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). …
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.
Violence Implicit In Hijab Suppression Laws In Uzbekistan, Tajikistan, And France Under The Cedaw Framework,
2019
University of Washington School of Law
Violence Implicit In Hijab Suppression Laws In Uzbekistan, Tajikistan, And France Under The Cedaw Framework, Jordan Elizabeth Pahl
Washington International Law Journal
This Comment examines three instances of laws banning hijab, the headscarf worn by many Muslim women. These laws, as enacted in Soviet Uzbekistan, France, and Tajikistan provide justifications for violence against women on a number of levels and, as such, violate the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). The stigmatization of Muslim women these laws perpetuate result in women’s lack of access to work and education as guaranteed by CEDAW, and also act as a catalyst for violence against women who violate these laws. This paper argues that hijab suppression laws violate CEDAW …
Whither Converging Narratives Of Justice In Transition? Transitional Justice And Judicial Reform In Taiwan,
2019
University of Washington School of Law
Whither Converging Narratives Of Justice In Transition? Transitional Justice And Judicial Reform In Taiwan, Agnes S. Schick-Chen
Washington International Law Journal
Referring to Taiwan’s recent transitional justice legislation as a first tentative step towards the possibility of judicial solutions for problems of injustice dating from the authoritarian era, this paper elaborates chances and difficulties of introducing the judiciary to the ongoing processes of coming to terms with the past in Taiwan. It intends to argue that apart from the specific circumstances of Taiwan’s transition to democracy after the lifting of martial law in 1987, the avoidance of a judicial approach to transitional justice was both caused by and the reason for a deficit in narratives of judicial justice. Together with the …
Judges Versus Jurors: Biased Attributions In The Courtroom,
2019
Visiting Researcher, Cornell Law School
Judges Versus Jurors: Biased Attributions In The Courtroom, Goran Dominioni, Pieter Desmet, Louis Visscher
Cornell International Law Journal
The fundamental purpose of a tort trial is to allocate responsibility. However, attributing fault is difficult, and decades of research in psychology have shown that human beings are prone to make systematic errors in performing this task. What can be done about this? The United States and countries in continental Europe adopt diametrically opposed strategies to reduce errors in the attribution of responsibility in the courtroom. American law delegates fact-finding to jurors and makes some type of evidence inadmissible in court to protect jurors from potentially biasing information, such as character evidence. European legal systems, instead, employ almost exclusively judges …
The Diffusion Of Legal Innovation--Insights From Mathematical Modeling,
2019
Hebrew University of Jerusalem Law Faculty
The Diffusion Of Legal Innovation--Insights From Mathematical Modeling, Michal Shur-Ofry, Gadi Fibich, Shira Green
Cornell International Law Journal
Do countries adopt legal rules due to independent, top-down processes, or do laws spread among nations in a manner that resembles the diffusion of new products and innovations in a social network? We empirically examine this question by employing an influential mathematical model based on sociological diffusion theory and frequently used for analyzing the diffusion of innovations (the Bass model). Our findings indicate that more often than not, the temporal diffusion of legal rules displays a good fit to the Bass model and suggest that this model can provide new insights in studying the diffusion of laws. Particularly, applying the …
Organ Donations: Why The Gift Of Life Ideology Is Losing Lives,
2019
UC Law SF
Organ Donations: Why The Gift Of Life Ideology Is Losing Lives, Dylan Fukai
UC Law SF International Law Review
As people around the world continue to die on organ transplant waiting lists, the international community sits idly by, hoping that human kindness will solve the growing need for organs. Current altruistic systems have proven to be inadequate to close the gap between the high demand for organs and the limited supply of legally available organs. The international community’s aversion toward legal organ sales and the current issues stemming from the illegal organ market continue to impede progress toward saving lives. However, some nations have begun to transition from strictly altruistic organ transplantation systems. One example of a non-altruistic organ …
The Rule Of Law And The Exploitation Of Children In Africa,
2019
UC Law SF
The Rule Of Law And The Exploitation Of Children In Africa, John Mukum Mbaku
UC Law SF International Law Review
The abuse and exploitation of children is a major public policy priority for all African countries. Throughout the continent, children are routinely abused and exploited as sex objects; tools in the production of various goods, including cocoa, gold, and various minerals, as well as, services, such as pornography and prostitution; and, as child soldiers to fight in sectarian conflicts and civil wars. Children in Africa are exploited and abused by both domestic and external or foreign actors and these include, but are not limited to, family members and community leaders, foreign tourists who seek the continent’s children for sex, and …
