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Articles 1 - 20 of 20
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"Hang The Kaiser:" Philosophically Mediated Explanations Of World War I By The Decisions And Actions Of Those Responsible For The War, Michael S. Moore
"Hang The Kaiser:" Philosophically Mediated Explanations Of World War I By The Decisions And Actions Of Those Responsible For The War, Michael S. Moore
The Journal of Contemporary Legal Issues
There has been a long-standing curiosity about why Europe destroyed itself in 1914 by starting the catastrophe known as World War I. In the past decade some of this interest was no doubt due to the coincidental fact that one hundred years had passed since the events in question took place. But the origins of the War hold a much deeper interest than that. Part of that deeper interest stems from the perceived impact that War had on the subsequent history not only in Europe, but in the rest of the world—the Russian Revolution, the end of colonial empires, World …
Ireland’S Case Of Diminishing Returns: How Ireland’S Corporate Tax Policy Fails To Serve The Irish People And Their Democracy, Ronan Nelson
Ireland’S Case Of Diminishing Returns: How Ireland’S Corporate Tax Policy Fails To Serve The Irish People And Their Democracy, Ronan Nelson
San Diego International Law Journal
This Comment starts by providing a historical overview of Irish corporate tax policy and the significant role it played in bringing the country up to economic strength with other economies in Western Europe. Then, it explains the current state of Ireland’s corporate tax code and explores influential legislation in the European Union and the United States governing their respective approaches to tax competition and tax harmonization. This is done to more clearly juxtapose the Irish government’s outdated, yet continuing maintenance of the country’s tax haven status with changes in international tax enforcement and corporate tax policy that further diminish the …
Jews, Not Pagans, Richard Schragger, Micah Schwartzman
Jews, Not Pagans, Richard Schragger, Micah Schwartzman
San Diego Law Review
Richard Schragger & Micah Schwartzman’s contribution to the 2019 Editors’ Symposium: Pagans and Christians in the City.
Legal Responses To The European Union’S Migration Crisis, Graham Butler
Legal Responses To The European Union’S Migration Crisis, Graham Butler
San Diego International Law Journal
The European Union (“EU”) imposes on itself its own constraints in which it performs as an external actor, and yet, there is little acknowledgment of this imposed constraint. It is the post-2015 migration crisis, an unexpected occurrence, which has brought the fields of EU external relation law and EU migration law together. Europe’s external border, on both land and sea, has tightened through legal acts of non-traditional nature, namely, the resort to securitisation and militarisation. Challenges, such as mass irregular migration, require more than just individual responses from a few selected Member States that are directly affected by the issue. …
The Prosecution Of Pirates And The Enforcement Of Counter-Piracy Laws Are Virtually Incapacitated By Law Itself, Waseem Ahmad Qureshi
The Prosecution Of Pirates And The Enforcement Of Counter-Piracy Laws Are Virtually Incapacitated By Law Itself, Waseem Ahmad Qureshi
San Diego International Law Journal
The legal framework to fight and suppress piracy is embodied largely in the United Nations Convention on the Law of Sea (“UNCLOS”), 1982, which is supplemented by United Nations Security Council Resolutions, and international conventions and treaties. This Article aims to critique the existing legal framework against piracy and challenge its efficacy in successfully curbing and eradicating piracy around the world throughout history. Unlike the extensive literature on legal studies of piracy, this Article recognizes piracy as a global menace, rather than observing it through the lens of regional differences. Consequently, this Article seeks to identify creeks and holes within …
A Shrouded Remedy: Increasing Transparency In The Irs Advance Pricing And Mutual Agreement Program By Releasing Redacted Advance Pricing Agreements And Increasing Administrative Disclosures, Blake L. Currey
San Diego Law Review
This Comment examines the current state of the IRS’s handling of pricing agreements within the APMA Program, arguing that the IRS should improve the Program by increasing its transparency to coincide with the additional resources being devoted to the Program, the IRS’s elevating transfer pricing enforcement, and the modern valuation challenges in transfer pricing. Part II further introduces transfer pricing and the arm’s length standard, and Part III examines the recent performance of the APMA Program. Part IV explores the Program’s troubling lack of transparency. Part V analyzes the legal and financial interests implicated by improving the Program’s transparency, arguing …
Brown V. Board In The World: How The Global Turn Matters For School Reform, Human Rights, And Legal Knowledlge, Martha Minow
Brown V. Board In The World: How The Global Turn Matters For School Reform, Human Rights, And Legal Knowledlge, Martha Minow
San Diego Law Review
Global perspectives can contribute to our understandings of any one nation’s laws and decisions. In this light, America’s educational landmark, Brown v. Board of Education, matters not just for the United States but around the world. Inside the United States, a cottage industry of academic scholars studies the influence of Brown where the decision’s impact reaches well beyond racial desegregation of schools. The litigation has by now a well-known and complicated relationship to actual racial integration within American schools, as the case perhaps exacerbated tensions and slowed otherwise gradual reform, and perhaps at the same time galvanized the social movement …
