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Full-Text Articles in Law
International Law And Legitimacy And The Palestine Question, Rashid Khalidi
International Law And Legitimacy And The Palestine Question, Rashid Khalidi
UC Law SF International Law Review
In this speech delivered at the Fourth Annual Rudolf B. Schlesinger Memorial Lecture on October 25, 2006, Rashid Khalidi discussed aspects of the history of how international law and the growing 20th century framework of international legitimacy emerging from the League of Nations and the United Nations have intersected with the issue of Palestine over the past century or so. Indeed, in some measure, the treatment of the Palestine issue by these two bodies has shown the limits of international law, and of an international order founded on it. In making policy on Palestine over most of the past century, …
From Mice To Men: Genetic Doping In International Sports, Kristin Jo Custer
From Mice To Men: Genetic Doping In International Sports, Kristin Jo Custer
UC Law SF International Law Review
Elite athletes have a long history of using various doping methods to enhance performance, from ingesting cocaine to injecting growth hormones. The World Anti-Doping Agency has taken a number of steps to rid sports of doping to level the playing field for all athletes. A new frontier in doping, however, is beginning to emerge in the form of genetic doping, whereby athletes may alter their genetic makeup to improve performance and speed recovery from injuries. This note discusses various legal implications and concerns of the rising threat of genetic doping to international sports.
You Say You Want A Revolution: Argentina's Recovered Factory Movement, Adam David Cole
You Say You Want A Revolution: Argentina's Recovered Factory Movement, Adam David Cole
UC Law SF International Law Review
The Recovered Factory Movement in Argentina - in which workers assume control and ownership of factories abandoned by their owners - has piqued the interest of social activists worldwide. However, despite a noticeable buzz within leftist circles, the movement has received little more than a cursory examination from its enthusiasts. This note attempts to nudge the discourse in a substantive direction by explaining the pertinent law, discussing the changes sought by the movement, and analyzing the accompanying policy issues. In so doing, this note is meant to serve as a starting point to encourage more exhaustive treatment of the relevant …
Ireland Goes Bananas: Irish Insider Trading Law And Price-Sensitive Information After Fyffes V. Dcc, Jeremiah Burke
Ireland Goes Bananas: Irish Insider Trading Law And Price-Sensitive Information After Fyffes V. Dcc, Jeremiah Burke
UC Law SF International Law Review
In Fyffes v. DCC, the Irish High Court ruled that James Flavin, a non-executive director of the banana distributer, Fyffes PLC, did not engage in insider trading. The case is Ireland's most significant ruling on insider trading because it clarifies the test, under Irish law, for determining whether information available to an insider is price-sensitive. A comparison of Irish and American securities law reveals that an American court may have viewed Flavin's dealings as insider trading because American courts focus on whether non-public information is material. While Fyffes was not a sympathetic plaintiff, the Irish statutory focus on price-sensitive information …
End-Of-Life Decisionmaking For Patients In Persistent Vegetative States: A Comparative Analysis, Suzanne Rode
End-Of-Life Decisionmaking For Patients In Persistent Vegetative States: A Comparative Analysis, Suzanne Rode
UC Law SF International Law Review
The attention that the Schiavo case has brought to end-of-life decisionmaking presents an opportunity to re-examine current laws addressing treatment for incompetent patients. In the United States, the right to self-determination is the primary value in making treatment decisions for incompetent patients. Alternatively the United Kingdom and Australia recognize a more objective "best interest" approach, and Japan places primary importance on the role of families in end-of-life decisionmaking. This note describes these different approaches to making treatment decisions for patients in persistent vegetative states and explores how the "best interest" and family-centered approaches can inform and improve healthcare law in …
The Use Of Offensive Force In U.N. Peacekeeping: A Cycle Of Boom And Bust, James Sloan
The Use Of Offensive Force In U.N. Peacekeeping: A Cycle Of Boom And Bust, James Sloan
UC Law SF International Law Review
U.N. peacekeeping operations have traditionally been expected to adhere to three key principles: they must operate with the consent of the host state, they must act impartially and they must limit their use of force to self-defense. This article focuses on the final characteristic, the self-defense principle, and chronicles the attitude of the U.N. towards its observance. As the article will show, there have been three main periods where the self-defense principle has been ignored: with ONUC operation in the Congo in the early 1960s, with several missions in the early 1990s and, finally, with the current period, beginning in …
The Hague Convention On The Civil Aspects Of International Childhood Abduction: Where Are We, And Where Do We Go From Here, Dan Beth Finkey
The Hague Convention On The Civil Aspects Of International Childhood Abduction: Where Are We, And Where Do We Go From Here, Dan Beth Finkey
UC Law SF International Law Review
Each year, hundreds innocent children are abducted from their homes and taken to foreign countries - victims of international parental abduction. In 1980, the U.N. developed The Hague Convention on Civil Aspects of International Childhood Abduction in order to protect children from wrongful international abduction, and to ensure that abducted children are safely returned to their homes. Although scholars laud the Convention as being generally effective, perverse results sometimes arise in the U.S., where courts are struggling to interpret the Convention's provisions so that they do not harm victims of domestic violence. This note suggests a novel way to improve …
A Moral Imperative: The Human Rights Implications Of Climate Change, Sara C. Aminzadeh
A Moral Imperative: The Human Rights Implications Of Climate Change, Sara C. Aminzadeh
UC Law SF International Law Review
Even conservative forecasts of climate change predict dramatic effects to environments, economies, and people around the world. Though the causal link between climate change and human rights is not as readily apparent as with other environmental issues, climate change impacts public health, food security, infrastructures, and natural resources. For the Inuit living in the rapidly melting Arctic, and citizens of small island developing states facing sea level rise, climate change has become a matter of human rights. This note explores the effect of climate change on human rights, such as the right to life and the right to health, as …
Nao Valel A Pena (Not Worth The Trouble?) Afro-Brazilian Workers And Brazilian Anti-Discrimination Law, Benjamin Hensler
Nao Valel A Pena (Not Worth The Trouble?) Afro-Brazilian Workers And Brazilian Anti-Discrimination Law, Benjamin Hensler
UC Law SF International Law Review
In this paper Benjamin Hensler examines the paradoxical underdevelopment of Brazilian antidiscrimination law and its impact on the country's Afro-Brazilian population - a group that includes more than 40% of Brazil's citizens, and the vast majority of its poor. The author considers why, despite the presence of both widespread racial discrimination in the country's private labor market and explicit prohibitions on employment discrimination in its constitution, there has been - until quite recently - a glaring absence of successful legal challenges to racial discrimination by Afro-Brazilian workers. His paper discusses the interwoven relationships among three key factors that have inhibited …
Deportation Of Human Rights Abusers: Towards Achieving Accountability, Not Fostering Impunity, Simona Agnolucci
Deportation Of Human Rights Abusers: Towards Achieving Accountability, Not Fostering Impunity, Simona Agnolucci
UC Law SF International Law Review
This article discusses recently enacted changes to U.S. immigration law allowing for deportation of violators of international human rights norms. By (1) examining Canada's implementation of similar immigration-based accountability measures for human rights violators; (2) analyzing three cases of alleged human rights violators who left their countries of origin; and (3) discussing deportation. of human rights violators in light of traditional theories of criminal punishment, this paper concludes that deportation alone is an inadequate means of achieving accountability. The article concludes with a series of guidelines for determining whether deportation should be used as part of a greater scheme to …