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The Myth And The Reality Of American Constitutional Exceptionalism, Stephen Gardbaum

Michigan Law Review

This Article critically evaluates the widely held view inside and outside the United States that American constitutional rights jurisprudence is exceptional. There are two dimensions to this perceived American exceptionalism: the content and the structure of constitutional rights. On content, the claim focuses mainly on the age, brevity, and terseness of the text and on the unusually high value attributed to free speech. On structure, the claim is primarily threefold. First, the United States has a more categorical conception of constitutional rights than other countries. Second, the United States has an exceptionally sharp public/private division in the scope of constitutional …

Opting Out Of The Internet In The United States And The European Union: Copyright, Safe Harbors, And International Law, Hannibal Travis

Notre Dame Law Review

No abstract provided.

Cravath By The Sea: Recruitment In The Large Halifax Law Firm, 1900-1955, Jeffrey Haylock

Dalhousie Law Journal

The traditional view is that regularized, meritocratic hiring in Canadian law firms had to wait until the 1960s, with the rise in importance of Ontario university law schools. There was, however, more regional variation than this view allows. After an overview of the rise of large firms in the U.S. and Canada, and of the modern hiring strategies (the "Cravath system") that developed in New York in the early twentieth century, the author considers whether Halifax firms were employing these strategies between 1900 and 1955. Nepotistic hiring continued unabated; however, the three large firms of the period recruited young students …

United States V. Burns: Canada's Extraterritorial Extension Of Canadian Law And Creation Of A Canadian "Safe Haven" In Capital Extradition Cases, Andrea Cortland

University of Miami Inter-American Law Review

No abstract provided.

The [Capital] Punishment Fits The Crime: A Comparative Analysis Of The Death Penalty And Proportionality In The United States Of America And The People's Republic Of China, Ryan Florio

University of Miami International and Comparative Law Review

The governments of both the United States and China maintain the death penalty as a means of punishing its most dangerous criminals, but with an astounding 68 capital offenses, China perennially remains the world leader in executions. This article examines the theory of proportionality of criminal punishment and how it relates to the respective death penalty policies in the United States and China. A comparative analysis will reveal two extremely different societies with two different perspectives on proportionality. one that recognizes and protects fundamental freedoms and another that places emphasis on collective societal welfare over individual rights. The article will …

The Economic Aftermath Of The 1960s Riots: Evidence From Property Values: A Review., Magnus O. Abeng

Economic and Financial Review

The paper focused on the impact of riots on the value of residential property with an emphasis on black owned property in the United States using census data. The focus was informed by the fact that property value is one of the indicators of neighbourhood quality and secondly the widening gap in housing values which may not be unconnected with the occurrence of riots.

Geographical Indications: A Discussion On The Trips Regulation After The Ministerial Conference Of Hong Kong, Stefania Fusco

Marquette Intellectual Property Law Review

Despite the strides the TRIPs Agreement made to protect Geographical Indications (GIs), considerable debate persists on how to further TRIPs' goals in that area. First, while some countries ally themselves with the European Union on maintaining a multilateral register for GIs, others follow the United States' preference for a voluntary database. Controversy also surrounds whether to extend the more expansive protections on wines and spirits to other products. Finally, the European Union has launched a staunchly opposed campaign to recover the exclusive use of a number of GIs, including many that have become generic names for their associated products. This …

Judicial Review And American Constitutional Exceptionalism, Miguel Schor

Osgoode Hall Law Journal

This article challenges the conventional view of the pervasiveness of American-style judicial review. It questions why social movements contest constitutional meaning by fighting over judicial appointments in the United States, and why this strategy makes little sense in democracies that constitutionalized rights in the late twentieth century. The United States has been both a model and an anti-model in the global spread of judicial review, as the hope of Marbury (constitutionalized rights) has been tempered by the fear of Lochner [courts run amok). In reconciling Marbury and Lochner, other polities have adopted stronger mechanisms of judicial accountability that make it …

Proportionality In The Criminal Law: The Differing American Versus Canadian Approaches To Punishment, Roozbeh (Rudy) B. Baker

University of Miami Inter-American Law Review

No abstract provided.

Stephen James On The Battle For Welfare Rights: Politics And Poverty In Modern America By Felicia Kornbluh. Philadelphia: University Of Pennsylvania Press, 2007. 287pp., Stephen James

Human Rights & Human Welfare

A review of:

The Battle for Welfare Rights: Politics and Poverty in Modern America by Felicia Kornbluh. Philadelphia: University of Pennsylvania Press, 2007. 287pp.

