The Idea Of Property: A Comparative Review Of Recent Empirical Research Methods,
2019
University of Adelaide Law School
The Idea Of Property: A Comparative Review Of Recent Empirical Research Methods, Paul T. Babie, Peter D. Burdon Mr, Francesca Da Rimini, Cherie M. Metcalf Prof., Geir Stenseth
Indiana Journal of Global Legal Studies
While theory offers important insights into property's normative content, it sometimes fails to tell us about what people understand property to mean and how they interact with those things said to be owned by them. This has significant implications for some of the challenges facing humanity, including climate change, unequal distributions of wealth and resources, biodiversity loss, and innovation. In response, a growing body of literature is emerging that looks at property through a different lens; rather than theorizing property in an abstract way or attempting to craft a normative account of and justification for the institution, this new scholarship …
The U.N. Committee Of 24'S Dogmatic Philosophy Of Recognition: Toward A Sui Generis Approach To Decolonization,
2019
University of Derby
The U.N. Committee Of 24'S Dogmatic Philosophy Of Recognition: Toward A Sui Generis Approach To Decolonization, Hakeem O. Yusuf, Tanzil Chowdhury
Indiana Journal of Global Legal Studies
The time is ripe for the U.N. Special Committee on Decolonization (the Committee of 24) to accept sui generis categories that enable it to achieve its aim of finishing the job of decolonization. This would mean a departure from the Committee of 24's rigid adherence to the three forms of decolonization currently recognized: independence, integration, and free association. This article adopts Gilles Deleuze's critiques of the "dogmatic philosophy of recognition" and how they can be overcome through his articulation of "the Encounter" to analyse the philosophical basis of the Committee of 24's inability to recognize sui generis forms of decolonization. …
The Effectiveness And Application Of The Eu Principle Of Consistent Interpretation In Hungarian Courts,
2019
University of Venice
The Effectiveness And Application Of The Eu Principle Of Consistent Interpretation In Hungarian Courts, Fabio Ratto Trabucco
Indiana Journal of Global Legal Studies
This study of how the Hungarian courts have applied the principle of consistent interpretation demonstrates the striking degree to which this statutory interpretation method has been derived from EU law and embedded in the national courts' practice. Originating in the jurisprudence of the EU Court of Justice and based on the principle of sincere cooperation set out in Article 4(3) EU Treaty, the principle of consistent interpretation consists of a duty incumbent on all public authorities, including national courts, to interpret national law in conformity with EU law. Consistent interpretation plays an important role in enabling individuals to secure rights …
"Believe Me," We Do Not Have A Foreign Emoluments Clause Violation,
2019
Indiana University Maurer School of Law
"Believe Me," We Do Not Have A Foreign Emoluments Clause Violation, Scotty N. Teal
Indiana Journal of Global Legal Studies
President Trump was sued in New York District Court for allegedly violating the Foreign Emoluments Clause. In its brief, the Citizens for Responsibility and Ethics in Washington (CREW) alleged that the president's international businesses and real estate holdings positioned him to receive money from foreign governments. These business interests, or entanglements, could "sway" or create an opportunity for negative foreign influence in violation of the Emoluments Clause. CREW states that these "entanglements between American officials and foreign powers could pose a creeping, insidious threat to the Republic." CREW argued that President Trump violated the Emoluments Clause because the clause "cover[s] …
From Justice To Injustice: Lowering The Threshold Of European Consensus In Oliari And Others Versus Italy,
2019
Law School of Near East University (Nicosia)
From Justice To Injustice: Lowering The Threshold Of European Consensus In Oliari And Others Versus Italy, Nazim Ziyadov
Indiana Journal of Global Legal Studies
Oliari and Others v. Italy, decided by the European Court of Human Rights (ECHR) in 2015, changed its case law. The ECHR changed its position stated in Schalk and Kopf v. Austria (2010) when evaluating an alleged violation of Article 8 of the European Convention on Human Rights. It concluded that Italy has a positive obligation under the convention to guarantee alternative legal recognition for same-sex couples. The same conclusion was not reached in Schalk. In Oliari and Others, the ECHR heavily relied on the European consensus doctrine and eventually deepened formalization of two different institutions (marriage and civil unions). …
The Sea Of The Universe: How Maritime Law's Limitation On Liability Gets It Right, And Why Space Law Should Follow By Example,
2019
Indiana University Maurer School of Law
The Sea Of The Universe: How Maritime Law's Limitation On Liability Gets It Right, And Why Space Law Should Follow By Example, Rachel Rogers
Indiana Journal of Global Legal Studies
"Space law," much like outer space itself, still remains largely unnavigated in some aspects. "Space law" is a term loosely used to dictate the body of law that refers to the international rules and regulations surrounding exploration and behavior while in outer space; while it quite uniformly covers questions of general damage control, international relations, and resource exploration, some areas of this body of law remain ambiguous and only partially implemented across the globe. One of these broad areas is the role of tort law in outer space-liability stemming from spacecraft collision and the resulting damage that occurs between the …
Indecency Regulation Of The Fcc And Censorship Law In Republic Korea: Comparison And Contrasts,
2019
[email protected]
Indecency Regulation Of The Fcc And Censorship Law In Republic Korea: Comparison And Contrasts, Min-Soo "Minee" Roh
Upper Level Writing Requirement Research Papers
Regulating music on radio or television is not a straightforward process, as the music is comprised of lyrics of words. On top of the lyrics, any music performance has an additional layer of choreography and dress code. If any individual elements or combined elements is obscene or indecent, the government attempts to regulate broadcasting both music and performance. This leads to regulating general speech on communications and it requires this paper to look into regulation of broadcasting in general and specific examples of music broadcasting regulation on radio and television, particularly, in the United States (“States”) and in Republic of …
Poland: Winds Of Change In The Act On Windfarms,
2019
University of Georgia School of Law
Poland: Winds Of Change In The Act On Windfarms, Jacob T. Mcclendon
Georgia Journal of International & Comparative Law
No abstract provided.
