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

Law Commons

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

Articles 1 - 30 of 47

Full-Text Articles in Law

Legal Activism In The Face Of Political Challenges: The Nigerian Case, Jayanth K. Krishnan, Kunle Ajagbe Jan 2018

Legal Activism In The Face Of Political Challenges: The Nigerian Case, Jayanth K. Krishnan, Kunle Ajagbe

Articles by Maurer Faculty

Countries that move from authoritarianism to democracy often see increased rights-based, social justice lawyering after the transition. Given the new freedoms and opportunities present, this outcome is hardly surprising. However, relying on a literature and theoretical frame developed over the past two decades, this study argues that, in fact, such lawyering can have its historical roots in the legal activism that occurred during previous authoritarian periods. Consider Africa’s most populous country – Nigeria. Since gaining independence in 1960, Nigeria has witnessed, in total, nearly 30 years of military dictatorship. In 1999, the country adopted a democratic system of government, which …


External Forces, Internal Dynamics: Foreign Legal Actors And Their Impact On Domestic Affairs (Book Review), Jayanth K. Krishnan, Vitor M. Dias, Martin Hevia Jan 2016

External Forces, Internal Dynamics: Foreign Legal Actors And Their Impact On Domestic Affairs (Book Review), Jayanth K. Krishnan, Vitor M. Dias, Martin Hevia

Articles by Maurer Faculty

This Review examines the influence of foreign legal actors on jurisdictions that are not their own. Rachel Stern, a scholar of China, reflects on this point in her groundbreaking book published in 2013. In her penultimate chapter, Stern discusses how such foreign legal actors wield influence in China because of their presence on the ground. Building off of Stern's research, this Review proceeds to ask whether foreign legal actors can influence a domestic environment when that environment prohibits them from permanently working there. The analysis below will suggest so, arguing that the forces of globalization can enable foreign legal …


Rubin V. Islamic Republic Of Iran, 1997-2015, Gabrielle Goodwin Jan 2015

Rubin V. Islamic Republic Of Iran, 1997-2015, Gabrielle Goodwin

Articles by Maurer Faculty

The case of Rubin v. Islamic Republic of Iran reads like a blockbuster movie with an all-star cast. A terrorist organization blows up a crowded shopping mall in Jerusalem, killing and injuring Americans in the process. Some of those severely injured sue the nation of Iran for their part in supporting Hamas, who carried out the bombing. Iran never makes a court appearance, so the plaintiffs win a default judgment for hundreds of millions of dollars. However, in trying to get some money out of Iran, the plaintiffs try to attach property in the United States, which may or may …


Plucky Little Russia: Misreading The Georgian War Through The Distorting Lens Of Aggression, Timothy W. Waters Jan 2013

Plucky Little Russia: Misreading The Georgian War Through The Distorting Lens Of Aggression, Timothy W. Waters

Articles by Maurer Faculty

One might expect massed armor crossing an international frontier to constitute the paradigmatic example of aggression — a case perfectly fit to analyze with the rules of jus ad bellum — and in the first flush and shock of the Georgian War in 2008, this is exactly how Western leaders described Russia’s actions. Yet that August, a constellation of circumstances combined to produce an anomalous outcome: an international war without any aggressor or any wrongful violation of territorial integrity. In theory — in doctrine — this is not supposed to happen.

The key to this puzzle is the special regime …


Asia's Participation In Global Health Diplomacy And Global Health Governance, David P. Fidler Jan 2010

Asia's Participation In Global Health Diplomacy And Global Health Governance, David P. Fidler

Articles by Maurer Faculty

This article provides a framework for thinking about Asian approaches to and impact on global health diplomacy and governance that might contribute to more sophisticated analyses on Asia in global health politics, diplomacy, and governance. First, the article examines the "rise of Asia" and "rise of health" as overlapping but unconnected developments in international relations. Second, it analyzes how the shift of power and influence towards Asia, largely caused by China's and India's emergence as great powers; affects global health politics and potential Asian contributions to global health diplomacy and governance in the future. Third, the article looks at normative …


Eastphalia Rising?: Asian Influence And The Fate Of Human Security, David P. Fidler, Sung Won Kim, Sumit Ganguly Jan 2009

Eastphalia Rising?: Asian Influence And The Fate Of Human Security, David P. Fidler, Sung Won Kim, Sumit Ganguly

Articles by Maurer Faculty

No abstract provided.


Bringing Democracy To Puerto Rico: A Rejoinder, Luis E. Fuentes-Rohwer Jan 2008

Bringing Democracy To Puerto Rico: A Rejoinder, Luis E. Fuentes-Rohwer

Articles by Maurer Faculty

No abstract provided.


Disaster Relief And Governance After The Indian Ocean Tsunami: What Role For International Law?, David P. Fidler Jan 2005

Disaster Relief And Governance After The Indian Ocean Tsunami: What Role For International Law?, David P. Fidler

Articles by Maurer Faculty

The tsunami in the Indian Ocean at the end of 2004 has produced heightened scrutiny of how international disaster relief is supplied and governed. This scrutiny connects to arguments by the International Federation of Red Cross and Red Crescent Societies that more effective and efficient disaster relief requires the significant development of international law on disaster relief. This commentary analyses the historical and current relationship between international law and disaster relief and challenges the arguments that more international law on disaster relief is needed.


