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Full-Text Articles in Law
The Constitution V. The Convention: The Evolution Of The Court-Mandated Right To Counsel In The United States And Europe, Sara Sun Beale, Richard E. Myers Ii
The Constitution V. The Convention: The Evolution Of The Court-Mandated Right To Counsel In The United States And Europe, Sara Sun Beale, Richard E. Myers Ii
Duke Journal of Comparative & International Law
No abstract provided.
Reframing Kurtz’S Painting: Colonial Legacies And Minority Rights In Ethnically Divided Societies, Tom Brower
Reframing Kurtz’S Painting: Colonial Legacies And Minority Rights In Ethnically Divided Societies, Tom Brower
Duke Journal of Comparative & International Law
Minority rights constitute some of the most normatively and economically important human rights. Although the political science and legal literatures have proffered a number of constitutional and institutional design solutions to address the protection of minority rights, these solutions are characterized by a noticeable neglect of, and lack of sensitivity to, historical processes. This Article addresses that gap in the literature by developing a causal argument that explains diverging practices of minority rights protections as functions of colonial governments’ variegated institutional practices with respect to particular ethnic groups. Specifically, this Article argues that in instances where colonial governments politicize and …
The Parched Earth Of Cooperation: How To Solve The Tragedy Of The Commons In International Environmental Governance, Bryan H. Druzin
The Parched Earth Of Cooperation: How To Solve The Tragedy Of The Commons In International Environmental Governance, Bryan H. Druzin
Duke Journal of Comparative & International Law
This article proposes a way to strengthen international environmental agreements, such as the Paris Agreement and the Kyoto Protocol. Multilateral environmental agreements such as these are extremely fragile. At the heart of the problem is what is known as the tragedy of the commons—a unique dynamic that viciously sabotages cooperation. The cause of this tragedy is that no one can trust that other actors will conserve the common resource, which triggers a race to the bottom—a race to deplete. Global warming and our inability to halt it is perhaps the ultimate example of a tragedy of the commons on a …
How Far Have We Come And Where Do We Go From Here? A Culturally Sensitive Strategy For Judicial Independence In Myanmar, John M. Epling
How Far Have We Come And Where Do We Go From Here? A Culturally Sensitive Strategy For Judicial Independence In Myanmar, John M. Epling
Duke Journal of Comparative & International Law
No abstract provided.
On The Existence Of A Customary Rule Granting Functional Immunity To State Officials And Its Exceptions: Back To Square One, Micaela Frulli
On The Existence Of A Customary Rule Granting Functional Immunity To State Officials And Its Exceptions: Back To Square One, Micaela Frulli
Duke Journal of Comparative & International Law
No abstract provided.
Categorizing Acts By State Officials: Attribution And Responsibility In The Law Of Foreign Official Immunity, Chimène I. Keitner
Categorizing Acts By State Officials: Attribution And Responsibility In The Law Of Foreign Official Immunity, Chimène I. Keitner
Duke Journal of Comparative & International Law
No abstract provided.
The Significance Of China’S Views On The Jus Cogens Exception To Foreign Government Official Immunity, Julian G. Ku
The Significance Of China’S Views On The Jus Cogens Exception To Foreign Government Official Immunity, Julian G. Ku
Duke Journal of Comparative & International Law
No abstract provided.
The Adjudication Of Foreign Official Immunity Determinations In The United States Post-Samantar: A Circuit Split And Its Implications, Christopher D. Totten
The Adjudication Of Foreign Official Immunity Determinations In The United States Post-Samantar: A Circuit Split And Its Implications, Christopher D. Totten
Duke Journal of Comparative & International Law
No abstract provided.
“People Power” And The Problem Of Sovereignty In International Law, Elizabeth A. Wilson
“People Power” And The Problem Of Sovereignty In International Law, Elizabeth A. Wilson
Duke Journal of Comparative & International Law
No abstract provided.
Diplomatic Immunity And The Abuse Of Domestic Workers: Criminal And Civil Remedies In The United States, Martina E. Vandenberg, Sarah Bessell
Diplomatic Immunity And The Abuse Of Domestic Workers: Criminal And Civil Remedies In The United States, Martina E. Vandenberg, Sarah Bessell
Duke Journal of Comparative & International Law
No abstract provided.
Resolving The Tension Between Free Speech And Hate Speech: Assessing The Global Convergence Hypothesis, Anne E. Showalter
Resolving The Tension Between Free Speech And Hate Speech: Assessing The Global Convergence Hypothesis, Anne E. Showalter
Duke Journal of Comparative & International Law
No abstract provided.
Toward A Political Theory For Private International Law, John Linarelli
Toward A Political Theory For Private International Law, John Linarelli
Duke Journal of Comparative & International Law
Private international law presents a dilemma for legal and political philosophy. Legal and political philosophers have ignored private international law, with only a few scattered attempts to evaluate its claims. Private international law offers a powerful set of counterexamples that put into serious doubt attempts to link law’s authority only or primarily to relationships between states and citizens. No society, state, or other practice-mediated relationship can serve as grounds for the authority of private international law to persons to whom it applies but who are outside of such relationships. Private international law affects the normative situations of persons entirely outside …
The Director Duty Of Care In Qatar, Joel Slawotsky, Jon M. Truby
The Director Duty Of Care In Qatar, Joel Slawotsky, Jon M. Truby
Duke Journal of Comparative & International Law
In this age of globalization, cross-border investment and intense competition for capital, comparative corporate governance is an increasingly important topic. This Article examines and analyzes the duty of care for directors of publicly-traded companies, comparing Qatari law with Delaware law. It finds that Qatari law on the duty of care is deficient in several respects. Under current Qatari law, directors are liable for duty of care violations for “mistaken” business decisions. Neither gross negligence nor something more than mere negligence is required. Moreover, Qatari law makes these duties non-exculpatory. Thus, in comparison with Delaware, Qatari director obligations are riskier to …
Digital Tahrir Square: An Analysis Of Human Rights And The Internet Examined Through The Lens Of The Egyptian Arab Spring, Amy E. Cattle
Digital Tahrir Square: An Analysis Of Human Rights And The Internet Examined Through The Lens Of The Egyptian Arab Spring, Amy E. Cattle
Duke Journal of Comparative & International Law
No abstract provided.