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2018

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Articles 1 - 30 of 6453

Full-Text Articles in Law

Accessing Accountability: Exploring Criminal Prosecution Of Male Guards For Sexually Assaulting Female Inmates In U.S. Prisons, Elana M. Stern Dec 2018

Accessing Accountability: Exploring Criminal Prosecution Of Male Guards For Sexually Assaulting Female Inmates In U.S. Prisons, Elana M. Stern

University of Pennsylvania Law Review

No abstract provided.


Byu Law School Faculty Listing Dec 2018

Byu Law School Faculty Listing

BYU Law Review

No abstract provided.


Masthead Dec 2018

Masthead

Journal of Digital Forensics, Security and Law

No abstract provided.


The Inaugural Brooklyn Lecture On International Business Law: “Isds: The Wild, Wild West Of International Practice”, George Kahale Iii Dec 2018

The Inaugural Brooklyn Lecture On International Business Law: “Isds: The Wild, Wild West Of International Practice”, George Kahale Iii

Brooklyn Journal of International Law

The lecture was delivered on April 3, 2018 at Brooklyn Law School and was sponsored by the Dennis J. Block Center for the Study of International Business Law and the Brooklyn Journal of International Law.


Rethinking Isds, George Kahale Iii Dec 2018

Rethinking Isds, George Kahale Iii

Brooklyn Journal of International Law

The author is Chairman of Curtis, Mallet-Prevost, Colt & Mosle LLP and has acted as lead counsel for respondent states in many investor-state arbitrations, including several of the cases referred to herein. His article won the 2019 Burton Award for Distinguished Legal Writing.


Moving From Management To Termination: A Case Study Of Prolonged Occupation, David Hughes Dec 2018

Moving From Management To Termination: A Case Study Of Prolonged Occupation, David Hughes

Brooklyn Journal of International Law

In 2017, the Israeli occupation of the Palestinian territories reached a half-century in duration. This reignited a conversation amongst legal scholars. In articles and books, lawyers questioned the efficacy of occupation law. They asked whether it had become an anachronism. Across Israel and the Palestinian territories, those that directly invoke the law of occupation sought a more effective means of adapting the law to meet the exigencies of a fifty-year-old occupation. The accompanying debates recalled questions concerning the legal treatment of prolonged occupation. This article seeks to fundamentally alter the recurring discourse. Built around a detailed case study of Israel ...


Chancing The Arm To Save The Face: The Fight For Irish Gaelic Recognition And Ending The Stormont Deadlock, Samantha F. Sigelakis-Minski Dec 2018

Chancing The Arm To Save The Face: The Fight For Irish Gaelic Recognition And Ending The Stormont Deadlock, Samantha F. Sigelakis-Minski

Brooklyn Journal of International Law

Since January 2017, the Northern Irish government has been shut down, with both the Executive and Assembly collapsed and the two major political coalitions deadlocked. Since then, civil servants with no major decision-making power have largely run the government. One of the deadlock’s major battlegrounds is whether there should be legislation in Northern Ireland mandating that Gaeilge, or Irish Gaelic, be treated as a language of equal status to that of English. This Note explores this issue and argues that the right to equal language protections is founded in the right to one’s cultural identity, and as such ...


The Price Is Rights: Getting The United Arab Emirates Up To International Speed In The Labor Law Department, Janae C. Cummings Dec 2018

The Price Is Rights: Getting The United Arab Emirates Up To International Speed In The Labor Law Department, Janae C. Cummings

Brooklyn Journal of International Law

Despite a rapidly growing economy and a tremendous accumulation of wealth, the United Arab Emirates has facilitated many human rights abuses against migrant workers from impoverished countries throughout the world. The UAE’s system of recruitment, payment and living conditions put already vulnerable populations in considerably worse economic conditions by exploiting their labor and creating significant barriers to challenging the unjust employment system. After being sold on the idea that migrating to the UAE would bring a semblance of economic advancement, many migrants find themselves in inhumane working conditions and debt from having to pay excessive amounts of money to ...


