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Articles 1 - 30 of 41
Full-Text Articles in Law
Digital Terror Crimes, Cody Corliss
Digital Terror Crimes, Cody Corliss
Law Faculty Scholarship
Terror actors operating within armed conflict have weaponized social media by using these platforms to threaten and spread images of brutality in order to taunt, terrify, and intimidate civilians. These acts or threats of violence are terror, a prohibited war crime in which acts or threats of violence are made with the primary purpose of spreading terror among the civilian population. The weaponization of terror content through social media is a digital terror crime.
This article is the first to argue that the war crime of terror applies to digital terror crimes perpetrated through social media platforms. It situates digital …
Securing Secrets: The Need For A Treaty Addressing State-Sponsored Economic Espionage, Jaylin Johnson
Securing Secrets: The Need For A Treaty Addressing State-Sponsored Economic Espionage, Jaylin Johnson
West Virginia Law Review
No abstract provided.
The Balkanization Of Data Privacy Regulation, Fernanda G. Nicola, Oreste Pollicino
The Balkanization Of Data Privacy Regulation, Fernanda G. Nicola, Oreste Pollicino
West Virginia Law Review
No abstract provided.
Brexit, The Misrepresentation Of Democracy, And The Rock Of Gibraltar, James J. Friedberg
Brexit, The Misrepresentation Of Democracy, And The Rock Of Gibraltar, James J. Friedberg
Law Faculty Scholarship
This short essay makes three points regarding Brexit that have not been widely considered in public or academic debate. First, Brexit advocates (Leavers) successfully misrepresented the referendum of June 2016 as a definitive expression of democratic will. (“The people have spoken.”) The slim majority result was less than such an expression, particularly because it ignored intercommunal and intergenerational democratic values—most profoundly, overriding clear majorities in Scotland and Northern Ireland which had voted to remain in the EU. Second, even though within a year of that referendum, a majority of Britons (Remainers) had come to oppose Brexit, political leadership among the …
It's Complicated: The Challenge Of Prosecuting Tncs For Criminal Activity Under International Law, Jena Martin
It's Complicated: The Challenge Of Prosecuting Tncs For Criminal Activity Under International Law, Jena Martin
Faculty & Staff Scholarship
This essay aims to tackle an increasingly thorny and relevant issue: what do you do if a Transnational Corporation (TNC) commits a crime? The question raises a number of challenges, both philosophically and practically. First, what does it mean to prosecute an organization? Although there are some limited examples (the United States’ prosecution of accounting firm Arthur Andersen being among the most note-worthy), we have relatively little precedence regarding what this would entail; how exactly do you put a corporation on trial? Second, practically speaking, where do you hold the trial? This challenge is magnified by the fact that, by …
Withdrawing From Nafta, Alison Peck
Withdrawing From Nafta, Alison Peck
Faculty & Staff Scholarship
Since the 2016 campaign, Donald Trump has threatened to withdraw from NAFTA. Can he? The question is complex. For one thing, NAFTA is not a treaty negotiated under the Treaty Clause of the Constitution, but rather a congressional–executive agreement, a creature of dubious con- stitutionality and ill-defined withdrawal and termination parameters. This Article reviews the scope of those restrictions and concludes that unilateral presidential withdrawal from NAFTA, although not without support, is ultimately unlawful. On one hand, unilateral presidential withdrawal would be valid as a matter of international law, and the NAFTA Implementation Act appears to be designed to terminate …
Political Trust In Kosovo: Exploring Cultural And Institutional Dynamics, Ermira Babamusta
Political Trust In Kosovo: Exploring Cultural And Institutional Dynamics, Ermira Babamusta
Graduate Theses, Dissertations, and Problem Reports
In this dissertation I examine political trust perceptions across different political-legal institutions and actors in Kosovo. I evaluate the levels of political trust using cultural and institutional performance explanations to investigate the key factors that have an impact on political trust. The study explores national political trust and international political trust, considering many domains of political trust: government, political leaders, political parties, Kosovo Courts, Kosovo Police, NATO, United Nations, European Union, and the Kosovo Specialist Court. There is growing concern about lower levels of political trust across Europe, especially in post-communist countries. In this study, I make the case that …
International Law, Settlements And The Two-State Solution, James J. Friedberg
International Law, Settlements And The Two-State Solution, James J. Friedberg
Faculty & Staff Scholarship
No abstract provided.
Playing Off-Key: Trans-Atlantic Data Regulation In A Discordant World, Jennifer L. Bauer
Playing Off-Key: Trans-Atlantic Data Regulation In A Discordant World, Jennifer L. Bauer
West Virginia Law Review
No abstract provided.
Easing The Transition: Proposing A Supranational Body To Facilitate Formalizing Economies, J. Berkeley Bentley
Easing The Transition: Proposing A Supranational Body To Facilitate Formalizing Economies, J. Berkeley Bentley
West Virginia Law Review
No abstract provided.
A Remedy For Congressional Exclusion Frm Contemporary International Agreement Making, Ryan Harrington
A Remedy For Congressional Exclusion Frm Contemporary International Agreement Making, Ryan Harrington
West Virginia Law Review
No abstract provided.
