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Full-Text Articles in Law

Jurisdiction In Nineteenth Century International Law And Its Meaning In The Citizenship Clause Of The Fourteenth Amendment, Robert E. Mensel Dec 2012

Jurisdiction In Nineteenth Century International Law And Its Meaning In The Citizenship Clause Of The Fourteenth Amendment, Robert E. Mensel

Saint Louis University Public Law Review

This article addresses the meaning of the citizenship clauses of the Civil Rights Act of 1866 and the Fourteenth Amendment by augmenting the historical record relevant to those clauses. It argues that the key to understanding their meaning lies in the nineteenth century concept of allegiance, the central concept in the international law of citizenship and subjecthood in the nineteenth century. International law, diplomatic history, and international conflict centered around that concept, reveal complexities not fully explored in the previous scholarly literature on the citizenship clauses. Conflicting national claims to the allegiance of subjects and citizens and to the duties …


Immigration Policy From Scratch: The Universal And The Unique, Stephen H. Legomsky Dec 2012

Immigration Policy From Scratch: The Universal And The Unique, Stephen H. Legomsky

William & Mary Bill of Rights Journal

No abstract provided.


The Eec Merger Regulation: Preparing For A Common European Market, Earl Ray Beeman Nov 2012

The Eec Merger Regulation: Preparing For A Common European Market, Earl Ray Beeman

Pepperdine Law Review

No abstract provided.


United States V. Alvarez-Machain: Kidnapping In The "War On Drugs" - A Matter Of Executive Discretion Or Lawlessness?, Michael G. Mckinnon Nov 2012

United States V. Alvarez-Machain: Kidnapping In The "War On Drugs" - A Matter Of Executive Discretion Or Lawlessness?, Michael G. Mckinnon

Pepperdine Law Review

No abstract provided.


A Clarification Of The Constitution's Application Abroad: Making The "Impracticable And Anomalous" Standard More Practicable And Less Anomalous, Jesse Merriam Nov 2012

A Clarification Of The Constitution's Application Abroad: Making The "Impracticable And Anomalous" Standard More Practicable And Less Anomalous, Jesse Merriam

William & Mary Bill of Rights Journal

No abstract provided.


Information Wants To Be Free (Of Sanctions): Why The President Cannot Prohibit Foreign Access To Social Media Under U.S. Export Regulations, Jarred O. Taylor Iii Nov 2012

Information Wants To Be Free (Of Sanctions): Why The President Cannot Prohibit Foreign Access To Social Media Under U.S. Export Regulations, Jarred O. Taylor Iii

William & Mary Law Review

No abstract provided.


Beyond Morrison: The Effect Of The "Presumption Against Extraterritoriality" And The Transactional Test On Foreign Tender Offers, Vladislava Soshkina Nov 2012

Beyond Morrison: The Effect Of The "Presumption Against Extraterritoriality" And The Transactional Test On Foreign Tender Offers, Vladislava Soshkina

William & Mary Law Review

No abstract provided.


Prospects For Satisfactory Dispute Resolution Of Private Commercial Disputes Under The North American Free Trade Agreement, Jonathan I. Miller Nov 2012

Prospects For Satisfactory Dispute Resolution Of Private Commercial Disputes Under The North American Free Trade Agreement, Jonathan I. Miller

Pepperdine Law Review

No abstract provided.


Maritime Piracy: Changes In U.S. Law Needed To Combat This Critical National Security Concern, Daniel Pines Oct 2012

Maritime Piracy: Changes In U.S. Law Needed To Combat This Critical National Security Concern, Daniel Pines

Seattle University Law Review

Piracy threatens, and has taken, the lives of American crews and civilians. It poses an enormous economic threat, both in terms of ransom payments and impact on global commerce. It enhances political instability in significant regions of the world, such as the Horn of Africa and the Straits of Malacca. Most critically, though, maritime piracy offers an easy and tempting conduit for terrorism. Terrorists have already used maritime options to advance their cause in several dramatic attacks, including the hijacking of a cruise ship (and murder of a Jewish passenger), the ramming of a boat into a U.S. destroyer (killing …


