Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Nevada, Las Vegas -- William S. Boyd School of Law (16)
- Notre Dame Law School (9)
- Touro University Jacob D. Fuchsberg Law Center (9)
- Roger Williams University (8)
- University of Kentucky (5)
-
- William & Mary Law School (4)
- Columbia Law School (3)
- Texas A&M University School of Law (3)
- University of Arkansas at Little Rock William H. Bowen School of Law (3)
- University of Colorado Law School (3)
- University of Georgia School of Law (3)
- University of Pittsburgh School of Law (3)
- Boston University School of Law (2)
- Florida International University College of Law (2)
- Penn State Law (2)
- University of Baltimore Law (2)
- University of Missouri School of Law (2)
- Loyola University Chicago (1)
- Maurer School of Law: Indiana University (1)
- Pace University (1)
- Schulich School of Law, Dalhousie University (1)
- St. John's University School of Law (1)
- University of Massachusetts School of Law (1)
- University of Nebraska - Lincoln (1)
- Wayne State University (1)
- Publication Year
- Publication
-
- Scholarly Works (26)
- Faculty Scholarship (11)
- Journal Articles (11)
- Faculty Publications (9)
- Life of the Law School (1993- ) (6)
-
- Law Faculty Scholarly Articles (5)
- All Faculty Scholarship (2)
- Articles (2)
- Law Library Newsletters/Blog (2)
- Articles by Maurer Faculty (1)
- Articles, Book Chapters, & Popular Press (1)
- Book Chapters (1)
- Boyd Briefs / Road Scholars (1)
- Center for the Human Rights of Children (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Indigenous Water Justice Symposium (June 6) (1)
- LLM Theses and Essays (1)
- Law Faculty Research Publications (1)
- Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10) (1)
- Publications (1)
- Space, Cyber, and Telecommunications Law Program: Dissertations, Theses, and Student Research (1)
- William & Mary Annual Tax Conference (1)
Articles 1 - 30 of 87
Full-Text Articles in Law
Law Library Blog (March 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (March 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Drawing The Line Between Talent And Desire 09-23-2022, Michelle Choate
Drawing The Line Between Talent And Desire 09-23-2022, Michelle Choate
Life of the Law School (1993- )
No abstract provided.
Law School News: Sanctions On Russia: Imperfect But Necessary 03-02-2022, Gregory W. Bowman
Law School News: Sanctions On Russia: Imperfect But Necessary 03-02-2022, Gregory W. Bowman
Life of the Law School (1993- )
No abstract provided.
An Ngo Input For The Special Rapporteur For The Human Rights Of Migrants To The Office Of The United Nations High Commissioner For Human Rights Report On Human Rights Violations At International Borders: Trends, Prevention, And Accountability, Katherine Kaufka Walts, Sarah J. Diaz, Abigail Mitchell
An Ngo Input For The Special Rapporteur For The Human Rights Of Migrants To The Office Of The United Nations High Commissioner For Human Rights Report On Human Rights Violations At International Borders: Trends, Prevention, And Accountability, Katherine Kaufka Walts, Sarah J. Diaz, Abigail Mitchell
Center for the Human Rights of Children
The Center for the Human Rights of Children, in collaboration with Kids in Need of Defense (KIND) and the Young Center for Immigrant Children’s Rights (“Young Center”) submits this input in response to the call for submissions made by the Special Rapporteur on the Human Rights of Migrants to inform the forthcoming report to the 50th session of the Human Rights Council regarding the United States’ current border management policies that aim to prevent migration atthe southern border. This input will focus on United States’ push back methods, namely the recently reimplemented Migrant Protection Protocols (MPP) otherwise known as “Remain …
Changemakers: The Line Between Talent And Desire, Roger Williams University School Of Law
Changemakers: The Line Between Talent And Desire, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Decolonizing Indigenous Migration, Angela R. Riley, Kristen A. Carpenter
Decolonizing Indigenous Migration, Angela R. Riley, Kristen A. Carpenter
Publications
