“The Pursuit Of Happiness” Comes Home To Roost? Same-Sex Union, The Summum Bonum, And Equality,
2013
1567
“The Pursuit Of Happiness” Comes Home To Roost? Same-Sex Union, The Summum Bonum, And Equality, Patrick Mckinley Brennan
Working Paper Series
John Locke understood human happiness to amount to the removal of "uneasiness." This paper argues that,to the extent that the United States is a nation dedicated to "the pursuit of happiness" understood as the removal of "uneasiness," same-sex unions or marriages should be given legal recognition. While Locke defended a variation on traditional marriage on the grounds of progenitiveness and care for dependent offspring, his more foundational commitment to the importance of the removal of uneasiness precludes, on pain of inconsistency, limiting marriage to opposite-sex couples. This paper argues, furthermore, that conservatives and neo-conservatives who celebrate this nation's being …
Counting Once, Counting Twice: The Precarious State Of Subsidy Regulation,
2013
University of Florida Levin College of Law
Counting Once, Counting Twice: The Precarious State Of Subsidy Regulation, Wentong Zheng
UF Law Faculty Publications
Subsidy regulation is in a precarious state. While it has been so ever since the conception of the current subsidy regulation regime, the recent disputes between the United States and China over the “double counting” or “double remedies” of subsidies have threatened the mere functionality of the current regime. This Article argues that the double counting controversy reveals the self-contradictions of the current subsidy regulation regime as to the fundamental question of why subsidies need to be regulated. These self-contradictions make it impossible to devise a coherent solution to the double counting problem within the framework of the current subsidy …
The Chinese Legal Tradition As A Cultural Constraint On The Westernization Of Chinese Environmental Law And Policy: Toward A Chinese Environmental Law And Policy Regime With More Chinese Characteristics,
2013
Southern New Hampshire University
The Chinese Legal Tradition As A Cultural Constraint On The Westernization Of Chinese Environmental Law And Policy: Toward A Chinese Environmental Law And Policy Regime With More Chinese Characteristics, Paul A. Barresi
Pace Environmental Law Review
This Article argues that the Chinese legal tradition is essentially a Confucian legal tradition, and that its Confucian attributes significantly constrain the effectiveness of the Western-style environmental laws enacted by the PRC in recent decades. Part I explores the emergence of a Confucian legal tradition in China and its impact on Chinese legal culture before the founding of the PRC. Part II highlights some of the impacts of this tradition on the Chinese legal system during the same period. Part III makes a case for the endurance of the Confucian essence of this legal tradition in the PRC itself, and …
Only One Mekong: Developing Transboundary Eia Procedures Of Mekong River Basin,
2013
Pace University
Only One Mekong: Developing Transboundary Eia Procedures Of Mekong River Basin, Jian Ke, Qi Gao
Pace Environmental Law Review
China shares borders with fourteen countries and has many international rivers. In most cases, China is an upstream state. Over the past years, increasing international disputes concerning international rivers have occurred between China and other riparian states, such as China’s dam construction on the upper Mekong River and the Songhua River pollution accident. In particular, with the ongoing dam construction on the upstream of Mekong in China, its potential environmental impact on the other Mekong countries is highly profiled. At the time of writing, five dams are already completed and two are in the final stage of construction or getting …
Vara’S Orphans: How Indigenous Artists Can Still Look For Hope In The Moral Rights Regime,
2013
Maurer School of Law: Indiana University
Vara’S Orphans: How Indigenous Artists Can Still Look For Hope In The Moral Rights Regime, Amy Skelton
Indiana Journal of Law and Social Equality
No abstract provided.
Pesticide Regulation Differences Of The U.S., Chile, And Mexico On Imported Berries,
2013
California Polytechnic State University, San Luis Obispo
Pesticide Regulation Differences Of The U.S., Chile, And Mexico On Imported Berries, Kayla Felicia Gardener
Agribusiness
Growing consumer demand for knowledge in the area of food safety and producer accountability on what is applied to fresh produce is resulting in a greater need for transparency in the industry. Additionally, the demand for safe, fresh produce year round has led to extensive international trade and consumers to wonder if imported produce is of the same quality of that in produced in the U.S. The study analyzes the differences and similarities between pesticide application tolerance standards, and labels for applied use on berries produced in the U.S., Mexico, and Chile. This is done by reviewing tolerance information and …
Beijing Municipal Regulation To Reward And Protect Persons Of Courageous Behavior,
2013
University of Washington School of Law
Beijing Municipal Regulation To Reward And Protect Persons Of Courageous Behavior, Annamarie C. Larson, Melody W. Young
Washington International Law Journal
The Beijing Municipal Regulation to Reward and Protect Persons of Courageous Behavior was enacted on April 21, 2000, and has been in force since August 1, 2000. This translation serves as a source of reference for context on the similar emerging legislation in Guangdong province. The translation is based on Beijing Municipal People’s Congress Standing Committee Bulletin No. 21.
