New Affirmative Defense To The Fcpa For Countries Exiting Major Internal Strife,
2014
University of Richmond
New Affirmative Defense To The Fcpa For Countries Exiting Major Internal Strife, Chris Rohde
Law Student Publications
This paper examines whether the current exception to the Foreign Corrupt Practices Act (FCPA), or the affirmative defenses provided by the FCPA, allow American companies to be this positive influence. Part I examines the background of the FCPA, the current exception and affirmative defenses, and the recent increase in enforcement. Part II examines the issue of whether the current exceptions and affirmative defenses permit US companies to invest in countries currently exiting major internal strife. 4 Unfortunately, neither the exception nor the affirmative defenses provide companies the leeway necessary to enter these markets without serious risk of running afoul of …
From Villa Grimaldi To Guantánamo Bay: Remedying Human Rights Abuses In Chile And The United States,
2014
Leiden University
From Villa Grimaldi To Guantánamo Bay: Remedying Human Rights Abuses In Chile And The United States, Nadia Shamsi
Cardozo Journal of International and Comparative Law
The article examines the effectiveness of transitional justice mechanisms in addressing human rights abuses, using Chile's experience under Augusto Pinochet as a model. It critiques the U.S. for failing to adopt similar approaches to accountability, particularly in addressing abuses at Guantanamo Bay and other detention centers. The analysis highlights the importance of combining truth commissions, criminal prosecutions, and reparations to achieve justice and promote democratic transition. It argues that the U.S. must align its domestic practices with the international human rights standards it promotes.
The Exclusion Of Improperly Obtained Evidence At The International Criminal Court: A Principled Approach To Interpreting Article 69(7) Of The Rome Statute,
2014
Schulich School of Law, Dalhousie University
The Exclusion Of Improperly Obtained Evidence At The International Criminal Court: A Principled Approach To Interpreting Article 69(7) Of The Rome Statute, Michael Madden
LLM Theses
This thesis examines article 69(7) of the Rome Statute, which creates an exclusionary rule for improperly obtained evidence at the International Criminal Court (ICC). Ultimately, the thesis proposes how the ICC should interpret its exclusionary rule. The thesis discusses the theory underlying exclusionary rules, the evidence law and remedial law contexts within which exclusionary rules operate, and numerous comparative examples of exclusionary doctrine from within national criminal justice systems. Finally, some unique aspects of international criminal procedure are described in order to demonstrate how an international exclusionary rule might need to differ from a domestic rule, and previous jurisprudence relating …
Taking The Bloody Linen Out Of The Closet: Menstrual Hygiene As A Priority For Achieving Gender Equality,
2014
Center for Human Rights & Global Justice
Taking The Bloody Linen Out Of The Closet: Menstrual Hygiene As A Priority For Achieving Gender Equality, Inga T. Winkler, Virginia Roaf
Cardozo Journal of Equal Rights & Social Justice
Regular menstruation signals a woman's health and fertility. menstruation is surrounded by shame, secrecy, embarrassment, fear, humiliation, silence, taboo, and stigma. Linked to this taboo, many cultural and religious norms-often grounded in patriarchal assumptions-seek to prevent contact with menstruating women and girls in order to avoid 'contamination' or 'becoming impure'. To some extent, this perception of menstruation is a paradox, given that motherhood is glorified. However, menstruation is not perceived as feminine', and it does not conform to the stereotypical role and behavior of women. Such stereotypes require women to be beautiful and beautified, deodorized and fresh, not bloody and …
Marxist And Soviet Law,
2014
Saint Louis University School of Law
Marxist And Soviet Law, Stephen C. Thaman
All Faculty Scholarship
This chapter addresses both the Marxist critique of law before the Russian Revolution and the development of the Soviet Law Structure. It discusses the three main trends in Soviet Criminal Law before elucidating how these trends affected the General Part and the Special Part of Soviet Criminal Codes and overall Soviet criminal policy.
Originalism At Home And Abroad,
2014
Georgetown University Law Center
Originalism At Home And Abroad, Yvonne Tew
Georgetown Law Faculty Publications and Other Works
Originalism is typically thought to be a uniquely American preoccupation. This Article challenges the conventional view that originalism enjoys little support outside the United States by showing that the story of originalism-both at home and abroad-is more nuanced than has been appreciated. This Article examines how originalism has developed in two unexplored contexts-Malaysia and Singapore-to show that originalism not only thrives outside the United States but that it takes on distinct variations reflecting the cultural, historical, and political conditions of individual nations. The Article argues that whether originalism thrives, and the form that it takes, is context driven and culturally …
The Model Penal Code And The Dilemma Of Criminal Law Codification In The United States,
2014
Saint Louis University School of Law
The Model Penal Code And The Dilemma Of Criminal Law Codification In The United States, Stephen C. Thaman
All Faculty Scholarship
In this chapter, the author discusses the legal international comparative study of codification. The author draws upon insights gained from the IACL Thematic Conference of 2012.