Cyberterrorism In The Context Of Contemporary International Law, Yaroslav Shiryaev
Cyberterrorism In The Context Of Contemporary International Law, Yaroslav Shiryaev
San Diego International Law Journal
The present Article addressed the legal issues surrounding cyberterrorism. In the first chapter, the author explains why cyberterrorism should be described as “the use of electronic networks taking the form of a cyber-attack to commit a) a substantive act criminalized by the existing legal instruments prohibiting terrorism, or b) an act of terrorism under international customary law.” Further, with a special emphasis on existing anti-terrorism conventions and customary international law, it was demonstrated which actors are likely to engage in acts of cyberterrorism (non-state actors, corporations and individuals), as well as which targets are protected by law and which aims …
An International Perspective On Battling The Bulge: Japan's Anti-Obesity Legislation And Its Potential Impact On Waistlines Around The World, Christin Lawler
An International Perspective On Battling The Bulge: Japan's Anti-Obesity Legislation And Its Potential Impact On Waistlines Around The World, Christin Lawler
San Diego International Law Journal
This Comment identifies six factors which my be analyzed to predict the outcome of Japan's new "Metabo" legislation: (1) the compelling need for anti-obesity legislation; (2) the broad authority vested in Japanese physicians and medical policymakers; (3) the Japanese cultural emphasis on harmony; (4) the structure of the Japanese Constitution; (5) the legislation's enforcement mechanisms; and (6) the costs of the program. This Comment predicts that although the cost of implementing the program could pose a serious impediment to initiating the anti-obesity campaign on a national scale, the new legislation is likely to succeed in decreasing Japanese obesity.
Seeking The Final Court Of Justice: The European Court Of Human Rights And Accountability For State Violence In Northern Ireland, Christopher K. Connolly
Seeking The Final Court Of Justice: The European Court Of Human Rights And Accountability For State Violence In Northern Ireland, Christopher K. Connolly
San Diego International Law Journal
This article examines the impact of the European Court's right to life jurisprudence on the issue of accountability for state violence in Northern Ireland. To date, the initiatives undertaken by the United Kingdom to comply with the European Court's rulings are largely unsatisfactory. Piecemeal institutional reforms aimed at preventing future breaches of Article 2 have failed to fully address the underlying concerns identified by the Court, and domestic right to life jurisprudence has placed significant limitations on the extent to which past violations of the right to life can be dealt with effectively in British courts. The United Kingdom's response …
Finding Fundamental Fairness: Protecting The Rights Of Homosexuals Under European Union Accession Law, Travis J. Langenkamp
Finding Fundamental Fairness: Protecting The Rights Of Homosexuals Under European Union Accession Law, Travis J. Langenkamp
San Diego International Law Journal
In tackling the issue of sexual orientation discrimination, the European Union must make significant efforts to conform or, perhaps, eradicate incongruous legislation within Applicant Countries. The difficulty of this endeavor is two-fold: first, in terms of the number and complexity of the laws of each Applicant Country; and, second, in the absence of any detailed and systematic documentation of sexual orientation discrimination within those same Applicant Countries. Compounding, if not confounding, such legitimate endeavors are the inconsistent anti-gay legislation prevalent within the present Member States. The stakes are high for Member States and Applicant Countries alike. Thus, the European Union's …
Walking The Queen's Highway: Peace, Politics And Parades In Northern Ireland, Brian P. White
Walking The Queen's Highway: Peace, Politics And Parades In Northern Ireland, Brian P. White
San Diego International Law Journal
This Comment will discuss Northern Ireland's contentious Orange marching season and will review the history of Northern Ireland and its significance to the present day antagonists. It will further explore the law of Northern Ireland that is designed to protect the right to parade while preserving the public order, and consequently the related British legal machinery and its common law development. This Comment will also discuss the failure of Police Powers with respect to contentious parades in Northern Ireland, and will analyze the Parades Commission's prospects for success in diffusing sectarian animosity and violence associated with parading in Northern Ireland …
Fixing The Wheel: A Critical Analysis Of The Immigrant Investor Visa, Ronald R. Rose
Fixing The Wheel: A Critical Analysis Of The Immigrant Investor Visa, Ronald R. Rose
San Diego Law Review
In 1990, Congress attempted to fill a long-standing void in the United States immigration laws by providing an updated immigrant investor visa codified as section 203(b)(5) of the Immigration and Nationality Act. The old, obsolete immigrant investor visa had only required a $40,000 investment. The new visa generally requires a $1,000,000 investment. The demand for this new higher priced version has, however, been exceedingly low. Although this immigrant investor visa category allows for 10,000 visa issuances per year, only 78 were issued in fiscal 1992 and no more than 500 are expected to be issued in fiscal 1993. This Article …
A Tale Of Two Cultures: Or Making The Proper Connection Between Law, Social History And The Political Economy Of Despair, Robert J. Cottrol