Analyzing The Potential For Universal Disarmament Of Autonomous Weapons Systems Or How I Learned To Stop Working And Love The Killer Robot, Frank Nicholas Kelly Dec 2018

Analyzing The Potential For Universal Disarmament Of Autonomous Weapons Systems Or How I Learned To Stop Working And Love The Killer Robot, Frank Nicholas Kelly

Brooklyn Journal of International Law

Lethal autonomous weapons systems (LAWS) have recently become the subject of debate among scholars, world leaders, nongovernmental organizations (NGOs), and the popular media. While the dangers of autonomous robotics have existed for decades in science fiction, technology has only recently made the implementation of robots capable of military combat a real possibility. With the advent of this technology, many government leaders, politicians, scientists, and business leaders are advancing the argument that just because autonomous weapons can exist does not mean they should. Some countries, however, have demonstrated a strong interest in the continued developing LAWS, making universal disarmament unlikely. This ...


Pursuing A Universal Threshold For Regulating Incitement To Discrimination, Hostility Or Violence, Rebecca Meyer Dec 2018

Pursuing A Universal Threshold For Regulating Incitement To Discrimination, Hostility Or Violence, Rebecca Meyer

Brooklyn Journal of International Law

The International Covenant on Civil and Political Rights (ICCPR) recognizes that although the right to freedom of expression is essential, it is not absolute. The ICCPR prohibits speech that incites to discrimination, hostility, or violence. The provision prohibiting such speech is important to protect individuals and communities. Yet, not all countries are adequately enforcing its mandate. Such countries are letting inciting speech spread and, in some instances, violence has ensued. Conversely, some countries are taking enforcement too far, using the criminalization of inciting speech as a tool to silence political dissent. In light of the divergent interpretations—each problematic in ...


From Discretion To Law: Rights-Based Concerns And The Evolution Of International Sanctions, Christopher Roberts Dec 2018

From Discretion To Law: Rights-Based Concerns And The Evolution Of International Sanctions, Christopher Roberts

Brooklyn Journal of International Law

This Article considers the manner in which rights-based concerns have increasingly impacted upon the nature of international sanctions regimes. First, this Article considers two better-known instances of this impact—the manner in which general sanctions became more targeted, and the manner in which due process concerns came to receive greater respect in the context of targeting decisions. Following these investigations, this Article turns to explore a third, under-recognized development—the gradual evolution of a sense that sanctions may be required in certain instances. It explores this development by highlighting the growing scope of understandings of responsibility within various bodies of ...


Con Stitution - Th E G U A R A N Tee Of Th E Pro Tectio N Of Human Rights, F Raximov Dec 2018

Con Stitution - Th E G U A R A N Tee Of Th E Pro Tectio N Of Human Rights, F Raximov

ProAcademy

This article emphasizes that along with the fact that the Constitution of the Republic of Uzbekistan is the legal basis for the main tasks of ensuring independence, peace and stability in the country, the issue of protecting the rights and freedoms of citizens has become its substance. Laws, which have been adopted in accordance with the Basic Law, primarily aimed at improving the protection of the interests of individuals and citizens, as well as its guarantees. In addition, the latest reforms in the judicial and legal system as well as the issues of their implementation in law enforcement practice have ...


General Description, Causes And Prevention Of Corruption Crimes, Q Abdurasulova Dec 2018

General Description, Causes And Prevention Of Corruption Crimes, Q Abdurasulova

ProAcademy

The article describes the concept of corruption, a general description of corruption o ffen sesa n d the reasons for the crime and its prevention.


Some Opinions On The Subjective Signs Of Complicity In A Crime, A Otajonov Dec 2018

Some Opinions On The Subjective Signs Of Complicity In A Crime, A Otajonov

ProAcademy

The article studies scientific-practical analysis of conditions connected with subjective sides of the criminal complicity institute and proposals aimed at uniform application of law norms in law-enforcement practice are developed.


The Issues Of Implementation Into The Legislation Of The Republic Of Uzbekistan Certain Provisions Of Article 53 Of The Un Convention Against Corruption, U Nigmadjanov Dec 2018

The Issues Of Implementation Into The Legislation Of The Republic Of Uzbekistan Certain Provisions Of Article 53 Of The Un Convention Against Corruption, U Nigmadjanov

ProAcademy

This article addresses the issue of implementation to the legislation of the Republic of Uzbekistan certain provisions of Article 53 of the UN Convention against Corruption on criminal assets recovery in terms of permitting foreign state to initiate civil suits in the courts of the member states to establish ownership of property acquired through corruption offenses. The author analyzed the existing mechanism for filing civil claims for recognition of ownership of assets by foreign states in the courts of the Republic of Uzbekistan, as well as solving civil suit within criminal proceedings.


