Surging Intercountry Adoptions In Africa: Paltry Domestication Of International Standards,
2012
Brigham Young University Law School
Surging Intercountry Adoptions In Africa: Paltry Domestication Of International Standards, Joseph M. Isanga
Brigham Young University Journal of Public Law
No abstract provided.
The Importance Of Constitution-Making,
2012
Florida State University College of Law
The Importance Of Constitution-Making, David Landau
Scholarly Publications
In this short invited contribution, I argue that scholars and policy-makers need to shift focus from the moment at which the break with the old regime occurs towards the moment at which new constitutional orders are constructed. The constitution-making process in countries like Tunisia, Egypt, and Libya, for example, is likely to determine in large measure what these new regimes are likely to look like. In particular, I draw off of a case study of the 2009 military coup in Honduras, which was provoked by ex-President Zelaya’s attempt to call a constituent assembly, to make two points. First, both constitutional …
Will The Birds Stay South? The Rise Of Class Actions And Other Forms Of Group Litigation Across Latin America,
2012
University of Miami Law School
Will The Birds Stay South? The Rise Of Class Actions And Other Forms Of Group Litigation Across Latin America, Manuel A. Gómez
University of Miami Inter-American Law Review
No abstract provided.
Resolving Mass Legal Disputes Through Class Arbitration: The United States And Canada Compared,
2012
University of Missouri School of Law
Resolving Mass Legal Disputes Through Class Arbitration: The United States And Canada Compared, S. I. Strong
Faculty Publications
This article compares three issues that have arisen as a result of recent Supreme Court decisions in both countries: the circumstances in which class arbitration is available; the procedures that must or may be used; and the nature of the right to proceed as a class. In so doing, the article not only offers valuable lessons to parties in the U.S. and Canada, but also provides observers from other countries with a useful framework for considering issues relating to the intersection between collective relief and arbitration.
Meaningless Comparisons: Corporate Tax Reform Discourse In The United States,
2012
University of Florida Levin College of Law
Meaningless Comparisons: Corporate Tax Reform Discourse In The United States, Omri Y. Marian
UF Law Faculty Publications
This article examines the role that international comparisons play in current corporate tax reform discourse in the United States. Citing the need to make the U.S. corporate tax system more competitive, comparisons are frequently used to assess other jurisdictions' tax-competitiveness, and many legislative proposals are supported by such comparative arguments. Examining such discourse against the background of several theoretical approaches to comparative law, this article argues that, to the extent that comparisons are aimed at providing guidance for prospective reform, this purpose is not well served. Participants in the corporate tax reform discourse, from both sides of the aisle, lack …
Public Interest Litigation In India As A Paradigm For Developing Nations,
2012
Indiana University Maurer School of Law
Public Interest Litigation In India As A Paradigm For Developing Nations, Zachary Holladay
Indiana Journal of Global Legal Studies
Public interest litigation (PIL) in India can serve as a vehicle for creating and enforcing rights and is critical to the sustenance of democracy. PIL in India can address the needs of its citizens when legislative inertia afflicts the Indian National Congress. This Note discusses how PIL in India can serve as a model for other developing nations struggling with legislative inertia and can provide recourse to marginalized and disadvantaged communities. Furthermore, while PIL obscures the traditional boundaries of power in a liberal democratic polity, democracy is in fact strengthened by the expansion of standing to include any citizen who …
The Burden To Prove Libel: A Comparative Analysis Of Traditional English And U.S. Defamation Laws And The Dawn Of England's Modern Day,
2012
Hudson Institute
The Burden To Prove Libel: A Comparative Analysis Of Traditional English And U.S. Defamation Laws And The Dawn Of England's Modern Day, Elizabeth Samson
Cardozo Journal of International and Comparative Law
The article examines the divergence between English and U.S. defamation laws, particularly the burden of proof in libel cases. It argues that while the U.S. has evolved to prioritize free speech by shifting the burden to the plaintiff, England maintains a plaintiff-friendly approach, leading to libel tourism and chilling free speech. The author suggests that England should consider reforming its burden of proof to address these issues.
