University of Florida Health Science Center
University of Florida Levin College of LawNot a member yet
6463 research outputs found
Sort by
The role of International Law in the Abolition of the Juvenile Death Penalty in the United States
No full textAn Analysis of the People\u27s Republic of China\u27s Foreign Investment Law and Foreign Direct Investment in Shanghai\u27s Free Trade Zone
No full textThis Article will explain how the megacity of Shanghai, China is currently developed and ever progressing, which is key to attracting foreign investors and continuing to build a world leading financial center. Additionally, this article will revisit the setbacks China experienced under rule by Mao Zedong and Deng Xiaoping. This article will then fast forward in time to present day China and Shanghai to describe the initial open door reforms that created specialized “zones,” which was a petri dish for China to experiment with foreign investment. The largest section of this article will cover China foreign investment law and its progression over time. The first sub-section will cover the initial three vehicles of Chinese foreign investment law. The second and third sub-sections will cover the specialized foreign investment laws governing Shanghai’s special economic zone. Finally, the last sections of this Article will suggest further reforms to foreign investment law and policy changes that if implemented by the PRC could immediately impact and create advantages for further foreign investment in Shanghai’s special economic zone
iPot: Is China Interfering with U.S.-Mexican Efforts to Reduce Organized Crime?
No full textThis Article will examine whether or not providing international protection for cannabis-based intellectual property of U.S.-Mexican corporations and nonprofits could reduce organized crime. Part I of this comment will discuss North and Central American law and enforcement practices against manufacturers, and Part II will compare it with Chinese law and practices. Part III will conclude
Due Process in the Brazilian Presidential Impeachment
No full textThis Essay discusses the applicability of the U.S. notion of procedural due process of law to the presidential impeachment process within the Brazilian Constitution. It takes a critical approach based on the Inter-American system of human rights protection and includes a comparison with the European human rights model. The analysis is illustrated by means of the Brazilian Federal Senate\u27s impeachment of Dilma Rousseff on August 31, 2016 on charges of having opened additional lines of credit by presidential decrees, without the authorization of the National Congress, and (illegally) entering into loan transactions. As a result, the ex-President Rousseff was removed from office, but not barred from holding other public offices.
The first half of this Essay deals with the grounds for the applicability of procedural due process to impeachment in general, and argues that the degree of deference that the Judiciary must show to the resulting decision depends on the Senate\u27s respect for due process in its adjudicatory role. The second half of the text enumerates certain procedural guarantees that are necessary for impeachment in a constitutional system in order to prohibit judicial review of such decisions
The Palestinian Constitution and the Geneva Accord: The Prospects for Palestinian Constitutionalism
No full textThe aim of this Article is to examine whether the provisions of the Geneva Accord, which for all practical purposes will likely determine the face and many of the structures and institutions of the State of Palestine, promotes the efforts at Palestinian constitutionalism, and by doing so, the cause of a just and lasting peace. In Part II, I will give a brief overview of the Palestine-Israel conflict in order to provide some context to the Palestinian draft constitution and the Geneva Accord. In Part III, I will analyze the provisions of the Gevena Accord that may impact upon Palestinian sovereignty and the ability of Palestine to function as a democratic and representative government. In Part IV, I provide a brief overview of Palestinians’ efforts at constitution drafting and examine the latest version of the Palestinian draft constitution, again, with an eye toward Palestinian sovereignty and democratic and representative government, those general notions of constitutionalism. In Part V, I conclude by discussing the prospects for constitutionalism in a future Palestinian state envisioned under the Geneva Accord
Combating International Terrorism
No full textThe first part of this Article will scrutinize the characteristics and explanations of “international terrorism” given by different organizations and renowned scholars, and it will discuss the scopes of those definitions. The second part will further elaborate on the subject with the political deliberation of terrorist events, the criminalization of terrorism and the derogation from fundamental human rights in the absence of an actual state of emergency. The third part will analyze the acts of international organizations and the international community, and their scope in combating terrorism. The fourth part will consist of concluding observations
The Naimbian Holocaust: Genocide Ignored, History Repeated, yet Reparations Denied
No full textThis Essay will analyze the atrocities committed by Germany in Namibia and examine whether Germany’s conduct was unlawful under international law
The Helping Hand in Trade Agreements: An Analysis of and Proposal for Labor Provisions in U.S. Free Trade Agreements
No full textThe purpose of this Article is not to argue in favor of protectionism or to shield domestic manufacturers and workers from foreign competition. Rather, it is to illustrate that the promotion of fundamental labor rights allows for fair competition for American workers and supports the right of international workers to enjoy the most basic threshold of workplace standards. U.S. workers and companies should not be pitted against foreign competitors who take advantage of their nation’s lack of or failure to enforce labor and employment laws—exploiting workers’ lack of bargaining power is not legitimate competition. If workers are not able to engage in freedom of association and collective bargaining, they have little chance of improving their working conditions. Ultimately, the goal of including fundamental labor rights in FTAs is consistent with the larger goal of the United States: to promote the spread of democracy
Of Blood and the Buddha: A Nichiren Primer on Counseling Clients
No full textShould you pray when you bleed? More specifically, should a Buddhist woman refrain from chanting and reciting from the Lotus Sutra during her menstrual cycle? This was the query fielded by the fiery prophet Nichiren in 1264 in Kamakura, Japan. Nichiren\u27s response, however, is far more than a doctrinal resolution of an esoteric theological uncertainty. To the contrary, Nichiren\u27s advice is a model of analysis, common sense, and compassion that today\u27s attorneys would be wise to emulate. As set forth below, Nichiren\u27s cautious, sensitive, and pragmatic approach provides an enlightened template on how we can best counsel our clients in areas of doubt and possible peril