General Reports of the XVIIIth Congress of the International Academy of Comparative Law/Rapports Généraux du XVIIIème Congrès de l’Académie Internationale de Droit Comparé

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Karen B. Brown, David V. Snyder
Springer Science & Business Media, Dec 29, 2011 - Law - 704 pages
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This title presents twenty-nine topics, prepared by leading scholars in more than 20 countries, providing a comparative analysis of cutting-edge legal topics of the 21st century. Considering topics of vital moment to contemporary legal scholars, the title includes pieces on Surrogate Motherhood, The Balance of Copyright in Comparative Perspective, International Law in Domestic Systems, Constitutional Courts as "Positive Legislators," Same-sex Marriage, Climate Change and the Law, The Regulation of Private Equity, Hedge Funds, and State Funds, and Regulation of Corporate Tax Evasion. Each chapter surveys legal developments in the U.S. and Canada, Europe, Asia, Latin and South America, Africa, and the Middle East in a format that permits the reader easy access to similarities and differences in the approaches of the selected national regimes. This comprehensive volume tells the story of parallel trends in the evolution of legal doctrine despite jurisdictional, cultural, and political barriers. While each of the covered countries stands alone as a sovereign, in a technologically advanced world their disparate systems nonetheless have converged to adopt comparable strategies in dealing with complex legal issues. The volume is a critical addition to the library of any scholar hoping to keep abreast of the major trends in contemporary law.

 

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Contents

1 Religion and the Secular State 1
1
2 Complexity of Transnational Sources 1
29
3 The Role of Practice in Legal Education 1
57
4 Catastrophic Damages Liability and Insurance 1
85
5 La gestation pour autrui 1
104
6 Same Sex Marriage 1
115
7 Consumer Protection in Private International Relationships
142
8 Codification and Flexibility in Private International Law 1
167
16 The Balance of Copyright
355
17 Jurisdiction and Applicable Law in Matters of Intellectual Property
393
18 The Prohibition of Age Discrimination in Labor Relations 1
422
19 The Law Applicable on the Continental Shelf and in the Exclusive Economic Zone 1
453
20 The Protection of Foreign Investment 1
467
21 International Law in Domestic Systems
508
22 Les Électeurs Étrangers 1
541
23 Constitutional Courts as Positive Legislators 1
549

9 Class Actions 1
191
10 Cost and Fee Allocation in Civil Procedure 1
197
11 Climate Change and the Law 1
228
12 The Regulation of Private Equity Hedge Funds and State Funds 1
273
13 Corporate Governance 1
295
14 Financial Leasing and Its Unification by UNIDROIT 1
321
15 Insurance Contract Law Between Business Law and Consumer Protection 1
334
24 Plurality of Political Opinion and the Concentration of the Media 1
570
25 Are Human Rights Universal and Binding? 1
581
26 Les Partenariats Publics Privés 1
589
27 Regulation of Corporate Tax Avoidance 1
609
28 Corporate Criminal Liability
625
29 The Exclusionary Rule 1
656
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About the author (2011)

Karen B. Brown

Before joining the Law School faculty, Professor Brown was a professor of law at the Brooklyn Law School and at the University of Minnesota where she was the Julius E. Davis Professor of Law for 1995-96 and received the Stanley V. Kinyon Award for excellence in teaching in 1997. At the University of Minnesota she also served as associate dean for academic affairs from 1995 to 1997. Before beginning her teaching career, Professor Brown was a trial attorney for the U.S. Department of Justice, Tax Division, and an associate at Steptoe & Johnson in Washington, D.C. Professor Brown’s teaching and scholarship interests are in the areas of income, corporate, and international taxation. She has co-authored a book on international tax transactions and co-edited a book on tax reform. She has written numerous articles and book chapters and delivered many presentations on federal taxation. Professor Brown is a member of the American Law Institute and the International Fiscal Association.

David Snyder

David Snyder was appointed professor of law at the Washington College of Law in the fall of 2007 and was appointed director of the Business Law Program in 2008. He graduated summa cum laude from Tulane University Law School in 1991, and he has been a law professor at Tulane, Indiana University in Bloomington, and Cleveland-Marshall College of Law. He has also been a visiting professor at the law schools of Boston University and the College of William and Mary. After graduating from law school, Snyder served as clerk to Hon. John M. Duhé Jr. of the U.S. Court of Appeals for the Fifth Circuit, and subsequently joined the D.C. firm of Hogan & Hartson as an associate. Professor Snyder's teaching interests include contracts and commercial law, including their international and comparative aspects. He was chair of the Section on Contracts of the Association of American Law Schools (2005-2006) and is a member of the American Law Institute

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