Off With Their Heads! How China's Controversial Human Head-Transplant Procedure Exceeds The Parameters Of International Ethical Standards In Human Experimentation,
2019
University of Georgia School of Law
Off With Their Heads! How China's Controversial Human Head-Transplant Procedure Exceeds The Parameters Of International Ethical Standards In Human Experimentation, Deena Agamy
Georgia Journal of International & Comparative Law
No abstract provided.
Democracy, Rule-Of-Law, And Legal Ethics Education: Directing Lawyers To Support Democratization In Myanmar,
2019
Australian National University College of Law
Democracy, Rule-Of-Law, And Legal Ethics Education: Directing Lawyers To Support Democratization In Myanmar, Jonathan Liljeblad
Georgia Journal of International & Comparative Law
No abstract provided.
Refugee Crisis In Germany And The Right To A Subsistence Minimum: Differences That Ought Not Be,
2019
Bielefeld University, Germany
Refugee Crisis In Germany And The Right To A Subsistence Minimum: Differences That Ought Not Be, Ulrike Davy
Georgia Journal of International & Comparative Law
No abstract provided.
Table Of Contents - Vol. 47, Issue No. 2,
2019
University of Georgia School of Law
Table Of Contents - Vol. 47, Issue No. 2, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
Residential Requirements In The Intercountry Adoption Process: Protectionist Measure Or Insurmountable Barrier?,
2019
University of Georgia School of Law
Residential Requirements In The Intercountry Adoption Process: Protectionist Measure Or Insurmountable Barrier?, Morgan R. Thomas
Georgia Journal of International & Comparative Law
No abstract provided.
Mind Your Businesses: Why Georgia Companies Should Worry About European Privacy Law,
2019
University of Georgia School of Law
Mind Your Businesses: Why Georgia Companies Should Worry About European Privacy Law, Emily E. Seaton
Georgia Journal of International & Comparative Law
No abstract provided.
Tacos, Tequila, And Tainted Alcohol? An Examination Of The Tainted Alcohol Problem In Mexico And What It Means For The American Tourist,
2019
University of Georgia School of Law
Tacos, Tequila, And Tainted Alcohol? An Examination Of The Tainted Alcohol Problem In Mexico And What It Means For The American Tourist, Tammy Le
Georgia Journal of International & Comparative Law
No abstract provided.
Regulating International Surrogacy Arrangements Within The United States: Is There A Conceivable Solution?,
2019
University of Georgia School of Law
Regulating International Surrogacy Arrangements Within The United States: Is There A Conceivable Solution?, Laura R. Golden
Georgia Journal of International & Comparative Law
No abstract provided.
The Challenges Of Water Governance (And Privatization) In China; Normative Traps, Gaps, And Prospects,
2019
Chinese University of Hong Kong
The Challenges Of Water Governance (And Privatization) In China; Normative Traps, Gaps, And Prospects, Xu Qian
Georgia Journal of International & Comparative Law
No abstract provided.
Building Integration Through The Bill Of Rights? The European Union At The Mirror,
2019
Department of Legal Studies, Bocconi University
Building Integration Through The Bill Of Rights? The European Union At The Mirror, Graziella Romeo
Georgia Journal of International & Comparative Law
No abstract provided.
Table Of Contents And Masthead - Vol. 47, Issue No. 1,
2019
University of Georgia School of Law
Table Of Contents And Masthead - Vol. 47, Issue No. 1, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
Conceptualizing Indigenous Historical Justice Toward A Mutual Recognition With State In Taiwan,
2019
University of Washington School of Law
Conceptualizing Indigenous Historical Justice Toward A Mutual Recognition With State In Taiwan, Awi Mona
Washington International Law Journal
Transitional justice has received considerable attention in recent years in Taiwan. Despite all this attention, transitional justice is an issue that remains incomplete without addressing justice for indigenous peoples. This paper aims to focus on the essential characteristics of indigenous justice against the successive alien regimes. Though the fact that the national apology to indigenous peoples may have broken new ground in the government’s relationship with indigenous peoples, the common understanding of transitional justice has caused significant bitterness and frustration for indigenous peoples. Until the core significance of indigenous justice is essentially resolved, the existing uncertainty about reconciliation with indigenous …
