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Articles 1 - 30 of 32
Full-Text Articles in Law
Perspectives, Donna Arzt, Gerald Grant
Perspectives, Donna Arzt, Gerald Grant
Syracuse University Magazine
No abstract provided.
Thicker Than Blood: Holding Exxon Mobil Liable For Human Rights, Kerrie M. Taylor
Thicker Than Blood: Holding Exxon Mobil Liable For Human Rights, Kerrie M. Taylor
Syracuse Journal of International Law and Commerce
This Note focuses on the accountability of multinational corporations that commit human rights violations abroad. More specifically, this note will focus on whether Exxon Mobil, who reported approximately $210 billion in revenue and was listed by Fortune as the largest publicly held corporation for the year 2000, may be held liable under the Alien Torts Claim Act ("ATCA") for knowingly supporting the egregious behavior of the Indonesian military. Part I of this Note explores the scope of the corporate human rights problem. Part II discusses the birth of multinational corporations ("MNCs"). Part III examines the history of the A TCA …
The Evolving Law On The Eurobank-Customer Relationship And The Common Law : The Need For Clarity, Edmund M. Kwaw
The Evolving Law On The Eurobank-Customer Relationship And The Common Law : The Need For Clarity, Edmund M. Kwaw
Syracuse Journal of International Law and Commerce
This article discusses the nature and operation of the euro-currency market and how the legal consequences of the euro-bank customer relationship are different from the domestic banker-customer relationship. It argues that there is a need for a redefinition of the common law on the banker-customer relationship.
2003-2004 Survey Of International Law In The Second : Alien Tort Claims Act And Subject Matter Jurisdiction, Rohit Punj
2003-2004 Survey Of International Law In The Second : Alien Tort Claims Act And Subject Matter Jurisdiction, Rohit Punj
Syracuse Journal of International Law and Commerce
In Presbyterian Church of Sudan v. Talisman Energy, the District Court for the Southern District of New York held that there was subject matter jurisdiction under the Alien Tort Claims Act [hereinafter ATCA], and that the Court could assert personal jurisdiction over a foreign corporation under New York law. The Court treated Talisman Energy [hereinafter Talisman], a Canadian corporation, as a state actor for ATCA purposes and further found that Talisman's acts constituted jus cogens violations. This Court's ruling reaffirmed Second Circuit and international treaty precedent, which holds that corporations may be held liable for }us cogens violations under the …
International Money Laundering And U.S. Law: A Need To "Know-Your-Partner", Marian Hagler
International Money Laundering And U.S. Law: A Need To "Know-Your-Partner", Marian Hagler
Syracuse Journal of International Law and Commerce
This article seeks to draw attention to the importance of understanding and mitigating the risks associated with the broad sweep of U.S. money laundering laws for persons pursuing new business relationships, such as new ventures in emerging markets. This article first examines the technical aspects of U.S. money laundering laws in the context of international transactions, and then provides recommendations for measured due diligence and other steps that work to reduce exposure to them by complying with the law's implicit "know your partner" requirement.
Introduction To Indigenous Law Symposium Transcripts, Danielle R. Lapierre
Introduction To Indigenous Law Symposium Transcripts, Danielle R. Lapierre
Syracuse Journal of International Law and Commerce
The Center for Indigenous Law, Governance and Citizenship was established in 2003 at Syracuse University College of Law under the direction of Robert Odawi Porter. The Center has four main goals: To conduct research relating to the citizenship rights and responsibilities of Indigenous peoples in the United States, Canada, and throughout the world; To conduct research relating to the law and governance of Indigenous nations in the United States and Canada; To provide technical assistance to Indigenous nations in the United States and Canada seeking to reform their governing institutions and administrative laws, as well as federal, state, local, and …
The Legal Arguments In The Seneca-Cayuga Tribe Bingo Hall, Daan Braveman
The Legal Arguments In The Seneca-Cayuga Tribe Bingo Hall, Daan Braveman
Syracuse Journal of International Law and Commerce
The Seneca-Cayuga Tribe of Oklahoma brought a lawsuit in federal court against the Town of Aurelius and some other defendants. That lawsuit, as much as any lawsuit that I know of that has been decided in the past, presents the issue that we are confronted with today and that is: What is the right of people to return, and what kind of jurisdictional controls can they have over the land once they return?
What Is The Federal Government's Trust Responsibility Towards Removed And Unremoved Indian Nations?, Ann C. Juliano
What Is The Federal Government's Trust Responsibility Towards Removed And Unremoved Indian Nations?, Ann C. Juliano
Syracuse Journal of International Law and Commerce
The question of removed and unremoved Indian nations competing with each other arises here in New York in the context of the land claims. There is also a land claim which has been filed in Pennsylvania. There are no federally recognized tribes in Pennsylvania and thus, there is an issue of a removed tribe returning to exercise jurisdiction. This raises the next question: what kind of jurisdiction do returning removed tribes have, and, given that removal policy across the country, can these types of cases arise in any number of states?
