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Articles 31 - 60 of 92
Full-Text Articles in Law
The Internet At 20: Evolution Of A Constitution For Cyberspace, Henry H. Perritt Jr.
The Internet At 20: Evolution Of A Constitution For Cyberspace, Henry H. Perritt Jr.
All Faculty Scholarship
This Article looks back over the Internet’s first twenty years, highlighting the crucial legal decisions by the executive, legislative, and judicial branches that have led to the Internet’s success, and which now frame its constitution. I participated in many of these decisions and wrote more than a dozen law review articles and reports suggesting directions for public policy and law. This Article uses this foundation to consider the future, focusing on major legal controversies, the resolution of which will define the Internet’s third decade—either strengthening or undermining its constitution.
Vertical Dimensions In The Quality Of Law, Bartram Brown
Vertical Dimensions In The Quality Of Law, Bartram Brown
All Faculty Scholarship
No abstract provided.
Should Criminal Juries Give Reasons For Their Verdicts?: The Spanish Experience And The Implications Of The European Court Of Human Rights Decision In Taxquet V. Belgium, Stephen C. Thaman
Should Criminal Juries Give Reasons For Their Verdicts?: The Spanish Experience And The Implications Of The European Court Of Human Rights Decision In Taxquet V. Belgium, Stephen C. Thaman
Chicago-Kent Law Review
This article uses the European Court of Human Rights judgment of Taxquet v. Belgium, decided by the Grand Chamber in 2010, which held that in some cases the trial jury's failure to give reasons for its verdict of guilt could constitute a violation of the right to a fair trial under Article 6 of the European Convention of Human Rights, as a springboard for discussing whether or not criminal trial juries in Europe and the United States should be more accountable for their verdicts. The article explains the special jury verdicts traditionally used in Europe and the new Spanish requirement …
International Criminal Law: Nature, Origins And A Few Key Issues, Bartram Brown
International Criminal Law: Nature, Origins And A Few Key Issues, Bartram Brown
All Faculty Scholarship
The purpose of international criminal law is to establish the criminal responsibility of individuals for international crimes. Public international law is traditionally focused on the rights and obligations of states, and thus is not particularly well suited to this task. It has adapted through a long and slow historical process, drawing upon multiple sources. Many of the chapters in this Handbook explore to some extent the historical development of international criminal law. I will not attempt to summarize that history in detail, but a few historical observations here will help to explain how international criminal law emerged from its sources …
Securing Global Trademark Exceptions: Why The United States Should Negotiate Mandatory Exceptions Into Future International Bilateral Agreements, Brian S. Kaunelis
Securing Global Trademark Exceptions: Why The United States Should Negotiate Mandatory Exceptions Into Future International Bilateral Agreements, Brian S. Kaunelis
Chicago-Kent Law Review
In December 2007, the European Union and the CARIFORUM States concluded a bilateral economic partnership agreement that included a mandatory fair use exception to trademark owners' rights. The EC-CARIFORUM Agreement is the first agreement that mandates the inclusion of Article 17 of the World Trade Organization's Agreement on Trade-Related Intellectual Property Rights and requires an exception to trademark rights. The push to balance international trademark owners' rights has begun, and this Note will detail why the United States should follow the European Union's lead and negotiate mandatory trademark exceptions into future bilateral agreements.
The Demise Of Development In The Doha Round Negotiations, Sungjoon Cho
The Demise Of Development In The Doha Round Negotiations, Sungjoon Cho
All Faculty Scholarship
This article provides a concise history of the Doha Round negotiation, analyzes its deadlock, and offers some suggestions for a successful Doha deal and for developing countries. The article observes that the nearly decade-long negotiation stalemate is symptomatic of diametrically opposed perceptions of the nature of the Round between developed and developing countries. While developed countries appear to be increasingly oblivious to Doha’s original genesis, developing countries vehemently condemn their narrow commercial focus in the Doha Round talks. It will not be easy to untie this Gordian knot since both developed and developing countries tend to think that no deal …
Reasonable Grounds Evidence Involving Sexual Violence In Darfur (With J. Hagan & R. Brooks), Todd Haugh
Reasonable Grounds Evidence Involving Sexual Violence In Darfur (With J. Hagan & R. Brooks), Todd Haugh
All Faculty Scholarship
No abstract provided.
