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Articles 1 - 30 of 41
Full-Text Articles in Law
Reimagining Sovereignty To Protect Migrants, Pooja R. Dadhania
Reimagining Sovereignty To Protect Migrants, Pooja R. Dadhania
Faculty Scholarship
The concept of sovereignty in international law allows states to exclude and expel most categories of migrants, subject only to very narrow exceptions from international human rights and refugee law. Inverting the state sovereignty paradigm traditionally used to exclude migrants, this Essay reimagines sovereignty to protect migrants by drawing on the international law doctrine of state responsibility. The doctrine of state responsibility requires states to remedy the consequences of their actions in violation of international law. States that violate the sovereignty of other states, more specifically their territorial integrity or political independence, and thereby cause forced migration should have an …
Becoming In-House Counsel For Sports Teams And International Franchises, Cassie Mcbride, Caroline Perry, David Cohen, Barbara Zaragoza
Becoming In-House Counsel For Sports Teams And International Franchises, Cassie Mcbride, Caroline Perry, David Cohen, Barbara Zaragoza
California Western International Law Journal
No abstract provided.
Economic Evidence, Complex Litigation, And Tier One Soccer Across Borders, Jeff Todd, R. Todd Jewell
Economic Evidence, Complex Litigation, And Tier One Soccer Across Borders, Jeff Todd, R. Todd Jewell
California Western International Law Journal
No abstract provided.
Same As It Ever Was : The Tijuana River Sewage Crisis, Non-State Actors, And The State, James M. Cooper
Same As It Ever Was : The Tijuana River Sewage Crisis, Non-State Actors, And The State, James M. Cooper
Faculty Scholarship
Sewage—a scary mixture of human waste and industrial toxins—flows into the Tijuana River Valley, an environmentally sensitive watershed that straddles the United Mexican States ("Mexico") and the United States of America. Treatment plants, a deteriorating one in Punta Bandera with limited capacity south of the border, and another in San Diego County completed in 1997, are inadequate to process the volume of sewage. So much sewage made its way into the Tijuana River that CBS 60 Minutes broadcast a special report on the binational environmental disaster in 2020.
Border factories and a population spike contribute to the sewage. Maquiladoras, …
Timeout For Sports Trademark Overprotection: Comparing The United States, European Union, And United Kingdom, Jodi S. Balsam
Timeout For Sports Trademark Overprotection: Comparing The United States, European Union, And United Kingdom, Jodi S. Balsam
California Western International Law Journal
No abstract provided.
Would Hitler Define Jews Living In His Germany As Citizens? An Amendment To The Foreign Sovereign Immunities Act Could Solve This Legal Puzzle For United States Courts, Tonya Bordeaux Larson
Would Hitler Define Jews Living In His Germany As Citizens? An Amendment To The Foreign Sovereign Immunities Act Could Solve This Legal Puzzle For United States Courts, Tonya Bordeaux Larson
California Western International Law Journal
No abstract provided.
Will Brazil Ever Escape Its Tax "Madhouse"?: Key Takeaways For Foreign Investors, Nicolas Jose Muniz Arias
Will Brazil Ever Escape Its Tax "Madhouse"?: Key Takeaways For Foreign Investors, Nicolas Jose Muniz Arias
California Western International Law Journal
No abstract provided.
Bizarre Love Triangle: The Trilateral Responses To Tame The United States-Mexico Border, James M. Cooper
Bizarre Love Triangle: The Trilateral Responses To Tame The United States-Mexico Border, James M. Cooper
Faculty Scholarship
This article explores the role that multilateral agreements among Canada, Mexico, and the United States, and bilateral agreements between the United States and Mexico, have played along the border. Part I of this article explores the Washington Consensus and the culture of accumulation, plunder, and extractivism that it has engendered. Part II delves into various economic integration pacts that are part of the Washington Consensus starting with the NAFTA, then the Security and Prosperity Partnership (SPP), and finally, the United States-Mexico-Canada Agreement. It concludes that neither agreement make the border safer, nor make its working people more prosperous.
Intellectual Property Through A Non-Western Lens: Patents In Islamic Law, Tabrez Y. Ebrahim
Intellectual Property Through A Non-Western Lens: Patents In Islamic Law, Tabrez Y. Ebrahim
Faculty Scholarship
The intersection of secular, Western intellectual property law and Islamic law is undertheorized in legal scholarship. Yet the nascent and developing non-Western law of one form of intellectual property—patents—in Islamic legal systems is profoundly important for transformational innovation and economic development initiatives of Muslim-majority countries that comprise nearly one-fifth of the world’s population.
Recent scholarship highlights the tensions of intellectual property in Islamic law because religious considerations in an Islamic society do not fully align with Western notions of patents. As Islamic legal systems have begun to embrace patents in recent decades, theories of patents have presented conceptual and theological …
Who Takes The Lead?: Comparative Insights On Arbitrability, The Delegation Clause, And The Supreme Court Of The United States, Cesare Cavallini
Who Takes The Lead?: Comparative Insights On Arbitrability, The Delegation Clause, And The Supreme Court Of The United States, Cesare Cavallini
California Western International Law Journal
No abstract provided.