The Ngo-Ification Of The Anti-Trafficking Movement In The United States: A Case Study Of The Coalition To Abolish Slavery And Trafficking, Jennifer Lynne Musto

Wagadu: A Journal of Transnational Women's & Gender Studies

While NGOs proffer valuable services to trafficked persons, this paper maps how increased professionalization of the anti-trafficking movement in the U.S. has curtailed trafficked persons’ efforts to organize a movement that speaks to their experiences and needs. In order to highlight tensions and exclusionary practices that exist within the professionally centered U.S. anti-trafficking movement, I present one case study of a Los Angeles based NGO dedicated to providing social services and political advocacy to trafficked persons. By examining the micropolitics of advocacy work, this paper explores how funding pressures and ideological debates about prostitution have delimited trafficked persons’ ability to …

The Lost Apple Plays: Performing Operation Pedro Pan , Kimberly Del Busto Ramírez

Studies in 20th & 21st Century Literature

From 1960 to 1962, more than 14,000 unaccompanied minors took flight from Cuba to the United States, establishing the largest recorded exodus in the Western Hemisphere. The displaced children and the country they left behind are often metaphorized using a popular Latin American nursery rhyme, “The Lost Apple.” Now, more than four decades later, Operation Pedro Pan persists through a revealing body of performance by and about a nation’s exiled children. The Lost Apple Plays investigates how memory, identity formation, nationhood, citizenship, and migration have been dramatized through these performances. Pulitzer Prize-winning playwright Nilo Cruz, director/actor/playwright Mario Ernesto Sánchez, singers …

Confronting The Limits Of The First Amendment: A Proactive Approach For Media Defendants Facing Liability Abroad, Michelle A. Wyant

San Diego International Law Journal

This Article confronts the limits this issue imposes on the First Amendment in four parts. Part I described the potential for conflicting defamation laws and forum shopping to undermine the American media's speech protections in the context of the Internet and global publications and outlines the Article's overall method of analysis. Part II first orients these conflicting defamation laws with respect to their development from the common law. It then frames them in terms of the underlying structural and policy differences that have produced their substantive divergence. This frame provides the analytical perspective through which this Article examines the varying …

The Place Of The Louisiana Civil Code In The Hispanic Civil Codifications: The Comments To The Spanish Civil Code Project Of 1851, Agustin Parise

Louisiana Law Review

No abstract provided.

Corporate Taxation And International Charter Competition, Mitchell A. Kane, Edward B. Rock

Michigan Law Review

Corporate charter competition has become an increasingly international phenomenon. The thesis of this Article is that this development in corporate law requires a greater focus on corporate tax law. We first demonstrate how a tax system's capacity to distort the international charter market depends both upon its approach to determining corporate location and upon the extent to which it taxes foreign source corporate profits. We also show, however, that it is not possible to remove all distortions through modifications to the tax system alone. We present instead two alternative methods for preserving an international charter market. The first-best solution involves …

The Citizenship Paradox In A Transnational Age, Cristina M. Rodríguez

Michigan Law Review

Through Americans in Waiting, Hiroshi Motomura tells us three different stories about how U.S. law and policy, over time, have framed the relationship between immigrants and the American body politic. He captures the complexity, historical contingency, and democratic urgency of that relationship by canvassing the immigration law canon and teasing from it the three frameworks that have structured immigrants' social status, their interactions with the state, and the processes of immigrant integration and naturalization. In so doing, he illuminates how popular mythologies about the assimilative capacity of the American melting pot obscure myriad political and social conflicts over how …

Xenophobia In The 1920s, Jenny Letourneau

ESSAI

No abstract provided.

The United States’ Response To Genocide In The Independent State Of Croatia, 1941–1945, Rob Mccormick

Genocide Studies and Prevention: An International Journal

In April 1941, Ante Pavelic ́, the fascist leader of the Independent State of Croatia, and his paramilitary force, the Ustasˇe (‘‘rebels’’), began a genocide that killed at least 330,000 Serbs and essentially eliminated Jews and Roma from Croatia. The American response to genocide in Croatia provides a fuller context for examining Washington’s reaction to the Nazi genocide. By the summer of 1941, the US government had reliable information that genocide was taking place in Croatia. Washington expressed little interest in this slaughter, except insofar it affected Croatian–American and Serbian–American relations; made no direct public statement condemning the Ustasˇe’s actions; …

Scandal, Sukyandaru, And Chouwen, Benjamin L. Liebman

Michigan Law Review

This Review proceeds in four parts. Part I describes West's account of scandal in Japan and the United States and explores some of the ramifications of his account. Part II examines the formation of scandal in contemporary China. Part III compares scandal in China with West's conclusions about scandal in Japan and the United States. Part IV discusses defamation litigation in China, with a view to adding further comparative insight to West's discussion of Japanese libel suits.

Free Speech And The Case For Constitutional Exceptionalism, Roger P. Alford

Michigan Law Review

Embodied in the Universal Declaration of Human Rights is the evocative proposition that "[e]veryone has the right to freedom of opinion and expression." Beneath that abstraction there is anything but universal agreement. Modern democratic societies disagree on the text, content, theory, and practice of this liberty. They disagree on whether it is a privileged right or a subordinate value. They disagree on what constitutes speech and what speech is worthy of protection. They disagree on theoretical foundations, uncertain if the right is grounded in libertarian impulses, the promotion of a marketplace of ideas, or the advancement of participatory democracy. They …

After Katrina: A Critical Look At Fema's Failure To Provide Housing For Victims Of Natural Disasters, John K. Pierre, Gail S. Stephenson

Louisiana Law Review

No abstract provided.

