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Articles 1 - 30 of 90
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How The U.S. Occupation Imposed Economic Reforms On Iraq Irrespective Of International Law As A Foundation For The Present Oil Bonanza, Robert Bejesky
How The U.S. Occupation Imposed Economic Reforms On Iraq Irrespective Of International Law As A Foundation For The Present Oil Bonanza, Robert Bejesky
Syracuse Journal of International Law and Commerce
No abstract provided.
Syracuse Journal Of International Law And Commerce - Vol. 43, No. 1 (Complete)
Syracuse Journal Of International Law And Commerce - Vol. 43, No. 1 (Complete)
Syracuse Journal of International Law and Commerce
No abstract provided.
Addressing The 'Failure' Of Informed Consent In Online Data Protection: Learning The Lessons From Behaviour-Aware Regulation, Shara Monteleone
Addressing The 'Failure' Of Informed Consent In Online Data Protection: Learning The Lessons From Behaviour-Aware Regulation, Shara Monteleone
Syracuse Journal of International Law and Commerce
Information notice and data subject's consent are the current main legal safeguards of data protection and privacy rights: they reflect individuals' instances, such as self-determination and control over one's own private sphere, that have been acknowledged in many jurisdictions. However, the theoretic strength of these safeguards appears frustrated by current online practices that seem suggesting to give-up with their most common form of implementation: privacy notices and request for consent. These measures are proving to be unsuccessful in increasing users' awareness and in fostering a privacy protective-behaviour. As recent studies have shown, although people declare privacy concerns, their actual behaviour …
Filling The Gaps: New Proposals For The Convention On The Rights Of A Child, Kathleen Boumans
Filling The Gaps: New Proposals For The Convention On The Rights Of A Child, Kathleen Boumans
Syracuse Journal of International Law and Commerce
No abstract provided.
Cpa Dictates On Iraq: Not An Update To The Customary International Law Of Occupation But The Nucleus Of Blowback With The Emergence Of Isis, Robert Bejesky
Cpa Dictates On Iraq: Not An Update To The Customary International Law Of Occupation But The Nucleus Of Blowback With The Emergence Of Isis, Robert Bejesky
Syracuse Journal of International Law and Commerce
No abstract provided.
Road To Recovery: Pakistan's Human Rights Crises In The Fata, Naji'a Tameez
Road To Recovery: Pakistan's Human Rights Crises In The Fata, Naji'a Tameez
Syracuse Journal of International Law and Commerce
No abstract provided.
Syracuse Journal Of International Law And Commerce - Vol. 42, No. 2 (Complete)
Syracuse Journal Of International Law And Commerce - Vol. 42, No. 2 (Complete)
Syracuse Journal of International Law and Commerce
No abstract provided.
"Softness" In International Instruments: The Case Of Transnational Corporations, Harri Kalimo, Tim Staal
"Softness" In International Instruments: The Case Of Transnational Corporations, Harri Kalimo, Tim Staal
Syracuse Journal of International Law and Commerce
No abstract provided.
Shifting Paradigms: Promoting An American Adoption Campaign For Afghan Children, Kulsoom K. Ijaz
Shifting Paradigms: Promoting An American Adoption Campaign For Afghan Children, Kulsoom K. Ijaz
Syracuse Journal of International Law and Commerce
No abstract provided.
"Softness" In International Instruments: The Case Of Transnational Corporations, Harri Kalimo, Tim Staal
"Softness" In International Instruments: The Case Of Transnational Corporations, Harri Kalimo, Tim Staal
Syracuse Journal of International Law and Commerce
No abstract provided.
Legal Cases On Posthumous Reputation And Posthumous Privacy: History Censorship, Law, Politics And Culture, Bo Zhao
Syracuse Journal of International Law and Commerce
It is a well-established doctrine in common law countries that law does not protect the reputation and privacy of the deceased. However, many countries, including Westem European democracies, protect them to various extents by confining free expression and exchange of information and ideas regarding the dead and the past. Such an instrumental use of defamation law and privacy law can provide censorship of history with justifiable legal grounds. Based on an analysis of representative legal cases on posthumous reputation and posthumous privacy collected across the world, this article tries to offer a thorough analysis of the phenomenon of how legal …
Syracuse Journal Of International Law And Commerce - Volume 41, Number 2 (Complete)
Syracuse Journal Of International Law And Commerce - Volume 41, Number 2 (Complete)
Syracuse Journal of International Law and Commerce
No abstract provided.
A Nuclear Kellogg-Briand Pact: Proposing A Treaty For The Renunciation Of Nuclear War As An Instrument Of National Policy, David Koplow
A Nuclear Kellogg-Briand Pact: Proposing A Treaty For The Renunciation Of Nuclear War As An Instrument Of National Policy, David Koplow
Syracuse Journal of International Law and Commerce
No abstract provided.
