Comparative and Foreign Law Commons^™

Confrontando La Superpoblacion Carcelaria En America Latina: Analisis Comparativo De Los Precursores Necesarios Para Reformar, Cindy S. Woods

ILSA Journal of International & Comparative Law

Las prisiones a lo largo de America Latina estan notablemente abarrotadas, carecen del financiamiento necesario, asi como de la seguridad interna adecuada.

Guilty Until Proven Innocent: A Comparative Analysis Of Organized Crime Laws In The United States, Italy, Japan, And Ecudor, Christina M. Strompf

ILSA Journal of International & Comparative Law

“[T]he ‘relative power’ of criminal networks will continue to rise, and some countries could even be taken over and run by these networks.”1 The Federal Bureau of Investigation (FBI) defines “organized crime” as “any group having some manner of formalized structure and whose primary objective is to obtain money through illegal activities.

International Court Of Justice

ILSA Journal of International & Comparative Law

The Hague, 1 September 2015

On behalf of the State of Amestonia and the Federal Republic of Riesland, in accordance with Article 40(1) of the Statute of the International Court of Justice, we have the honor to transmit to you an original of the Special Agreement for submission to the International Court of Justice of the differences between the Applicant and the Respondent concerning the Frost files, signed in The Hague, The Netherlands, on the first day of September in the year two thousand fifteen.

Isis's Crimes Against Humanity And The Assyrian People: Religious Totalitarianism And The Protection Of Fundamental Human Rights, Yuri Mantilla Ph.D, Ll.M., Ll.B.

ILSA Journal of International & Comparative Law

Despite great technological progress, increasing free trade, instant access to international communications, and other positive aspects of globalization, the world is still characterized by systematic and widespread violations of human dignity.

La Validez Formal De Las Dispisciones Mortis Causa En El Reglamento 650/2012 (Ue): Una Lectura Desde El Derecho Espanol, Dra. Lidia Arnau Raventos

ILSA Journal of International & Comparative Law

La finalidad del comentario que sique es abordar la cuestion relativa a la ley aplicable a la validez formal de una disposicion mortis causa al amparo del Reglamento 650/2012

Glass Ceiling For Female Professionals, Executives, And Managerial Employees In Japan: 30th Anniversary Of The Eeao And Prime Minister Abe's "Womenomics", Setsuo Miyazawa

UC Law SF International Law Review

No abstract provided.

Foreign Assistance Complicity, Alexander K.A. Greenawalt

Elisabeth Haub School of Law Faculty Publications

When does a government’s provision of assistance to foreign armed groups cross the line from legitimate foreign policy to criminal aiding and abetting of those who use the aid to commit atrocities? The question presents one of the most difficult dilemmas in criminal justice, one that has deep normative implications and has provoked sharp splits among the U.S. federal courts and international tribunals that have faced it.

In 2013, the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY) sent shockwaves through international legal circles when it acquitted former Yugoslav Army chief Momčilo Perišić of aiding and …

Transparency And Comparative Executive Clemency: Global Lessons For Pardon Reform In The United States, Andrew Novak

University of Michigan Journal of Law Reform

This Article argues for transparency in the clemency process and contends that the concept of clemency as a benign sovereign’s “act of grace” is no longer appropriate in the modern world where executive action is subordinate to principles of constitutional due process and administrative equity. Despite calls for federal clemency reform in the United States, little comparative research examines clemency elsewhere in the common law world. This Article compares common law countries’ constitutional clemency mechanisms designed to promote openness, public and victim participation, and rational decision-making. In addition, this Article proposes four reforms to the U.S. pardon system that other …

Prosecuting Rape Victims While Rapists Run Free: The Consequences Of Police Failure To Investigate Sex Crimes In Britain And The United States, Lisa Avalos

Michigan Journal of Gender & Law

Imagine that a close friend is raped, and you encourage her to report it to the police. At first, she thinks that the police are taking her report seriously, but the investigation does not seem to move forward. The next thing she knows, they accuse her of lying and ultimately file charges against her. You and your friend are in shock; this outcome never entered your minds. This nightmare may seem inconceivable, but it has in fact occurred repeatedly in both the United States and Britain—countries that are typically lauded for their high levels of gender equality. In Britain, where …

