Comparative and Foreign Law Commons^™

Global Legal Responses To Prenatal Gender Identification And Sex Selection, Seema Mohapatra

Nevada Law Journal

No abstract provided.

China's Foreign Invested Partnership Enterprise Law: The Lifeless Or Sleeping Dragon?, Samuel H. Shaddox

Washington International Law Journal

Investors and the Chinese government tout the March 2010 authorization of the Foreign Invested Partnership as an exciting new method for foreign investment in China. However, this comment argues that the Foreign Invested Partnership is not likely to become a vibrant short or long-term platform for foreign direct investment. The historical trends of China’s three other vehicles for foreign direct investment from 1979 to the present provide two key conclusions. First, foreign investors will not utilize Foreign Invested Partnerships until they receive detailed implementing regulations from China’s central government. Second, support or restrictions from the Chinese government can drive or …

Faith, Freedom, And Us Foreign Policy: Avoiding The Proverbial Clash Of Civilizations In East And Southeast Asia, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In the immediate aftermath of 9/11, the primary weakness of US foreign policy, particularly in Southeast Asia which is home to the largest Muslim community in the world, was that it was driven by concerns over archipelagic Southeast Asia as the “second front” in the “global war against terror.” Military warfare and coercive legislation and enforcement are grossly inadequate in winning the hearts and minds of a community. Religion-wise, Asia is not a tabula rosa. Many religions have long co-existed in Asia. The virtues of religious freedom are not alien to Asia but need nurturing given the dominant imperatives of …

Recognizing The Feminization Of Displacement: A Proposal For A Gender-Focused Approach To Local Integration In Ecuador, Johanna L. Gusman

Washington International Law Journal

The feminization of displacement refers to the phenomenon in which women represent an increasingly disproportionate percentage of displaced populations worldwide. The objective of this comment is to raise awareness of this growing problem and recommend that policymakers craft legal responses to better address this reality, using Ecuador as an example. Specifically, this comment outlines how a gender-focused approach to local integration in Ecuador can rectify a refugee policy that never once mentions gender and is silent on the most pressing issues facing refugee women and girls in the area: sexual and gender-based violence. Through the proposal put forth in this …

A Convenient Path For The Brazilian Branches Of Government: Executive Supremacy, Carlos Bolonha

Schmooze 'tickets'

No abstract provided.

The Human Rights Of Women In The Hong Kong Special Administration Region, Puja Kapai

William & Mary Journal of Race, Gender, and Social Justice

Although Hong Kong is a party to the Convention for the Elimination of All Forms of Discrimination Against Women (CEDAW) and has enacted legislation to safeguard women’s rights, the existing framework of protection is inadequate in critical respects and fails to achieve substantive equal protection for women. This paper examines existing law and policy governing women’s rights and identifies the underlying causes for its continued failings. It identifies some of the key gaps that render women continually vulnerable to discriminatory treatment. This paper concludes by outlining recommendations for achieving the goals of substantive and transformative equality for women.

Company Law In The European Union And The United States: A Comparative Analysis Of The Impact Of The Eu Freedoms Of Establishment And Capital And The U.S. Interstate Commerce Clause, Christoph Allmendinger

William & Mary Business Law Review

Since the decision of the European Court of Justice in the Centros case, it has become popular in company law to draw comparisons between the United States economic constitution and the Single European Market. Since then, fears of a European “Delaware Effect,” which would create a “race to the bottom,” have hounded the debate on European company law. In this discussion, however, the unique constitutional framework of both the EU and the U.S. is seldom regarded. This constitutional framework, nevertheless, determines the behavior of both the legislators at state level and the market participants. This Article compares the impact of …

In Personam (Criminal) Forfeiture And Federal Drug Felonies: An Expansion Of A Harsh English Tradition Into A Modern Dilemma, William J. Hughes, Edward H. O'Connell Jr.

Pepperdine Law Review

No abstract provided.

Classifying Constitutions: Preliminary Conceptual Analysis, Pasquale Pasquino

Cardozo Law Review

No abstract provided.

