Law Commons^™

Cold War Legacy And Continuing Temptation: Tactical Nuclear Weapons In International Humanitarian Law, Stefan Kirchner

Stefan Kirchner

During the Cold War as well as in the wake of the 9/11 terrorist attacks, low yield tactical nuclear weapons have been deployed or, in the latter case, at least envisaged (again). Of particular interest in the early years of the 21^st century have been so called bunker busters, nuclear weapons which can penetrate the ground and which can be used to destroy underground facilities, such as Iranian nuclear facilities. In this article, the role of tactical nuclear weapons during the Cold War and today is explained and the legality of the use of tactical nuclear weapons, in particular …

Nuclear Chain Reaction: Why Economic Sanctions Are Not Worth The Public Costs, Nicholas C.W. Wolfe

Nicholas A Wolfe

International economic sanctions frequently violate human rights in targeted states and rarely achieve their objectives. However, many hail economic sanctions as an important nonviolent tool for coercing and persuading change. In November 2013, the Islamic Republic of Iran negotiated a temporary agreement with major world powers regarding Iran’s nuclear program. The United States’ media and politicians have repeatedly and incorrectly attributed Iran’s willingness to negotiate to the effectiveness of economic sanctions.

Politicians primarily focus on immediate domestic effects and enact sanctions without a thorough understanding of the long-term effects on the United States economy and the public within a targeted …

Why Do Europeans Ban Hate Speech? A Debate Between Karl Loewenstein And Robert Post, Robert Kahn

Robert Kahn

European countries restrict hate speech, the United States does not. This much is clear. What explains this difference? Too often the current discussion falls back on a culturally rich but normatively vacant exceptionalism (American or otherwise) or a normatively driven convergence perspective that fails to address historical, cultural and experiential differences that distinguish countries and legal systems. Inspired by the development discourse of historical sociology, this article seeks to record instances where Americans or Europeans have argued their approach to hate speech laws was more “advanced” or “modern.”

To that end this article focuses on two authors whose writing appears …

Get Busy Living Or Get Busy Dying: Waiting For The Death Penalty, A Comparison Of The Appeals Process In The United States And The People’S Republic Of China, Derrick Yan Kit Wong

Derrick Wong

This paper looks at the death penalty in the United States and China with a comparison of the judicial system in each country. The paper examines the speed at which China processes their death penalty cases and the delay in the US system. The purpose of the paper is to show that because of the delays in the US system, the financial burden to the taxpayer is increased and is not viewed as deterrence. If the US were to adopt a portion of the Chinese judicial system efficiency without sacrificing due process, then the death penalty can be a deterrent …

Equality Qua Equality: A Comparative Critique Of The Tiers Of U.S. Equal Protection Doctrine, Lorenzo Di Silvio

Lorenzo Di Silvio

On February 23, 2011, the Obama Administration announced that it would no longer defend the constitutionality of the Defense of Marriage Act. Of great significance in this announcement was the Administration’s position that classifications on the basis of sexual orientation warrant heightened judicial scrutiny. Notwithstanding this announcement, the level of review applied to sexual-orientation classifications—and the manner in which a court determines whether a particular type of classification deserves more searching review—is an open question, the answer to which typically dictates the outcome of challenges to government classifications. Apart from this outcome determinativeness, affording heightened scrutiny to some classifications but …

A Balancing Act? The Rights Of Donor-Conceived Children To Know Their Origins, Brigitte J. Clark Dr

Brigitte J Clark Dr

Abstract Internationally, donor-conceived children’s rights to know their biological origins have been recognised to some extent by the jurisprudence of the European Court of Human Rights (ECHR). With the drafting of the Article 7 (1) of the United Nations Convention on the Rights of the Child (UNCRC), as supplemented by Article 8, such children’s rights to know their biological origins whist they are children, and not only later as adults, were acknowledged for the first time, though not explicitly. Anonymous sperm donation is now banned in eleven jurisdictions, including Sweden and England and Wales. By contrast, France still does not …

Alliance Compliance: The Divergence In Us–Eu Airline Alliance Review Policies, Peter J. White Jd

Peter J White

Throughout the late twentieth century and into recent years, the airline industry has been characterized by a vast increase in global airline alliances. However, due to strict ownership restrictions, air carriers cannot take advantage of international mergers or takeovers. As a result, many air carriers enter into alliances with other air carriers in order to create an extensive international network, allowing them to benefit from economies of scope and density. An alliance also may allow an air carrier to operate more efficiently by eliminating duplication of costs, thereby allowing the air carrier to perform a better service for its customers. …

How Securities Regulation Really Works: A Comparative Study Of The Regulatory, Principled, And Normative Reputational Approaches To Securities Regulation, Amy Aiq

Amy Wall

This paper compares international securities regulation through the lens of a structural and historical analysis. The regulatory, principled and normative reputational models of securities regulation as exemplified by the U.S., U.K. and China are discussed. A discussion of the foundations of securities markets lays the groundwork for understanding different underlying purposes of securities regulation. The paper follows the development of securities markets from the roots of the 17th century European trading companies, through the statist polices that created the bond markets, to the transatlantic crossing and the development of the investment banking system and creation of governmental agencies enforcing securities …