Comparative and Foreign Law Commons^™

Brazilian Regularization Of Title In Light Of Moradia, Compared To The United States Understandings Of Homeownership And Homelessness, Marc R. Poirier

University of Miami Inter-American Law Review

No abstract provided.

Welfare Standards In U.S. And E.U. Antitrust Enforcement, Roger D. Blair, D. Daniel Sokol

UF Law Faculty Publications

The potential goals of antitrust are numerous. Goals matter to antitrust. We believe that it is total welfare rather than consumer welfare that should drive antitrust analysis. We use this Article as an opportunity to explore both a comparative analysis of welfare standards across E. U. and US. competition systems and the impact of welfare standards on global antitrust systemwide welfare.

In this Article, we analyze two types of situations in which there would be a different outcome based on the goal implemented. One scenario involves resale price maintenance (RPM). For RPM, we argue that even if there were a …

The Expansion Of Trademark Rights In Europe, Irina Pak

IP Theory

No abstract provided.

Ecuador’S Decision To Grant Asylum To Julian Assange : The Manifestation Of Human Security?, Atik Kusriyati

Indonesian Journal of International Law

Ecuador’s decision to grant asylum to Julian Assange (Australian citizen) on August 16, 2012 has caused several impacts. Julian Assange, the founder of WikiLeaks, was arrested in Britain in connection with a Swedish investigation into accusations of sexual offenses. But United States Law enforcement official said that the fact that he was in custody did not affect their deliberations about whether he might be charged in this country in connection with publication of leaked government documents. Being disappointed with the decission, the British authorities sent a written notice to the Ecuador’s Embassy in London that they would assault the Embassy …

Prosecuting Those Bearing Greatest Responsibility: The Lessons Of The Special Court For Sierra Leone, Charles C. Jalloh

Articles

This Article examines the controversial article 1(1) of the Statute of the Special Court for Sierra Leone (SCSL) giving that tribunal the competence "to prosecute those who bear the greatest responsibility" for serious international and domestic crimes committed during the latter part of the notoriously brutal Sierra Leonean conflict. The debate that arose during the SCSL trials was whether this bare statement constituted a jurisdictional requirement that the prosecution must prove beyond a reasonable doubt or merely a type of guideline for the exercise of prosecutorial discretion. The judges of the court split on the issue. This paper is the …

Public Interest Litigation And The Transformation Of The Supreme Court Of India, Manoj Mate

Contributions to Books

Published as Chapter 10 in Consequential Courts: Judicial Roles in Global Perspective, Diana Kapiszewski, Gordon Silverstein & Robert A. Kagan, eds. (2013).

The Supreme Court of India today is arguably one of the most powerful constitutional courts in the world. The Court has taken on an active and central role in the governance of the Indian polity through its activity in public interest litigation cases, and in some cases, has virtually taken over functions that were once the domain of Parliament and the Executive. Within the past two decades, the Indian Court wrested control over judicial appointments from the Executive, …

Judges Talking To Jurors In Criminal Cases: Why U.S. Judges Do It So Differently From Just About Everyone Else, Paul Marcus

Faculty Publications

No abstract provided.

Explaining The Progression Of The Rights Of Same-Sex Couples In South America, Daniel De La Cruz

San Diego International Law Journal

A trend of rights advocacy has recently developed in the international community. Organizations dedicated to the principle of advancing the rights of historically under-represented and oppressed social groups have proliferated around the globe. The growth of the gay rights movement in recent years has resulted in the expansion of civil liberties afforded to same-sex couples. The movement has gained significant success in symbolic expression. Even without much knowledge of the movement, one typically associates a rainbow flag, the Greek letter lambda, and the word “pride” with the effort. Unfortunately, the movement has not achieved comparable substantive success. Same-sex couples continue …

Drawing The Line Between Competing Interests: Strengthening Online Data Privacy Protection In An Increasingly Networked World, Lori Chiu

San Diego International Law Journal

This article seeks to elucidate these issues and provide a roadmap for the U.S. government to create unified federal laws to provide the private sector with specific protocols regarding use and dissemination of consumer personal information. First, this article will provide an explanation of the U.S.’s current sector-by-sector approach to regulating personally identifying information and will provide a case study of the Federal Trade Commission’s (“FTC”) enforcement action against a social networking site in 2011 as one example of the FTC’s recent efforts at regulating online privacy. Next, this article will analyze the U.S.’s current challenge of judicial enforcement of …

Regulating Violence In Video Games: Virtually Everything, Alan Wilcox

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

A Specter Is Haunting The Financial Industry - The Specter Of The Global Financial Crisis: A Comment On The Imminent Expansion Of Consumer Financial Protection In The United States, The United Kingdom, And The European Union, Daniel Lamb

