Comparative and Foreign Law Commons^™

Bridging Rule Of Law Theory And Implementation: The Role Of Professional Ethical Integrity, Kate E. Bloch

UC Law SF International Law Review

No abstract provided.

Cross-Cultural Challenges, Consensus, And Opportunities For Advancing The Professional Ethical Integrity Of Legal System Actors, Rory K. Little

UC Law SF International Law Review

No abstract provided.

Reflections On Ethical Integrity: Challenges To The Rule Of Law Facing The Haitian Legal Profession, Jomanas Eustache

UC Law SF International Law Review

No abstract provided.

Introduction: Global Human Rights Law And The Boundaries Of Statehood, Daniel Augenstein, Hans Lindahl

Indiana Journal of Global Legal Studies

The contributions collected in this Special Issue are the outcome of a colloquium on "Global Human Rights Law and the Boundaries of Statehood" held at the Stellenbosch Institute for Advanced Study (STIAS) in South Africa in March 2015. The colloquium is the first in a series of topics to be addressed within the STIAS research project, "Boundaries and Legal Authority in a Global Context," coordinated by Hans Lindahl and Louise du Toit. We would like to express our gratitude to STIAS for the funding and logistics of the colloquium. Our particular thanks are due to the director of STIAS, Hendrik …

External Forces, Internal Dynamics: Foreign Legal Actors And Their Impact On Domestic Affairs (Book Review), Jayanth K. Krishnan, Vitor M. Dias, Martin Hevia

Articles by Maurer Faculty

This Review examines the influence of foreign legal actors on jurisdictions that are not their own. Rachel Stern, a scholar of China, reflects on this point in her groundbreaking book published in 2013. In her penultimate chapter, Stern discusses how such foreign legal actors wield influence in China because of their presence on the ground. Building off of Stern's research, this Review proceeds to ask whether foreign legal actors can influence a domestic environment when that environment prohibits them from permanently working there. The analysis below will suggest so, arguing that the forces of globalization can enable foreign legal …

Fractured Territories And Abstracted Terrains: Human Rights Governance Regimes Within And Beyond The State, Larry Catá Backer

Indiana Journal of Global Legal Studies

The problem of representation has become a central element for the development of human rights norms, not just within international organizations, but within states as well. The problem has been made acute by two significant changes in the organization of power that became visible after the 1950s. On one hand, the idea of the individual became more abstract. Mass democracy became symptomatic of a general trend toward the dissolution of the individual within a mass population, which was incarnated as the aggregation of its group characteristics, its statistics, and data. On the other hand, states were becoming less solid; the …

Statehood, Power, And The New Face Of Consent, Sheldon Leader

Indiana Journal of Global Legal Studies

Individuals and groups are often subjected to power, both public and private, by eliciting their consent. Debate usually focuses on whether or not that consent is freely given or is vitiated by imbalances of strength between the bargaining parties. This essay focuses on a different issue, one that is largely passed over in legal and moral analyses: how far does and should consent bind one to accepting in advance changes in the future? There are signs of a fundamental shift in answering this question-a shift that particularly concerns the control of power in the economy. Industrial democracies may be abandoning …

Global Insecurity: How Risk Theory Gave Rise To Global Police Militarization, Nicholas S. Bolduc

Indiana Journal of Global Legal Studies

Today, across the globe, police agencies are militarizing to confront modern-day threats. This gradual shift towards militarized policing stems from the concept of risk-risk has driven nations to amend their laws so that their law enforcement agencies may militarize to meet whatever risk they face. In the United States, the gradual shift towards militarized police occurred after the crippling of the Posse Comitatus Act in the face of the developing 'War on Drugs" However, America is a late development in this trend; the majority of the Western world militarized themselves through the concept of 'gendarmes", while the Chinese militarized their …

One Pillar: Legal Authority And A Social License To Operate In A Global Context, Hans Lindahl

Indiana Journal of Global Legal Studies

The claim that businesses have a social license to operate acquires concrete form in the second pillar of the U.N. Guiding Principles on Business and Human Rights (UNGPs) in the fundamental distinction between "compliance with all applicable laws" and "respect for human rights." The aim of this paper is to critically examine the presuppositions that undergird this distinction and to explain how and why moving beyond state-centered thinking about law, in response to violations of human rights by globally operating businesses, requires acknowledging that there is one pillar that embraces states and businesses: the legal obligation to comply with international …

The Race To Safety: How Private Lawmaking And Voluntary-Standard Adoption Can Inspire A Global Regime That Strengthens And Harmonizes Product Safety Standards, Alexandra Muir

Indiana Journal of Global Legal Studies

Today's economy is dominated by global actors. Over the past few decades, transnational corporations have increased in number and importance while domestic corporations have turned to outsourcing to cut costs and increase efficiency. The globalized economy has caused a breakdown in both physical and legal boundaries, as products in international commerce move from one jurisdiction to another, often adhering to safety standards of an entirely different jurisdiction than the one in which they are sold. This breakdown raises concerns about product safety and illustrates the importance of creating a consistent products liability regime for the international market. At the same …

Hydropower Development And Involuntary Displacement: Toward A Global Solution, Ali Vancleef

Indiana Journal of Global Legal Studies

This Note addresses the effects of hydropower development projects on displaced persons globally. This Note recognizes that the increasing global energy demand puts great strain on nations to provide their people with electricity, but it also suggests that sustainable energy development projects can be carried out in a way that is fair to the indigenous populations surrounding hydropower dams. The current global trend in involuntary displacement involves ignoring certain groups of affected persons while undercompensating directly displaced persons, leading to homelessness, social stigmatization, and extreme poverty for millions of people worldwide. Thus far, there has been no sufficient global solution …

A World Elsewhere: Secession, Subsidiarity, And Self-Determination As European Values, Timothy W. Waters

Articles by Maurer Faculty

No abstract provided.

