Comparative and Foreign Law Commons^™

Fifty States, But No Room For The Stateless, In Atlas Of The Stateless: Facts And Figures About Exclusion And Displacement (Ulrike Lauerhass Et Al. Eds, 2020), David C. Baluarte

Books and Chapters

“Give me your tired, your poor / Your huddled masses yearning to breathe free...” says a plaque on the Statue of Liberty in New York. Since its founding, the United States has welcomed immigrants and has granted them citizenship. Their children born on American soil automatically become US nationals. The current US administration is trying to overturn this proud tradition.

The Many Harms Of Forced Marriage: Insights For Law From Ethnography In Northern Uganda, Myriam S. Denov, Mark A. Drumbl

Scholarly Articles

Harnessing an interdisciplinary framework that merges elements of law and social science, this article aims to recast the crime of forced marriage, and thereby enhance accountability, in light of knowledge acquired through ethnographic fieldwork in northern Uganda. More specifically, we draw upon the perspectives and experiences of 20 men who were "bush husbands" in the Lord’s Resistance Army (LRA). These men were abducted by the LRA between the ages of 10 and 38 and spent between 6 and 24 years in captivity. During their time in the LRA, these men became ‘bush husbands’ with each man fathering between 1 and …

Making Open Access Viable Economically, Andrew Hyde, Russell A. Miller, Emanuel V. Towfigh

Scholarly Articles

The Editors-in-Chief have decided that we will provide our much-cherished readers with an editorial every so often as a way of sharing insights from the “machine room” where so much of the thinking and work is done to publish the German Law Journal. We want to let you in on the ideas that are on our minds, share with you our observations, and include you in the conversations we are having that might be of interest to you. We begin this tradition with this issue, Volume 21 – Number 6. Andrew Hyde, a member of the editorial team with which …

Masthead

UC Law SF International Law Review

No abstract provided.

Negotiating The Implementation Of Children’S Right To Life With Bashar Al-Assad Regime: International Law And The Syrian Humanitarian Crisis, Yuri Mantilla

UC Law SF International Law Review

No abstract provided.

Delaware's New Competition, William J. Moon

Faculty Scholarship

According to the standard account in American corporate law, states compete to supply corporate law to American corporations, with Delaware dominating the market. This “competition” metaphor in turn informs some of the most important policy debates in American corporate law.

This Article complicates the standard account, introducing foreign nations as emerging lawmakers that compete with American states in the increasingly globalized market for corporate law. In recent decades, entrepreneurial foreign nations in offshore islands have used permissive corporate governance rules and specialized business courts to attract publicly traded American corporations. Aided in part by a select group of private sector …

Keeping Faith With Nomos, Steven L. Winter

Law Faculty Research Publications

No abstract provided.

Let Them Eat Cake: A Comparative Analysis Of Recent British And American Law On Religious Liberty, Gerard A. Hornby

Duquesne Law Review

No abstract provided.

Sustainable Ecolabelled Seafood From The East China Sea: Regional And General Regulatory Regimes, Platinasoka Lin

SJD Dissertations

The aim of this work is to conduct a systematical review of fisheries management and to be an easy-understood guidebook for building an ecolabelling scheme of fisheries in the East China Sea, and also for Asian countries having plights of lacking good marine scientific research, advanced fisheries management, and public marine conservation awareness.

For this purpose, details of ecolabelling mechanism and the definitions of sustainable seafood are explored and a scoring checklist for ecolabelled seafood is created as a check tool, together with a certification standard named "ProFish." This work examines multiple types of legal documents, among them international conventions …

Defemation, Privacy, And The Role Of Public Figures: A Comparative Study Of Iran And The U.S. Legal Systems, Zahra Takhshid

Sturm College of Law: Faculty Scholarship

Legal systems around the world have adopted different approaches to protecting the privacy and integrity of citizens. However, protecting these values at times runs into conflict with principles such as freedom of speech and access to information. Moreover, the rise of social media platforms has intensified this conflict. In the U.S., the recognition of "public figure" and “actual malice” standard in defamation and privacy lawsuits has been a critical move in balancing the different values at stake. This Article studies the role of public figure standard in the U.S. defamation and privacy laws. It proposes that recognizing the differences between …

