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Articles 1 - 30 of 163
Full-Text Articles in Law
Sodomy And Prostitution: Laws Protecting The “Fabric Of Society”, Nicole A. Hough
Sodomy And Prostitution: Laws Protecting The “Fabric Of Society”, Nicole A. Hough
The University of New Hampshire Law Review
[Excerpt] “Throughout history many people have viewed sodomy and prostitution as moral evils, because sex has often been linked to sin and, therefore, to immorality and guilt. For example, in ancient Hebrew, a sodomite was known as a qadhesh, a male temple prostitute who was associated with heathen deities and impure forms of worship. The female version of qadhesh, qedheshah, is translated directly as prostitute. This archaic view of labeling prostitution and sodomy as impure has been challenged over time, and both topics are still a source of great controversy. […]
This note is a comparative analysis of sodomy and …
Marine Ecosystem Management & (And) A Post-Sovereign Transboundary Governance, Bradley Karkkainen
Marine Ecosystem Management & (And) A Post-Sovereign Transboundary Governance, Bradley Karkkainen
San Diego International Law Journal
This paper argues that for purposes of managing transboundary environment problems in general, and marine ecosystems in particular, the role of international law as traditionally understood is somewhat overrated. Binding international legal obligations owed by states to other states often turn out to be a good deal less important in environmental problem solving than is commonly supposed by many international lawyers, legal scholars, and environmental NGOs (non-governmental organizations). Specifically, this paper argues that emphasis on binding multilateral environmental agreements among sovereign states is often misplaced and possibly even counterproductive, insofar as it threatens to divert attention from more promising strategies …
Regionalism, Fisheries, And Environmental Challenges In The Pacific, Jon M. Van Dyke
Regionalism, Fisheries, And Environmental Challenges In The Pacific, Jon M. Van Dyke
San Diego International Law Journal
The Pacific, the world's largest ocean, contains many of the world's smallest countries. Most of these isolated islands were under colonial domination from the mid-19th century (or earlier) until about the 1970s, when they became independent. New Zealand (Aotearoa) and Australia participate in many Pacific regional organizations and activities. They are viewed as partners but play separate and different, while still important, roles because of their larger size and differences in culture and history.
Pride And Prejudice: Results Of An Empirical Study Of Sexual Orientation Fairness In The Courts Of England And Wales, Todd Brower
Pride And Prejudice: Results Of An Empirical Study Of Sexual Orientation Fairness In The Courts Of England And Wales, Todd Brower
Buffalo Women's Law Journal
No abstract provided.
A Cultural And Historical Perspective To Trademark Law Enforcement In China, Charles L. Miller Ii
A Cultural And Historical Perspective To Trademark Law Enforcement In China, Charles L. Miller Ii
Buffalo Intellectual Property Law Journal
No abstract provided.
Intellectual Property Rights In China: Technology Transfers And Economic Development, Mikhaelle Schiappacasse
Intellectual Property Rights In China: Technology Transfers And Economic Development, Mikhaelle Schiappacasse
Buffalo Intellectual Property Law Journal
No abstract provided.
Universal Jurisdiction And The Concept Of A Fair Trial: Prosecutor V. Fulgence Niyonteze: A Swiss Military Tribunal Case Study, Joshua E. Kastenberg
Universal Jurisdiction And The Concept Of A Fair Trial: Prosecutor V. Fulgence Niyonteze: A Swiss Military Tribunal Case Study, Joshua E. Kastenberg
University of Miami International and Comparative Law Review
No abstract provided.
Trumpeting Justice: The Implications Of U.S. Law And Policy For The International Rendition Of Terrorists From Failed Or Uncooperative States, Matthew A. Slater
Trumpeting Justice: The Implications Of U.S. Law And Policy For The International Rendition Of Terrorists From Failed Or Uncooperative States, Matthew A. Slater
University of Miami International and Comparative Law Review
No abstract provided.
Building The Northeast Asian Community, Byung-Woon Lyou
Building The Northeast Asian Community, Byung-Woon Lyou
Indiana Journal of Global Legal Studies
No abstract provided.
Cuban Exceptionalism: Migration And Asylum In Spain And The United States, Maryellen Fullerton
Cuban Exceptionalism: Migration And Asylum In Spain And The United States, Maryellen Fullerton
University of Miami Inter-American Law Review
No abstract provided.
International Electronic Contracts: A Note On Argentine Choice Of Law Rules, Mario J. A. Oyarzábal
International Electronic Contracts: A Note On Argentine Choice Of Law Rules, Mario J. A. Oyarzábal
University of Miami Inter-American Law Review
No abstract provided.
The International Criminal Court And The Concept Of Mens Rea In International Criminal Law, Johan D. Van Der Vyver
The International Criminal Court And The Concept Of Mens Rea In International Criminal Law, Johan D. Van Der Vyver
University of Miami International and Comparative Law Review
No abstract provided.
