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Articles 1 - 30 of 47
Full-Text Articles in Law
Rwanda: No Conspiracy, No Genocide Planning ... No Genocide?, C. Peter Erlinder
Rwanda: No Conspiracy, No Genocide Planning ... No Genocide?, C. Peter Erlinder
C. Peter Erlinder
No abstract provided.
Some Thoughts On Achieving U.S. Compliance With International Obligation To Inform Other Nations About Arrest Of Their Citizens, Talbot D'Alemberte
Some Thoughts On Achieving U.S. Compliance With International Obligation To Inform Other Nations About Arrest Of Their Citizens, Talbot D'Alemberte
Talbot D'Alemberte
The Avena decision against the United States by the World Court again tarnishes the reputation of the United States in the international human rights community but some relatively simple steps could bring this country into compliance with its treaty obligations to inform foreign nationals of their rights under the Vienna Convention on Consular Relations.
The article suggests that private economic action might be effective yet, to avoid that step, the problem can be corrected through legislation, through use of Miranda warnings and through notice given at arraignment.
Between Rogues And Liberals: Towards Value Pluralism As A Theory Of Freedom Of Religion In International Law, Peter G. Danchin
Between Rogues And Liberals: Towards Value Pluralism As A Theory Of Freedom Of Religion In International Law, Peter G. Danchin
Peter G. Danchin
No abstract provided.
Clitoridectomy And The Economics Of Islamic Marriage & Divorce Law, Ryan M. Riegg
Clitoridectomy And The Economics Of Islamic Marriage & Divorce Law, Ryan M. Riegg
Ryan M. Riegg
Is Labor Really "Cheap" In China? Compliance With Labor And Employment Laws, Marisa Anne Pagnattaro
Is Labor Really "Cheap" In China? Compliance With Labor And Employment Laws, Marisa Anne Pagnattaro
marisa pagnattaro
Abstract: This article details China’s the growing body of labor and employment laws. Specifically, this research analyzes major labor and employment law developments in China, including the newly adopted Labor Contract Law, employment discrimination sexual harassment, wages, workplace health and safety, worker privacy, and dispute resolution. The ramifications of this developing legal landscape on U.S. companies doing business in China are also discussed.
Comparing Judicial Compensation: Apples, Oranges, And Cherry-Picking, Matthew W. Wolfe
Comparing Judicial Compensation: Apples, Oranges, And Cherry-Picking, Matthew W. Wolfe
Matthew W. Wolfe
United States Supreme Court Chief Justice John Roberts describes the American judiciary as the envy of other constitutional democracies. But in one respect, the judiciary apparently trails others: judicial pay. Citing higher salaries of judges in other countries, Chief Justice Roberts and Associate Justices Stephen Breyer and Samuel Alito have all argued that inadequate judicial pay leads to a decline in judicial performance and quality. Judicial pay advocates apparently make these comparisons to emphasize that low judicial salaries “threaten” judicial quality and independence or, alternatively, that high judicial salaries “ensure” quality and independence. But the argument is incomplete, relying upon …
The Next, Small, Step For Mankind: Fixing The Inadequacies Of The International Space Law Treaty Regime To Accommodate The Modern Space Flight Industry, Brian J. Beck
Brian J Beck
Since man’s first foray into space flight in 1958, the world has greatly changed. Early space law treaties were created for a world where nations looked to travel to the moon and beyond, two hostile superpowers gave rise to the danger of a weaponized outer space, and space travel was too expensive for anyone but the world’s richest governments. This article argues that the current space law treaty regime, negotiated in the late 1960s and early 1970s, is inadequate to handle the challenges of space flight in the next decade. These challenges include commercial space flight and its attendant concerns, …
Toward An Identity Theory Of International Organizations, Sungjoon Cho
Toward An Identity Theory Of International Organizations, Sungjoon Cho
Sungjoon Cho
Toward an Identity Theory of International Organizations
Abstract
Today, we live in an era of international organizations (IOs). With more than two hundred IOs existing, they touch our everyday lives, ranging from air travel to flu shots. Such paramount significance notwithstanding, conventional international relations (IR) theories, such as realism, have failed to take IOs seriously. Conventional IR scholars view an IO as nothing but passive machinery created and controlled by states for their functional need. Under this position, while an IO may facilitate inter-state cooperation and reduce transaction costs, it would never have a life of its own. Conventional IR …
Veiled Impunity: Iran's Use Of Non-State Armed Groups, Keith A. Petty
