Comparative and Foreign Law Commons^™

Masthead

University of Miami Inter-American Law Review

No abstract provided.

Eyes Everywhere: Unpacking The Digital Surveillance State In Mexico And The Legal Blind Spots, Danielle Mena

University of Miami Inter-American Law Review

This article examines the rise of digital surveillance in Mexico and its implications for privacy, human rights, and democratic governance. Despite constitutional and legislative protections guaranteeing personal privacy and freedom of expression, Mexico has developed one of the most extensive surveillance systems in the Americas. Through tools such as Pegasus spyware and the C5 urban surveillance network, government agencies have expanded their monitoring capabilities, often under the guise of national security. However, the misuse of these technologies against journalists, activists, and political dissidents reveals legal and institutional deficiencies. The article analyzes the evolution of Mexico’s digital surveillance infrastructure, identifies the …

Masthead

University of Miami Inter-American Law Review

No abstract provided.

Beyond Judicial Dialogue: Reference To Domestic Law By The Inter–American Court Of Human Rights, Soledad Bertelsen

University of Miami Inter-American Law Review

The recent freeze of U.S. funding to the Inter–American Commission on Human Rights serves as a reminder of how fragile the Inter–American System of Human Rights truly is. The effectiveness of the Inter–American institutions largely depends on their legitimacy in the eyes of the member states. This article argues how the legitimacy of the Inter–American Court can be enhanced by the language used in its judgments. The paper focuses on how references to domestic law in the case–law of the Inter–American Court can persuade states to comply with its decisions. Citations transcend the much–discussed judicial dialogue since they also reference …

The Times They May Be A–Changin’: A Look Into Cuba’S Future For Property Rights And Restitution Through 3 Lenses, Patrick M. Denny

University of Miami Inter-American Law Review

After the 1959 Cuban Revolution, Fidel Castro took power and instituted a new regime that formed itself into a communist stronghold of the global south. With this new government came curtailment of private property rights, effectuated in government confiscation and limitation in private ownership opportunity. As many Cubans and foreign persons/entities had their residential, rural/agricultural, and commercial/industrial property confiscated, demands for restitution over the years has grown, particularly through US–led efforts. As Cuba has begun to soften to the idea of private property, as evidenced in its new 2019 Constitution, this Note seeks to analyze how property rights in Cuba …

Magic Mushrooms As Medicine: What The United States Can Learn From Jamaica’S Unregulated Psilocybin Industry As Fda Approval Nears, Kyle Spohn

University of Miami Inter-American Law Review

In 1970, Congress passed the Controlled Substances Act and swiftly placed psilocybin (the active chemical in “magic mushrooms”) under Schedule I—the strictest level of regulation withheld for substances with “no currently accepted medical use.” While the United States has maintained this rigid framework, Jamaica has taken the opposite approach. Psilocybin was never listed under Jamaica’s Dangerous Drugs Act, and remains unregulated. In recent decades, research has shown that psilocybin, when administered in controlled settings, can effectively treat depression, anxiety, and other psychiatric conditions. In response, the Jamaican government has not only preserved psilocybin’s legality but has encouraged research and industry …

Constitutional Law On Abortion In Latin America And The Caribbean: A Regional Consensus Towards An International Custom Or A Peremptory Norm Of Jus Cogens?, Ligia Castaldi

University of Miami Inter-American Law Review

The Inter–American Court of Human Rights recently declared the existence of a jus cogens right to a healthy environment: could it lawfully reach the same conclusion regarding a right to abortion? This paper examines constitutional law and constitutional jurisprudence on abortion in Latin American and Caribbean countries to determine whether a regional consensus exists on abortion rights in the region. The paper looks at landmark abortion decisions favoring abortion rights in Colombia and Mexico, as well as broad abortion decriminalization through statutory reform in Argentina, Uruguay, Haiti and Cuba. The paper also looks at prenatal right to life protections in …

Challenging The State To Protect The Right To A Future Healthy Environment, Grace Messimer

Cardozo International & Comparative Law Review (CICLR) Blog

Climate change litigation has been increasingly used in different countries to fight the climate crisis through various judicial systems. As of December 2022, there have been over 2,000 climate-related cases in international courts, federal courts, and more local courthouses, with litigation taking place in 65 different jurisdictions. Climate change litigation includes “cases that raise material issues of law or fact relating to climate change mitigation, adaptation or the science of climate change.”

This post was originally published on the Cardozo International & Comparative Law Review on January 21, 2025. The original post can be accessed via the Archived Link button …

Climate Change In The Courts: A 2025 Retrospective, Maria Antonia Tigre, Margaret Barry

Sabin Center for Climate Change Law

Drawing from cases collected in the Sabin Center’s Climate Litigation Database, this report offers insights into global climate litigation developments during 2025. This third installment in our year-end series provides a snapshot of how the field of climate litigation evolved over the course of the year. The report revisits significant rulings from around the world and connects them to eight illustrative themes: (1) climate change in international courts and tribunals; (2) environmental assessment and permitting; (3) non-compliance with climate commitments; (4) constitutional and human rights; (5) greenwashing and climate-washing; (6) corporate accountability cases; (7) standing; and (8) deregulatory suits.

