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Articles 1 - 4 of 4
Full-Text Articles in Law
Judicial Disqualification: An Analysis Of Federal Law, Third Edition, Charles G. Geyh
Judicial Disqualification: An Analysis Of Federal Law, Third Edition, Charles G. Geyh
Books & Book Chapters by Maurer Faculty
Judicial Disqualification: An Analysis of Federal Law outlines the statutory framework of federal judicial disqualification law under statutes 28 U.S.C. §§ 455, 144, 47, and 2106. The monograph revises and expands on the previous editions, and analyzes the case law, with a focus both on substantive disqualification standards and procedural requirements.
Cyber Law And Espionage Law As Communicating Vessels, Asaf Lubin
Cyber Law And Espionage Law As Communicating Vessels, Asaf Lubin
Books & Book Chapters by Maurer Faculty
Professor Lubin's contribution is "Cyber Law and Espionage Law as Communicating Vessels," pp. 203-225.
Existing legal literature would have us assume that espionage operations and “below-the-threshold” cyber operations are doctrinally distinct. Whereas one is subject to the scant, amorphous, and under-developed legal framework of espionage law, the other is subject to an emerging, ever-evolving body of legal rules, known cumulatively as cyber law. This dichotomy, however, is erroneous and misleading. In practice, espionage and cyber law function as communicating vessels, and so are better conceived as two elements of a complex system, Information Warfare (IW). This paper therefore first draws …
The Story Of The Dubai International Financial Centre Courts: A Retrospective, Jayanth K. Krishnan
The Story Of The Dubai International Financial Centre Courts: A Retrospective, Jayanth K. Krishnan
Books & Book Chapters by Maurer Faculty
Can Western-based, English-speaking, common law commercial courts operate successfully in an environment that are not their own—such as in the Middle East? This question is not a simple thought experiment but rather the reality that has occurred since the mid-2000s in the Emirate of Dubai. This monograph recounts the history of how the ‘Dubai International Financial Centre Courts’ emerged. Drawing on extensive interviews with key stakeholders involved in the process, along with rich original documents as well as all of the Courts’ judgments, this narrative offers important lessons for those seeking to understand more fully the complex interplay of how …
Politics, Power Dynamics, And The Limits Of Existing Self-Regulation And Oversight In Icc Preliminary Examinations, Asaf Lubin
Books & Book Chapters by Maurer Faculty
Professor Lubin's contribution to volume 2 is titled, "Politics, Power Dynamics, and the Limits of Existing Self-Regulation and Oversight in ICC Preliminary Examinations," pp. 77-150.
Should the normative framework that governs the International Criminal Court’s (‘ICC’) oversight concerning preliminary examinations undergo a reform? The following chapter answers this question in the affirmative, making the claim that both self-regulation by the Office of the Prosecutor (‘OTP’) and quality control by the Pre-Trial Chamber (‘PTC’) currently suffer from significant deficiencies, thus failing to reach the optimum point on the scale between absolute prosecutorial discretion and absolute control. The chapter demonstrates some of …