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Articles 1 - 9 of 9

Full-Text Articles in Law

Infuturia Global Ltd. V. Sequus Pharmaceuticals, Inc.: The Breadth Of Removal Jurisdiction Under 9 U.S.C. § 205, Conor Burden Leonard Jan 2012

Infuturia Global Ltd. V. Sequus Pharmaceuticals, Inc.: The Breadth Of Removal Jurisdiction Under 9 U.S.C. § 205, Conor Burden Leonard

Golden Gate University Law Review

In Infuturia Global Ltd. v. Sequus Pharmaceuticals, Inc., the U.S. Court of Appeals for the Ninth Circuit analyzed the scope of federal removal jurisdiction over matters related to certain international arbitration agreements and awards. In doing so, the Ninth Circuit articulated a broad standard to determine whether a federal court is an appropriate forum to hear a dispute related to a foreign arbitration agreement or award. The Ninth Circuit interpreted the key language of the relevant provision to permit removal whenever there is an arbitral award or agreement that “could conceivably affect the outcome of the plaintiff’s suit.”


Challenges To Establishing Jurisdiction Over Holocaust Era Claims In Federal Court, Svetlana Shirinova Sep 2010

Challenges To Establishing Jurisdiction Over Holocaust Era Claims In Federal Court, Svetlana Shirinova

Golden Gate University Law Review

This Comment contends that jurisdiction over Austria cannot be established retroactively by application of the Foreign Sovereign Immunities Act. The purpose of this Comment is to call the attention of the legal community and the general public to the need to resolve the remaining Holocaust Era claims. Many U.S. citizens fought to preserve democratic rights during the Second World War. Many gave their lives to protect the world from fascism. Now it is time for the legislature and the judiciary to complete this noble task. This Comment is divided into four parts. Part I provides a brief overview of Holocaust …


Justice For Rwanda: Toward A Universal Law Of Armed Conflict, Heather Alexander Sep 2010

Justice For Rwanda: Toward A Universal Law Of Armed Conflict, Heather Alexander

Golden Gate University Law Review

Section I of this Comment provides a history of the Rwandan armed conflict and a description of the laws of armed conflict. It focuses on the basic laws of armed conflict, the Geneva Conventions and Additional Protocols, and describes how these laws have been interpreted by the ICTY and ICTR. Section II addresses the classification of the Rwandan armed conflict as a non-international conflict. This section discusses Ugandan support for the invading Rwandan Patriotic Front ("hereinafter RPF") and the murder of ten Belgian U.N. peacekeepers by Rwandan troops. The Section proposes changing the definition of an international conflict, thereby strengthening …


Unequal Treatment Of United States Citizens: Eroding The Constitutional Safeguards, Irma Alicia Cabrera Ramirez Sep 2010

Unequal Treatment Of United States Citizens: Eroding The Constitutional Safeguards, Irma Alicia Cabrera Ramirez

Golden Gate University Law Review

This comment examines the unequal treatment of United States citizens who are labeled enemy combatants by looking at the factual and procedural background of Padilla, Hamdi and Lindh. Next, this comment examines the origins of the label enemy combatant and the constitutional safeguards afforded to criminal defendants in similar situations as Padilla, Hamdi,and Lindh. The terrorist acts Padilla, Hamdi, and Lindh are accused of involve international laws. Therefore, this comment will examine the Geneva Conventions as a means to understand humanitarian protections that may cover Padilla and Hamdi. Finally, this comment will provide recommendations for some of the issues raised.


Jurisdiction, Terrorism And The Rule Of International Law, Sompong Sucharitkul Sep 2010

Jurisdiction, Terrorism And The Rule Of International Law, Sompong Sucharitkul

Golden Gate University Law Review

In October 2001, approximately one month after the September 11 terrorist attacks in the United States, Golden Gate University Law Professor Sompong Sucharitkul spoke to the students of Golden Gate University and others on the topic of jurisdiction, terrorism and the rule of international law. The following is an excerpt from the speech given by Golden Gate University Law Professor Sompong Sucharitkul.


Nature Conservation And Trade Distortion: Green Box And Blue Box Farming Subsidies In Europe, Jim Dixon Sep 2010

Nature Conservation And Trade Distortion: Green Box And Blue Box Farming Subsidies In Europe, Jim Dixon

Golden Gate University Law Review

Many rural communities in Europe are distinctively dependent on farming. Also, the very close association between Europe's environmental assets - soil, water, forests, biodiversity - and farming make a strong case for integrating environmental objectives in farm policy. However, the European model too often assumes that Europe's farming is static and that market protection (in the form of export subsidies, tariffs and subsidies) will automatically deliver the additional functions of the European model. This article will seek to critique this assumption. It is argued that the European Model is justifiable as a descriptor of part of the EU countryside but …


The Unidroit Convention: Attempting To Regulate The International Trade And Traffic Of Cultural Property, Monique Olivier Sep 2010

The Unidroit Convention: Attempting To Regulate The International Trade And Traffic Of Cultural Property, Monique Olivier

Golden Gate University Law Review

This Comment will begin by providing a background of the various types of art theft and the steps, including the UNESCO Convention, the US Cultural Property Implementation Act and the EC Directive and Regulation, that European countries and the United States have taken to curb the illicit trade in works of art. This Comment will then examine the recently enacted UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects (hereinafter "UNIDROIT Convention") and discuss why art importing nations oppose it. This Comment will conclude that because the final draft of the UNIDROIT Convention contains many provisions that the museum community …


Security Council Resolution 808: A Step Toward A Permanent International Court For The Prosecution Of International Crimes And Human Rights Violations, Daniel B. Pickard Sep 2010

Security Council Resolution 808: A Step Toward A Permanent International Court For The Prosecution Of International Crimes And Human Rights Violations, Daniel B. Pickard

Golden Gate University Law Review

This comment examines the difficulties involved in implementing Resolution 808, and also its contribution to the development of a permanent international criminal court (hereinafter "ICC"). The comment begins with an overview of Security Council Resolution 808. The comment next considers the factors that have stopped previous attempts to create an ICC. Finally, the author proposes that a permanent ICC could and should be implemented and that the earlier difficulties in establishing such a tribunal have been overcome.


International Law, David J. Mcmahon Sep 2010

International Law, David J. Mcmahon

Golden Gate University Law Review

No abstract provided.