The Power Struggle: Shareholder Rights In Brazilian Corporate Bankruptcy,
2018
University of Miami Law School
The Power Struggle: Shareholder Rights In Brazilian Corporate Bankruptcy, Jessica Nowak
University of Miami International and Comparative Law Review
No abstract provided.
Searching For Spiritual Security: The Tangled Relationship Of The Russian Orthodox Church, The Russian State And Religious Freedom,
2018
University of Miami Law School
Searching For Spiritual Security: The Tangled Relationship Of The Russian Orthodox Church, The Russian State And Religious Freedom, June "Bonnie" M. Kelly
University of Miami International and Comparative Law Review
No abstract provided.
Historic Preservation And Progress In Atlanta: Opportunity Knocks,
2018
Georgia State University
Historic Preservation And Progress In Atlanta: Opportunity Knocks, Ian Michael Rogers
Journal of Comparative Urban Law and Policy
This paper explores where Atlanta’s historic preservation ethos stands in 2017. Further, this paper examines and analyzes how historic preservation can be more fully supported in Atlanta through strategic tools and policies.
Natura 2000 - The European Union Mechanism For Nature Conservation. Some Legal Issues.,
2018
University of Warsaw
Natura 2000 - The European Union Mechanism For Nature Conservation. Some Legal Issues., Maria Kenig-Witkowska
Journal of Comparative Urban Law and Policy
No abstract provided.
Water Shortage And Water Law: The Impending Crisis In Semi-Arid Climates,
2018
Georgia State University College of Law
Water Shortage And Water Law: The Impending Crisis In Semi-Arid Climates, Bonnie Persons
Journal of Comparative Urban Law and Policy
Water is a business driver and a substantial source of both wealth and risk. Water is also under increasing statutory and legislative pressure as jurisdictions strive to manage water resources more holistically by addressing both surface and groundwater together, but on a more decentralized and sustainable basis. The potential collapse of the municipal water system in Cape Town, South Africa serves as a stark alarm for cities in arid and semi-arid, Mediterranean-like environments. This risk is especially true of cities like Marseilles, France and regions like California. By comparing the impacts of the water law in these different jurisdictions, this …
Three Cases In Point: A Comparison Of Legal Access To Housing For Low-Income And Homeless Populations In Cape Town, Marseille And Miami,
2018
Georgia State University
Three Cases In Point: A Comparison Of Legal Access To Housing For Low-Income And Homeless Populations In Cape Town, Marseille And Miami, Leila Lawlor
Journal of Comparative Urban Law and Policy
Miami, Cape Town, and Marseille have taken dissimilar approaches in their attempts to legislate and supply affordable housing to those in need. One of these cities has no justiciable right whatsoever, one has a right set out in its national constitution, and one has a right set out in its national law. These cities have had different degrees of success in aiding those in need of adequate housing; however, each of these cities continues to suffer from both a lack of affordable housing and a widening income gap. Examining the frameworks and the efforts of these three port cities establishes …
Ten Years Of The French Dalo And The Catalan Right To Housing Act: European Innovation In The Fields Of Land Use Planning And Housing,
2018
Sciences Po Paris Law School
Ten Years Of The French Dalo And The Catalan Right To Housing Act: European Innovation In The Fields Of Land Use Planning And Housing, Camille Mialot, Juli Ponce
Journal of Comparative Urban Law and Policy
The main objective of this article is to give an overview for an international audience of the results of two acts which were passed the same year, 2007 - the French Enforceable right to housing (Droit au logement opposable, later referred as DALO) Act, and the Catalan Right to Housing Act (Llei catalana del dret a l´habitatge, CRHA). Both acts are good examples of legal innovations regarding land use and housing at the beginning of the 21st Century. The first one established an enforceable right to housing in France for the first time in French history. The second one is …
Social Dimensions And Social Function Born In Latin America: Property Limits In The U.S. And The European Union Legal Systems,