The Relevance Of International Law To The Domestic Decision On Prosecutions For Past Torture, Bartram Brown
The Relevance Of International Law To The Domestic Decision On Prosecutions For Past Torture, Bartram Brown
All Faculty Scholarship
The US, as a champion of human rights abroad, has often been skeptical and even critical when other states have granted de facto amnesty allowing impunity for gross violations of human rights. Nonetheless, some now argue that the US should turn a blind eye to the evidence indicating that under the Bush Administration US government officials formulated and implemented a policy of torture. Naturally, arguments about US national security have been central to the debate. The CIA’s own reports insist that enhanced interrogation techniques have been effective in yielding valuable information vital to the national security of the United States, …
An Identity Crisis Of International Organizations, Sungjoon Cho
An Identity Crisis Of International Organizations, Sungjoon Cho
All Faculty Scholarship
An Identity Crisis of International Organizations Abstract International organizations (IOs) are ubiquitous. More than two hundred IOs touch our everyday lives, ranging banking to flu-shots. However, conventional political scientists seldom pay sufficient attention to IOs which they thoroughly deserve given their contemporary prominence. Because conventional international relations (IR) theories consider IOs as mere passive machineries, they hardly offer a satisfactory explanation on a distinctive mode of IOs’ institutional dynamic, in which a specific IO, as a separate and autonomous organic entity, grows, evolves and eventually makes sense of its own existence. This Essay offers a novel perspective which attempts to …
The International Joint Commission And Great Lakes Diversions: Indirectly Extending The Reach Of The Boundary Waters Treaty, A. Dan Tarlock
The International Joint Commission And Great Lakes Diversions: Indirectly Extending The Reach Of The Boundary Waters Treaty, A. Dan Tarlock
All Faculty Scholarship
The 1909 Boundary Waters Treaty (Treaty) is a model of, international water resources cooperation because it provides a permanent dispute mechanism, the six member International Joint Commission (IJC). Thus, both Canada and the United States have much to celebrate on the 100th anniversary of the Treaty. However, the most interesting aspect of the Treaty is the regime's ability to evolve through state practice beyond its original dispute resolution function, despite the inconsistent support for IJC involvement in transboundary water issues of the United States. The Treaty has been severely criticized by governments and non-governmental organizations (NGOs), especially in, Canada, for …
Depoliticizing Individual Criminal Responsibility, Bartram Brown
Depoliticizing Individual Criminal Responsibility, Bartram Brown
All Faculty Scholarship
No abstract provided.
Of The World Trade Court's Burden, Sungjoon Cho
Of The World Trade Court's Burden, Sungjoon Cho
All Faculty Scholarship
Decisions of the WTO tribunal (Court) on sensitive disputes, such as those concerning human health, have often caused resentment from some groups, besides losing parties. Beneath this disapproval against the Court lies an image of a Dworkinian Hercules which capriciously renders its own answers on risks and science. In judging which party should win the case, this Hercules assesses parties' arguments and evidence on risks and regulatory responses through a technical rule labeled the “burden of proof” (BOP). Yet, the BOP is more of the Court's burden than of parties' burden (who to prove) in that the final outcome of …
Are Shared Benefits Of International Waters An Equitable Apportionment? (With P. Wouters), A. Dan Tarlock
Are Shared Benefits Of International Waters An Equitable Apportionment? (With P. Wouters), A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
The Great Lakes As An Environmental Heritage Of Humankind: An International Law Perspective, A. Dan Tarlock
The Great Lakes As An Environmental Heritage Of Humankind: An International Law Perspective, A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
Final Status For Kosovo (Symposium Editor), Henry H. Perritt Jr.
