Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 61 - 90 of 1554

Full-Text Articles in Law

An International Legal Framework For Se4all: Human Rights And Sustainable Development Law Imperatives, Thoko Kaime, Robert L. Glicksman Aug 2015

An International Legal Framework For Se4all: Human Rights And Sustainable Development Law Imperatives, Thoko Kaime, Robert L. Glicksman

Fordham International Law Journal

This Article examines the genesis and context of SE4All, placing the effort within both its historical and international policy contexts. It highlights the voluntary nature of the initiative and argues that its effective implementation and the achievement of its goals require the articulation of an applicable international legal framework that aids the transformation of SE4All’s policy actions into binding international legal commitments. The article contends that such a transformation does not depend on the creation of entirely new legal rules or institutions. Instead, an effective framework for successful implementation of SE4All can be derived from existing rules of international human …


The Crisis Response In Europe's Economic And Monetary Union: Overview Of Legal Developments, René Smits Jan 2015

The Crisis Response In Europe's Economic And Monetary Union: Overview Of Legal Developments, René Smits

Fordham International Law Journal

Writing about developments in Europe’s Economic and Monetary Union (“EMU”) at this juncture in time is a bold endeavour and a hazardous undertaking. ‘Bold’ because the developments are manifold, highly technical in nature and deeply contested among the players and the public—between Greeks and Germans, between mainstream political parties and (emerging) parties taking a different view, and between politicians and the electorate. ‘Hazardous’ as developments go so fast that these lines shall be partially outdated the moment they appear in published form. And yet, there is a need to explore and explain. That’s what this contribution seeks to do: to …


Beyond Self-Judgment: Exceptions Clauses In Us Bits, Catherine Jan 2015

Beyond Self-Judgment: Exceptions Clauses In Us Bits, Catherine

Fordham International Law Journal

No abstract provided.


Policing Sex: The Colonial, Apartheid, And New Democracy Policing Of Sex Work In South Africa, India Geronimo Thusi Jan 2015

Policing Sex: The Colonial, Apartheid, And New Democracy Policing Of Sex Work In South Africa, India Geronimo Thusi

Fordham International Law Journal

No abstract provided.


Deconstructing The Wto Conformity Obligation: A Theory Of Compliance As A Process, Julien Chaisse Jan 2015

Deconstructing The Wto Conformity Obligation: A Theory Of Compliance As A Process, Julien Chaisse

Fordham International Law Journal

No abstract provided.


(En)Gendering Suffering: Denial Of Abortion As A Form Of Cruel, Inhuman, Or Degrading Treatment, Alyson Zureick Jan 2015

(En)Gendering Suffering: Denial Of Abortion As A Form Of Cruel, Inhuman, Or Degrading Treatment, Alyson Zureick

Fordham International Law Journal

No abstract provided.


Justice Among The Ashes: How Government Compensation Facilities Can Bring Justice To Disaster Victims, Lindy Rouillard-Labbé Jan 2015

Justice Among The Ashes: How Government Compensation Facilities Can Bring Justice To Disaster Victims, Lindy Rouillard-Labbé

Fordham International Law Journal

No abstract provided.


The Politics Of Narrative: Law And The Representation Of Mexican Criminality, Deborah Weissman Jan 2015

The Politics Of Narrative: Law And The Representation Of Mexican Criminality, Deborah Weissman

Fordham International Law Journal

No abstract provided.


On The Public-Law Character Of Competition Law: A Lesson From Asian Capitalism, Michael W. Dowdle Jan 2015

On The Public-Law Character Of Competition Law: A Lesson From Asian Capitalism, Michael W. Dowdle

Fordham International Law Journal

No abstract provided.


The Living-Dead, Rivka Weill Jan 2015

The Living-Dead, Rivka Weill

Fordham International Law Journal

No abstract provided.


