Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (16)
- Criminal Law (5)
- Comparative and Foreign Law (4)
- Human Rights Law (4)
- Social and Behavioral Sciences (3)
-
- Health Law and Policy (2)
- Intellectual Property Law (2)
- Law and Gender (2)
- Legal Studies (2)
- Medical Jurisprudence (2)
- Property Law and Real Estate (2)
- Administrative Law (1)
- Business Organizations Law (1)
- Civil Rights and Discrimination (1)
- Constitutional Law (1)
- Courts (1)
- Criminal Procedure (1)
- International Humanitarian Law (1)
- International Public Health (1)
- International Relations (1)
- International Trade Law (1)
- Jurisdiction (1)
- Jurisprudence (1)
- Law and Politics (1)
- Law and Society (1)
- Legal History (1)
- Legal Theory (1)
- Medicine and Health Sciences (1)
- Military, War, and Peace (1)
- Institution
-
- Chicago-Kent College of Law (4)
- William & Mary Law School (4)
- Northwestern Pritzker School of Law (2)
- American University Washington College of Law (1)
- Case Western Reserve University School of Law (1)
-
- Florida A&M University College of Law (1)
- Florida International University College of Law (1)
- George Washington University Law School (1)
- Georgetown University Law Center (1)
- Kennesaw State University (1)
- Schulich School of Law, Dalhousie University (1)
- Technological University Dublin (1)
- University of Kentucky (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- Valparaiso University (1)
- Villanova University Charles Widger School of Law (1)
- Publication
-
- All Faculty Scholarship (4)
- Faculty Publications (4)
- Faculty Working Papers (2)
- Articles (1)
- Articles in Law Reviews & Other Academic Journals (1)
-
- Articles, Book Chapters, & Popular Press (1)
- Faculty Articles (1)
- Faculty Scholarship (1)
- GW Law Faculty Publications & Other Works (1)
- Journal Publications (1)
- Law Faculty Publications (1)
- Law Faculty Scholarly Articles (1)
- Library Staff Publications (1)
- O'Neill Institute Papers (1)
- Popular Media (1)
- Scholarly Works (1)
- Working Paper Series (1)
Articles 1 - 24 of 24
Full-Text Articles in Law
Our Exceptional Constitution, Timothy Zick
The Forms Of International Law, Joseph W. Dellapenna
The Forms Of International Law, Joseph W. Dellapenna
Working Paper Series
For those who are not familiar with international law, just what it is or how it operates is often a puzzle. Some will doubt whether there even is such a thing, or, as it is often put, whether international law really is law. To answer this question, one must consider the forms that international law takes and how it functions. This analysis begins with a consideration of how law works in general and then proceeds to examine international law to consider how it resembles and how it differs from the law most people—lawyers and non-lawyers alike—are familiar with. Much international …
The Joint Action And Learning Initiative: Towards A Global Agreement On National And Global Responsibilities For Health, Lawrence O. Gostin, Eric A. Friedman, Gorik Ooms, Thomas Gebauer, Narendra Gupta, Devi Sridhar, Wang Chenguang, John-Arne Røttingen, David Sanders
The Joint Action And Learning Initiative: Towards A Global Agreement On National And Global Responsibilities For Health, Lawrence O. Gostin, Eric A. Friedman, Gorik Ooms, Thomas Gebauer, Narendra Gupta, Devi Sridhar, Wang Chenguang, John-Arne Røttingen, David Sanders
O'Neill Institute Papers
A coalition of civil society organizations and academics is initiating a Joint Action and Learning Initiative on National and Global Responsibilities for Health (JALI) to research key conceptual questions involving health rights and responsibilities, with the goal of securing a global health agreement andsupporting civil society and community mobilization around the human right to health. The social mobilization is critical to creating the political space that would make such an agreement possible and to ensuring its implementation.
