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Articles 61 - 90 of 7940
Full-Text Articles in Law
The Proposed Restatement (Fourth) Of The Foreign Relations Law Of The United States: Treaties—Some Serious Procedural And Substantive Concerns, Leila Nadya Sadat
The Proposed Restatement (Fourth) Of The Foreign Relations Law Of The United States: Treaties—Some Serious Procedural And Substantive Concerns, Leila Nadya Sadat
BYU Law Review
No abstract provided.
Taming Madison’S Monster: How To Fix Self-Execution Doctrine, David L. Sloss
Taming Madison’S Monster: How To Fix Self-Execution Doctrine, David L. Sloss
BYU Law Review
No abstract provided.
Four Problems With The Draft Restatement’S Treatment Of Treaty Self-Execution, Carlos Manuel Vázquez
Four Problems With The Draft Restatement’S Treatment Of Treaty Self-Execution, Carlos Manuel Vázquez
BYU Law Review
No abstract provided.
Constraining Charming Betsy: Textual Ambiguity As A Predicate To Applying The Charming Betsy Doctrine, Andrew H. Bean
Constraining Charming Betsy: Textual Ambiguity As A Predicate To Applying The Charming Betsy Doctrine, Andrew H. Bean
BYU Law Review
No abstract provided.
A New Imperialism? Evaluating Russia’S Acquisition Of Crimea In The Context Of National And International Law, Trevor Mcdougal
A New Imperialism? Evaluating Russia’S Acquisition Of Crimea In The Context Of National And International Law, Trevor Mcdougal
BYU Law Review
No abstract provided.
Internal Policing Of The Enduring Issue Of Racism In Professional Team Sports, Chris Davies, Neil Dunbar
Internal Policing Of The Enduring Issue Of Racism In Professional Team Sports, Chris Davies, Neil Dunbar
The University of Notre Dame Australia Law Review
The issue of racism is one that is covered by both international treaties and domestic legislation. Most major sports, however, now have internal regulations, usually reflecting the treaties and legislation. Case studies from Australian, English and European sport, in particular, football, basketball, cricket and rugby league, indicate that the internal regulations have been effective in dealing with racism issues in those sports. The issues have involved players, managers, coaches, owners, officials and spectators, with the latter representing the main problem area for sport. The reasons for this are that it can be harder to identify the culprits and there is …
Judicial Activism And Arbitrary Control: A Critical Analysis Of Obergefell V Hodges 556 Us (2015) - The Us Supreme Court Same-Sex Marriage Case, Augusto Zimmermann
Judicial Activism And Arbitrary Control: A Critical Analysis Of Obergefell V Hodges 556 Us (2015) - The Us Supreme Court Same-Sex Marriage Case, Augusto Zimmermann
The University of Notre Dame Australia Law Review
This article critically analyses the recent US Supreme Court decision in Obergefell v Hodges, the samesex marriage case. The court in Obergefell put a stop to the democratic process by removing an important issue from the realm of democratic deliberation. These unelected judges held that their nation’s federal constitution should ‘evolve’ in a way that is supported by neither the document’s language, nor its history or authority. In short, they have imposed their worldview on the people at the expense of federalism and the democratic process. This is why Justice Alito was so correct to state that such an exercise …
Should ‘Public Reason’ Developed Under Us Establishment Clause Jurisprudence Apply To Australia?, Anthony K. Thompson
Should ‘Public Reason’ Developed Under Us Establishment Clause Jurisprudence Apply To Australia?, Anthony K. Thompson
The University of Notre Dame Australia Law Review
John Rawls’ idea of public reason holds that comprehensive doctrines including religion should not be allowed a voice in the public square. Such ideas prevent society achieving that ‘overlapping consensus’ which is said to be a requirement for enduring peace and progress. However, the suggestion that some ideas should be excluded from public debate is anti-democratic. This article reviews Rawls’ idea of public reason’ against its US legal context and suggests it was a response to US Supreme Court decisions concerning their First Amendment. Though our framers copied most of that clause into the Australian Constitution, the High Court has …
From Cause To Responsibility: R2p As A Modern Just War, Zamaris Saxon, Lara Pratt
From Cause To Responsibility: R2p As A Modern Just War, Zamaris Saxon, Lara Pratt
The University of Notre Dame Australia Law Review
This article examines the relationship between just war theory and the modern principle of responsibility to protect (R2P). In the absence of the principle’s clear use as a justification for the use of force, this article considers two situations which prompted debate about the applicability of the principle - the UN Security Council authorised no-fly-zone in Libya in 2011 and the decision not to use force in Syria in 2012. The article’s core message is that the debates about R2P suggest that rather than view R2P as a ‘new’ principle of international law, it should be viewed as a modern …
Extraterritorial Application And Customary Norm Assessment Of Non-Refoulement: The Legality Of Australia's 'Turn-Back' Policy, James Mansfield
Extraterritorial Application And Customary Norm Assessment Of Non-Refoulement: The Legality Of Australia's 'Turn-Back' Policy, James Mansfield
The University of Notre Dame Australia Law Review
This article considers whether the Commonwealth Government’s border protection policy of turning back asylum seeker boats breaches its international obligation not to refoule refugees, as imposed under the Refugee Convention art 33(1). In addressing this issue the article examines whether art 33(1) applies extraterritorially, and whether a similar obligation has become embedded in customary international law. The conclusions reached are applied to specific situations where Australia has returned refugees.