Vertical And Horizontal Perspectives On Rights Consciousness,
2012
University at Buffalo School of Law
Vertical And Horizontal Perspectives On Rights Consciousness, David M. Engel
Journal Articles
It has become commonplace to assert that rights consciousness is expanding globally and that individuals worldwide demonstrate an increasing awareness of and insistence upon their legal entitlements. To marshal empirical support for such claims is, however, exceedingly complex. One important line of socio-legal research on rights consciousness adopts what might be called a “vertical” perspective, tracing the flow of legal norms and practices from prestigious international organizations and world centers of cultural production to local settings, where they may be adopted, resisted, or transformed. Vertical perspectives on rights consciousness have contributed new understandings of law in contemporary societies around the …
Intellectual Property And Asian Values,
2012
Texas A&M University School of Law
Intellectual Property And Asian Values, Peter K. Yu
Faculty Scholarship
From Niall Ferguson to Fareed Zakaria, commentators have paid growing attention to the rise of Asia and its implications for the West. Recent years have also seen the emergence of a growing volume of literature on intellectual property developments in Asia, in particular China and India. Few commentators, however, have explored whether Asian countries will take unified positions on international intellectual property law and policy.
Commissioned for the Inaugural International Intellectual Property Scholars Series, this article fills the void by examining intellectual property developments in relation to the decades-old 'Asian values' debate. Drawing on the region's diversity in economic and …
Technology As A Driver Within Agencies - The Internet Change Everything,
2012
Benjamin N. Cardozo School of Law
Technology As A Driver Within Agencies - The Internet Change Everything, Michael Herz
Articles
No abstract provided.
The Specter Of Civil Law Clawback Actions Haunting U.S. And Uk Charitable Giving,
2012
University of Arlkansas at Little Rock William H. Bowen School of Law
The Specter Of Civil Law Clawback Actions Haunting U.S. And Uk Charitable Giving, Aaron Schwabach
Law Faculty Scholarship
No abstract provided.
Cisg Translation Issues: Reducing Legal Babelism,
2012
University of Florida Levin College of Law
Cisg Translation Issues: Reducing Legal Babelism, Claire M. Germain
UF Law Faculty Publications
The CISG (Convention on Contracts for the International Sale of Goods) has remarkably facilitated commercial transactions across boundaries and different legal systems. This article, to be published as a Book Chapter, discusses some possible difficulties caused by using different languages, or words which might be interpreted differently, and some solutions and ways to deal with these difficulties. Three kinds of issues have appeared: the first has to do with drafting issues, and the peculiar problem of the six official languages of the Convention. The second set of issues deals with the interpretation of the Convention and the so-called homeward trend. …
An Early Tragedy Of Comparative Constitutionalism: Frank Goodnow And The Chinese Republic,
2012
University of Washington School of Law
An Early Tragedy Of Comparative Constitutionalism: Frank Goodnow And The Chinese Republic, Jedidiah Kroncke
Washington International Law Journal
This article recovers a lost episode in the neglected early history of comparative constitutionalism in the United States. In 1913, pioneering comparative lawyer Frank Goodnow went to China to assist the new Chinese Republic in the writing of its first constitution. Goodnow’s mission reflected the growing interest of the United States in China’s legal development in this era, and his constitution-writing project won broad support from the U.S. legal profession. Goodnow’s tenure ultimately generated great controversy when he advised China’s leaders to adopt a constitutional monarchy rather than continue on as a republic. This article describes this controversy and how …
Corporate Liability, Government Liability, And The Fukushima Nuclear Disaster,
2012
University of Washington School of Law
Corporate Liability, Government Liability, And The Fukushima Nuclear Disaster, Eri Osaka
Washington International Law Journal
This article focuses on the liability issues arising from the Fukushima nuclear disaster. The radioactivity released from the Fukushima Dai-ichi Nuclear Power Plant inflicted catastrophic harm to people, industries, and the environment. Under Japanese law, a nuclear operator bears strict, channeling, and unlimited liability for nuclear damage unless the damage is caused by a grave natural disaster of an exceptional character. This article concludes the Great East Japan Earthquake and tsunami that triggered this nuclear accident do not fall within this exemption because neither of them were unforeseeable nor far beyond the design basis for the reactors at the plant. …
Will China's 12th Five Year Plan Allow For Sufficient Nuclear Power To Support Its Booming Economy In The Next Twenty Years?,
2012
University of Washington School of Law
Will China's 12th Five Year Plan Allow For Sufficient Nuclear Power To Support Its Booming Economy In The Next Twenty Years?, Patricia Blazey
Washington International Law Journal