This agreement, such as a Framework Convention on Global Health, would inform post-Millennium Development Goal global health commitments, be grounded in the right …
Women And Children Last: The Prosecution Of Sex Traffickers As Sex Offenders And The Need For A Sex Trafficker Registry, Geneva Brown
Women And Children Last: The Prosecution Of Sex Traffickers As Sex Offenders And The Need For A Sex Trafficker Registry, Geneva Brown
Law Faculty Publications
Sex trafficking is a moral and legal tragedy that affects thousands in the United States and abroad. The U.S. State Department estimates that human traffickers bring between 14,500 and 17,500 persons annually into the United States for various avenues of exploitation, including involuntary servitude and forced prostitution. Human traffickers are highly organized into criminal syndicates that reap exponential profits exploiting vulnerable women and children. Individual states struggle to prosecute traffickers and must rely on federal prosecution of trafficking enterprises. International cooperation with local law enforcement is essential in combating trafficking, especially in the sex trade. This Article proposes that an …
Paying For The Past: Addressing Past Property Violations In South Africa, Bernadette Atuahene
Paying For The Past: Addressing Past Property Violations In South Africa, Bernadette Atuahene
All Faculty Scholarship
No abstract provided.
From Control To Communication: Science, Philosophy And World Trade Law, Sungjoon Cho
From Control To Communication: Science, Philosophy And World Trade Law, Sungjoon Cho
All Faculty Scholarship
Science has recently become increasingly salient in various fields of international law. In particular, the WTO Sanitary and Phytosanitary (SPS) Agreement stipulates that a regulating state must provide scientific justification for its food safety measures. Paradoxically, however, this ostensibly neutral reference to science tends to complicate treaty interpretation. It tends to take treaty interpretation beyond a conventional methodology under the Vienna Convention on the Law of Treaties, which is primarily concerned with clarifying and articulating the treaty text. The two decades old transatlantic trade dispute over hormone-treated beef is a case in point. This article demonstrates that beneath the controversy …
International Criminal Law: Nature, Origins And A Few Key Issues, Bartram Brown
International Criminal Law: Nature, Origins And A Few Key Issues, Bartram Brown
All Faculty Scholarship
The purpose of international criminal law is to establish the criminal responsibility of individuals for international crimes. Public international law is traditionally focused on the rights and obligations of states, and thus is not particularly well suited to this task. It has adapted through a long and slow historical process, drawing upon multiple sources. Many of the chapters in this Handbook explore to some extent the historical development of international criminal law. I will not attempt to summarize that history in detail, but a few historical observations here will help to explain how international criminal law emerged from its sources …
Property Rights And The Demands Of Transformation, Bernadette Atuahene
Property Rights And The Demands Of Transformation, Bernadette Atuahene
All Faculty Scholarship
No abstract provided.
Islam In The Secular Nomos Of The European Court Of Human Rights, Peter G. Danchin
Islam In The Secular Nomos Of The European Court Of Human Rights, Peter G. Danchin
Faculty Scholarship
Since 2001 the European Court of Human Rights has decided a series of cases involving Islam and the claims of Muslim communities (both majorities and minorities) to freedom of religion and belief. This Article suggests that what is most interesting about these cases is how they are unsettling existing normative legal categories under the ECHR and catalyzing new forms of politics and rethinking of both the historical and theoretical premises of modern liberal political orders. These controversies raise anew two critical questions for ECHR jurisprudence: first, regarding the proper scope of the right to religious freedom; and second, regarding the …
The Relation Of Theories Of Jurisprudence To International Politics And Law, Anthony D'Amato
The Relation Of Theories Of Jurisprudence To International Politics And Law, Anthony D'Amato
Faculty Working Papers
In this essay we shall be concerned with the real world relevance of theories of international law; that is, with the question of the theories themselves as a factor in international decision-making. To do this it is first necessary to review briefly the substance of the jurisprudential debate among legal scholars, then to view some basic jurisprudential ideas as factors in international views of "law," and finally to reach the question of the operative difference a study of these theories might make in world politics.
New Approaches To Customary International Law, Anthony D'Amato
New Approaches To Customary International Law, Anthony D'Amato
Faculty Working Papers
Reviews Eric A. Posner, The Perils of Global Legalism; Andrew T. Guzman, How International Law Works; Brian A. Lepard, Customary International Law.