Veiled Impunity: Iran's Use Of Non-State Armed Groups, Keith A. Petty
Keith A. Petty
Iran’s use of non-state armed groups is a key component of its foreign policy, and is more sophisticated than the blunt use of force against other States. As such, this strategy is deceptively threatening to the territorial integrity and political independence of the target States who host groups such as Hezbollah, Mahdi’s Army, and Hamas. Under traditional interpretations of the jus ad bellum, indirect aggression can be attributed to sponsor States if it is comparable to the direct use of force by a State, or if the State is substantially involved in the armed group’s attack. That Iranian support is …
Troubled Indictments At The Special Court For Sierra Leone: The Pleading Of Joint Criminal Enterprise And Sex-Based Crimes, Cecily E. Rose
Troubled Indictments At The Special Court For Sierra Leone: The Pleading Of Joint Criminal Enterprise And Sex-Based Crimes, Cecily E. Rose
Cecily E. Rose
This article argues that the indictments at the Special Court for Sierra Leone have pleaded joint criminal enterprise and sex-based crimes in ways that threaten the rights of the accused to notice of the charges against them. While the Taylor Indictment neglects to outline the purpose of the joint criminal enterprise in which the accused allegedly took part, the Prosecution’s recent arguments in this respect have further confused the matter. In addition, the RUF and AFRC Indictments alleged forced marriage without clearly indicating what crime such conduct would violate. Although the Appeals Chamber provided guidance on the issues of joint …
Complexity As A Catalyst Of Market Failure: A Law And Engineering Inquiry, Steven L. Schwarcz
Complexity As A Catalyst Of Market Failure: A Law And Engineering Inquiry, Steven L. Schwarcz
Steven L Schwarcz
This article examines how the complexities of modern investment securities and the assets underlying them can trigger a breakdown of financial markets and also analyzes what should be done to mitigate the potential for market failure. Because these complexities are characteristic of complexities in nonlinear engineering systems, the article’s analysis draws on the literature analyzing these systems.
Mutual Recognition Based On Substituted Compliance: An Integral Component Of The Sec’S Mandate, Cheryl C. Nichols
Mutual Recognition Based On Substituted Compliance: An Integral Component Of The Sec’S Mandate, Cheryl C. Nichols
Cheryl C. Nichols
The U.S. Securities and Exchange Commission (“SEC”) must utilize mutual recognition based on substituted compliance to maintain American preeminence in the global securities market. In fact, mutual recognition based on substituted compliance facilitates the SEC’s ability to fulfill its statutory mandate-- to protect investors; maintain fair, orderly, and efficient markets; and facilitate capital formation. Currently, all US investors may have access to foreign exchanges in the global securities market without the protection of the U.S. federal securities laws; at a minimum, the SEC must take action to fulfill the first prong of its statutory mandate--to protect investors. In addition, maintaining …
Copyright Infringement In The Internet Age - Primetime For Harmonized Conflict-Of-Laws Rules?, Anita B. Frohlich
Copyright Infringement In The Internet Age - Primetime For Harmonized Conflict-Of-Laws Rules?, Anita B. Frohlich
Anita B Frohlich
The traditionally national nature of law endangers its very raison d’être in today’s interconnected and borderless world. Conflict-of-laws methodology may prove to represent an adequate means to maintain relevance of national legal tradition in presence of the increasingly international nature of legal disputes. Here, I propose that only a harmonized conflict-of-laws framework can achieve this goal. Specifically, I focus on international copyright law since (1) the current national jurisprudence in this field is unsatisfactory and disparate, (2) international intellectual property law has so far mostly failed to cross-fertilize with the field of conflict of laws, and (3) there have been …
People's Tribunal On Torture Karnataka Report, Saumya Uma
People's Tribunal On Torture Karnataka Report, Saumya Uma
Dr. Saumya Uma
International Immunities And Fighting Terrorism – Should Diplomatic, Consular And Un Officials Immunity From Searches Prevent Conducting Security Checkups In Border Crossings And Airports?, Ithai Apter
Ithai Apter
International Immunities and Fighting Terrorism – Should Diplomatic, Consular and UN Officials Immunity from Searches Prevent Conducting Security Checkups in Border Crossings and Airports? - ABSTRACT
Diplomatic, consular and United Nations officials usually enjoy general immunity from searches conducted on their persons, belongings and official vehicles, at border crossings. Although searches are conducted at airports, official baggage is still exempt from such inspection, based on the same premise of immunity.
