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, …
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 …
The Functionalism Of Legal Origins,
2011
Duke Law School
The Functionalism Of Legal Origins, Ralf Michaels
Faculty Scholarship
This article, written on request for the centennial issue of Ius Commune Europaeum, connects the economic literature on legal origins (La Porta et al) and the World Bank's Doing Business reports with discussions in comparative law about the functional method. It finds that a number of parallels and similarities exist, and that much of the criticism that has been voiced against functionalism should apply, mutates mutants, also to these more recent projects. The attraction that these projects have derive not, it is argued, from their methodological sophistication, but instead from "the strange lure of economics" and from the ostentatious objectivity …
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 …
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 …
Regular Takings Or Regulatory Takings?: Land Expropriation In Rural China,
2011
University of Washington School of Law
Regular Takings Or Regulatory Takings?: Land Expropriation In Rural China, Valerie Jaffee Washburn
Washington International Law Journal
This article takes as its starting point the recent spate of unrest in rural China over government takings of rural, agricultural land. Though the popular and scholarly press has paid a great deal of attention to this issue, few analyses have explored in depth the institutional and legal framework surrounding it. This piece first attempts such an exploration and concludes that the underlying issues have as much to do with China's national land use regulatory system as they do with the behavior of local governments that seize privately-farmed land for other uses. In fact, it is more productive to see …
The North American Free Trade Agreemetn: Looking At The Binational Panel System Through The Lens Of Free Enterpresie Fund,
2011
Faulkner University Jones School of Law
The North American Free Trade Agreemetn: Looking At The Binational Panel System Through The Lens Of Free Enterpresie Fund, John J. Garman, Matthew K. Bell
Richmond Journal of Global Law & Business
This paper examines the constitutionality of the binational panels of the North American Free Trade Agreement (“NAFTA”) under the United States Constitution. Part I provides an overview of the binational panel process. Part II outlines the process for challenging the constitutionality of binational panels and the obstacles that must be overcome. Part III discusses possible violations of the Due Process Clause. Part IV analyzes the constitutionality of binational panels under Article II of the United States Constitution. Part V examines the constitutional implications of Article III with respect to the absence of judicial review. Part VI is a case-by-case analysis …
The Future Of Hedge Fund Regulation: A Comparative Approach: United States, United Kingdom, France, Italy, And Germany,
2011
Cleary Gottlieb Steen & Hamilton
The Future Of Hedge Fund Regulation: A Comparative Approach: United States, United Kingdom, France, Italy, And Germany, Anne Riviere
Richmond Journal of Global Law & Business
No abstract provided.
"Male" Order Brides And International Marriage Brokers: The Costly Industry That Facilitates Sex Trafficking, Prostitution, And Involuntary Servitude,
2011
University of New Hampshire Franklin Pierce School of Law
"Male" Order Brides And International Marriage Brokers: The Costly Industry That Facilitates Sex Trafficking, Prostitution, And Involuntary Servitude, Carin M. Bowes
Cardozo Journal of Equal Rights & Social Justice
The article argues that the international marriage broker (IMB) industry, commonly associated with "mail-order brides," facilitates severe human rights violations, including sex trafficking, prostitution, and involuntary servitude. Despite legal efforts like the International Marriage Broker Regulation Act (IMBRA), the industry remains exploitative, with current regulations failing to adequately protect women from abuse and exploitation.
End-Of-Life Decision-Making In Canada: The Report By The Royal Society Of Canada Expert Panel On End-Of-Life Decision-Making,
2011
Utrecht University - University Medical Center
End-Of-Life Decision-Making In Canada: The Report By The Royal Society Of Canada Expert Panel On End-Of-Life Decision-Making, Udo Schuklenk, Johannes J. M. Van Delden, Jocelyn Downie, Sheila Mclean, Ross Upshur, Daniel Marc Weinstock
Reports & Public Policy Documents
This report on end-of-life decision-making in Canada was produced by an international expert panel and commissioned by the Royal Society of Canada. It consists of five chapters: Chapter 1 reviews what is known about end-of-life care and opinions about assisted dying in Canada, Chapter 2 reviews the legal status quo in Canada with regard to various forms of assisted death, Chapter 3 reviews ethical issues pertaining to assisted death. The analysis is grounded in core values central to Canada’s constitutional order, Chapter 4 reviews the experiences had in a number of jurisdictions that have decriminalized or recently reviewed assisted dying …
The Rule 23(B)(3) Superiority Requirement And Transnational Class Actions: Excluding Foreign Class Members In Favor Of European Remedies,
2011
UC Law SF
The Rule 23(B)(3) Superiority Requirement And Transnational Class Actions: Excluding Foreign Class Members In Favor Of European Remedies, Michael P. Murtagh
UC Law SF International Law Review
This Article analyzes the way federal courts conduct their superiority inquiries on motions for class certification in transnational class actions. Opt-out class actions under Rule 23(b)(3) conflict with an important premise of legal systems around the world, namely, that one cannot be bound to a judgment unless one affirmatively participated in the lawsuit. Federal courts sometimes either decline to certify the class or exclude foreign class members from the class because of the risk that the courts of foreign countries will not enforce the class action judgment. This Article argues that the current approach inefficiently exposes the parties to costly …
Health, Human Rights, And Violence Against Women And Girls: Broadly Redefining Affirmative State Duties After Opuz V. Turkey,
2011
UC Law SF
Health, Human Rights, And Violence Against Women And Girls: Broadly Redefining Affirmative State Duties After Opuz V. Turkey, Cheryl Hanna
UC Law SF International Law Review
This Paper was initially presented at the Hastings International & Comparative Law Review symposium Heath as a Human Right: The Global Option. The symposium was held in memory of Professor Virginia Leary, a leader in international law. Professor Hanna takes this theme and applies it to global problem of violence against women and girls and makes two assertions. First, while there has been tremendous progress in our understanding of how male violence against women and girls undermines gender equality and impacts their right to autonomy and full citizenship, the most fundamental and basic consequence of such violence - physical and …
