Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (101)
- Human Rights Law (23)
- International Trade Law (12)
- Social and Behavioral Sciences (10)
- Criminal Law (9)
-
- Law and Society (9)
- Comparative and Foreign Law (8)
- Environmental Law (8)
- Constitutional Law (7)
- Law and Economics (7)
- Administrative Law (5)
- Intellectual Property Law (5)
- Law and Politics (5)
- Arts and Humanities (4)
- Antitrust and Trade Regulation (3)
- Business Organizations Law (3)
- Civil Rights and Discrimination (3)
- Contracts (3)
- Family Law (3)
- International Relations (3)
- International and Area Studies (3)
- Law and Gender (3)
- Legal History (3)
- Legislation (3)
- Litigation (3)
- Military, War, and Peace (3)
- Natural Resources Law (3)
- Political Science (3)
- Property Law and Real Estate (3)
- Institution
-
- SelectedWorks (140)
- Selected Works (91)
- American University Washington College of Law (30)
- William & Mary Law School (7)
- Chicago-Kent College of Law (4)
-
- Northwestern Pritzker School of Law (2)
- Case Western Reserve University School of Law (1)
- Charleston 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)
- Howard University (1)
- Kennesaw State University (1)
- Maurer School of Law: Indiana University (1)
- Schulich School of Law, Dalhousie University (1)
- Seattle University School of Law (1)
- Technological University Dublin (1)
- U.S. Naval War College (1)
- University of Kentucky (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Michigan Law School (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
-
- American University International Law Review (27)
- Maxwell O. Chibundu (9)
- David D. Caron (6)
- Winston P Nagan (6)
- David A. Wirth (5)
-
- Rosemary Rayfuse (5)
- All Faculty Scholarship (4)
- Faculty Publications (4)
- Frank J. Garcia (4)
- Luis Roberto Barroso Professor (4)
- Michael P. Van Alstine (4)
- Anastasia M Telesetsky (3)
- Gary B Born (3)
- Michael Epstein (3)
- Michael Fakhri (3)
- Michael K Marriott (3)
- Todd Heine (3)
- Bernadette Atuahene (2)
- David Pimentel (2)
- David Sloss (2)
- Faculty Working Papers (2)
- Geoffrey S. Corn (2)
- Horatia Muir-Watt (2)
- Human Rights Brief (2)
- John C Yoo (2)
- Juan Lapenne (2)
- Juscelino F. Colares (2)
- Leonid G. Berlyavskiy (2)
- Ligia M. De Jesus (2)
- Matthew A Smith (2)
- Publication Type
Articles 1 - 30 of 293
Full-Text Articles in Law
The Holocaust And Mass Atrocity: The Continuing Challenge For Decision, Winston Nagan, Aitza Haddad
The Holocaust And Mass Atrocity: The Continuing Challenge For Decision, Winston Nagan, Aitza Haddad
Winston P Nagan
This article begins with an appraisal of a report published by the United States Institute for Peace and authored by the former Secretary of State, Albright, and former Secretary of Defense, Cohen. This Report generated a great deal of interest and reaction from scholars across the globe. The article will introduce the broad outline of this Report and provide a summary of the principal criticisms that it has generated. This sets the stage for approaching the problem that is sensitive to the issue that this phenomenon be explore with a view to developing usable insights and data as well as …
Can You Provide Evidence Of Insufficient Evidence? The Precautionary Principle At The Wto, Elisa Vecchione
Can You Provide Evidence Of Insufficient Evidence? The Precautionary Principle At The Wto, Elisa Vecchione
Elisa Vecchione
This paper aims to demonstrate that the WTO jurisprudence on science-related trade disputes has become entangled with a specific vision of science that has prevented any possible application of the precautionary principle. This situation is due to reasons of both legal procedures specific to the WTO dispute settlement system and the substantive nature of precautionary measures. Indeed, their foundation on “insufficient scientific evidence” dramatically complicates the question of the probative value of science for the purpose of legal adjudication and creates a seemingly contradictory situation, of which the Panel on the EC-Biotech case confirmed to be a victim: that of …
Blatant Bribery Or Locally Lawful?: Is The Foreign Corrupt Practices Act’S “Local Laws” Defense Extinct?, Erik J. King
Blatant Bribery Or Locally Lawful?: Is The Foreign Corrupt Practices Act’S “Local Laws” Defense Extinct?, Erik J. King
Erik J King
