Law Commons^™

Are We Being Propelled Towards A People-Centered Transnational Legal Order?, Claudio Grossman, Daniel D. Bradlow

Daniel D. Bradlow

No abstract provided.

Law Of Trade In Human Rights: A Legal Analysis Of The Intersection Of The General Trade Agreement Of Tariff’S Article Xx(B) And Labor Rights Of Children., Paul Cook

Paul Cook

China's child labor is on the rise with its 8% annual economic growth. Children are valued for their labor for several reasons: their cheaper price, their ignorance of their legal rights, their dexterous hands, and good eye sight. The use of juvenile labor is most prevalent in the following industries: toy production, textiles, construction, food production, and light mechanical work. Underage laborers are particularly vulnerable to job related hazards resulting in injury and death, and this is because they tend to be less aware of workplace hazards than do adult workers. Children begin work as early as twelve years old …

When The Commerce Clause Goes International: A Proposed Legal Framework For The Foreign Commerce Clause, Naomi Harlin Goodno

Naomi Harlin Goodno

Congress is allowed “to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.” The scope of Congress’s power to regulate commerce “among the several States” (the “Interstate Commerce Clause”) has long been debated. In the modern world of global interaction, Congress’s power to regulate commerce “with foreign Nations” (the “Foreign Commerce Clause”) may soon take center-stage. The U.S. Supreme Court, however, has not yet articulated a legal framework for the Foreign Commerce Clause which has lead to circuit splits and confusion as to the scope of this power. This legal issue has recently surfaced …

The Index Of Individual Case Reports Of The Inter-American Commission On Human Rights: 1994-1999, Richard J. Wilson

Richard J. Wilson

No abstract provided.

Researching The Jurisprudence Of The Inter-American Commission On Human Rights: A Litigator's Perspective, Richard J. Wilson

Richard J. Wilson

No abstract provided.

A Festschrift In Honor Of Seymour J. Rubin, Claudio Grossman, Tom Farer, Andreas J. Jacovides, Herman Schwartz, Bennett Boskey, William Diebold, Christina M. Cerna

Herman Schwartz

No abstract provided.

Tribunal Justice: The Challenges, The Record, And The Prospects, Nina Ban-Jensen, Tom Gjelten, Roy Gutman, Ivana Nizich, Diane F. Orentlicher, Thomas Warrick

Diane Orentlicher

No abstract provided.

Conference Convocation, M. Cherif Bassiouni, Charles N. Brower, Claudio Grossman, Diane F. Orentlicher, Tina Rosenberg, David J. Scheffer, Paul Williams

Diane Orentlicher

No abstract provided.

Dedication To Waldemar A. Solf, Robert Kogod Goldman, Claudio Grossman, Raymond I. Geraldson, George H. Aldrich, Sally V. Mallison, W. Thomas Mallison

Claudio M. Grossman

No abstract provided.

Conference Adjournment, Claudio Grossman, Aryeh Neier

Claudio M. Grossman

No abstract provided.

Building The World Community: Challenges To Legal Education And The Wcl Experience, Claudio Grossman

Claudio M. Grossman

No abstract provided.

International Support For International Criminal Tribunals And An International Criminal Court, Claudio Grossman, Gabrielle Kirk Mcdonald, Arlen Specter, Steven "Skippy" Weinstein

Claudio M. Grossman

No abstract provided.

Conference Convocation, M. Cherif Bassiouni, Charles N. Brower, Claudio Grossman, Diane F. Orentlicher, Tina Rosenberg, David J. Scheffer, Paul Williams

Claudio M. Grossman

No abstract provided.

The Inter-American System And Asylum, Claudio Grossman

Claudio M. Grossman

No abstract provided.

A Festschrift In Honor Of Seymour J. Rubin, Claudio Grossman, Tom Farer, Andreas J. Jacovides, Herman Schwartz, Bennett Boskey, William Diebold, Christina M. Cerna

Claudio M. Grossman

No abstract provided.

