Open Access. Powered by Scholars. Published by Universities.®

Comparative and Foreign Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

14,084 Full-Text Articles 12,235 Authors 14,798,749 Downloads 164 Institutions

All Articles in Comparative and Foreign Law

Faceted Search

14,084 full-text articles. Page 65 of 370.

Letter From The Editor-In-Chief, Justin Vickers 2025 Notre Dame Law School

Letter From The Editor-In-Chief, Justin Vickers

Notre Dame Journal of International & Comparative Law

No abstract provided.


Legitimacy Throughlines In The Structural Design Of International & "Internationalized" Criminal Tribunals, Michael J. Kelly 2025 Creighton University School of Law

Legitimacy Throughlines In The Structural Design Of International & "Internationalized" Criminal Tribunals, Michael J. Kelly

Notre Dame Journal of International & Comparative Law

Today, the rather surprising and sudden surfeit of prosecutions for international crimes by states utilizing universal jurisdiction as we open the second decade of the 21st Century may represent a preference for domestic over international criminal prosecution altogether. Yet, the legitimacy quotient remains a key part of the discussion. For example, as discussed in section V below, with respect to the crime of Russian aggression against Ukraine, opinion is divided as to whether prosecution for this crime should proceed from a newly created international tribunal or from an “internationalized” court within the Ukrainian judicial system.[1] Ukraine backs the …


Beautiful Means For Nefarious Ends, Eric Wahoff 2025 Notre Dame Law School

Beautiful Means For Nefarious Ends, Eric Wahoff

Notre Dame Journal of International & Comparative Law

This note will attempt to address the laws of art dealers and banks in a way that draws parallels with the past struggles of banks and today’s struggle in the art world to keep bad actors out. It will begin with surveying how art is currently used as a tool of criminals and the current regulatory regimes in the EU, New York, and California – the states with the most art brokers.Then the note will analyze relevant laws from the US banking industry. Finally, the note will discuss ways that banking laws that have been used to address money -laundering …


Volume 15, Issue 1 - Full Issue, Notre Dame Journal of International & Comparative Law Volume 15 2025 Notre Dame Law School

Volume 15, Issue 1 - Full Issue, Notre Dame Journal Of International & Comparative Law Volume 15

Notre Dame Journal of International & Comparative Law

No abstract provided.


Building Open Finance, Douglas W. Arner, Ross P. Buckley, Christine M. Wang, Dirk A. Zetzsche 2025 Faculty of Law, The University of Hong Kong

Building Open Finance, Douglas W. Arner, Ross P. Buckley, Christine M. Wang, Dirk A. Zetzsche

Notre Dame Journal of International & Comparative Law

As one of the most digitalized sectors of the economy, finance is increasingly dependent on data. Over the past decade, the implementation of Open Banking and Open Finance in an increasing number of major jurisdictions around the world, including the European Union (EU), the United Kingdom (UK), Australia, Brazil, and the United Arab Emirates (UAE), seeks to break down data silos, empower consumers, and increase competition among financial service providers, aiming to maximize the value of financial data for innovation, growth, and competitiveness. In addition to mandatory requirements, other governance approaches to Open Finance, including collaborative arrangements and voluntary initiatives, …


Competition In The Global Law Market: Offshore Development Of The Statutory "Rule In Hastings-Bass", Andrew P. Morriss 2025 Texas A&M University School of Law

Competition In The Global Law Market: Offshore Development Of The Statutory "Rule In Hastings-Bass", Andrew P. Morriss

Faculty Scholarship

This Article examines the competitive dynamics in the global law market through the lens of the statutory evolution of the Rule in Hastings-Bass across various International Financial Centers (IFCs). Following the UK Supreme Court's 2013 decision in Pitt v Holt and Futter v Futter, which significantly restricted the judiciary's ability to void trustee decisions under the Rule, seven IFCs (Jersey, Bermuda, The Bahamas, the Dubai International Financial Center, the Cayman Islands, and the British Virgin Islands) enacted statutes to preserve and clarify the Rule within their jurisdictions. These legislative actions highlight the strategic adaptations by IFCs to enhance their legal …


