Comparative and Foreign Law Commons^™

In Personam (Criminal) Forfeiture And Federal Drug Felonies: An Expansion Of A Harsh English Tradition Into A Modern Dilemma, William J. Hughes, Edward H. O'Connell Jr.

Pepperdine Law Review

No abstract provided.

Classifying Constitutions: Preliminary Conceptual Analysis, Pasquale Pasquino

Cardozo Law Review

No abstract provided.

Mexico's Maquiladoras Examined: Are In-Bond Production Plants The Wave Of The Future?, Norman R. Gritsch

Pepperdine Law Review

No abstract provided.

Privacy Laws And Privacy Levers: Online Surveillance Versus Economic Development In The People's Republic Of China, Ann Bartow

Law Faculty Scholarship

This essay describes and contextualizes the ongoing efforts by the Communist Party of China (CPC) to reconcile two dramatically competing interests: the desire to extensively monitor the communications of its citizenry, and a burning ambition to further develop its banking and financial industries, its high tech innovation capabilities, and its overall share of the “knowledge economy.” Monitoring and censoring communications, especially via “one to many” social networking platforms, is viewed as essential for the prevention of mass anti-Party political activities ranging from peaceful civil disobedience to armed insurrection and for the protection of the reputations of individual Party leaders. Mobile …

Redemption Deferred: Military Commissions In The War On Terror And The Charge Of Providing Material Support For Terrorism, Dana M. Hollywood

UC Law SF International Law Review

On June 24, 2011, the Court of Military Commission Review (CMCR) released its decision in the case of U.S. v. Hamdan, holding that material support for terrorism (MST) constitutes a law of war violation. The Court of Appeals for the D.C. Circuit granted certiorari and heard oral arguments in the case on May 3, 2012. The court released its decision on October 16, 2012, as this article was going to the publisher. This article argues that the charge of MST is not a violation of the law of war, and that is the conclusion ultimately reached by the D.C. Circuit. …

Information Freedom, A Constitutional Value For The 21st Century, Christopher Witteman

UC Law SF International Law Review

On July 2, 2012, Verizon filed a brief with the United States Court of Appeals, District of Columbia Circuit, stating that the open-network, antidiscrimination rules adopted by the Federal Communications Commission "violate[d] the First Amendment by stripping [Verizon] of control over the transmission of speech on [its] network." Verizon argued that its broadband network is its "microphone" and its "newspaper," essentially claiming the online communications of some 200 million Americans as its own.

This article first describes how the United States First Amendment and communications law have evolved to a point where Verizon's argument is plausible. It then compares our …

Asia And Global Competition Law Convergence, David J. Gerber

All Faculty Scholarship

No abstract provided.

Sexual Violence, The Ad Hoc Tribunals And The International Criminal Court: Reconciling Akayesu And Kunarac, Caleb J. Fountain

ILSA Journal of International & Comparative Law

The International Criminal Court (ICC) will soon be the dominant international forum adjudicating allegations of international crimes, as those currently in operation are projected to complete their mandates in the next few years.

Anticipatory Slef-Defense And The Israeli-Iranian Crisis: Some Remarks, Charles J. Dunlap, Jr.

ILSA Journal of International & Comparative Law

Few contemporary issues of international security are more prominent than the dilemma posed by Iranian efforts to develop a nuclear weapon.

International Law Weekend, American Branch Of The International Law Association Perspectives On Crimes Of Sexual Violence In International Law, Susana Sa'couto

ILSA Journal of International & Comparative Law

Sexual and gender-based violence (SGBV) during conflict and periods of repression has been a problem in every region of the globe.

The Powers Of Congress And The President On Matters That Affect U.S. Foreign Affairs, Malvina Halberstam

ILSA Journal of International & Comparative Law

The subject of this Panel' is the authority of Congress and the President on matters that affect foreign affairs, when they disagree.

Does The International Criminal Court Have Jurisdiction Over The Recruitment And Use Of Child Pirates And The Interfereence With The Delievery Of Humanitarian Aid By Somali Pirates?, Duncan Gaswaga

ILSA Journal of International & Comparative Law

Maritime piracy is a very unique offence planned on dry land and executed on the high seas, a place falling under the jurisdiction of no state, by men and boys recruited and facilitated by pirate kingpins and financiers.

Liberty And Justice For All: The Convention On The Rights Of Persons With Disabilities, Eme Grant, Rhonda Neuhaus

ILSA Journal of International & Comparative Law

At the heart of every just society are mechanisms that ensure full inclusivity of citizenry, equal rights to both representation and reparation, and impartial judgment.

Establishment Of A Special Anti-Piracy Tribunal: Prospective And Reality, Sandra L. Hodgkinson

ILSA Journal of International & Comparative Law

During the past several years, piracy off of the coast of Somalia increased, despite efforts of the international community to support piracy prosecutions in national and international courts.

Why Nations Fail: 2012 International Law Weekend Panel Addesses Law And Development Movement, Underlying Assumptions, And Challenges, Norman L. Greene, Wade Channell

ILSA Journal of International & Comparative Law

On October 27, 2012, at International Law Weekend' at Fordham Law School, a panel entitled Rule of Law and Development

From Repression To Respect: An Integrated Approach To The International Protection Of Intellectual Property Rights, Flavio C. Bettarello

ILSA Journal of International & Comparative Law

This article is composed by this introduction, three interrelated chapters, and a conclusion.

When The Victim Becomes The Criminal: The Case Of Ivan Simonovis, Nicole M. Bagdadi

ILSA Journal of International & Comparative Law

Hugo Rafael Chdvez Frias rose to power in the midst of an era marked by corruption at the hands of high officials and high levels of poverty.

Malleable Law: The (Mis)Use Of Legal Tools In The Pursuit Of A Political Agenda, Manuel A. Gomez

ILSA Journal of International & Comparative Law

The idea of law as an instrument is not new. For more than a century, law has been marshaled as a means to a particular end rather than a value in and of itself.

La Ley Maleable: El (Mal), Uso Del Derecho En La Consecucion De Una Agenda Politica, Manuel A. Gomez

ILSA Journal of International & Comparative Law

La idea de usar el derecho como instrumento no es nueva. Por más de un siglo, el derecho ha sido visto como un medio para alcanzar un fin en vez de un valor en si mismo.

Advisory Opinion On Responsibilty And Liability For International Seabed Mining (Itlos Case No. 17) And The Future Of Ngo Participation In The International Legal Process, Anna Dolidze

ILSA Journal of International & Comparative Law

On February 1, 2011, the Seabed Disputes Chamber of the International Tribunal on the Law of the Sea (ITLOS) issued an advisory opinion in Case No. 17, Responsibilities and Obligations of States Sponsoring Persons and Entities with Respect to Activities in the Area (Case No. 17).