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Articles 61 - 74 of 74
Full-Text Articles in Law
Liberalism In Decline: Legislative Trends Limiting Religious Freedom In Russia And Central Asia, Elizabeth A. Clark
Liberalism In Decline: Legislative Trends Limiting Religious Freedom In Russia And Central Asia, Elizabeth A. Clark
Elizabeth A. Clark
Humanity & National Security: The Law Of Mass Atrocity Response Operations, Keith A. Petty
Humanity & National Security: The Law Of Mass Atrocity Response Operations, Keith A. Petty
Keith A. Petty
As the world watches civilian slaughter in Syria, the United States is refining a whole of government approach to prevent and respond to genocide and other atrocity crimes. Military intervention under the recently developed concept of Mass Atrocity Response Operations (MARO) will certainly be included as part of any planning contingency, following diplomatic, economic, and multilateral actions. The current state of international law, however, only permits the use of force, to prevent atrocity crimes or for any other reason, if authorized by the UN Security Council (UNSC) or in self-defense. When the UNSC fails to act—as it has so often …
Towards A New Democratic Africa: The African Union Charter On Democracy, Elections And Governance, Stacy-Ann Elvy
Towards A New Democratic Africa: The African Union Charter On Democracy, Elections And Governance, Stacy-Ann Elvy
Stacy-Ann Elvy
The African Charter on Democracy, Elections and Governance (“ADC”) recently entered into force on February 15, 2012. The main goal of the ADC is the encouragement and promotion of democracy and human rights on the African continent. The ADC is the first binding regional instrument adopted by member states of the African Union (“AU”) that attempts to comprehensively address all of the elements necessary for the establishment of liberal democracies. The ADC also contains a number of expansive provisions regarding unconstitutional changes of government. For instance, the ADC is the first legal instrument adopted by member states of the AU …
Confronting Complexity, Valuing Elegance, David D. Caron
Confronting Complexity, Valuing Elegance, David D. Caron
David D. Caron
These opening remarks to 106th Annual Meeting for the American Society of International Law, first, explore what it means for something to be a complexity and, second, suggest how we as scholars and advisors should pursue something that does not come naturally to lawyers, namely that we should pursue elegance in the face of complexity.
Confucianism And Antitrust: China's Emerging Evolutionary Approach To Anti-Monopoly Law, Thomas J. Horton
Confucianism And Antitrust: China's Emerging Evolutionary Approach To Anti-Monopoly Law, Thomas J. Horton
Thomas J. Horton
No abstract provided.
No Good Deed Goes Unpunished: Charitable Contributions And The Foreign Corrupt Practices Act, William Alan Nelson Ii
No Good Deed Goes Unpunished: Charitable Contributions And The Foreign Corrupt Practices Act, William Alan Nelson Ii
William Alan Nelson II
The area of charitable contributions under the Foreign Corrupt Practices Act (“FCPA”) is an ambiguous area of law where liability for companies can be enormous. This article examines the challenges companies face under the FCPA when making charitable contributions. It provides an in-depth analysis of the Schering-Plough case, which illustrates how the Securities and Exchange Commission (“SEC”) applies the record-keeping provisions of the FCPA in a situation of charitable giving; it examines Department of Justice (“DOJ”) FCPA Review Opinion Procedure Releases that provide guidance on when companies’ charitable contributions will violate the anti-bribery provisions of the FCPA; it discusses the …
Are World Trading Rules Passé?, Sungjoon Cho, Claire R. Kelly
Are World Trading Rules Passé?, Sungjoon Cho, Claire R. Kelly
Sungjoon Cho
Imfing With Your Economic Rights: The Greek Tragedy Of The Eurozone, James C. Brady
Imfing With Your Economic Rights: The Greek Tragedy Of The Eurozone, James C. Brady
James C Brady
