Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- The Peter A. Allard School of Law (9)
- Columbia Law School (6)
- Singapore Management University (3)
- Georgetown University Law Center (2)
- Penn State Law (2)
-
- Schulich School of Law, Dalhousie University (2)
- University of Michigan Law School (2)
- Case Western Reserve University School of Law (1)
- Chicago-Kent College of Law (1)
- Florida International University College of Law (1)
- Maurer School of Law: Indiana University (1)
- Osgoode Hall Law School of York University (1)
- Pace University (1)
- Roger Williams University (1)
- Texas A&M University School of Law (1)
- The University of Akron (1)
- UIC School of Law (1)
- University of Florida Levin College of Law (1)
- University of Nebraska - Lincoln (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of Pennsylvania Carey Law School (1)
- University of South Carolina (1)
- Wayne State University (1)
- Keyword
-
- Law (8)
- International law (4)
- Regulation (4)
- Transnational litigation (4)
- Extractive industries (3)
-
- Human rights (3)
- Natural resources (3)
- Transnational Law (3)
- Transnational governance (3)
- United States (3)
- Canada (2)
- Certification (2)
- Civil Litigation (2)
- Conflict (2)
- Criminal law (2)
- Domestic law (2)
- Extradition (2)
- Extraterritorial (2)
- Extraterritoriality (2)
- Infrastructure (2)
- International Law (2)
- International Litigation (2)
- Mineral (2)
- Oil (2)
- Private regulation (2)
- Regime complexity (2)
- SEC (2)
- Terrorism (2)
- 9/11 (1)
- Ad hoc discretionary review (1)
- Publication
-
- Transnational Business Governance Interactions Working Papers (7)
- Columbia Center on Sustainable Investment Staff Publications (6)
- Faculty Publications (3)
- Research Collection Yong Pung How School Of Law (3)
- All Faculty Publications (2)
-
- All Faculty Scholarship (2)
- Articles (2)
- Articles, Book Chapters, & Popular Press (2)
- Journal Articles (2)
- Akron Law Faculty Publications (1)
- Articles & Book Chapters (1)
- Articles by Maurer Faculty (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Faculty Papers & Publications (1)
- Faculty Scholarship (1)
- Fourth Annual Interdisciplinary Conference on Human Trafficking, 2012 (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Law Faculty Research Publications (1)
- Law Faculty Scholarship (1)
- Scholarly Works (1)
- UF Law Faculty Publications (1)
- UIC Law Open Access Faculty Scholarship (1)
Articles 31 - 42 of 42
Full-Text Articles in Law
Anti-Trafficking Legislation In Sub-Saharan Africa: Analyzing The Role Of Coercion And Parental Responsibility, Ruby Andrew, Benjamin N. Lawrance
Anti-Trafficking Legislation In Sub-Saharan Africa: Analyzing The Role Of Coercion And Parental Responsibility, Ruby Andrew, Benjamin N. Lawrance
Fourth Annual Interdisciplinary Conference on Human Trafficking, 2012
This article discusses the effect of US and international support for local laws to combat child trafficking in sub-Saharan African states. The annual ranking of African anti-trafficking measures, produced by the US State Department’s Office to Monitor and Combat Trafficking in Persons (OMCTP) in conjunction with the UN Office on Crime and Drugs, not only provides an important source of data but also creates a powerful incentive for African states to effect legislative change.
We argue that, although the US supports criminalization of traffickers and the OMCTP espouses laws to deter parental inducement to support trafficking activities, the implementation of …
Book Review: Gary Botting, Extradition Between Canada And The United States (Ardsley: Transnational Publishers, 2005), Robert Currie
Book Review: Gary Botting, Extradition Between Canada And The United States (Ardsley: Transnational Publishers, 2005), Robert Currie
Articles, Book Chapters, & Popular Press
Both domestic and international laws regarding the extradition of fugitive criminal offenders are in a state of flux throughout the world. The current legal landscape reflects tension between the interest of state authorities in promoting “security,” on the one hand, and increasing recognition that human rights obligations are at play, on the other. Gary Botting’s book, Extradition Between Canada and the United States, successfully addresses this tension by way of a detailed examination of what is probably the most integrated extradition partnership outside the European Union.
A Tale Of Two Brothers: The Impact Of The Khadr Cases On Canadian Anti-Terrorism Law, Robert Currie
A Tale Of Two Brothers: The Impact Of The Khadr Cases On Canadian Anti-Terrorism Law, Robert Currie
Articles, Book Chapters, & Popular Press
After something of a slow start, Canada’s post-9/11 terrorism laws have seen a fair amount of traffic over the last several years, and many of these prosecutions were high-profile in both the public and the legal senses. The case of the “Toronto 18” was well-chewed over by the press, coverage oscillating between grim amusement at the apparent incompetence of some of the accused and the sobering danger presented by others. The Supreme Court of Canada recently granted leave to appeal in the cases of Momin Khawaja, who was convicted for various terrorist activities carried out within and outside Canada, and …
Toward A Law Of "Lovely Parting Gifts": Conditioning Forum Non Conveniens Dismissals, Thomas O. Main
Toward A Law Of "Lovely Parting Gifts": Conditioning Forum Non Conveniens Dismissals, Thomas O. Main
Scholarly Works
No abstract provided.