Hugh Kindred And The Teaching Of International Law In Canada, Don Mcrae Oct 2012

Hugh Kindred And The Teaching Of International Law In Canada, Don Mcrae

Dalhousie Law Journal

The casebook, International Law, Chiefly as Interpreted and Applied in Canada under the general editorship of Hugh Kindred, which first appeared in 1987, was a milestone in the teaching of international law in Canada. It was an important teaching tool that made international law accessible to students. Seeing international law through the eyes of Canadian practice, Canadian materials and Canadian experience, the book was an introduction to the fundamentals of the field and to the developments and debates of contemporary international law Engaging on the editorial board Canadian academics from different law schools, Hugh Kindred has been able to provide …


Juda V. United States: An Atoll's Legal Odyssey, James J. Whittle Apr 2012

Juda V. United States: An Atoll's Legal Odyssey, James J. Whittle

American University International Law Review

No abstract provided.


The Soviet Psychiatric Assistance Statute Of 1988: An Uncertain Prognosis, Cynthia A. Lewis Apr 2012

The Soviet Psychiatric Assistance Statute Of 1988: An Uncertain Prognosis, Cynthia A. Lewis

American University International Law Review

No abstract provided.


The Effect Of The United States-Japan Treaty Of Friendship, Commerce And Navigation On Japanese Investment In United States Real Estate, Gita Khadiri Apr 2012

The Effect Of The United States-Japan Treaty Of Friendship, Commerce And Navigation On Japanese Investment In United States Real Estate, Gita Khadiri

American University International Law Review

No abstract provided.


Hypothetical Calculations Under The United States Antidumping Duty Law: Foreign Market Value, United States Price, And Weighted-Average Dumping Margins, Michael J. Coursey, David L. Binder Apr 2012

Hypothetical Calculations Under The United States Antidumping Duty Law: Foreign Market Value, United States Price, And Weighted-Average Dumping Margins, Michael J. Coursey, David L. Binder

American University International Law Review

No abstract provided.


The Injustice Of The Marital Rape Exemption: A Survey Of Common Law Countries, Sonya A. Adamo Apr 2012

The Injustice Of The Marital Rape Exemption: A Survey Of Common Law Countries, Sonya A. Adamo

American University International Law Review

No abstract provided.


A Perspective On The Debt Crisis, Jerome I. Levinson Apr 2012

A Perspective On The Debt Crisis, Jerome I. Levinson

American University International Law Review

No abstract provided.


Aimed At Protecting Ethnic Groups Or Women? A Look At Forced Pregnancy Under The Rome Statute, Alyson M. Drake Apr 2012

Aimed At Protecting Ethnic Groups Or Women? A Look At Forced Pregnancy Under The Rome Statute, Alyson M. Drake

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


The Politics Of The Empowerment Of Women: Mapping Enabling Environments Within Narratives Of Femininity And Power, Jinn Winn Chong Apr 2012

The Politics Of The Empowerment Of Women: Mapping Enabling Environments Within Narratives Of Femininity And Power, Jinn Winn Chong

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Neuroscience In The Courtroom: An International Concern, Dominique J. Church Apr 2012

Neuroscience In The Courtroom: An International Concern, Dominique J. Church

William & Mary Law Review

No abstract provided.


What The United States Taught The Commonwealth About Pure Economic Loss: Time To Repay The Favor, Bruce Feldthusen Jan 2012

What The United States Taught The Commonwealth About Pure Economic Loss: Time To Repay The Favor, Bruce Feldthusen

Pepperdine Law Review

No abstract provided.


International Tobacco Litigation's Evolution As A United States Torts Law Export: To Canada And Beyond?, Richard L. Cupp Jr. Jan 2012

International Tobacco Litigation's Evolution As A United States Torts Law Export: To Canada And Beyond?, Richard L. Cupp Jr.

Pepperdine Law Review

In the late 1990’s, the states’ healthcare reimbursement lawsuits against the tobacco industry were settled for approximately $246 billion. In the wake of this enormous settlement, many similar lawsuits were initiated in other nations or by other nations. Most of these early healthcare reimbursement lawsuits failed. However, in 2005, the World Health Organization Framework Convention on Tobacco Control was finalized by over 150 nations, and today has been ratified by 168 nations. The Framework encourages nations to consider tort litigation against tobacco sellers as a way to limit tobacco usage. Canada’s provinces have been particularly aggressive in seeking to use …