Under the Foreign Corrupt Practices Act (FCPA), it is an affirmative defense if the payments in question were lawful under the written laws of a foreign country. This defense has been largely overlooked by commentators and used sparingly in the court system. This Note examines the utility of this defense, and finds that although the concept underlying the defense remains somewhat alive in certain types of foreign laws that could conceivably excuse a foreign investor, the defense has lost all practical value. U.S. judicial interpretations, multilateral efforts against similar exceptions in other anti-bribery laws, and the subsuming effect of other …
The Holocaust And Mass Atrocity: The Continuing Challenge For Decision, Winston P. Nagan, Aitza M. Haddad
The Holocaust And Mass Atrocity: The Continuing Challenge For Decision, Winston P. Nagan, Aitza M. Haddad
Winston P Nagan
This article begins with an appraisal of a report published by the United States Institute for Peace and authored by the former Secretary of State, Albright, and former Secretary of Defense, Cohen. This Report generated a great deal of interest and reaction from scholars across the globe. The article will introduce the broad outline of this Report and provide a summary of the principal criticisms that it has generated. This sets the stage for approaching the problem that is sensitive to the issue that this phenomenon be explore with a view to developing usable insights and data as well as …
Cloud Computing Providers And Data Security Law: Building Trust With United States Companies, Jared A. Harshbarger Esq.
Cloud Computing Providers And Data Security Law: Building Trust With United States Companies, Jared A. Harshbarger Esq.
Jared A. Harshbarger
Cloud computing and software-as-a-service (SaaS) models are revolutionizing the information technology industry. As these services become more prevalent, data security and privacy concerns will also rise among consumers and the companies who consider using them. Cloud computing providers must establish a sufficient level of trust with their potential customers in order to ease initial fears - and ensure certain compliance obligations will be met - at least to the extent that any such inquiring customer will feel comfortable enough to ultimately take the irreversible step of releasing their sensitive data and personal information into the cloud.
Imperial Ignition: Ecological Debt, Greenhouse Development Rights And Climate Change, Jonathan Stribling
Imperial Ignition: Ecological Debt, Greenhouse Development Rights And Climate Change, Jonathan Stribling
Jonathan Stribling
This paper argues for legal principles to remedy the harm done to those least responsible for yet most affected by climate change. It examines approaches to developing the concepts of ecological and climate debt in U.S. law. This paper argues for the importance of understanding ecological debt and particularly “climate debt” in order to sustainably remedy climate change. The paper also argues that the principles of capacity and responsibility, which are the basis of the Greenhouse Development Rights (GDR) framework, are critical to remedying climate debt and should be included in global climate negotiations and U.S. environmental law.
Why Comply? An Analysis Of Trends In Compliance With Judgments Of The International Court Of Justice Since Nicaragua., Heather L. Jones
Why Comply? An Analysis Of Trends In Compliance With Judgments Of The International Court Of Justice Since Nicaragua., Heather L. Jones
Heather L Jones
Decisions of the International Court of Justice have been met with substantial compliance in the modern era. Direct, defiant noncompliance -- where a state deliberately and ceaselessly rejects a decision of the Court and refuses to implement its judgment -- has not occurred in any case. In cases where noncompliancy has been present, the noncompliant behavior has been only initial or slight.
Pressure from the international community and the presence of international organizations raise the reputation costs associated with noncompliance thereby minimizing the risk of disobedience with judgments. Defiant noncompliance occurs where a judgment is in discord with a state’s …
Book Review: Great Powers And Outlaw States: Unequal Sovereigns In The International Legal Order, Maxwell O. Chibundu
Book Review: Great Powers And Outlaw States: Unequal Sovereigns In The International Legal Order, Maxwell O. Chibundu
Maxwell O. Chibundu
No abstract provided.