Legal Guardians: Islamic Law, International Law, Human Rights Law, And The Salman Rushdie Affair, Anthony Chase

Anthony Chase

No abstract provided.

Antitrust Regulation Within The European Economic Community, Richard M. Buxbaum

Richard M. Buxbaum

The article presents information on the antitrust regulation within the European Economic Community. The antitrust provisions of the Rome Treaty are quite straightforward. The escape clause in article 85(3), reflecting French insistence on "reasonable" competition, will unquestionably prove to be the keystone to any eventual Community antitrust law. It is so general that its interpretation is unpredictable. An otherwise null and void practice may be approved if it promotes economic progress while reserving to the consumer an equitable share of the resulting advantages, and neither is an unnecessary restriction nor eliminates competition in a substantial part of the relevant market. …

The Icc And Victim Participation For Victims Of Gender-Based Crimes - A Conflict Of Interest?, Solange Mouthaan Ms

Solange Mouthaan Ms

The ICC has adopted a system of victim participation, which, although innovative, is also complex and inconsistent. As a consequence the meaningfulness of victim participation is questioned, because of its adverse effects on judicial proceedings, in particular on the task to be performed by the judges. It further creates false expectations for victims. The Lubanga and Bemba trials highlight that victims of gender-based crimes in particular bear the brunt of this approach. The ICC thus faces a challenge to develop a consistent approach to victims in line with its mandate to victims of vulnerable groups. A way forward is to …

Default State Attribution Rather Than Dual Attribution In The Troop-Contributing Context, Osama Almughrabi

Osama Almughrabi

This note discusses Mustafic, a recent Dutch appellate court decision in which the court held the Netherlands responsible for the failure of Dutch peacekeeping troops during the Srebrenika massacre. More specifically, the Dutch court held that both the Netherlands and the UN could be held responsible for the actions of those contributed Dutch troops. However, this note argues that this so-called “dual attribution” applied by the Dutch court is not supported by international law, nor is it likely to become international law in the foreseeable future. Instead, the note proposes an original framework for attributing the conduct of contributed troops, …

Rico's Extraterritoriality, Gideon Mark

Gideon Mark

This article examines the extraterritorial application of the Racketeer Influenced and Corrupt Organizations Act (RICO). Federal courts commonly analyzed RICO’s extraterritoriality prior to 2010 by borrowing from securities jurisprudence. That borrowing entailed application of the “conduct” and “effects” tests used to determine whether federal securities laws applied extraterritorially. In 2010 the United States Supreme Court decided Morrison v. National Australia Bank, which rejected use of the conduct and effects tests and thus overruled four decades of extraterritoriality analysis by federal appellate courts in securities cases. This article examines the conflicting paths courts have taken post-Morrison when confronted with extraterritoriality issues …

Brazil Begins To Investigate Its Dark Past, But Is It Too Little Too Late?, Thomas Thompson-Flores

Thomas L Thompson-Flores

This article analyzes the history of Brazil, the current legal battle over its Amnesty Law, and finally compares the transitional justice process chosen in Brazil versus other South American countries. An historical background of Brazil from 1964 to the present is given to illustrate the reasons behind the methods chosen by Brazil to implement transitional justice in the country. This historical summary begins with the military’s rise to power in 1964; then discusses the harsh policies implemented by the military in order to maintain its power; the process of democratic transition; and finally the steps taken by Brazil in recent …

Livingstone And The Law: Africa’S Greatest Explorer And The Abolition Of The Slave Trade, Jay Milbrandt

Jay Milbrandt

Few historical events have had such tragic, widespread, and lingering consequences as the exportation of slaves from Africa. While the abolition of western Africa’s transatlantic slave trade is well documented, the events and legal framework that led to the abolition of the slave trade in East Africa remain practically untold. There, an unlikely hero championed abolition: Missionary and explorer Dr. David Livingstone. His method: an ambitious publicity stunt to dramatically change international law.

