Law Commons^™

Studying Is Dangerous? Possible Federal Remedies For Study Abroad Liability, Robert J. Aalberts, Chad G. Marzen, Darren A. Prum

Chad G. Marzen

Every year, thousands of U.S. students study abroad for academic credit. Study abroad programs have traditionally garnered strong congressional support, and proponents of the programs emphasize the educational, cultural, and diplomatic benefits from study abroad experiences.

Despite the many benefits of study abroad programs, risks are incurred overseas. In the past several years, a number of incidents have resulted in which students studying abroad have not only incurred physical harm, but in some instances have died while enrolled in a study abroad program. The current liability standards governing study abroad programs are murky. This article not only discusses the various …

Demanding Individual Rights And Civil Liberties: An Iranian Approach, Zahra Takhshid

Zahra Takhshid

Iran has a long history of social movements and revolutions. The 1906 Constitutional Revolution led to the recognition of individual rights as part of Iran’s first Constitution. With the Islamic Revolution of 1979, a new constitution was enacted, which devoted one chapter to “the Rights of the Nation.”

The Constitution has introduced several methods to protect the recognized rights: the Guardian Council, the Tribunal of Administrative Justice, and the Commission of Article 90.

In addition to the institutions introduced in the Constitution, the Legislature and the Executive branch proposed new safeguarding procedures and adopted new statutes, which recognized broader range …

Between Law And Religion: Procedural Challenges To Religious Arbitration Awards, Michael Helfand

Michael A Helfand

This Essay presented at the Sharia and Halakha in America Conference explores the unique status of religious law as a hybrid concept that simultaneously retains the characteristics of both law and religion. To do so, the Article considers as a case study how courts should evaluate procedural challenges to religious arbitration awards. To respond to such challenges, courts must treat religious law as law when defining the contractually adopted religious procedural rules and treat religious law as religion when reviewing precisely what the religious procedural rules require. On this account, constitutional and arbitration doctrine combine to insulate religious arbitration awards …

Perspectives On International Students' Interest In U.S. Legal Education: Shifting Incentives And Influence, Carole Silver

Carole Silver

This article seeks to situate the shift to international students in U.S. law school SJD programs within the larger context of globalization and higher education, and was published as a comment on Gail Hupper’s article on “Educational Ambivalence: The Rise of a Foreign-Student Doctorate in Law.” Broadening the framework of analysis allows consideration of the competing factions and opportunities that explain the developing international market for legal education. In addition, this wider lens also offers insight into the incentives shaping new investments in legal (and higher) education, including Yale Law School’s new PhD in law.

Global Economic Inequality And The Potential For Global Democracy: A Functionalist Analysis, Andrew Strauss

Andrew L. Strauss

No abstract provided.

Thinking Globally, Policy Locally: A Plan For Decentralized Law Enforcement In Côte D’Ivoire, __ J. Of Int’L Bus. & L. __ (Forthcoming 2015), Hugh Mundy

Hugh Mundy

During a 2009 speech in Ghana, President Barack Obama said, “Africa doesn’t need strongmen. It needs strong institutions.” Obama credited Ghana’s “impressive rates of growth” to the country’s “repeated peaceful transfers of power even in the wake of closely contested elections.” Free elections and non-violent power transfers, he said, “may lack the drama of the twentieth century’s liberation struggles” but “will ultimately be more significant.” Last July, the president expressed similar sentiments during a highly anticipated trip to Kenya. Côte d’Ivoire offers a stark example of the instability wrought when an unseated leader refuses to cede power. Once hailed as …

The Process Of International Law-Making: The Relationship Between The International Court Of Justice And The International Law Commission, Marija Dordeska

Dr Marija Dordeska

Balancing Domestic Nuclear Industry Viability With International Security: Imminent Changes To Nuclear Export Control Regulations, Brendan Burke

Brendan Burke

In August 2013, the Department of Energy promulgated a supplemental notice of proposed rulemaking to revise the Code of Federal Regulations title 10, part 810 (part 810). Part 810 controls the export of technology pertaining to special nuclear material (SNM) and its production outside the United States by U.S. citizens or corporations. Its purpose is to protect national security interests relating to nuclear non- proliferation while facilitating civil nuclear trade. The most noteworthy changes in the proposed revision pertain to how potential trade partner host countries are classified. This classification directly affects the volume of regulatory requirements applicable to transac- …

Researching Law's Special Issue On "We Want What's Ours", Bernadette Atuahene

Bernadette Atuahene

Researching Law is a socio-legal magazine published by the American Bar Foundation.

Political Community In Carl Schmitt's International Legal Thinking, Markus Gunneflo

Markus Gunneflo

The Persistence Of Sovereignty And The Rise Of The Legal Subject, Michael A. Helfand

Michael A Helfand

Several states have considered bills aimed at preventing courts from enforcing, considering, or relying on both religious and international law. This legislative pushback on international and religious law reflects a concerted effort to consolidate legal authority by asserting the state as the only source of legitimate law. As the core of this controversy stands an age-old philosophical dispute over the relationship between sovereignty and law: Does state sovereignty preclude the possibility of law both above the state – that is, international law – and below the state – that is, religious and customary law? This tension tracks a long-standing fissure …