Poverty In The Human Rights Jurisprudence Of The Nigerian Appellate Courts (1999-2011), Obiora C. Okafor, Basil E. Ugochukwu

Articles & Book Chapters

The major objective of this article is to examine the extent to which the human rights jurisprudence of the Nigerian appellate courts has been sensitive and/or receptive to the socio-economic and political claims of Nigeria’s large population of the poor and marginalized. In particular, the article considers: the extent to which Nigerian human rights jurisprudence has either facilitated or hindered the efforts of the poor to ameliorate their own poverty; the kinds of conceptual apparatuses and analyses utilized by the Nigerian courts in examining the issues brought before it that concerned the specific conditions of the poor; and the key …

The Behavioral Economic Case For Paternalistic Workplace Retirement Plans, Paul M. Secunda

Indiana Law Journal

Dependence on 401(k) retirement accounts continues to cause a massive retirement crisis in the United States by leaving most workers unprepared for retirement. The voluntary, inaccessible, employer-centered, expensive, and consumer-driven natures of these plans have combined to make retirement a type of corporate-inspired elder abuse in America.

Behavioral economics considers the utility of permitting individual choice in decision-making settings. Many, however, have been misled to believe that greater choice is always better. Yet, according to one prominent commentator, this consumer-driven paradigm will lead to 48% of current workers between the ages of fifty and sixty-four being poor when they reach …

To Whom It May Concern: International Human Rights Law And Global Public Goods, Daniel Augenstein

Indiana Journal of Global Legal Studies

Public goods and human rights are sometimes treated as intimately related, if not interchangeable, strategies to address matters of common global concern. The aim of the present contribution is to disentangle the two notions to shed some critical light on their respective potential to attend to contemporary problems of globalization. I distinguish the standard economic approach to public goods as a supposedly value-neutral technique to coordinate economic activity between states and markets from a political conception of human rights law that empowers individuals to partake in the definition of the public good. On this basis, I contend that framing global …

The Egyptian Coup, The United States, And A Call To Strengthen The Rule Of Law And Diplomacy Rather Than Military Counter-Terrorism, Thomas Mcdonnell

Elisabeth Haub School of Law Faculty Publications

This article examines from a legal and historical perspective (a) the United States’ implicit ratification of the Egyptian military’s overthrow of the first fairly and freely elected Egyptian president and (b) how the perceived U.S. support for the coup contributes to Islamic terrorism.

To guarantee that oil has been readily available (and during the Cold War to prevent the spread of communism), the U.S. has supported secular, authoritarian regimes in the Islamic world, including the House of Saud in Saudi Arabia, the Shah of Iran, Hosni Mubarak in Egypt, and, initially, Saddam Hussein in Iraq, not to mention autocratic leaders …

Firmly Grasping The Knife: An Investigation Of The Asymmetric Application Of Chinese Antitrust Law As A Protectionist Tool, Jillian Bray

Cardozo Journal of International and Comparative Law

The note argues that China's Antimonopoly Law (AML), while modeled after Western antitrust laws, is often applied in a protectionist manner, disproportionately targeting foreign companies to shield domestic industries and state-owned enterprises. This selective enforcement contrasts with the U.S. antitrust system, which prioritizes fair competition and consumer welfare. The note advocates for aligning AML enforcement with international standards to promote a level playing field and foster long-term economic growth.

On The Uneven Journey To Constitutional Redemption: The Malaysian Judiciary And Constitutional Politics, Yvonne Tew

Georgetown Law Faculty Publications and Other Works

This article explores the Malaysian judiciary’s approach toward interpreting the Federal Constitution of Malaysia and situates it within the context of the nation’s political and constitutional history. It traces the judiciary’s tentative movement toward a more rights-oriented approach followed by its more recent retreat in several appellate court decisions. This article argues that the Malaysian courts’ journey toward constitutional redemption has been uneven so far. In order to reclaim its constitutional position as a co-equal branch of government, the Malaysian judiciary must exhibit greater willingness to assert its commitment to constitutional supremacy and the rule of law.

Modernizing Pakistan's Blasphemy Law As Hate Speech, Farhan Raouf

LLM Theses

It is difficult to define blasphemy. What is regarded as blasphemous will depend on the values prevalent in a given society. In general, it includes denigrating and insulting expressions targeted toward God and other aspects of religion. My thesis is that blasphemy, to the extent it should be dealt with by the law, should be regarded a sub-category of hate speech. The law should concern itself only with those aspects of blasphemy which incite hatred against a group which is identifiable on the basis of religion. More specifically, I argue that Pakistan should repeal its blasphemy law (s. 295-c Penal …

Bank Frauds And Tracking The Hidden Assets, Albert F. Tellechea, Michael J. Cortes

Florida A & M University Law Review

Each year banks are the targets of insider and outsider fraudulent activity. Borrowers overstate their assets and holdings in order to obtain loans for which they would never otherwise qualify. Employees embezzle, steal, or conspire with crooked clients for a kickback, and billions are lost. Law enforcement agencies around the world are reporting increased instances of corporate, mortgage, and bank fraud. For example, the United States Federal Bureau of Investigations ("FBI") in its FY2007 Financial Crimes Report states that its corporate fraud cases doubled from five years earlier. Through FY2007, U.S. Grand Juries returned 183 indictments resulting in 173 convictions. …