Mexico's Maquiladoras Examined: Are In-Bond Production Plants The Wave Of The Future?, Norman R. Gritsch

Pepperdine Law Review

No abstract provided.

Privacy Laws And Privacy Levers: Online Surveillance Versus Economic Development In The People's Republic Of China, Ann Bartow

Law Faculty Scholarship

This essay describes and contextualizes the ongoing efforts by the Communist Party of China (CPC) to reconcile two dramatically competing interests: the desire to extensively monitor the communications of its citizenry, and a burning ambition to further develop its banking and financial industries, its high tech innovation capabilities, and its overall share of the “knowledge economy.” Monitoring and censoring communications, especially via “one to many” social networking platforms, is viewed as essential for the prevention of mass anti-Party political activities ranging from peaceful civil disobedience to armed insurrection and for the protection of the reputations of individual Party leaders. Mobile …

Redemption Deferred: Military Commissions In The War On Terror And The Charge Of Providing Material Support For Terrorism, Dana M. Hollywood

UC Law SF International Law Review

On June 24, 2011, the Court of Military Commission Review (CMCR) released its decision in the case of U.S. v. Hamdan, holding that material support for terrorism (MST) constitutes a law of war violation. The Court of Appeals for the D.C. Circuit granted certiorari and heard oral arguments in the case on May 3, 2012. The court released its decision on October 16, 2012, as this article was going to the publisher. This article argues that the charge of MST is not a violation of the law of war, and that is the conclusion ultimately reached by the D.C. Circuit. …

Information Freedom, A Constitutional Value For The 21st Century, Christopher Witteman

UC Law SF International Law Review

On July 2, 2012, Verizon filed a brief with the United States Court of Appeals, District of Columbia Circuit, stating that the open-network, antidiscrimination rules adopted by the Federal Communications Commission "violate[d] the First Amendment by stripping [Verizon] of control over the transmission of speech on [its] network." Verizon argued that its broadband network is its "microphone" and its "newspaper," essentially claiming the online communications of some 200 million Americans as its own.

This article first describes how the United States First Amendment and communications law have evolved to a point where Verizon's argument is plausible. It then compares our …

Asia And Global Competition Law Convergence, David J. Gerber

All Faculty Scholarship

No abstract provided.

Sexual Violence, The Ad Hoc Tribunals And The International Criminal Court: Reconciling Akayesu And Kunarac, Caleb J. Fountain

ILSA Journal of International & Comparative Law

The International Criminal Court (ICC) will soon be the dominant international forum adjudicating allegations of international crimes, as those currently in operation are projected to complete their mandates in the next few years.

Anticipatory Slef-Defense And The Israeli-Iranian Crisis: Some Remarks, Charles J. Dunlap, Jr.

ILSA Journal of International & Comparative Law

Few contemporary issues of international security are more prominent than the dilemma posed by Iranian efforts to develop a nuclear weapon.

International Law Weekend, American Branch Of The International Law Association Perspectives On Crimes Of Sexual Violence In International Law, Susana Sa'couto

ILSA Journal of International & Comparative Law

Sexual and gender-based violence (SGBV) during conflict and periods of repression has been a problem in every region of the globe.

The Powers Of Congress And The President On Matters That Affect U.S. Foreign Affairs, Malvina Halberstam

ILSA Journal of International & Comparative Law

The subject of this Panel' is the authority of Congress and the President on matters that affect foreign affairs, when they disagree.

Does The International Criminal Court Have Jurisdiction Over The Recruitment And Use Of Child Pirates And The Interfereence With The Delievery Of Humanitarian Aid By Somali Pirates?, Duncan Gaswaga

ILSA Journal of International & Comparative Law

Maritime piracy is a very unique offence planned on dry land and executed on the high seas, a place falling under the jurisdiction of no state, by men and boys recruited and facilitated by pirate kingpins and financiers.

Liberty And Justice For All: The Convention On The Rights Of Persons With Disabilities, Eme Grant, Rhonda Neuhaus

ILSA Journal of International & Comparative Law

At the heart of every just society are mechanisms that ensure full inclusivity of citizenry, equal rights to both representation and reparation, and impartial judgment.