Medical Assistance In Dying: Lessons For Australia From Canada,
2017
Dalhousie University - Schulich School of Law
Medical Assistance In Dying: Lessons For Australia From Canada, Jocelyn Downie
Articles, Book Chapters, & Popular Press
Canada has recently witnessed dramatic changes in end-of-life law and policy. Most notably, we have moved from a prohibitive to a permissive regime with respect to medical assistance in dying (MAiD). As a number of Australian states are actively engaged in debates about whether to decriminalise MAiD, it is worth reviewing the Canadian experience and drawing out any lessons that might usefully inform the current processes in Australia.
A Realist Systematic Review Of Cross-Sector Collaboration Implementation In Developing Countries & Mediation As A Useful Instrument,
2017
Pepperdine University
A Realist Systematic Review Of Cross-Sector Collaboration Implementation In Developing Countries & Mediation As A Useful Instrument, Jessica Kritz
Pepperdine Dispute Resolution Law Journal
This review will provide a realistic systematic review to synthesize evidence on successful cross-sector collaboration implementation in developing (low and middle income) countries. More specifically, this review will explicitly consider interactions between strategy, context, and mechanisms to provide an indication as to how cross-sector collaboration governance helps some cross-sector collaboration succeed, grow, and become sustainable. This paper will also present mediation as potentially a useful mechanism to implement cross-sector collaboration implementation in developing countries.
Post-Trial Judicial Review Of Criminal Convictions: A Comparative Study Of The United States And Finland,
2017
University of Maine School of Law
Post-Trial Judicial Review Of Criminal Convictions: A Comparative Study Of The United States And Finland, Christopher M. Johnson
Maine Law Review
In 2011, two murder cases involving defendants who professed their innocence came to dramatic conclusions in appellate courts. In Finland in August 2011, the murder prosecution of Anneli Auer ended with her acquittal by an appellate court. In the United States in September 2011, the murder prosecution of Troy Davis ended in his execution in Georgia’s death chamber, despite exculpatory information developed after his trial about the reliability of some eyewitnesses identification evidence. The Finish case arose out if the December 2006 death if Jukka Lahti in Ulvila. His wife, Auer, called the police and claimed that an intruder entered …
Law In Books And Law In Action: The Problem Of Legal Change,
2017
University of Maine School of Law
Law In Books And Law In Action: The Problem Of Legal Change, Jean-Louis Halperin
Maine Law Review
One hundred years ago, Roscoe Pound wrote his famous article, “Law in Books and Law in Action.” Considered an important step toward American legal realism, today this article is invoked more for its title than its content. I would argue that in the article, Pound did not clearly distinguish between two separate situations: (1) the departure of decisions of courts from statements of statutory (or constitutional) law, and (2) the discrepancy between doctrine in books and empirical data about law. This second observation has fed various strands of jurisprudence, if often only through the repetition of the well-quoted formula. It …
Environmental Restorative Justice,
2017
Pepperdine University
Environmental Restorative Justice, Aiden Stark
Pepperdine Dispute Resolution Law Journal
Section I briefly introduces this article. Section II discusses the gravity of environmental crimes. Section III highlights the history of environmental criminal prosecution. Section IV explains how environmental crimes are currently prosecuted. Section V demonstrates how restorative justice procedures work. Section VI critiques the only previous analysis applying restorative justice to environmental crimes in the United States. Section Vll walks through Australian Justice Preston's analysis, which provides a proper foundation for applying restorative justice to environmental crimes. Section VIII applies Justice Preston's framework to criminal procedures in the United States. Section IX discusses criticisms that will be raised by bringing …
Public Policy Exception In Enforcement Of Foreign Judgments: Setting Aside An Award In The Country Of The Seat Of Arbitration,
2017
Pepperdine University
Public Policy Exception In Enforcement Of Foreign Judgments: Setting Aside An Award In The Country Of The Seat Of Arbitration, Amir Seyedfarshi
Pepperdine Dispute Resolution Law Journal
American courts may enforce and recognize international commercial arbitral awards pursuant to the New York Convention. An arbitral award can be subject of scrutiny before the courts of the country of the seat of arbitration and courts of the seat of arbitration may annul an award. Once an award is annulled, the question is whether a decision to annul an award renders it void, or a court outside of the seat of arbitration may refuse to enforce the judgment annulling the award and enforce the award. Courts may treat the judgment annulling an award as a judgment for the purpose …
Is There A Place For Islam In The West? Adjudicating The Muslim Headscarf In Europe And The United States,
2017
University of Padua, Italy
Is There A Place For Islam In The West? Adjudicating The Muslim Headscarf In Europe And The United States, Andrea Pin
Notre Dame Law Review Reflection
Part I of this short Article explains the relevance of the Micropole and Achbita decisions; Part II explores the common line of reasoning behind them; and, finally, the conclusion analyzes their impact within the European scenario of religious freedom—especially for Muslims—and contrasts them with the United States’ approach to the topic.