Final Status For Kosovo (Symposium Editor), Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
Resolving Claims When Countries Disintegrate: The Challenge Of Kosovo, Henry H. Perritt Jr.
Resolving Claims When Countries Disintegrate: The Challenge Of Kosovo, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
The Law Of Later-Developing Riparian States: The Case Of Afghanistan, (With J. Mcmurray), A. Dan Tarlock
The Law Of Later-Developing Riparian States: The Case Of Afghanistan, (With J. Mcmurray), A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
Human Rights, Sovereignty And The Final Status Of Kosovo, Bartram Brown
Human Rights, Sovereignty And The Final Status Of Kosovo, Bartram Brown
All Faculty Scholarship
No abstract provided.
Economic Sustainability And Final Status For Kosovo, Henry H. Perritt Jr.
Economic Sustainability And Final Status For Kosovo, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
Final Status For Kosovo And Economic Sustainability, Henry H. Perritt Jr.
Final Status For Kosovo And Economic Sustainability, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
Iraq And The Future Of United States Foreign Policy: Failures Of Legitimacy, Henry H. Perritt Jr.
Iraq And The Future Of United States Foreign Policy: Failures Of Legitimacy, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
Providing Judicial Review For Decisions By Political Trustees, Henry H. Perritt Jr.
Providing Judicial Review For Decisions By Political Trustees, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
Should "Un-American" Foreign Judgments Be Enforced?, Mark D. Rosen
Should "Un-American" Foreign Judgments Be Enforced?, Mark D. Rosen
All Faculty Scholarship
In an earlier article I demonstrated that American courts are not constitutionally precluded from enforcing foreign judgments based on foreign laws that the Constitution prevents American governments from enacting. (Exporting the Constitution, 53 Emory L. J. 171 (2004)). Consider, for instance, an English defamation judgment based on English law, which is more pro-plaintiff than the First Amendment permits American law to be. I showed that although the English judgment may well be un-American insofar as it come from a non-American polity and reflects political values that are at variance with American constitutional law, neither the judgment itself nor its enforcement …
Intervention, Self-Determination, Democracy And The Residual Responsibilities Of The Occupying Power In Iraq, Bartram Brown
Intervention, Self-Determination, Democracy And The Residual Responsibilities Of The Occupying Power In Iraq, Bartram Brown
All Faculty Scholarship
No abstract provided.
Implementing Competition Law In Asia: Using European And U.S. Experience, David J. Gerber
Implementing Competition Law In Asia: Using European And U.S. Experience, David J. Gerber
All Faculty Scholarship
No abstract provided.
Prescriptive Authority: Global Markets As A Challenge To National Regulatory System, David J. Gerber
Prescriptive Authority: Global Markets As A Challenge To National Regulatory System, David J. Gerber
All Faculty Scholarship
No abstract provided.
Etat Des Lieux Des Droits De L’Homme, Du Droit International Humanitaire Et Du Droit International Pénal Face Aux Requêtes En «Réparation» Des Grands Crimes De L’Histoire: Bilan Prospectif (In French), Bartram Brown
All Faculty Scholarship
No abstract provided.
Barely Borders: Issues Of International Law, Bartram Brown
Barely Borders: Issues Of International Law, Bartram Brown
All Faculty Scholarship
No abstract provided.
Reconciling State Sovereignty And Protections For The Internally Displaced, Bartram Brown
Reconciling State Sovereignty And Protections For The Internally Displaced, Bartram Brown
All Faculty Scholarship
No abstract provided.
Lessons From The Balkans For American Foreign Policy: Building Civil Society Within A Multilateral Framework, Henry H. Perritt Jr.
Lessons From The Balkans For American Foreign Policy: Building Civil Society Within A Multilateral Framework, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.