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Full-Text Articles in Law

Immigration And National Security Law: Converging Approaches To State Power, Individual Rights, And Judicial Review, J. Hafetz Jan 2012

Immigration And National Security Law: Converging Approaches To State Power, Individual Rights, And Judicial Review, J. Hafetz

ILSA Journal of International & Comparative Law

Since the September 11, 2001 terrorist attacks, national security law has exploded as a field of study.


Desde Quisqueya Hacia Borinquena: Experience And Visibility Of Immigrant Dominican Women In Puerto Rico: Violence, Lucha And Hope In Their Own Voices, Sheila I. Velez Martinez Jan 2012

Desde Quisqueya Hacia Borinquena: Experience And Visibility Of Immigrant Dominican Women In Puerto Rico: Violence, Lucha And Hope In Their Own Voices, Sheila I. Velez Martinez

ILSA Journal of International & Comparative Law

According to the United Nations, (U.N.) more than 1.5 million Dominicans have migrated from the Island of La Espatiola, most living in the United States.


Disasters And Land Use Law: The Spanish Case In The European Union Legal Framework, Julio Ponce Jan 2012

Disasters And Land Use Law: The Spanish Case In The European Union Legal Framework, Julio Ponce

ILSA Journal of International & Comparative Law

Natural and man-made disasters are a major European worry, due to their increasing frequency and severity, as well as their impact on human life, destruction of economic and social infrastructures, and damage to the environment.


Is News Of "Sovereignty's Death" Exaggerated?, Itzchak Kornfeld Jan 2012

Is News Of "Sovereignty's Death" Exaggerated?, Itzchak Kornfeld

ILSA Journal of International & Comparative Law

Whether sovereignty is alive or dead may not be the appropriate question.


State And Local Regulation Of Immigration: The Need For A Bilateral (Reciprocal) Ratchet, David P. Weber Jan 2012

State And Local Regulation Of Immigration: The Need For A Bilateral (Reciprocal) Ratchet, David P. Weber

ILSA Journal of International & Comparative Law

The issue of federal preemption in the field of immigration has been swirling more and more strongly in academia, the courts, and even the public consciousness' ever since De Canas v. Bica was decided in 1976.


The Anti-Shari'a Movement And Oklahoma's Save Our State Amendment-Unconstitutional Discrimination Or Homeland Security?, Robert E. Michael Jan 2012

The Anti-Shari'a Movement And Oklahoma's Save Our State Amendment-Unconstitutional Discrimination Or Homeland Security?, Robert E. Michael

ILSA Journal of International & Comparative Law

Legislation by statute or state constitutional amendment prohibiting the application in state courts of an ill defined "Shariah Law" and/or "international law" has passed or is in the process in over twenty states.'


Expansive Reach-Useless Guidance: An Introduction To The U.K. Bribery Act 2010, Bruce W. Bean, Emma H. Macguidwin Jan 2012

Expansive Reach-Useless Guidance: An Introduction To The U.K. Bribery Act 2010, Bruce W. Bean, Emma H. Macguidwin

ILSA Journal of International & Comparative Law

Following two decades of incessant pressure from American diplomats, in 1997, the international Organization for Economic Cooperation and Development (OECD) completed negotiation of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions.


The Treaty Of Lisbon And Accession Of The European Union To The European Convention On Human Rights, Elizabeth F. Defeis Jan 2012

The Treaty Of Lisbon And Accession Of The European Union To The European Convention On Human Rights, Elizabeth F. Defeis

ILSA Journal of International & Comparative Law

The Treaty of Lisbon, adopted in December 2009, constitutes a major step in the development of the protection of Human Rights in Europe.


Who's Missing? Women With Disabilities In U.N. Security Council Resolution 1325 National Action Plans, Stephanie Ortoleva, Esq. Jan 2012

Who's Missing? Women With Disabilities In U.N. Security Council Resolution 1325 National Action Plans, Stephanie Ortoleva, Esq.

ILSA Journal of International & Comparative Law

Despite progress made through a series of United Nations Security Council Resolutions (UNSCR), beginning with the groundbreaking UNSCR 1325 in 2000,' to give women a place at the table in post-conflict peace building and reconciliation, women with disabilities are missing and ignored and have not had a role in these processes.


Responsibilty To Protect (R 2p) Comes Of Age? A Sceptic's View, John F. Murphy Jan 2012

Responsibilty To Protect (R 2p) Comes Of Age? A Sceptic's View, John F. Murphy

ILSA Journal of International & Comparative Law

As a young attorney in the Office of the Legal Adviser of the United States (U.S.) Department of State during the 1960s, I had the privilege and the pleasure of working with Don McHenry, then a young foreign service reserve officer and later U.S. Ambassador and Permanent Representative to the United Nations (U.N.).