As global attention turns increasingly to issues of migration, the Indigenous identity of migrants often remains invisible. At the U.S.-Mexico border, for example, a significant number of the individuals now being detained are people of indigenous origin, whether Kekchi, Mam, Achi, Ixil, Awakatek, Jakaltek or Qanjobal, coming from communities in Venezuela, Honduras, Guatemala and other countries. They may be leaving their homelands precisely because their rights as Indigenous Peoples, for example the right to occupy land collectively and without forcible removal, have been violated. But once they reach the United States, they are treated as any other migrants, without regard …
Family Law Disputes Between International Couples In U.S. Courts, Rhonda Wasserman
Family Law Disputes Between International Couples In U.S. Courts, Rhonda Wasserman
Articles
Increasing mobility, migration, and growing numbers of international couples give rise to a host of family law issues. For instance, when marital partners are citizens of different countries, or live outside the country of which they are citizens, or move between countries, courts must first determine if they have jurisdiction to hear divorce or child custody actions. Given that countries around the world are governed by different legal regimes, such as the common law system, civil codes, religious law, and customary law, choice of law questions also complicate family litigation. This short article addresses the jurisdictional and other conflicts issues …
Law School News: Distinguished Research Professor: John Chung 05-24-2020, Michael M. Bowden
Law School News: Distinguished Research Professor: John Chung 05-24-2020, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Law School News: Dennis W. Nixon: Doctor Of Laws, Honoris Causa 05-09-2020, Roger Williams University School Of Law
Law School News: Dennis W. Nixon: Doctor Of Laws, Honoris Causa 05-09-2020, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Presidential Use Of Force In East Asia: American Constitutional Law And The U.S.-Japan Alliance, Matthew C. Waxman
Presidential Use Of Force In East Asia: American Constitutional Law And The U.S.-Japan Alliance, Matthew C. Waxman
Faculty Scholarship
The U.S. Constitution’s allocation of military authority has adapted over time to major shifts in American power and grand strategy. This paper explains, with a focus on U.S. military actions in East Asia and possible scenarios of special joint concern to the United States and Japan, that the president in practice wields tremendous power and discretion in using military force. Although formal, legal checks on the president’s use of force rarely come into play, Congress nevertheless retains some political power to influence presidential decision-making. The president’s powers are also constrained by interagency processes within the executive branch, and alliance relations …
Law Library Blog (February 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (February 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
The New Singapore Mediation Convention: The Process And Key Choices, Harold Abramson
The New Singapore Mediation Convention: The Process And Key Choices, Harold Abramson
Scholarly Works
No abstract provided.
Introduction: Singapore Convention Reference Book, Harold Abramson
Introduction: Singapore Convention Reference Book, Harold Abramson
Scholarly Works
No abstract provided.
Symposium: The Future Of The New International Tax Regime, Rosanne Altshuler, Fadi Shaheen, Jeffrey Colon, Michael Graetz, Rebecca Kysar, Susan Morse, Daniel Shaviro, Richard Phillips, Daniel Rolfes, Daniel Rosenbloom, Stephen Shay, Steven Dean
Symposium: The Future Of The New International Tax Regime, Rosanne Altshuler, Fadi Shaheen, Jeffrey Colon, Michael Graetz, Rebecca Kysar, Susan Morse, Daniel Shaviro, Richard Phillips, Daniel Rolfes, Daniel Rosenbloom, Stephen Shay, Steven Dean
Faculty Scholarship
The symposium was held at Fordham University School of Law on October 26, 2018. It has been edited to remove minor cadences of speech that appear awkward in writing and to provide sources and references to other explanatory materials in respect to certain statements made by the speakers.
International Provisions Of Public Law No. 115-97 (The “Tcja”) (Powerpoint), William B. Sherman
International Provisions Of Public Law No. 115-97 (The “Tcja”) (Powerpoint), William B. Sherman
William & Mary Annual Tax Conference
No abstract provided.