Managing Conflicts Of Interest In China's Public Sector: Fighting Corruption At The Early Stage,
2014
Deheng Law Firm
Managing Conflicts Of Interest In China's Public Sector: Fighting Corruption At The Early Stage, Hao (Victor) Wu, Xiaoqi (Claudia) Sun
Richmond Journal of Global Law & Business
No abstract provided.
Translating Religious Principles Into German Law: Boundaries And Contradictions,
2014
Allard School of Law at the University of British Columbia
Translating Religious Principles Into German Law: Boundaries And Contradictions, Pascale Fournier, Régine Tremblay
All Faculty Publications
First we present the basic rules of Islamic and Jewish law and the German state law that regulates them. Next we contend that the boundaries for shaping and applying religious norms are blurry. We argue that the conflicting outcomes might be explained by boundless discretion and informality in the religious adjudication process, but that this structure is not foreign to so-called secular family law. Thus, if the project of recognizing religious principles when it comes to family law is to be maintained, it must take stock of the conceptual and practical conflicts that inhere to the sphere of family law, …
Book Review. The Undignified Part Of Constitutional Analysis,
2014
Indiana University Maurer School of Law
Book Review. The Undignified Part Of Constitutional Analysis, Timothy W. Waters
Articles by Maurer Faculty
No abstract provided.
Status And Contract In An Emerging Democracy: The Evolution Of Dispute Resolution In Ghana,
2014
St. John's School of Law
Status And Contract In An Emerging Democracy: The Evolution Of Dispute Resolution In Ghana, Paul F. Kirgis
Cardozo Journal of Conflict Resolution
Ghana is one of the developing world's success stories. The first sub-Saharan colony to gain independence, it is a stable democracy experiencing sustained economic growth. Yet as Ghana reaches for the material gains of participation in modern commercial life, its dual legal systems-the system of customary adjudication by traditional authorities and the formal court systemhave come under increasing pressure. New legal developments have truncated the authority of traditional decision-makers, while an overburdened court system lacks the resources to fill the resulting adjudicative gaps. To solve the problem, Ghana is now experimenting with a system of quasi-public dispute resolution, including contractual …
From Arbitrariness To Coherency In Sentencing: Reducing The Rate Of Imprisonment And Crime While Saving Billions Of Taxpayer Dollars,
2014
Deakin University Law School
From Arbitrariness To Coherency In Sentencing: Reducing The Rate Of Imprisonment And Crime While Saving Billions Of Taxpayer Dollars, Mirko Bagaric
Michigan Journal of Race and Law
Dealing with criminals and preventing crime is a paramount public policy issue. Sentencing law and practice is the means through which we ultimately deal with criminal offenders. Despite its importance and wide-ranging reforms in recent decades, sentencing remains an intellectual and normative wasteland. This has resulted in serious human rights violations of both criminals and victims, incalculable public revenue wastage, and a failure to implement effective measures to reduce crime. This Article attempts to bridge the gulf that exists between knowledge and practice in sentencing and lays the groundwork for a fair and efficient sentencing system. The Article focuses on …
Revolution Imagined: Cause Advocacy, Consumer Rights, And The Evolving Role Of Ngos In Thailand,
2014
New York Law School
Revolution Imagined: Cause Advocacy, Consumer Rights, And The Evolving Role Of Ngos In Thailand, Frank W. Munger
Articles & Chapters
This article describes the founding and evolution of a “Thai-style” NGO dedicated to consumer protection. Through a description of the NGO and the career of its founder, the article brings to light features of the evolution of NGO based advocacy in Thailand from the student uprising in 1973 to the present. The legacy of the 1973 October Generation of activists continues to influence development of NGOs but new emphasis on rights has emerged since the era of constitutional reform in the 1990s. Many NGOs now make use of litigation to attempt to achieve social change, but litigation, like other long-standing …
Legal Origin Theory [Book Review],
2014
Duquesne University
Legal Origin Theory [Book Review], Dana Neacsu
Law Faculty Publications
In this volume, Simon Deakin, Professor of Law at the University of Cambridge and Katharina Pistor, the Michael I Sovem Professor of Law at Columbia Law School, considered the merits of Legal Origin Theory (LOT) in three fields of inquiry: the study of comparative law, the analysis of the relation between law and markets, and the understanding of the role of legal systems in social ordering. In their succinct and provocative introduction, Deakin and Pistor discuss the evolution of this legal theory without shying away from its controversial nature.