Establishing Liability For The Enslavement And Forced Labor Of Children Under The Alien Tort Statute, Katie Wendle
Establishing Liability For The Enslavement And Forced Labor Of Children Under The Alien Tort Statute, Katie Wendle
Syracuse Journal of International Law and Commerce
No abstract provided.
How The Commander In Chief's "Call For Papers" Veils A Path Dependent Result Of Torture, Robert Bejesky
How The Commander In Chief's "Call For Papers" Veils A Path Dependent Result Of Torture, Robert Bejesky
Syracuse Journal of International Law and Commerce
No abstract provided.
The Libor Manipulation Scandal & The Wheatley Review: A Band-Aid On A Knife Wound, John Weldon
The Libor Manipulation Scandal & The Wheatley Review: A Band-Aid On A Knife Wound, John Weldon
Syracuse Journal of International Law and Commerce
No abstract provided.
Cakes Without Sugar: Reasons Behind Foreign Investor Reluctance To Enter Mesopotamia, Nidham G. Al Abasey
Cakes Without Sugar: Reasons Behind Foreign Investor Reluctance To Enter Mesopotamia, Nidham G. Al Abasey
Syracuse Journal of International Law and Commerce
No abstract provided.
Syracuse Journal Of International Law And Commerce - Volume 41, Number 1 (Complete)
Syracuse Journal Of International Law And Commerce - Volume 41, Number 1 (Complete)
Syracuse Journal of International Law and Commerce
No abstract provided.
The Threat Of Border Security On Indigenous Free Passage Rights In North America, Joshua J. Tonra
The Threat Of Border Security On Indigenous Free Passage Rights In North America, Joshua J. Tonra
Syracuse Journal of International Law and Commerce
This note will examine the development and current state of passage rights under United States (Part I), Canadian (Part II), and Mexican law (Part 111). Part IV of this note will then critically explore the current state of the law as it affects two tribes whose homelands are bisected by the United States' borders with its neighbors: the Mohawk Nation, along the U.S.-Canada border; and the Tohono O'odham, on the U.S.-Mexico border. The Note will conclude with an examination of a number of possible changes to border policies affecting the indigenous nations, and a proposal for a unified policy for …
Getting A Good Buy With A Little Help From A Friend: Turning To The United States To Go Forward With Australian Takeovers Regulation, James Mcconvill
Getting A Good Buy With A Little Help From A Friend: Turning To The United States To Go Forward With Australian Takeovers Regulation, James Mcconvill
Syracuse Journal of International Law and Commerce
The idea behind this article is to unlock the hidden "genius" of Australian takeovers law. 1 This is to be achieved not by way of legislative reform, but rather by taking a fresh look at the law which already exists, in light of the structure of U.S. takeovers law and innovation in U.S. corporate law scholarship, along with the use of principles and concepts in marketing. It will draw upon the U.S. economic analysis of law and corporate law; more specifically, treating law as a product in a market. Accordingly, this makes it useful to draw upon principles of marketing …
"Birds Of A Feather" Rico: Trying Partners In Crime Together, Julie Gunnigle
"Birds Of A Feather" Rico: Trying Partners In Crime Together, Julie Gunnigle
Syracuse Journal of International Law and Commerce
This Article examines how RICO's substantive elements, namely "enterprise," "pattern," and "racketeering activity," shift the balance of power in a criminal prosecution by altering the application of procedural and evidentiary rules. Part I reviews the relevant procedural and evidentiary rules, as they existed before RICO and the advent of the "enterprise trial." Part II introduces RICO and examines how it changed the application of these rules, with particular focus on the law of joinder of offenses and offenders. Part III examines the law of joinder and severance in the U .K. where the primary paradigm for a trial is a …
Exercising Their Rights: Native American Nations Of The United States Enhancing Political Sovereignty Through Ratification Of The Rome Statute, Kristoffer P. Kiefer
Exercising Their Rights: Native American Nations Of The United States Enhancing Political Sovereignty Through Ratification Of The Rome Statute, Kristoffer P. Kiefer
Syracuse Journal of International Law and Commerce
The Rome Statute for the International Criminal Court (ICC) provides an ideal opportunity for Native American nations to begin attaining the rights and protections they have sought from the U.S. Government. Essentially, ratification would establish a legal relationship between Native American tribal governments and the ICC, as an international body, permitting Native American nations to interact independently with international organizations and States. Native Americans could help lay the foundation for establishing international legal personality-something previously denied by the United Nations (U.N.)-through ratification. In tum Native Americans would place pressure on the United States Government to recognize their political sovereignty. The …
Reflecting On The Rule Of Law, Its Reciprocal Relation With Rights, Legitimacy And Other Concepts And Institutions, Samuel J.M. Donnelly
Reflecting On The Rule Of Law, Its Reciprocal Relation With Rights, Legitimacy And Other Concepts And Institutions, Samuel J.M. Donnelly
Syracuse Journal of International Law and Commerce
When bringing social science to the study of law, understanding the role of law in the process of social change is central. The great American example of social change influenced by law begins, of course, with the end of our Civil War, the freeing of the slaves, and continues through the establishment of segregation, the attacks upon it, desegregation and the development of affirmative action. May I suggest that another very important sequence of legal and social changes is the development and recognition of human rights in the European Union since · World War 11. In the first part of …