Explaining Crimmigration In Indonesia: A Discourse Of The Fight Against People Smuggling, Irregular Migration Control, And Symbolic Criminalization, Anugerah Rizki Akbari
Explaining Crimmigration In Indonesia: A Discourse Of The Fight Against People Smuggling, Irregular Migration Control, And Symbolic Criminalization, Anugerah Rizki Akbari
Indonesia Law Review
Controlling migration in the world's largest archipelago brings various challenges to Indonesian authorities that differ from other countries. The difficulties become even more complicated since Indonesia has been known as the most favorite transit country for people who want to migrate to Australia due to its strategic geographical location, which is situated between the continents of Asia and Australia and between the Pacific and Indian oceans. Following this, the decision of choosing the mechanism of criminal law to deal with irregular migration from the start leads Indonesia to its acknowledgment as a country who is vulnerable to the trend of …
Legal Framework And Mechanism Of Marine Fisheries Subsidies In The Aspects Of International Trade And Sustainable Development, Adijaya Yusuf, Melda Kamil Ariadno, Arie Afriansyah
Legal Framework And Mechanism Of Marine Fisheries Subsidies In The Aspects Of International Trade And Sustainable Development, Adijaya Yusuf, Melda Kamil Ariadno, Arie Afriansyah
Indonesia Law Review
Issues in fisheries have been regulated in various international conventions. The United Nations Convention on the Law of the Sea 1982 (UNCLOS 1982) has builta regime in the field of conservation and management of fishery resources based upon maritime zones or fish species that exist and available in this zone. However, UNCLOS 1982 only focuses on the issue of fisheries in the Exclusive Economic Zone (EEZ) and the high seas, thus it was not sufficient to overcome the problems of high frequent of fishing in maritime zones which are fully subject to the jurisdiction of coastal states, such as in …
Proposing An Integrative-Progressive Model In Handling Troubled Indonesian Overseas Workers In The Transit Area (A Socio-Legal Research In Tanjung Pinang City, Kepulauan Riau Province), Rina Shahriyani Shahrullah, Elza Syarief
Proposing An Integrative-Progressive Model In Handling Troubled Indonesian Overseas Workers In The Transit Area (A Socio-Legal Research In Tanjung Pinang City, Kepulauan Riau Province), Rina Shahriyani Shahrullah, Elza Syarief
Indonesia Law Review
Tanjung Pinang City of the Riau Islands Province (Provinsi Kepulauan Riau) is a transit area for the troubled Indonesian overseas workers from Singapore and Malaysia. The Indonesian National Board for the Placement and Protection of Indonesian Workers (Badan Nasional Penempatan dan Perlindungan Tenaga Kerja Indonesia/BNP2TKI) reported that 15,105 troubled Indonesian overseas workers were deported from January to November 2014 via Tanjung Pinang City. Previous research revealed that citizens of Tanjung Pinang City criticized the treatments given by the local government to the deported workers by reason that they were not the citizens of the Riau Islands Province, yet the local …
Climate Change And Forest Governance: Lessons From Indonesia, Birkah Latif
Climate Change And Forest Governance: Lessons From Indonesia, Birkah Latif
Indonesia Law Review
Climate change and forest governance have always been discussed between scholars, governments and all stakeholders who engage in the issues. Discussions have been arisen from time to time on how devastating the impacts of environment loss caused by the acts of people. These impacts have brought people and countries to see the problems more seriously and attentively.