Guangdong Province Regulation To Reward And Protect Persons Of Courageous Behavior,
2013
University of Washington School of Law
Guangdong Province Regulation To Reward And Protect Persons Of Courageous Behavior, Annamarie C. Larson, Melody W. Young
Washington International Law Journal
The Guangdong Province Regulation to Reward and Protect Persons of Courageous Behavior emerged after the Foshan hit-and-run incident in 2011. This translation serves as a source of reference on the newly enacted legislation. The regulation was enacted on November 29, 2012 and is now in effect as of January 1, 2013. This translation is based on Bulletin No. 89 issued December 20, 2012 by the 11th Standing Committee of the People’s Congress of Guangdong Province.
Gene Patents In Australia: A Game Theory Approach,
2013
University of Washington School of Law
Gene Patents In Australia: A Game Theory Approach, Kate M. Mead
Washington International Law Journal
Gene patent validity is one of the most controversial issues in patent law. In Australia, the question of whether to eliminate human gene patents has reached both Parliament and the federal courts. Opponents of gene patents argue that gene patents increase the cost of healthcare and impede progress in genetic research. Proponents respond that gene patents are essential incentives for the biotech industry, and that Australia has an obligation to recognize them under the WTO-administered Treaty on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”). Because patents require inventors to publically disclose their discoveries, Australia’s rejection of the gene patent system …
The Aftermath Of Peng Yu: Restoring Helping Behavior In China,
2013
University of Washington School of Law
The Aftermath Of Peng Yu: Restoring Helping Behavior In China, Melody W. Young
Washington International Law Journal
Can money motivate heroic deeds? China believes so. After Xu XX v. Peng Yu developed a poor judicial precedent that lowered the evidentiary bar for plaintiffs in a personal injury claim, the media’s focus on the controversial reasoning of the case created public fear of civil liability. High-profile media attention on similar events that followed reinforced the fears that the Peng Yu case engendered and chilled helping behavior in China. Yet, a tragic hit-and-run accident involving a two-year-old child in Foshan, China reinvigorated the discourse on the restoration of helping behavior in China. Guangdong Province proposed new legislation to counteract …
Marriage Is Between A Man And A Woman And . . . : Latest Evolution Of Marital Residence Regime In Contemporary China,
2013
Chicago-Kent College of Law
Marriage Is Between A Man And A Woman And . . . : Latest Evolution Of Marital Residence Regime In Contemporary China, Yu Di
Chicago-Kent Law Review
This Note discusses the controversial August 2011 Judicial Interpretation on the Marriage Law of China concerning the treatment of marital residence in divorce proceedings. The Interpretation gives great weight to the title under which the property is held, and commentators have criticized this approach as unfair to women. This Note examines the Interpretation from a historical and comparative viewpoint. Section I traces the development history of Chinese law of marital property. Section II summarizes the U.S. law on the most prominent scenario addressed by the new Interpretation, that of the distribution at divorce of a marital residence to the acquisition …
Mexico's Missed Opportunities To Protect Irregular Women Transmigrants: Applying A Gender Lens To Migration Law Reform,
2013
University of Washington School of Law
Mexico's Missed Opportunities To Protect Irregular Women Transmigrants: Applying A Gender Lens To Migration Law Reform, Alyson L. Dimmitt Gnam
Washington International Law Journal
Mexico is a transit country for hundreds of thousands of migrants traveling north. Due to economic liberalization, women increasingly migrate in search of employment opportunities, a phenomenon called the “feminization of migration.” As women migrate, they face high risks of sexual and gender-based violence, including sexual assault, rape, kidnapping, and trafficking. During transit, the impunity of organized criminal groups and corrupt state officials facilitate rampant abuse of women. Mexico’s former migration policy exacerbated women’s vulnerability to abuse by criminal organizations by pushing women into dangerous illicit migration channels. In response to the abuse of transmigrants, Mexico passed a sweeping migration …
Layers Of The Law: A Look At The Role Of Law In Japan Today,
2013
University of Washington School of Law
Layers Of The Law: A Look At The Role Of Law In Japan Today, Andrew M. Pardieck
Washington International Law Journal
In 1967, Professor Kawashima wrote about a world of vaguely defined rights and norms in Japan. This article argues that world still exists. But it now co-exists with a world that commonly defines rights, in great detail, and regularly invokes them. There are layers of the law in Japan. Primary ordering of relationships and services is often based on complex, legalistic contracts and regulation; secondary ordering is often based on equity, Japanese notions of equity. Examples from contract, employment, and environmental law and practice illustrate this. For each, this paper examines both sides of the coin—transactional ordering and litigated outcomes. …
Capital Structure, Creditor Composition, And Insolvency Law In Japan,