Making The Case For Antiestablishmentarianism: The Church And State In Norway, Julia L. Ernst Jan 2015

Making The Case For Antiestablishmentarianism: The Church And State In Norway, Julia L. Ernst

Fordham International Law Journal

No abstract provided.


How Domestic Courts Use International Law, Wayne Sandholtz Jan 2015

How Domestic Courts Use International Law, Wayne Sandholtz

Fordham International Law Journal

No abstract provided.


How Italian Colors Guts Private Antitrust Enforcement By Replacing It With Ineffective Forms Of Arbitration, Einer Elhauge Jan 2015

How Italian Colors Guts Private Antitrust Enforcement By Replacing It With Ineffective Forms Of Arbitration, Einer Elhauge

Fordham International Law Journal

The United States is becoming more like Europe, and not in a good way. For a long time, the central difference between antitrust enforcement in the United States and Europe has been that the United States features not only public enforcement, but a vigorous system of private antitrust enforcement, while in Europe, public agencies have had an effective monopoly on antitrust enforcement. But that difference is on the verge of collapsing. We are achieving a form of convergence; but contrary to expectations, this convergence is not coming from recent European efforts to facilitate private enforcement, which have not yet overcome …


Private Parties And The Free Movement Of Goods: Responsible, Irresponsible, Or A Lack Of Principles?, Laurence W. Gormley Jan 2015

Private Parties And The Free Movement Of Goods: Responsible, Irresponsible, Or A Lack Of Principles?, Laurence W. Gormley

Fordham International Law Journal

Whether the free movement of goods provisions in EU law apply to the acts of private parties has long been the subject of discussion in the literature, although for many years the discussion was rather inactive. However, because of developments in the case-law of the European Court of Justice on the other freedoms, the question of the extent to which actions of private parties are caught has become of particular interest. This Article addresses this debate and seeks to offer some guidance towards its resolution.


Eu Fundamental Rights And Member State Action After Lisbon: Putting The Ecj's Case Law In Its Context, Bernhard Schima Jan 2015

Eu Fundamental Rights And Member State Action After Lisbon: Putting The Ecj's Case Law In Its Context, Bernhard Schima

Fordham International Law Journal

Early in 2013, the Court of Justice of the European Union (“ECJ”) handed down two judgments on the same day which might contain the blueprint for the fundamental rights architecture of the European Union (“EU”) for years to come. Much has already been written about those judgments, and it appears appropriate at this time to evaluate their impact in light of their reception and subsequent developments of the case law. To that effect, this contribution will provide some elements of background before briefly presenting the two cases, commenting on their legal solidity, and recalling how they have been received. It …


Moving Forward The Un Guiding Principles For Business And Human Rights: Between Enterprise Social Norm, State Domestic Legal Orders, And The Treaty Law That Might Bind Them All, Larry Catá Backer Jan 2015

Moving Forward The Un Guiding Principles For Business And Human Rights: Between Enterprise Social Norm, State Domestic Legal Orders, And The Treaty Law That Might Bind Them All, Larry Catá Backer

Fordham International Law Journal

No abstract provided.


South Africa's Constitutional Jurisprudence And The Path To Democracy: An Annotated Interview With Dikgang Moseneke, Acting Chief Justice Of The Constitutional Court Of South Africa, Conor Colasurdo, Rebecca Marlin Jan 2014

South Africa's Constitutional Jurisprudence And The Path To Democracy: An Annotated Interview With Dikgang Moseneke, Acting Chief Justice Of The Constitutional Court Of South Africa, Conor Colasurdo, Rebecca Marlin

Fordham International Law Journal

No abstract provided.


To Judge Or Not To Judge: A Comparative Analysis Of Islamic Jurisprudential Approaches To Female Judges In The Muslim World (Indonesia, Egypt And Iran), Engy Abdelkader Jan 2014

To Judge Or Not To Judge: A Comparative Analysis Of Islamic Jurisprudential Approaches To Female Judges In The Muslim World (Indonesia, Egypt And Iran), Engy Abdelkader

Fordham International Law Journal

No abstract provided.