The argument presented by the paper is that this immunity (when applicable) should mostly not be absolute in times of proven threats of terrorism. As this is not the current …
Peace Through Law? The Failure Of A Nobel Experiment, John C. Yoo, Robert Delahunty
Peace Through Law? The Failure Of A Nobel Experiment, John C. Yoo, Robert Delahunty
John C Yoo
Collective-security ideas that emerged from the First World War nobly sought to end the carnage depicted in Erich Maria Remarque's All Quiet on the Western Front. The collective-security movement sought to create a system that protected the status quo by making existing national borders sacrosanct. Any violation of those borders would be treated like a criminal attack under a domestic legal system. But those who devised these rules could not have anticipated the very different threats confronting the international system today. Large, multistate conflicts have receded in the wake of the stability provided by the Cold War superpowers and now …
People's Tribunal On Torture Rajasthan Report, Saumya Uma
People's Tribunal On Torture Rajasthan Report, Saumya Uma
Dr. Saumya Uma
Suspect Symbols: Value Pluralism As A Theory Of Religious Freedom In International Law, Peter G. Danchin
Suspect Symbols: Value Pluralism As A Theory Of Religious Freedom In International Law, Peter G. Danchin
Peter G. Danchin
The grounds upon which states may limit the freedom to manifest religion or belief are divisive questions in constitutional and international law. The focus of recent inquiry has been on laws which proscribe the wearing of religious symbols in certain aspects of the public sphere, and on the claims more generally to religious and cultural freedom of Muslim minorities in European nation-states. Stepping back from these debates, this Article aims at a more rigorous theoretical treatment of the subject. It asks whether there is a coherent notion of religious freedom in international legal theory and, if not, why not? In …
Of Prophets And Proselytes: Freedom Of Religion And The Conflict Of Rights In International Law, Peter G. Danchin
Of Prophets And Proselytes: Freedom Of Religion And The Conflict Of Rights In International Law, Peter G. Danchin
Peter G. Danchin
The case of proselytism presents a tangle of competing claims: on the one hand, the rights of proselytizers to free exercise of religion and freedom of speech; on the other hand, the rights of targets of proselytism to change their religion, peacefully to have or maintain a particular religious tradition, and to be free from injury to religious feelings. Clashes between these claims of right are today generating acute tensions in relations between States and peoples, a state of affairs starkly illustrated by the recent Danish cartoons controversy. Irrespective of their resolution in any particular domestic legal system, how should …
Beyond Rationalism And Instrumentalism: The Case For Rethinking U.S. Engagement With International Law And Organization, Peter G. Danchin
Beyond Rationalism And Instrumentalism: The Case For Rethinking U.S. Engagement With International Law And Organization, Peter G. Danchin
Peter G. Danchin
This Essay advances an argument for rethinking the current terms of engagement of U.S. foreign policy with international law and institutions so as to avoid the current two extremes of power politics and imperial moralizing. First, it is necessary to distinguish between force and the status of political domination on the one hand, and consensus and the status of normative meaning on the other. While it may be possible for a superpower to exercise factual authority and control over foreign states and peoples through sheer assertions of force and will, the attainability of such a situation should not be confused …
People's Tribunal On Torture Tamil Nadu Report, Saumya Uma
People's Tribunal On Torture Tamil Nadu Report, Saumya Uma
Dr. Saumya Uma
Reaffirming The Rights Of Foreign Investors To The Protection Of Icsid Arbitration: Sempra Energy International V. The Argentine Republic, Daniel Krawiec
Reaffirming The Rights Of Foreign Investors To The Protection Of Icsid Arbitration: Sempra Energy International V. The Argentine Republic, Daniel Krawiec
Daniel A Krawiec II
Earlier this decade, the Argentine government responded to a substantial domestic economic crises by passing several emergency laws and unilaterally changing the terms of its investment agreements with foreign investors. Sempra v. Argentine Republic is an important case because the tribunal decisively reaffirmed the right to ICSID arbitration for American investors harmed by Argentina’s actions. Furthermore, the tribunal held that the U.S.-Argentina bilateral investment treaty provided substantial substantive investment protection.
“The Longest Journey, With A First Step”: Bringing Coherence To Sovereignty And Jurisdictional Issues In Global Employee Benefits Law, Paul Secunda
Paul M. Secunda
One of the most neglected areas of employee benefits law in the United States today is the extraterritorial application of ERISA to U.S. employees in other countries. Additionally, the courts and legislature have not spent the necessary time to discuss ERISA coverage issues for foreign employees, both legal and illegal and both working for foreign government and non-government employers, in the United States. These are increasingly crucial areas of U.S. employee benefits law as the globalization of the world's workplaces continues apace.