2013
University of Washington School of Law
Capital Structure, Creditor Composition, And Insolvency Law In Japan, Benjamin T. Jones
Washington International Law Journal
This article identifies potential relationships between the methods by which large firms in the business sector are externally financed and creditors’ determinations to resolve business failure through private negotiation or formal insolvency proceedings. Prior to the deregulation of Japan’s capital markets in the 1980s, large firms relied heavily on bank debt as a source of external capital. Consequently, their capital structures and their creditor compositions were relatively homogenous. Japanese banks appeared to primarily resolve the failure of their borrowers through private reorganizations or liquidations rather than court proceedings, and evidence suggests that creditor homogeneity was a favorable condition for the …
Cloudy Weather, With Occasional Sunshine: Consumer Loans, The Legislature, And The Supreme Court Of Japan,
2013
University of Washington School of Law
Cloudy Weather, With Occasional Sunshine: Consumer Loans, The Legislature, And The Supreme Court Of Japan, Shigenori Matsui
Washington International Law Journal
The Supreme Court of Japan, despite its well-known passive and conservative stance towards constitutional adjudication, occasionally shows quite a creative and liberal attitude. Recently, the Supreme Court of Japan has shown this attitude in its development of pro-consumer jurisprudence involving consumer loan cases. This development is still more noteworthy because the Supreme Court of Japan ignored the legislature’s intent to overturn its previous judgments and practically wiped out a statutory provision enacted by the legislature. As a result of this development, millions of consumers could demand refunds from consumer loan companies, and consumer loan companies went into serious financial troubles, …
The Future Of Securities Class Actions Against Foreign Companies: China And Comity Concerns,
2013
University of Michigan
The Future Of Securities Class Actions Against Foreign Companies: China And Comity Concerns, Dana M. Muir, Junhai Liu, Haiyan Xu
University of Michigan Journal of Law Reform
In Morrison v. National Australia Bank Ltd., the U.S. Supreme Court limited the application of U.S. securities fraud law in transnational situations. The Supreme Court noted that its decision was influenced by international comity considerations. In this Article, we evaluate the availability of class actions in China in cases involving alleged securities fraud. Because we find that the availability of those actions is too limited to fully protect U.S. shareholders, we argue that U.S. investors should be permitted to bring securities fraud class actions against non-U.S. companies whose securities are traded on a U.S. exchange regardless of where those investors …
The Role Of Courts In "Making" Law In Japan: The Communitarian Conservatism Of Japanese Judges,
2013
University of Washington School of Law
The Role Of Courts In "Making" Law In Japan: The Communitarian Conservatism Of Japanese Judges, John O. Haley
Washington International Law Journal
Professor Haley is an outstanding international and comparative law scholar, widely credited with having popularized Japanese legal studies in the United States. In 1969, Haley received a fellowship from the University of Washington and was in one of the first classes to graduate from the Asian Law Program, now, the Asian Law Center. After working for several years in law firms in Japan, he joined the law faculty at the University of Washington, where he remained for nearly twenty-six years during which time he directed the Asian and Comparative Law Program. In June 2012, Professor Haley was awarded The Order …
Uncertainty As Enforcement Mechanism: The New Expansion Of Secondary Copyright Liability To Internet Platforms,
2013
Loyola University New Orleans College of Law
Uncertainty As Enforcement Mechanism: The New Expansion Of Secondary Copyright Liability To Internet Platforms, John Blevins
Cardozo Law Review
This Article examines the role that legal uncertainty plays as a copyright enforcement mechanism against Internet platforms. In recent years, Internet platforms have faced a new wave of copyright enforcement actions arising from their users' activity. These actions include both civil secondary liability claims and public enforcement actions such as domain name seizures and criminal prosecution. In these enforcement actions, content owners understandably prefer broad secondary liability standards, but these standards remain subject to statutory and doctrinal constraints such as the DMCA safe harbor. Copyright owners, accordingly, are attempting to increase the breadth and expense of secondary copyright liability for …
Putting The Cisg Where It Belongs: In The Uniform Commercial Code,
2013
Touro University Jacob D. Fuchsberg Law Center
Putting The Cisg Where It Belongs: In The Uniform Commercial Code, Kina Grbic
Touro Law Review
No abstract provided.
The Behavior Of The French Army During The Dreyfus Affair,
2013
Touro University Jacob D. Fuchsberg Law Center
The Behavior Of The French Army During The Dreyfus Affair, General André Bach
Touro Law Review
Focuses on the how the French army participated in and influenced the Dreyfus affair. There are three main areas in which the French army played a large role: the incident of espionage, the legal case, and lastly, the political ramifications.