Narrowed Constellations In A Supranational Climate Change Regime Complex: The "Magic Number" Is Four, Myanna Dellinger Jan 2014

Narrowed Constellations In A Supranational Climate Change Regime Complex: The "Magic Number" Is Four, Myanna Dellinger

Fordham International Law Journal

No abstract provided.


Collective Criminality And Individual Responsibility: The Constraints Of Interpretation, Pamela J. Stephens Jan 2014

Collective Criminality And Individual Responsibility: The Constraints Of Interpretation, Pamela J. Stephens

Fordham International Law Journal

No abstract provided.


Getting Caught Between The Borders: The Proposed Exemption Of The Canadian Mutual Fund From The Passive Foreign Investment Company Rules, Stephanie Ray Jan 2014

Getting Caught Between The Borders: The Proposed Exemption Of The Canadian Mutual Fund From The Passive Foreign Investment Company Rules, Stephanie Ray

Fordham International Law Journal

No abstract provided.


Preferred Private Parts: Importing Intersex Autonomy For M.C. V. Aaronson, Ryan L. White Jan 2014

Preferred Private Parts: Importing Intersex Autonomy For M.C. V. Aaronson, Ryan L. White

Fordham International Law Journal

No abstract provided.


Investing In Human Rights: Using Bilateral Investment Treaties To Hold Multinational Corporations Liable For Labor Rights Violations, Sharon Hang Jan 2014

Investing In Human Rights: Using Bilateral Investment Treaties To Hold Multinational Corporations Liable For Labor Rights Violations, Sharon Hang

Fordham International Law Journal

No abstract provided.


Panel On China And The Fcpa: Emerging Trends In Fcpa Enforcement, Thomas O. Gorman Jan 2014

Panel On China And The Fcpa: Emerging Trends In Fcpa Enforcement, Thomas O. Gorman

Fordham International Law Journal

No abstract provided.


The Recursivity Of Reform: China's Amended Labor Contract Law, Virginia Harper Ho, Huang Qiaoyan Jan 2014

The Recursivity Of Reform: China's Amended Labor Contract Law, Virginia Harper Ho, Huang Qiaoyan

Fordham International Law Journal

No abstract provided.


People's Grand Jury Panels And The State's Inquisitorial Institutions: Prosecution Review Commissions In Japan And People's Supervisors In China, Hiroshi Fukurai, Zhuoyu Wang Jan 2014

People's Grand Jury Panels And The State's Inquisitorial Institutions: Prosecution Review Commissions In Japan And People's Supervisors In China, Hiroshi Fukurai, Zhuoyu Wang

Fordham International Law Journal

No abstract provided.


How Taiwan's Constitutional Court Reined In Police Power: Lessons For The People's Republic Of China, Margaret K. Lewis, Jerome A. Cohen Jan 2014

How Taiwan's Constitutional Court Reined In Police Power: Lessons For The People's Republic Of China, Margaret K. Lewis, Jerome A. Cohen

Fordham International Law Journal

No abstract provided.


The Past, Present, And Future Of Eu Enlargement, Frank Emmert, Siniša Petrović Jan 2014

The Past, Present, And Future Of Eu Enlargement, Frank Emmert, Siniša Petrović

Fordham International Law Journal

No abstract provided.


A Busted Flush: Regulation Of Online Gambling In The European Union, Katherine A. Lovejoy Jan 2014

A Busted Flush: Regulation Of Online Gambling In The European Union, Katherine A. Lovejoy

Fordham International Law Journal

No abstract provided.


Not Just The Luck Of The Irish: A Contractual Solution To The Problems Of Sovereign Debt Restructuring, Katherine Crispi Jan 2014

Not Just The Luck Of The Irish: A Contractual Solution To The Problems Of Sovereign Debt Restructuring, Katherine Crispi

Fordham International Law Journal

No abstract provided.