Promoting Social Justice Values And Reflective Legal Practice In Chinese Law Schools,
2011
Pacific McGeorge School of Law
Promoting Social Justice Values And Reflective Legal Practice In Chinese Law Schools, Brian K. Landsberg
Global Business & Development Law Journal
No abstract provided.
Experiential Learning Through Community Lawyering: A Proposal For Indian Legal Education,
2011
West Bengal National University of Juridical Sciences
Experiential Learning Through Community Lawyering: A Proposal For Indian Legal Education, Supriya Routh
Global Business & Development Law Journal
No abstract provided.
Blackberry's Jam: Research In Motion's Struggle To Protect Smartphone Users' Internet Privacy Highlights Need For Shared Industry Standards,
2011
Pacific McGeorge School of Law
Blackberry's Jam: Research In Motion's Struggle To Protect Smartphone Users' Internet Privacy Highlights Need For Shared Industry Standards, Darren R. Sweetwood
Global Business & Development Law Journal
No abstract provided.
The Niger Delta And Human Rights Lawsuits: A Search For The Optimal Legal Regime,
2011
Pacific McGeorge School of Law
The Niger Delta And Human Rights Lawsuits: A Search For The Optimal Legal Regime, Micaela L. Neal
Global Business & Development Law Journal
No abstract provided.
Using Comparative And Transitional Corporate Law To Teach Corporate Social Responsibility,
2011
Pacific McGeorge School of Law
Using Comparative And Transitional Corporate Law To Teach Corporate Social Responsibility, Franklin A. Gevurtz
Global Business & Development Law Journal
No abstract provided.
The Human Right Of Sanitation For All: A Study Of India,
2011
Pacific McGeorge School of Law
The Human Right Of Sanitation For All: A Study Of India, Rebecca M. Coleman
Global Business & Development Law Journal
No abstract provided.
The Role Of Law Schools In Educating Judges To Increase Access To Justice,
2011
Loyola Law School
The Role Of Law Schools In Educating Judges To Increase Access To Justice, Sande L. Buhai, Ved Kumari, Amari Omaka C., Stephen A. Rosenbaum, Supriya Routh, Anne Taylor
Global Business & Development Law Journal
No abstract provided.
Going Long On The Nairobi Exchange,
2011
Cadwalader, Wickersham & Taft
Going Long On The Nairobi Exchange, Bryan T. Shipp
Global Business & Development Law Journal
No abstract provided.
Global Issues In Criminal Procedure,
2011
Pacific McGeorge School of Law
Global Issues In Criminal Procedure, Linda Carter, Christopher L. Blakesley, Peter J. Henning
McGeorge School of Law Teaching Materials
This book provides an overview of constitutional issues that arise when searches, seizures, and interrogations occur outside the United States. Global Issues examines prosecutions in U.S. courts that involve evidence obtained abroad and the reach of the Fourth Amendment when the searches and seizures involve U.S. citizens abroad compared with non-U.S. citizens. Cases such as Verdugo-Urquidez and Alvarez-Machain are included, along with sections on electronic surveillance and the reach of the Fifth Amendment and Due Process Clause abroad, plus materials on torture and extraordinary renditions. There is also a short discussion of indefinite detention in places like Guantanamo Bay, Afghanistan, …
Linguistic Rights Of Indigenous Peoples In The States Of Latin America,
2011
University of Oviedo
Linguistic Rights Of Indigenous Peoples In The States Of Latin America, Jose Manuel Perez Fernandez
Intercultural Human Rights Law Review
The protection of language rights of speakers of indigenous languages has experienced important developments in the Latin American sphere, which has served as a framework for the whole process of recognition of cultural and ethnical identity of Indigenous Peoples. This reflects a rejection of assimilation, and an assertion of multicultural and multilingual aspects in Latin American societies. On the one hand, the author focuses on the role that international law instruments related to human rights, those for the general protection of minorities and those specific for the indigenous peoples, may perform in the recognition of linguistic rights when granting legal …
The Turn To Legal Interpretation In Latin America,
2011
Florida International University College of Law
The Turn To Legal Interpretation In Latin America, Jorge L. Esquirol
Faculty Publications
No abstract provided.
Using Comparative And Transitional Corporate Law To Teach Corporate Social Responsibility ,
2011
Pacific McGeorge School of Law
Using Comparative And Transitional Corporate Law To Teach Corporate Social Responsibility , Franklin A. Gevurtz
McGeorge School of Law Scholarly Articles
No abstract provided.
Misuse And Abuse Of Legal Argument By Analogy In Transjudicial Communication: The Case Of Zaheeruddin V. State,
2011
Latham & Watkins
Misuse And Abuse Of Legal Argument By Analogy In Transjudicial Communication: The Case Of Zaheeruddin V. State, Amjad Mahmood Khan
Richmond Journal of Global Law & Business
This article explores the risks and limits of transjudicial communication. In particular, I critique the scholarly contention that transjudicial communication can be built upon commonly accepted methods of legal reasoning. I argue that transnational courts do not uniformly understand or apply commonly accepted methods of legal reasoning, especially legal argument by analogy. As a result, transnational courts that utilize transjudicial communication can and do render specious, even destructive, judicial opinions. I analyze the case of Zaheeruddin v. State—a controversial decision by the Supreme Court of Pakistan that upheld the constitutionality of Pakistan’s antiblasphemy ordinances. The Supreme Court of Pakistan poorly …
A Comparative Analysis Of The Foreign Corrupt Practices Act And The U.K. Bribery Act, And The Practical Implications Of Both On International Business,
2011
Nova Southeastern University
A Comparative Analysis Of The Foreign Corrupt Practices Act And The U.K. Bribery Act, And The Practical Implications Of Both On International Business, Sharifa G. Hunter
ILSA Journal of International & Comparative Law
Prior to 1977, bribery was considered legal in many countries worldwide.!
