Children Seek Refuge From Gang-Forced Recruitment: How Asylum Law Can Protect The Defenseless,
2016
Fordham University School of Law
Children Seek Refuge From Gang-Forced Recruitment: How Asylum Law Can Protect The Defenseless, Frank Paz
Fordham Urban Law Journal
No abstract provided.
Comparative Local Government Law In Motion: How Different Local Government Law Regimes Affect Global Cities' Bike Share Plans,
2016
Northwestern University School of Law
Comparative Local Government Law In Motion: How Different Local Government Law Regimes Affect Global Cities' Bike Share Plans, Daniel B. Rodriguez, Nadav Shoked
Fordham Urban Law Journal
No abstract provided.
Comparative Urban Governance For Lawyers,
2016
American University, Washington College of Law
Comparative Urban Governance For Lawyers, Fernanda G. Nicola, Sheila Foster
Fordham Urban Law Journal
No abstract provided.
Redefining The Rico Statute: Potential Avenues For Improvement,
2016
Liberty University
Redefining The Rico Statute: Potential Avenues For Improvement, David Scouten
Senior Honors Theses
The civil application of the Racketeering Influenced and Corrupt Organizations Act (RICO) has been misapplied by the lower courts, but the statute can be improved by incorporating elements that will make the statute a better tool for justice. It is evident from examining the procedural limitations of the statute and important case law that the securities fraud gap, terrorism financing, and difficulties for indirect victims are three critical subjects that need to be addressed by enhancing RICO. Flaws and shortcomings of the RICO statute have led to inconsistencies in court rulings. The expansive language of RICO can be limited to …
International Ramifications Of The Fishery Conservation And Management Act Of 1976,
2016
Florida State University
International Ramifications Of The Fishery Conservation And Management Act Of 1976, Donna R. Christie
Georgia Journal of International & Comparative Law
No abstract provided.
Comment,
2016
University of Georgia School of Law
Comment, Donald R. Andersen
Georgia Journal of International & Comparative Law
No abstract provided.
A Comparative Study Of Non-Compete Agreements For Trade Secret Protection In The United States And China,
2016
University of Washington School of Law
A Comparative Study Of Non-Compete Agreements For Trade Secret Protection In The United States And China, Hui Shangguan
Washington Journal of Law, Technology & Arts
Non-compete agreements are commonly used in both the United States and China, and are regarded as an important means for employers to prevent employees or rival companies from using valuable trade secrets for competitive purposes. Despite their popularity, however, the enforceability of non-competes in both countries can be difficult to determine. In the U.S., the level to which non-competes are fully enforced varies by jurisdiction. While some state courts apply a “rule of reason,” others, such as California, prohibit non-competes altogether. In contrast, Chinese courts tend to support non-competes. This Article provides a comparative perspective of non-competes in the U.S. …
Distinctive Identity Claims In Federal Systems: Judicial Policing Of Subnational Variance,
2016
University at Buffalo School of Law
Distinctive Identity Claims In Federal Systems: Judicial Policing Of Subnational Variance, Antoni Abat I Ninet, James A. Gardner
Journal Articles
It is characteristic of federal states that the scope of subnational power and autonomy are subjects of frequent dispute, and that disagreements over the reach of national and subnational power may be contested in a wide and diverse array of settings. Subnational units determined to challenge nationally-imposed limits on their power typically have at their disposal many tools with which to press against formal boundaries. Federal systems, moreover, frequently display a surprising degree of tolerance for subnational obstruction, disobedience, and other behaviors intended to expand subnational authority and influence, even over national objection. This tolerance, however, has limits. In this …
