Comparative and Foreign Law Commons^™

Front Matter And Table Of Contents

University of Miami International and Comparative Law Review

No abstract provided.

Leveling The Playing Field: Navigating The ‘Name, Image, And Likeness’ Rules For International Student-Athletes In The United States, Colsen Khaze Centner

University of Miami International and Comparative Law Review

This Note analyzes the NCAA’s new ‘Name, Image, and Likeness’ (“NIL”) guidelines and their impact on international student-athletes. The NCAA’s NIL guidelines allow student-athletes to profit off of their own name, image, and likeness, a benefit that would have made them ineligible to maintain their amateur status and compete in the NCAA two short years ago.1 While the NCAA’s NIL guidelines can generate substantial compensation for some of the NCAA’s most prolific student-athletes, international student-athletes are limited in the NIL opportunities they can enjoy based on various immigration restrictions.2 If an international student-athlete is found to be in violation of …

Masthead

University of Miami International and Comparative Law Review

No abstract provided.

Critical Tax Theory In The U.S., Australia, And Brazil: Current Challenges And Perspectives For The Future, Júlia Silva Araújo Carneiro

University of Miami International and Comparative Law Review

Tax law has never been a neutral field. On the contrary, it impacts a range of identity axes, including socioeconomic class, race, and gender, and can act as a mechanism for maintaining the status quo or as a catalyst for social change. By examining the ongoing debate on critical tax theory in the United States, Australia, and Brazil, this Article shows that, no matter the differences found in distinct tax systems, tax law functions as a mirror of a country’s values and can be employed either to support or to disadvantage minorities.<.p>American critical tax scholars have consistently highlighted the …

Granting Legal Personality To Artificial Intelligences In Brazil’S Legal Context: A Possible Solution To The Copyright Limbo, Victor Habib Lantyer

University of Miami International and Comparative Law Review

This Article investigates the feasibility and consequences of granting legal personality to Artificial Intelligences (AIs) in the context of Brazilian law, with a special focus on copyright law. It conducts a thorough analysis of how such a grant can enhance legal security and encourage innovation in AI technologies. Through an integrative review of the literature and a comparative analysis of national and international legislation and jurisprudence, the study explores the implications of this legislative innovation. This Article highlights the importance of legal clarity for companies and investors in the AI sector, emphasizing that granting legal personality to AIs can simplify …

Coming Full Circle: The International Legal Status Of The International Olympic Committee, William Thomas Worster

University of Miami International and Comparative Law Review

No abstract provided.

Masthead

UC Law SF International Law Review

No abstract provided.

Old Wine In A New Bottle? – An Empirical Evaluation Of The Judicial Reforms In China In The 2010s, Peter C.H. Chan

UC Law SF International Law Review

This article provides an empirical evaluation of the effectiveness of the judicial reform measures implemented in China in the 2010s. Among other objectives, the reforms aimed to strengthen the independence of judges, the financial autonomy of courts and the professionalism of adjudicators. Critics have questioned the success of the reforms, citing continued government intervention with adjudication and unchanged structural problems with courts. To date, there has been limited empirical literature focusing specifically on the judicial reform measures in the 2010s in China. This article provides a glimpse into what really was happening on the ground since the reforms through the …

A One-State Solution To The Arab- Israeli/Israeli-Palestinian Conflict: A Recommendation Supported By A Review Of The Historical Record And Current Context, Samuel Horowitz

UC Law SF International Law Review

This article examines the legal underpinning of the creation of the state of Israel and historical documents to note that despite calls for a two-state solution at the UN, a one-state solution to the conflict is not necessarily precluded. It then identifies why both the status quo and the proposed two state solution are problematic and untenable. Lastly, it looks to the example of South Africa because of similarities between South Africa and modern day Israel/Palestine. It concludes that the creation of a single state, following the example of post-apartheid South Africa, is the only solution to the conflict that …

“Whale Wars” — Are The Japanese Whaling Just Because They Can? A Testament Of Failed International Whaling Policy, Katy Rotzin

UC Law SF International Law Review

This paper analyzes whaling law and practices in Japan. This paper briefly compares Japanese whaling to whaling in Norway and Iceland, as well as Indigenous whaling but mainly focuses on Japan’s domestic ethos around “whaling culture,” their policies, which perpetuate whaling even though the industry is no longer profitable, and their unique relationship with the International Whaling Commission. This paper further analyzes the International Whaling Commission’s main document, the International Convention for the Regulation of Whaling, and its inability to keep rogue nations in check, and recommends that anti-whaling nations combine both soft law and sanctions to pressure Japan to …

From The Editor-In-Chief, Jacklin Lee

UC Law SF International Law Review

No abstract provided.