Quotas And The Transatlantic Divergence Of Corporate Governance,
2014
St. John's University School of Law
Quotas And The Transatlantic Divergence Of Corporate Governance, Véronique Magnier, Darren Rosenblum
Faculty Publications
The French adoption of a corporate board quota for women reflects Europe’s increasingly stakeholder-oriented approach to corporate governance, one that stands in marked contrast with that of the United States. This Article discusses how the corporate board quota will shift French and European corporate governance. The change accentuates an already established stakeholder corporate culture widespread in Europe, most notably evidenced by the presence of worker representation on boards. In contrast, the United States’ corporate governance structure increasingly places the shareholder at its center. The proliferation of quotas for women on corporate boards in the national and transnational European contexts is …
Unasur: The Newest 'Global Player' Or Neo-Boliverian Fantasy?,
2014
Dalhousie University Schulich School of Law
Unasur: The Newest 'Global Player' Or Neo-Boliverian Fantasy?, Sara Gwendolyn Ross
Articles, Book Chapters, & Popular Press
The Union of South American Nations (Unasur) presents the most recent vision for trade liberalization and political, economic, and social integration amongst South American countries. Unasur has set 2019 as the year by which it hopes to accomplish many of its goals, such as full regional integration and tariff elimination. But, as 2019 slowly approaches, it remains to be seen whether Unasur will in fact be able to reach these goals. While Unasur’s future is certainly compelling, before heralding Unasur as the long-awaited panacea for pure regional integration, important lessons can be drawn from previous attempts at and iterations of …
Religious Associational Rights And Sexual Conduct In South Africa: Towards The Furtherance Of The Accommodation Of A Diversity Of Beliefs,
2014
Brigham Young University Law School
Religious Associational Rights And Sexual Conduct In South Africa: Towards The Furtherance Of The Accommodation Of A Diversity Of Beliefs, Shaun De Freitas
BYU Law Review
No abstract provided.
The Unnecessary And Restrictive Constitutional Amendments Concerning Religious Freedom In Mexico,
2014
Brigham Young University Law School
The Unnecessary And Restrictive Constitutional Amendments Concerning Religious Freedom In Mexico, Javier Saldaña Serrano
BYU Law Review
No abstract provided.
A Defining Moment: A Review Of Disability & Equity At Work, Why Achieving Positive Employment Outcomes For Individuals With Disabilities Requires A Universal Definition Of Disability,
2014
William & Mary Law School
A Defining Moment: A Review Of Disability & Equity At Work, Why Achieving Positive Employment Outcomes For Individuals With Disabilities Requires A Universal Definition Of Disability, Nicole Buonocore Porter
Faculty Publications
This book, Disability & Equity at Work, describes its goal as "to discuss factors contributing to disabled persons' inequality at work and to offer proposals for leveling this uneven playing field." The book is an interdisciplinary, international review of the laws, policies, initiatives, and studies regarding the employment situation of individuals with disabilities. It is a compilation of fifteen different chapters by different authors, which cover a wide variety of subject matters. Some chapters focus on low- and middle-income countries, where individuals with disabilities often have low employment and high poverty rates. And some chapters focus on problems that …
Transforming Family Law Through Same-Sex Marriage: Lessons From (And To) The Western World,
2014
American University Washington College of Law
Transforming Family Law Through Same-Sex Marriage: Lessons From (And To) The Western World, Macarena Saez
Scholarly Articles in Law Reviews & Journals
Same-sex marriage is a 21st century phenomenon. In less than 13 years more than 15 countries have amended their marriage laws to include same-sex couples. Some countries have made the change through political decisions but others have reached the change through adjudicative processes. A comparative analysis of decisions from the highest courts of countries or states granting marriage to same-sex couples demonstrates: 1. similar arguments are presented to these courts when making the case for and against same-sex marriage; 2. courts are using comparative law to justify their decisions on same-sex marriage; 3. the majority of courts in these countries …