This article will illustrate how explorer David Livingstone’s advocacy profoundly affected the legal landscape to restrict the slave trade in East Africa, and eventually dealt the deathblow …

The Cooperative As Proletarian Corporation: Property Rights Between Corporation, Cooperatives And Globalization In Cuba, Larry Cata Backer

Larry Cata Backer

Since the 1970s, the issue of the relationship between productive property, the state and the individual has been contested in Marxist Leninist states. While China has moved to a more managerial form of relationship, states like Cuba continue to adhere to more strict principles of state control of productive property. However, in the face of recent financial upheavals and Cuba’s long effort to create alternative forms of regional economic engagement, Cuba’s approach to economic regulation has been undergoing limited change. This essay considers the form and scope of Cuban approaches to economic reorganization in the wake of the adoption of …

Freedom From Fear: International Law As A Constructive Force For Supporting American Foreign Policy, Winston Nagan

Winston P Nagan

This article reveiews the history of the trend in the United States Supreme Court for the strong application of international law as a part of U.S. law. It reviews the judicial practice as well as the influence of extra-judicial factors such as exceptionalism and isolationism. This article reflects on the contemporary problems which have generated a secepticism of international law and seeks to clarify the compatability of the most defensible values of U.S. foreign policy and those of the U.N. Charter.

Punishment And Work Law Compliance: Lessons From Chile, César F. Rosado Marzán

César F. Rosado Marzán

Workplace law activists and reformers find it increasingly more difficult to obtain redress for violation of workers’ rights. Some of them are calling for stricter enforcement and tougher penalties to bring employers into compliance. However, after seven and half months of participant observation at the Labor Directorate and the labor courts of Chile, institutions that use punishment as their main tools of enforcement, I am skeptical about the likelihood of success of mere punishment for effective workplace law enforcement and compliance. I am skeptical even though Chile is a country recognized as the Latin American “jaguar” for its successful economy …

Charging Less To Make More: The Causes And Effects Of The Corporate Inversion Trend In The U.S. And The Implications Of Lowering The Corporate Tax Rate, Tyler Dumler

Tyler M. Dumler

This article explores the effect lowering the corporate tax rate would have on U.S. multinational corporations (MNCs). Instead of creating patchwork legislation, such as section 7874 to the Internal Revenue Code, this article advocates adopting changes to the underlying problems which give MNCs incentives to expatriate. By attacking the underlying problems of corporate tax legislation, this article concludes that lowering the corporate tax rate is the long-term solution for the U.S. government to address MNC tax avoidance.

The Container Security Initiative: A Layered Security Strategy For Securing Containerized Cargo, Tyler M. Dumler

Tyler M. Dumler

This article breaks down the various security measures implemented by the Department of Homeland Security when dealing with international trade through containerized cargo. The Container Security Initiative, Customs-Trade Partnership Against Terrorism, "24-Hour Rule," International Ship and Port Facility Security Code, and Secure Freight Initiative are all thoroughly explained and analyzed. This article is of great importance as the July 2012 deadline for 100% scanning approaches. This deadline will not be met. This article explains why 100% scanning will not be achieved, and discusses how the U.S. should proceed with balancing international trade and security moving forward.

Conference Convocation, M. Cherif Bassiouni, Charles N. Brower, Claudio Grossman, Diane F. Orentlicher, Tina Rosenberg, David J. Scheffer, Paul Williams

Paul Williams

No abstract provided.

Uses And Abuses Of Cyberspace, Andrew D. Murray

Professor Andrew D Murray

No abstract provided.

Emerging Economies After The Global Financial Crisis: The Case Of Brazil, Enrique Carrasco, Sean Williams

Enrique R Carrasco

Abstract Emerging economies have rebounded relatively quickly from the 2008 global financial crisis and, despite various challenges they face resulting from the European sovereign debt crisis, they face bright economic futures. While many observers have focused on China and India, Brazil is an emerging economy that has enjoyed increasing visibility. This article examines Brazil’s evolution into an emerging economy, or, given the market-based nature of the term, an emerging market economy (EME). After outlining the broadly accepted definition of an EME, we examine Brazil’s path towards becoming an EME, from the “pre-emergent” Brazil to its current status as an EME. …