Legal Content And Frameworks Of Application Of The Privileges And Immunities Of The Representative Offices Of International Organizations In Member States, Sh Raxmanov Dec 2018

Legal Content And Frameworks Of Application Of The Privileges And Immunities Of The Representative Offices Of International Organizations In Member States, Sh Raxmanov

ProAcademy

This article examines the legal content and frameworks of the application of the privileges and immunities of the representative offices of international organizations in member states. It contains a detailed analysis and deliberation of the legal basis of privileges and immunities of representative offices of international organizations in Member States. The article tries to clarify and highlight the most pressing issues concerning the application of privileges and immunities of representations of international organizations, and propose some practical solutions to those issues.


C O N Stitu Tio N - T H E G U A R A N T E E Of T H E P R O T Ec T Io N Of H U M An R Ig H T S, Sh Qulmatov Dec 2018

C O N Stitu Tio N - T H E G U A R A N T E E Of T H E P R O T Ec T Io N Of H U M An R Ig H T S, Sh Qulmatov

ProAcademy

This article emphasizes that along with the fact that the Constitution of the Republic of Uzbekistan is the legal basis for the main tasks of ensuring independence, peace and stability in the country, the issue of protecting the rights and freedoms of citizens has become its substance. Laws, which have been adopted in accordance with the Basic Law, primarily aimed at improving the protection of the interests of individuals and citizens, as well as its guarantees. In addition, the latest reforms in the judicial and legal system as well as the issues of their implementation in law enforcement practice have ...


Approaches Of The Republic Of Uzbekistan To Combating Extremism Among The Youth, Sh Ruziev Dec 2018

Approaches Of The Republic Of Uzbekistan To Combating Extremism Among The Youth, Sh Ruziev

ProAcademy

In contemporary conflict ridden world the struggle against extremism within youth environment has become increasingly more multifaceted, preventive and unconditionally obligatory in the context of state youth policy implementation. The task of early prevention of the likelihood of adolescents and young people of Uzbekistan falling under the Influence of violent ideology !s carried out by Joint efforts of state and public organizations with the active involvement of the general public and, especially, its most active layer — the youth themselves. Such a comprehensive and integrated policy, which has its own internal and international aspects, represents a unique experience that has become ...


Combating Terrorism As A Condition Of Preserving The Political Stability Of A Democratic Society, R Tlavberdiev Dec 2018

Combating Terrorism As A Condition Of Preserving The Political Stability Of A Democratic Society, R Tlavberdiev

ProAcademy

This article addresses the challenges of ensuring the protection of children involved in violent extremism and terrorism through the recruitment and exploitation of minors by extremist and terrorist groups. Based on the analysis conducted' the author proposes to continue the implementation of international standards for juvenile justice in Uzbekistan and to strengthen the role of international organizations in ensuring the protection of the rights and interests of children.


Feature Of Conclusion Of The Letter Of Credit Agreement In Business Activity, A Hidoyatullaev Dec 2018

Feature Of Conclusion Of The Letter Of Credit Agreement In Business Activity, A Hidoyatullaev

ProAcademy

In this article•, the issues of entering into letter of credit agreement by business entities in business activities have been discussed.


Strengthening The Procedural Status Of Persons Contributing To The Administration Of Justice In The New Civil Procedure Code, M Dustqoriev Dec 2018

Strengthening The Procedural Status Of Persons Contributing To The Administration Of Justice In The New Civil Procedure Code, M Dustqoriev

ProAcademy

This article highlights the issues and opinions concerning the definition of the group and the procedural status of the persons contributing to the administration of Justice as one of the participants of the civil process in the new edition of the Civil Procedure Code, as well as national and foreign expertise in this sphere.


The Role Of E Ecutive Proceedings In The Legal System Of The Republic Of Uzbekistan Analysis And Discussion, A Hamidov Dec 2018

The Role Of E Ecutive Proceedings In The Legal System Of The Republic Of Uzbekistan Analysis And Discussion, A Hamidov

ProAcademy

The article outlines a brief review of the executive proceedings in the Republic of Uzbekistan and its role in the legal systemi, suggesting the codification of all relevant legislation and the implementation of the executive proceedings as a separate independent branch of law.


