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Bush V. Gore And Equal Protection, Martin D. Carcieri
Bush V. Gore And Equal Protection, Martin D. Carcieri
South Carolina Law Review
No abstract provided.
Floyd Davidson Spence - In Memorium, James H. Hodges
Floyd Davidson Spence - In Memorium, James H. Hodges
South Carolina Law Review
No abstract provided.
Adjudication And The Problems Of Incommensurability, Brett G. Scharffs
Adjudication And The Problems Of Incommensurability, Brett G. Scharffs
William & Mary Law Review
No abstract provided.
Internet Jurisdiction Today, Adria Allen
Internet Jurisdiction Today, Adria Allen
Northwestern Journal of International Law & Business
This paper will use the Yahoo case to illustrate the unique jurisdictional dilemma posed by the Internet as countries try to enforce their laws in an era when laws may be broken, through the use of the Internet, from other countries with conflicting laws.' Part I of this paper will address the Yahoo case and its importance to Internet jurisdiction. Part II will explore traditional jurisdiction and apply it to the Yahoo case. Part III will identify twopotential theories of Internet jurisdiction and investigate whether they are feasible solutions to the problem posed by the Yahoo case. Part IV will …
Easements On Tribal Sovereignty, Todd Miller
Easements On Tribal Sovereignty, Todd Miller
American Indian Law Review
No abstract provided.
International Criminal Law After Rome: Concerns From A U.S. Military Perspective, William K. Lietzau
International Criminal Law After Rome: Concerns From A U.S. Military Perspective, William K. Lietzau
Law and Contemporary Problems
Lietzau argues that the US cannot support the International Criminal Court because it fails to recognize its unique responsibilities in the world when issues of international peace and security are involved. The changes sought by the US in the Rome Statute of the International Criminal Court should be implemented not just because US participation is key to an effective, functioning court, but because enacting them promotes the rule of law and is therefore the right thing to do.
High Crimes And Misconceptions: The Icc And Non-Party States, Madeline Morris
High Crimes And Misconceptions: The Icc And Non-Party States, Madeline Morris
Law and Contemporary Problems
The dilemma underlying the debate about the International Criminal Court's jurisdiction over non-party nationals stems primarily from the conflicting needs for the ICC to have sufficient jurisdictional powers to bring to justice perpetrators of genocide, war crimes, and crimes against humanity, and simultaneously, for states to retain appropriate discretion regarding methods of dispute settlement when the lawfulness of their official acts is in dispute.
The International Criminal Court: Issues For Consideration By The United States Senate, Patricia Mcnerney
The International Criminal Court: Issues For Consideration By The United States Senate, Patricia Mcnerney
Law and Contemporary Problems
McNerney states that many in Congress who oppose the International Criminal Court are also some of the stronger advocates of the US speaking out against human rights abuses around the world. Rather than advocating the creation of an international criminal court that attempts to take decision making authority away from governments and invalidate the rule of law, however, they argue that more should be done to facilitate extradition of criminals to stand trial where they are accused.
Jurisdiction Of Ute Reservation Lands, John D. Barton, Candace M. Barton
Jurisdiction Of Ute Reservation Lands, John D. Barton, Candace M. Barton
American Indian Law Review
No abstract provided.
Nevada V. Hicks: No Threat To Most Nevada Tribes, Ronald Eagleye Johnny
Nevada V. Hicks: No Threat To Most Nevada Tribes, Ronald Eagleye Johnny
American Indian Law Review
No abstract provided.
International Law And The Problem Of Evil, A. Mark Weisburd
International Law And The Problem Of Evil, A. Mark Weisburd
Vanderbilt Journal of Transnational Law
In response to recent violations of human rights, some within the international legal community have called not only for intervention but for the establishment of an international court with jurisdiction to hear claims against persons alleged to have committed those violations. This Article questions the premise that it is necessary, or even desirable, for the international legal community to mandate intervention in such circumstances.
First, the Article examines the authority for international intervention to forestall massive human rights violations. Using the recent examples including Kosovo and East Timor, the Author compares scholarly responses with respect to both the human rights …
A Brave New Lochner Era? The Constitutionality Of Nafta Chapter 11, Steve Louthan
A Brave New Lochner Era? The Constitutionality Of Nafta Chapter 11, Steve Louthan
Vanderbilt Journal of Transnational Law
In the eight years since its adoption, NAFTA Chapter 11 has escaped significant scrutiny from academics and journalists alike. However, with the recent filing of several Chapter 11 expropriation claims involving U.S. states, Chapter 11 has begun to gain some notoriety in the press and sparked at least two legal symposia this past year.
This Note begins by highlighting the recent Methanex Chapter 11 claim involving the State of California. Methanex, a Canadian chemical manufacturer and importer, claimed $1.6 billion in damages over California's ban of the chemical MTBE. Despite the EPA'S classification of MTBE as a possible carcinogen and …
Toward U.S. Acceptance Of The International Criminal Court, Bruce Broomhall
Toward U.S. Acceptance Of The International Criminal Court, Bruce Broomhall
Law and Contemporary Problems
The US would be undermining its own interests by insisting on insulation of its personnel as the price for its toleration or support for the International Criminal Court. Broomhall argues that the US ought, in its own interest, to lay the foundations for eventually supporting the ICC, notwithstanding the potential (albeit remote) risk of investigation of its nationals.
The Icc’S Jurisdiction Over The Nationals Of Non-Party States: A Critique Of The U.S. Position, Michael P. Scharf
The Icc’S Jurisdiction Over The Nationals Of Non-Party States: A Critique Of The U.S. Position, Michael P. Scharf
Law and Contemporary Problems
Scharf analyzes the validity of the US argument against the International Criminal Court's jurisdiction over the national of non-party states in the context of historic precedent and the principles underlying international criminal jurisdiction, and demonstrates that it is not the jurisdiction of the ICC over the nationals of nonparty states, but the US government's legal argument, which rests on shaky foundations. He also highlights the potential unintended repercussions of the current US legal position.
Bringing The Camel Into The Tent: State And Federal Power Over Electricity Transmission , Cassandra Burke Robertson
Bringing The Camel Into The Tent: State And Federal Power Over Electricity Transmission , Cassandra Burke Robertson
Cleveland State Law Review
This paper provides a framework for understanding the current controversy regarding jurisdiction over the power grid, and provides policy-oriented solutions to ensure an adequate, low-cost transmission supply. The main thesis of this paper is that sound transmission policy requires greater federal power, and that Congress is better equipped than the courts to enact such policy. To this end, Part I of the paper offers an historical outline of the problem and analyzes the statutes and regulations that form the backbone of both the federal and state jurisdictional claims. Part II looks at legal considerations regarding the scope of federal jurisdiction. …
The Anticybersquatting Consumer Protection Act's In Rem Provision: Making American Trademark Law The Law Of The Internet?, Steven J. Coran
The Anticybersquatting Consumer Protection Act's In Rem Provision: Making American Trademark Law The Law Of The Internet?, Steven J. Coran
Hofstra Law Review
No abstract provided.