Internal Legitimacy And Europe's Piecemeal Constitution: Reflections On Van Gend At 50,
2013
University of Michigan Law School
Internal Legitimacy And Europe's Piecemeal Constitution: Reflections On Van Gend At 50, Daniel H. Halberstam
Book Chapters
Europe is often said to lack a proper constitution of the radical American kind. That may be so, but there is a different, more promising sense in which Europe might be following the very best of the constitutional tradition.
Worldwide Access To Foreign Law: International And National Developments Toward Digital Authentication,
2013
University of Florida Levin College of Law
Worldwide Access To Foreign Law: International And National Developments Toward Digital Authentication, Claire M. Germain
UF Law Faculty Publications
This paper was originally presented at the World Library & Information Congress of the International Federation of Library Associations and Institutions (IFLA), Helsinki, Finland, August 2012, as part of a panel on Promoting Global Access to Law: Developing an Open Access Index for Official Authenticated Legal Information, Part II. Europe. It focuses on worldwide access to the official word of the law, specifically to statutes, codes, regulations, court decisions, and international agreements in different foreign countries. The importance of improving global access to foreign law was highlighted at a 2012 joint European Commission/Hague Conference on Private International Law, with the …
Optimizing English And American Security Interests,
2013
University of Florida Levin College of Law
Optimizing English And American Security Interests, Lynn M. Lopucki, Arvin I. Abraham, Bernd P. Delahaye
UF Law Faculty Publications
Since the adoption of Uniform Commercial Code Article 9 in American jurisdictions in the 1960s, scholars have debated the desirability of the extraordinary priority given to secured creditors. Through a point-by-point comparison of English and American security interests, this article provides a new perspective on that long-running debate. The comparison reveals that security functions in strikingly similar manners in the two jurisdictions, while differing sharply in one crucial respect. In contrast to the absolute priority given secured creditors under American law, English law subordinates floating charges to administrative expenses, preferential creditors, and a prescribed share for unsecured creditors. Other, less …
From Opera To Real Democracy: Popular Constitutionalism And Web 2.0,
2013
University of Florida Levin College of Law
From Opera To Real Democracy: Popular Constitutionalism And Web 2.0, Elizabeth Dale
UF Law Faculty Publications
On March 17, 2011 the conductor Riccardo Muti stood in the orchestra pit at the Teatro dell’Opera di Roma and, in the presence of the Italian Prime Minister, Silvio Berlusconi, and the Italian President, Giorgio Napolitano, denounced the Italian government’s cuts to funding for the arts and culture. He then invited the entire audience to join the opera’s chorus in an encore of Va’ Pensiero, the hymn of the Hebrew slaves in Nabucco, to protest the cuts. Within two days of the sing-a-long, the Italian government reversed the course it set more than ten months before and agreed to a …
The Conceptual And Jurisprudential Aspects Of Property In The Context Of The Fundamental Rights Of Indigenous People: The Case Of The Shuar Of Ecuador,
2013
University of Florida Levin College of law
The Conceptual And Jurisprudential Aspects Of Property In The Context Of The Fundamental Rights Of Indigenous People: The Case Of The Shuar Of Ecuador, Winston P. Nagan, Craig Hammer
UF Law Faculty Publications
This article draws attention to several problems relating to indigenous ownership of both real and intellectual property, and their related impact upon the well-being and essential dignity of indigenous peoples. Part II of this article introduces the concept of indigenous ownership of real and intellectual property. Part III digs deeper into challenges to indigenous ownership of land, using the Shuar people of Ecuador as a case study. Part IV examines the problem of bioprospecting, as well as some of its implications, and discusses how the problem has affected the Shuar. It additionally summarizes a few steps toward developing an effective …
Popular Discontent, Revolution, And Democratization In Egypt In A Globalizing World,
2013
Alexandria University, Egypt
Popular Discontent, Revolution, And Democratization In Egypt In A Globalizing World, Abdel-Fattah Mady
Indiana Journal of Global Legal Studies
This paper examines how informal, discontent actors in Egypt have evolved in a globalizing world and their role in the January 25th revolution. It focuses on the effects of the deteriorating economic and social conditions in Egypt related to the former regime's policy and the role of mass media, information, and communication technologies in facilitating mobilization, recruitment, and eventually the popular uprising. This paper also discusses the issue of how informal discontent protesters and groups formulate their goals and organize themselves to exert pressure on formal institutions of the state. The main conclusion is that informal actors have not yet …
Globalization, The Rule Of (Administrative) Law, And The Realization Of Democratic Governance In Africa: Realities, Challenges, And Prospects,
2013
University of Nairobi
Globalization, The Rule Of (Administrative) Law, And The Realization Of Democratic Governance In Africa: Realities, Challenges, And Prospects, Migai Akech
Indiana Journal of Global Legal Studies