A major part of China’s 12th Five Year Plan focuses on energy conservation and environmental protection. Its 12th Year Environmental Plan provides that China will increase its nuclear capacity by 30% from 2010 levels of 10.8 gigawatts to 43 gigawatts in 2014. Two questions arise from this plan. First, will enough energy be produced from other sources to supply the country’s energy needs or will there be the need for an expansion to its nuclear program? Second, are the locations of its nuclear power plants safe in light of the disaster at the Fukushima nuclear power plant in Japan following …
Gender-Specific Prison Reform: Addressing Human Rights Violations Against Women In Russia's Prisons,
2012
University of Washington School of Law
Gender-Specific Prison Reform: Addressing Human Rights Violations Against Women In Russia's Prisons, Courtney M. Skiles
Washington International Law Journal
Russia currently incarcerates women in conditions that amount to human rights violations. Women incarcerated in Russia’s prisons experience not only oppression and abuse common to all those incarcerated in Russia, but also gender-specific harms. While Russia has signed on to many pivotal human rights treaties, it also has a long history of mass incarceration of its people. Today, the prison conditions for women in Russia reveal a need for reform. Reformers are challenged by a powerful State that has not prioritized the type of reform necessary to eliminate further harms done to incarcerated women. To ensure the rights of women …
Introduction: The Fukushima Dai-Ichi Nuclear Disaster And The Future Of Nuclear Energy Programs In Japan And East Asia,
2012
University of Washington School of Law
Introduction: The Fukushima Dai-Ichi Nuclear Disaster And The Future Of Nuclear Energy Programs In Japan And East Asia, Hiroshi Fukurai
Washington International Law Journal
On March 11, 2011, a massive 9.0 magnitude quake and powerful tsunami slammed the northeastern region of Japan. Huge seismic activities knocked out the power at the Fukushima Dai-ichi Nuclear Power Plant, and ensuing tidal waves disabled the backup generators for cooling systems to the active reactors. This triggered a series of hydrogen explosions and released dangerously high levels of radioactive particles into the atmosphere. The Japanese government declared a nuclear emergency, due to the worst nuclear crisis in Japanese history, and decided to evacuate 140,000 residents within twenty kilometers of the plant to various relocation centers
A Comparative Law Analysis Of Private Securities Litigation In The Wake Of Morrison V. National Australia Bank,
2012
Chicago-Kent College of Law
A Comparative Law Analysis Of Private Securities Litigation In The Wake Of Morrison V. National Australia Bank, Grant Swanson
Chicago-Kent Law Review
This article examines the recent Supreme Court decision in Morrison v. National Australia Bank and its broad implications for private securities litigants going forward. Morrison overturned forty years of jurisprudence when it rejected the conduct and effects tests used in some form by every Circuit Court when determining the extraterritorial reach of Section 10(b) of the Securities Act. The Court instead adopted a transactional test requiring that the security be traded in the United States or otherwise domestic, substantially cutting back the reach of Section 10(b). As a result, many securities litigants will be forced to bring claims in the …
Finding A Country To Call Home: A Framework For Evaluating Legislation To Reduce Statelessness In Southeast Asia,
2012
University of Washington School of Law
Finding A Country To Call Home: A Framework For Evaluating Legislation To Reduce Statelessness In Southeast Asia, Alec Paxton
Washington International Law Journal
Statelessness is a problem that affects 12 million people worldwide, with severe social, economic, and political consequences. This problem is particularly acute in Southeast Asia. Over the last sixty years, Southeast Asian states have attempted to reduce existing stateless populations through nationalization. These attempts have been met with varying degrees of success. The United Nations High Commission on Refugees and other non-governmental organizations have recently started to evaluate the outcome of these legislative attempts to reduce statelessness. These ad hoc evaluations provide valuable lessons for those who are drafting legislation to reduce existing stateless populations as well as legal scholars …
The Inheritance Of Inequality: Hukou<.I> And Related Barriers To Compulsory Education For China's Migrant Children,
2012
University of Washington School of Law
The Inheritance Of Inequality: Hukou<.I> And Related Barriers To Compulsory Education For China's Migrant Children, Jessica L. Montgomery
Washington International Law Journal
The hukou system in China uses residency permits to divide Chinese citizens into urban and rural dwellers. A person’s hukou status determines his or her access to state services. Under normal circumstances, a person with a rural hukou status is not eligible for state services in urban areas, and vice versa. Because hukou is primarily inherited from one’s parents at the time of birth, children born in urban areas to parents with rural hukou are similarly designated as rural hukou holders. As a result, children living in cities with rural hukou are ineligible for enrollment in urban public schools even …