After surveying the tangled web of ERISA law in this context, the article proposes two statutory fixes and …
Can We Talk?, Don Peters
Can We Talk?, Don Peters
Don Peters
CAN WE TALK: OVERCOMING BARRIERS TO MEDIATING PRIVATE TRANSBORDER COMMERCIAL DISPUTES IN THE AMERICAS Don Peters
This article examines cognitive and cultural barriers creating the comparatively infrequent use of mediation to resolve private, transborder commercial disputes in the Americas. It begins by analyzing the challenges of transborder commercial litigation. It then develops and supports the claim that international arbitration, the most frequently used transborder commercial dispute resolution method , suffers from many of litigation’s disadvantages, including excessive expense and delay, sacrificing outcome control, damaging or ending rather than preserving and improving commercial relationships, and using legalistic, rights based perspectives which …
Foreign Tax Credit Arbitrage, Eric Silver
Foreign Tax Credit Arbitrage, Eric Silver
eric silver
Within the sophisticated world of international finance, there exists an inherent tension in characterizing particular tax strategies as either savvy investments or imprudent tax avoidance. At the center of this struggle are the proposed amendments to regulation section 901 of the Internal Revenue Code. Both the Internal Revenue Service (the IRS) and the Treasury Department claim that the proposed regulations will guide tax strategists in determining the appropriate amount of domestic and foreign taxes paid and the claiming of foreign tax credits. More specifically, the updates to the legislation concern transactions involving U.S.-owned foreign entities and certain structured passive investment …
An Overt Turn On Covert Action, John Radsan
Comparing Judicial Compensation: Apples, Oranges, And Cherry-Picking, Matthew W. Wolfe, Reed Watson
Comparing Judicial Compensation: Apples, Oranges, And Cherry-Picking, Matthew W. Wolfe, Reed Watson
Matthew W. Wolfe
United States Supreme Court Chief Justice John Roberts describes the American judiciary as the envy of other constitutional democracies. But in one respect, the judiciary apparently trails others: judicial pay. Citing higher salaries of judges in other countries, Chief Justice Roberts and Associate Justices Stephen Breyer and Samuel Alito have all argued that inadequate judicial pay leads to a decline in judicial performance and quality. Judicial pay advocates apparently make these comparisons to emphasize that low judicial salaries “threaten” judicial quality and independence or, alternatively, that high judicial salaries “ensure” quality and independence. But the argument is incomplete, relying upon …
Defining “Organ Of A Foreign State” Under The Foreign Sovereign Immunities Act Of 1976, Michael A. Granne
Defining “Organ Of A Foreign State” Under The Foreign Sovereign Immunities Act Of 1976, Michael A. Granne
Michael A Granne
Many foreign states are active players in global commerce. When these states establish or control a global enterprise, those entities often seek special treatment available under the Foreign Sovereign Immunities Act. Courts only allow such special treatment to enterprises that are considered an “organ of a foreign state,” a murky term undefined in the statute and undertheorized in the literature. In this Article, I argue that the analysis of when a particular enterprise should be considered an “organ” must focus on whether the denial of sovereign status to the enterprise has the potential for interference with the United States’ diplomatic …
Oy Vey! The Bernstein Exception: Rethinking The Doctrine In The Wake Of Constitutional Abuses, Corporate Malfeasance And The “War On Terror”, Breana Frankel
Oy Vey! The Bernstein Exception: Rethinking The Doctrine In The Wake Of Constitutional Abuses, Corporate Malfeasance And The “War On Terror”, Breana Frankel
Breana Frankel
Abstract OY VEY! THE BERNSTEIN EXCEPTION: RETHINKING THE DOCTRINE IN THE WAKE OF CONSTITUTIONAL ABUSES, CORPORATE MALFEASANCE AND THE “WAR ON TERROR” Breana Frankel, Assistant Professor, Chapman University School of Law The “Bernstein doctrine” is a classic example of the exception swallowing the rule. The Bernstein exception allows the Executive to intercede in act of state cases when it determines that adjudication would not harm U.S.-foreign relations. The Exception was initially intended solely to permit victims of Nazi war crimes to recover in United States courts. However, in the more than 50 years since its inception, the Bernstein doctrine has …
The World Bank's Inspection Panel: Promoting True Accountability Through Arbitration, Enrique Carrasco
The World Bank's Inspection Panel: Promoting True Accountability Through Arbitration, Enrique Carrasco
Enrique R Carrasco
In September 1993, the World Bank created the Inspection Panel. At the time, it was hailed as an unprecedented effort to increase the Bank’s accountability. Prior to the establishment of the Panel, the Bank had engaged in a number of projects that devastated local populations and caused significant environmental damage. After unrelenting pressure from environmental and human rights non-governmental organizations (“NGOs”), the World Bank established the Inspection Panel with hopes of bringing transparency to the Bank’s project lending. Generally, the Panel is charged with investigating complaints filed by parties in borrower countries who believe that the Bank is violating its …