While international human rights law promulgates that economic, social and cultural rights (economic rights) be supported just as fervently as civil and political rights, the reality is, they are not. The Greek debt crisis and resulting austerity measures demonstrate how a growing world economy is having an increasingly large impact on economic rights. States treat economic rights obligations similar to how businesses treat risk – that is, states seek to reduce their obligations like businesses seek to reduce their risk. As a result, economic rights remain second fiddle to their civil/political counterpart and a victim of supranational monetary monoliths like …
Impunity Writ Large: A Study Of Crimes Committed During Anti-Veerappan Operations, Saumya Uma
Impunity Writ Large: A Study Of Crimes Committed During Anti-Veerappan Operations, Saumya Uma
Dr. Saumya Uma
Law Reform On Sexual And Gender-Based Crimes In Mass Violence, Saumya Uma
Law Reform On Sexual And Gender-Based Crimes In Mass Violence, Saumya Uma
Dr. Saumya Uma
The Effects Of The Lubanga Case On Understanding And Preventing Child Soldiering, Mark A. Drumbl
The Effects Of The Lubanga Case On Understanding And Preventing Child Soldiering, Mark A. Drumbl
Mark A. Drumbl
On March 14, 2012, a trial chamber of the International Criminal Court (ICC) convicted Thomas Lubanga Dyilo, a rebel leader from the Democratic Republic of the Congo (DRC), for child-soldier-related crimes. Several months later, Lubanga was sentenced to a prison term of fourteen years. On August 7, 2012, an ICC trial chamber issued its decision regarding the principles and procedures to be applied to reparations in the Lubanga case. This Article unpacks the relationships between the Lubanga proceedings and how the international community conceptualizes, and strives to prevent, child soldiering. This Article argues that the Lubanga proceedings reinforce, and incubate, …
A Triumph Of Ill Conceived Language: The Linguistic Origins Of Guantamo’S “Rough Justice”, Brian Christopher Jones
A Triumph Of Ill Conceived Language: The Linguistic Origins Of Guantamo’S “Rough Justice”, Brian Christopher Jones
Brian Christopher Jones
Throughout the years, the Naval Base at Guantanamo Bay has witnessed an abundance of intriguing linguistic words and phrases. For example, “Freedom Vanilla” replaced French Vanilla ice cream in the mess hall, and the area where journalists and others were often sequestered during their visits to the base was re-named “Camp Justice.” The list goes on. However, the language that has had the most significant impact throughout the years has been the words and phrases used in the administration of justice regarding the detainees being held on terrorism charges.Wall St. Journal Supreme Court reporter Jess Bravin’s book, The Terror Courts: …
Negotiating With ‘Bulimic Man’: The (F)Utility Of Engaging Iran, Amit Chhabra
Negotiating With ‘Bulimic Man’: The (F)Utility Of Engaging Iran, Amit Chhabra
Amit Chhabra
In the aftermath of the World Trade Center bombings of September 11, 2001 (“9/11”), the American psyche has been inordinately consumed with the notion of terror and global jihad against Western culture. Even before these dramatic events, though, our unique sense of humor has traditionally emboldened us to enjoy a good scare. When terror strikes in the real world, then, we are readily at attention. Increasingly since the advent of the television, this aspect of our collective psychology has been commoditized by Hollywood and politicized at election time. The fact that Halloween traditionally falls less than a week before Election …
The Corrupting Influence Of The United States On A Vulnerable Intercountry Adoption System: A Guide For Stakeholders, Hague And Non-Hague Nations, Ngos, And Concerned Parties, David M. Smolin
David M. Smolin
This article provides an extensive analysis of the corrupting influence of the United States on the development and present workings of the intercountry/international adoption system. A context for this corrupting influence is provided through a careful analysis of the theoretical and practical vulnerabilities of the intercountry adoption system. The distinctive approaches of the United States to social work, adoption, human rights, children's rights, constitutional law and humanitarian intervention also provides careful analysis. The article is designed to be practical in providing both a clear guide to those interested in reforming the United States' approach to intercountry adoption and related matters, …