Institutional Sustainability In Ai Governance: Comparing Paths In The Eu, Japan, And Taiwan, Kuan-Wei Chen

Yearbook of Antitrust and Regulatory Studies

This article explores the concept of institutional sustainability in AI governance by comparing the approaches in the European Union, Japan, and Taiwan. It begins by arguing that the relationship between AI and sustainability extends beyond environmental concerns, encompassing the sustainability of governance institutions themselves. The article posits that institutional sustainability, referring to the capacity of governance frameworks to remain effective over time, is essential in the context of rapidly evolving and future-oriented AI governance. The analysis proceeds by examining the EU’s strategy of normative anchoring through legal codification, Japan’s agile governance model based on collaboration and coordination, and Taiwan’s digital …

Doktrin Penyalahgunaan Hak (Abus Des Droit), Syukron Salam

Jurnal Hukum & Pembangunan

The present article examines the emergence of the doctrine of abus de droit in France in the mid-twentieth century through an analysis of key judicial decisions and the debates that followed them. The study commences with an exposition of the manner in which the evolution of capitalism, concomitant with the escalating economic disparity and the propagation of societal challenges, has influenced the judicial approach to the abstract Roman-law tradition of absolute rights. In light of this, the article contends that the civil-law tradition exhibited a fundamental flaw in its conceptualisation of rights as absolute, thereby overlooking objections that were firmly …

Politik Hukum Kedudukan Wakil Presiden Dalam Badan Pengarah Percepatan Pembangunan Otonomi Khusus Papua, Maleakhi Samuel Pasalli, Yamuna Nurafifah, Pranaldo Gunawan

Jurnal Hukum & Pembangunan

The legal policy regarding the amendment of Law Number 21 of 2001 into Law Number 2 of 2021 concerning Special Autonomy for Papua marks a paradigm shift from asymmetric decentralization towards controlled autonomy or leading to the centralization of power, notably through the establishment of the Steering Committee for Acceleration of Development of Special Autonomy for Papua (BP3OKP), which is chaired directly by the Vice President. This research is motivated by juridical issues wherein the Academic Paper (Naskah Akademik) of the amendment fails to provide scientific justification regarding the urgency of establishing this special body or the involvement of the …

Codification In Mississippi: Nineteenth Century Efforts For A Mississippi Civil Code, Milton J. Hernandez Iv

MC Law Review

No abstract provided.

Symbolic Justice: The Continued Limits Of International Criminal Justice Without A Permanent Prison System, Meg Penrose

Faculty Scholarship

Many people misremember Nuremberg, Tokyo, and the subsequent World War II tribunals. These seminal international tribunals gave the world convictions but largely failed to fully enforce the sentences imposed. Most people do not recall the mass clemency following the World War II tribunals. This Article seeks to fill a scholarly void by explaining why international criminal justice has never matured beyond Nuremberg and Tokyo. The modern ad hoc tribunals, as well as the permanent International Criminal Court (“ICC”), have failed to deliver lasting justice. Much like Nuremberg and Tokyo, the modern tribunals fixate on arrests and convictions and then seemingly …

National Values Matter For Ai: Comparative Analysis Of Ai Regulations In The Us, The Eu, And China, Kaori (Furuya) Kawaguchi

Brooklyn Journal of International Law

As artificial intelligence (AI) continues to evolve rapidly, governments worldwide face increasing pressure to regulate it. This Article focuses on regulatory approaches to AI in the United States, the European Union, and China, examining the underlying rationales: why have they taken these approaches? Each jurisdiction’s unique political institutions, historical preferences, and strategic priorities shape its approach to governance. In particular, the values the jurisdiction expects in technology shape its regulation. The US adopts a decentralized, innovation-friendly model rooted in reliance on market and self-regulation in industries with its strong trust in laissez-faire philosophy; the EU asserts global leadership in regulations …

Safeguarding Creditors' Interest In China's Debtor-In-Possession (Dip) Model: Enhancing Director Accountability For Effective Corporate Reorganization, Tianqi (Alicia) Ding

Brooklyn Journal of International Law

In recent years, China has increasingly adopted the Debtor-in-Possession (DIP) model in corporate reorganization, allowing directors to retain control of the debtor’s operations during bankruptcy proceedings. From 2019 to 2025, the use of the DIP model among listed companies rose substantially, reflecting a policy preference for efficiency, continuity of management, and the perceived advantages of director familiarity with business operations. While the DIP model may improve restructuring efficiency, it also concentrates decision-making power in directors who face limited personal accountability, thereby exposing creditors to heightened risk during insolvency. China’s existing legal framework inadequately addresses this risk. The Company Law defines …

Genocidal Accusation, Steven Arrigg Koh

Faculty Scholarship

To accuse of genocide — what does it mean? Genocidal accusation is ubiquitous today, evident more in the public square than in any courtroom. At first glance, such accusation seemingly relies on a central assumption: genocidal accusation is critical to preventing atrocity. This Article argues that this widespread assumption is incomplete, obscuring genocidal accusation’s dual nature. In fact, genocidal accusation encompasses not only laudable atrocity prevention (for example, the Rwandan genocide), but also problematic punitive, carceral discourse that brands the “other” as morally polluted (such as President Putin’s Ukraine invasion). It is thus challenging to evaluate such accusation in the …

Torts And Pesticide Drift: Amending Right-To-Farm Acts In The Wake Of Widespread Dicamba Drift By Nicholas Brown** And Matt Roessing*

Journal of Legal Studies in Business

When crops die in a field prior to harvest, a farmer loses a portion of his salary for that year. When the cause of the crop loss is natural, farmers can usually seek compensation through crop insurance and government commodity support programs. When the crops were lost as a result of pesticide drift, these forms of compensation are not usually available to farmers.1 In order to make up for their losses, farmers can seek damages through judicial redress. For many decades, various state and federal laws have combined to complicate and at times prevent farmers adversely affected by pesticide drift …

Cover Page & Table Of Contents - Volume 23

Journal of Legal Studies in Business

JLSB vol. 23 Title Page & Table of Contents

Incorporating Tax Law Into Legal And Regulatory Environment Of Business Courses

Journal of Legal Studies in Business

No abstract provided.