Book Review: Minorities' Claims: From Autonomy To Secession, International Law And State Practice, Maxwell O. Chibundu
Book Review: Minorities' Claims: From Autonomy To Secession, International Law And State Practice, Maxwell O. Chibundu
Maxwell O. Chibundu
No abstract provided.
Update On The New Iraqi Commission For Public Integrity And Audit Board Laws, Faris K. Nesheiwat
Update On The New Iraqi Commission For Public Integrity And Audit Board Laws, Faris K. Nesheiwat
Ferris K Nesheiwat
No abstract provided.
The Transatlantic Gmo Dispute Against The European Communities: Some Preliminary Thoughts, David A. Wirth
The Transatlantic Gmo Dispute Against The European Communities: Some Preliminary Thoughts, David A. Wirth
David A. Wirth
Any day now, a World Trade Organization panel is expected to rule in a dispute between the U.S. and the EU concerning market access for genetically-engineered foods and crops. This piece, written before the release of the WTO panel's report, analyzes novel systemic issues concerning the impact of WTO law on regulatory design, at both the national and international levels, that are raised by this dispute. These include (1) the application of WTO disciplines to regulatory schemes that require prior governmental approval to protect the environment and public health from newly-introduced products and substances; (2) the role of precaution as …
The Uneasy Interface Between Domestic And International Environmental Law, David A. Wirth
The Uneasy Interface Between Domestic And International Environmental Law, David A. Wirth
David A. Wirth
No abstract provided.
Legitimacy, Accountability, And Partnership: A Model For Advocacy On Third World Environmental Issues, David A. Wirth
Legitimacy, Accountability, And Partnership: A Model For Advocacy On Third World Environmental Issues, David A. Wirth
David A. Wirth
To date, there has been little effort to define the characteristics of responsible environmental reform efforts by private citizens and organizations in the United States on foreign environmental problems, such as the quality of foreign aid. Moreover, there have been virtually no attempts to identify a principled role for American lawyers in Third World environmental issues. This Essay will respond to these lacunae by articulating a new approach to advocacy based on a partnership model. In Part I, this Essay identifies the need for American public interest advocates to establish partnerships with directly affected groups on Third World environmental issues. …
Hazardous Substances And Activities, David A. Wirth
Hazardous Substances And Activities, David A. Wirth
David A. Wirth
This piece analyzes and critically evaluates the enormous number and variety of international instruments addressing the regulation of hazardous substances and activities, from consumer products to nuclear power plants. International authorities are categorized according to regulatory theory, ranging from hazard identification and testing to disposal. Other regulatory approaches include limitations on pollutant releases, prevention of and response to industrial accidents, and international trade in toxic chemicals and waste. Multilateral norms originating from global and regional institutions, UN specialized agencies, and non-UN organizations are analyzed. The piece addresses both "hard" (binding or conventional) and "soft" (nonbinding) instruments, correlating legal form with …
The President, The Environment, And Foreign Policy: The Globalization Of Environmental Politics, David A. Wirth
The President, The Environment, And Foreign Policy: The Globalization Of Environmental Politics, David A. Wirth
David A. Wirth
By comparison with domestic environmental issues, international environmental diplomacy is distinguished by the far greater role of the Executive Branch, and in particular the President, in making law. This essay explores the legal consequences of the President's dual role in international environmental diplomacy: his duty faithfully to execute statutory mandates adopted by Congress while also serving as the Nation's chief diplomat and negotiator of international agreements with foreign powers. The piece discusses the legal and policy dynamics surrounding two concrete examples affecting domestic and international environmental policy, in which Presidential power assumes dramatically different forms: (1) climate change, and in …
Legal Lines In Shifting Sand: Immigration Law And Human Rights In The Wake Of September 11, Daniel Kanstroom
Legal Lines In Shifting Sand: Immigration Law And Human Rights In The Wake Of September 11, Daniel Kanstroom
Daniel Kanstroom
In March of 2004, a group of legal scholars gathered at Boston College Law School to examine the doctrinal implications of the events of September 11, 2001. They reconsidered the lines drawn between citizens and noncitizens, war and peace, the civil and criminal systems, as well as the U.S. territorial line. Participants responded to the proposition that certain entrenched historical matrices no longer adequately answer the complex questions raised in the “war on terror.” They examined the importance of government disclosure and the public’s right to know; the deportation system’s habeas corpus practices; racial profiling; the convergence of immigration and …
Private International Law As Global Governance: Beyond The Schize, From Closet To Planet, Horatia Muir-Watt