Development Through Trade Disputes: Building A Reputation Using The World Trade Organization's Dispute Settlement System, Jason L. Holliday
Development Through Trade Disputes: Building A Reputation Using The World Trade Organization's Dispute Settlement System, Jason L. Holliday
West Virginia Law Review
No abstract provided.
Nuclear Weapons, Elephants, Israel And The World Court, James J. Friedberg
Nuclear Weapons, Elephants, Israel And The World Court, James J. Friedberg
Faculty & Staff Scholarship
No abstract provided.
Nonviolent Law? Linking Nonviolent Social Change And Truth And Reconciliation Commissions, James W. Mccarty Iii
Nonviolent Law? Linking Nonviolent Social Change And Truth And Reconciliation Commissions, James W. Mccarty Iii
West Virginia Law Review
No abstract provided.
The Wane In Spain (Of Universal Jurisdiction): Spain's Forgetful Democratic Transition And The Prosecution Of Tyrants, James J. Friedberg
The Wane In Spain (Of Universal Jurisdiction): Spain's Forgetful Democratic Transition And The Prosecution Of Tyrants, James J. Friedberg
West Virginia Law Review
No abstract provided.
Americans And The Quest For An Ethical International Law, Mark Weston Janis
Americans And The Quest For An Ethical International Law, Mark Weston Janis
West Virginia Law Review
No abstract provided.
The Good, The Bad & The Ugly - A New Way Of Looking At The Intercountry Adoption Debate, Jena Martin
The Good, The Bad & The Ugly - A New Way Of Looking At The Intercountry Adoption Debate, Jena Martin
Law Faculty Scholarship
No abstract provided.
The Supreme Court Giveth And The Supreme Court Taketh Away: An Assessment Of Corporate Liability Under § 1350, Saad Gul
West Virginia Law Review
No abstract provided.
Costs Of Sovereignty, K. A.D. Camara
Ambiguity, Sovereignty And Identity In Ireland: Peace And Transition, James J. Friedberg
Ambiguity, Sovereignty And Identity In Ireland: Peace And Transition, James J. Friedberg
Faculty & Staff Scholarship
No abstract provided.
When A Good Idea Is Poorly Implemented: How The International Criminal Court Fails To Be Insulated From International Politics And To Protect Basic Due Process Guarantees, Andrew J. Walker
West Virginia Law Review
No abstract provided.
Federal Criminal Prosecutions And The Right To Consular Notification Under Article 36 Of The Vienna Convention, Roberto Iraola
Federal Criminal Prosecutions And The Right To Consular Notification Under Article 36 Of The Vienna Convention, Roberto Iraola
West Virginia Law Review
No abstract provided.
Maneuvering Through The Landmines Of Multiterritorial Copyright Litigation: How To Avoid The Presumption Against Extraterritoriality When Attempting To Recover For The Foreign Exploriation Of U.S. Copyrighted Works, Nathan R. Wollman
West Virginia Law Review
No abstract provided.
International Justice And International Law, Lea Brilmayer
International Justice And International Law, Lea Brilmayer
West Virginia Law Review
No abstract provided.
Portia's Daughters: The Role Of The Individual Litigant In Developing European Community Sex Discrimination Law, Holly Cullen, Andrew Charlesworth
Portia's Daughters: The Role Of The Individual Litigant In Developing European Community Sex Discrimination Law, Holly Cullen, Andrew Charlesworth
West Virginia Law Review
No abstract provided.
International Law And The United States' Air Operation Against Libya, Christopher J. Greenwood
International Law And The United States' Air Operation Against Libya, Christopher J. Greenwood
West Virginia Law Review
No abstract provided.
Monitoring Foreign Investment In Energy Resources: Problems And Proposals, James J. Friedberg
Monitoring Foreign Investment In Energy Resources: Problems And Proposals, James J. Friedberg
West Virginia Law Review
No abstract provided.
Domestic Relations--Recognition Of Foreign Modifiable Alimony Decrees, Francis Lucas Warder Jr.
Domestic Relations--Recognition Of Foreign Modifiable Alimony Decrees, Francis Lucas Warder Jr.
West Virginia Law Review
No abstract provided.
Safeguarding Atoms-For-Peace: U. K. Bilateral Agreements With Other Nations, Stephen Gorove
Safeguarding Atoms-For-Peace: U. K. Bilateral Agreements With Other Nations, Stephen Gorove
West Virginia Law Review
The dawn of the atomic age in the mid-twentieth century has brought with it many challenges and unique responsibilities. One of the most difficult among them has been the prevention of a nuclear holocaust in a world arena dotted with suspicion, jealousy and even outright hostility. Faced with excessive delays if not insuperable obstacles in finding a generally acceptable formula for atomic arms control and recognizing the close interrelationship between the civil and military applications of nuclear energy, the leading nuclear powers of the West wished to insure at least that their atomic assistance intended for the peaceful pursuits of …
Comparative Law--Consular Agent Representing His National As Beneficiary, Hazel Armenta Straub
Comparative Law--Consular Agent Representing His National As Beneficiary, Hazel Armenta Straub
West Virginia Law Review
No abstract provided.