Please, Hear My Cry: Judicial Interpretation Of Children’S Human Rights Under The Jurisprudence Of The Inter-American Court Of Human Rights, Áquila Mazzinghy

UC Law SF International Law Review

This research analyzed human rights violations against the children of the American continent over the past four decades, with a focus on the Latin American states. The research concentrated on the following crimes committed against children: extra-judicial killing, torture, sexual molestation, rape and forced disappearance. It analyzed, compared and organized over 60 judicial cases from the Inter-American Court of Human Rights. The overall research objective was to scrutinize the Court’s judicial interpretation of children’s human rights through direct consideration of the sentences’ text. To perform this objective, this research identified patterns of conduct in state violations of children’s human rights, …

Italy-Libya Memorandum Of Understanding: Italy’S International Obligations, Elisa Vari

UC Law SF International Law Review

No abstract provided.

Transnational Punitive And Compensatory Damages: Villains Or Role Models?, Attilio M. Costabel

St. Thomas Law Review

This Article concludes that the purpose and the scale of the American punitive damages and compensatory damages alike should not be disparaged as excesses of a society spoiled by exaggerated wealth; instead, they should be seen as a model for valuing the universal integrity of human life, while not depending on technicalities of international forum shopping.

The Original Intent Of The Single Tax Principle: From Theory To Practice, Gianluca Mazzoni

SJD Dissertations

This dissertation is comprised of the following articles:

• The Italian Patent Box Regime and the Foreign Tax Credit, published as Mazzoni, G. “The Italian Patent Box Regime and the Foreign Tax Credit.” European Taxation 59, no. 9 (August 20, 2019). https://doi.org/10.59403/2p3evbr.
• The Italian Supreme Court's Decision in the ITW case (No. 32840): The Beneficial Ownership Requirement and Double Non-Taxation?
• Present at the Creation: Archival Research and Evidence on the Origins of the Single Tax Principle, published as Mazzoni, Gianluca. “Present at the Creation: Archival Research and Evidence on the Origins of the Single Tax Principle.” Intertax 47, no. Issue 10 …

The Right To Online Education In Kuwait, Revisited In Light Of Covid-19, Fatemah Albader, Fotouh Al-Raqom

ILSA Journal of International & Comparative Law

No abstract provided.

The 2020 Philip C. Jessup International Law Moot Court Competition- Problem With Corrections And Clarifications

ILSA Journal of International & Comparative Law

No abstract provided.

The 2020 Philip C. Jessup International Law Moot Court Competition- Memorial For Applicant

ILSA Journal of International & Comparative Law

No abstract provided.

Inefficiency Of Specific Performance As A Contractual Remedy In Chinese Courts: An Empirical And Normative Analysis, Lei Chen, Larry A. Dimatteo

Northwestern Journal of International Law & Business

This article investigates the values and latent policies in the area of the availability of specific performance (SP) as a contractual remedy, which have shaped the development of Chinese law. The National People’s Congress (Legislature) and Supreme People’s Court in China have addressed the remedial structure of Chinese contract law, namely, the availability of the remedy of SP as opposed to the awarding of damages only. The law is clear that the remedies of SP and damages are ordinary remedies that a claimant is free to choose between. The question that this article confronts is whether in practice the equality …

Reds, Whites, And Sulfites: Examining Different Organic Wine Regulation Practices In The United States And The European Union, Ryan Puszka

Northwestern Journal of International Law & Business

Abstract:

This note examines the history of regulation within the organic wine industry in the U.S. and the E.U. and explores the motivations behind the production of organic wine in these two regions. The variance in the historical significance of wine between these two regions is reflected in the contemporary differences between the two regions’ rules for organic wine certification. In 2012, the U.S. and the E.U. entered into a comprehensive organic equivalency agreement that covered nearly all organic agricultural products but due to significant differences in the two regions’ regulatory schemes concerning the inclusion of added sulfites in wine, …

The 2020 Philip C. Jessup International Law Moot Court Competition- Memorial For Respondent

ILSA Journal of International & Comparative Law

No abstract provided.