Comparative and Foreign Law Commons^™

Seizure Of Russian Corporate Assets: Prosecution Of Russian Corporations For War Crimes In Ukraine As A Precursor To Seizure Of Frozen Corporate Assets In Foreign Jurisdictions, Milena Sterio, Federica D’Alessandra, Michael J. Kelly, Lydia Korostelova, Dmytro Koval

Law Faculty Reports and Comments

This White Paper proposes a criminal litigation pathway within a broader rule of law context for legally securing those assets, which Ukraine can then utilize to begin the rebuilding process without having to wait through more years of depredation and harsh winters. Doing so through a legal process such as that outlined in this White Paper is going to be key to Ukraine’s future as a democracy, as a candidate to join the European Union, as a candidate to join NATO, and as a rule of law society that is trusted and safe enough to attract substantial foreign direct investment.

The Failure Of Australia's Voice Referendum: A Lost Opportunity For Progress?, Jennifer Grubman

Cardozo International & Comparative Law Review (CICLR) Blog

On October 14, 2023, Australia held its first constitutional referendum of the twenty-first century. Had the referendum succeeded, a section would have been added to the Australian Constitution not only recognizing First Nations as the “First Peoples of Australia,” but also establishing a body known as the Aboriginal and Torres Strait Islander Voice, or the Voice. This was not Australia’s first constitutional referendum concerning First Nations. In 1967, Australians voted in favor of an amendment to the Australian Constitution that granted “state and National parliaments … concurrent power” to legislate for the First Nations. However, unlike the 1967 referendum, the …

Sacred Nutrition: Asserting Indigenous Sovereignty And Rights Of Women And Nature To Ensure The Right To Food In The United States, Mariana Chilton, Phd, Mph

University of Miami International and Comparative Law Review

This Paper is a provocation to move beyond a standard human rights and right to food framework to encourage scholars, activists, and political leaders to engage in full throttle societal transformation. Ending hunger in the United States demands nothing less. The modern human rights framework is enshrined in the modern nation-state system that is rooted in the transatlantic slave trade, colonization, and genocide.1 Three primary ways in which these roots took hold were through land theft, rape, and starvation. Hence, to assert that integrating the right to food and freedom from hunger into nation-state constitutions or into national plans to …

Revamping Green Securitization Frameworks In The Eu, Samuel Pinson

University of Miami International and Comparative Law Review

Sustainable finance and green investments have grown from a trend to a dominant investment strategy throughout asset classes globally, and the EU is no exception. The EU published its Green New Deal and Sustainable Finance Strategy as roadmaps toward a more sustainable and equitable future. The twin reports contain comprehensive plans and initiatives to make sustainable finance more accessible through effective regulation. Stemming from those initiatives were various regulatory frameworks such as the EU Taxonomy, the Corporate Sustainability Reporting Directive, the Sustainable Finance Disclosure Regulation, and the EU Green Bond Standard. The regulations above are aimed at everything from public …

Front Matter And Table Of Contents

University of Miami International and Comparative Law Review

No abstract provided.

Masthead

University of Miami International and Comparative Law Review

No abstract provided.

The Radical Potential Of Creating Communities Of Care Through Art, Rhoda Rosen, Amanda Leigh Davis

University of Miami International and Comparative Law Review

No abstract provided.

The Uneven Legal Geographies Of Nutrition Entitlement Programs In The United States. Realizing Or Hindering The Right To Food?, Joshua Lohnes, Mackenzie Steele

University of Miami International and Comparative Law Review

Unlike many countries across the world, the United States government does not formally recognize the Right to Food in law. However, it funds and administers nutrition entitlement programs that play a significant role in mitigating hunger and food insecurity across the country. Reflecting on the socio-political dynamics that shape the legal spaces of nutrition entitlement in different places, this Article explores the uneven geographies of the Right to Food in two other countries (South Africa and Ecuador) and then turns its focus to the United States. This Article offers an overview of the two most extensive nutrition entitlement programs (SNAP …

Food, Housing, And Racial Justice Symposium, Denisse Córdova Montes, Tamar Ezer, Photini Kamvisseli Suarez, Katherine Murray, Julian Seethal, Mackenzie Steele, Sarah Walters

University of Miami International and Comparative Law Review

No abstract provided.

Why Florida Municipalities Should Not Resort To Rent Control: A Comparative Analysis And Alternative Solutions, Talya Pinto

University of Miami International and Comparative Law Review

This Note addresses the increasing rent problem in Florida, explains why rent control is not the best solution, and suggests alternative remedies. Rent control refers to laws and regulations that control how much a landlord can increase the price charged to tenants to live in an apartment. Florida enacted a statute in 1977 that currently bans rent control in the state but has an exception in the case of a housing emergency. This exception allows local governments to put a one-year rent control ordinance to a public vote. Orange County, Florida, recently declared a housing emergency and had residents vote …

Prevent Phishy Business: Comparing California’S And The United Kingdom’S Age-Appropriate Design Code To Protect Youth From Cybersecurity Threats, Morgan Comite

University of Miami International and Comparative Law Review

Cybersecurity is the safeguarding of computer systems and networks against information disclosure, theft, or damage to users’ hardware, software, or electronic data, as well as disruption or misdirection of the services computers and networks provide. Knowing privacy would be breached due to the impact of COVID, in 2020, the United Kingdom got ahead of the game and passed rules/regulations requiring online services to protect children under the age of eighteen from scams, phishing, and security attacks. However, currently, the United States does not have a sufficient uniform privacy law governed to protect children under the age of eighteen from cybersecurity …

Global Brand Protection In Web 3.0: Blockchain Domain Names And New Legal Challenges, Vera Glonina

Cardozo International & Comparative Law Review (CICLR) Blog

The development of blockchain technologies is changing the world by introducing new systems and opportunities. In particular, blockchain technologies are a key component of so-called Web 3.0, a new generation of the Internet, which incorporates “the idea of a new, decentralized internet built on blockchains, which are distributed ledgers controlled communally by participants.”

