Method, Community And Comparative Law: An Encounter With Complexity Science,
2011
IIT Chicago-Kent College of Law
Method, Community And Comparative Law: An Encounter With Complexity Science, David J. Gerber
All Faculty Scholarship
Assume that you are attending a symposium on comparative law being held in conjunction with the annual meeting of the American Society for Comparative Law. Comparative law scholars from many universities are present, and a few legal practitioners are attending as well. One speaker begins as follows: “This talk will be about complex adaptive systems—the emerging science of complexity.” Based on experience in similar contexts, I would anticipate several common reactions among members of the audience. The most common might be “he’s in the wrong room.” Another set of reactions is likely to be “What? What’s that? Never heard of …
An Introduction To Comparative Jury Systems (Symposium Editor),
2011
IIT Chicago-Kent College of Law
An Introduction To Comparative Jury Systems (Symposium Editor), Nancy S. Marder
All Faculty Scholarship
The jury is experiencing a renaissance worldwide. Countries that have never had a jury system, or have had one in the past, have turned to citizens to decide criminal cases. Countries, especially those that aspire to be more democratic, have begun to recognize the importance of having ordinary citizens participate in the criminal justice system. Meanwhile, countries with a longstanding jury tradition continue to maintain that tradition. As some countries consider how best to introduce the jury, or some variation of it such as a mixed court of laypersons and professional judges, and other countries consider how best to improve …
Two Weeks At The Old Bailey: Jury Lessons From England (Symposium Editor),
2011
IIT Chicago-Kent College of Law
Two Weeks At The Old Bailey: Jury Lessons From England (Symposium Editor), Nancy S. Marder
All Faculty Scholarship
As deeply-rooted as the jury is in the United States, it is not beyond improvement. There is no better starting place for ideas than England, which provided the model for our jury system. To learn firsthand about current jury practices in England, I spent two weeks observing criminal jury trials at the Old Bailey in London. My goal was to examine jury practices at the Old Bailey and to consider which ones could work well in the United States. I observed some jury practices that I thought we should adopt immediately, and others that would work well in the long …
From The Big Apple To Big Ben: An Insight Into Menu Labeling,
2011
Nova Southeastern University
From The Big Apple To Big Ben: An Insight Into Menu Labeling, Liza M. Escapa Lima
ILSA Journal of International & Comparative Law
Imagine looking around and recognizing that you are much heavier than your fellow peers.
Italian Constitutional And Cassation Courts: When The Right To Die Of An Unconscious Patient Raises Serious Institutional Conflicts Between State Powers,
2011
Nova Southeastern University
Italian Constitutional And Cassation Courts: When The Right To Die Of An Unconscious Patient Raises Serious Institutional Conflicts Between State Powers, Gianluca Gentili, Tania Groppi
ILSA Journal of International & Comparative Law
On February 9, 2009, the death of a young woman who had lain in a permanent vegetative state (PVS) for seventeen years brought an end to an unprecedented conflict between institutional powers in Italy.
The Unidroit Principles Of International Commercial Contracts: An Overview Of Their Utility And The Role They Have Played In Reforming Domestic Contract Law Around The World,
2011
Nova Southeastern University
The Unidroit Principles Of International Commercial Contracts: An Overview Of Their Utility And The Role They Have Played In Reforming Domestic Contract Law Around The World, Christine M. Whited
ILSA Journal of International & Comparative Law
Efforts to promote the unification of private substantive law took off in the latter part of the 20th century due to globalization, which rapidly increased the volume of international trade.
The 2011 Philip C. Jessup International Law,
2011
Nova Southeastern University
The 2011 Philip C. Jessup International Law, The State Of Ardenia, The State Of Rigalia
ILSA Journal of International & Comparative Law
The State of Ardenia filed this case against the State of Rigalia before the International Court of Justice pursuant to Article 36(2) of the Statute of the Court on May 5, 2010
An Analysis Of China's Human Rights Policies In Tibet: China's Compliance With The Mandates Of International Law Regarding Civil And Political Rights,
2011
Nova Southeastern University
An Analysis Of China's Human Rights Policies In Tibet: China's Compliance With The Mandates Of International Law Regarding Civil And Political Rights, Richard Klein
ILSA Journal of International & Comparative Law
Tibet is commonly viewed in the West as having been a "Shangri- La"-a utopia unspoiled by industrialization, commercialization, or pollution.
The 2011 Philip C. Jessup International Law,
2011
Nova Southeastern University
The 2011 Philip C. Jessup International Law, The State Of Ardenia, The State Of Rigalia
ILSA Journal of International & Comparative Law
The State of Rigalia and the State of Ardenia submit the present dispute concerning the Zetian Provinces to the International Court of Justice by Special Agreement, dated 5 May 2010, pursuant to article 40(1) of the Statute of the International Court ofJustice.
Gender Dimorphism In The United States Legal System: A "Post-Feminist" And Comparative Critique,
2011
Nova Southeastern University
Gender Dimorphism In The United States Legal System: A "Post-Feminist" And Comparative Critique, Jim Wilets
ILSA Journal of International & Comparative Law
In the last three decades, there has been extensive jurisprudential literature positing that the structure, values, and processes of the American legal and educational system, focusing heavily on adversarial battle among parties in court, and competition in law school, are fundamentally "male- centered.
