Comparative and Foreign Law Commons^™

Comparative International Law, Ugo Mattei

Faculty Scholarship

No abstract provided.

Cracks In The Firmament Of Burma's Military Government: From Unity Through Coercion To Buying Support, David C. Williams

Articles by Maurer Faculty

Despite holding recent elections, Burma’s military government does not intend to relinquish power; its new constitution guarantees the army the right to do whatever it wants. Democracy will therefore not come to Burma through legal, peaceful, incremental steps. Instead, democracy will come to Burma outside the legal process, because the basis for the regime’s power has changed, becoming markedly weaker. When it first seized power in 1961, the military was united and therefore able to rule through coercion alone. In the past several decades, by contrast, the generals have increasingly sought to purchase support by giving income and resource streams …

Conference: Laïcité In Comparative Perspective, Elisabeth Zoller, Marc O. Degirolami, Nina Crimm, Javier Martínez-Torrón

Articles by Maurer Faculty

No abstract provided.

Constitutional Rights In The Balance: Modern Exclusionary Rules And The Toleration Of Police Lawlessness In The Search For Truth, Stephen C. Thaman

All Faculty Scholarship

This article explores the tension in modern criminal procedure between the goal of ascertaining the material truth of the criminal charge and the respect for important human rights of criminal suspects during the investigation of the alleged criminal responsibility. It examines two major areas where police run the risk of violating and often do violate the constitutional rights of criminal suspects during interrogations and during invasions of privacy in the form of dwelling searches and interception of confidential communications. The approaches of modern democracies to this dilemma run from the strict exclusion of all direct and indirect evidence (fruits of …

Should Juries Give Reasons For Their Verdicts?: The Spanish Experience And The Implications Of The European Court Of Human Rights Decision In Taxquet V. Belgium, Stephen C. Thaman

All Faculty Scholarship

This article discusses the Belgian jury system and the decision in Taxquet v. Belgium and then explores to what extent a requirement of reasoned judgments will affect the survival of European juries. It focuses on Spain, where the jury is required to give reasons for its verdicts, and where a lively high-court jurisprudence has developed addressing the quality and sufficiency of jury reasons. This article suggests that it might be appropriate for jury courts in the United States to in some way justify their decision of guilt, in order to minimize the amount of completely innocent persons who have been …

American Antitrust Jurisprudence Applied To European Commission V. Intel, Paul Jones

Brigham Young University International Law & Management Review

No abstract provided.

Sharia Law Poses No Threat To American Courts, Nathan B. Oman

Popular Media

No abstract provided.

Transfer Pricing, Business Restructurings, And Intangibles: Case Studies From The U.K. And The U.S., Richard Thompson Ainsworth, Andrew Shact

Faculty Scholarship

United Parcel Service of America, the largest motor carrier in the US, and DSG Retail the largest retailer of electrical goods in the UK, restructured operations and established captive insurance companies in offshore tax havens. In both instances, these restructurings removed sizeable amounts of income from the domestic tax base.

The IRS and HMRC opened transfer pricing audits. The UPS case involved tax year 1984 and was settled in 2003; DSG Retail involved 1997 through 2005 and was settled in 2009. Both settlements came on the heels of government-favorable court decisions, and prior to the addition of Chapter IX to …

The Amicus Curiae: Friends No More?, S. Chandra Mohan

Research Collection Yong Pung How School Of Law

A term commonly used in both common law and civil law jurisdictions and in domestic and international tribunals is the Latin term amicus curiae or a 'friend of the court'. Who is this friend of the court and what is his role in legal proceedings? Largely because of the remarkable manner in which this ancient institution has developed in different legal systems and been used differently even in countries sharing a common legal tradition, such as the United States and the Commonwealth countries, the important question is whether the amicus curiae can still be considered a 'friend' of any tribunal …

The Ombudsman As A Monitor Of Human Rights In Canadian Federal Corrections, Howard Sapers, Ivan Zinger

Pace Law Review

No abstract provided.

Attracting The Best And The Brightest: A Critique Of The Current U.S. Immigration System, Chris Gafner, Stephen W. Yale-Loehr

Cornell Law Faculty Publications

The United States has long benefited as a leader in attracting the "best and brightest" immigrants. However, the world has changed since the U.S. immigration system's last major modification in 1990. The United States is no longer the primary destination for many talented immigrants. Many other nations have enacted immigration systems meant to attract the best and brightest immigrants. These immigration systems are often point- based and allow potential immigrants to quickly determine eligibility. By comparison, the U.S. immigration system is slow and complicated. Many now question the United States' ability to attract talented immigrants. This Article first examines how …

Protecting Indigenous Identity And Culture In The Modern Nation-State: A Case Study Of The Sami In Norway, Claire Lockerby

Independent Study Project (ISP) Collection

The plight of indigenous peoples around the world is a serious one, and without significant international action, many valuable cultural and linguistic traditions are in grave danger of disappearing altogether. Many of these indigenous groups have experienced detrimental consequences from the history of slavery, colonialism and imperialism, and the emergence of nation-states that stripped them of their autonomy and greatly threatened their way of life. Today, there are some positive examples of international and national efforts to protect indigenous peoples, but unfortunately, most indigenous populations remain dispossessed and underrepresented. Although the international community has established principles of unalienable human rights, …

International & Comparative Law Perspectives: Fall 2010, Int'l & Comp. Law Program

International & Comparative Law Perspectives

No abstract provided.

Governance Of Health Research Involving Humans In Developing Countries: The Nigerian Example, Cheluchi Onyemelukwe

PhD Dissertations

An intense debate has occurred regarding research involving humans in developing countries in recent years. Research in this area has focused mainly on examining the ways in which the economic inequalities in healthcare between developing countries and developed countries have affected the types of research conducted in developing countries by external sponsors. Research has also focused on how these inequalities, and the difficulties in applying the international ethical guidelines, give rise to ethical concerns and controversies. Recent literature has therefore examined several ethical concerns in health research in developing countries. What is missing in the literature on research oversight in …

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, Daniel Fisk, Courtney R. Perez

University of Miami Inter-American Law Review

No abstract provided.

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, 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, Justin B. Shapiro

University of Miami Inter-American Law Review

No abstract provided.

Comity: Another Nail In The Coffin Of Institutional Homophobia, Nanci Schanerman

University of Miami Inter-American Law Review

No abstract provided.