Don’T Mess With Mr. In-Between, Brian Langille, Ben Mayer-Goodman 2025 University of Toronto, Faculty of Law

Don’T Mess With Mr. In-Between, Brian Langille, Ben Mayer-Goodman

Dalhousie Law Journal

In a separate, related paper, we reveal and criticize an important “methodical error” which is commonly made in labour law jurisprudence. In this paper, we undertake a review of the attempts by Canadian and UK legislators and decision makers to overcome some of the problems of applying labour law’s traditional orthodoxy in the face of an ever more complex world by creating new categories “in between” the existing classes of employees and independent contractors. These attempts often fail precisely because they perpetuate the traditional approach and its methodological error, maintaining its perverse incentive structures. Our advice: “Don’t mess with Mr. …


Aging And The Law In Singapore And Japan: Adult Guardianship And Other Alternatives, Hang Wu TANG, Yukio SAKURAI, Yue-en CHONG 2025 Singapore Management University

Aging And The Law In Singapore And Japan: Adult Guardianship And Other Alternatives, Hang Wu Tang, Yukio Sakurai, Yue-En Chong

Research Collection Yong Pung How School Of Law

Comparative adult guardianship law and other alternatives, especially in an Asian context, is an under-investigated area. This paper attempts to fill the gap in the literature by comparing the adult guardianship law and other alternatives from the perspectives of Singapore and Japan. The central argument of this paper is that in order for the law of adult guardianship to be widely adopted in Asian societies like Singapore and Japan - where much of adult guardianship related issues are governed by informal familial arrangements; this would require governments to do more than the mere enacting of adult guardianship legislation. To encourage …


Tort Law Heterodoxy In China, Benjamin L. Liebman, Rachel E. Stern, Eva Wenwa Gao, Xiaohan Wu 2025 Columbia Law School

Tort Law Heterodoxy In China, Benjamin L. Liebman, Rachel E. Stern, Eva Wenwa Gao, Xiaohan Wu

Faculty Scholarship

Chinese courts routinely ask defendants to pay damages without evidence of negligence while relying on concepts such as fairness, substantive justice, or discretion. This chapter examines how Chinese courts arrive at decisions that feel fair or just in cases where they refer to those ideas. Analysis of a dataset of 10,000 judicial decisions in personal injury cases suggests that Chinese courts refer to these concepts when they impose liability on two types of parties: (1) participants in a shared activity and (2) those who control a physical space. By assigning legal responsibility in these cases, Chinese courts acknowledge traumatic harm, …


Addressing Missingness In Serialized Bureaucratic Data: The Case Of Chinese Courts, Xiaohan Wu, Margaret Roberts, Rachel E. Stern, Benjamin L. Liebman, Amarnath Gupta, Luke Sanford 2025 University of California, San Diego

Addressing Missingness In Serialized Bureaucratic Data: The Case Of Chinese Courts, Xiaohan Wu, Margaret Roberts, Rachel E. Stern, Benjamin L. Liebman, Amarnath Gupta, Luke Sanford

Faculty Scholarship

Courts around the world are putting their data online, making information about caseloads, parties, and decisions available to the public. Yet, this data is far from complete, and often only reflects a portion of courts’ dockets. We offer and validate a set of tools for leveraging serialized bureaucratic data from courts to estimate the proportion of cases available to the public and the time courts take to make decisions. Using data from more than 3,000 courts in China, our methods allow us to assess patterns of missingness in court data across provinces and cities by type of case and to …


Reviving Exclusion, Leo Yu 2025 Texas A&M University School of Law

Reviving Exclusion, Leo Yu

Texas A&M Law Review

Over a century ago, 15 states enacted alien land laws designed to deprive Japanese immigrants of property rights. It took half a century for these laws to be repealed. Today, alien land laws are experiencing a strong revival in America. Twelve states have enacted new versions targeting the Chinese community, with seventeen states preparing to follow suit. This Paper provides a comprehensive analysis of this revival, tracing its legal roots to early 20th-century Supreme Court cases that upheld the constitutionality of the old alien land laws. These cases, referred to as “zombie cases,” remain on the books despite being irreconcilable …


