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Full-Text Articles in Law

The Mexican Petroleum License Of 2013: A Step To The Past To Bring Mexico Into The Present And The Grounds For An Uncertain Future, Guillermo Garcia Sanchez Dec 2019

The Mexican Petroleum License Of 2013: A Step To The Past To Bring Mexico Into The Present And The Grounds For An Uncertain Future, Guillermo Garcia Sanchez

Guillermo J. Garcia Sanchez

Petroleum in Mexico is not only a resource that has been used and abused by the State to finance its operations; petroleum runs in the veins of its national identity—oil rigs, barrels, and the State-owned company’s eagle are present in monuments across the nation and featured on coins and circulation bills.Official history books tell the story of how the Mexican revolution was fought partly to regain control of the hydrocarbons sector, which in 1910 was dominated by international oil companies. Consequently, to understand the legal nature of the Mexican petroleum license, one needs to review the history ...


Youth Activism, Art And Transitional Justice: Emerging Spaces Of Memory After The Jasmine Revolution, Arnaud Kurze Oct 2019

Youth Activism, Art And Transitional Justice: Emerging Spaces Of Memory After The Jasmine Revolution, Arnaud Kurze

Arnaud Kurze

This chapter explores the creation of alternative transitional justice spaces in post-conflict contexts, particularly concentrating on the role of art and the impact of social movements to address human rights abuses. Drawing from post-authoritarian Tunisia, it scrutinizes the work of contemporary youth activists and artists to deal with the past and foster sociopolitical change. Although these vanguard protesters provoked the overthrow of President Zine El Abdine Ben Ali in 2011, the power vacuum was quickly filled by old elites. The exclusion of young revolutionaries from political decision-making led to unprecedented forms of mobilization to account for repression and injustice under ...


Trade And The Separation Of Powers, Timothy Meyer, Ganesh Sitaraman Oct 2019

Trade And The Separation Of Powers, Timothy Meyer, Ganesh Sitaraman

Ganesh Sitaraman

There are two paradigms through which to view trade law and policy within the American constitutional system. One paradigm sees trade law and policy as quintessentially about domestic economic policy. Institutionally, under the domestic economics paradigm, trade law falls within the province of Congress, which has legion Article I authorities over commercial matters. The second paradigm sees trade law as fundamentally about America’s relationship with foreign countries. Institutionally, under the foreign affairs paradigm, trade law is the province of the President, who speaks for the United States in foreign affairs. While both paradigms have operated throughout American history, the ...


The Arrival Of "Statelessness Studies"?, David C. Baluarte Oct 2019

The Arrival Of "Statelessness Studies"?, David C. Baluarte

David Baluarte

In this symposium contribution, the author provides a view that the study of statelessness has emerged as a multi-disciplinary field and urge that we institutionalize it as such. Statelessness is fundamentally a legal concept. The definition of ‘stateless person’ specifically refers to the operation of law, and the protections envisioned by both the 1954 and 1961 Conventions afforded to stateless persons are legal in nature. At the same time, formal legal reasoning has proven inadequate to fully understand statelessness and protect stateless persons. Moreover, factual statelessness enjoys few legal protections, but is essential to a more robust understanding of nationality ...


The Legal Dilemma Of Guantánamo Detainees From Bush To Obama, Linda A. Malone Oct 2019

The Legal Dilemma Of Guantánamo Detainees From Bush To Obama, Linda A. Malone

Linda A. Malone

No abstract provided.


Talk Loudly And Carry A Small Stick: The Supreme Court And Enemy Combatants, Neal Devins Sep 2019

Talk Loudly And Carry A Small Stick: The Supreme Court And Enemy Combatants, Neal Devins

Neal E. Devins

No abstract provided.


The International Judicial Dialogue: When Domestic Constitutional Courts Join The Conversation, Tara Leigh Grove Sep 2019

The International Judicial Dialogue: When Domestic Constitutional Courts Join The Conversation, Tara Leigh Grove

Tara L. Grove

No abstract provided.