American Travels : Who Might We Be Abroad?, Katherine Hall

Reason and Respect

We cannot undo how the rest of the world feels about us, but we can certainly represent ourselves as caring, respectful, and kind people. As individuals who have contact with others in the world, we can, one by one, show the rest of the world that we are not worthy of their hate.

Forced Labor In The United States: A Contemporary Problem In Need Of A Contemporary Solution, Chrissey Buckley

Human Rights & Human Welfare

Legal slavery ended in the United States in 1865, yet the practice of forcing individuals to work against their will, oftentimes in inhumane conditions, continues today. Currently there are around 50,000 people working in forced labor situations in the United States (Bales 47). Although this number is smaller than it was during the 18th century, finding and freeing these individuals is difficult because they are hidden away and exploited. The United States is now at a critical juncture in its struggle to end forced labor. In 2000, the U.S. Government enacted legislation that holds perpetrators of forced labor accountable, and …

Antitrust Liability For Refusal To License Intellectual Property: A Comparative Analysis And The International Setting, Rita Coco

Marquette Intellectual Property Law Review

Antitrust and IP law both share the goals of promoting innovation and benefiting consumers. A potential for conflict exists, however, when a dominant firm's refusal to license IP rights affects the dynamics of competition. Antitrust intervention in IP rights can reduce incentives to invest, whereas a failure to allow anticompetitive behavior can harm consumers and competitors while reducing the efficiency of the economic system. The author reviews the European and United States approaches to monopolization claims involving IP rights. The European approach is limited by the mismatch between national enforcement of IP rights and community enforcement of antitrust law. The …

Wagging The Dog? Reconsidering Antitrust-Based Regulation Of Ip-Licensing, Gosta Schindler

Marquette Intellectual Property Law Review

This Article criticizes the institutional setup in which the antitrust policies regarding IP exploitation are designed and enforced. The author compares how IP licensing is scrutinized by antitrust regimes in the European Union and the United States. The result of that comparison leads to the conclusion that any attempted resolution of the IP-Antitrust dilemma will remain inadequate as long as it is antitrust-based, that is, regulated by antitrust laws or guidelines designed by antitrust-agencies. The author argues that antitrust concerns can and should be accounted for through proper construction and application of the IP laws themselves. The article suggests a …

Framing Concurrent Jurisdiction Issues In The Self-Determination Era: Accepting The First Circuit's Analysis But Rejecting Its Application To Preserve Tribal Sovereignty, Nathaniel T. Haskins

American Indian Law Review

No abstract provided.

An Investigation Of Meromixis In Cave Pools, Lechuguilla Cave, New Mexico, David B. Levy

International Journal of Speleology

Chemical characteristics of permanent stratification in cave pools (meromixis) may provide insight into the geochemical origin and evolution of cave pool waters. The objective of this study was to test the hypothesis that some pools in Lechuguilla Cave may be subject to ectogenic meromixis, where permanent chemical stratification is induced by input of relatively saline or fresh water from an external source. However, because organic C concentrations in Lechuguilla waters are low (typically < 1 mg L^-1), biogenic meromixis resulting in O₂(g)-depleted subsurface waters is not expected. Four pools at various depths below ground surface (0 m) were studied: (1) …

The Promise Of Economic Rights And The Welfare State, Zehra F. Kabasakal Arat

Human Rights & Human Welfare

A review of:

Labour Left Out: Canada’s Failure to Protect and Promote Collective Bargaining as a Human Right. By Roy Adams. Ottawa: Canadian Center for Policy Alternatives, 2006.

and

The Welfare State Nobody Knows: Debunking Myths about U.S. Social Policy. By Christopher Howard. Princeton: Princeton University Press, 2007.

and

Economic Rights in Canada and the United States. Edited by Rhoda E. Howard-Hassmann and Claude E. Welch Jr. Philadelphia: University of Pennsylvania Press, 2006.

Statistical Analysis Of The United States’ Accession To The Madrid Protocol, Ash Nagdev

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Rules Of Engagement: Seeking Moral And Legal Sufficiency In The 21st Century, Tanner Williams

Global Tides

Modern conflict in Iraq and Afghanistan has proved to be unlike any other conflict in history. United States and Coalition forces are faced with an insurgent enemy that defies all pre-established Laws of Armed Combat. As we transition from a wartime operations to a peacekeeping environment, it is important to reflect upon the moral and legal struggles that our soldiers face in the line of duty. Certainly, it cannot be easy to distinguish between lawful or unlawful combatants and innocent civilians in a war that lacks a clearly defined enemy. As a result, it is necessary to examine our rules …