Translation, Codification, And Transplantation Of Foreign Laws In Taiwan,
2016
University of Washington School of Law
Translation, Codification, And Transplantation Of Foreign Laws In Taiwan, Tay-Sheng Wang
Washington International Law Journal
Taiwan is an excellent example for rethinking the significance of translation and codification of law in the process of transplantation of modern law in East Asian countries. Regardless of its strangeness to the general public, the translation of Western laws was always codified in Meiji Japan for the purpose of “receiving” modern law. Those Westernized Japanese legal codes also took effect in Taiwan during the later period of Japanese colonial rule, although Japanese colonialists initially applied Taiwanese customary law, created by Western legal terminology, to the Taiwanese to decrease their resistance to the new regime. Using foreign Japanese language to …
Don't Count Your Nest Eggs Before They Vest: A Lack Of Reform Could Leave A Generation Of Retiring Israelis Without A Future,
2016
University of Washington School of Law
Don't Count Your Nest Eggs Before They Vest: A Lack Of Reform Could Leave A Generation Of Retiring Israelis Without A Future, Tomer Vandsburger
Washington International Law Journal
Israel’s pension system has changed drastically since the mid-1990s, when it faced an underfunding crisis. The transition to defined contribution plans permitted a wider range of investments and shifted the burden of income-replacement from the government to the individual pension plan participant. This shift required increased protections for pension plans, which led to the creation of the Capital Market Insurance and Savings Division (CMISD) to oversee and regulate pension management entities. In comparison to post-Soviet nations that experienced similar transitions from socialist to market economies, Israel’s pension system is significantly healthier and more regulated. However, the CMISD must enact measures …
Identity Laws And Privacy Protection In A Modern State: The Legal History Concerning Personal Information In Taiwan (1895-2015),
2016
University of Washington School of Law
Identity Laws And Privacy Protection In A Modern State: The Legal History Concerning Personal Information In Taiwan (1895-2015), Yung-Hua Kuo, Po-Liang Chen
Washington International Law Journal
This article investigates the continuity and transformation of the personal identity and identification legal systems in Taiwan. From 1895 to 2015, Japan and subsequently the Republic of China (ROC) ruled Taiwan and transplanted different legal systems of personal information to Taiwan. This article analyzes how these systems were applied to and impacted Taiwanese society in three periods: the Japanese rule period (1895–1945), the period of strict control by the ROC government (1945–1992), and the rise and evolution of the privacy period (1993–2015). When Taiwan was ruled by the Qing Empire (1683–1895), there was no precise personal information database in Taiwan. …
Legal Analysis: Daesh Control Of Watercourses In Syria And Iraq,
2016
University of Washington School of Law
Legal Analysis: Daesh Control Of Watercourses In Syria And Iraq, Nadim Damluji
Washington International Law Journal
After years of turmoil, the volatile situation in Iraq and Syria erupted into chaos, setting the stage for the rise of Daesh. Under the leadership of Abu Bakr al-Baghdadi since 2013, Daesh has successfully gained control of territory and influence throughout vast regions of Iraq and Syria to create a new religious caliphate. In the water-scarce region, Daesh has executed a plan to capture the most precious resource available: water. The critical threat Daesh poses to watercourse installations along the Tigris and Euphrates in Syria and Iraq poses a pressing challenge to water security in the Middle East. How might …
Problem Gambling: How Japan Could Actually Become The Next Las Vegas,
2016
University of Nevada, Las Vegas -- William S. Boyd School of Law
Problem Gambling: How Japan Could Actually Become The Next Las Vegas, Jennifer Roberts, Ted Johnson
UNLV Gaming Law Journal
No abstract provided.
