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Articles 1 - 12 of 12
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A Modest Memo, Yxta Maya Murray
A Modest Memo, Yxta Maya Murray
Michigan Journal of Race and Law
A Modest Memo is a satire in the form of a legal memo written for President-Elect Donald Trump circa November 2016. It counsels Mr. Trump to obtain Mexican funding for a United States-Mexico “Wall” via United Nations Security Council sanctions. These sanctions would freeze remittances (that is, “hold them hostage”) until Mexican President Enrique Peña Nieto wired the United States sufficient monies for construction. The memo, which is entirely the product of my imagination and legal study, contemplates one of the many possible worst case scenarios threatened by the Trump presidency. Through the arts of law and literature, I aim …
Citizenship Overreach, Peter J. Spiro
Citizenship Overreach, Peter J. Spiro
Michigan Journal of International Law
This Article examines international law limitations on the ascription of citizenship and national self-definition. The United States is exceptionally generous in its extension of citizenship. Alone among the major developed states, it extends citizenship to almost all persons in its territory at the moment of birth. This birthright citizenship is constitutionally protected under the Fourteenth Amendment. At the same time that it is generous at the front end, U.S. citizenship is sticky at the back. Termination of citizenship on the individual’s part can involve substantial fees. Expatriation is contingent on tax compliance and, in some cases, will implicate the recognition …
Trying Terrorism: Joint Criminal Enterprise, Material Support, And The Paradox Of International Criminal Law, Alexandra Link
Trying Terrorism: Joint Criminal Enterprise, Material Support, And The Paradox Of International Criminal Law, Alexandra Link
Michigan Journal of International Law
This Note will examine theoretical problems in ICL and public international law by evaluating the practical implications of applying ICL sources to find criminal liability outside the narrow confines of the international tribunals. It will examine the problems posed by the conflicting standards of the Rome Statute and ICTY jurisprudence as a matter of customary international law, the failure of U.S. courts to effectively confront the contextual and doctrinal analysis necessary to determine the limitations of these sources, and the proper application of these sources to the issues raised in Hamdan II and Al Bahlul. Viewing ICL through the lens …
Satmed: Legal Aspects Of The Physical Layer Of Satellite Telemedicine, Stephen Rooke
Satmed: Legal Aspects Of The Physical Layer Of Satellite Telemedicine, Stephen Rooke
Michigan Journal of International Law
In 2003, Paul Hunt, the U.N. Commission on Human Rights' Special Rapporteur on the Right to Health, presented a report on the global availability of health care. Special Rapporteur Hunt argued that states are obligated to implement a right to health. Included in this right is the obligation "to ensure that no international agreement or policy adversely impacts upon the right to health, and that .. . international organizations take due account of the right to health, as well as the obligation of international assistance and cooperation, in all policy-making matters." One area Hunt left unexplored in his report was …
Is Poetry A War Crime? Reckoning For Radovan Karadzic The Poet-Warrior, Jay Surdukowski
Is Poetry A War Crime? Reckoning For Radovan Karadzic The Poet-Warrior, Jay Surdukowski
Michigan Journal of International Law
This Note will suggest that the Office of the Prosecutor of the International Criminal Tribunal for the former Yugoslavia (ICTY) can use Karadzic's texts and affectations to warrior poetry in the pretrial brief and in admitted evidence, if and when Karadzic ultimately appears for trial. The violent nationalism of radio broadcasts, political journals, speeches, interviews, and manifestos have been fair game for the Office of the Prosecutor to make their cases in the last decade in both the Yugoslavia and Rwanda Tribunals. Why should poetry, perhaps the most powerful maker of myth and in the Yugoslavia context, a great mover …
Blending Criminal Procedure At The Ad Hoc Tribunals, William A. Schabas
Blending Criminal Procedure At The Ad Hoc Tribunals, William A. Schabas
Michigan Journal of International Law
Review of International Criminal Evidence by Richard May & Marieke Wierda
Is The Law Of War Really Law? War And Law Since 1945, Alfred P. Rubin
Is The Law Of War Really Law? War And Law Since 1945, Alfred P. Rubin
Michigan Journal of International Law
Review of Law and War Since 1945 by Geoffrey Best
The Role Of Legal Advisers In Ensuring That Foreign Policy Conforms To International Legal Standards, Antonio Cassese
The Role Of Legal Advisers In Ensuring That Foreign Policy Conforms To International Legal Standards, Antonio Cassese
Michigan Journal of International Law
With the help of a research team, the author spoke to the people most responsible for using-or ignoring-international law today: present and former foreign ministers and their chief legal advisers, hereafter referred to as LAs. From them, he hoped to get direct and first-hand evidence on the role played by international law in today's political arena. By sounding them out as thoroughly as the author and team of researchers did, it is now possible to shed some light on the role played by law and lawyers in foreign affairs. Part I of this essay will describe the role Legal Advisers' …
Maritime Contiguous Zones, Lloyd C. Fell
Maritime Contiguous Zones, Lloyd C. Fell
Michigan Law Review
During the past two centuries, various states which had previously limited their claims of full sovereignty to narrow marginal seas have also asserted special types of jurisdiction over high seas zones outside what they claimed (or what others accepted) as territorial waters. This comment deals with such claims to contiguous zones of the high seas over which the littoral state asserts authority: which may affect the interests of other states.
Lectures On The Conflict Of Laws And International Contracts, University Of Michigan Law School
Lectures On The Conflict Of Laws And International Contracts, University Of Michigan Law School
Summer Institute on International and Comparative Law
The lectures contained in this volume were delivered at Ann Arbor in the course of the sessions of the Summer Institute on International and Comparative Law under the auspices of the University of Michigan Law School, August 5 to 21, 1949. As a part of the institute program that has been inaugurated with the encouraging support not merely of the Faculty of the Law School but also of many interested members of the bar - a program designed to supplement the ordinary course of legal studies through the exploration of "frontiers of the law" in lectures and discussions delivered or …
Neutrality And The European War 1939-1940, Josef L. Kunz
Neutrality And The European War 1939-1940, Josef L. Kunz
Michigan Law Review
Obviously it is still impossible and will be impossible for some time to make a definitive legal research into the problem of neutrality during the present European war. Most important facts and documents are still unpublished, inaccessible or shrouded in the fog of contradictions and propaganda. The duration and the outcome of the war are still uncertain and nobody can foresee what type of world will emerge from this war and what the future of neutrality in this type of world will be.
Canada's Treaty Making Power, C. D. Allin
Canada's Treaty Making Power, C. D. Allin
Michigan Law Review
The question of the treaty-making power of the Dominion of Canada was raised in an acute form during the negotiations between Great Britain and the United States governments over the halibut fisheries. After several years of investigation and negotiation, a draft agreement was drawn up by the American State Department and sent to the Canadian government through the British ambassador at Washington. According to the title and preamble of the treaty, the convention was drawn up between the United States and Great Britain, but by Article I, "The Nationals and inhabitants and fishing vessels and boats of the United States …