This post was originally published on the Cardozo International & Comparative Law Review on January 11, 2024. The original post can be accessed via the Archived Link button above.

Constitutional Constraint: The United States Should Follow In New Zealand’S Gun Reform Footsteps, Jillian Fantuzzi

Cardozo International & Comparative Law Review (CICLR) Blog

The Second Amendment to the United States Constitution protects “the right of the people to keep and bear arms.” The United States is one of three countries worldwide that provide a constitutional right to bear arms, but the only country where this right is not accompanied by a restrictive condition. Despite the apparent gun crisis that increasingly characterizes the United States, legislators struggle to implement regulation due to the Supreme Court’s classification of the Second Amendment as a right to self-defense. However, where the initial purpose of the Second Amendment was to equip civilians as members of the militia to …

Indigenous Peoples, Land Grabs In Brazil, And The Fight For Official Recognition, Christian Zavardino

Cardozo International & Comparative Law Review (CICLR) Blog

In recent years, the Indigenous peoples of Brazil have fought a host of legal obstacles to maintain sovereignty over their traditional ancestral lands, in large part owing to the policy imperatives of successive presidential administrations and Congresses that have favored agribusiness interests and commercial development of Brazil’s interior regions at the expense of the Indigenous peoples who live in these areas. The Brazilian Constitution of 1988 guarantees Brazil’s Indigenous peoples legal recognition of their ancestral lands via the “land demarcation” or “official land recognition” process, providing that the federal government shall recognize “their original rights to the lands they traditionally …

‘Resisting’ While Collaboratively Informing In Communist Czechoslovakia, Mark A. Drumbl, Barbora Holá

Scholarly Articles

Informers in the service of state secret police collaborate with authorities and thus contribute to the power of repressive regimes. Through a case-study of Communist Czechoslovakia (1945–1989)—and drawing from secret police archives– this article presents selected stories of informers who in one way or another also ‘resisted’ collaboration with the Czechoslovak State Security (StB). By doing so, we try to further complexify the notions of ’everyday resistance’, on the one hand, and ‘collaboration’ on the other. We demonstrate that resistant acts, similar to collaborative acts, can be apolitically devoid of ideology, highly idiosyncratic, and motivated by private drivers. Informing can …

La Cour! La Mer!, Mark A. Drumbl

Scholarly Articles

The presence of courts—la Cour, certainement, mais d’autres aussi—weaves and wends throughout The Last Colony. Fundamentally, this is a story of courts (tribunals, arbitrations, etc.) righting wrongs or, in the least, setting a tune for wrongrighting to which political institutions then can hum along. Philippe Sands evokes the solemnity of legalism with the ‘La Cour!’ greeting, which he plays and replays, and with which he begins his book. These are welcoming words, for Sands, and also welcoming words for law, insofar as they signal the opening of the International Court of Justice (ICJ)—La Cour!—for the …

Comparative Study Of Bystander Liability In The U.S. & The Iranian Legal Systems, Abbas Mirshekari, Zahra Takhshid, Mona Abdi

Sturm College of Law: Faculty Scholarship

Imagine that A has witnessed an incident in which B injures or kills C. It is undoubtedly painful to witness, but does it also follow that one can recover damages for suffering emotional distress as the result of witnessing the accident? The recognition of the tort of negligent infliction of emotional harm, also known as NIED, has been one of the ways that tort law has attempted to provide a remedy for the emotionally injured. Nevertheless, the relatively new tort has raised many questions. In the U.S. legal system, different criteria have been proposed over the years to allow for …

A History Of Corporate Law Federalism In The Twentieth Century, William W. Bratton

Seattle University Law Review

This Article describes the emergence of corporate law federalism across a long twentieth century. The period begins with New Jersey’s successful initiation of charter competition in 1888 and ends with the enactment of the Sarbanes-Oxley Act in 2002. The federalism in question describes the interrelation of state and federal regulation of corporate internal affairs. This Article takes a positive approach, pursuing no normative bottom line. It makes six observations: (1) the federalism describes a division of subject matter, with internal affairs regulated by the states and securities issuance and trading regulated by the federal government; (2) the federalism is an …

Key Developments At The World Bank Inspection Panel (2013-2024), Dilek Barlas

Perspectives

Through the lens of important cases, this essay reflects on major developments that occurred at the Panel during the tenure of the author as the Executive Secretary of the World Bank Inspection Panel and shows how the Panel has evolved to improve accessibility, has influenced overall development policies, and has become a catalyst for institutional change. The essay observes that the Panel’s success has largely been due to its structural and operational independence, reporting as it does directly to the Bank’s Board of Executive Directors. However, there are challenges facing the Panel on certain issues, including most importantly its independence, …

Imf Human Rights Accountability: A Pragmatic Way To Break The Deadlock, Aldo Caliari

Perspectives

In the three decades since the 1993 establishment of the World Bank Inspection Panel, almost all development finance institutions (DFIs) have established analogous panels, ombudsperson offices or other independent accountability mechanisms (IAMs) to allow people who believe they have been harmed by the DFI’s activities to directly trigger processes of fact-finding, dispute resolution, and, if applicable, redress. The primary exception has been the International Monetary Fund.