This article reviews the impact of globalization on democracy in Africa. It sees globalization, which has largely taken the shape of neoliberalism, as leading to the development of a minimalist conception of democracy in African countries. Further, this article contends that administrative law norms, which are increasingly embraced in Constitutions and judicial decisions world over, can be useful instruments for deepening democracy in Africa. That is, the establishment and implementation of elaborate regimes of administrative law (containing principles, procedures, and remedies that circumscribe the exercise of both public and private power) can contribute to the realization of democratic governance in …
The Judicial Reform In China: The Status Quo And Future Directions,
2013
KoGuan Law School,
The Judicial Reform In China: The Status Quo And Future Directions, Ji Weidong
Indiana Journal of Global Legal Studies
This article shows that Chinese adjudication is in a dilemma: on one hand, the judicial discretion is extensive; on the other hand, public opinion supervision is adopted to control the discretion. In fact, the public opinion and judicial discretion could co-exist and compliment one another. There is no objective and stable framework regulating both. There are attempts aiming to completely negate the judicial discretion, such as computer sentencing. A strange logic of judicial reform exists in China: either eliminating the judicial discretion through such mechanical methods as computer sentencing in the hope to guarantee judgment in conformity with the law; …
The Difference A Justice May Make: Remarks At The Symposium For Justice Ruth Bader Ginsburg,
2013
University of Michigan Law School
The Difference A Justice May Make: Remarks At The Symposium For Justice Ruth Bader Ginsburg, Suzanne Baer
Articles
First, I will briefly summarize the state of the art of equality law in Germany today. A distinct dimension of this story from a European Union member state is that we are not just theorizing postnational constitutionalism these days, but that we live it already, since law is not anymore isolated as national but needs to be seen in the context of transnational migration and multinational regimes. Second, I turn to a key feature and key challenge in and to equality law today. It is what I have called the triangle of fundamental rights, referring to the three most prominent …
Private Regulation Of Insider Trading In The Shadow Of Lax Public Enforcement: Evidence From Canadian Firms,
2013
University of Michigan Law School
Private Regulation Of Insider Trading In The Shadow Of Lax Public Enforcement: Evidence From Canadian Firms, Laura Nyantung Beny, Anita Anand
Articles
Like firms in the United States, many Canadian firms voluntarily restrict trading by corporate insiders beyond the requirements of insider trading laws (i.e., super-compliance). Thus, we aim to understand the determinants of firms’ private insider trading policies (ITPs), which are quasi-contractual devices. Based on the assumption that firms that face greater costs from insider trading (or greater benefits from restricting insider trading) ought to be more inclined than other firms to adopt more stringent ITPs, we develop several testable hypotheses. We test our hypotheses using data from a sample of firms included in the Toronto Stock Exchange/Standard and Poor’s (TSX/S&P) …
A Presumptively Better Approach To Arbitrability,
2013
University of Michigan Law School
A Presumptively Better Approach To Arbitrability, John A. E. Pottow, Jacob Brege, Tara J. Hawley
Articles
One of the most complex problems in the arbitration field is the question of who decides disputes over the scope of an arbitrator's purported authority. Courts in Canada and the United States have taken different approaches to this fundamental question of "arbitrability" that necessarily arises when one party disputes the contractual validity of the underlying "container" contract carrying the arbitration clause. If arbitration is a creature of contract, and contract is a product of consensual agreement, then any dispute that impugns the underlying consent of the parties to the container contract implicates the arbitration agreement itself (i.e., no contract, no …
Treaty Interpretation And Constitutional Transformation: Informal Change In International Organizations.,
2013
University of Michigan Law School
Treaty Interpretation And Constitutional Transformation: Informal Change In International Organizations., Julian Arato
Articles
Like all constituted bodies of government, international organizations change over time-sometimes in profound and unexpected ways. Besides developing through the obvious mechanism of formal amendment by the constituent member states, these governance bodies can and do undergo a more autonomous kind of constitutional development-what might be called informal constitutional change or transformation. This type of quiet evolution may occur on different levels-including the reordering of the organization's internal architecture in terms of the relative competences of its various organs, as well as the development of the powers of the organization as a whole vis-avis the states parties. Unlike formal amendment, …
The Dilemma Of Public–Private Partnerships As A Vehicle For The Provision Of Regional Transport Infrastructure Development In Africa,
2013
Dalhousie University Schulich School of Law
The Dilemma Of Public–Private Partnerships As A Vehicle For The Provision Of Regional Transport Infrastructure Development In Africa, Olabisi D. Akinkugbe
Articles, Book Chapters, & Popular Press
With regional economic integration (REI) as a major strategy for development, the African continent hosts a plethora of regional economic communities of varying ambition longevity and success. While in the 1970s, political-economic ideas built mainly on the “developmental state” informed the design of most of these agreements, the change in economic thought in the 1980s which ushered in the “neoliberal turn” has since influenced the design of most REI schemes in Africa, including the New Partnership for African Development. However, among other factors, inadequate transport infrastructure linking regions poses a major impediment to regional trade and development in Africa. The …