Private International Law As Global Governance: Beyond The Schize, From Closet To Planet, Horatia Muir-Watt
Horatia Muir-Watt
Despite the contemporary turn to law within the global governance debate, private international law remains remarkably silent before the increasingly unequal distribution of wealth and power in the world. By leaving such matters to its public international counterpart, it leaves largely untended the private causes of crisis and injustice affecting such areas as financial markets, levels of environmental pollution, the status of sovereign debt, the confiscation of natural resources, the use and misuse of development aid, the plight of migrating populations, and many more. This incapacity to rise to the private challenges of economic globalisation is all the more curious …
Globalization And Structure, Julian Ku, John Yoo
Globalization And Structure, Julian Ku, John Yoo
William & Mary Law Review
No abstract provided.
Partisan Conflicts Over Presidential Authority, Jide Nzelibe
Partisan Conflicts Over Presidential Authority, Jide Nzelibe
William & Mary Law Review
No abstract provided.
Impairment, Discrimination, And The Legal Construction Of Disability In The European Union And The United States, Vlad F. Perju
Impairment, Discrimination, And The Legal Construction Of Disability In The European Union And The United States, Vlad F. Perju
Vlad Perju
This Article is a comparative study of disability regulations in the European Union and the United States over the past four decades. It explores how a conception of the relationship between illness, impairment and discrimination became a source of transformative insights that led to new regulatory regimes for persons with disability but also hampered the judicial enforcement of these regimes in both jurisdictions. The main transformative insight is the shift in understanding the cause of disability from the individual’s medical condition to the larger social environment. The obstacle is the radical nature of this shift, and specifically its effect of …
Smoked Success? Social, Cultural, And Legal Changes In The United States, Japan, And France Have Led To A Decline In Tobacco Use. Yet, Teenagers Refuse To Budge!, Dalila V. Hoover
Smoked Success? Social, Cultural, And Legal Changes In The United States, Japan, And France Have Led To A Decline In Tobacco Use. Yet, Teenagers Refuse To Budge!, Dalila V. Hoover
Dalila V Hoover
Once considered a part of everyday life, tobacco consumption has become a global public health crisis that has transcended national borders. By the end of 2011, tobacco will have killed nearly six million people, including more than 600,000 of people exposed to tobacco smoke. If current smoking patterns continue, the toll will nearly double by 2030 with more than 8 million deaths. To safeguard the public’s health, the United States, Japan, and France have taken action to change the acceptability of smoking. Although they have adopted a different approach, they have successfully altered and redefined their cultural perception of tobacco …
Private International Law As Global Governance: Beyond The Schize, From Closet To Planet, Horatia Muir-Watt
Private International Law As Global Governance: Beyond The Schize, From Closet To Planet, Horatia Muir-Watt
Horatia Muir-Watt
Despite the contemporary turn to law within the global governance debate, private international law remains remarkably silent before the increasingly unequal distribution of wealth and power in the world. By leaving such matters to its public international counterpart, it leaves largely untended the private causes of crisis and injustice affecting such areas as financial markets, levels of environmental pollution, the status of sovereign debt, the confiscation of natural resources, the use and misuse of development aid, the plight of migrating populations, and many more. This incapacity to rise to the private challenges of economic globalisation is all the more curious …
A Critique Of The Doctrine Of Forum Non Conveniens, Markus A. Petsche
A Critique Of The Doctrine Of Forum Non Conveniens, Markus A. Petsche
markus a petsche
In this article, I formulate a basic critique of the doctrine of forum non conveniens. Unlike other authors, I do not focus on the numerous problems posed by the actual application of this doctrine in practice (e.g. delaying effect on proceedings, incoherent decisions, and discrimination against foreign plaintiffs). Instead, I explore the validity of the theory of forum non conveniens, i.e. the question of whether forum non conveniens – if applied in the best possible manner – can at all be a useful legal rule. My starting point is the observation that, despite the prevalence of contrary views, forum non …
What Should Guide Determinations Of Foreign Official Immunity In Us Courts After Samantar?, Chris C. Morley
What Should Guide Determinations Of Foreign Official Immunity In Us Courts After Samantar?, Chris C. Morley
Chris C Morley
In the recent Samantar decision, the Supreme Court held that individual foreign officials were not covered by the Foreign Sovereign Immunities Act but might still be covered by common law immunity. This article analyzes the extent of that common law immunity and discusses whether more recent developments in domestic and international human rights law should impact the availability of immunity for officials accused of torture, extra-judicial killings, and other violations of the law of nations.