Infringement, Unbound, Sarah R. Wasserman Rajec
Infringement, Unbound, Sarah R. Wasserman Rajec
Faculty Publications
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
The Emperor’S New Clothes: The Variety Of Stakeholders In Climate Change Regulation Assuming The Mantle Of Federal And International Authority, Linda A. Malone
Faculty Publications
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 …
Newsroom: Interrogation Expert Warns Against Use Of Torture 2-2-2018, Roger Williams University School Of Law
Newsroom: Interrogation Expert Warns Against Use Of Torture 2-2-2018, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Due Process Abroad, Nathan Chapman
Due Process Abroad, Nathan Chapman
Scholarly Works
Defining the scope of the Constitution’s application outside U.S. territory is more important than ever. This month the Supreme Court will hear oral argument about whether the Constitution applies when a U.S. officer shoots a Mexican child across the border. Meanwhile the federal courts are scrambling to evaluate the constitutionality of an Executive Order that, among other things, deprives immigrants of their right to reenter the United States. Yet the extraterritorial reach of the Due Process Clause — the broadest constitutional limit on the government’s authority to deprive persons of “life, liberty, and property” — remains obscure. Up to now, …
Carpenter Privacy Case Vexes Justices, While Tech Giant Microsoft Battles Government In Second U.S. Supreme Court Privacy Case With International Implications, Richard J. Peltz-Steele
Carpenter Privacy Case Vexes Justices, While Tech Giant Microsoft Battles Government In Second U.S. Supreme Court Privacy Case With International Implications, Richard J. Peltz-Steele
Faculty Publications
Fall 2017 saw a major privacy case with international implications reach the U.S. Supreme Court this term, Carpenter v. United States. Now a second such case pits the Government against Big Tech in United States v. Microsoft. Carpenter is a criminal case involving federal seizure of cell phone location data from service providers. Arising under the “reasonable grounds” provision of the Stored Communications Act (SCA), the case accentuates Americans’ lack of constitutional protection for personal data in third-party hands, in contrast with emerging global privacy norms. The second major privacy case headed for Supreme Court decision in 2018 also arises …
Corporate Criminal Responsibility For Human Rights Violations: Jurisdiction And Reparations, Kenneth S. Gallant
Corporate Criminal Responsibility For Human Rights Violations: Jurisdiction And Reparations, Kenneth S. Gallant
Faculty Scholarship
No abstract provided.
Agenda: Indigenous Water Justice Symposium, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Agenda: Indigenous Water Justice Symposium, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Indigenous Water Justice Symposium (June 6)
Indigenous peoples throughout the world face diverse and often formidable challenges of what might be termed “water justice.” On one hand, these challenges involve issues of distributional justice that concern Indigenous communities’ relative abilities to access and use water for self-determined purposes. On the other hand, issues of procedural justice are frequently associated with water allocation and management, encompassing fundamental matters like representation within governance entities and participation in decision-making processes. Yet another realm of water justice in which disputes are commonplace relates to the persistence of, and respect afforded to, Indigenous communities’ cultural traditions and values surrounding water—more specifically, …
The How’S And Why’S Of International Cooperation In Outer Space: International Legal Forms Of Cooperation Of States In Exploration And Use Of Outer Space, Anastasia Voronina
The How’S And Why’S Of International Cooperation In Outer Space: International Legal Forms Of Cooperation Of States In Exploration And Use Of Outer Space, Anastasia Voronina
Space, Cyber, and Telecommunications Law Program: Dissertations, Theses, and Student Research
No abstract provided.
