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Full-Text Articles in Law
The United States As A Refuge State For Child Abductors: Why The United States' Fails To Meet Its Own Expectations Relative To The Hague Convention, Andrew Zashin
Faculty Publications
This paper asserts that the only way true progress can be made regarding this problem is for the United States to acknowledge that this serious problem actually exists. One has to look beyond the feel-good statistics and congratulatory press releases to see that the existing system, including the application of the Hague Convention on Child Abduction, fails LBPs. Until the nature and scope of the problem is identified and examined, the United States will continue to be a refuge state for child abductors.
Accelerated Formation Of Customary International Law, Michael P. Scharf
Accelerated Formation Of Customary International Law, Michael P. Scharf
Faculty Publications
This article examines the phenomenon of accelerated formation of customary international law. It argues that in periods of fundamental change (which the author characterizes as "Grotian Moments"), whether by technological advances, the commission of new forms of crimes against humanity, or the development of new means of warfare or terrorism, customary international law may form much more rapidly and with less state practice than is normally the case to keep up with the pace of developments. The article examines several case studies that explore the application and contours of the concept of "Grotian Moments."
International Human Rights Law In Japan: The View At Thirty, Timothy Webster
International Human Rights Law In Japan: The View At Thirty, Timothy Webster
Faculty Publications
Japanese courts have become increasingly open to the use of international human rights law in the past two decades. This paper examines several of the key decisions that reflect the judiciary's embrace of international law, particularly in the areas of criminal procedure and minority rights. I argue that the judiciary has eclipsed the other branches of government as the primary disseminator of human rights norms in Japan.
Bus Bombings And A Baby's Custody: Insidious Victories For Terrorism In The Context Of International Custody Disputes, Andrew Zashin
Bus Bombings And A Baby's Custody: Insidious Victories For Terrorism In The Context Of International Custody Disputes, Andrew Zashin
Faculty Publications
This article will address the problematic intersection of terrorism and child custody battles. The most immediate consequences of a terrorist attack are loved ones lost and buildings reduced to rubble. These losses are devastating, shocking and scary. But to end an analysis of terrorist victories with a body count is a fatal mistake. Americans fervently shout we cannot let "them" win, but how do we decide if they are winning? What do the terrorists want? It is not the goal of terrorists to simply kill Americans, causing death and destruction. That is merely a horrific means to their end. Terrorists …
Babes With Arms: International Law And Child Soldiers, Timothy Webster
Babes With Arms: International Law And Child Soldiers, Timothy Webster
Faculty Publications
This article examines advances in preventing children from participating in armed conflict. It references international human rights treaties, UN Security Council resolutions and jurisprudence from international courts to chart the course by which recruiting child soldiers became an international crime. At the same time, it calls on UN bodies – and the states that comprise them – to implement some of the many resolutions and veiled threats leveled at various groups and militias that use child soldiers.
The Interstellar Relations Of The Federation: International Law And Star Trek: The Next Generation, Michael P. Scharf, Lawrence D. Roberts
The Interstellar Relations Of The Federation: International Law And Star Trek: The Next Generation, Michael P. Scharf, Lawrence D. Roberts
Faculty Publications
A recent University of Toledo Law Review article concerning the legal issues
dealt with in the television series Star Trek: The Next Generation (STNG)
became an overnight national sensation. Given that, during its seven seasons of
first-run episodes; STNG had been the most popular syndicated series on
American television, it is perhaps not surprising that the article should engender
so much public attention. The article, written by law professors Paul Joseph and Sharon Carton of Nova Southeastern University Law School, was not intended as however. Rather, it was a serious examination of the way STNG United Federation of Planets dealt …