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Articles 1 - 5 of 5
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Too Porous For Protection? Loopholes In Eb-5 Investor Visa Oversight Are Cause For National Security Concern, Christine Ryan
Too Porous For Protection? Loopholes In Eb-5 Investor Visa Oversight Are Cause For National Security Concern, Christine Ryan
San Diego International Law Journal
This Comment examines whether continuation of the EB-5 Visa Program, as it currently stands, must be assessed in light of national security concerns. Part II will discuss the basics of acquiring an EB-5 Visa. Part III will discuss the changes in EB-5 requirements since the program was created, the recent surge in demand for EB-5 visas, and problems of EB-5 fraud. Part IV will examine the shift in perceived national security threats since the creation of the EB-5 Program and recent actions by CFIUS. Part V will address several shortcomings of the EB-5 Program and conclude that the EB-5 Visa, …
Proportionality In Perspective: Historical Light On The Law Of Armed Conflict, Jeremy Rabkin
Proportionality In Perspective: Historical Light On The Law Of Armed Conflict, Jeremy Rabkin
San Diego International Law Journal
The argument of this article is that the proportionality rule in AP–I does express a doctrine that has real roots in western military practice, but it was not traditionally understood as the severe constraint on military operations that the Red Cross propounds. The western States at the Geneva drafting conference did not resist the proportionality rule. In fact, they were active sponsors of that formulation. They understood that rule to be consistent with past practice, including most Allied tactics in the world wars. At the time of the drafting conference, World War II was still within the personal memory of …
A Comparison Of The Jurisprudence Of The Ecj And Efta Court On The Free Movement Of Good In The Eea: Is There An Intolerable Separation Of Article 34 Of The Tfue And Article 11 Of The Eea?, Jarrod Tudor
San Diego International Law Journal
Article 11 of the European Economic Area (“EEA”) and Article 34 of the Treaty on the Functioning of the European Union (“TFEU”) prohibit quantitative restrictions on the free movement of goods. The EEA is monitored by the European Free Trade Area Court (“EFTA Court”) and the TFEU is monitored by the European Court of Justice (“ECJ”). In theory, the EFTA Court and the ECJ should interpret Article 11 and Article 34 in the same manner in order to promote harmonization of the law on the free movement of goods and allow for further economic integration between EFTA and the EU. …
Using The Ability To Host World Events As Incentive To Procure Voluntary Anti-Discrimination Legal Reform, Brett M. Crowell
Using The Ability To Host World Events As Incentive To Procure Voluntary Anti-Discrimination Legal Reform, Brett M. Crowell
San Diego International Law Journal
The International Olympic Committee (IOC) and Federation Internationale de Football Association (FIFA) have the power to effect global change. Countries vie for the honor of hosting world events such as the Olympic Games and the World Cup because of the prestige and the economic and political gains those events provide. The IOC and FIFA can and should use the incentive of hosting one of these events to procure legal reform in myriad humanitarian equality issues such as sexual orientation, gender, and race. These organizations can prompt this change by requiring that host countries uphold a set of minimum legal standards …