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Articles 1 - 5 of 5
Full-Text Articles in Law
Where’S The Consultation? The War Powers Resolution And Libya, Eileen Burgin
Where’S The Consultation? The War Powers Resolution And Libya, Eileen Burgin
The University of New Hampshire Law Review
[Excerpt] “President Barack Obama triggered a War Powers Resolution (WPR) controversy with his military response to the anti-government rebellion and civil war in Libya in 2011. Members of Congress seized upon the WPR, questioning whether the Obama administration had complied with the WPR’s requirements when the United States launched the initial Libyan Operation Odyssey Dawn (OOD) and subsequently participated in the North Atlantic Treaty Organization (NATO) Operation Unified Protector (OUP). Many legislators charged that President Obama had violated the WPR. Concerns centered on such issues as presidential reliance on the United Nations (U.N.) Security Council—rather than Congress—for authorization to act, …
Global Expansion Of National Securities Laws: Extraterritoriality And Jurisdictional Conflicts, Junsun Park
Global Expansion Of National Securities Laws: Extraterritoriality And Jurisdictional Conflicts, Junsun Park
The University of New Hampshire Law Review
[Excerpt] “As securities fraud has grown increasingly transnational, it has become necessary to expand the reach of anti-fraud provisions to persons and entities participating in global securities markets. So far, however, no single antifraud provision exists to govern the entire global marketplace. Although each country strives to combat international securities fraud by using its own regulatory regime, problems can develop when extraterritorial application of national securities laws leads to regulatory overlapping or conflicts. In light of these problems, it is necessary to set forth clear guidelines for determining whether national securities laws can apply extraterritorially and, if so, how far …
42 U.S.C. § 1983: A Legal Vehicle With No International Human Rights Treaty Passengers, Matthew J. Jowanna
42 U.S.C. § 1983: A Legal Vehicle With No International Human Rights Treaty Passengers, Matthew J. Jowanna
The University of New Hampshire Law Review
[Excerpt] “How do international human rights treaties interact with the domestic civil rights law of the United States and, particularly, 42 U.S.C. § 1983? How should international human rights treaties interact with the domestic civil rights law of the United States? ―International law is part of our law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction, as often as questions of right depending upon it are duly presented for their determination. The United States is obligated to respect the international treaties it ratifies, whether they are fully implemented in domestic law or not. In …
Trademarks And Human Rights: Oil And Water? Or Chocolate And Peanut Butter?, Megan M. Carpenter
Trademarks And Human Rights: Oil And Water? Or Chocolate And Peanut Butter?, Megan M. Carpenter
Law Faculty Scholarship
In recent years, there has been a growing discourse at the intersection of intellectual property and human rights, including whether or not individual intellectual property rights are, or can be, human rights. In 2007, this debate began to focus on the area of trademarks. That year, the European Court of Human Rights determined that it had jurisdiction over a trademark dispute, by virtue of the property rights provision found in Article 1 of Protocol 1 to the European Convention on Human Rights. This paper seeks to explore the connection between trademarks and human rights. The first part of the article …
Enforcing Internationally Recognized Human Rights Violations Under The Alien Tort Claims Act: An Analysis Of The Ninth Circuit’S Decision In Doe V. Unocal Corp., Joshua E. Kastenberg
Enforcing Internationally Recognized Human Rights Violations Under The Alien Tort Claims Act: An Analysis Of The Ninth Circuit’S Decision In Doe V. Unocal Corp., Joshua E. Kastenberg
The University of New Hampshire Law Review
[Excerpt] "On September 18, 2002, the Ninth Circuit Court of Appeals ruled that a United States based corporation can be held civilly liable for “aiding and abetting” the internationally recognized human rights violation of forced labor. This case, Doe v. Unocal Corp.1 (Doe II), is significant for its ramifications to human rights litigation in United States courts as well as to future liability for multinational corporations conducting commerce in foreign states. The uniqueness of this case is found in its precedent. No prior federal court has held a corporation liable for human rights violations under the Alien Tort Claims Act. …