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Articles 31 - 60 of 83

Full-Text Articles in Law

Has The Law Of The Sea Convention Strengthened The Conservation Ability Of The International Whaling Commission?, Jared Zemantauski Feb 2012

Has The Law Of The Sea Convention Strengthened The Conservation Ability Of The International Whaling Commission?, Jared Zemantauski

University of Miami Inter-American Law Review

No abstract provided.


“Brisas Del Mar”: Judicial And Political Outcomes Of The Cuban Rafter Crisis In Guantánamo, Christina Frohock Jan 2012

“Brisas Del Mar”: Judicial And Political Outcomes Of The Cuban Rafter Crisis In Guantánamo, Christina Frohock

Articles

No abstract provided.


The Challenge Of Domestic Implementation Of International Human Rights Law In The Cotton Field Case, Caroline Bettinger-López Jan 2012

The Challenge Of Domestic Implementation Of International Human Rights Law In The Cotton Field Case, Caroline Bettinger-López

Articles

No abstract provided.


Worth A Pound Of Cure? An Empirical Assessment Of The Bush Doctrine And Preventive Military Action, Paul F. Diehl, Shyam Kulkarni Oct 2011

Worth A Pound Of Cure? An Empirical Assessment Of The Bush Doctrine And Preventive Military Action, Paul F. Diehl, Shyam Kulkarni

University of Miami International and Comparative Law Review

The Bush Doctrine, or the proposal that allows the use of military force preventively to address prospective attack from terrorists or involving weapons of mass destruction, has been debated from various normative and legal vantage points. In this article, we introduce the new evaluative criterion that such military action must also produce the desired outcomes of defeating opponents and preventing future attacks. We test the efficacy of preventive military actions over the last two centuries. We conclude that using military force in a preventive fashion provides very limited, if any value, to states that employ this strategy. At best, there …


Pmcs On The High Seas: The Solution To Somali Piracy Or A Failure To Learn From History?, Bryan K. Doeg Jul 2011

Pmcs On The High Seas: The Solution To Somali Piracy Or A Failure To Learn From History?, Bryan K. Doeg

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Still Trembling: State Obligation Under International Law To End Post-Earthquake Rape In Haiti, Lisa Davis Apr 2011

Still Trembling: State Obligation Under International Law To End Post-Earthquake Rape In Haiti, Lisa Davis

University of Miami Law Review

No abstract provided.


Trade And Investment Treaties, The Rule Of Law, And Standards Of The Administration Of Justice, Alejandro M. Garro, Stephen J. Schnably, Pedro Martinez Fraga, David Abraham Jan 2011

Trade And Investment Treaties, The Rule Of Law, And Standards Of The Administration Of Justice, Alejandro M. Garro, Stephen J. Schnably, Pedro Martinez Fraga, David Abraham

University of Miami Inter-American Law Review

No abstract provided.


Medellin V. Texas: The Roberts Court And New Frontiers For Federalism, Robert Shawn Hogue Jan 2010

Medellin V. Texas: The Roberts Court And New Frontiers For Federalism, Robert Shawn Hogue

University of Miami Inter-American Law Review

No abstract provided.


The Danish Cartoon Controversy And The Rhetoric Of Libertarian Regret, Robert A. Khan Apr 2009

The Danish Cartoon Controversy And The Rhetoric Of Libertarian Regret, Robert A. Khan

University of Miami International and Comparative Law Review

The publication of cartoons insulting the prophet Mohammed created afar greater controversy in Europe than it did in the United States. In this article, I attempt to trace this difference to broader differences in the way Americans and Europeans think about offensive speech. While Americans have developed a language of "libertarian regret, " which allows them to criticize speech that they nevertheless concede the legal system must protect, Europeans are much more concerned about the threat posed by acts of intolerance. As a result, Europeans tended to view Muslim protests against the cartoons as a potential harbinger of totalitarianism. By …


Extralegal Property, Legal Monism, And Pluralism, Daniel Bonilla Maldonado Jan 2009

Extralegal Property, Legal Monism, And Pluralism, Daniel Bonilla Maldonado

University of Miami Inter-American Law Review

No abstract provided.


The City And International Law: In Pursuit Of Sustainable Development, Ileana Porras Jan 2009

The City And International Law: In Pursuit Of Sustainable Development, Ileana Porras

Articles

No abstract provided.


Habeas Corpus, Constructive Custody And The Future Of Federal Jurisdiction After Munaf, Karen Shafrir Oct 2008

Habeas Corpus, Constructive Custody And The Future Of Federal Jurisdiction After Munaf, Karen Shafrir

University of Miami International and Comparative Law Review

In 2004-05, two American Citizens, Shaqir Omar and Mohamed Munaf were separately arrested in Iraq and placed in the Camp Cropper Military Facility, pending adjudication. Both prisoners filed writs of habeas corpus in the United States District Court for the District of Columbia. The primary issue that the lower courts grappled with was whether or not the courts had jurisdiction to hear the petitions. After various appeals, the United States Supreme Court concluded that the federal courts did have jurisdiction to entertain the habeas petitions but that the petitions would fail on the merits. This paper argues that the standard …


Human Trafficking: Addressing The International Criminal Industry In The Backyard, Sarah King Apr 2008

Human Trafficking: Addressing The International Criminal Industry In The Backyard, Sarah King

University of Miami International and Comparative Law Review

Human trafficking is a modern phenomenon with ancient roots; it is a degrading institution that generates billions of dollars annually; it is an international problem that sits in our own backyards. Because human trafficking raises, among many issues, questions of international law, human rights violations, global economic concerns and matters related to organized crime, a discussion on human trafficking could take many forms. This paper will attempt define human trafficking in a modern context; discuss the interplay between international, national, and state specific human trafficking laws; and provide analysis on where we need to go as part of an international …


Emerging International Law Constraints On Constitutional Structure And Revision: A Preliminary Appraisal, Stephen J. Schnably Jan 2008

Emerging International Law Constraints On Constitutional Structure And Revision: A Preliminary Appraisal, Stephen J. Schnably

University of Miami Law Review

No abstract provided.