Law In Isolation: The Legal History Of Pitcairn Island, 1900-2010,
2011
Nova Southeastern University
Law In Isolation: The Legal History Of Pitcairn Island, 1900-2010, Michael O. Eshleman
ILSA Journal of International & Comparative Law
"Mis-ter Chris-tian!" is a bark echoing through the decades, a byword for insubordination, thanks to Charles Laughton's signature-and quite fanciful-performance as Captain William Bligh, R.N., commander of the Royal Navy's Bounty
Yukos Universal V. Russia: Shell Companies And Treaty Shopping In International Energy Disputes,
2011
McCarthy Tetrault LLP
Yukos Universal V. Russia: Shell Companies And Treaty Shopping In International Energy Disputes, Paul M. Blyschak
Richmond Journal of Global Law & Business
No abstract provided.
Curb Your Enthusiasm: A Note On Employment Discrimination Lawsuits In China,
2011
Sichuan University Law School
Curb Your Enthusiasm: A Note On Employment Discrimination Lawsuits In China, Jiefeng Lu
Richmond Journal of Global Law & Business
No abstract provided.
The Sovereign Debtor's Prison: Analysis Of The Argentine Crisis Arbitrations And The Implications For Investment Treaty Law,
2011
American University
The Sovereign Debtor's Prison: Analysis Of The Argentine Crisis Arbitrations And The Implications For Investment Treaty Law, Robert M. Ziff
Richmond Journal of Global Law & Business
Over the last six years, several arbitration panels have released opinions in a series of disputes raised by investors against Argentina. In each case, foreign investors claim that Argentina's use of price controls and currency devaluation following the 2002 economic crisis constituted a violation of bilateral investment treaty obligations. Despite the fact that most claimants make identical allegations, many of these decisions are highly contradictory. In some cases Argentina is absolved of liability, while in others Argentina is held liable for hundreds of millions in damages. In aggregate, the claimants seek enough money to bankrupt the Argentine Republic.
Plurality Of Political Opinion And The Concentration Of The Media,
2011
University of Tennessee College of Law
Plurality Of Political Opinion And The Concentration Of The Media, Maurice Stucke
Book Chapters
No abstract provided.
Foreign Law As Legislative Fact In Constitutional Cases,
2011
University of Cincinnati College of Law
Foreign Law As Legislative Fact In Constitutional Cases, A. Christopher Bryant
Faculty Articles and Other Publications
Do we really need another law review article about foreign law in constitutional interpretation? In fact, we do. In the vast literature on the subject, a fundamental point has received scant attention. In the recent rulings that have stoked the present controversy, the Supreme Court has employed foreign law not as law, but rather merely as evidence of a legislative fact made relevant by domestic constitutional law. Commentators, however, have largely directed their attention to the merits of a genuine constitutional comparativism in which foreign law serves as a model for the creation of domestic constitutional doctrine. Many commentators have …
Standing On A Spectrum: Third Party Standing In The United States, Canada, And Australia,
2011
Barry University School of Law
Standing On A Spectrum: Third Party Standing In The United States, Canada, And Australia, Gwendolyn Mckee
Barry Law Review
This article examines third party standing cases in the United States, Canada, and Australia. It demonstrates that third party standing can only be understood with reference to the role of modern courts in broad-based, constitutional style rights protection. This type of protection has been the main factor driving courts to create exceptions to the traditional standing requirements. It is only once these exceptions have been established that a court begins to consider allowing third party standing in cases that do not involve rights. The effects of this theory can be seen in the three countries examined in this article.
Strategies Of Muslim Family Law Reform,
2011
Northwestern University School of Law
Strategies Of Muslim Family Law Reform, Kristen Stilt, Swathi Gandhavadi
Faculty Working Papers
Family law in Muslim-majority countries has undergone tremendous change over the past century, and this process continues today with intensity and controversy. In general, this change has been considered one of "reform," defined loosely as the adoption of national laws to modify the rules of Islamic law (fiqh) that had been applicable and predominant in the particular country in an effort to improve the rights of women and children. In most Muslim-majority contexts, however, the rules of fiqh remain particularly (and in some jurisdictions uniquely) relevant in the area of family law, and the reform process is usually presented as …
After Lehman: International Response To Financial Disputes - A Focus On Hong Kong,
2011
University of Hong Kong
After Lehman: International Response To Financial Disputes - A Focus On Hong Kong, Shahla F. Ali, John Koon Wang Kwok
Richmond Journal of Global Law & Business
No abstract provided.
Pakistan’S Failed Commitment: How Pakistan's Institutionalized Persecution Of The Ahmadiyya Muslim Community Violates The International Covenant On Civil And Political Rights,
2011
University of Richmond School of Law
Pakistan’S Failed Commitment: How Pakistan's Institutionalized Persecution Of The Ahmadiyya Muslim Community Violates The International Covenant On Civil And Political Rights, Qasim Rashid
Richmond Journal of Global Law & Business
The United Nations (“UN”) adopted the International Covenant on Civil and Political Rights (“ICCPR”) in 1966 and officially implemented it in 1976 to ensure, among other guarantees, that no human is denied his or her right to equal voting, freedom of political association, due process of law, freedom of life, freedom of religion, freedom of speech, and freedom of assembly. The Islamic Republic of Pakistan is among 166 nations that have signed and ratified the ICCPR. Since signing the ICCPR in 2008 and ratifying it in 2010, however, Pakistan has perpetuated state-sanctioned and violent persecution of religious minority groups such …
