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Indefinite Detention And Antiterrorism Laws: Balancing Security And Human Rights, Joanne M. Sweeny Dec 2014

Indefinite Detention And Antiterrorism Laws: Balancing Security And Human Rights, Joanne M. Sweeny

Pace Law Review

This article does more than describe British and American anti-terrorism laws; it shows how those laws go through conflicted government branches and the bargains struck to create the anti-terrorism laws that exist today. Instead of taking these laws as given, this Article explains why they exist. More specifically, this article focuses on the path anti-terrorism legislation followed in the United States and the United Kingdom, with particular focus on each country’s ability (or lack thereof) to indefinitely detain suspected non-citizen terrorists. Both countries’ executives sought to have that power and both were limited by the legislatures and courts but in …


Changes In Latitudes Call For Changes In Attitudes: Towards Recognition Of A Global Imperative For Stewardship, Not Exploitation, In The Arctic, Taylor Simpson-Wood Nov 2014

Changes In Latitudes Call For Changes In Attitudes: Towards Recognition Of A Global Imperative For Stewardship, Not Exploitation, In The Arctic, Taylor Simpson-Wood

Seattle University Law Review

For more than two centuries, the imagination of mariners has been captured by visions of a trade route across the Arctic Sea allowing vessels to travel from the Atlantic to the Pacific Ocean. Known as the Northwest Passage, this fabled route is a time- and money-saving sea lane running from the Atlantic Ocean Arctic Circle to the Pacific Ocean Arctic Circle. Now, the thinning of the ice in the Arctic may transform what was once only a dream into a reality. New shipping lanes linking the Atlantic and Pacific oceans are likely to open between 2040 and 2059. If loss …


After Rio: The Sustainable Development Concept Following The United Nations Conference On Environment And Development, Rebecca A. Hoelting Oct 2014

After Rio: The Sustainable Development Concept Following The United Nations Conference On Environment And Development, Rebecca A. Hoelting

Georgia Journal of International & Comparative Law

No abstract provided.


African "Renaissance" And U.S. Trade Policy, Hunter R. Clark Oct 2014

African "Renaissance" And U.S. Trade Policy, Hunter R. Clark

Georgia Journal of International & Comparative Law

No abstract provided.


The 1997 Treaty To Ban The Use Of Landmines: Was President Clinton's Refusal To Become A Signatory Warranted?, Jodi Preusser Mustoe Oct 2014

The 1997 Treaty To Ban The Use Of Landmines: Was President Clinton's Refusal To Become A Signatory Warranted?, Jodi Preusser Mustoe

Georgia Journal of International & Comparative Law

No abstract provided.


Taming The Counterfeit Dragon: The Wto, Trips And Chinese Amendments To Intellectual Property Laws, Andrew Evans Sep 2014

Taming The Counterfeit Dragon: The Wto, Trips And Chinese Amendments To Intellectual Property Laws, Andrew Evans

Georgia Journal of International & Comparative Law

No abstract provided.


Is Honesty Still The Best Policy: Considering Legal Options For Missile Defense And The Antiballistic Missile Treaty, Hillary A. Smith Sep 2014

Is Honesty Still The Best Policy: Considering Legal Options For Missile Defense And The Antiballistic Missile Treaty, Hillary A. Smith

Georgia Journal of International & Comparative Law

No abstract provided.


International Law And The Nuclear Threat In Kashmir: A Proposal For A U.S.-Led Resolution To The Dispute Under Un Authority, Billy Merck Sep 2014

International Law And The Nuclear Threat In Kashmir: A Proposal For A U.S.-Led Resolution To The Dispute Under Un Authority, Billy Merck

Georgia Journal of International & Comparative Law

No abstract provided.


A European Solution To America’S Basketball Problem: Reforming Amateur Basketball In The United States, Jaimie K. Mcfarlin, Joshua Lee Aug 2014

A European Solution To America’S Basketball Problem: Reforming Amateur Basketball In The United States, Jaimie K. Mcfarlin, Joshua Lee

Jaimie K. McFarlin

The system of amateur and collegiate basketball in America is flawed, as every year, thousands of young men and women pursue their basketball dreams under the shadow of a multi-million dollar, predatory business model. Integral to telling the history of the NCAA and AAU organizations are recruiting horror stories and other examples of young talents who were taken advantage of by unscrupulous actors, both of which continue today. The commercialization and professionalization of amateur basketball has fed an ecosystem of exploitation in which private actors and institutions capitalize on the American mantra of "amateurism." The European system of amateur athletics …