Evaluating Flexibility In International Patent Law, Sarah R. Wasserman Rajec Sep 2019

Evaluating Flexibility In International Patent Law, Sarah R. Wasserman Rajec

Sarah R. Wasserman Rajec

Global patent law has raced toward harmonization over the past decades. Countries with vastly different industries, values, and levels of development now offer robust patent rights with similar contours through membership in the World Trade Organization and consequent adoption of the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”). However, patent law is still far from harmonized among countries or static within countries. Jurisdictions tailor their patent laws to accommodate differences between industries, unforeseen inefficiencies, and diverse views of the costs and benefits associated with offering patent rights to stimulate innovation. Prior scholarly work consists of either doctrinal analyses ...


Infringement, Unbound, Sarah R. Wasserman Rajec Sep 2019

Infringement, Unbound, Sarah R. Wasserman Rajec

Sarah R. Wasserman Rajec

No abstract provided.


How To Judge Shari'a Contracts: A Guide To Islamic Marriage Agreements In American Courts, Nathan B. Oman Sep 2019

How To Judge Shari'a Contracts: A Guide To Islamic Marriage Agreements In American Courts, Nathan B. Oman

Nathan B. Oman

This Article thus has two goals. The first is to show how the Muslim conception of marriage diverges from the Christian-influenced norms that dominate American law and society. Understanding this divergence provides a necessary background to Islamic mahr contracts. The second goal is to provide lawyers and judges with a doctrinal framework within our current law for analyzing these contracts and reaching sensible results in concrete cases.


Annan Leaves Door Open For U.S. Action, Alan J. Meese Sep 2019

Annan Leaves Door Open For U.S. Action, Alan J. Meese

Alan J. Meese

No abstract provided.


The Magna Carta Turns 800, John Hockenberry, Thomas J. Mcsweeney Sep 2019

The Magna Carta Turns 800, John Hockenberry, Thomas J. Mcsweeney

Thomas J. McSweeney

No abstract provided.


Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus Sep 2019

Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus

Paul Marcus

No abstract provided.


Economic Hardship As Coercion Under The Protocol On International Trafficking In Persons By Organized Crime Elements, Linda A. Malone Sep 2019

Economic Hardship As Coercion Under The Protocol On International Trafficking In Persons By Organized Crime Elements, Linda A. Malone

Linda A. Malone

No abstract provided.


The Waters Of Antarctica: Do They Belong To Some States, No States, Or All States?, Linda A. Malone Sep 2019

The Waters Of Antarctica: Do They Belong To Some States, No States, Or All States?, Linda A. Malone

Linda A. Malone

Major issues and complexities arise when one is looking at the international puzzle that is Antarctica. Despite being uninhabited year round and lacking substantial long-term international law rules for sovereignty, states still try to claim their sovereignty over various parts of Antarctica. The consortium of states under the Antarctica Treaty System (“ATS”) then further aggravates these complexities, especially when other states outside of the ATS have been arguing for different regimes and approaches to dealing with Antarctica and resource exploitation. Due to these major issues and a desperate need for a resolution in times of global climate change, this Article ...


Trying To Try Sharon, Linda A. Malone Sep 2019

Trying To Try Sharon, Linda A. Malone

Linda A. Malone

No abstract provided.


The Legal Frontiers Of Gender-Based Violence, Persecution, And Discrimination, Linda A. Malone Sep 2019

The Legal Frontiers Of Gender-Based Violence, Persecution, And Discrimination, Linda A. Malone

Linda A. Malone

No abstract provided.


The Legal Dilemma Of Guantanamo Detainees From Bush To Obama, Linda A. Malone Sep 2019

The Legal Dilemma Of Guantanamo Detainees From Bush To Obama, Linda A. Malone

Linda A. Malone

The stage for the Guantanamo detainees’ commission proceedings was set by the interplay between the Executive’s detention powers and the Judiciary’s habeas powers. The Bush administration turned to Congress to provide less than what was required by the court, instead of the minimum deemed necessary to comply with each decision, or to explore another legal argument for not complying. This article examines how the law for the Guantanamo detainees has been shaped by the US courts and by Congress. The article begins by observing the guidelines issued by the Supreme Court for compliance with the constitutional and humanitarian ...


The Kahan Report: Justice Denied, Linda A. Malone Sep 2019

The Kahan Report: Justice Denied, Linda A. Malone

Linda A. Malone

No abstract provided.


