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Social and Behavioral Sciences

2010

Brigham Young University Law School

Articles 1 - 14 of 14

Full-Text Articles in Law

All Human Rights Are Equal, But Some Are More Equal Than Others: The Extraordinary Rendition Of A Terror Suspect In Italy, The Nato Sofa, And Human Rights, Chris Jenks, Eric Talbot Jensen Dec 2010

All Human Rights Are Equal, But Some Are More Equal Than Others: The Extraordinary Rendition Of A Terror Suspect In Italy, The Nato Sofa, And Human Rights, Chris Jenks, Eric Talbot Jensen

Faculty Scholarship

On November 4, 2009, an Italian court found a group of Italian military intelligence agents, operatives from the Central Intelligence Agency and a U.S. Air Force (USAF) officer guilty of the 2003 kidnapping of terror suspect Abu Omar. Thrown in a van on the streets of Milan, the abduction took Abu Omar from Italy to Egypt, where he was allegedly tortured and interrogated about his role in recruiting fighters for extremist Islamic causes, including the insurgency in Iraq. This essay posits that lost amidst politically charged rhetoric about Bush administration impunity and the “war on terror” is that the Italian …


A Study On The Development Of A Global Community From A Legal Perspective, Sung-Soo Han Dec 2010

A Study On The Development Of A Global Community From A Legal Perspective, Sung-Soo Han

Brigham Young University International Law & Management Review

No abstract provided.


Constraints Of The Agreement On South Asian Free Trade Area And Saarc Agreement On Trade In Services Militating Against Sub-Regional Trade Proliferation In South Asia, Rizwanul Islam Dec 2010

Constraints Of The Agreement On South Asian Free Trade Area And Saarc Agreement On Trade In Services Militating Against Sub-Regional Trade Proliferation In South Asia, Rizwanul Islam

Brigham Young University International Law & Management Review

No abstract provided.


Ricci's "Color-Blind" Standard In A Race Conscious Society: A Case Of Unintended Consequences?, Michael J. Zimmer Nov 2010

Ricci's "Color-Blind" Standard In A Race Conscious Society: A Case Of Unintended Consequences?, Michael J. Zimmer

BYU Law Review

No abstract provided.


Immature Citizens And The State, Vivian E. Hamilton Nov 2010

Immature Citizens And The State, Vivian E. Hamilton

BYU Law Review

No abstract provided.


A Two-Edged Sword: The Economy Cooperation Framework Agreement Between The Republic Of China And The People's Republic Of China, Chi-An Chou Jun 2010

A Two-Edged Sword: The Economy Cooperation Framework Agreement Between The Republic Of China And The People's Republic Of China, Chi-An Chou

Brigham Young University International Law & Management Review

No abstract provided.


Fcc V. Fox Television Stations And The Role Of Logical Error In Hard Look Review, Samuel G. Brooks May 2010

Fcc V. Fox Television Stations And The Role Of Logical Error In Hard Look Review, Samuel G. Brooks

BYU Law Review

No abstract provided.


In Search Of New Believers: How The Guatemalan Religious Panorama Has Changed In Recent Decades, Hugo Leonel Ruano Mar 2010

In Search Of New Believers: How The Guatemalan Religious Panorama Has Changed In Recent Decades, Hugo Leonel Ruano

BYU Law Review

No abstract provided.


Protecting Public Lands From The Public: Kane County And Revised Statute 2477 , Douglas P. Farr Mar 2010

Protecting Public Lands From The Public: Kane County And Revised Statute 2477 , Douglas P. Farr

BYU Law Review

No abstract provided.


Islam And Religious Freedom: Role Of Interfaith Dialogue In Promoting Global Peace , Tayseir M. Mandour Mar 2010

Islam And Religious Freedom: Role Of Interfaith Dialogue In Promoting Global Peace , Tayseir M. Mandour

BYU Law Review

No abstract provided.


Caveat Lessor: U.S. Aircraft Financiers Beware: 11 U.S.C. § 1110 Expectations May Not Be Met In Cross-Border Insolvencies, Kevin Gaunt Jan 2010

Caveat Lessor: U.S. Aircraft Financiers Beware: 11 U.S.C. § 1110 Expectations May Not Be Met In Cross-Border Insolvencies, Kevin Gaunt

Brigham Young University International Law & Management Review

No abstract provided.


Does Climate Change Justify Compulsory Licensing Of Green Technology?, Robert Fair Jan 2010

Does Climate Change Justify Compulsory Licensing Of Green Technology?, Robert Fair

Brigham Young University International Law & Management Review

No abstract provided.


The President's Unconstitutional Treatymaking, David H. Moore Jan 2010

The President's Unconstitutional Treatymaking, David H. Moore

Faculty Scholarship

The President of the United States frequently signs international agreements but postpones ratification pending Senate consent. Under international law, a state that signs a treaty subject to later ratification must avoid acts that would defeat the treaty's object and purpose until the nation clearly communicates its intent not to join. As a result, the President in signing assumes interim treaty obligations before the treatymaking process is complete. Despite the pervasiveness of this practice, scholars have neglected the question of its constitutionality. As this Article demonstrates, the practice is unconstitutional. Neither the text, structure, nor history of the Constitution supports the …


Do U.S. Courts Discriminate Against Treaties?: Equivalence, Duality, And Treaty Non-Self-Execution, David H. Moore Jan 2010

Do U.S. Courts Discriminate Against Treaties?: Equivalence, Duality, And Treaty Non-Self-Execution, David H. Moore

Faculty Scholarship

No abstract provided.