Mauritius: An Example Of The Role Of Constitutions In Development,
2010
University of Miami Law School
Mauritius: An Example Of The Role Of Constitutions In Development, Adam Aft, Daniel Sacks
University of Miami International and Comparative Law Review
No abstract provided.
Managed Engagement: The Case Of Castro's Cuba,
2010
University of Miami Law School
Managed Engagement: The Case Of Castro's Cuba, Daniel Fisk, Courtney R. Perez
University of Miami Inter-American Law Review
No abstract provided.
Front Matter And Table Of Contents,
2010
University of Miami Law School
Front Matter And Table Of Contents
University of Miami Inter-American Law Review
No abstract provided.
Big Cola V. Coca-Cola: How A Convenient Store Owner's Complaint Resulted In One Of Mexico's Largest Antitrust Fines,
2010
University of Miami Law School
Big Cola V. Coca-Cola: How A Convenient Store Owner's Complaint Resulted In One Of Mexico's Largest Antitrust Fines, Travis Bennion Olsen
University of Miami Inter-American Law Review
No abstract provided.
What Are They Smoking?! Mexico's Decriminalization Of Small-Scale Drug Possession In The Wake Of A Law Enforcement Failure,
2010
University of Miami Law School
What Are They Smoking?! Mexico's Decriminalization Of Small-Scale Drug Possession In The Wake Of A Law Enforcement Failure, Justin B. Shapiro
University of Miami Inter-American Law Review
No abstract provided.
Comity: Another Nail In The Coffin Of Institutional Homophobia,
2010
University of Miami Law School
Comity: Another Nail In The Coffin Of Institutional Homophobia, Nanci Schanerman
University of Miami Inter-American Law Review
No abstract provided.
El Arbitraje De Inversional En America Del Sur: Propuesta De Creacion De Un Centro Alternativo De Arbitraje De La Estructura Internacional De La Union De Naciones Suramericanas,
2010
University of Miami Law School
El Arbitraje De Inversional En America Del Sur: Propuesta De Creacion De Un Centro Alternativo De Arbitraje De La Estructura Internacional De La Union De Naciones Suramericanas, Euyelit Adriana Moreno-Paredes
University of Miami Inter-American Law Review
No abstract provided.
Private And Public Construction In Modern China,
2010
University of San Diego
Private And Public Construction In Modern China, Gregory M. Stein
San Diego International Law Journal
During the past three decades, real estate development in China has proceeded at an astonishing pace, with much development occurring before China's 2007 adoption of its first modern law of property. Investors thus spent hundreds of billions of dollars in the real estate market of a nation that, during most of this period, had not formal property law. How can a huge nation modernize so rapidly and dramatically when its legal system furnishes such uncertainty? And how can this happen in a nation that still purports to subscribe to socialist ideology? I set out to answer these questions by interviewing …
The Lion Awakens: The Foreign Corrupt Practices Act - 1977 To 2010,
2010
University of San Diego
The Lion Awakens: The Foreign Corrupt Practices Act - 1977 To 2010, Michael B. Bixby
San Diego International Law Journal
This Article discusses the history, purposes and provisions of the Foreign Corrupt Practices Act, and traces its use and enforcement activity from 1977 to the present. This once little-used law has in recent years become the focus of aggressive activity by both the U.S. Department of Justice and the Securities and Exchange Commission. The manuscript also includes numerous charts reporting on key cases and enforcement activities over the last thirty-three years by the DOJ and SEC, as well as other information and statistics regarding the Foreign Corrupt Practices Act.
Two Paths To Judicial Power: The Basic Structure Doctrine And Public Interest Litigation In Comparative Perspective,
2010
University of San Diego
Two Paths To Judicial Power: The Basic Structure Doctrine And Public Interest Litigation In Comparative Perspective, Manoj Mate
San Diego International Law Journal
This Article analyzes two key critical moments in the empowerment of the Supreme Court of India--the assertion of the basic structure doctrine, in which the Court asserted that constitutional amendments may be held unconstitutional on substantive grounds, and the development of the Public Interest Litigation (PIL) regime, through which the Court sought to protect and promote the rule of law and assume an expanded role in governance. I argue, in this article, that these two moments are exemplars of two types of moments that capture distinct aspects of the role of courts in different polities--"constitutional entrenchment" and "judicialization of governance" …
Conflicts In International Tort Litigation Between U.S. And Latin American Courts,
2010
University of Miami Law School
Conflicts In International Tort Litigation Between U.S. And Latin American Courts, John Baker, Agustín Parise
University of Miami Inter-American Law Review
No abstract provided.
Enforcing International Corrupt Practices Law,
2010
Duke University Law School
Enforcing International Corrupt Practices Law, Paul D. Carrington
Michigan Journal of International Law
This Essay strives to advance the current international movement to deter the transnational corrupt practices that have long burdened the global economy and weakened governments, especially in "developing" nations. Laws made in the last decade to address this longstanding global problem have not been effectively enforced. Described here are the moderately successful efforts in the United States since 1862 to reward private citizens serving as enforcers of laws prohibiting corrupt practices. It is suggested that this American experience might be adapted by international organizations to enhance enforcement of the new public international laws.