Governance Challenges Of Listed State- Owned Enterprises Around The World: National Experiences And A Framework For Reform,
2017
Columbia Law School
Governance Challenges Of Listed State- Owned Enterprises Around The World: National Experiences And A Framework For Reform, Curtis J. Milhaupt, Mariana Pargendler
Cornell International Law Journal
Despite predictions of their demise in the aftermath of the collapse of socialist economies in Eastern Europe, state-owned enterprises (SOEs) are very much alive in the global economy. The relevance of listed SOEs— firms subject to government ownership, but with a portion of their shares traded on public stock markets— has persisted and even increased around the world, as policymakers have encouraged the partial floating of SOE shares either as a first step toward, or as an alternative to, privatization. In this Article, we evaluate the governance challenges associated with mixed ownership of enterprise, and examine a variety of national …
Ip Enforcement Under The Tpp: Civil And Administrative Procedures And Remedies, Provisional Measures In Tpp (Articles, 18.71-18.76),
2017
University of Miami School of Law
Ip Enforcement Under The Tpp: Civil And Administrative Procedures And Remedies, Provisional Measures In Tpp (Articles, 18.71-18.76), J. Janewa Osei-Tutu
Articles
No abstract provided.
Do We Need A Global Commercial Code?,
2017
Penn State Dickinson Law
Do We Need A Global Commercial Code?, Michael Joachim Bonell
Dickinson Law Review (2017-Present)
The International Institute for the Unification of Private Law (UNIDROIT) first launched the idea of preparing a code of inter- national trade law. In 1970, the Secretariat of UNIDROIT submitted a note to the newly established United Nations Commission on International Trade Law (UNCITRAL) in justification of such an initiative and indicated some of the salient features of the project. What was proposed was a veritable code in the continental sense. The proposed code included two parts: part one dealing with the law of obligations generally, and part two relating to specific kinds of commercial transactions. However, the “Progressive codification …
Masthead, Cardozo International & Comparative Law Review, Vol. 1 (2017-18),
2017
Yeshiva University, Cardozo School of Law
Masthead, Cardozo International & Comparative Law Review, Vol. 1 (2017-18)
Cardozo International & Comparative Law Review
No abstract provided.
Borders Not Walls, Brothers Not Others: Choosing Integration Over Losers And Winners,
2017
Yeshiva University, Cardozo School of Law
Borders Not Walls, Brothers Not Others: Choosing Integration Over Losers And Winners, Catherine M. A. Mccauliff
Cardozo International & Comparative Law Review
The article argues that the European Union (EU) faces significant challenges to its cohesion and values, including rising populism, corruption, and economic inequality. It posits that the EU’s future depends on leaders embracing the founding principles of unity, solidarity, and human rights, as envisioned by figures like Robert Schuman. The analysis emphasizes the need for commitment to these values to counteract forces of disintegration and ensure prosperity, peace, and justice for all members.
The Penal Construction Of Drug-Related Offenses In The Context Of "Asian Values" - The Rise Of Puntitive Anti-Drug Campaigns In Asia,
2017
Chinese University of Hong Kong
The Penal Construction Of Drug-Related Offenses In The Context Of "Asian Values" - The Rise Of Puntitive Anti-Drug Campaigns In Asia, Michelle Miao
Cardozo International & Comparative Law Review
This article examines the penal construction of drug-related offenses as "the most serious offenses" in the context of "Asian values ". It explains that there are at least three ways in which the serious nature of drug-related criminality is constructed - populism, moral culpability and security - all of which are deeply embedded in the political culture and practices in Asian countries which adopt a punitive approach to drug-related offenses. The article explores social and political discourses in support of state reliance on harsh penal sanctions to tackle complex drug-related problems. It shows that these discourses are frequently exploited and …
Table Of Contents, Cardozo International & Comparative Law Review, Vol. 1, Iss. 1,
2017
Yeshiva University, Cardozo School of Law
Table Of Contents, Cardozo International & Comparative Law Review, Vol. 1, Iss. 1
Cardozo International & Comparative Law Review
No abstract provided.