Mr. Ban-Tear Down The U.N'S Wall Of Immunity/Impunity (Before A National Court Does)!!, Great L. Rios, Edward P. Flaherty Jan 2012

Mr. Ban-Tear Down The U.N'S Wall Of Immunity/Impunity (Before A National Court Does)!!, Great L. Rios, Edward P. Flaherty

ILSA Journal of International & Comparative Law

Immunity has been proven to be not only a living anachronism, but one which often leads to impunity for the worst kinds of rights violations.


Moudawan And Women's Rights In Morocco: Balancing National And International Law, Leila Hanafi Jan 2012

Moudawan And Women's Rights In Morocco: Balancing National And International Law, Leila Hanafi

ILSA Journal of International & Comparative Law

Morocco's 2004 Moudawana (family code) is undoubtedly a progressive piece of legislation for women in Morocco.


Transnational Surrpgacy And International Human Rights Law, Barbara Stark Jan 2012

Transnational Surrpgacy And International Human Rights Law, Barbara Stark

ILSA Journal of International & Comparative Law

Surrogacy refers to the process through which a woman intentionally becomes pregnant with a baby that she does not intend to keep.


Rule Of Law In Morocco: A Journey Towards A Better Judiciary Through The Implementation Of The 2011 Constitutional Reforms, Norman L. Greene Jan 2012

Rule Of Law In Morocco: A Journey Towards A Better Judiciary Through The Implementation Of The 2011 Constitutional Reforms, Norman L. Greene

ILSA Journal of International & Comparative Law

Judicial reform has historically been an important (but not the sole) component of rule of law reform, a decades old movement affecting the developing world, emerging (or not so emerging) democracies and post- conflict nations, and equally applicable to countries commonly identified as Western, including the United States.


Expanding The R2p Tool-Kit: New Political Possibilities And Attendant Legal Uncertainties, John Cerone Jan 2012

Expanding The R2p Tool-Kit: New Political Possibilities And Attendant Legal Uncertainties, John Cerone

ILSA Journal of International & Comparative Law

The international community has begun to live up to its name. Dramatic legal and political developments of the past fifty years have greatly expanded the array of tools available for responding to grave human rights situations internal to members of the community, and have manifested an increased willingness to deploy those tools to further the human rights values of the community.


Nuclear Disarmament And The United Nations Disarmament Machinery, Alicia Godsberg Jan 2012

Nuclear Disarmament And The United Nations Disarmament Machinery, Alicia Godsberg

ILSA Journal of International & Comparative Law

The United Nations (U.N.) was formed as World War II was ending with the lofty goal of preventing the scourge of war from ever again engulfing the world in global conflict.


The Future Of International Criminal Justice: The Crucial Role Of The United States, Judge Richard Goldstone Jan 2012

The Future Of International Criminal Justice: The Crucial Role Of The United States, Judge Richard Goldstone

ILSA Journal of International & Comparative Law

Eight or nine years ago the American Bar Association honored the then President of Romania, Emil Constantinescu, at a luncheon during its annual meeting in Atlanta.


Protecting The Protectors Or Victimizing The Victims Anew? "Material Support Of Terrorism" And Exclusion From Refugee Status In U.S. And European Courts, Tom Syring Jan 2012

Protecting The Protectors Or Victimizing The Victims Anew? "Material Support Of Terrorism" And Exclusion From Refugee Status In U.S. And European Courts, Tom Syring

ILSA Journal of International & Comparative Law

In recent years, the United States (U.S.) as well as European states have adopted numerous anti-terrorism laws based on concerns for national security, aimed at keeping persons with connections to terrorist networks out of the respective countries, or facilitating the forced return to their country of origin.


Property Of Self-Defense Targetings Of Members Of Al Qaeda And Applicable Principles Of Distinction And Proportionality, Jordan J. Paust Jan 2012

Property Of Self-Defense Targetings Of Members Of Al Qaeda And Applicable Principles Of Distinction And Proportionality, Jordan J. Paust

ILSA Journal of International & Comparative Law

The United States has engaged in the targeted killing of certain members of al Qaeda both within the theatre of an actual war in Afghanistan and parts of Pakistan, and outside the theatre of war as a matter of self-defense in areas such as Yemen, including the killing of United States national Anwar al-Awlaki in Yemen on September 30, 2011.'


Water Adequacy As An Essential Element For Empowering People, Nan Palmer, Ph.D. Jan 2012

Water Adequacy As An Essential Element For Empowering People, Nan Palmer, Ph.D.

ILSA Journal of International & Comparative Law

"Water is essential for life."' Safe drinking water is so imperative that without it human beings can only survive for just two to four days; even less if compromised by ill health, heat, and other impinging conditions.