Reinforcing The Hague Convention On Taking Evidence Abroad After Blocking Statutes, Data Privacy Directives, And Aerospatiale,
2010
University of San Diego
Reinforcing The Hague Convention On Taking Evidence Abroad After Blocking Statutes, Data Privacy Directives, And Aerospatiale, Brian Friederich
San Diego International Law Journal
There has always been tension between European countries and the United States on the topic of evidence gathering. Much of that tension stems from the inherent differences between common and civil policies and methods. Until the Hague Convention, the process for obtaining evidence abroad was cumbersome and unreliable. The Hague Convention sought to change that by providing signatory countries more effective methods of cooperating with each other in international litigation. However, the Hague Convention has not been able to achieve its purpose, at least not in the United States. U.S. courts have interpreted the Hague Convention as optional, meaning it …
Developing An Ecological Social Justice Framework For Ocean Energy Technologies: Case Studies From The Phillipines,
2010
Dalhousie University Schulich School of Law
Developing An Ecological Social Justice Framework For Ocean Energy Technologies: Case Studies From The Phillipines, Jay Batongbacal
PhD Dissertations
Unless subjected to skeptical and conscious scrutiny, environmentally-friendly ocean energy technologies can become Trojan machines of social inequity due to the subtle re-organizing influences of technologies on culture and the society. Environmental laws that promote or regulate ocean energy technologies can act as Trojan legal regimes in the absence of a framework for assessing and anticipating their adverse impacts on social justice. Environmental justice is inadequate for this task, so an alternative framework is proposed: ecological social justice, drawn from the Third Worlds perspective of sustainable development as equitable sharing. Though overshadowed by the prevalent notion of sustainable development as …
Migrant Domestic Workers In Egypt: A Case Study Of The Economic Family In Global Context,
2010
Cornell Law School
Migrant Domestic Workers In Egypt: A Case Study Of The Economic Family In Global Context, Chantal Thomas
Cornell Law Faculty Publications
This Essay links a particular legal case study with a broader set of questions about the "family" in a global political and economic context. Part I clarifies the analytic links between the household, the market, and globalization. By studying Egypt, the Essay focuses on one part of this global sociolegal continuum and draws out the special significance of transnational background rules and conditions for the "developmental state." Part II presents the legal framework affecting labor conditions of sub-Saharan African asylum-seekers who are migrant domestic workers in Egypt, and particularly the legal framework that affects their ability to bargain in securing …
After The Fall: Financial Crisis And The International Order,
2010
Texas A&M University School of Law
After The Fall: Financial Crisis And The International Order, Robert B. Ahdieh
Faculty Scholarship
Recent years have challenged the international order to a degree not seen since World War II — and perhaps the Great Depression. As the U.S. housing crisis metastasized into a financial and economic crisis of grave proportions, and spread to nearly every corner of the globe, the strength of our international institutions — the International Monetary Fund, the World Trade Organization, the Group of Twenty, the Basel Committee on Banking Supervision, and others — was tested as never before. Likewise tested, were the limits of our national commitment to those institutions, to our international obligations, and to global engagement more …
South/North Exchange Of 2009 - The Challenges Of Climate Change Regulation For Governments On The Political Left: A Comparison Of Brazilian And United States Promises And Actions,
2010
Tulane University Law School
South/North Exchange Of 2009 - The Challenges Of Climate Change Regulation For Governments On The Political Left: A Comparison Of Brazilian And United States Promises And Actions, Colin Crawford, Solange Teles Da Silva, Kevin Morris
Pace International Law Review Online Companion
No abstract provided.
South/North Exchange Of 2009 - The Constitutional Recognition Of Indigenous Peoples In Latin America,
2010
Max Planck Institute for Comparative Public Law and International Law
South/North Exchange Of 2009 - The Constitutional Recognition Of Indigenous Peoples In Latin America, Gonzalo Aguilar, Sandra Lafosse, Hugo Rojas, Rebecca Steward
Pace International Law Review Online Companion
No abstract provided.
The French Prosecutor In Question,
2010
Washington and Lee University School of Law
The French Prosecutor In Question, Jacqueline S. Hodgson
Washington and Lee Law Review
Both the pre-trial and dispositive roles of the French prosecutor have continued to expand over the last decades with a resulting shift in power away from the trial judge and the juge d'instruction. The recommendations of the Liger Commission in 2009 went beyond the redistribution of authority and proposed the abolition of the juge d'instruction, placing the prosecutor in charge of all criminal investigations, even the most serious, complex, and sensitive. At the same time, the prosecutor's role and status has been challenged in a number of ways-in particular concerning her function as judicial supervisor of the detention and interrogation …
Uncertainty And The Search For Truth At Trial:
Defining Prosecutorial "Objectivity" In
German Sexual Assault Cases,
2010
Washington and Lee University School of Law
Uncertainty And The Search For Truth At Trial: Defining Prosecutorial "Objectivity" In German Sexual Assault Cases, Shawn Marie Boyne
Washington and Lee Law Review
According to German legal scholar, Claus Roxin, German prosecutors are the "most objective civil servants" in the world. Roxin 's assessment of German prosecution practice reflects the conviction of many German legal scholars that prosecutors in Germany's inquisitorial system function as second judges dedicated to finding the objective "truth." In this Article I investigate how prosecutors "translate" the normative duty of objectivity enshrined in the German penal code into observable practices on the ground I examine prosecutorial decision-making in three sexual assault trials. Sexual assault cases pose unique challenges to prosecutors as well as to the definition of objectivity. Because …