2018
University of Barcelona
Social Dimensions And Social Function Born In Latin America: Property Limits In The U.S. And The European Union Legal Systems, Wellington Migliari
Journal of Comparative Urban Law and Policy
This article is a comparative analysis of property systems and their social dimensions between the United States (U.S.) and the European Union (EU). Throughout the article, we show how the fees and development taxes applied in the U.S. refer to an ex ante rationale assumed by private owners to compensate communities for land transformation or environmental impacts, while inside the EU, the political consensus is responsible for the imposition of limits in ex post abuses of ownership. Either in public administrations, or in the Council of Ministers of the EU, the social function of property is better understood as a …
Regional Public/Private Partnerships As Entrepreneurial Bricolage,
2018
Salem State University
Regional Public/Private Partnerships As Entrepreneurial Bricolage, John F. Mcardle
Journal of Comparative Urban Law and Policy
Entrepreneurial development of contaminated or blighted land, commonly referred to as “brownfield,” carries significant enterprise risk. When considering competing opportunities, capital tends to flow in an adverse direction from higher-risk activity where outcomes are less certain. In addition, a complicated regulatory landscape can increase transaction costs which further limit the desirability of these projects. Often, that leaves the remediation of environmentally compromised property in the hands of the public sector. Yet, in industrialized nations with significant brownfield presence, government is often unable to solely cure defects due to limited fiscal resources and competing policy imperatives. One solution to the problem …
The Emergence Of Metropolitan Areas As A New Form Of Interfederative Governance: A Comparative Study Of Aix-Marseille-Provence And The Metropolitan Region Of Rio De Janeiro,
2018
Universidade Do Estado Do Rio De Janeiro
The Emergence Of Metropolitan Areas As A New Form Of Interfederative Governance: A Comparative Study Of Aix-Marseille-Provence And The Metropolitan Region Of Rio De Janeiro, Aricia Fernandes Correia, Romulo S.R. Sampaio
Journal of Comparative Urban Law and Policy
The exponential demographic increase of the last century and the transformation of the cities, from industrial to service providers, added to the phenomenon of conurbation. In addition, the new social, environmental, economic, political and cultural dynamics of close cities, challenged the traditional municipal power and required a collaborative new management framework. Global cities became metropolitan areas. Issues of local urban interest are now of regional preoccupation. Governmental institutional frameworks and urban planning were not designed to match this new socioeconomic and environmental metropolitan order. This paper deals with the legal challenges of creating metropolitan governance structures comparing France and Brazil. …
The French Metropole: How It Gained Legal Status As A Metropolis,
2018
Suffolk University Law School
The French Metropole: How It Gained Legal Status As A Metropolis, Janice Griffith
Journal of Comparative Urban Law and Policy
France’s long history of centralized governance has generated debates as to what powers should remain with the State and what powers should devolve to sub-national governments. To ameliorate the fragmentation resulting from the small size of France’s 36,000 plus municipalities, called communes, the State authorized the creation of general-purpose, inter-communal public institutions to perform municipal functions on behalf of the communes on a greater economy of scale. The article examines the trajectory that led to the creation in 2010 of the métropole, or metropolis, the most recent of these inter-communal bodies that is designed to undertake public functions in large …
The Future Of French Metropolis,
2018
Georgia State University College of Law
The Future Of French Metropolis, Anne-Claire Mialot
Journal of Comparative Urban Law and Policy
No abstract provided.
Introduction,
2018
Georgia State University College of Law
Introduction, Julian Conrad Juergensmeyer, Karen Johnston
Journal of Comparative Urban Law and Policy
No abstract provided.
