Comparative and Foreign Law Commons^™

A Path Not Taken: Hans Kelsen's Pure Theory Of Law In The Land Of Legal Realists, D. A. Jeremy Telman

Law Faculty Publications

This Essay is a contribution to a volume on the influence of Hans Kelsen’s legal theory in over a dozen countries. The Essay offers four explanations for the failure of Kelsen’s pure theory of law to take hold in the United States. Part I covers the argument that Kelsen’s approach failed in the United States because it is inferior to H. L. A. Hart’s brand of legal positivism. Part II discusses the historical context in which Kelsen taught and published in the United States and explores both philosophical and sociological reasons why the legal academy in the United States rejected …

Property Rights & The Demands Of Transformation, Bernadette Atuahene

All Faculty Scholarship

The conception of property that a transitional state adopts is critically important because it affects the state’s ability to transform society. The classical conception of real property gives property rights a certain sanctity that allows owners to have near absolute control of their property. But, the sanctity given to property rights has made land reform difficult and thus can serve as a sanctuary for enduring inequality. This is particularly true in countries like South Africa and Namibia where—due to pervasive past property theft— land reform is essential because there are competing legitimate claims to land. Oddly, the classical conception is …

Anthropology, History And The "More Economic Approach" In European Competition Law - A Review Essay, David J. Gerber

All Faculty Scholarship

In several works over the last decade, Wolfgang Fikentscher has reminded us that there are ways of viewing competition law that need not begin and end with economics—its concepts, its language, and its science-based normative stance. Discussions of competition law in the United States and increasingly in Europe generally dismiss or marginalize views of competition law that are not circumscribed by economic science. In the works reviewed here, Fikentscher takes issue with the so-called “more economic approach” to law, particularly, competition law. As he has said on other occasions, he favors “a less economic approach” to competition law. Many in …

Convergence In The Treatment Of Dominant Firm Conduct: The United States, The European Union, And The Institutional Embeddedness Of Economics, David J. Gerber

All Faculty Scholarship

Discussions of the competition law treatment of dominant firms often center on the issue of whether EU and U.S. law in this area are likely to converge and thereby provide a more uniform legal terrain for the activities of such firms. Curiously, however, discussions of convergence seldom pay careful attention to key issues such as “What are the differences in the role of economics in the respective legal systems and which factors are likely to affect significantly the likelihood of convergence?”. They often hover in a somewhat mystical realm in which convergence is just expected to “happen”.

In this essay, …

The Canadian Auto Workers--Magna International 'Framework For Fairness' Agreement: A U.S. Perspective (Symposium), Martin H. Malin

All Faculty Scholarship

No abstract provided.

Neither Victims Nor Executioners: The Dilemma Of Victim Participation And The Defendant's Right To A Fair Trial At The Ineternational Criminal Court, Scott T. Johnson

ILSA Journal of International & Comparative Law

My talk today analyzes victims' [articipation from the defendant's perspective and its impact upon the right to a fair trial at the International Criminal Court (ICC).

Comparacion Historica Y Contemporanea De Los Esfuerzos Legales De Brasil Y Los Estados Unidos Para Acorralar La Piratedria De Musica Digital Y Software P2p, Nolan Garrido

ILSA Journal of International & Comparative Law

Hoy en dia las compras legales de mfisica en linea han subido notablemente.

Climate Change And Developing Countries: The International Law Perspective, Ved P. Nanda

ILSA Journal of International & Comparative Law

A broad scientific consensus exists that climate change is real and the amount and rate of change have accelerated; the only uncertainty is about the political will of the international community to take effective measures to combat it.

Crimes Against Humanity Draft Bill Of 2009: The International Umplications Of Addressing Impunity Through National Legislation, Hansdeep Singh

ILSA Journal of International & Comparative Law

U.S. scholars have long been calling for domestic legislation addressing crimes against humanity.'

The Crisis: Libertas And Veritas, Eric Engle

ILSA Journal of International & Comparative Law

The world today finds itself in a recession. The global recession was caused by unsustainable borrowing provoked by the self destructive and incoherent "war on terror" in concert with irresponsible bank lending-bad debt.

From Beggars To Citizens: The Right To Nondiscrimination In Admission Into Commercial Establishments In Guatemala, Najman Alexander Aizenstatd Leistenschneider

ILSA Journal of International & Comparative Law

The denial of access to individuals into commercial establishments for arbitrary reasons is a common occurrence.

The Evolution Of Anti-Slavery Laws In The United States, Regina Bernadin

ILSA Journal of International & Comparative Law

In this new century, the United States of America is still struggling to end slavery within its borders.

A Human Rights Framework For Corporate Accountability, Jeanne M. Woods

ILSA Journal of International & Comparative Law

The ongoing controversy over corporate liability for human rights violations' seems counterintuitive today, in an era characterized by the unprecedented expansion of both rights instruments and global commercial intercourse.

International Migration: Trends, Challenges, And Need For Cooperation Within An International Human Rights Framework, Ved P. Nanda

ILSA Journal of International & Comparative Law

International migration is a growing phenomenon with the estimated number of international migrants worldwide currently at 214 million

A "Re-Visioned" Foreign Direct Investment Approach From An Emerging Country Perspective: Moving From A Vicious Circle To A Virtuous Cycle, Rumu Sarkar

ILSA Journal of International & Comparative Law

This Critical Essay sets forth and expands upon remarks presented at the International Law Weekend 2010 in New York, New York, which constitutes the annual meeting of the American Branch of the International Law Association (ABILA)

The Legal Integration Of The American Continent: An Invitation To Legal Science To Build A New Ius Commune, Juan Pablo Pampillo Balino

ILSA Journal of International & Comparative Law

The legal integration of the American Continent is one of the most important, suggestive and fertile issues for legal scholars on our continent.,

Tortured Law/Tortured "Justice"-Joint Criminal Enterprise In The Case Of Aloys Simba, Beth S. Lyons

ILSA Journal of International & Comparative Law

Joint criminal enterprise (JCE)-a judicially interpreted doctrine'- has become a "hallmark" mode of liability at the international Tribunals.

The Moon Agreement And Private Enterprise: Lessons From Investment Law, Timothy G. Nelson

ILSA Journal of International & Comparative Law

The year 2009 marked two events of interest to those with an interest in lunar exploration.

Stretching The Dispute Settlement Understanding: U.S.—Cotton’S Relaxed Interpretation Of Cross-Retaliation In The World Trade Organization, David J. Townsend

Richmond Journal of Global Law & Business

In August 2009, the World Trade Organization (“WTO”) au-thorized Brazil to impose sanctions against the United States for its continued subsidization of cotton producers in violation of the WTO Agreement on Subsidies and Countervailing Measures (“SCM Agreement”) and the Agreement on Agriculture. The WTO approved Brazil’s use of sanctions outside the General Agreement on Tariffs and Trade (“GATT”), authorizing cross-retaliation against rights owed to the United States under the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”). This is the third case of cross- retaliation authorized by a WTO arbitrator under the Understanding on Rules and Procedures Governing the …

Ijtihad Institutions: The Key To Islamic Democracy Bridging And Balancing Political And Intellectual Islam, Adham A. Hashish

Richmond Journal of Global Law & Business

No abstract provided.