Ccpa/Cpra: Consumers Bear The Burden As Companies Bear The Crown, Jacklin Lee

UC Law SF International Law Review

Examining the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) is important for understanding United States privacy law. They were pioneering legislation in that the CCPA was one of the first comprehensive state-level privacy laws in the United States when it was enacted in 2018, introducing new rights for California residents regarding their personal information and imposed obligations on businesses handling data. The CPRA, passed in 2020, builds upon CCPA and further enhances privacy protections. These laws have served as models for subsequent privacy legislation at both the state and federal levels. They embody key principles …

A Survey Of Slavery & The Slave Trade Law, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Benjamin B. Ferencz Human Rights And Atrocity Prevention Clinic

CLIHHR Reports & Policy Submissions

This comprehensive report, compiled by the Benjamin B. Ferencz Human Rights and Atrocity Prevention (HRAP) Clinic at the Benjamin N. Cardozo School of Law from 2020 to 2024, surveys domestic slavery and slave trade laws across States Parties to the Rome Statute. Law students conducted comparative legal research examining how national legislation defines and criminalizes slavery, the slave trade, sexual slavery, and related practices such as trafficking and forced labor. Organized by region, the report presents constitutional and penal code provisions, assesses compliance with international humanitarian law, and highlights legal trends and gaps. It serves as a vital resource for …

Law, Critique And The Believer's Experience, Jean D'Aspremont

Dalhousie Law Journal

I have come to think that, most of the time, radical critics of a given discursive practice were once believers in that practice’s necessities and realities. In particular, I am of the opinion that one comes to appreciate the power of a discourse only when one has genuinely and personally experienced the necessitarian pull as well as the realities such discourse creates. To put it in phenomenological terms, I think that radical scepticism is often the expression of some self-revulsion at one’s earlier beliefs. The phenomenological causality described here is thus not simply about the devastating rage that one can …

Shaping Green Regionalism: New Trade Law Approaches To Environmental Sustainability, Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

Green regionalism aims to mutually reinforce environmental governance and economic integration. The article provides the first analysis of green regionalism in international law. It argues that green regionalism represents a paradigm shift in global normative endeavours towards environmental sustainability. By contextualising three waves of global regionalism, the article unveils the evolving architecture of green regionalism alongside negotiations of the World Trade Organization and multilateral environmental agreements. Moreover, it sheds light on the pertinent disputes and features of new green initiatives galvanised by the European Union, the United States and Asia-Pacific countries. These developments are pivotal in understanding the trade-environment nexus …

Speaking Authorship: Honoring Indigenous Language Sovereignty In Joint Authorship Doctrines, Nancy Fu

Cardozo Law Review

In 2022, the Standing Rock Sioux Tribal Council unanimously voted to banish the Lakota Language Consortium (LLC) and its two European founders from the reservation. The LLC began working with the Tribe in the early 2000s to document the Lakota language and created numerous recordings of Lakota elders, a Lakota dictionary, and many other educational materials. However, the LLC registered those works’ copyrights solely under its own name, so Tribe members must now seek the LLC’s permission to use or access them, which may require payment and may not be granted at all, even for recordings of the requestor’s own …

Authenticating Social Media Evidence In Chinese Criminal Procedure Law -- A Comparative Study, Yage Huang

Maurer Theses and Dissertations

Authentication requires the proponent to provide sufficient proof that the proposed social media evidence is, indeed, what it is claimed to be. The rapid proliferation of social media evidence has posed significant challenges for its authentication. This dissertation explores the authentication challenges for social media evidence in a comprehensive manner.

This research employs a qualitative research methodology, including theoretical and analytical methods, to examine the theoretical approaches, statutory provisions, and recent judicial rulings related to the authentication of social media evidence within the legal frameworks of China and the United States. Through a comparative analysis, this study reveals significant commonalities …

Egypt’S Legal Modernism: Challenging The National Discourse, Mohamed A. El-Deeb

Theses and Dissertations

Egypt’s legal modernity is the story of the modern Egyptian state itself. Reforming the country’s judiciary in the late nineteenth century was meant to achieve ambitious aims beyond the functionality of a justice system. The utmost goal was the country’s independence from the suzerainty of the Ottoman Empire. The judicial reforms modernized the Egyptian state and built a judiciary and legal community like no other place. Egypt achieved its independent judiciary before gaining its political independence. That was a remarkable achievement of the judicial reform. That rich part of Egypt’s modern history is negated and disregarded from public awareness. Not …

Volume 14, Issue 2 - Full Issue, Notre Dame Journal Of Int'l & Comparative Law Volume 14

Notre Dame Journal of International & Comparative Law

No abstract provided.

The International Tax Revolution: Introduction, Christine Kim, Reuven S. Avi-Yonah

Law & Economics Working Papers

(This book chapter, Introduction, is included in the forthcoming book, titled THE INTERNATIONAL TAX REVOLUTION, which the Cambridge University Press will publish in 2024-25.)

The past decade has witnessed the creation of a new international tax regime (ITR). Since the advent of globalization in the 1980s and digitalization in the 1990s, the original ITR ceased to function as intended. The main problems were the increased mobility of capital related to intangibles, a relaxation of capital controls, and increased tax competition. The outcome was a significant fall in tax revenues that threatened the social safety net of the modern welfare state. …