A Tale Of Two Cultures: Or Making The Proper Connection Between Law, Social History And The Political Economy Of Despair, Robert J. Cottrol
San Diego Law Review
In this Article, Professor Cottrol examines a pervasive culture of pessimism amongst a minority of underclass Black Americans the likes of which must be addressed if America's laws and public policy is to complete the unfinished work of the Civil Rights Revolution. The author argues that the development this culture is the result of long-term historical trends, the results of which came to fruition after the Second World War. He suggests Americans must shift their focus from familiar histories of southern slavery and Jim Crow to an examination of the histories of race relations in northern cities. Further, the author …
Rethinking The Role Of Politics In United States Immigration Law: The Helsinki Accords And Ideological Exclusion Of Aliens, Carlos Ortiz Miranda
Rethinking The Role Of Politics In United States Immigration Law: The Helsinki Accords And Ideological Exclusion Of Aliens, Carlos Ortiz Miranda
San Diego Law Review
In this Article, Mr. Miranda examines the statutory framework and case law addressing the ideological exclusion of aliens from the United States in light of the Helsinki Accords. The ideological exclusion, embodied in the Immigration and Nationality Act of 1952, is used to bar entry of noncitizens to the United States because of their espousal of proscribed ideologies. Congress temporarily suspended the ideological provisions until March 1, 1989 to allow for further comprehensive and permanent revisions in the area of deportation and exclusion. The Article is intended to contribute to the ongoing dialogue concerning such permanent and much needed changes.
Recent Developments In The Law Of The Sea 1984-1985, Ellen Moffat Fry
Recent Developments In The Law Of The Sea 1984-1985, Ellen Moffat Fry
San Diego Law Review
Nineteen eight-five witnessed additional ratifications of the United Nations Convention on the Law of the Sea, but the LOS Convention still has not received one-half of the number necessary to bring it into force. Some success was seen in boundary delimitations, fishing treaties, and pollution control, yet news events brought the grim realization that many issues, such as terrorism at sea, the conflict between nuclear-testing nations and those wishing to eliminate such testing, and constraints on the freedom of navigation, are far from resolved. Lastly, the discovery of the Titanic and the movement to designate it as a memorial, free …
Alternatives To The Tort System For Personal Injury, Jeffrey O'Connell
Alternatives To The Tort System For Personal Injury, Jeffrey O'Connell
San Diego Law Review
This Article critiques the use of the tort liability system to resolve claims for personal injury and argues that this system is cumbersome and fortuitous. In an effort to resolve these difficulties, the author reviews the various alternatives to the use of the tort liability system and proposes a statute under which a defendant would be given the option of offering to pay periodically the claimant's net economic loss. In the alternative, the author proposes that sellers of products or services put in effect an insurance policy or product warranty binding the seller to tender within a short period the …
Consumer Boycotts And Freedom Of Association: A Comment On A Recently Proposed Theory, Maimon Schwarzschild, Lawrence A. Alexander
Consumer Boycotts And Freedom Of Association: A Comment On A Recently Proposed Theory, Maimon Schwarzschild, Lawrence A. Alexander
San Diego Law Review
This Essay comments on a recent article by Professor Michael Harper, which suggested that the United States Constitution guarantees a right to boycott. The authors argue that, while there can be no unconditional right to boycott, constitutional values are properly invoked in defense of boycotts and that the government should have to better articulate countervailing values in order to suppress a particular boycott or class of boycotts.
The U.S. Deep Seabed Mining Regulations: The Legal Basis For An Alternative Regime, Michael R. Molitor
The U.S. Deep Seabed Mining Regulations: The Legal Basis For An Alternative Regime, Michael R. Molitor
San Diego Law Review
This Article examines the jurisdictional limitations established by United States deep seabed mining legislation. The author argues that by incorporating the ambiguous jurisdictional language of earlier international agreements into domestic legislation, the drafters have missed the opportunity to expand the United States' unrestricted access to deep seabed hard minerals. The author proposes that the promotion of continued development of deep seabed mining technology can be achieved through the legislative enactment of an Exclusive Economic Zone, which would place portions of the deep seabed, that would have otherwise have been excluded, under national jurisdiction.
High Seas Intervention: Parameters Of Unilateral Action, R. Palmer Cundick
High Seas Intervention: Parameters Of Unilateral Action, R. Palmer Cundick
San Diego Law Review
As the law of the sea flourishes into an area ripe with legal conflict, the question of oil spill pollution and liability looms large. Shipping oil involves international business, with great potential fall-out. This Article reviews the unilateral and multilateral action taken by coastal nations, with much focus on intervention trends in international ocean policy. The claimants, claims, and objectives of intervention cannot be appraised without reviewing the customary and convention rights created under international law. Under customary international law, the right of intervention in international waters was primarily shaped through two incidents: the bombing of the Torrey Canyon and …