Multiple Authorisation: The Legal Complexity Of Desentralisasi In Indonesia And The Potential Contribution Of Iias In Reducing Confusion, Michael Ewing-Chow, Junianto James Losari
Multiple Authorisation: The Legal Complexity Of Desentralisasi In Indonesia And The Potential Contribution Of Iias In Reducing Confusion, Michael Ewing-Chow, Junianto James Losari
Indonesia Law Review
Decentralisation system in Indonesia was introduced after the fall of the former President Soeharto with the objective of ensuring good governance and equitable development across all regions in the country. Unfortunately, the implementation of desentralisasi has been complicated. Some scholars have suggested that the model was flawed as it did not consider Indonesia’s context of less developed administrative institutions in the regions. Not only did desentralisasi cause headaches for the government, it also created confusion for foreign investors. Consequently, it affects the investment climate in the country and undermines the perception of Indonesia as an attractive place to invest in. …
Unaccompanied & Denied: Regional Legal Framework For Unaccompanied Minors Asylum Seekers (Umas), Rohaida Nordin, Jennifer Whelan, Saidatul Nadia Abd. Aziz, Meerah Deiwi Rajagopal
Unaccompanied & Denied: Regional Legal Framework For Unaccompanied Minors Asylum Seekers (Umas), Rohaida Nordin, Jennifer Whelan, Saidatul Nadia Abd. Aziz, Meerah Deiwi Rajagopal
Indonesia Law Review
Unaccompanied minor asylum seekers are vulnerable and thus, provided special international law protections. However, in reality, they are being mistreated as illegal immigrants and on the receiving end of ethnic violence, discrimination, restrictions in enjoyment of their rights duly recognised by international human rights law. This article identifies legislative, policy and support mechanisms which encompass the minimum UMAS guardianship standards at international law and which are evidence-based from best practice models for the provision of guardians for UMAS internationally. It presents situation of UMAS in relation to human rights violations with emphasis on the legal framework and practices in Australia …
Should Indonesia Accede To The 1951 Refugee Convention And Its 1967 Protocol?, Dita Liliansa, Anbar Jayadi
Should Indonesia Accede To The 1951 Refugee Convention And Its 1967 Protocol?, Dita Liliansa, Anbar Jayadi
Indonesia Law Review
Being a non-party to the 1951 Convention relating to the Status of Refugees (“1951 Refugee Convention”) and 1967 Protocol relating to the Status of Refugees (“1967 Protocol”), Indonesia does not have legal obligations to provide permanent resettlement for asylum seeker and/or refugee. However, as a transit country for those seeking shelter in Australia, Indonesia undergoes a myriad of issues resulting from illegal entrance by asylum seeker and/or refugee. Besides having neither legal framework nor domestic mechanism to handle asylum seekers and/or refugee, Indonesia’s immigration law identifies every foreigner including asylum seeker and refugee who unlawfully enter Indonesia’s territory into the …
What Should The Restatement (Fourth) Say About Treaty Interpretation?, Jean Galbraith
What Should The Restatement (Fourth) Say About Treaty Interpretation?, Jean Galbraith
BYU Law Review
The Restatement (Second) and Restatement (Third) of the Foreign Relations Law took notably different approaches to treaty interpretation, reflecting intervening changes in the legal landscape. This symposium contribution identifies five developments in international and domestic law since the Restatement (Third). It then considers their import for the forthcoming Restatement (Fourth). Most importantly, it argues that the Restatement (Fourth) should fully incorporate two articles on treaty interpretation from the Vienna Convention on the Law of Treaties into its black-letter provisions. Since the time of the Restatement (Third), these articles have become central to international practice on treaty interpretation, and the principles …
Presidential Pronouncements Of Customary International Law As An Alternative To The Senate’S Advice And Consent, Eric Talbot Jensen
Presidential Pronouncements Of Customary International Law As An Alternative To The Senate’S Advice And Consent, Eric Talbot Jensen
BYU Law Review
The Restatement (Fourth) of Foreign Relations Law of the United States has thus far focused on the status of treaties in United States law, and has not specifically considered the topic of customary international law. While the American Law Institute undoubtedly has good reasons for its approach, there is an emerging presidential practice that should catch the attention of the drafters and encourage them to make at least a small foray into customary international law’s impact on the domestic law of the United States. This practice consists of presidents proclaiming to the international community that certain provisions of treaties that …
Treaties And The Presumption Against Preemption, David H. Moore
Treaties And The Presumption Against Preemption, David H. Moore
BYU Law Review
No abstract provided.