Small State With A Big Tradition: Norway Continues Whaling At The Expense Of Integration And Nordic Cooperation, Sonja M. Halverson
Small State With A Big Tradition: Norway Continues Whaling At The Expense Of Integration And Nordic Cooperation, Sonja M. Halverson
Syracuse Journal of International Law and Commerce
This Note has been separated into five parts. Part I summarizes the history of whaling, details Norwegian contributions to the whaling industry, and outlines the formation and transformation of the International Whaling Commission. Part II discusses the legality of Norwegian whaling, enforcement failures within the International Whaling Commission, and exceptions to international law that legalize Norwegian whaling. Part III illustrates the negative effect of Norwegian whaling on Norway's relationship with the European Union and the potential effect that whaling could have on other Nordic countries. Part IV examines the future of Norwegian whaling and contemplates the possibility of Norway discontinuing …
Iraq And The Future Of United States Foreign Policy : Failures Of Legitmacy, Henry H. Perritt Jr.
Iraq And The Future Of United States Foreign Policy : Failures Of Legitmacy, Henry H. Perritt Jr.
Syracuse Journal of International Law and Commerce
This article evaluates the political trusteeship in Iraq, and concludes that the United States failed to apply many lessons that the international community learned from preceding political trusteeships, and that the result is likely to be a serious unraveling of important, though intangible, sources of leverage for U. S. foreign policy and national security. The Iraq intervention has distracted attention from more important foreign policy objectives, including the urgent effort to understand the genesis of terrorism and to mobilize American resources to reduce the terrorist threat, while working through multilateral frameworks. Accomplishment of these is necessary for achieving important foreign …
Distributing The Costs Of Environmental, Health, And Safety Protection: The Feasibility Principle, Cost-Benefit Analysis, And Regulatory Reform, David M. Driesen
Distributing The Costs Of Environmental, Health, And Safety Protection: The Feasibility Principle, Cost-Benefit Analysis, And Regulatory Reform, David M. Driesen
College of Law - Faculty Scholarship
No abstract provided.
The War In Iraq And Imf Reform, S. Brock Blomberg
The War In Iraq And Imf Reform, S. Brock Blomberg
Syracuse Journal of International Law and Commerce
IMF is largely failing in its mission to address economic stability. However, the Commission unanimously supported a proposal maintaining that the IMF continues to restrict short-term crises assistance. Why limit IMF assistance? Since the IMF provides funds to countries in need, the expectation of such assistance creates moral hazard or incentives that encourage reckless behavior and bad policies for countries. In other words, countries may not make necessary economic reforms because they believe that the IMF will bail them out during difficult times, especially if there is an important strategic interest in preventing a country from economic crisis. good economic …
On The Problem Of Utilizing Unilateral Action To Prevent Acts Of Sea Piracy And Terrorism: A Proactive Approach To The Evolution Of International Law, Leticia Diaz, Barry H. Dubner
On The Problem Of Utilizing Unilateral Action To Prevent Acts Of Sea Piracy And Terrorism: A Proactive Approach To The Evolution Of International Law, Leticia Diaz, Barry H. Dubner
Syracuse Journal of International Law and Commerce
The goal of this article is to determine how the international community can prevent piracy and terrorism. The irony is that perhaps piracy may subside at last, but only as a result of the increased efforts of the international community to prevent terrorism. The purpose of this article, therefore, is to explore the parameters of the problems and trends toward serious destruction connected to these acts and to suggest that if regional approaches fail, certain unilateral actions against the perpetrators may be necessary in order to avoid massive human and environmental destruction. The core question is whether unilateral action growing …
2003-2004 Survey Of International Law In The Second: International Money Laundering Statue, Rebecca E. Hill
2003-2004 Survey Of International Law In The Second: International Money Laundering Statue, Rebecca E. Hill
Syracuse Journal of International Law and Commerce
In United States v. Dinero Express, Inc., the Second Circuit Court of Appeals was required to decide whether the remittance scheme, viewed as an entire process, qualifies as "transfer" under § 1956(a), despite the fact no money was wired from the United States to the Dominican Republic. The Court of Appeals affirmed the trial court's holding stating that the actions of defendant qualified as a "transfer."
