Comparative and Foreign Law Commons^™

Models Of Pre-Promulgation Review Of Legislation, Rachel Myers

Indiana Journal of Constitutional Design

Pre-promulgation review seeks to harmonize legislation with the constitution by engaging in a dialogue among government institutions that seeks to prevent unconstitutional legislation from becoming law. Pre-promulgation review is an integral part of the lawmaking process, and this study seeks to unite scholarship on different methods of this review in a comparative survey to assist lawyers, policymakers, and scholars. A wide range of institutions may fulfill the function of reviewing proposed legislation for compliance with the constitution or other codes of national importance prior to their passage into law. Because of this diversity, scholarship on the topic of pre-promulgation review …

Taxonomy Of Powers And Roles Of Upper Chambers In Bicameral Legislatures, Carolyn Griffith

Indiana Journal of Constitutional Design

Bicameral legislatures exist around the world, with power divisions to create checks and balances on the constitutional order as a whole. In the context of constitutional design, this presents a variety of options of roles and rights given to each chamber at each step in both the legislative process and beyond. Taken as a whole, this taxonomy demonstrates there are nearly an infinite number of possibilities for separating powers between upper and lower chambers in bicameral legislatures. Often, these decisions are guided by the history of the country. For each federal legislature that places powers or votes in one chamber, …

Prefatory Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.

The Death Of The Autonomous Venezuelan Judiciary, Amid Bennaim

University of Miami Inter-American Law Review

Access to impartial and effective courts is the cornerstone of democratic civil society. When the intention of political actors is to extinguish democratic civil society, they often wear away at the autonomy of the judiciary. International law and the constitutions of many states throughout the world guarantee access to autonomous courts. Despite having such guarantees in place, the government of the Bolivarian Republic of Venezuela has consistently attacked the judiciary in order to erode its autonomy and bring it under political control. Strategies used to achieve that goal include purging judges, intimidating them, and preventing judges from getting tenure. As …

Narcotraffic As Connected Political Crime In Colombia: The Farc Case, Andrea Mateus-Rugeles, Paula C. Arias

University of Miami Inter-American Law Review

No abstract provided.

Nicolás Maduro’S Impunity Is A Foregone Conclusion: A Case For Replacing The Treaty-Based Rule Of Law Model With Universal Jurisdiction, Alec Waid

University of Miami Inter-American Law Review

No abstract provided.

Healthy Data Protection, Lothar Determann

Michigan Technology Law Review

Modern medicine is evolving at a tremendous speed. On a daily basis, we learn about new treatments, drugs, medical devices, and diagnoses. Both established technology companies and start-ups focus on health-related products and services in competition with traditional healthcare businesses. Telemedicine and electronic health records have the potential to improve the effectiveness of treatments significantly. Progress in the medical field depends above all on data, specifically health information. Physicians, researchers, and developers need health information to help patients by improving diagnoses, customizing treatments and finding new cures.

Yet law and policymakers are currently more focused on the fact that health …

Digitizing Scent And Flavor: A Copyright Perspective, Amara Lopez

Michigan Technology Law Review

Should the flavor of a cheese fall under copyright protection? The Court of Justice of the European Union recently confronted this question in Levola Hengelo BV v. Smilde Foods. Although the court ultimately denied protection, its reasoning opened many doors for those seeking intellectual property protection for scents and flavors. The court implied that it was the subjective nature of a cheese flavor that bars it from enjoying the protection copyright affords, which begs the question of what would happen if there were a sufficiently objective way to describe a flavor.

Recent developments in technology have led to the digitization …

The Eleventh Circuit's Rendezvous With Section 1782, Emory Larkin

Mercer Law Review

As the 2020 election draws near, the United States' divide on matters of foreign relations is more polarized than it has been in decades. Therefore, case law interpreting statutes such as 28 U.S.C. § 1782— which provides an avenue to aid litigation in foreign countries—is increasingly relevant in today's society. Section 1782 proceedings do not usually make the front page of the news, and most attorneys can practice their entire career without ever coming across the statute at all, nevertheless, Section 1782 is an important part of foreign litigation and international relations and has been for over 150 years.