Prevention Of And Response To International Crimes Against And Affecting Children, Diane Marie Amann 2025 University of Georgia School of Law

Prevention Of And Response To International Crimes Against And Affecting Children, Diane Marie Amann

Scholarly Works

This submission endeavoured to aid the efforts of Parliament’s Standing Group on Atrocity Crimes to promote within the United Kingdom a comprehensive framework regarding international crimes. The submission stressed that prevention is the preferred course: ex ante prevention avoids present harms, inter-generational traumas, and future risks of retaliatory violence, while ex post responses, in the form of criminal proceedings, are likely to be random and selective, not comprehensive. It urged that when harm does occur, responses must aim not only to exact retribution, but also to repair injuries, heal societies, and foster peaceful settlements of disputes. To these ends, the …


Landaeta MejíAs Brothers Et Al. V. Venezuela, Cristina Tenorio 2025 Loyola Marymount University and Loyola Law School

Landaeta MejíAs Brothers Et Al. V. Venezuela, Cristina Tenorio

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Miguel Castro Castro Prison V. Peru, Celene Afari 2025 Loyola Marymount University and Loyola Law School

Miguel Castro Castro Prison V. Peru, Celene Afari

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Canales Huapaya Et Al. V. Peru, Alondra Gonzalez 2025 Loyola Marymount University and Loyola Law School

Canales Huapaya Et Al. V. Peru, Alondra Gonzalez

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Reconceptualization Of Corporate Governance For Fintech Firms, Isa Alade 2025 Loyola Marymount University and Loyola Law School

Reconceptualization Of Corporate Governance For Fintech Firms, Isa Alade

Loyola of Los Angeles International and Comparative Law Review

The scandals involving some major fintech firms/platforms such as FTX, Wirecard, Celsius, TerraLuna and Lending Club raise questions about the efficacy of the current corporate governance architecture for fintech firms. Comparing some of the factors that contributed to these recent scandals in the fintech industry against the weaknesses in the corporate governance arrangements for traditional financial firms in the period leading to the global financial crisis (GFC), this paper argues that the unique characteristics of fintech firms amplify some of the weaknesses in the corporate governance arrangements in the financial services industry that contributed to the GFC. The ubiquitous nature …


Fontevecchia And D’Amico V. Argentina, Douglas Clark 2025 Loyola Marymount University and Loyola Law School

Fontevecchia And D’Amico V. Argentina, Douglas Clark

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Trabajadores Cesados De Petroperu V. Peru, Douglas Clark 2025 Loyola Marymount University and Loyola Law School

Trabajadores Cesados De Petroperu V. Peru, Douglas Clark

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Uzcátegui Et Al. V. Venezuela, Gursimran Bhullar 2025 Loyola Marymount University and Loyola Law School

Uzcátegui Et Al. V. Venezuela, Gursimran Bhullar

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Puerto Rico's Coast: Preservation Through Positive Obligations On Property Owners And The State In The Context Of Climate Change, Jaime Villeta-Garcia 2025 University of Barcelona

Puerto Rico's Coast: Preservation Through Positive Obligations On Property Owners And The State In The Context Of Climate Change, Jaime Villeta-Garcia

Journal of Comparative Urban Law and Policy

The rise in sea level, the obvious rampant coastal erosion and the uncertain future due to climate change urge the need to rethink the coast, through property and administrative law. The security of life, property and the fair and orderly use of the ultra-valuable resources that is the coast depend on a new concept for properties in the coastal zone and its effective execution by a conscious and responsible State. Centered on the community of Ocean Park in San Juan, Puerto Rico, it’s no longer a question of whether coastal property rights can contribute to safeguarding the coast, but rather …


Digital Commons powered by bepress