After a century of benign neglect, international theorizing has taken off. The three contributors to legal theory reviewed here can be placed along a linear spectrum with Posner at the extreme political science end, Lepard at the opposite international law end and Andrew Guzman holding up the middle.
The Legal Dilemma Of Guantánamo Detainees From Bush To Obama, Linda A. Malone
The Legal Dilemma Of Guantánamo Detainees From Bush To Obama, Linda A. Malone
Faculty Publications
No abstract provided.
Head-Of-State And Foreign Official Immunity In The United States After Samantar: A Suggested Approach, Christopher Totten
Head-Of-State And Foreign Official Immunity In The United States After Samantar: A Suggested Approach, Christopher Totten
Faculty Articles
This Article consists of four parts. Part I addresses the US approach to immunity for current and former foreign heads of state as well as the related issue of foreign official immunity. Part I includes a discussion of the 2010 US Supreme Court case of Samantar, which addresses foreign official immunity. Part II explores head-of-state and official immunity under international law, including a discussion of Democratic Republic of the Congo v. Belgium decided by the International Court of Justice ("ICJ"), the Charles Taylor immunity decision of the Special Court for Sierra Leone, the ongoing case by the ICC against Sudanese …
Insular Minorities: International Law’S Challenge To Japan’S Ethnic Homogeneity, Timothy Webster
Insular Minorities: International Law’S Challenge To Japan’S Ethnic Homogeneity, Timothy Webster
Faculty Publications
The Japanese state has long promoted a view of itself, and the country, as ethnically homogeneous. Borrowing on critical race theory as developed in the United States, this paper first traces the numerous laws and policies that Japan has implemented to privilege ethnically Japanese people, and prejudice ethnic others. Next, the paper examines the role of international human rights law in challenging various edifices of the ethno-state, including amendments to legislation, and individual lawsuits. I conclude that international law has played a meaningful role in diversifying the protective ambit of Japanese law, but cannot provide all of the solutions that …
First, Do No Harm: Response To “If You Prick Me”, Patricia A. Broussard
First, Do No Harm: Response To “If You Prick Me”, Patricia A. Broussard
Journal Publications
Brianna Lennon makes several cogent and persuasive arguments about Female Genital Mutilation (“FGM”) in her recently published Student Note entitled, If You Prick Me: The American Academy of Pediatrics’ Female Genital Cutting Policy Turnabout. She successfully articulates why she believes that by prohibiting FGM, opponents are in effect reinforcing it as a tie to the former culture or country. However, although Ms. Lennon makes some sound points, she overlooks and thereby, fails to answer the most obvious question which is, who owns a woman’s body? If one reaches the conclusion that a woman owns her body, then the logical extension …
The Reason Behind The Rules: From Description To Normativity In International Criminal Procedure, Noah Weisbord
The Reason Behind The Rules: From Description To Normativity In International Criminal Procedure, Noah Weisbord
Faculty Publications
As the International Criminal Court (ICC) continues to mature in its practices, it provokes discussion on whether the comfortable framework of adversarial and inquisitorial systems should be used to evaluate an institution that exists in a fundamentally different context from that of national criminal justice systems. In order to avoid entangling the ICC in rules that are not tailored to fit its specific goals and institutional context, the normative purposes underlying procedural rules derived from domestic institutions should be reexamined.