Although the bulk of authority from US and foreign courts suggests that foreign officials should enjoy immunity for acts committed within the scope of their …
Our Exceptional Constitution, Timothy Zick
The ‘Fair’ Trade Law Of Nations, Or A ‘Fair’ Global Law Of Economic Relations?, Frank J. Garcia
The ‘Fair’ Trade Law Of Nations, Or A ‘Fair’ Global Law Of Economic Relations?, Frank J. Garcia
Frank J. Garcia
No abstract provided.
Trade-Based Strategies For Combatting Child Labor, Frank J. Garcia, Soohyun Jun
Trade-Based Strategies For Combatting Child Labor, Frank J. Garcia, Soohyun Jun
Frank J. Garcia
International commerce facilitates abusive child labor when it offers a market for the goods produced through such practices. International trade sanctions are thus a logical avenue for confronting abusive child labor, by eliminating the commercial opportunities for such goods. However, it is not clear that domestic child labor sanctions would survive legal challenge under WTO law as currently interpreted. For international trade law to serve as a viable strategy for change, there must first be a clear theoretical and doctrinal case for the WTO-consistency of domestic child labor-based sanctions. In this chapter, we present this case, using the U.S. section …
Globalization, Global Community And The Possibility Of Global Justice, Frank J. Garcia
Globalization, Global Community And The Possibility Of Global Justice, Frank J. Garcia
Frank J. Garcia
In this essay, I suggest five ways in which globalization is changing the cosmopolitan/communitarian debate over global justice, by creating, both inter-subjectively and at the regulatory level, the constitutive elements of a limited global community. Members of this global community are increasingly aware of each other’s needs and circumstances, increasingly capable of effectively addressing these needs, and increasingly contributing to these circumstances in the first place. They find themselves involved in the same global market society, and together these members look to the same organizations, especially those at the meta-state level, to provide regulatory approaches to addressing problems of global …
Review: A Philosophy Of International Law, Frank J. Garcia
Review: A Philosophy Of International Law, Frank J. Garcia
Frank J. Garcia
No abstract provided.
The Role Of Women In Mediation And Conflict Resolution: Lessons For Un Security Council Resolution 1325, Roohia S. Klein
The Role Of Women In Mediation And Conflict Resolution: Lessons For Un Security Council Resolution 1325, Roohia S. Klein
Roohia S Klein
The impact of war on women is often disproportionate and distinct from the effect it has on men. Given the second-class status of women in many societies, their skills and contributions are often under-valued and under-utilized. UN Security Council Resolution 1325 (SCR1325) recognizes the importance of increasing the role of women in all aspects of maintaining international peace and security, including encouraging women to take an active role in resolving conflicts (sections 2, 8b and 16 of SCR1325). This last aspect of SCR1325 reflects an increasing recognition of the effect of gender in conflict resolution. This paper draws upon academic …