The Parameters Of Internal Armed Conflict In International Humanitarian Law, Anthony Cullen
The Parameters Of Internal Armed Conflict In International Humanitarian Law, Anthony Cullen
University of Miami International and Comparative Law Review
No abstract provided.
Yuval Shany, The Competing Jurisdictions Of International Courts And Tribunals (Philllipe Sands Et Al. Eds.2003) 348 Pp., Candice Whyte
Yuval Shany, The Competing Jurisdictions Of International Courts And Tribunals (Philllipe Sands Et Al. Eds.2003) 348 Pp., Candice Whyte
University of Miami International and Comparative Law Review
No abstract provided.
Russian Floating Nuclear Reactors: Lacunae In Current International Environmental And Maritime Law And The Need For Proactive International Cooperation In The Development Of Sustainable Energy Sources, Douglas John Steding
Washington International Law Journal
During the second half of 2003, Russia announced plans to build barges carrying two nuclear reactors capable of supplying electricity to a town of fifty thousand people. Rapidly developing countries seem particularly interested in this proposal, as these reactors can meet their growing power needs. In addition, these floating nuclear reactors provide an alternative to coal, oil and natural gas, all sources of energy that contribute to global warming. These reactors, however, pose a substantial risk to the environment, particularly in light of Russia's lax environmental policies, and the design of the barges themselves make them susceptible to a wide …
Gay Marriage: Analyzing Legal Strategies For Reform In Hong Kong And The United States, Robin A. Warren
Gay Marriage: Analyzing Legal Strategies For Reform In Hong Kong And The United States, Robin A. Warren
Washington International Law Journal
Like many countries, both the United States and Hong Kong face the question of whether to legalize gay marriage due to social, legal, and political forces within and beyond their borders. The legalization of same-sex marriage in one jurisdiction forces other jurisdictions to decide whether to recognize marriages celebrated there. Comparing the current state of U.S. and Hong Kong law reveals that only a direct challenge to discriminatory marriage laws will successfully effect change. Two U.S. state supreme court decisions provide examples of effective legal arguments in a direct challenge. Conflict of laws analysis for marriage and the public policy …
The Duty To Support An Aged Parent In Singapore, Wing-Cheong Chan
The Duty To Support An Aged Parent In Singapore, Wing-Cheong Chan
Washington International Law Journal
When the legislation to impose a financial obligation on adult children to provide for their aged parents was introduced in Singapore in 1994, it generated heated public debate which polarized the population. Several criticisms of this proposal emerged: it subsumed the Asian value of filial piety in a legalistic, Western framework; it was unnecessary given the small number of parents being neglected by their children; and it was an undesirable intrusion into family life. Nonetheless, the proposal managed to gain enough Parliamentary support to be referred to a Select Committee. Several adjustments to the proposed legislation were made to take …
The War On Cyberterror: Why Australia Should Examine The U.S. Approach To Critical Infrastructure Protection, Elizabeth Tutmarc
The War On Cyberterror: Why Australia Should Examine The U.S. Approach To Critical Infrastructure Protection, Elizabeth Tutmarc
Washington International Law Journal
As the global community focuses on detecting and fighting terrorism, defense strategists have identified the vulnerability of certain cybersystems. Traditional methods of defense and warfare, however, often do not apply to new technologies. Thus the cybercommunity is developing new standards for protecting computer resources against terrorist attack. From the perspective of national governments, much attention has been paid to the importance of secure "critical infrastructure." This category of computer-dependent resources includes sectors vital to the smooth and orderly operation of public society, such as transportation, communications, and food production. These sectors are becoming increasingly dependent on computers to function, and …
Digital Age Standard Form Contracts Under Austalian Law: "Wrap" Agreements, Exclusive Jurisdiction, And Binding Arbitration Clauses, John Adams
Washington International Law Journal
Despite the widespread use of end user agreements ("EULAs") within international e-commerce, their enforceability under Australian law has yet to be adjudicated. Legislative reform and judicial clarification of contract standards may be required for Australian courts to validate the methods of standard form contracting used in the digital age. While existing Anglo-Australian nules regarding contract formation may be adequate to enforce EULAs, the doctrine of privity presents an unnecessary and outdated barrier to the enforcement. Accordingly, the Australian legislature should abolish the doctrine of privity. In addition, Australian courts must clarify what type of notice is required for onerous contractual …
No More Waiting For Revolution: Japan Should Take Positive Action To Implement The Convention On The Elimination Of All Forms Of Discrimination Against Women, M. Christina Luera
No More Waiting For Revolution: Japan Should Take Positive Action To Implement The Convention On The Elimination Of All Forms Of Discrimination Against Women, M. Christina Luera
Washington International Law Journal
