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BOSTON COLLEGE |
Student Publications |
| Volume 23 | 2000 | Number 2 |
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[Pages 135-184] Abstract: The inheritance rights of women in the Anglo-American system have evolved from a system whose primary purpose was the support of women to one in which women enjoy the same rights to inherit and own property as their male counterparts. The laws of Judaism and Islam contain elements of these two Anglo-American approaches, with a focus on support under Jewish law and on ownership (although not equal ownership) under Islamic law. In this article Professor Radford gives a brief overview of the legal systems of Judaism and Islam and of the place of women in these systems. She then provides a detailed description of the ways in which the laws of Judaism and Islam govern the rights of wives, mothers, daughters, and other female relatives to inherit property. [Pages 185-228] Abstract: This Article highlights the issues surrounding the international movement of cultural property by examining them in the context of fossil smuggling from China. The story of the Confuciusornis sanctus and a Chinese case concerning stolen fossilized dinosaur eggs serve as case studies for examination of the issues raised by the movement of cultural property between source states and market states. These cases also make vivid the deficiencies in the Chinese legal regime which is designed to protect and retain fossils in China. The Article concludes that the laws now in place are not adequate and that increased emphasis on non-legal measures to protect fossils would be more effective. Abstract: Privatization in the Czech Republic has opened the door to foreign investment. Investors, however, have been slow to invest in the Czech Republic because of its relatively weak shareholder protections. This Note analyzes the shareholder protections in the Czech Republic and suggests changes to the Czech Commercial Code based on German and United States protections for minority shareholders. Implementation of broader shareholder protections will perhaps increase confidence in the Czech Republic and stimulate foreign investment. Abstract: Within the extradition treaty between the United States and the United Kingdom, there exists an exemption for fugitives who have allegedly committed crimes that are political in nautre. The political offense exemption has resulted in complications when dealing with the thorny issue of alleged terrorists from Northern Ireland who flee to the United States. This Note traces the history of the political offense exemption and scrutinizes the results of a recent Ninth Circuit decision, In re Artt, Brennan, Kirby, in which the court concluded that federal courts may inquire into systemic bias when considering whether or not a defendants conviction in the Northern Ireland judicial system was tainted by prejudice. [Pages 285-310] Abstract: Presently, intellectual property law is the mechanism that determines international protection and control over biotech innovations in plant varieties and the genetic resources that form the basis for those innovations. The intellectual property paradigm that is utilized employs western definitions of property in order to provide a framework in which to allocate rights. This has resulted in serious distributive problems: western-specific ideas about property, authorship, and individual creative inventors do not translate well to areas where cultural knowledge or generational innovation form the basis of important societal achievements. The default solution in the international agricultural context has been to almost entirely forego any sort of property protection for cultural and indigenous knowledge and innovation. Until international intellectual property law increases awareness of the importance of the public domain in preserving genetic diversity, protecting the global food supply, and safe-guarding genetic resources, intellectual property law will under-value and under-compensate the contributions and agricultural concerns of the developing countries that safeguard the vast majority of the worlds plant genetic resources. [Pages 311-337] Abstract: The United States, the United Kingdom, and Japan developed their product liability laws based on a common desire to protect consumers. Although these regimes are similar in many ways, due to cultural differences, it seems there will always be differences. U.S. and British strict product liability regimes date back to the nineteenth and early twentieth century. Japans strict product liability regime, however, is still in its infancy. By examining the development of strict product liability in each of these countries, focusing on statutory and common law language, as well as the position of, structure of, and access to the judiciary, this Note concludes, due to the similarities between the United Kingdom and Japansimilarities generally not existing with respect to the United Statesthat Japan is more likely to develop its product liability regime in accordance with the United Kingdom, rather than the United States. |
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