How Cosmopolitan Are International Law Professors?, Ryan Scoville, Milan Markovic
How Cosmopolitan Are International Law Professors?, Ryan Scoville, Milan Markovic
Faculty Scholarship
This Article offers an empirical answer to a question of interest among scholars of comparative international law: why do American views about international law appear at times to differ from those of other countries? The authors contend that part of the answer lies in legal education. Conducting a survey of the educational and professional backgrounds of nearly 150 legal academics, the authors reveal evidence that professors of international law in the United States often lack significant foreign legal experience, particularly outside of the West. Sociological research suggests that this tendency leads professors to teach international law from predominantly nationalistic and …
Shattering The Glass Ceiling In International Adjudication, Nienke Grossman
Shattering The Glass Ceiling In International Adjudication, Nienke Grossman
All Faculty Scholarship
The Article shows that women are found in dramatically low numbers on the benches of the majority of the world’s most important international courts, analyzes the causes of this phenomenon and proposes and evaluates solutions. It establishes that the number of women in the pool of potential judges does not appear to dictate how many women become international judges. It shows, too, that when selection procedures are closed and opaque, and there is no quota or aspirational target for a sex-balanced bench, women obtain international judgeships in disproportionately low numbers. On the other hand, when a quota or aspirational target …
Openness In International Adoption, Malinda L. Seymore
Openness In International Adoption, Malinda L. Seymore
Faculty Scholarship
After a long history of secrecy in domestic adoption in the United States, there is a robust trend toward openness. That is, however, not the case with international adoption. The recent growth in international adoption has been spurred, at least in part, by the desire of adoptive parents to return to closed, confidential adoptions where the identity of the birth mother is secret and there is no ongoing contact with her. There is, however, an emergent interest in increased openness in international adoption, spurred by the success of domestic open adoptions, health concerns when an adoptee's genetic history is important, …
Data Beyond Borders: Mutual Legal Assistance In The Internet Era, Andrew K. Woods
Data Beyond Borders: Mutual Legal Assistance In The Internet Era, Andrew K. Woods
Law Faculty Scholarly Articles
The global nature of today’s Internet services presents a unique challenge to international law enforcement cooperation. On a daily basis, law enforcement agents in one country seek access to data that is beyond their jurisdictional reach; as one industry analyst put it, there has been, “an internationalization of evidence.” In order to gain lawful access to data that is subject to another state’s jurisdiction, law enforcement agents must request mutual legal assistance (MLA) from the country that can legally compel the data’s disclosure. But the MLA regime has not been updated to manage the enormous rise of requests for MLA. …
Advancing National Intellectual Property Policies In A Transnational Context, Marketa Trimble
Advancing National Intellectual Property Policies In A Transnational Context, Marketa Trimble
Scholarly Works
The increasing frequency with which activities involving intellectual property (“IP”) cross national borders now warrants a clear definition of the territorial reach of national IP laws so that parties engaging in the activities can operate with sufficient notice of the laws applicable to their activities. Legislators, however, have not devoted adequate attention to the territorial delineation of IP law; in fact, legislators rarely draft IP statutes with any consideration of cross-border scenarios, and with few exceptions IP laws are designed with only single-country scenarios in mind. Delineating the reach of national IP laws is actually a complex matter because the …
The Integration Of Environmental Law Into International Investment Treaties And Trade Agreements: Negotiation Process And The Legalization Of Commitments, Madison Condon
Faculty Scholarship
There were seventeen international investment agreements (“IIAs”) signed around the world in 2012, and each one of them contained some provision relating to the protection of the environment. In comparison, no investment treaty signed before 1985, and fewer than ten percent of treaties signed between 1985 and 2001, contained any reference to the environment at all. Environmental language has become increasingly common in bilateral investment treaties (“BITs”), and to an even greater degree in other IIAs, such as free trade agreements (“FTAs”). The legal implications of the integration of environmental law and norms into investment law treaties have yet to …
Non-State Armed Groups And The Role Of Transnational Criminal Law During Armed Conflict, Christopher L. Blakesley, Dan E. Stigall
Non-State Armed Groups And The Role Of Transnational Criminal Law During Armed Conflict, Christopher L. Blakesley, Dan E. Stigall
Scholarly Works
With the ascendance of the terrorist group known as the Islamic State of Iraq and Syria (ISIS), the international community has struggled to adapt to the new international security context. Among the challenges that are currently being confronted are questions relating to how states may effectively facilitate international cooperation to counter ISIS (especially among countries in the Middle East and North Africa). Within this context, guidance from the United Nations on international cooperation posits that “[t]he universal counter-terrorism conventions and protocols do not apply in situations of armed conflict” – a legal position that would serve to stymie important cooperative …