Comparative and Foreign Law Commons^™

Why Copyright Falls Behind The Requirement For Protecting Graphic User Interfaces: Case Studies On Limitations Of Copyright Protection For Guis In China, Ling Jin, Yihong Ying

IP Theory

No abstract provided.

Ip Protection Of Fashion Design: To Be Or Not To Be, That Is The Question, Xinbo Li

IP Theory

No abstract provided.

Multiculturalist Liberalism And Harms To Women: Lookin Through The Issue Of "The Veil", Anissa Helie, Marie Ashe

Publications and Research

Hélie & Ashe law review writing raises and responds to a reformulated and broadened version of Susan Okin’s 1999 inquiry, Is Multiculturalism Bad for Women? It identifies social and political developments, as well as legal and theoretical developments, that have occurred in the 21^st century and that demand that reformulation.

Not limiting itself (as did Okin’s question) to interrogating the relationship between women’s equality interests and interests in “religious freedom” advanced by minority-religious groups, Hélie & Ashe is the broader inquiry, critical for liberal theory of the 21^st century which has been greatly affected by the “ethos …

New Zealand's Litigation-Related Name Suppression Policies: A Workable Model For The United States, Candice Lazar

University of Miami International and Comparative Law Review

No abstract provided.

Rethinking Transboundary Ground Water Resources Management: A Local Approach Along The Mexico-U.S. Border, Gabriel E. Eckstein

Faculty Scholarship

Despite more than forty years of promises to the contrary, neither Mexico nor the United States have shown any inclination to pursue a border-wide pact to coordinate management of the border region’s transboundary ground water resources. As a result, these critical resources – which serve as the sole or primary source of fresh water for most border communities on both sides – are being overexploited and polluted, leaving the local population with little recourse. Imminently unsustainable, the situation portends a grim future for the region.

In the absence of national governmental interests and involvement on either side of the frontier, …

Anonymous Withholding Agreements And The Future Of International Cooperation In Taxing Foreign Financial Accounts : Testimony Before The Finance Committee Of The German Bundestag, September 24, 2012 (Statement By Associate Professor Itai Grinberg, Geo. U. L. Center), Itai Grinberg

Georgetown Law Faculty Publications and Other Works

Chairwoman Reinemund and members of the Finance Committee, this testimony will make three key points:

• Automatic information exchange is superior to anonymous withholding for the purpose of combating tax evasion involving the use of foreign financial accounts.

• German ratification of the Swiss-German anonymous tax withholding agreement would stifle the emergence of a multilateral automatic information exchange system. As a result, Germany would be less able to address its own concerns with tax evasion through foreign accounts over the medium term. By ratifying this agreement, Germany would also slow the development of a multilateral system that would allow many …

Contractualism In The Law Of Treaties, Omar M. Dajani

Michigan Journal of International Law

When Henry Sumner Maine famously observed that "the movement of the progressive societies has hitherto been a movement from Status to Contract," he was invoking contract not as a device for binding parties to their commitments but, rather, as a metaphor for freedom. That metaphor lies at the heart of what legal scholars have come to call contractualism (or, sometimes, contractarianism)-the idea that people should be free to decide with whom, for what, and on which terms they enter agreements and that the law should minimize the constraints it places on these decisions. It is a proposition rooted in the …

A Monolithic Threat: The Anti-Sharia Movement And America’S Counter-Subversive Tradition, Ross Johnson

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Brigham-Kanner Property Rights Conference Journal, Volume 1, William & Mary Law School

Brigham-Kanner Property Rights Journal

Comparative Property Rights

October 14-15, 2011

Panel 1: Legal Protection of Property Rights: A Comparative Look

Panel 2: Reflections on Justice O'Connor's Important Property Rights Decisions

Panel 3: Property as an Instrument of Social Policy

Panel 4: Culture and Property

Panel 5: Property as an Economic Institution

Panel 6: Property Rights and the Environment

A New Prescription To Balance Secrecy And Disclosure In Drug-Approval Processes, Gerrit M. Beckhaus

University of Michigan Journal of Law Reform

To obtain approval to market a drug, a manufacturer must disclose significant amounts of research data to the government agency that oversees the approval process. The data often include information that could help advance scientific progress, and are therefore of great value. But current laws in both the United States and Europe give secrecy great weight. This Article proposes an obligatory sealed-bid auction of the sensitive information based on the experience with similar auctions in mergers and acquisitions, to balance manufacturers' interest in secrecy and the public interest in disclosure.

