Other Law Commons^™

Non Liquet: From Modern Law To Roman Law, Alfredo Mordechai Rabello

Annual Survey of International & Comparative Law

An explanatory note on the structure and limits of the present essay may be useful. In studies which also have a historical character. it is customary to present the subject matter in chronological order, first outlining the more ancient legal system, following then as far as possible its evolutionary steps, finally to end with the analysis of existing legal systems. In this article, however, in order to place the reader in medias res he is presented with modern legal systems with which he is already familiar: in such systems it is practically inconceivable that the judge should refuse to give …

On The Admissibility Of Group Rights, Luis Rodriguez-Abascal

Annual Survey of International & Comparative Law

In this presentation I shall explore the question of whether or not it is defensible to grant legal group rights through international instruments and national legal systems. I shall proceed in the following way. First, I shall briefly examine the conceptual consistency between group rights and the framework of rights discourse, and I shall conclude that it is conceptually possible to include group rights in ordinary rights talk. Secondly, I shall explore what the basic requirements would be for the recognition of a group right. I shall suggest that the use of rights discourse bears a number of conceptual as …

Alternative Dispute Resolution In The United States And Russia: A Comparative Evaluation, Elena Nosyreva

Annual Survey of International & Comparative Law

Unlike the United States with its extensive experience in alternative dispute resolution, this institution is in its infancy in Russia. Russia is only now developing an interest in out-of-court methods of dispute resolution. With economic changes, the number of new legal disputes has increased significantly. Russian courts of general jurisdiction are overloaded by civil cases. Ordinary litigation has become too expensive for the majority of the Russian people. In such conditions Russian society needs less expensive, more flexible alternatives to litigation. The purpose of this paper is to compare the ADR experiences in the United States and the Russian Federation, …

The 1996 Brazilian Commercial Arbitration Law, Cristina Schwansee Romano

Annual Survey of International & Comparative Law

The author provides a systematic overview of recent legal developments that favor the use of international commercial arbitration in Brazil. This study provides an overview of the main aspects of the 1996 Brazilian Arbitration Law and the major innovations that it has introduced in Brazil.

The Right To Education In The United States: Beyond The Limits Of The Lore And Lure Of Law, Roger J.R. Levesque

Annual Survey of International & Comparative Law

The author argues that U.S. as well as international law on educational rights needs to incorporate an important, but heretofore neglected, dimension. U.S. legislation and court decisions, as well as existing international instruments on educational rights focus chiefly on educational access and assign responsibility and authority over educational content and methods almost exclusively to the state and parents. The ideas, concerns and wishes of the young people being educated remain largely unacknowledged and disregarded. The author maintains that only to the extent our understanding of educational rights is rethought to include "youth's self-determination of education for citizenship" can we expect …

The United Nations Convention On The Rights Of The Child And United States Abortion Law, Sanford J. Fox

Annual Survey of International & Comparative Law

The ratification of treaties governing human rights often raises the question of whether obligations imposed by the treaty are compatible with the existing domestic law of the ratifying state. One common way of resolving such conflicts is for the State to avoid undertaking the inconsistent legal obligation by qualifying its acceptance of the treaty with a reservation, even when domestic law already provides for resolving such conflicts. Another measure that may be adopted, particularly where the treaty provision at issue is cast in general terms, is for the ratifying state to include a Declaration or an Understanding (RUD) with its …

Federal Practice And Procedure, Edward Willner, Edmund Scott, Susan J. Adler, Michael J. Walker

Golden Gate University Law Review

No abstract provided.

Book Review: Female Sexual Slavery, Hilde Hein

Golden Gate University Law Review

No abstract provided.

The Role And Position Of Women In Law And Practice: Report From The International Association Of Democratic Lawyers

Golden Gate University Law Review

No abstract provided.

Crestwood Lumber Company V. Citizens Savings & Loan Association: The Ursury Law And Liquidated Damages In The Sale Of Goods Transactions, Joseph M. Loomis

Golden Gate University Law Review

No abstract provided.

Museletter: August 2010, Suzanne Corriell

Museletter

This Issue:

Welcome New and Returning Students by Timothy L. Coggins

Law Library Policies

New Displays: Lawyers in Popular Culture by Heather Hamilton

Library Expands Exam Study Period 24-Hour Access by Gail Zwirner

Copies of Course Books Available on Reserve

Are You Ready for Some Football?!?

Child Labor In India, A Consumer’S Perspective: Identifying Causes, Acknowledging Realities, And Proposing Incentives For Improvement, Vanessa L. Deniro Esq.

Vanessa L. De Niro

The exploitation of modern child labor in developing countries persists in part because of consumers like us. However, in light of increased global trade liberalization in developing countries and free market principles, cheap labor is what allows these nations to have a competitive edge in the global economy. With that said, a category of people that work longer hours for meager wages, absent unionization or labor protections, is an efficient means of production and justified by the economy of scales. Child laborers, exploited by employers competing in the global economy, are simply a product of laissez-fair economics, participating and contributing …

Delimitación Téorica Del Delito Penal Fiscal, Bruno L. Costantini García

Bruno L. Costantini García

Anális de los elementos constitutivos del delito fiscal, la acción delictiva, los grados de ejecución, la consumación y los responsables.

Pretende distinguir el delito penal común del delito penal fiscal con base en sus elementos y pretende aportar una reflexión de la criminalización del delito fiscal en nuestros tiempos, usado por la Autoridad Hacendaria como un medio de represíón y de opresión de los derechos del contribuyente.

Richmond Law Magazine: Summer 2010

Richmond Law Magazine

Features:

Veterans on a Mission

Healing in Rwanda

Equally Insured?

Driven to Serve

La Globalización De La Legislación Cambiaria, Bruno L. Costantini García

Bruno L. Costantini García

No abstract provided.

Cooperative Institutions In Cultural Commons, Gregg P. Macey

Faculty Scholarship

No abstract provided.

Information Privacy: A Quantitative Study Of Citizen Awareness, Concern And Information Seeking Behavior Related To The Use Of The Social Security Number As A Personal Identifier, Rhonda Marisa Clossum

Masters Theses

Information technology has transformed the manner in which personal identifying information is collected, stored and shared in government agencies and private businesses. The social security number has become the de facto identifier for individuals due to its notable qualities: a nine-digit number assigned to one person by the United States government. As individuals are increasingly asked to disclose personal information, the question arises: How does the lack of awareness of social security number laws contribute to the loss of privacy, loss of control of personal information and the threat of identity theft? This study examines awareness levels of social security …

Plaintiff Neutrality Principle: Pleading Complex Litigation In The Era Of Twombly And Iqbal, Robin Effron

Faculty Scholarship

No abstract provided.

Protección De Datos Personales, Bruno L. Costantini García, Norma E. Pimentel Méndez

Bruno L. Costantini García

Introducción a la regulación de la protección de datos personales en México.

What’S Past Is Prologue, Cruz Reynoso, Joseph Grodin, James Brosnahan, Jose Padilla

The Jesse Carter Distinguished Lecture Series

Under the auspices of the 2010 Justice Jesse Carter Distinguished Lecture Program, and cosponsored by the American Constitution Society and The Bay Area Forum, GGU Law’s “What’s Past is Prologue,” held on campus April 1, drew more than 200 students, lawyers, judges, nonprofit legal advocates, and other legal leaders. The event included a screening of Abby Ginzberg’s new documentary Cruz Reynoso: Sowing the Seeds of Justice and a very lively panel discussion.