Indigenous Peoples’ Diplomacy, Mediation, And Conciliation As A Response To The I.C.J. Decision In The Obligation To Negotiate Access To The Pacific Ocean Case, Yuri Mantilla
California Western International Law Journal
No abstract provided.
Rethinking The Environmental Quality Of Brazilian Beaches: The Incidence Of Microplastics As Indicator For Sea Water And Sand Quality, Beatriz Nunes Diógenes, Marcelo De Oliveira Soares, Tarin Cristino Frota Mont’Alverne
Rethinking The Environmental Quality Of Brazilian Beaches: The Incidence Of Microplastics As Indicator For Sea Water And Sand Quality, Beatriz Nunes Diógenes, Marcelo De Oliveira Soares, Tarin Cristino Frota Mont’Alverne
California Western International Law Journal
No abstract provided.
A Look At Australia’S Asylum Policy Through The Lens Of The United States’ Mpp, Gregory Szuman
A Look At Australia’S Asylum Policy Through The Lens Of The United States’ Mpp, Gregory Szuman
California Western International Law Journal
No abstract provided.
The Role Of Public Health Laws In Combating Plastic Pollution In Nigeria: Lessons From Other Selected Jurisdictions, Olaide Abass Gbadamosi
The Role Of Public Health Laws In Combating Plastic Pollution In Nigeria: Lessons From Other Selected Jurisdictions, Olaide Abass Gbadamosi
California Western International Law Journal
No abstract provided.
"Spain For The Spaniards": An Examination Of The Plunder & Polemic Restitution Of The Salamanca Papers, Emily T. Behzadi
"Spain For The Spaniards": An Examination Of The Plunder & Polemic Restitution Of The Salamanca Papers, Emily T. Behzadi
Faculty Scholarship
Throughout the Spanish Civil War, General Francisco Franco assembled numerous task forces to seize thousands of documents, photographs, prints, and artworks from private citizens and institutions that were politically adverse to his totalitarian regime. The majority of these so-called “Salamanca Papers” were taken from Catalonia, an autonomous community with a particularly contentious history with the Spanish government. Under existing principles of Spanish and international law, it is difficult to determine whether the Spanish State or Catalonia are the bona fide owners of this historical archive. The case over the ownership of the Salamanca Papers is one rarely discussed outside of …
Paper Terrorists: Independence Movements And The Terrorism Bar, Pooja R. Dadhania
Paper Terrorists: Independence Movements And The Terrorism Bar, Pooja R. Dadhania
Faculty Scholarship
This Article explores the application of the terrorism bar in immigration law to noncitizens who have participated in an independence movement. It proposes a uniform standard that immigration adjudicators can use to determine whether a foreign entity is a state in order to promote accurate applications of the terrorism bar. The terrorism bar in the Immigration and Nationality Act is broad — it can bar most forms of immigration relief, including asylum, and reaches far beyond ordinary definitions of terrorism. For example, the terrorism bar can block immigration relief for noncitizens who nonviolently supported a militia fighting for independence against …
Traditional Knowledge In Taiwan: A Call For Greater Participation Of Indigenous Peoples In The Global Intellectual Property Marketplace, James M. Cooper
Traditional Knowledge In Taiwan: A Call For Greater Participation Of Indigenous Peoples In The Global Intellectual Property Marketplace, James M. Cooper
Faculty Scholarship
This Article explores the plight of the Aborigines of Taiwan and the legal protections that exist for their Traditional Knowledge. While Taiwan continues to face international isolation with a diminished number of states recognizing the Republic of China as the seat of China, the island's government has taken limited steps to recognize language, cultural, and economic rights of its Indigenous peoples. International law has not been helpful in protecting Traditional Knowledge, but Taiwan could use its vast economic resources and positive track record in protecting some of these rights to further its goals of international recognition. This Article details the …
Suing Russia: How Americans Can Fight Back Against Russian Intervention In American Politics, William J. Aceves
Suing Russia: How Americans Can Fight Back Against Russian Intervention In American Politics, William J. Aceves
Faculty Scholarship
The evidence of Russian intervention in American politics is overwhelming. In the midst of the 2016 US presidential campaign, a growing number of inflammatory social media posts addressing various political topics emerged on Facebook, Instagram, and Twitter. These posts supported the candidacy of Donald Trump, condemned the influx of refugees and migrants, and promoted racial divisions in the United States. Through clicks, likes, shares, and retweets, these messages reached millions of Americans. But, these messages did not originate in the United States; they were drafted and disseminated through inauthentic social media accounts created and controlled by the Internet Research Agency, …
Correcting An Evident Error: A Plea To Revise Jesner V. Arab Bank, Plc, William J. Aceves
Correcting An Evident Error: A Plea To Revise Jesner V. Arab Bank, Plc, William J. Aceves
Faculty Scholarship
In Jesner v. Arab Bank, PLC, the Supreme Court held that foreign corporations are not subject to lawsuits under the Alien Tort Statute (“ATS”). Written by Justice Kennedy, the highly fractured opinion offered several reasons for its holding. Although commentators have already criticized various aspects of Justice Kennedy’s opinion, one point has not received meaningful consideration and merits correction. In his plurality opinion, Justice Kennedy attached significance to the placement of the Torture Victim Protection Act (“TVPA”) as a statutory note to the ATS in the U.S. Code. In so doing, he disregarded longstanding practice and black letter law that …
Ensuring Compensation For Wrongful Imprisonment And Wrongful Detention In Afghanistan, Hijratullah Safi
Ensuring Compensation For Wrongful Imprisonment And Wrongful Detention In Afghanistan, Hijratullah Safi
California Western International Law Journal
No abstract provided.