Better Late Than Never: A Critique Of The United States' Asylum Filing Deadline From International And Comparative Law Perspectives,
2011
UC Law SF
Better Late Than Never: A Critique Of The United States' Asylum Filing Deadline From International And Comparative Law Perspectives, Misha Seay
UC Law SF International Law Review
This note critiques the filing deadline for asylum applications in the United States by comparing it to relevant international standards and the practices of other countries. It first looks to international treaties governing asylum procedures and the obligations of the U.S. under international law. It then compares the asylum procedures of three countries that admit similarly large numbers of refugees - Canada, Australia, and the United Kingdom - and discusses the filing deadlines, if any, that they impose on asylum applications in their respective countries. Finally, this note examines the U.S.'s filing deadline for asylum applications (the one-year bar) and …
Sustainable Decentralization: Power, Extraconstitutional Influence, And Subnational Symmetry In The United States And Spain,
2011
University at Buffalo School of Law
Sustainable Decentralization: Power, Extraconstitutional Influence, And Subnational Symmetry In The United States And Spain, James A. Gardner, Antoni Abat I Ninet
Journal Articles
In the Madisonian tradition of constitutional design, the foundation of a sustainable federalism is thought to be a scientifically precise balancing of national and subnational power. Experience shows, however, that national and subnational actors in highly diverse systems are capable of developing a rich array of extraconstitutional methods of mutual influence, so that the formal, constitutionalized balance of power rarely settles the question of the actual balance of power between levels of government. A more important factor in ensuring the long-term sustainability of a meaningfully federal system is the degree of symmetry across subnational units in their relation to the …
Addressing The Overrepresentation Of The Maori In New Zealand's Criminal Justice System At The Sentencing Stage: How Australia Can Provide A Model For Change,
2011
University of Washington School of Law
Addressing The Overrepresentation Of The Maori In New Zealand's Criminal Justice System At The Sentencing Stage: How Australia Can Provide A Model For Change, Joanna Hess
Washington International Law Journal
New Zealand’s 2002 Sentencing Act provides several ways a sentencing court may take an offender’s cultural or ethnic background into account. Given the disproportionate rate of recidivism among New Zealand’s indigenous Maori offenders and international and domestic concerns regarding this problem, the Act’s provisions offer one method for addressing and mitigating this issue. However, these sentencing provisions remain largely unknown or underused. This comment argues that in order to tackle these concerns, left unaddressed by the current Sentencing Act, New Zealand should restructure its sentencing provisions to follow the legislative model that is developing in Australian states, particularly the model …
An Alternative To Impact Litigation In China: The Procurator As A Legal Avenue For Cases In The "Private Family Sphere" Of Domestic Violence,
2011
University of Washington School of Law
An Alternative To Impact Litigation In China: The Procurator As A Legal Avenue For Cases In The "Private Family Sphere" Of Domestic Violence, Hai-Ching Yang
Washington International Law Journal
Impact litigation, a popular technique among non-governmental organizations, while yielding numerous benefits, exercises limited influence over traditional family matters in China, like those of domestic violence. A closer examination of the factors attributed to the failure of the domestic violence case litigated by the Peking University’s Center for Women Law Studies and Legal Aid Services highlights the need to explore the potential of the procurator. As cases and events show “family matters” transgressing from the private to the public sphere and as setbacks continue to plague non-governmental organizations in their struggle to advance social causes, the institutionalized procurator can utilize …
China's Compliance With International Law: What Has Been Learned And The Gaps Remaining,
2011
University of Washington School of Law
China's Compliance With International Law: What Has Been Learned And The Gaps Remaining, Roda Mushkat
Washington International Law Journal
Chinese willingness and ability to play by the rules in the global arena is a critical issue that has long loomed large on the academic and policy agendas. A substantial body of knowledge has been built in the past two decades, shedding considerable light on key dimensions of the question. However, there is an apparent need to fine-tune the approach pursued thus far by seeking greater methodological robustness and better theoretical elucidation. Data collection procedures must be anchored more firmly in principles of scientific inquiry, providing a solid empirical foundation for reliable and valid generalizations, and single-cause explanations need to …
Explaining Constitutional Review In New Democracies: The Case Of Taiwan,
2011
University of Washington School of Law
Explaining Constitutional Review In New Democracies: The Case Of Taiwan, Nuno Garoupa, Veronica Grembi, Shirley Ching-Ping Lin
Washington International Law Journal
This paper extends the empirical analysis of the determinants of judicial behavior by considering the Taiwanese case. Taiwan is a particularly interesting case because the establishment and development of constitutional review corresponds to a political transition from an authoritarian regime dominated by one party to an emerging democracy. We test the attitudinal hypothesis by making use of a new dataset of ninety-seven decisions issued by the Taiwanese constitutional court in the period between 1988 and 2008. The attitudinal hypothesis is that the Taiwanese constitutional judges respond to party interests, either because their preferences coincide with the appointer or because they …