2003-2004 Survey Of International Law In The Second: Universal Jurisdiction, Swati Desai
2003-2004 Survey Of International Law In The Second: Universal Jurisdiction, Swati Desai
Syracuse Journal of International Law and Commerce
The debate over international jurisdiction has even extended to the United States, where the Second Circuit ruled that the United States, and specifically the State of New York, had jurisdiction over the 1993 World Trade Center attackers, and that jurisdiction did not arise under the principles of universal jurisdiction, but rather under the extraterritorial jurisdiction principle, the protective principle, the passive personality principle, and the objective territoriality principle of customary international law. This survey will cover only the international law implications of United States v. Yousef Facts and issues are limited to that subject matter. This case is a combination …
When Good Tax Law Goes Bad: Stanley Works' Recent Dilemma And How The Internal Revenue Code Disadvantages U.S. Multinational Corporations Forcing Their Flight To Foreign Jurisdictions, Heather Campbell
Syracuse Journal of International Law and Commerce
This article will attempt to describe how the U.S. international tax system hinders the competitiveness of U.S.-based multinational corporations in the global economy by increasing their economic burdens. Additionally, this article will discuss how these corporations have expatriated themselves to lower tax jurisdictions to increase competitiveness in the global market. The Stanley Works Corporation's recent proposal to reincorporate in Bermuda to decrease its own tax liability will be used as an example. Part I of this article provides a brief overview of the two main methods employed by countries to tax income derived by its own corporations from their operations …
The Police Powers: A Pretext For Protectionism?, David M. Nelson
The Police Powers: A Pretext For Protectionism?, David M. Nelson
Syracuse Journal of International Law and Commerce
The first part of this note will define administrative and technical regulations and discuss recent trends toward these regulations in the European Community. The second part will concentrate on protectionism and analyze the negative effects of protectionism on consumers and producers. This part will set forth four arguments against protectionism. These four rationales can be divided into: (1) economic rationale; (2) retaliation rationale; (3) legitimacy of international law; and (4) purpose of the World Trade Organization (WTO). Part three will examine the current legal atmosphere surrounding health and safety regulations. This part will examine the Agreement on Sanitary and Phytosanitary …
Islamic Law And The International Protection Of Women's Rights:, Caroline E. Nicolai
Islamic Law And The International Protection Of Women's Rights:, Caroline E. Nicolai
Syracuse Journal of International Law and Commerce
Part I of this article develops Nigeria's history of political unrest and deeply divided Muslim and Christian population resulting in the recent emergence of religious governance by Shari'a Law. Part II describes current international law as well as Nigeria's international commitments under three specific treaties. The three treaties discussed are the Convention on the Elimination of all forms of Discrimination Against Women ("CEDA W"), the Optional Protocol to CEDA W ("The Protocol"), and the Convention Against Torture, and Other Cruel, Inhuman, or Degrading Treatment or Punishment ("CAT"). Part III details how Shari'a Law conflicts with Nigeria's commitments under the treaties …
The Legal Implications Of Living With Hiv/Aids In A Developing Country: The Afican Story, Florence Shu-Acquaye
The Legal Implications Of Living With Hiv/Aids In A Developing Country: The Afican Story, Florence Shu-Acquaye
Syracuse Journal of International Law and Commerce
This article looks at customary and statutory laws, such as polygamy, widow inheritance, and other cultural practices that have contributed to the entrenchment of the disease in Africa, particularly sub-Saharan Africa. 7 It also provides a discussion of the African dilemma with recommendations. The article further looks at how weak human rights laws are and how the stigmatization associated with HIV/AIDS has contributed to the multi-faceted and complex nature of this disease in Africa. Additionally, it evaluates the possibility of changing or amending some of the related existing laws by offering a checklist for policy makers and legislators. Finally, the …
Necessary Reform Of Insurance Law In China After Its Wto, Kuan-Chun Chang
Necessary Reform Of Insurance Law In China After Its Wto, Kuan-Chun Chang
Syracuse Journal of International Law and Commerce
This paper will include five parts: Part I will clearly examine China's obligations under the General Agreement on Trade in Service and its WTO commitments through official WTO documents. Part II will briefly introduce the history of China's insurance business and relevant legislation, discuss the recent rapid growth in the Chinese insurance market, and reveal that, although the legal reform in insurance law and related regulations has been initiated, other reforms are still necessary to back the continuing growth of the insurance market. Part III will examine whether the Insurance Law of 2002 and related regulations have conformed with all …
2003-2004 Survey Of International Law In The Second : Recognition Of Foreign Judgments, P. C. Kulp
2003-2004 Survey Of International Law In The Second : Recognition Of Foreign Judgments, P. C. Kulp
Syracuse Journal of International Law and Commerce
