Comparative and Foreign Law Commons^™

Physical-Strength Rationales For De Jure Exclusion Of Women From Military Combat Positions, Maia Goodell

Seattle University Law Review

Women have been serving in the military in steadily increasing numbers for decades. Nevertheless, the military remains one of the few areas in which the U.S. government decides what roles are open to women based on de jure exclusions. This Article examines the law governing de jure classification, noting that a mere normative belief about women’s proper place in society is an insufficient basis to justify a sex-based exclusion. It then probes the most common rationale advanced in support of the continued de jure exclusion of women: physical strength. The Article examines four problems with the physical strength rationale: (1) …

Sanhuri's Civil Code For Arab Countries And Its Relevance To Modern And Islamic Laws., Najm Aldeen K. Kareem

Student Works (2010-2019)

This study aims to examine the development of the Arab society and the changes that shaped it in the era of modernity. A special focus, however, is given to Sanhūrī’s Codes for Arab civil laws in the middle of the Twentieth Century. The type of methodology adopted for this research is historical and analytical. It follows a historical method to explore the situation of Islamic law in the Arab countries before the enactment of Sanhūrī’s Codes, with special reference to attempts that have been made to codify the law from the early Islamic age until the time of Sanhūrī and …

Political Institutions And Judicial Role In Comparative Constitutional Law, David Landau

Scholarly Publications

Comparative constitutional law scholarship has largely ignored political institutions. It has therefore failed to realize that radical differences in the configuration of political institutions should bear upon the way courts do their jobs. This Article develops a comparative theory of judicial role that focuses on broad differences in political context, and particularly in party systems, across countries. I use the jurisprudence of the Colombian Constitutional Court (supplemented by briefer studies of the Hungarian and South African Constitutional Courts) to demonstrate how differences in political institutions ought to impact judicial role. Because Colombian parties are unstable and poorly tied to civil …

Climate Refugees Require Relocation Assistance: Guaranteeng Adequate Land Assets Through Treaties Based On The National Adaptation Programmes Of Action, Holly D. Lange

Washington International Law Journal

Rising ocean levels in the South Pacific threaten thousands of inhabitants with displacement. Many of these small Pacific island states lack available land to internally accommodate displaced individuals. Thus, thousands of “climate refugees” will be forced to move off their island homes and, without provisions of adequate land rights, will most likely end up in refugee camps in other countries. Climate change exemplifies an inherently global challenge. Developed countries produce disproportionately more greenhouse gases, and developing countries lack resources to adequately respond to climatic displacement. International treaties establish a legal responsibility to assist developing states adapt to climate change. However, …

The Emergence Of Hollywood Ghosts On Korean Tvs: The Right Of Publicity From The Global Market Perspective, Hyung Doo Nam

Washington International Law Journal

The Right of Publicity is both a cultural based property and a corresponding right that protects the entertainment industry in the worldwide market. Discussion of the Right of Publicity, as a preliminary matter, must separate the policy-based approach of the United States from the doctrinal approaches. In order for this discussion to be carried out, the author considers the Right of Publicity with two new approaches. First, it is the author’s view that the Right of Publicity must be understood in the context of the entertainment market, considering the role of each player and their relationship to each other. Second, …

Transformation Of Land Rights In Indonesia: A Mixed Private And Public Law Model, Daryono

Washington International Law Journal

Transformation of land rights from colonial to post-colonial systems in many developing countries was primarily undertaken by two different models: firstly, it was entirely governed by private law to allow voluntary transformation, and secondly, it was under public law where the state placed a tight administrative control during the transformation process. Both models had benefits and limitations, but they generally failed to develop modern property rights systems. A third regime of a mixed private and public law model has been promoted to create balance between private and public orders experienced within Indonesia. The mixed private and public law transformation creates …

The French Huissier As A Model For U.S. Civil Procedure Reform, Robert W. Emerson

University of Michigan Journal of Law Reform

Huissiers de justice serve multiple roles in the French legal system. One is that of a court officer who compiles dossiers (reports). In that role, the huissier is d'audiencier (literally translated as "hearing" or "assisting") and works directly for the court system itself.

The huissier's report remains alien to the American lawyer, who is steeped in notions of procedure and "testimonialism" and in principles of fairness which appear ancient, but are rather modern dissimulations of law and equity's rich history in the American tradition. An important aspect of most legal processes, the collection of data in preparation for litigation is …

When Is An Alternative Forum Available? Rethinking The Forum Non Conveniens Analysis, Joel H. Samuels

Indiana Law Journal

No abstract provided.

Trading Debts Across Borders: A European Solution (Snyder Lecture), Richard Fentiman

Indiana Journal of Global Legal Studies

On April 7, 2009, Richard Fentiman delivered the tenth annual Snyder Lecture at the Indiana University Maurer School of Law.

Introduction: Transatlantic Perspectives On Law, Security And Power: A German/American Dialogue On Nato’S 60th Anniversary

Indiana Journal of Global Legal Studies

Transatlantic Perspectives on Law, Security and Power: A German/American Dialogue on NATO’s 60^th Anniversary, Symposium.