In 1985, Japan ratified the United Nations Convention on the Elimination of All Forms of Discrimination Against Women ("CEDAW"), which requires the eradication of all legal, political, social and cultural structures that prevent women from enjoying full equality with men. Under CEDAW, Japan is legally obligated to strive for actual, not just formal, equality between men and women. CEDAW also requires States Parties to take positive action to achieve gender equality. Despite the Japanese government's apparent efforts to comply with CEDAW over the last two decades, gender equality remains a distant reality. On July 8, 2003, the Committee on the …
The Japanese Law Concerning The Special Measures On Humanitarian And Reconstruction Assistance In Iraq: Translator's Introduction, Mika Hayashi
Washington International Law Journal
The legal framework concerning Japan's physical contribution to international peace and security through the presence of its Self-Defense Forces abroad underwent ad hoc changes twice since the beginning of the Twenty-First Century. The first change was brought about by the September 11 terrorist attacks in 2001 and the second was the result of the war in Iraq in 2003. In both cases, Japan enacted laws that specifically enabled the Self-Defense Forces to operate abroad: the Anti-Terrorism Special Measures Law and the Law concerning the Special Measures on Humanitarian and Reconstruction Assistance in Iraq, respectively. The latter and most recent legislation, …
The Australian National Representative System Of Marine Protected Areas And The Marine Zoning System: A Model For The United States?, Jennifer L. Schorr
The Australian National Representative System Of Marine Protected Areas And The Marine Zoning System: A Model For The United States?, Jennifer L. Schorr
Washington International Law Journal
Marine Protected Areas ("MPAs") are increasingly recognized as a critical component of marine conservation. MPAs are areas of the marine ecosystem set aside for special protection and management in order to conserve biological or cultural resources. MPAs manage the use of marine resources by limiting or controlling activities within the area. Marine reserves, the most restrictive type of MPA, severely limit or forbid all extractive activities. Scientific research has demonstrated that MPAs, especially marine reserves, can have rapid and long-term benefits for biological diversity, lead to recovery of specific species, and may have a "spill over" effect that benefits adjacent …
Fairness And Welfare From A Comparative Law Perspective, Horacio Spector
Fairness And Welfare From A Comparative Law Perspective, Horacio Spector
Chicago-Kent Law Review
This Article discusses the relative value of law and economics and moral philosophy to explain private law in both common law and civil law jurisdictions. It argues that the recent philosophical paradigm, which revolves around the ideas of fairness and autonomy, is intellectually continuous with the School of Rationalist Natural Law. Though this School has been directly influential on the development of civilian private law, its ascendancy on common law cannot be documented. Paradoxically, recent philosophical explanations of private law bear on common law, while legal philosophers in civil law jurisdictions still follow Kelsen's research agenda, which focuses on the …
Fishing For Rainbows, The Fsc Repeal And Extraterritorial Income Exclusion Act, Stuart Smith
Fishing For Rainbows, The Fsc Repeal And Extraterritorial Income Exclusion Act, Stuart Smith
San Diego International Law Journal
On August 30, 2002, the final decision was released in the case of United States-Tax Treatment for "Foreign Sales Corporations". The World Trade Organization arbitration panel report authorizes the European Communities to levy $4.043 billion in annual trade sanctions against imports from the United States because of a provision in the U.S. tax code. "The FSC Repeal and Extraterritorial Income Exclusion Act of 2000", the most recent of 40 years worth of half-hearted attempts by the United States to comply with world trading body regulations, is the current offender. According to the arbitration panel, the act subsidizes foreign sales by …
China's Socioeconomic Changes And The Implications For The Religion-State Dynamic In China, Kim-Kwong Chan
China's Socioeconomic Changes And The Implications For The Religion-State Dynamic In China, Kim-Kwong Chan
BYU Law Review
No abstract provided.
Advances In Religious Liberty In Peru, Guillermo Garcia-Montufar, Moises Arata Solis, Scott E. Isaacson
Advances In Religious Liberty In Peru, Guillermo Garcia-Montufar, Moises Arata Solis, Scott E. Isaacson
BYU Law Review
No abstract provided.
Religious Pluralism, Cultural Differences, And Social Stability In Nigeria, Rose C. Uzoma
Religious Pluralism, Cultural Differences, And Social Stability In Nigeria, Rose C. Uzoma
BYU Law Review
No abstract provided.
Religious Freedom And Laicite: A Comparison Of The United States And France, T.Jeremy Gunn
Religious Freedom And Laicite: A Comparison Of The United States And France, T.Jeremy Gunn
BYU Law Review
No abstract provided.
Religious Pluralism In Spain: Striking The Balance Between Religious Freedom And Constitutional Rights, Augustin Motilla
Religious Pluralism In Spain: Striking The Balance Between Religious Freedom And Constitutional Rights, Augustin Motilla
BYU Law Review
No abstract provided.
New Religious Movements And The Problem Of Extremism In Modern Russia, Veronika V. Kravchouk
New Religious Movements And The Problem Of Extremism In Modern Russia, Veronika V. Kravchouk
BYU Law Review
No abstract provided.