Section …

Foreword--Comparative Corporate Law & Governance, Dan W. Puchniak, Randall S. Thomas

Vanderbilt Journal of Transnational Law

Despite the challenges posed by Covid-19, especially for the student editors of the Journal, this special issue has been published on time and has been superbly edited. On behalf of the authors, NUS Law, and the Law & Business Program of Vanderbilt Law School, we would like to express our sincere appreciation to the editor in chief, Joshua D. Minchin, and the entire editorial team of the Vanderbilt Journal of Transnational Law for their remarkable skill, effort, and dedication in these challenging times. Your performance gives us great hope that the future is extremely bright.

The Development Of Singapore Law: A Bicentennial Retrospective, Andrew Phang, Yihan Goh, Jerrold Soh

Research Collection Yong Pung How School Of Law

The present article reviews (in broad brushstrokes) the status of Singapore law during its bicentennial year. It is not only about origins but also about growth – in particular, the autochthonous or indigenous growth of the Singapore legal system (particularly since the independence of Singapore as a nation state on 9 August 1965). The analysis of this growth is divided into quantitative as well as qualitative parts. In particular, the former constitutes an empirical analysis which attempts – for the very first time − to tell the development of Singapore law through numbers, building on emerging techniques in data visualisation …

Fascism And Monopoly, Daniel A. Crane

Michigan Law Review

The recent revival of political interest in antitrust has resurfaced a longstanding debate about the role of industrial concentration and monopoly in enabling Hitler’s rise to power and the Third Reich’s wars of aggression. Proponents of stronger antitrust enforcement argue that monopolies and cartels brought the Nazis to power and warn that rising concentration in the American economy could similarly threaten democracy. Skeptics demur, observing that German big business largely opposed Hitler during the crucial years of his ascent. Drawing on business histories and archival material from the U.S. Office of Military Government’s Decartelization Branch, this Article assesses the historical …

Diversity Of Shareholder Stewardship In Asia: Faux Convergence, Gen Goto, Alan K. Koh, Dan W. Puchniak

Research Collection Yong Pung How School Of Law

Since the UK adopted the world's first stewardship code in 2010, stewardship codes have proliferated across Asia. Given the UK Code's prominence, it is tempting to assume that every other stewardship code performs the same function as the UK Code. This assumption belies the truth: all these codes--regardless of whether they have in fact drawn inspiration from the UK Code--have taken different trajectories due to each adopting its jurisdiction's distinctive institutional and legal context.Using empirical evidence and in-depth case studies of stewardship in Japan and Singapore, this Article reveals how any reception of United Kingdom-style stewardship concepts is only skin …

Corruption In Match-Fixing Within Sports: The Need To Regulate Future Legislation (A Comparative Study And Lesson From The Australian System Of Law), Ranto Sabungan Silalahi

Indonesia Law Review

The Indonesian football league has been devastated greatly because of match-fixing, a problem that has caused the decline of the country’s achievements in international events. The ongoing mechanism of using sports law or lex sportiva is considered ineffective because it provides no deterrent effect on offenders. The country may learn from Australia, who has gained many international sports achievements by previously eradicating match-fixing in sports, including football. Australia has included match-fixing among acts of sports corruption, and offenders may be sanctioned both by receiving criminal punishment from a law authority and disciplinary sanction from a sport or football authority. To …

Analisis Hukum Skema Kontrak Gross Split Terhadap Peningkatan Investasi Hulu Minyak Dan Gas Bumi, Muhammad Fajri