A Community Of Procedure Scholars: Teaching Procedure And The Legal Academy,
2013
Southern Methodist University - Dedman School of Law
A Community Of Procedure Scholars: Teaching Procedure And The Legal Academy, Elizabeth Thornburg, Erik S. Knutsen, Carla Crifo', Camille Cameron
Articles, Book Chapters, & Popular Press
This article asks whether the way in which procedure is taught has an impact on the extent and accomplishments of a scholarly community of proceduralists. Not surprisingly, we find a strong correlation between the placement of procedure as a required course in an academic context and the resulting body of scholars and scholarship. Those countries in which more civil procedure is taught as part of a university degree — and in which procedure is recognized as a legitimate academic subject — have larger scholarly communities, a larger and broader corpus of works analyzing procedural issues, and a richer web of …
Filial Support Laws In The Modern Era: Domestic And International Comparison Of Enforcement Practices For Laws Requiring Adult Children To Support Indigent Parents,
2013
Penn State Dickinson School of Law
Filial Support Laws In The Modern Era: Domestic And International Comparison Of Enforcement Practices For Laws Requiring Adult Children To Support Indigent Parents, Katherine C. Pearson
Faculty Scholarship
Family responsibility and support laws have a long but mixed history. When first enacted, policy makers used such laws to declare an official policy that family members should support each other, rather than draw upon public resources. This article tracks modern developments with filial support laws that purport to obligate adult children to financially assist their parents, if indigent or needy. The author diagrams filial support laws that have survived in the 21st Century and compares core components in the United States (including Puerto Rico) and post-Soviet Union Ukraine. While the laws are often similar in wording and declared intent, …
Issues And Trends In Collection Development For East Asia Legal Materials,
2013
Duke Law School
Issues And Trends In Collection Development For East Asia Legal Materials, Jootaek Lee, Alex Zhang, Keiko Okuhara, Evelyn Ma
Faculty Scholarship
The authors delineate the general policy and guidelines for developing foreign and transnational law collections in U.S. law libraries, and they analyze factors that shape East Asian collections, such as law libraries’ preservation and digitization efforts and their related cost-efficiency, and the availability and quality of English translations. The authors then discuss the main sources for Korean, Japanese, and Chinese law.
Trends In Global And Canadian Lawyer Education,
2013
Penn State Dickinson Law
Trends In Global And Canadian Lawyer Education, Laurel S. Terry
Faculty Scholarly Works
Globalization and technology have changed the practice of law in dramatic ways. This is true not only in the U.S. and Canada, but around the world. Global regulatory trends have begun to emerge as lawyer regulators have had to respond to new developments. In 2012, Australian regulators Steve Mark and Tahlia Gordon and the author, who is a U.S. academic, documented some of these global trends in lawyer regulation. See Laurel S. Terry, Steve Mark, & Tahlia Gordon, Trends and Challenges in Lawyer Regulation: The Impact of Globalization and Technology, 80 Fordham L. Rev. 2661 (2012), https://works.bepress.com/laurel_terry/95/. Their article concluded …
Litigation As A Measure Of Well-Being,
2013
Cornell Law School
Litigation As A Measure Of Well-Being, Theodore Eisenberg, Sital Kalantry, Nick Robinson
Cornell Law Faculty Publications
No abstract provided.
Illuminating Corruption Pathways: Modifying The Fcpa's "Grease Payment" Exception To Galvanize Anti-Corruption Movements In Developing Nations,
2013
Bragg & Kuluva
Illuminating Corruption Pathways: Modifying The Fcpa's "Grease Payment" Exception To Galvanize Anti-Corruption Movements In Developing Nations, Ivan Perkins
Cardozo Journal of International and Comparative Law
The article argues that the Foreign Corrupt Practices Act (FCPA) should be modified to require companies to report "grease payments," small bribes intended to expedite routine government actions. This change aims to enhance transparency, align U.S. law with stricter international standards, and combat corruption more effectively. The proposal suggests that mandating disclosure of such payments to the Department of Justice (DOJ), which would then publish the information online, would help activists, journalists, and foreign governments identify and address corruption. While the article acknowledges potential challenges, such as companies circumventing reporting or facing reputational risks, it emphasizes the long-term benefits of …
Contested States And The Rights And Obligations Of The Jus Ad Bellum,
2013
Liverpool Law School
Contested States And The Rights And Obligations Of The Jus Ad Bellum, Christian Henderson
Cardozo Journal of International and Comparative Law
The article examines the rights and obligations of contested states under the jus ad bellum, arguing that these entities, despite lacking widespread recognition as states, should be considered international legal persons. It challenges the traditional state-only conception of international personality and advocates for a recognition-based approach, which would extend the prohibition of the use of force and the right to self-defense to contested states. The analysis highlights the complexities and contradictions in applying these principles, particularly regarding collective self-defense, and suggests that a pragmatic interpretation could balance international peace and security with the legal protection of contested states.
