The "Baby Dolls" : breaking the race and gender barriers of the New Orleans Mardi Gras tradition / Kim Marie Vaz
As the world continues to shrink and immigration increases across the globe, children are more frequently being raised under the influence of several cultures. As these cultures clash, children may be subject to child-rearing practices that are abusive in one culture and accepted in another, leaving state criminal court systems to sort out the aftermath. In these cases, the accused immigrant parents may be able to use the cultural defense to escape conviction or mitigate their sentences in the face of child abuse charges. This cultural defense has been successfully used in courts all over the world, including the United States, the United Kingdom, Canada, and many other countries. The tremendous and increasing mobility of the global population will likely magnify the conflicts of the past and increase the use of the cultural defense in child abuse cases in the future.
Part I of this article discusses the trends in immigration and parenting that make use of the cultural defense increasingly more likely in the future. It also explains the cultural defense and children's rights under the CRC. Part II discusses the best interests principle of the CRC as the framework from which to analyze the use of the cultural defense in child abuse cases. Then, in Part III, this article analyzes the use of the cultural defense in child abuse cases from around the world under the framework of the CRC and explains why its use is in direct conflict with the CRC. Finally, Part IV proposes an internationally-derived standard against which judges or juries should compare the acts of immigrant parents in child abuse cases.
As the Association of Southeast Asian Nations (ASEAN) continues its dynamic evolution towards establishing the ASEAN Community by 2015, one of its key areas of policy focus is to enhance its regional intellectual property (IP) framework and promote greater IP cooperation, so as to advance economic competitiveness and transform the region into a significant and competitive bloc in the international community.
While recognizing this desire for broader IP cooperation, ASEAN member states have traditionally guarded their sovereignty fervently and upheld diplomacy the ASEAN Way. The ASEAN Way emphasizes consensus and non-interference. Earlier attempts at IP harmonization faced numerous setbacks and had to be put on the back burner. Nonetheless, ASEAN remained committed to advancing its goal of establishing a “creative ASEAN economy.” Its recent adoption of a regional IP cooperation model enables its members to move forward collectively but at varying paces. This model also seeks to preserve diversity and gives due recognition to the differing levels of development of its member states.
This article seeks to bring about a general appreciation of how ASEAN has persevered in its quest to strike an appropriate balance between advancing the mutual regional interests of its member states, while still preserving the diverse national interests of its various stakeholders. This article discusses the idea that as ASEAN moves resolutely towards establishing the ASEAN Community, it is important that it perseveres in its quest for an inclusive regional IP regime that balances the diverse national interests of its member states with their mutual regional interests. From a broader global perspective, unless and until the development gap and disparities in IP creation, utilization and exploitation among nations are closed, or at least minimized, lessons can perhaps be learned from harmonizing IP the ASEAN way. Specifically, this article will seek, inter alia, to: (1) provide a brief overview of ASEAN and diplomacy based on the ASEAN Way; (2) discuss the ASEAN Framework Agreement and selected initiatives on IP cooperation; (3) review and analyze the progress of ASEAN IP integration; and (4) share some concluding thoughts.
Back in 1985, when knowledge of HIV began to spread, governments reacted by passing immigration laws to restrict the entry of HIV positive individuals. These laws required such individuals to either declare their HIV status or undergo mandatory HIV testing to secure entry. As justification for these initiatives, many countries claimed to be preserving the public health and their domestic economy. The United States, China, and Russia are three countries that have had, or still have, some form of HIV immigration restrictions. Initially, it may seem logical that preventing HIV positive individuals from entering a country will cut down on the spread of HIV and save the economy from health care costs. Nevertheless, an analysis of the HIV travel restrictions of these three countries will show that the public health and economic reasoning behind such laws is flawed because HIV is not spread by casual contact and because economic goals can be accomplished with less restrictive means. Moreover, this article will further reveal that HIV travel restrictions contribute to several health concerns and create issues with confidentially and stigmatization.
In the end, a comparative analysis of these three countries, with specific attention paid to their successes and failures, reveals that the best system is one that works on both an international and domestic level. On the international level, border *90 testing must be voluntary, confidential, and informed. It should also utilize pre and post test counseling, and not be used to restrict entry. On the domestic level, individual countries need to educate the public and create programs to address high-risk groups responsible for the rapid spread of HIV. In doing so, society will find not only that it is more effectively protecting itself from the spread of HIV, but also that it is protecting the HIV community from the stigma and discrimination that contributed to the rapid spread of HIV in the first place.
The art of constitution-making is never one-dimensional. In regard to the United States' model, it has recently been argued that “[d]espite the enormous literature on the critical period, including the foreign affairs imperatives behind the movement for reform, it is not fully understood that the animus behind the reform effort that culminated in the new Constitution was a desire to ensure that the United States would be in a position to meet its international commitments and thereby earn international recognition.” While there are obvious differences, and while this concept is perhaps of even greater importance and more poignantly felt for a nation that has so long been plagued with issues of de facto and de jure recognition, many of the same factors that would make it incomplete to view the purpose of the American Constitution as a strictly internal document hold true for our strongest ally in the Middle East. After the establishment of the State of Israel in 1948, the young country experienced diplomatic isolation and Arab League boycotts. Today, Israel has diplomatic ties with 154 out of the other 191 member states of the United Nations, as well as with non-member Vatican City. This paper argues that the developing Israeli constitutionalism (this term is used broadly to cover not only the Basic Laws but also the quasi-constitutional founding documents and semi-constitutional proclamations of the Israeli Supreme Court) is also to a large extent about facilitating the admission of the new nation into the community of civilized states. From treaty making and economic development, to existential security issues, Israel recognized early on that it needed to quickly develop a strong and responsible federal government capable of enforcing compliance. It established a judiciary with capability of maintaining and enforcing the law of nations, and even challenging the state itself. More importantly though, while in the American model the framers were looking for and trying to gain trust in an economic sense, the Israelis are more focused on gaining international respect, especially on civil rights issues.
Imitation May Not Always Be the Sincerest Form of Flattery: Why Color Wars in the United States and Europe May Result in Brand Dilution and Color Depletion
This comment will focus on the way in which courts in the United States and the European Union have navigated the nontraditional waters of the relevant intellectual property statutes through their statutory interpretations, knowledge of common business administration, and their understanding of commerce. More specifically, this comment will focus on color trademarks, the threat of dilution, and how United States and European Union laws on this topic interact.
Scholars and practitioners alike recognize that contract formation in today's China requires more than an understanding of black letter law, but also knowledge of cultural practices. While there is much literature, however, about the legal unenforceability of contracts, the importance of guanxi (relationships), mianzi (face), and interpersonal harmony, there is little mention of eating and drinking rituals. Since time immemorial, ritual eating and drinking have legal meaning in China. These rituals often are the heart of building trust and negotiating terms in China. They are also the foundation for performance and enforcement. Often, however, these rituals involve drunkenness, which sometimes has turned fatal for contracting parties. Binge drinking is reaching epidemic proportions in China and employers, including law firms, openly recruit persons who can drink heavily. “Ganbei” is a popular toast which means to empty one's cup. This article explores what I call “ganbei contracts,” the phenomenon of eating and drinking rituals in contract formation. I first discuss current Chinese contract black letter law, then contemporary ritual eating and drinking, the ancient roots of ritual practice, and then guidelines for proper contemporary practice consonant with a rule of virtue and law.
Please note the library hours for Thanksgiving Break. We hope that everyone has a great and safe Thanksgiving holiday!