Checkpoint Watch: Bureaucracy And Resistance At The Israel/Palestinean Border, Irus Braverman

Journal Articles

This essay sketches my personal impressions of the changes that have occurred over the last decade in Israeli checkpoints in and around Jerusalem. These changes are both in the physical design of the checkpoints as well as in their human management. My particular focus is on the women’s human rights organization MachsomWatch. The role of MachsomWatch has changed in a way that parallels the solidification and the bureaucratization of the border. Nowadays, MachsomWatch women - originally avid protestors of the Israeli occupation of the West Bank - have, despite themselves, become a routine feature in the occupational apparatus. This essay’s …

Adopting Law Firm Management Systems To Survive And Thrive: A Study Of The Australian Approach To Management-Based Regulation, Susan Saab Fortney, Tahlia Gordon

Faculty Scholarship

In Australia, amendments to the Legal Profession Act require that incorporated legal practices (ILPs) take steps to assure compliance with provisions of the Legal Profession Act 2004. Specifically, the legislation provides that the ILP must appoint a legal practitioner director to be generally responsible for the management of the ILP. The ILP must also implement and maintain “appropriate management systems" to enable the provision of legal services in accordance with the professional obligations of legal practitioners. Because the new law did not define “appropriate management systems” (AMS) the Office of Legal Services Commissioner for New South Wales worked with representatives …

Contract Law In A Comparative Perspective, Suharnoko Suharnoko

Indonesia Law Review

Media reports on cases of the theft of pre-paid pulses taking place nowadays have created a misunderstanding in terms of the appropriate application of criminal law. In the context of existing legal provisions concerning consumer protection as set forth both under the Consumer Protection Law as well as in part under the Telecommunications Law, law enforcement agencies are leaning towards applying general criminal provisions (theft) which, after a careful observation of the Indonesian Criminal Code, in fact do not extend to corporate criminal acts. This paper purports to explain that the currently occurring cases of the theft of pre-paid pulses …

Price-Fixing: Hefty Penalties On Big-Biz Cartels Will Provide Level Playing Field To Small Businesses, John M. Connor, Robert H. Lande

All Faculty Scholarship

Cartels are illegal in India, as they are almost everywhere. They are subject to heavy fines. Why, then, do businesses frequently try to fix prices? Because doing so usually is profitable. On average cartels raise prices by more than 20%, and probably face less than a 25% chance of being caught and convicted. Based upon a sample of 75 international cartels, the authors calculate that the expected profits from price fixing almost always exceed the penalties. No wonder businesses often try to fix prices.

Consumer Choice As The Best Way To Describe The Goals Of Competition Law, Robert H. Lande

All Faculty Scholarship

This article is both a short introduction to the Consumer Choice explanation for Competition Law or Antitrust Law, and also a short advocacy piece suggesting that Consumer Choice is the best way to articulate the goals of European Competition Law and United States Antitrust Law.

This article briefly:

1. defines the consumer choice approach to antitrust or competition law and shows how it differs from other approaches;
2. shows that the antitrust statutes and theories of violation embody a concern for optimal levels of consumer choice;
3. shows that the United States antitrust case law embodies a concern for optimal levels of consumer …

Danbury Hatters In Sweden: An American Perspective Of Employer Remedies For Illegal Collective Actions, César F. Rosado Marzán, Margot Nikitas

All Faculty Scholarship

The European Court of Justice's ("ECJ") Laval quartet held that worker collective actions that impacted freedom of services and establishment in the E.U. violated E.U. law. After Laval, the Swedish Labor Court imposed exemplary or punitive damages on labor unions for violating E.U. law. These cases have generated critical discussions regarding not only the proper balance between markets and workers’ freedom of association, but also what should be the proper remedies for employers who suffer illegal actions by labor unions under E.U. law. While any reforms to rebalance fundamental freedoms as a result of the Laval quartet will have to …

Creating Access To Quality Legal Representation – The Queen's Counsel (Re)Appears In Singapore, Kwan Ho Lau

Research Collection Yong Pung How School Of Law

Litigants coming up against a large banking institution or corporation in Singapore have not always been able to procure quality legal representation. The larger law firms there, with their established dispute resolution practices and stables of Senior Counsel, are often unable or unwilling to act in litigation against their institutional clients. This article investigates the extent of the problem and the Ministry of Law’s soluion of easing the criteria for ad hoc admission of Queen’s Counsel in Singapore. The author then looks, in some detail, at the factors that a court might consider in any foreign lawyer’s application for admission. …

Punishment And Work Law Compliance: Lessons From Chile, César F. Rosado Marzán

All Faculty Scholarship

Workplace law activists and reformers find it increasingly more difficult to obtain redress for violation of workers’ rights. Some of them are calling for stricter enforcement and tougher penalties to bring employers into compliance. However, after seven and half months of participant observation at the Labor Directorate and the labor courts of Chile, institutions that use punishment as their main tools of enforcement, I am skeptical about the likelihood of success of mere punishment for effective workplace law enforcement and compliance. I am skeptical even though Chile is a country recognized as the Latin American “jaguar” for its successful economy …

“Advancing With The Times: Industrial Design Protection In The Era Of Virtual Migration”, Horacio E. Gutiérrez

IP Theory

No abstract provided.

The Political Economy Of China’S Regulatory State: A Reappraisal, Miron Mushkat, Roda Mushkat

Brigham Young University Journal of Public Law

No abstract provided.