The World Court's Advisory Function: "Not Legally Well-Founded", David L. Breau Oct 2006

The World Court's Advisory Function: "Not Legally Well-Founded", David L. Breau

University of Miami International and Comparative Law Review

No abstract provided.


Hostis Humani Generi: Piracy, Terrorism And A New International Law, Douglas R. Burgess Jr. Apr 2006

Hostis Humani Generi: Piracy, Terrorism And A New International Law, Douglas R. Burgess Jr.

University of Miami International and Comparative Law Review

No abstract provided.


Seen And Not Heard?: Children's Objections Under The Hague Convention On International Child Abduction, Anastacia M. Greene Oct 2005

Seen And Not Heard?: Children's Objections Under The Hague Convention On International Child Abduction, Anastacia M. Greene

University of Miami International and Comparative Law Review

No abstract provided.


The Legality Of Torture As A Means To An End V. The Illegality Of Torture As A Violation Of Jus Cogens Norms Under Customary International Law, Stephanie L. Williams Jan 2005

The Legality Of Torture As A Means To An End V. The Illegality Of Torture As A Violation Of Jus Cogens Norms Under Customary International Law, Stephanie L. Williams

University of Miami International and Comparative Law Review

No abstract provided.


The Oas And Constitutionalism: Lessons From Recent West African Experience, Stephen J. Schnably Jan 2005

The Oas And Constitutionalism: Lessons From Recent West African Experience, Stephen J. Schnably

Articles

No abstract provided.


Trumpeting Justice: The Implications Of U.S. Law And Policy For The International Rendition Of Terrorists From Failed Or Uncooperative States, Matthew A. Slater Jul 2004

Trumpeting Justice: The Implications Of U.S. Law And Policy For The International Rendition Of Terrorists From Failed Or Uncooperative States, Matthew A. Slater

University of Miami International and Comparative Law Review

No abstract provided.


Agora: The United States Constitution And International Law Editors' Introduction, Lori Fisler Damrosh, Bernard H. Oxman Jan 2004

Agora: The United States Constitution And International Law Editors' Introduction, Lori Fisler Damrosh, Bernard H. Oxman

Articles

No abstract provided.


Terrorism And The Law (Yonah Alexander And Edgar H. Brenner, Eds., Transnational Publishers 2001). , Fara Gold Oct 2003

Terrorism And The Law (Yonah Alexander And Edgar H. Brenner, Eds., Transnational Publishers 2001). , Fara Gold

University of Miami International and Comparative Law Review

No abstract provided.


Helms Burton: Social Policy And Norm Definition, Manuel A. Rodriguez Oct 2002

Helms Burton: Social Policy And Norm Definition, Manuel A. Rodriguez

University of Miami International and Comparative Law Review

No abstract provided.


Helms Burton: A View From Abroad, Runa Kinzel Oct 2002

Helms Burton: A View From Abroad, Runa Kinzel

University of Miami International and Comparative Law Review

No abstract provided.


The European Tendency Toward Non-Extradition To The United States In Capital Cases: Trends, Assurances, And Breaches Of Duty, Robert Gregg Oct 2002

The European Tendency Toward Non-Extradition To The United States In Capital Cases: Trends, Assurances, And Breaches Of Duty, Robert Gregg

University of Miami International and Comparative Law Review

No abstract provided.


Why International Law Favors Emigration Over Immigration, Thomas Kleven Apr 2002

Why International Law Favors Emigration Over Immigration, Thomas Kleven

University of Miami Inter-American Law Review

No abstract provided.


International Law And Uganda's Involvement In The Democratic Republic Of The Congo (Droc), Phillip Apuuli Kasaija Oct 2001

International Law And Uganda's Involvement In The Democratic Republic Of The Congo (Droc), Phillip Apuuli Kasaija

University of Miami International and Comparative Law Review

No abstract provided.


Assessing The World's Response To Apartheid: A Historical Account Of International Law And Its Part In The South African Transformation, Kevin Hopkins Oct 2001

Assessing The World's Response To Apartheid: A Historical Account Of International Law And Its Part In The South African Transformation, Kevin Hopkins

University of Miami International and Comparative Law Review

No abstract provided.


The Law Of Peoples. By John Rawls. Cambridge, London: Harvard University Press, 1999. (Book Review), Patrick O. Gudridge Jan 2001

The Law Of Peoples. By John Rawls. Cambridge, London: Harvard University Press, 1999. (Book Review), Patrick O. Gudridge

Articles

No abstract provided.


Complementary Agreements And Compulsory Jurisdiction, Bernard H. Oxman Jan 2001

Complementary Agreements And Compulsory Jurisdiction, Bernard H. Oxman

Articles

No abstract provided.