Facebook Frenzy Around The World: The Different Implications Facebook Has On Law Students, Lawyers, And Judges, Tal Harari Jan 2012

Facebook Frenzy Around The World: The Different Implications Facebook Has On Law Students, Lawyers, And Judges, Tal Harari

ILSA Journal of International & Comparative Law

Over the last decade the use of social networking sites has swept the nation by providing users with the ability to "interact, connect, reconnect, communicate, and collaborate in various ways-such as through audio, words, pictures, or video-with friends, family, acquaintances, professional colleagues, and others."'


The Trillion- Dollar Question: Can Greece Be Saved?, Dominique Venetsanopoulos Jan 2012

The Trillion- Dollar Question: Can Greece Be Saved?, Dominique Venetsanopoulos

ILSA Journal of International & Comparative Law

What was once called the cradle of Western civilization is now known as the cradle of crisis.


Some Critical Thinking About A Human Rght To Water, Doug Donoho Jan 2012

Some Critical Thinking About A Human Rght To Water, Doug Donoho

ILSA Journal of International & Comparative Law

Last year student members of the Inter-American Center for Human Rights organized a symposium focused on the incipient "international right to water."


Water, Workship, And Wisdom: Indigenous Traditional Ecological Knowledge And The Human Right To Water, Rhett B. Larson Jan 2012

Water, Workship, And Wisdom: Indigenous Traditional Ecological Knowledge And The Human Right To Water, Rhett B. Larson

ILSA Journal of International & Comparative Law

Water is used in ceremonies or as a symbol in nearly every religious community.


The 2012 Philip C. Jessup Internaional Law Moot Court Competition, The Republic Of Aprophe, The Federal Republic Of Rantania Jan 2012

The 2012 Philip C. Jessup Internaional Law Moot Court Competition, The Republic Of Aprophe, The Federal Republic Of Rantania

ILSA Journal of International & Comparative Law

On behalf of the Republic of Aprophe ("the Applicant") and the Federal Republic of Rantania ("the Respondent"), in accordance with Article 40(1) of the Statute of the International Court of Justice, we have the honor to transmit to you an original of the Compromis for submission to the International Court of Justice of the Differences between the Applicant and the Respondent concerning the Mai-Tocao Temple, signed in The Hague, The Netherlands, on the twelfth day of September in the year two thousand eleven.


The 2012 Philip C. Jessup Internaional Law Moot Court Competition, The Republic Of Aprophe, The Federal Republic Of Rantania Jan 2012

The 2012 Philip C. Jessup Internaional Law Moot Court Competition, The Republic Of Aprophe, The Federal Republic Of Rantania

ILSA Journal of International & Comparative Law

The present dispute concerns the Mai-Tacao Temple ["the Temple"] complex, located on the border of the parties to these proceedings, the Republic of Aprophe ["Aprophe"], the Applicant in these proceedings, and the Federal Republic of Rantania ["Rantania"], the Respondent.


The 2012 Philip C. Jessup Internaional Law Moot Court Competition, The Republic Of Aprophe, The Federal Republic Of Rantania Jan 2012

The 2012 Philip C. Jessup Internaional Law Moot Court Competition, The Republic Of Aprophe, The Federal Republic Of Rantania

ILSA Journal of International & Comparative Law

The Republic of Aprophe ("Aprophe") and the Federal Republic of Rantania ("Rantania") hereby submit the present dispute to the International Court of Justice ("I.C.J.") pursuant to Article 40(1) of the Court's Statute, in accordance with the Compromis for submission to the I.C.J. of the differences concerning the Mai-Tocao Temple, signed in The Hague, The Netherlands, on the twelfth day of September in the year two thousand and eleven. Both States have accepted the jurisdiction of this Court pursuant to Article 36(1) of its Statute and Article XXV of the Peace Agreement of 1965.


When Is A Candidate For Public Office In Florida Officially Elected, Paul D. Asfour Jan 2012

When Is A Candidate For Public Office In Florida Officially Elected, Paul D. Asfour

Nova Law Review

No abstract provided.


Don King Productions, Inc. V. Walt Disney Co.: Reinforcement Of Actual Malice As The Seminal Defense To Public Figure Defamation Claims In Florida, Robert A. Rosenberg Jan 2012

Don King Productions, Inc. V. Walt Disney Co.: Reinforcement Of Actual Malice As The Seminal Defense To Public Figure Defamation Claims In Florida, Robert A. Rosenberg

Nova Law Review

No abstract provided.


Ex-Spouses Get Even: Proposal For Use Of Contempt In Florida's Equitable Distribution Decree, Jeannette Watkin Jan 2012

Ex-Spouses Get Even: Proposal For Use Of Contempt In Florida's Equitable Distribution Decree, Jeannette Watkin

Nova Law Review

No abstract provided.