A Textual Approach To Treaty Non-Self-Execution, Michael D. Ramsey
A Textual Approach To Treaty Non-Self-Execution, Michael D. Ramsey
BYU Law Review
No abstract provided.
Forced Marriage At The Cambodian Crossroads: Eccc Can Develop A New Crime Against Humanity, Cameron Christensen
Forced Marriage At The Cambodian Crossroads: Eccc Can Develop A New Crime Against Humanity, Cameron Christensen
BYU Law Review
No abstract provided.
Alternative Restrictions Of Sex Offenders' Social Media Use & The Freedom Of Speech, Norah M. Sloss
Alternative Restrictions Of Sex Offenders' Social Media Use & The Freedom Of Speech, Norah M. Sloss
Catholic University Journal of Law and Technology
No abstract provided.
Don’T Tread On Me…Online: The Fec Should Stay Out Of Free Internet-Based Political Speech, Timothy J. D’Elia
Don’T Tread On Me…Online: The Fec Should Stay Out Of Free Internet-Based Political Speech, Timothy J. D’Elia
Catholic University Journal of Law and Technology
No abstract provided.
The Defend Trade Secrets Act Of 2015, S. 1890, H.R. 3326, 114th Congress (2015), Joseph K.C. Doukmetzian
The Defend Trade Secrets Act Of 2015, S. 1890, H.R. 3326, 114th Congress (2015), Joseph K.C. Doukmetzian
Catholic University Journal of Law and Technology
No abstract provided.
Justice In America: Diverting The Mentally Ill, Matthew J. D'Emic
Justice In America: Diverting The Mentally Ill, Matthew J. D'Emic
City University of New York Law Review
No abstract provided.
Frand V. Compulsory Licensing: The Lesser Of The Two Evils, Srividhya Ragavan, Brendan Murphy, Raj Davé
Frand V. Compulsory Licensing: The Lesser Of The Two Evils, Srividhya Ragavan, Brendan Murphy, Raj Davé
Duke Law & Technology Review
This paper focuses on two types of licenses that can best be described as outliers—FRAND and compulsory licenses. Overall, these two specific forms of licenses share the objective of producing a fair and reasonable license of a technology protected by intellectual property. The comparable objective notwithstanding, each type of license achieves this end using different mechanisms. The FRAND license emphasizes providing the licensee with reasonable terms, e.g., by preventing a standard patent holder from extracting unreasonably high royalty rates. By contrast, compulsory licenses emphasize the public benefit that flows from enabling access to an otherwise inaccessible invention. Ultimately, both forms …
Qualified Immunity Or Justified Brutality?: An Examination Of The Qualified Immunity Doctrine In Peterson V. Kopp, Tabitha Johnson
Qualified Immunity Or Justified Brutality?: An Examination Of The Qualified Immunity Doctrine In Peterson V. Kopp, Tabitha Johnson
Tennessee Journal of Race, Gender, & Social Justice
No abstract provided.
Gender Boxing: The Ioc’S Policy On Female Hyperandrogenism And Attempt To Draw Bright Lines Between Sexes While The World Outside Athletics Embraces Gender Fluidity, Holly E. Jones
Tennessee Journal of Race, Gender, & Social Justice
No abstract provided.
Hegemonic Masculinity And Reproductive Freedom, Rick Mula
Hegemonic Masculinity And Reproductive Freedom, Rick Mula
Tennessee Journal of Race, Gender, & Social Justice
No abstract provided.