Chinese Reception And Transplantation Of Western Contract Law,
2016
University of Florida Levin College of Law
Chinese Reception And Transplantation Of Western Contract Law, Wang Jingen, Larry A. Dimatteo
UF Law Faculty Publications
The transformation of the People's Republic of China (China) into a market economy and its ascendancy into a global economic power increases the importance of studying its private laws (contract, torts, property, and unjust enrichment). The twin pillars of a market economy are private property and contract law. This Article will focus on the latter of the two pillars. The evolution of Chinese contract law provides an opportunity to study the influences of foreign laws and the formal transplantation of foreign and international law into a different cultural and legal tradition. China's formation of private contract law, beginning in the …
Large-Scale Land Acquisitions And Applying A Gender Lens To Supply Chain Reform,
2016
University of Washington School of Law
Large-Scale Land Acquisitions And Applying A Gender Lens To Supply Chain Reform, Mina Manuchehri
Washington International Law Journal
In recent years, multinational corporations, in particular food and beverage companies, have committed to “zero tolerance for land grabs” throughout their supply chains. To achieve this end, companies have also committed to international legal norms, including Free, Prior, and Informed Consent (FPIC) and the United Nations Guiding Principles on Business and Human Rights (UNGPs). Although these commitments were unprecedented, no company explicitly requires the consideration of women’s use of and rights to land when remedying land grabs or acquiring land. To guarantee that women are included and consulted throughout land acquisition processes, companies should explicitly require the application of a …
We Don't Come From A Land Down Under: How Adopting Australia's Gun Laws Would Violate The Second Amendment Of The U.S. Constitution,
2016
Benjamin N. Cardozo School of Law
We Don't Come From A Land Down Under: How Adopting Australia's Gun Laws Would Violate The Second Amendment Of The U.S. Constitution, Jonathan Weg
Cardozo Journal of International and Comparative Law
The note examines the legal and policy implications of adopting Australia's strict gun laws in the United States, arguing that such measures would likely violate the Second Amendment, which guarantees the right to bear arms. While Australia's National Firearms Agreement (NFA) has successfully reduced gun violence, the U.S. constitutional framework, particularly the Second Amendment, poses significant legal barriers to replicating similar laws. The analysis highlights the cultural and legal differences between the two countries, emphasizing that compulsory gun buybacks and restrictions on firearms for self-defense would face constitutional challenges in the U.S.
Inverse Logic: The Shortcomings Of Preventing Corporate Tax Inversion Through Amending Section 7874,
2016
Benjamin N. Cardozo School of Law
Inverse Logic: The Shortcomings Of Preventing Corporate Tax Inversion Through Amending Section 7874, Kathy Wong
Cardozo Public Law, Policy & Ethics Journal
No abstract provided.
On Black South Africans, Black Americans, And Black West Indians: Some Thoughts On We Want What’S Ours,
2016
The George Washington University Law School
On Black South Africans, Black Americans, And Black West Indians: Some Thoughts On We Want What’S Ours, Eleanor Marie Lawrence Brown
Michigan Law Review
Most modern constitutions have eminent domain provisions that mandate just compensation for forced deprivations of land and require such deprivations to be for a public use or public purpose. The Takings Clause is a classic example of such a provision. The takings literature is essentially focused on outlining the outer boundaries within which the state can take property from an owner. But there are other takings that have been deemed “extraordinary”; in such circumstances, the state takes away property without just compensation and simultaneously makes a point about a person or a group’s standing in the community of citizens.
The Politics Of Comparative Constitutional Inquiry: At The Crossroads Of Law, Political Science, And Ideology,
2016
Benjamin N. Cardozo School of Law
The Politics Of Comparative Constitutional Inquiry: At The Crossroads Of Law, Political Science, And Ideology, Michel Rosenfeld
Articles
No abstract provided.
Birthright Citizenship On Trial: Elk V. Wilkins And United States V. Wong Kim Ark,
2016
University of Connecticut School of Law
Birthright Citizenship On Trial: Elk V. Wilkins And United States V. Wong Kim Ark, Bethany R. Berger
Cardozo Law Review
In the summer of 2015, the majority of Republican candidates for president announced their opposition to birthright citizenship. The constitutional dimensions of that right revolve around two cases decided at the end of the nineteenth century, Elk v. Wilkins (1884) and United States v. Wong Kim Ark (1898). The first held that an American Indian man born in the United States was not a citizen under the Fourteenth Amendment; the second, that a Chinese American man born in the United States was indeed a citizen under the amendment. This Article juxtaposes the history of these decisions. By showing the distinctive …