This article draws out basic principles that may be of use in reexamining the reasoning behind the rules of procedure …
When Foreigners Infringe Patents: An Empirical Look At The Involvement Of Foreign Defendants In Patent Litigation In The U.S., Marketa Trimble
When Foreigners Infringe Patents: An Empirical Look At The Involvement Of Foreign Defendants In Patent Litigation In The U.S., Marketa Trimble
Scholarly Works
This paper presents results from a multiple-year project concerned with the involvement of foreign (non-U.S.) entities in U.S. patent litigation. A comparison of data from 2004 and 2009 that cover 5,407 patent cases filed in U.S. federal district courts in those two years evidences an increase in the number of cases involving foreign defendants, and thus an increasing potential for cross-border enforcement problems. With this basic finding the research supports the proposition advanced by a number of intellectual property scholars in the U.S. and abroad that rules need to be established to facilitate a smooth process for recognition and enforcement …
Criminalizing Corporate Killing: The Irish Approach, Bruce Carolan
Criminalizing Corporate Killing: The Irish Approach, Bruce Carolan
Articles
The debate on criminal corporate liability in the United States might benefit from a comparative perspective: How have other countries treated the criminal liability of corporate entities? This benefit might be enhanced by focusing on a country with a similar legal heritage to the United States—a country with a common law legal system inherited from the British. And, it would help if that country were concurrently examining the issue of criminal corporate liability. Interesting questions might include: What issues dominate the debate? How are issues of punishment, reparations, and rehabilitation handled? Is a legislative approach contemplated? The purpose of this …
"Fact-Finding Without Facts": A Conversation With Nancy Combs, Nancy Amoury Combs
"Fact-Finding Without Facts": A Conversation With Nancy Combs, Nancy Amoury Combs
Faculty Publications
No abstract provided.
Criminal Reports: United States Of America V. Khadr, Steve Coughlan, Robert Currie
Criminal Reports: United States Of America V. Khadr, Steve Coughlan, Robert Currie
Articles, Book Chapters, & Popular Press
The United States of America sought the extradition of the applicant to face terrorism-related charges. The applicant had been taken into custody by the Pakistani Intelligence Agency, the ISI, and held in a secret detention centre for approximately fourteen months before he was released and repatriated to Canada. He had been interrogated by American FBI agents while in Pakistan and had given them a statement. He also gave a statement to CSIS following his return to Canada, and shortly after that gave a second statement to FBI officials. The applicant sought a stay of proceedings of the extradition hearing on …
Amicus Curiae Brief On The Practice Of Cumulative Charging Before International Criminal Bodies Submitted To The Appeals Chamber Of The Special Tribunal For Lebanon Pursuant To Rule 131 Of The Rules Of Procedure And Evidence, Susana Sacouto
Articles in Law Reviews & Other Academic Journals
On 7 February 2011, President of the Special Tribunal for Lebanon (STL), Antonio Cassese, issued a general invitation to, inter alia, nongovernmental organizations and academic institutions to submit briefs on specic issues related to the 15 preliminary questions addressed to the judges of the Appeals Chamber pursuant to Rule 68(G) of the Rules of Procedure and Evidence (RPE). On 11 February 2011, the War Crimes Research Oce (WCRO) of the American University Washington College of Law submitted an amicus curiae brief under Rule 131 of the RPE addressing the specific question of whether cumulative charging is an accepted practice before …
Book Review Of Intellectual Property And Human Development: Current Trends And Future Scenarios, Benjamin J. Keele
Book Review Of Intellectual Property And Human Development: Current Trends And Future Scenarios, Benjamin J. Keele
Library Staff Publications
No abstract provided.
Problems In Environmental Protection And Human Rights: A Human Right To The Environment, Dinah L. Shelton
Problems In Environmental Protection And Human Rights: A Human Right To The Environment, Dinah L. Shelton
GW Law Faculty Publications & Other Works
This "case study" was intended to be included in Anton & Shelton, Environmental Problems and Human Rights (Cambridge, 2011), but space limitations forced its omission from the printed text. The assertion of a human right to a healthy environment has persisted over the last 40 years. Here we examine the international guarantees and national guarantees that have developed. We also look at moves toward a Declaration on Human Rights and the Environment.
Partner Capture In Public International Organizations, Christopher G. Bradley
Partner Capture In Public International Organizations, Christopher G. Bradley
Law Faculty Scholarly Articles
A sharp rise of public-private partnerships is changing the way the United Nations and other public international organizations work. Organizations eagerly embrace wealthy, experienced partners, such as major foundations and corporations, in order to fund ambitious projects. But safeguards against potential problems have not kept pace with partnership activities. Looking to fundamental principles of public choice and political economy well-known in the U.S. administrative law context, this Article develops a multifaceted notion of “partner capture” to describe the dangers of this expansion in partnership activities for the U.N. and similar organizations. The dangers include agenda distortion, intra-organizational rivalries, reputational damage, …