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Articles 1 - 9 of 9
Full-Text Articles in Entire DC Network
Canadian Corporations Bound By The Phoenix: Setting The Path For The United States, Kelly Brickman
Canadian Corporations Bound By The Phoenix: Setting The Path For The United States, Kelly Brickman
Global Business Law Review
This Note argues that the United States courts have jurisdiction to consider corporate liability for international law violations of human rights under the reasoning of the Supreme Court of Canada, in Nevsun Resources Ltd. v. Araya. The United States Supreme Court has escaped holding such liability exists, but Canada has outlined how countries, such as the United States, no longer can avoid holding corporations liable under customary international law. Corporate liability for human rights violations committed abroad is a cutting-edge issue. The United States Supreme Court has considered the issue before, but the Court used different analyses and was …
Australia’S Boatpeople Policy: Regional Cooperation Or Passing The Buck?, Christopher C. White
Australia’S Boatpeople Policy: Regional Cooperation Or Passing The Buck?, Christopher C. White
Cultural Encounters, Conflicts, and Resolutions
The Australian government implemented a new policy in July 2013 in an attempt to more effectively address the recent spike in irregular migrants trying to reach its shores. In this paper, I examine the panic over migration in Australia concerning asylum seekers arriving by boat. The discussion is divided into two main themes. First, I look at how the Australian government is attempting to manage irregular immigration with a specific focus on the regional arrangement with Papua New Guinea. I argue that instead of mutually beneficial efforts at regional cooperation, the Australian government is merely shifting its responsibilities to a …
The Unconstitutionality Of Oklahoma's Sq 755 And Other Provisions Like It That Bar State Courts From Considering International Law, Penny M. Venetis
The Unconstitutionality Of Oklahoma's Sq 755 And Other Provisions Like It That Bar State Courts From Considering International Law, Penny M. Venetis
Cleveland State Law Review
This paper will discuss SQ 755's many legal deficiencies, focusing primarily on its constitutional infirmities. First, SQ 755 is a clear violation of the Supremacy Clause of Article VI of the U.S. Constitution. The prohibition on looking to international law requires that Oklahoma courts disregard U.S. treaty obligations, and the law of nations (also known as customary international law), which are all binding on American courts. Second, SQ 755 unconstitutionally limits a state's duty to give full faith and credit to the judicial decisions of other states. The law is clear that no state has the authority to condition its …
Germs On A Plane: Legal Protections Afforded To International Air Travelers And Governments In The Event Of A Suspected Or Actual Contagious Passenger And Proposals To Strengthen Them, Alexandra R. Harrington
Germs On A Plane: Legal Protections Afforded To International Air Travelers And Governments In The Event Of A Suspected Or Actual Contagious Passenger And Proposals To Strengthen Them, Alexandra R. Harrington
Journal of Law and Health
This article calls for the creation of an international public health do-not-fly list akin to those used by Interpol and the United States government as a stop-gap measure to ensure that passengers who have been diagnosed with infectious diseases or have been exposed to infectious diseases are unable to travel until it is established that it is medically safe for them to do so. This article has also called for amendments to the IHR and the Vienna Conventions to clarify the rights and obligations of travelers and states in the event of a suspected or established case of infectious disease …
Diverging Perspectives On Electronic Contracting In The U.S. And Eu, Jane K. Winn, Brian H. Bix
Diverging Perspectives On Electronic Contracting In The U.S. And Eu, Jane K. Winn, Brian H. Bix
Cleveland State Law Review
Margaret Jane Radin's paper discusses the ways modern technologies have prompted new thinking within and about property, and the way the legal response has failed to take sufficiently into account the countervailing considerations that have shaped earlier Property Law developments. Some new technologies have also caused intellectual and practical struggles within Contract Law. This paper will consider some of the developments of Contract Law related to these changes, in particular the transactions relating to the sale, leasing or free use of computer software and the purchase of computers. Part I of this paper introduces the topic and offers an overview …
International Response To Dolly: Will Scientific Freedom Get Sheared , Melissa K. Cantrell
International Response To Dolly: Will Scientific Freedom Get Sheared , Melissa K. Cantrell
Journal of Law and Health
This Comment will discuss the current threat to scientific freedom posed by absolute bans on human cloning. Parts II and III discuss the response of the United States and the international community to Dolly. Part IV discusses the legal position of scientific freedom in the U.S. and abroad. Finally, Part V will posit that a total ban on human cloning infringes on the freedom of scientific inquiry, and endangers the public by encouraging the establishment of black market cloning clinics.
The Law And Assisted Reproduction In The United Kingdom And United States, Robert L. Stenger
The Law And Assisted Reproduction In The United Kingdom And United States, Robert L. Stenger
Journal of Law and Health
The development, publicity and availability of new and assisted methods of human reproduction raise profound ethical, legal and medical concerns. As for any new medical technology, there is a need for research and experimentation. At the same time, because human life is involved, there are calls for ethical and legal evaluations and regulations. These new technologies have been developed and applied in different countries, each with different cultures and legal traditions. It is instructive to compare how different countries respond legally to such new technologies. A comparison between the United States and United Kingdom is particularly enlightening because both share …
The University And The Bail System: In Loco Altricis, Harry W. Pettigrew
The University And The Bail System: In Loco Altricis, Harry W. Pettigrew
Cleveland State Law Review
The central argument of this article is that where a transient college student is arrested financial bail is seldom necessary to assure the defendant's presence in court. However, in such a case financial bail is almost always required by the court, since in the area of bail, as with other criminal law problems, the pragmatic exigencies of the traditional American criminal law system place a heavy burden on any transient to realize the same protections, privileges, and rights provided the indigenous population.' The principal objective of this article is to describe an alternative to the financial bail system for the …
Consular Officer's Amenability As Witness, Stephen J. Werber
Consular Officer's Amenability As Witness, Stephen J. Werber
Cleveland State Law Review
Contrary to the extensive immunities granted to members of the diplomatic service, members of consular posts are given only limited privileges and immunities. The existence and limitation of consular immunities arise by virtue of the office. Thus the consular officer can be called upon to testify in both civil and criminal matters under common law, international law, and treaty provision. In the absence of a treaty, consuls are generally exempt from giving testimony relating to matters acquired within the scope of their official duties or as to material contained in the consular archives. The purpose of this paper is to …