A Development Model Meets Piracy In Paraguay, James M. Cooper, Carlos Ruffinelli
A Development Model Meets Piracy In Paraguay, James M. Cooper, Carlos Ruffinelli
Faculty Scholarship
This essay will explore the dynamics behind Paraguay's economy, political stability, legal culture, and geopolitical conditions that make the protection of IP rights a major challenge. Part I of this essay details Paraguay's current condition in a socioeconomic, political, and developmental context. Part II of this essay explores how Paraguay's lack of economic opportunities, relaxed enforcement regime, and cultural tradition create conditions where the counterfeiting industry flourishes. Part III of this essay examines some of the international IP rights agreements to which Paraguay is a party, and it examines how these agreements might help strengthen the IP rights regime in …
The Common Heritage Of Mankind: Past, Present, And Future, John E. Noyes
The Common Heritage Of Mankind: Past, Present, And Future, John E. Noyes
Faculty Scholarship
This essay reflects on what has happened to the principle of the common heritage of humankind (the CH principle whereby all manage resources and share in the rewards of exploiting them, even if they are not able to participate in that exploitation) including recent developments affecting its implementation and its possible future. Part II of this essay discusses what the CH principle means in international law. This discussion involves three questions: To what situations does the principle apply? What are its components or elements? And what is its legal status? Parts III and IV suggest that "context" is essential to …
William Howard Taft And The Taft Arbitration Treaties, John E. Noyes
William Howard Taft And The Taft Arbitration Treaties, John E. Noyes
Faculty Scholarship
Part I of this Essay explains Taft's interest in international law, placing it in historical context. Part II, outlines key features of the treaties and explores the debate over their ratification. Part III then reflects on the significance of the treaties.
Litigating The Arab-Israeli Conflict In U.S. Courts: Critiquing The Lawfare Critique, William J. Aceves
Litigating The Arab-Israeli Conflict In U.S. Courts: Critiquing The Lawfare Critique, William J. Aceves
Faculty Scholarship
The lawfare critique offers a provocative challenge to the use of law and legal process in the context of the Arab-Israeli conflict. It has been used to question the legitimacy of numerous lawsuits filed by individuals harmed in the conflict. The lawfare critique is misguided, however, because it fails to recognize that the purpose of any legal system is to offer a viable alternative to the use of force. In addition, the lawfare critique runs counter to the right to a remedy, a firmly established principle of international law. Legal fora should remain accessible to victims, who should have the …
The Complicated Relationship: A Snapshot Of The U.S.-Mexico Border, James Cooper
The Complicated Relationship: A Snapshot Of The U.S.-Mexico Border, James Cooper
Faculty Scholarship
This report will detail some of the major issues concerning the U.S.-Mexico border and the interconnected nature of the problems. It first examines the violence between narcotraficantes, that which has resulted in the crackdown against them by the Mexican Government through mobilization of the military. The resulting violence and kidnappings have brought about minimal confidence in civilian authorities, the administration of justice, and democratic governance. This report discusses the resulting public insecurity that has afflicted Mexico in the last few years. This report explores the economic contours along the U.S. border, and the reactions of the U.S. Government to what …
Earl Warren Professorship: Michal R. Belknap, Michal R. Belknap, Laurence A. Benner, Introduction
Earl Warren Professorship: Michal R. Belknap, Michal R. Belknap, Laurence A. Benner, Introduction
California Western International Law Journal
No abstract provided.
Justice Roger Traynor Professorship Acceptance, John E. Noyes
Justice Roger Traynor Professorship Acceptance, John E. Noyes
Faculty Scholarship
Acceptance of John Noyes for the inaugural Roger J. Traynor Professor of Law.
Roger J. Traynor Professorship: John E. Noyes, William J. Aceves
Roger J. Traynor Professorship: John E. Noyes, William J. Aceves
Faculty Scholarship
Introduction to inaugural appointment of John E. Noyes to the Roger J. Traynor Professorship.
Louis And Hermione Brown Professorship: Thomas D. Barton, Thomas D. Barton, Steven R. Smith
Louis And Hermione Brown Professorship: Thomas D. Barton, Thomas D. Barton, Steven R. Smith
California Western International Law Journal
No abstract provided.
Roger J. Traynor Professorship: John E. Noyes, John E. Noyes, William J. Aceves
Roger J. Traynor Professorship: John E. Noyes, John E. Noyes, William J. Aceves
California Western International Law Journal
No abstract provided.