The Deep Deformation Of Europe: Economic Conflict In The European Union, Elli Louka Jun 2014

The Deep Deformation Of Europe: Economic Conflict In The European Union, Elli Louka

Elli Louka

This book explains how the euro crisis has generated a conflict between creditor states and debtor states in the European Union. Europe has failed to transform into a Union. Instead it is deeply deformed by a conflict that takes place through the instrument of economic power. Those who had visualized Europe as a United States of Europe now see the European Union as just another example of the coercion in international politics.


Learning From Our Mistakes: The Belfast Project Litigation And The Need For The Supreme Court To Recognize An Academic Privilege In The United States, Kathryn L. Steffen Apr 2014

Learning From Our Mistakes: The Belfast Project Litigation And The Need For The Supreme Court To Recognize An Academic Privilege In The United States, Kathryn L. Steffen

Penn State Journal of Law & International Affairs

Through the Belfast Project, researchers sponsored by Boston College began to compile an oral history of the period of violent political conflict in Northern Ireland known as “The Troubles” in a series of interviews. The interviewees’ participation in the project was conditioned on a strict promise of confidentiality. However, when authorities in the United Kingdom became suspicious that the interviews contained evidence of criminal activity, the United Kingdom, pursuant to a Mutual Legal Assistance Treaty, requested the United States to subpoena the materials on its behalf. Satisfaction of the subpoena would mean not only turning over the interview recordings, but …


Culture Wars: Rate Manipulation, Institutional Corruption, And The Lost Normative Foundations Of Market Conduct Regulation, Justin O'Brien Mar 2014

Culture Wars: Rate Manipulation, Institutional Corruption, And The Lost Normative Foundations Of Market Conduct Regulation, Justin O'Brien

Seattle University Law Review

The global investigations into the manipulation of the London Interbank Offered Rate (Libor) have raised significant questions about how conflicts of interest are managed for regulated entities contributing to benchmarks. An alternative framework, which brings the management of the rate process under direct regulatory supervision, is under consideration, coordinated by the International Organization of Securities Commissions taskforce. The articulation of global principles builds on a review commissioned by the British government that suggests rates calculated by submission can be reformed. This paper argues that this approach is predestined to fail, precisely because it ignores the lessons of history. In revisiting …


The Fundamentalism Of Liberal Rights: Decoding The Freedom Of Expression Under The European Convention For The Protection Of Human Rights And Fundamental Freedoms, Moeen Cheema, Adeel Kamran Jan 2014

The Fundamentalism Of Liberal Rights: Decoding The Freedom Of Expression Under The European Convention For The Protection Of Human Rights And Fundamental Freedoms, Moeen Cheema, Adeel Kamran

Loyola University Chicago International Law Review

No abstract provided.


The Double-Edged Sword: Democratic Histories And Methods Of Negotiating With Terrorists, Lisa M. Hailey Jan 2014

The Double-Edged Sword: Democratic Histories And Methods Of Negotiating With Terrorists, Lisa M. Hailey

ILSA Journal of International & Comparative Law

"We do not negotiate with terrorists." On May 31, 2014, Sergeant Bowe Bergdahl, the only American prisoner of war (POW), was released by his captors after five years of captivity.


Niche Markets And Their Lessons, Cally Jordan Jan 2014

Niche Markets And Their Lessons, Cally Jordan

Faculty Papers & Publications

Markets are full of nooks and crannies. Out of the glare of the big economies and their public exchanges, markets specializing by financial product, activity, or industry thrive, often attracting little by way of formal regulatory oversight. But there is another kind of specialized market, one which is geographically and politically determined albeit internationally focused. Luxembourg, Ireland, Dubai, Bahrain, Malaysia, Singapore, Switzerland, among others, these are some of the world’s niche markets.

It is a hard business being a niche market, operating in a competitive and often unforgiving environment, engaging in constant repositioning and facing inherent limitations on growth. Surprisingly, …


International Civil Disobedience: Unauthorized Intervention And The Conscience Of The International Community, Nathan J. Miller Jan 2014

International Civil Disobedience: Unauthorized Intervention And The Conscience Of The International Community, Nathan J. Miller

Maryland Law Review

No abstract provided.