Jurnal Hukum & Pembangunan

As a solution to the problems of the Cost Recovery production sharing contract system, the Government of Indonesia through the Ministry of Energy and Mineral Resources issued Minister of Energy and Mineral Resources of the Republic of Indonesia Regulation Number 08 of 2017 concerning Gross Split Production Sharing Contracts. This new regulation is motivated by the low number and length of time of the discovery of oil and gas reserves, along with the Non-Tax State Revenue (PNBP) which continues to decline in the upstream oil and gas sector. The Gross Split profit sharing scheme also offers bureaucratic cuts in investment …

On Proposal To Regulate Abuse Of Superior Bargaining Position: Lessons From Other Jurisdictions, Meirani Suyawan, Kurnia Togar Pandapotan Tanjung

Jurnal Hukum & Pembangunan

The latest version of the draft bill regarding Law on the Prohibition of Monopolistic Practices and Unfair Business Competition has added new arrangements about the abuse of a superior bargaining position. The new law proposal which is intended to amend existing Indonesian competition law (Law Number 5 Year 1999) stipulates that any business actor is prohibited from abuse its superior bargaining position within a partnership agreement with other less dominant entities. Under Law Number 20 Year 2008 on Micro, Small and Medium Enterprises, a partnership agreement means any agreement made between micro, small and medium enterprises and large enterprises like …

Pengembangan Kapasitas Usaha Kecil Menengah Dalam Memanfaatkan Sistem Hak Kekayaan Intelektual Bagi Peningkatan Daya Saing Usaha, Ranggalawe Suryasaladin

Jurnal Hukum & Pembangunan

As a main contributor to Indonesia GDP, Small and Medium Enterprises should be assisted by Goverment and University in order to expand its capacity in managing their intangible assets and intellectual property. The efforts in giving guidance to SMEs in managing its IP and take a benefit of IP systems could be on the mapping of problems faced by SMEs in managing its IP and addressing a better policy recommendation suitable to solves it problems. This article streghtening the arguments that to enhance Indonesia SME capacities in managing its IP , the government institutions and university have to coopertate in …

Hubungan Keuangan Pemerintah Pusat Dan Daerah Dalam Penyelenggaraan Jaminan Kesehatan Nasional, Amelia Martira, Harsanto Nursadi

Jurnal Hukum & Pembangunan

Indonesia’s National Health Security (NHS) has begun since 2014 which give a lot of benefits to people in Indonesia. Access to health care become more easier without giving financial hardship. However, there are some obstacles that Indonesia NHS facing, which one is deficit in pool funding that is not enough to pay the benefits. One of newer solution to overcome this problem is by activating the resources from local government, especially from the funding. Basically, decentralization is the framework of the central and local government relation in Indonesia, by transferring power, authority and financial of health functional assignment to local …

Legalization Of Abortion Against Victims Of Rape Crimes Viewed From Victimology Perspective, Siska Elvandari

Jurnal Hukum & Pembangunan

One of human rights guaranteed and protected in the 1945 Constitution is the right to live and maintain life, stated in Article 28 A of the 1945 Constitution. The right to live and maintain life is the highest right that is inherent in human beings as the subject of law since humans were born to death in the world. The right to live and maintain life is not only inherent in human beings who have been born, but also in humans or children who are still in the womb, stated in Article II of the Civil Code that "Children are …

Politik Hukum Pidana Terhadap Perbuatan Narapidana Melarikan Diri Dari Lembaga Pemasyarakatan Di Indonesia, Muhammad Fatahillah Akbar

Jurnal Hukum & Pembangunan

Prison escape has been committed by many prisoners in several correctional institutions in Indonesia. Since it is not a crime under Indonesian Law, the punishment of the action is merely an discipline sanction. Then, the existing punishment is not sufficient to prevent and eradicate prison escape. Hence, the rehabilitation by the correctional system will never work. This paper aims to analyse how the existing legislation regulates on the prison escape and how the viable regulation in prison escape. It is proven than in the Act on Correctional Institution and in the other relevan regulations, prison escape can never be investigated …