The Emperor’S New Clothes: The Variety Of Stakeholders In Climate Change Regulation Assuming The Mantle Of Federal And International Authority, Linda A. Malone Sep 2019

The Emperor’S New Clothes: The Variety Of Stakeholders In Climate Change Regulation Assuming The Mantle Of Federal And International Authority, Linda A. Malone

Linda A. Malone

In June 2017, President Donald Trump announced the United States would be withdrawing from the Paris Climate Accord. President Trump believes the United States should be more focused on its economic wellbeing than on environmental concerns. Since being elected, President Trump has, with the help of the Environmental Protection Agency, been rolling back, or attempting to roll back, major climate change regulations. However, this Article points out that due to factors such as international law, the United States Constitution, and the Administrative Procedure Act, one cannotjust simply withdraw from an international agreement, such as the Paris Accord, or take back ...


The Kahan Report, Ariel Sharon And The Sabra-Shatilla Massacres In Lebanon: Responsibility Under International Law For Massacres Of Civilian Populations, Linda A. Malone Sep 2019

The Kahan Report, Ariel Sharon And The Sabra-Shatilla Massacres In Lebanon: Responsibility Under International Law For Massacres Of Civilian Populations, Linda A. Malone

Linda A. Malone

No abstract provided.


The Chernobyl Accident: A Case Study In International Law Regulating State Responsibility For Transboundary Nuclear Pollution, Linda A. Malone Sep 2019

The Chernobyl Accident: A Case Study In International Law Regulating State Responsibility For Transboundary Nuclear Pollution, Linda A. Malone

Linda A. Malone

No abstract provided.


Sharon Vs Time: The Criminal Responsibility Under International Law For Civilian Massacres, Linda A. Malone Sep 2019

Sharon Vs Time: The Criminal Responsibility Under International Law For Civilian Massacres, Linda A. Malone

Linda A. Malone

No abstract provided.


Seeking Reconciliation Of Self-Determination, Territorial Integrity, And Humanitarian Intervention (Introduction To Special Project: Humanitarian Intervention And Kosovo), Linda A. Malone Sep 2019

Seeking Reconciliation Of Self-Determination, Territorial Integrity, And Humanitarian Intervention (Introduction To Special Project: Humanitarian Intervention And Kosovo), Linda A. Malone

Linda A. Malone

No abstract provided.


The Appointment Of General Yaron: Continuing Impunity For The Sabra And Shatilla Massacres, Linda A. Malone Sep 2019

The Appointment Of General Yaron: Continuing Impunity For The Sabra And Shatilla Massacres, Linda A. Malone

Linda A. Malone

No abstract provided.


Reflections On The Jeffersonian Ideal Of An Agrarian Democracy And The Emergence Of An Agricultural And Environmental Ethic In The 1990 Farm Bill, Linda A. Malone Sep 2019

Reflections On The Jeffersonian Ideal Of An Agrarian Democracy And The Emergence Of An Agricultural And Environmental Ethic In The 1990 Farm Bill, Linda A. Malone

Linda A. Malone

No abstract provided.


Protecting The Least Respected: The Girl Child And The Gender Bias Of The Vienna Convention's Adoption And Reservation Regime, Linda A. Malone Sep 2019

Protecting The Least Respected: The Girl Child And The Gender Bias Of The Vienna Convention's Adoption And Reservation Regime, Linda A. Malone

Linda A. Malone

No abstract provided.


Responsibility To Protect, Libya To Japan, Linda A. Malone Sep 2019

Responsibility To Protect, Libya To Japan, Linda A. Malone

Linda A. Malone

No abstract provided.


Maturing Justice: Integrating The Convention On The Rights Of The Child Into The Judgments And Processes Of The International Criminal Court, Linda A. Malone Sep 2019

Maturing Justice: Integrating The Convention On The Rights Of The Child Into The Judgments And Processes Of The International Criminal Court, Linda A. Malone

Linda A. Malone

No abstract provided.


Human Rights In The Middle East, Linda A. Malone Sep 2019

Human Rights In The Middle East, Linda A. Malone

Linda A. Malone

No abstract provided.