The Search For Third Options In A Two-Bathroom Society,
2017
Benjamin N. Cardozo School of Law
The Search For Third Options In A Two-Bathroom Society, Sharon R. Cruz
Cardozo International & Comparative Law Review
The note examines the systemic discrimination faced by transgender individuals, particularly in access to bathrooms and prison housing, arguing that such treatment reflects broader societal and legal failures to recognize and protect gender identity. It critiques binary policies that perpetuate harm and advocates for inclusive measures to ensure equal rights and safety. The analysis underscores the legal system's evolving understanding of gender identity and the urgent need for enforceable protections.
A Legal Approach To Combating Terrorist Organization Funding Through The Counterfeit Market,
2017
Benjamin N. Cardozo School of Law
A Legal Approach To Combating Terrorist Organization Funding Through The Counterfeit Market, Amanda Kusnierz
Cardozo International & Comparative Law Review
The note argues that counterfeiting has become a critical funding mechanism for terrorist organizations, particularly radical Islamic jihadist groups, due to its profitability and relative anonymity. Current legal frameworks, such as the Anti-Counterfeiting Trade Agreement (ACTA) and material support laws like section 2339B of the USA PATRIOT Act, are insufficient to address this threat effectively. The analysis highlights the need for stricter penalties, increased consumer awareness, and international cooperation to disrupt the financial networks supporting terrorism through counterfeiting.
Frauds & Flakes: An Insight Into The World Of Doping In American Professional Sports And What Congress Can Do To Fix It,
2017
Benjamin N. Cardozo School of Law
Frauds & Flakes: An Insight Into The World Of Doping In American Professional Sports And What Congress Can Do To Fix It, Ruth Buchbinder
Cardozo International & Comparative Law Review
The note argues that the use of Collective Bargaining Agreements (CBAs) to enforce antidoping policies in professional sports is inherently flawed due to the time-consuming negotiation process and conflicting priorities between leagues and players associations. It highlights the need for independent organizations like the US Anti-Doping Agency (USADA) to address doping issues more effectively. The note also emphasizes the challenges posed by legal rulings, such as Williams v. National Football League, which undermine the enforceability of CBA provisions, and calls for federal intervention to establish uniform standards and criminal penalties for performance-enhancing drug (PED) use.
Guantanamo Bay - Why Would The United States Ever Actually Prosecute?,
2017
Benjamin N. Cardozo School of Law
Guantanamo Bay - Why Would The United States Ever Actually Prosecute?, Benjamin Wine
Cardozo International & Comparative Law Review
The note examines the legal and ethical dilemmas surrounding the detention of individuals at Guantanamo Bay, focusing on the U.S. government's reluctance to prosecute many detainees despite their prolonged detention. It argues that the indefinite detention, often without formal charges, and the use of controversial interrogation methods violate both domestic and international laws. The analysis highlights the lack of recognition of Guantanamo Bay as a competent tribunal by other nations and explores potential solutions to address these issues.
China's 'Corporatization Without Privatization' And The Late 19th Century Roots Of A Stubborn Path Dependency,
2017
University of Michigan Law School
China's 'Corporatization Without Privatization' And The Late 19th Century Roots Of A Stubborn Path Dependency, Nicholas Howson
Articles
This Article analyzes the contemporary program of “corporatization without privatization” in the People's Republic of China (PRC) directed at China's traditional state-owned enterprises (SOEs) through a consideration of long ago precursor enterprise establishments--starting from the last Chinese imperial dynasty's creation of “government-promoted/-supervised, merchant-financed/-operated” (guandu shangban) firms in the latter part of the nineteenth century. While analysts are tempted to see the PRC corporations with listings on international exchanges that dominate the global economy and capital markets as expressions of “convergence,” this Article argues that such firms in fact show deeply embedded aspects of path dependency unique to the Chinese context …
Perbandingan Pengaturan Mengenai Perlindungan Hukum Terhadap Invensi Di Bidang Teknologi Informasi Dan Komunikasi Antara Indonesia Dengan Jepang,
2017
Faculty of Law Universitas Singaperbangsa
Perbandingan Pengaturan Mengenai Perlindungan Hukum Terhadap Invensi Di Bidang Teknologi Informasi Dan Komunikasi Antara Indonesia Dengan Jepang, Abdul Atsar
Jurnal Hukum & Pembangunan
This paper discusses the comparison between legal protection arrangements of invention in the field of Information and Communication Technology (ICT) in this case is software (software) especially patent. Japanese Patent Law explicitly regulates software (software) as a patentable subject. Whereas Law no. 28 Year 2014 on Copyright stipulates that the software can still be protected if Patent protection already exists from the country of origin. Using a comparative study of this paper can be one of the reference in legal protection to answer the rapid development of information and communication technology.