General Description Of Crimes Related To Obstruction, Unlawful Interference In Business Activity, M Kurbanov Dec 2018

General Description Of Crimes Related To Obstruction, Unlawful Interference In Business Activity, M Kurbanov

ProAcademy

In this article the author conducted an analysis general characteristics of crimes related to obstruction, unlawful interference in business activities.


Some Issues Of Ualification Of Crimes Committed Under Motive Of Revenge, U Zakirova Dec 2018

Some Issues Of Ualification Of Crimes Committed Under Motive Of Revenge, U Zakirova

ProAcademy

This article covers the concept of the motive of revenge for a crime, its essence, as well as its influence on the qualification of a crime, including theoretical and practical problems of the motives of revenge for a crime, which are specified in the Criminal Code of the Republic of Uzbekistan, in addition, proposals and recommendations for further improvement of criminal legislation of Republic of Uzbekistan.


Theoretical Aspects Of Facultative Signs Of The Objective Side Of Crime And Their Legal Significance, F Xudaykulov Dec 2018

Theoretical Aspects Of Facultative Signs Of The Objective Side Of Crime And Their Legal Significance, F Xudaykulov

ProAcademy

This article illustrates the theoretical aspects of facultative signs of the objective side of the crime and their legal significances, including the theoretical and practical problems of facultative signs of the objective side of the crime, which are specified in the Criminal Code of the Republic of Uzbekistan. In addition, proposals and recommendations are given for further Improvement of the criminal legislation of the Republic of Uzbekistan.


Major Privileges And Shortcomings Of Cryptocurrency In The Republic Of Uzbekistan, A Davronov Dec 2018

Major Privileges And Shortcomings Of Cryptocurrency In The Republic Of Uzbekistan, A Davronov

ProAcademy

This article explores the use of crypto assets in criminal activities, also analyzes the law on digital economy


Against Aviation Orthodoxy: India's Foreign Investment Regime For The Airline Industry, Jae Woon Lee, Umakanth Varottil Dec 2018

Against Aviation Orthodoxy: India's Foreign Investment Regime For The Airline Industry, Jae Woon Lee, Umakanth Varottil

Brooklyn Journal of International Law

The foreign investment regime governing the airline industry has been the subject matter of considerable debate. Our goal in this article is to supplement the literature by embarking on an analysis of the foreign investment regime in India and to cautiously suggest that India’s new regulatory reforms could be a harbinger for other states. A study of the foreign investment regime in the airline industry in India is both interesting and timely, for at least two reasons. First, India has nearly everything that bodes well for the growth of an aviation market, and it is one of the fastest ...


Armenia And Azerbaijan's Struggle With Occupation In Nagorno-Karabakh, Carolyn Morway Dec 2018

Armenia And Azerbaijan's Struggle With Occupation In Nagorno-Karabakh, Carolyn Morway

Brooklyn Journal of International Law

The corrupt occupation of Nagorno-Karabakh and its surrounding areas has resulted in displaced civilians, chaotic military violence, poor judicial law-making, and hostile international relations. Analyzing the international law of occupation’s purposes and its humanitarian requirements illustrates that there is a need for change. Set against the backdrop of Nagorno-Karabakh’s precarious situation, the international community should take this opportunity to reformulate the international law of occupation with sovereignty and humanitarian principles guiding the change. The effort could prevent another such “frozen conflict.”


Table Of Contents Dec 2018

Table Of Contents

BYU Law Review

No abstract provided.


Courts As Information Intermediaries: A Case Study Of Sovereign Debt Disputes, Sadie Blanchard Dec 2018

Courts As Information Intermediaries: A Case Study Of Sovereign Debt Disputes, Sadie Blanchard

BYU Law Review

When foreign sovereigns default on their debt, creditors sometimes sue them. These creditors are sophisticated actors, and they know that if they sue, courts can do little to force a sovereign to satisfy a judgment. Why do they sue? This Article argues that these creditors sue because they use litigation to produce information about the debtor state or its government that induces third parties to sanction or refuse to deal with the state or the government. The ability to produce such information strengthens the litigating creditors’ bargaining position in settlement negotiations. Courts thus serve as information intermediaries that strengthen reputational ...