Do Free Markets Create Free Societies?, Samuel Krislov
Do Free Markets Create Free Societies?, Samuel Krislov
Syracuse Journal of International Law and Commerce
The notion that markets lead to law and freedom is said to have originated in Adam Smith's work and rooted in history. Both the progression and roots seem highly problematic. Neo-Smithian approaches have been refurbished by general acceptance of a contingent nature of the relation. They have also been enhanced by the failures of European Marxist economics in ways predicted with uncanny accuracy. On the other hand, neo-classical claims of democratic welfare system were only a step away from similar failures, which have been refuted. Hopes that an international system might impose democracy from outside the nation-state are overly optimistic. …
Reinventing Public Administration While "De-Inventing" Administrative Law: Is It Time For An "Apa" For Regulating Outsourced Government Work, David H. Rosenbloom, Suzanne J. Piotrowski
Reinventing Public Administration While "De-Inventing" Administrative Law: Is It Time For An "Apa" For Regulating Outsourced Government Work, David H. Rosenbloom, Suzanne J. Piotrowski
Syracuse Journal of International Law and Commerce
Using state-of-the art "reinvented" public administration, which emphasizes steering rather rowing,2 the DOD outsourced creation of the database to a private firm, BeNow, Inc. In the process of reinventing its public administration the U.S. is "de-inventing" administrative law. More importantly, perhaps, it is doing so by default, that is, without serious and substantial public discussion and political debate on whether cost-effectiveness and other values associated with reinvented public administration should trump the norms embodied in administrative law. The readiness to accept the reinventers' vision of "a government that works better and costs less" is all the more striking in view …
2004-2005 Survey Of International Law In The Second Circuit, Nancy A. Noonan
2004-2005 Survey Of International Law In The Second Circuit, Nancy A. Noonan
Syracuse Journal of International Law and Commerce
This survey reviews significant case law from the United States Court of Appeals for the Second Circuit, the Federal District Courts in New York, and the New York Court of Appeals decided from July 1, 2003 through June 30, 2004. Those cases which overturned old law and/or broke new ground were included in this survey. Consequently, cases that simply reaffirmed previous decisions were not reported.
American Society And The Rule Of Law, Philip Selznick
American Society And The Rule Of Law, Philip Selznick
Syracuse Journal of International Law and Commerce
I am here to bring some thoughts about my own country's experience in trying to understand the meaning of the rule of law and to make good on its promise. I will have to take up some issues in jurisprudence, and also some aspects of American legal history. I do not apologize for combining jurisprudence and sociology of law, for that combination faithfully reflects what we are trying to achieve in the Jurisprudence and Social Policy Program (JSP) in the Boalt School of Law at the University of California, Berkeley. I begin with some comments on the meaning of the …
Community And Democracy: Syracuse Reflections, Richard E.D. Schwartz
Community And Democracy: Syracuse Reflections, Richard E.D. Schwartz
Syracuse Journal of International Law and Commerce
How does the American experience with democracy contribute to our understanding of the prospects for, and paths to, democracy worldwide?" Another half of the papers prepared for the Conference deal with the experience of other countries, many of them moving toward rule-of-law democracy. Taken together, they represent a sample of our present knowledge-and they suggest new directions for future research. Communities with certain qualities contribute to the development and sustaining of democracy. The qualities to which I refer include: mutual respect across lines of division and the creative composition of differences. At Syracuse, we saw two kinds of community: local …
Democratic Policing Confronts Terror An Protest, Jerome H. Skolnick
Democratic Policing Confronts Terror An Protest, Jerome H. Skolnick
Syracuse Journal of International Law and Commerce
The idea of legal evolution to a rule of law necessarily implies restraints upon the coercive power of the state. Whatever we might mean by coercive state power, surely the institution of the police embodies the essence of such power. Democratic policing has long been a guiding concern in studies of American policing; and it is a major goal of nations in transition to democracy, especially those in Eastern Europe.2 By those seeking change, democratic policing must be concerned with the rule of law as well as with crime and public order and terrorism. In this article, I intend to …
Franklin D. Roosevelt's Psychological Contribution To The United Nations, Richard E. D. Schwartz
Franklin D. Roosevelt's Psychological Contribution To The United Nations, Richard E. D. Schwartz
Syracuse Journal of International Law and Commerce
FDR promoted U.S. participation in the United Nations in several ways. In this article I focus on his use of mass communication to reach individuals and families in the U.S. In his ''fireside chats, " he empathically addressed widely experienced problems and then proposed solutions requiring publicly supported governmental actions. In his first term, that technique gained Roosevelt popular support for the New Deal programs. In his second term, FDR turned the nation's attention to the international situation, drawing on the motivations he had earlier tapped. In the 1940 election, both major parties chose internationalist candidates, and Roosevelt was able …