In Films By Jove, Inc. v. Berov, the United States District Court for the Eastern District of New York recognized the sovereignty and independence of the United States judiciary in the international arena. In its decision, the Court acknowledged the pervasive corruption in the Russian legal system and revealed an interest in protecting United States business interests. In disregarding the decision of the High Arbitrazh Court of the Russian Federation, Russia's court of last resort, the Court discounted international principles of comity. In doing so, the Court conveyed intolerance for corruption. Future opinions will therefore rely on this decision in …
2003-2004 Survey Of International Law In The Second : Warsaw Convention, Rebecca E. Hill
2003-2004 Survey Of International Law In The Second : Warsaw Convention, Rebecca E. Hill
Syracuse Journal of International Law and Commerce
In Magan v. Lufthansa German Airlines, the plaintiff appealed the granting of summary judgment in favor of the defendant, Lufthansa German Airlines [hereinafter Lufthansa]. The complaint arose out of an incident that occurred on an aircraft destined for Sofia, Bulgaria on March 27, 1997.2 Plaintiff claimed that, following the pilot's announcement to be seated, some turbulence caused him to hit his head on an overhang. As a result of the impact, Plaintiff Magan broke his nose and "dislodged a dental bridge from his mouth.'' Additionally, Magan complained of blurred vision and claimed he blacked out as a result of striking …
America's Struggle To Develop A Consistent Legal Approach To Controversial Human Embryonic Stem Cell Research And Therapeutic Cloning: Are The Politics Getting In The Way Of Hope?, Melissa S. Burchell
America's Struggle To Develop A Consistent Legal Approach To Controversial Human Embryonic Stem Cell Research And Therapeutic Cloning: Are The Politics Getting In The Way Of Hope?, Melissa S. Burchell
Syracuse Journal of International Law and Commerce
Part I of this note evaluates human embryonic stem cell research, including an explanation of the potential benefits of this procedure and the ethical debates surrounding this type of research. Part I also identifies the legal approach to human embryonic stem cell research currently used in the U.S. Next, Part I addresses therapeutic cloning. First, therapeutic cloning is explained and then distinguished from reproductive cloning. Second, Part I discusses the ethical concerns that arise from therapeutic cloning. Third, Part I outlines the current U.S. legal approach to therapeutic cloning. Part II of this note explains the British approach to both …
Does The Right Of Self-Determination Include A Right To A Homeland?, Allison M. Dussias
Does The Right Of Self-Determination Include A Right To A Homeland?, Allison M. Dussias
Syracuse Journal of International Law and Commerce
I would like to spend some time pinning down some of the legal support for this proposition that the right of self-determination has to include the right to a homeland. The starting point is defining self-determination. What do we mean by self-determination? What do we mean by the right of self-determination? Once we define that then we can think more about how the idea of a homeland fits into that broader concept of self-determination.
2003-2004 Survey Of International Law In The Second: National Stolen Property Act, Pooja Sethi
2003-2004 Survey Of International Law In The Second: National Stolen Property Act, Pooja Sethi
Syracuse Journal of International Law and Commerce
In United States of America v. Schultz, the United States Court of Appeals for the Second Circuit examined whether conspiring to take antiquities that were owned by the Government of Egypt under Egyptian Law 117 violates the National Stolen Property Act [hereinafter NSPA]. In analyzing this issue, the Second Circuit analyzed the law of Egypt- Law 117, the meaning of the term stolen, and the Fifth Circuit's definition of the NSP A. The Second Circuit found in this case that the Egyptian antiquities were stolen within the meaning of 18 U.S.C. § 2315, NSPA. To support this finding, the Second …
2003-2004 Survey Of International Law In The Second: Convention Against Torture, Pooja Sethi
2003-2004 Survey Of International Law In The Second: Convention Against Torture, Pooja Sethi
Syracuse Journal of International Law and Commerce
In Mu-Xing Wang v. John Ashcroft, the United States Court of Appeals for the Second Circuit announced that they had not set forth a test as to how the Board of Immigration Appeals should apply the facts to the relevant law in habeas review petitions. A specific test was not outlined, because the court decided that the Board of Immigration Appeals [hereinafter BIA] applied the facts properly to the law in Wang's Convention Against Torture claim. Furthermore, on the due process claim, in looking at whether Wang has been denied his due process rights under the Fifth Amendment of the …
Charging The Jury On Damages In Personal-Injury Cases: How New York Can Benefit From The English Practice, Charles D. Cole Jr
Charging The Jury On Damages In Personal-Injury Cases: How New York Can Benefit From The English Practice, Charles D. Cole Jr
Syracuse Journal of International Law and Commerce
The trial of a personal-injury case to a jury is fraught with uncertainty. Uncertainty stems from whether the plaintiff will prevail (and whether the jury will find the defendant at fault) and the amount of damages. Personal injuries, such as a broken ankle or a busted knee, do not translate well into specific dollar awards. Awarding a sum of money for a personal injury is firmly rooted in the law and is the only means available to compensate the plaintiff for a loss. These means are entrusted to the jury beginning at jury selection and continuing throughout the trial. trial …