Water Law Reform In The Face Of Climate Change: Learning From Drought In Australia And The Western United States, Barbara Cosens

Articles

Western societies have developed three approaches to governance of common pool resources such as water: 1) The division of the resource into private property; (2) government regulation; and 3) local self-organization. This article asserts that all three are needed in varying combinations to rise to the challenge presented by the impact of climate change on water supply and demand. Drought presents a preview of potential future climate scenarios and Australia and the western United States are both responding to its harshness through innovation in water governance. These experiments present an opportunity to compare the approaches of Australia and the western …

Forging Path For Women's Rights In Customary Law, Tamar Ezer

Articles

No abstract provided.

Financial Stability, Financial Services, And The Single Market, Caroline Bradley

Articles

No abstract provided.

La Justicia, La Verdad Y La Prueba: No Tan Simple, Después De Todo, Susan Haack

Books and Book Chapters

Este libro es una compilación de los trabajos que se presentaron en el Congreso Homenaje a Michele Taruffo los días 23 y 24 de enero de 2015 en Girona, organizado por la Cátedra de Cultura Jurídica de la Universidad de Girona. Los artículos están organizados en tres apartados que describen las principales líneas temáticas de nuestro homenajeado: derecho comparado, precedentes y prueba. El lector encontrará en cada uno de los trabajos un análisis crítico de las principales ideas sostenidas por Michele Taruffo en sus obras y también la respuesta de este a las distintas observaciones presentadas a debate.

The Conflicts Restatement And The World, Ralf Michaels

Faculty Scholarship

No abstract provided.

Comparative Law And Private International Law, Ralf Michaels

Faculty Scholarship

No abstract provided.

Jurisdiction, Foundations, Ralf Michaels

Faculty Scholarship

No abstract provided.

Dealing With Illegal Housing: What Can New York City Learn From Shenzhen?, Shitong Qiao

Faculty Scholarship

In New York City, owners violated zoning regulations and opened up their basements, garages, and other floors to rent to people (particularly low-income immigrants) priced out of the formal market. The more than 100,000 illegal dwelling units in New York City (NYC) were referred to as “granny units,” “illegal twos or threes,” or “accessory units.” Due to the safety and habitability considerations of “alter[ing] or modif[ying] of an existing building to create an additional housing unit without first obtaining approval from the New York City Department of Buildings (DOB),” the City government devoted a lot of resources to detecting and …

Presidential War Powers As A Two-Level Dynamic: International Law, Domestic Law, And Practice-Based Legal Change, Curtis A. Bradley, Jean Galbraith

Faculty Scholarship

There is a rich literature on the circumstances under which the United Nations Charter or specific Security Council resolutions authorize nations to use force abroad, and there is a rich literature on the circumstances under which the U.S. Constitution and statutory law allows the President to use force abroad. These are largely separate areas of scholarship, addressing what are generally perceived to be two distinct levels of legal doctrine. This Article, by contrast, considers these two levels of doctrine together as they relate to the United States. In doing so, it makes three main contributions. First, it demonstrates striking parallels …

The European Union: A Comparative Perspective, Ernest A. Young

Faculty Scholarship

This chapter, to be included in the Oxford Principles of EU Law volume, compares the federalisms of Europe and the United States. It argues that Europe can be sensibly viewed from both federal and intergovernmental perspectives, and that particular aspects of the European Union’s structure fit each model. In particular, the EU is federal—that is, integrated to a comparable degree to the U.S.—with respect to its distribution of competences and the sovereignty attributed to EU law and institutions. But it is intergovernmental—that is, it preserves a center of gravity within the individual member states—with respect to the allocation of governmental …

Cultural Paradigms In Property Institutions, Taisu Zhang

Faculty Scholarship

Do “cultural factors” substantively influence the creation and evolution of property institutions? For the past several decades, few legal scholars have answered affirmatively. Those inclined towards a law and economics methodology tend to see property institutions as the outcome of self-interested and utilitarian bargaining, and therefore often question the analytical usefulness of “culture.” The major emerging alternative, a progressive literature that emphasizes the social embeddedness of property institutions and individuals, is theoretically more accommodating of cultural analysis but has done very little of it.

This Article develops a “cultural” theory of how property institutions are created and demonstrates that such …