Journal of the National Association of Administrative Law Judiciary

This Comment explores the regulatory fallout from the global financial crisis. Across borders, policy makers are united in their conviction to reconcile the perceived failures of their predecessors to foresee and prevent the crisis, the effects of which show no signs of abating. A critical component of what caused the crisis was the inability to correct failures in the consumer credit market, specifically in subprime mortgages. Exacerbated by an influx of capital and a generally weak regulatory environment, this market failure manifested itself forcefully through a tidal wave of defaults in the American mortgage market that sent shock waves around …

Education For Judicial Aspirants, Keith R. Fisher

Journal of the National Association of Administrative Law Judiciary

Introductory judicial education (IJE) is an avenue for improving both appointive and elective systems of judicial selection. The impetus for considering this topic can be traced back to lingering unease with judicial selection and the ongoing (though now somewhat stagnant) debate over merit selection. Moreover, changes in the nature of law practice and the judicial role over the past several decades have rendered the gap between those two activities increasingly large. Moreover, surveys of minority communities have consistently demonstrated a far lower degree of confidence in the impartiality and fairness of our nation’s judges. IJE is an effort to maximize …

The Spanish Law On Same-Sex Marriage: Constitutional Arguments, Carmen Garcimartin

Brigham Young University Journal of Public Law

No abstract provided.

Equality Principles As Asserted Justifications For Mandating The Legalization Of Same-Sex Marriage In American And Intercountry-Comparative Constitutional Law, Lynn D. Wardle

Brigham Young University Journal of Public Law

No abstract provided.

How The Battle To Redefine Marriage Affected Family Law In Argentina, Ursula C. Basset

Brigham Young University Journal of Public Law

No abstract provided.

The Constitutionality Of Same-Sex Marriage In Australia (And Other Related Issues), Augusto Zimmermann

Brigham Young University Journal of Public Law

No abstract provided.

Indigenous Restitution In Settling Water Claims: The Developing Cultural And Commercial Redress Opportunities In Aotearoa, New Zealand, Jacinta Ruru

Washington International Law Journal

Water is important to all peoples, including indigenous peoples. In recent years, the government in Aotearoa, New Zealand has utilized various cultural redress-type legal mechanisms to recognize and revive the importance of water to the Maori people’s identity, health, and wellbeing. These mechanisms create revolutionary modern opportunities for Maori to participate in the decision-making of how specific waters are used and protected. In particular, the negotiated agreements for the Te Arawa Lakes, and the Waikato, Waipa, and Whanganui rivers are studied in this article as prominent examples of how the government has agreed to, for example, co-management regimes. With the …

Protecting The Spiritual Beliefs Of Indigenous Peoples—Australian Case Studies, Michael Blakeney

Washington International Law Journal

This article examines the extent to which the spiritual beliefs of Aboriginal and Torres Strait Islander Peoples are protected under current Australian law. The first significant recognition by the High Court of Australia of the legal rights of indigenous peoples was in relation to native title over real property. As those peoples define their status and society by reference to their relationship with the land, this article considers the ultimately unsuccessful attempt to protect their spiritual beliefs as an incident of native title law. It reviews a line of intellectual property cases which have been a more fruitful source of …

The Struggle For Laws Of Free, Prior, And Informed Consultation In Peru: Lessons And Ambiguities In The Recognition Of Indigenous Peoples, Elizabeth Salmón G.

Washington International Law Journal

Despite the fact that Peru ratified ILO Convention 169 on December 2, 1993 and was therefore bound by those dispositions, it adopted public policies without consulting indigenous people. This lack of dialogue led to social conflict over the management of natural resources. In June 2009, a violent episode of social unrest emerged in the provinces of Bagua and Utcubamba during the government of Alan García after the entry into force of the United States-Peru Trade Promotion Agreement (“PTPA”). Indigenous people believed that PTPA aimed to sacrifice rainforest conservation for oil and mining exploitation. In this context, indigenous people grew frustrated …

Undrip And The Intervention: Indigenous Self-Determination, Participation, And Racial Discrimination In The Northern Territory Of Australia, Anna Cowan

Washington International Law Journal

The adoption of the United Nations Declaration on the Rights of Indigenous Peoples (“UNDRIP”) by the General Assembly in 2007 was a landmark achievement in the development of indigenous rights under international law, particularly through its unequivocal recognition of indigenous peoples’ right to self-determination. That same year, Australia launched a comprehensive Intervention into Aboriginal communities in the Northern Territory, which purported to safeguard important human rights but was heavily criticized for its discriminatory and non-consultative approach. This article explores the meaning of self-determination under international law, now that the long debate over whether indigenous peoples are “peoples” has finally been …