Vol. XXXVII No. 2

Foreign Policy and the Chinese Constitutions During the Hu Jintao Administration

Abstract: This Article is a close examination of how China’s dual constitution system—that is, the nexus of governing power as outlined between the State Constitution and the Communist Party Constitution—provides both jurisdictional and substantive guidance to Chinese foreign policy makers. It especially focuses on the Hu Jintao administration (2002–2012) as the foremost example of grounding foreign […]

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The Pretrial Discovery Process in Civil Cases: A Comparison of Evidence Discovery Between China and the United States

Abstract: This article compares and contrasts the pre-trial discovery mechanisms used in China and the United States, as well as the advantages and disadvantages of each. Although both use similar discovery tools, like requests to inspect evidence and expert examination of the parties, their discovery systems vary greatly. Ultimately, China prefers that judges largely conduct […]

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A Tale of Two Countries: Comparing the Law of Inheritance in Two Seemingly Opposite Systems

Abstract: Although at first glance French and U.S. inheritance laws appear to be diametrically opposed, this paper provides a deeper analysis. In doing so, it explains that nuances within both systems have made the laws more similar than they initially appear. U.S. inheritance laws, explicitly characterized by freedom of testation, include numerous substantive limits on […]

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Command Responsibility—A Legal Obligation to Deter Sexual Violence in the Military

Abstract: The United States should adopt the international doctrine of command responsibility within the Uniform Code of Military Justice (UCMJ) as a solution to widespread reports of intra-military rape and sexual assault. Applying command responsibility to serious violations of the UCMJ, like rape, would establish a clear mandate for the military to prosecute any commander […]

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Making Chocolate Sweeter: How to Encourage Hershey Company to Clean Up Its Supply Chain and Eliminate Child Labor

Abstract: Child labor is a complex issue that deeply permeates cocoa production in West Africa. Multinational corporations, such as Hershey Company, are often in the best position to address child labor because these human rights violations occur within their own supply chains. The U.S. legislature can encourage multinational corporations to address child labor through mandatory […]

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To Bribe a Prince: Clarifying the Foreign Corrupt Practices Act Through Comparisons to the United Kingdom’s Bribery Act of 2010

Abstract: Bribery in overseas markets is a major concern for U.S. foreign policy. In the 1970s, after allegations of corruption abroad, the U.S. Congress passed the Foreign Corrupt Practices Act (FCPA). The FCPA outlines civil and criminal sanctions for corporations that seek to bribe “foreign officials.” It also inspired responses from other states, including the […]

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