The Sociedad Por Acciones Simplificada: Suggestions For Further Reform Of Mexico's First Unipersonal Limited Liability Entity,
2018
University of Washington School of Law
The Sociedad Por Acciones Simplificada: Suggestions For Further Reform Of Mexico's First Unipersonal Limited Liability Entity, Laura K. Daugherty
Washington International Law Journal
Mexico introduced its first unipersonal limited liability entity in 2016, the Sociedad por Acciones Simplificada (“SAS”). The introduction of Mexico’s SAS is in line with legal development in Latin America as a whole, where there has been a recent trend towards introducing new unipersonal limited liability entities that are specially designed to reduce barriers to entry for burgeoning business owners and ease the requirements of owning a business entity. However, the Mexican SAS as it currently exists is uniquely overly restrictive. To remedy this, some of the current restrictions on the entity should be lifted to facilitate the functionality of …
Hangeul As A Tool Of Resistance Aganst Forced Assimiliation: Making Sense Of The Framework Act On Korean Language,
2018
University of Washington School of Law
Hangeul As A Tool Of Resistance Aganst Forced Assimiliation: Making Sense Of The Framework Act On Korean Language, Minjung (Michelle) Hur
Washington International Law Journal
Language policies that mandate a government use a single language may seem controversial and unconstitutional. English-only policies are often seen as xenophobic and discriminatory. However, that may not be the case for South Korea’s Framework Act on Korean Language, which mandates the use of the Korean alphabet, Hangeul, for official documents by government institutions. Despite the resemblance between the Framework Act on Korean Language and English-only policies, the Framework Act should be understood differently than English-only policies because the Hangeul-only movement has an inverse history to English-only movements. English-only movements have a history of using English as a …
The Limits Of Constitutional Deferral: Lessons From The History Of The 2004 Constitution Of Afghanistan,
2018
University of Washington School of Law
The Limits Of Constitutional Deferral: Lessons From The History Of The 2004 Constitution Of Afghanistan, Shamshad Parsarlay
Washington International Law Journal
In an important recent work, Rosalind Dixon and Tom Ginsburg noted that constitution writers regularly choose to defer to the future important questions of constitutional design. They argue that an “optimal” level of constitutional deferral might contribute to constitutional stability and help constitutions live longer. This Article argues that although constitution makers might choose to defer on many important questions of constitutional design to promote agreement, certain types of deferral might turn out to be counterproductive, and thus constitution writers’ choice to defer should be limited. The Article highlights that it is risky to defer to future legislatures the powers …
The Case For Effective Environmental Politics: Federalist Or Unitary State? Comparing The Cases Of Canada, The United States Of America, And The People’S Republic Of China,
2018
Centre for International Sustainable Development Law
The Case For Effective Environmental Politics: Federalist Or Unitary State? Comparing The Cases Of Canada, The United States Of America, And The People’S Republic Of China, Justin Fisch
University of Michigan Journal of Law Reform
Federalism, by its nature, is a segmented system of governance. The Canadian and American constitutional orders are divided along very clear lines of jurisdictional authority between levels of government. Environmental issues, by their nature, are holistic in scope—they transcend borders, governments, jurisdictions, and authorities. For this reason, one might assume that a unitary state would be better positioned to tackle them. Is this justified? This Article examines the Chinese unitary state, in comparison to the federalist systems in Canada and the United States of America, to discern whether a unitary government can better manage issues plaguing the environment.
Jus Pro Bello: The Impact Of International Prosecutions On War Continuation,
2018
University of Washington School of Law
Jus Pro Bello: The Impact Of International Prosecutions On War Continuation, Marco Bocchese
Washington International Law Journal
This Article investigates the political and military conditions under which national governments decide to invite judicial scrutiny from the International Crim-inal Court (“ICC”). The cross-case analysis of seven countries either examined or officially investigated by the ICC Prosecutor’s Office (“OTP”) lends support to the conclusion that governments solicit external judicial scrutiny due to two main independent variables: namely, a military’s inability to defeat a rebellion and a short-term preference for continuing war over negotiating its conclusion. This Article contends that the values placed on these variables combine to persuade national governments in conflict-ridden countries that, against predictions to the contrary, …
Private Property Rights And The Public Interest In Exploration Of Outer Space,
2018
University of Nebraska College of Law
Private Property Rights And The Public Interest In Exploration Of Outer Space, Frans G. Von Der Dunk
Space, Cyber, and Telecommunications Law Program: Faculty Publications
The impending missions to exploit natural resources of celestial bodies may at some point start interfering with the scientific interests, including those of astrobiology, in these bodies. While the legal status of celestial bodies at the highest level is clear, uncertainty has arisen as to the extent private property rights over such objects or over their resources are legally acceptable, legally impossible, or potentially legal. This also provides for a considerable amount of uncertainty regarding how the legal framework could or may need to be changed to accommodate private interests. The article analyzes the two main international treaties relevant from …
Particular Social Groups: Vague Definitions And An Indeterminate Future For Asylum Seekers,
2018
Brooklyn Law School
Particular Social Groups: Vague Definitions And An Indeterminate Future For Asylum Seekers, Christopher C. Malwitz
Brooklyn Law Review
Victims fleeing their native countries to escape violence, discrimination, or persecution are provided a limited number of mechanisms under current immigration law to gain refuge in the United States. Under the controlling law, aliens entering the United States are eligible for asylum if they qualify under one of five protected grounds, including race, religion, nationality, membership in a particular social group, or political opinion. But the complete lack of statutory guidance surrounding what constitutes a “particular social group” is incredibly controversial and confusing. The immigration statutes provide no language defining this protected ground. Thus, the guiding framework and eligibility criteria …