Nato At Sixty: American Between Law And War, Mary Ellen O'Connell

Indiana Journal of Global Legal Studies

NATO was founded to counter the Soviet Union and the Warsaw Treaty Organization. Both have been gone for over twenty years. So why is NATO still here? Part of the explanation may lie in Americans' strong belief in the efficacy of military force. NATO remains associated in Americans' minds with the greatest time of U.S. military power. Yet, the United States also has a strong commitment to the rule of law. The country appears overdue for a return to this other commitment. We should not be surprised to soon see the United States promoting international law again-and that could mean …

Germany's Basic Law And The Use Of Force, Russell A. Miller

Indiana Journal of Global Legal Studies

The German Basic Law's Regime for the use of force is evidence of and an explanation for the deep difference between Germany and the United States on security matters. It also might say something more grand about the power of law to constrain force.

Transatlantic Perspectives on Law, Security and Power: A German/American Dialogue on NATO’s 60^th Anniversary, Symposium.

Seeking Civilian Control: Rule Of Law, Democracy, And Civil-Military Relations In Zimbabwe, Jeremiah I. Williamson

Indiana Journal of Global Legal Studies

Rule of law and democratic reform projects often concern lofty questions of constitutional law. But in many countries desperate for reform, deeply entrenched social and political problems present preconditions to any discussion of constitutional reforms aimed at democracy and the rule of law. Zimbabwe is one such nation, which like many others faces the problem of military intervention into domestic politics. This Note examines structural and historical aspects of Zimbabwe's military problem and utilizes the theory of objective civilian control to demonstrate the plausibility of meaningful reforms. In so doing, this Note provides a demonstrative model for reforming civilmilitary relations …

Two Concluding Remarks, European Union Countries, North Atlantic Treaty Organization, National Security, Elisabeth Zoller

Indiana Journal of Global Legal Studies

Professor Zoller offers several closing thoughts, focusing on the rationales for maintaining NATO in the twenty-first century and the theme of peace through law. She concludes that NATO is vital for European security, and that NATO is here to stay for both legal and factual reasons.

Transatlantic Perspectives on Law, Security and Power: A German/American Dialogue on NATO’s 60^th Anniversary, Symposium.

The Misapplication Of Leung Kwok Hung In Hong Kong: Authorizing The Rationality Requirement For Textually Absolute Rights, Albert Connor Buchman

Washington International Law Journal

The Hong Kong Bill of Rights Ordinance (BORO) guarantees many fundamental rights to Hong Kong’s permanent residents. In these constitutionally significant statutes, two types of rights exist: 1) textually qualified rights, which contain qualifying language indicating for what purposes a legislated restriction is permissible, such as when necessary for national security, public order, public health or morals, and 2) textually absolute rights, which contain no language indicating when a legislated restriction on that right is permissible. In Leung Kwok Hung & Others v. HKSAR, the Hong Kong Court of Final Appeal formulated a rationality requirement for when restrictions are …

The Displaced Residents' Right To Relocation Assistance: Toward An Equitable Urban Redevelopment In South Korea, Jihye Kim

Washington International Law Journal

Major urban redevelopment projects are currently on-going to beautify the urban landscape in Seoul, which is the most densely populated metropolitan area of South Korea. In this process, massive acquisition of homes has taken place, displacing many residents who are now demanding relocation assistance. South Korean law imposes obligations upon developers to provide relocation assistance for displaced residents. However, vagueness in the statutory language causes not only confusion in the implementation of the law, but has also led to a Supreme Court decision denying displaced residents’ legal right to relocation assistance. This interpretation further expanded developer’s discretion in carrying out …

Mōri V. Japan: The Nagoya High Court Recognizes The Right To Live In Peace, Hudson Hamilton

Washington International Law Journal

The following is a translation of the Nagoya High Court’s decision in Mōri v. Japan, a case challenging the constitutionality of Japan’s deployment of its Self-Defense Forces (“SDF”) to the Middle East in connection with the United States-led occupation of Iraq. Beginning in December of 2003, Japan deployed ground and air forces of the SDF to the Middle East, including three C-130H “Hercules” transport aircraft which were used to airlift coalition forces and supplies between Kuwait and Baghdad. In response, more than 5,700 citizens, represented by over 800 attorneys, filed lawsuits in eleven district courts across the country in …

Public Welfare, Artistic Values, And The State Ideology: The Analysis Of The 2008 Japanese Supreme Court Obscenity Decision On Robert Mapplethorpe, Yuri Obata

Washington International Law Journal

On February 19, 2008, the Japanese Supreme Court delivered a decision declaring that a collection of photographs by the late American photographer Robert Mapplethorpe did not violate obscenity laws in Japan. The fact that the Japanese Supreme Court publicly found close-up and detailed images of male genitalia in Mapplethorpe’s work no longer obscene perhaps makes the decision a landmark one since the present-day restriction of sexually explicit expression in Japan respected the obscenity standard from the 1957 precedent, the Lady Chatterley’s Lover decision, which ruled that the translation of D. H. Lawrence’s Lady Chatterley’s Lover was obscene. However, close reading …

Civil Liability For Misstatements In Offer Documents: Striking The Right Balance, Joanna Khoo

Brigham Young University International Law & Management Review

No abstract provided.

American Precedent, Australian Legislation—Are The Rules Of Golf In Violation Of Antitrust Law, Lynden Griggs, Leela Cejnar

Brigham Young University International Law & Management Review

No abstract provided.