United States--Certain Measures Affecting Imports Of Poultry From China: The Fascinating Case That Wasn't, Donald H. Regan
United States--Certain Measures Affecting Imports Of Poultry From China: The Fascinating Case That Wasn't, Donald H. Regan
Articles
US–Poultry (China) was the first Panel decision dealing with an origin-specific SPS measure, or with what the United States referred to as an ‘equivalence regime’. More specifically, it was the first instance in which the basis for the challenged measure was the claimed inability of the complainant country to enforce its own food-safety rules. Unfortunately, as the litigation developed, the very interesting novel issues raised by such a measure were not discussed. This essay discusses those novel issues – in particular, what sort of scientific justification or risk assessment should be required for a measure like this, and what SPS …
Forum Non Conveniens On Appeal: The Case For Interlocutory Review, Cassandra Burke Robertson
Forum Non Conveniens On Appeal: The Case For Interlocutory Review, Cassandra Burke Robertson
Faculty Publications
Court-access doctrine in transnational litigation is plagued by uncertainty. Without a national court-access policy, federal courts often reach inconsistent forum non conveniens decisions even on very similar facts. This inconsistency is compounded by the district court’s largely unreviewable discretion in making those forum-access decisions, which precludes effective resolution of these conflicts through the appellate process. As a result, the law underlying the forum non conveniens doctrine remains unsettled, creating systemic inefficiency both in litigation procedure and in regulatory policy.
This article, prepared for the symposium “Our Courts and the World: Transnational Litigation and Civil Procedure,” argues that expanding appellate review …
International Civil Litigation In U.S. Courts: Becoming A Paper Tiger?, Stephen B. Burbank
International Civil Litigation In U.S. Courts: Becoming A Paper Tiger?, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Evading Legislative Jurisdiction, Austen L. Parrish
Evading Legislative Jurisdiction, Austen L. Parrish
Articles by Maurer Faculty
In the last few years, and mostly unnoticed, courts have adopted a radically different approach to issues of legislative jurisdiction. Instead of grappling with the difficult question of whether Congress intended a law to reach beyond U.S. borders, courts have side-stepped it entirely. Courts have done so by redefining the definition of extraterritoriality. Significant and contentious decisions in the Ninth and D.C. Circuits paved the way by holding that not all regulation of overseas foreign conduct is extraterritorial. And then suddenly, last term, the U.S. Supreme Court breathed life into the practice. In its landmark Morrison v. National Australia Bank …
Transparency Norms, The World Trade System And Free Trade Agreements: The Case Of Ceta, Ljiljana Biuković
Transparency Norms, The World Trade System And Free Trade Agreements: The Case Of Ceta, Ljiljana Biuković
All Faculty Publications
Canada and the European Union (EU) are negotiating an ambitious Comprehensive Economic and Trade Agreement (CETA). While the content of the agreement has not yet been officially disclosed by its negotiators, the general public and the business community are already concerned about the scope and effect of CETA on the two economies and their societies. This article deals with CETA’s transparency provisions. It claims that, whereas CETA has not yet utilized external transparency to ensure support for the negotiations, it does have the potential for greater regulatory transparency in technical barriers to trade (TBT)- and sanitary and phytosanitary (SPS)-related matters …
Transnational Conservation Contracts, Natasha Affolder
Transnational Conservation Contracts, Natasha Affolder
All Faculty Publications
Transnational environmental law is the subject of growing scholarly interest. Yet, much work remains to be done to fill in both the conceptual and empirical contours of this field. One methodological challenge that transnational law poses is the need to look beyond traditional sources of international and national law. This article contributes to efforts to understand transnational law's multilayered architecture by drawing attention to the use of transnational contracts as a mechanism to protect habitats and species. The diverse and proliferating examples of conservation contracts discussed in this article – which include forest carbon agreements, conservation concessions, debt-for-nature swaps, conservation …
Queer Cases Make Bad Law, James C. Hathaway, Jason Pobjoy
Queer Cases Make Bad Law, James C. Hathaway, Jason Pobjoy
Articles
The Refugee Convention, now adopted by 147 states, is the primary instrument governing refugee status under international law. The Convention sets a binding and nonamendable definition of which persons are entitled to recognition as refugees, and thus to enjoy the surrogate or substitute national protection of an asylum state. The core of the article 1A(2) definition provides that a refugee is a person who has a “well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion, or membership of a particular social group.” A person is thus a refugee, and entitled to the non-refoulement and other protections …
The First Amendment’S Borders: The Place Of Holder V. Humanitarian Law Project In First Amendment Doctrine, David Cole
The First Amendment’S Borders: The Place Of Holder V. Humanitarian Law Project In First Amendment Doctrine, David Cole
Georgetown Law Faculty Publications and Other Works
In Holder v. Humanitarian Law Project, the Supreme Court’s first decision pitting First Amendment rights against national security interests since the terrorist attacks of September 11, 2001, the Court appears to have radically departed from some of the First Amendment’s most basic principles, including the maxims that speech may not be penalized because of its viewpoint, that even speech advocating crime deserves protection until it constitutes incitement, and that political association is constitutionally protected absent specific intent to further a group’s illegal ends. These principles lie at the core of our political and democratic freedoms, yet Humanitarian Law Project …