The Asian Century: Implications For International Law, David P. Fidler Jan 2005

The Asian Century: Implications For International Law, David P. Fidler

Articles by Maurer Faculty

Predictions that the 21st century will be the "Asian century" have sparked analytical interest from many disciplines but not international law. This article focuses on what implications "Asia rising" may have for international law in the 21st century. The article begins by looking at the 19th and 20th centuries as the European and American centuries respectively to assess the impact these centuries made on international law. The article then analyses possible meanings for an Asian century and frames such a century's implications for international law around the concept of a "Concert of Asia". The article argues that, through a "Concert …


Book Review. Boundary Issues In Central Asia By Necati Polat, Elizabeth Larson Goldberg Jan 2003

Book Review. Boundary Issues In Central Asia By Necati Polat, Elizabeth Larson Goldberg

Articles by Maurer Faculty

No abstract provided.


Agony Of The Innocents, Feisal Amin Istrabadi Jan 1998

Agony Of The Innocents, Feisal Amin Istrabadi

Articles by Maurer Faculty

No abstract provided.


Marxism And The Failure Of Environmental Protection In Eastern Europe And The U.S.S.R., Daniel H. Cole Jan 1993

Marxism And The Failure Of Environmental Protection In Eastern Europe And The U.S.S.R., Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.


Preparing Global Professionals, Alfred C. Aman Jan 1989

Preparing Global Professionals, Alfred C. Aman

Articles by Maurer Faculty

No abstract provided.


Self-Determination, International Law And The South African Bantustan Policy, Henry J. Richardson Jan 1978

Self-Determination, International Law And The South African Bantustan Policy, Henry J. Richardson

Articles by Maurer Faculty

No abstract provided.


Introduction: Afro-America And International Law, Henry J. Richardson Jan 1977

Introduction: Afro-America And International Law, Henry J. Richardson

Articles by Maurer Faculty

No abstract provided.


Reflections On Education In International Law In Africa, Henry J. Richardson Iii Jan 1974

Reflections On Education In International Law In Africa, Henry J. Richardson Iii

Articles by Maurer Faculty

No abstract provided.


Book Review. The Organization Of African Unity And Its Charter By Zdenek Cervenka, A. A. Fatouros Jan 1971

Book Review. The Organization Of African Unity And Its Charter By Zdenek Cervenka, A. A. Fatouros

Articles by Maurer Faculty

No abstract provided.


Book Review. Asian African Legal Consultative Committee, Report Of The Ninth Session Held In New Delhi From 18th To 29th, December, 1967, A. A. Fatouros Jan 1971

Book Review. Asian African Legal Consultative Committee, Report Of The Ninth Session Held In New Delhi From 18th To 29th, December, 1967, A. A. Fatouros

Articles by Maurer Faculty

No abstract provided.


Book Review. The Doctrine Of Precedent In The Court Of Appeal For East Africa By G.F.A. Sawyerr And J.A. Hiller, William B. Harvey Jan 1971

Book Review. The Doctrine Of Precedent In The Court Of Appeal For East Africa By G.F.A. Sawyerr And J.A. Hiller, William B. Harvey

Articles by Maurer Faculty

No abstract provided.


Speculations On The Relevance Of International Law To The Needs Of Black Southern Africa, Henry J. Richardson Iii Jan 1970

Speculations On The Relevance Of International Law To The Needs Of Black Southern Africa, Henry J. Richardson Iii

Articles by Maurer Faculty

No abstract provided.


Malawi: Between Black And White Africa, Henry J. Richardson Iii Jan 1970

Malawi: Between Black And White Africa, Henry J. Richardson Iii

Articles by Maurer Faculty

No abstract provided.


Jefferson B. Fordham: Legal Education And Scholarship In Africa, William Burnett Harvey Jan 1970

Jefferson B. Fordham: Legal Education And Scholarship In Africa, William Burnett Harvey

Articles by Maurer Faculty

No abstract provided.


Crossroads For Law In Africa, Henry J. Richardson Iii, Paul O. Proehl Jan 1970

Crossroads For Law In Africa, Henry J. Richardson Iii, Paul O. Proehl

Articles by Maurer Faculty

No abstract provided.


Legal Remedies For Overurbanization: The Ghanaian Experience, Robert L. Birmingham, Carolyn S. Birmingham Jan 1970

Legal Remedies For Overurbanization: The Ghanaian Experience, Robert L. Birmingham, Carolyn S. Birmingham

Articles by Maurer Faculty

No abstract provided.


Economic Integration In East Africa: Distribution Of Gains, Robert L. Birmingham Jan 1969

Economic Integration In East Africa: Distribution Of Gains, Robert L. Birmingham

Articles by Maurer Faculty

No abstract provided.


Book Review. The Criminal Process In The People's Republic Of China, 1949-1963 By Jerome A. Cohen, Robert L. Birmingham Jan 1968

Book Review. The Criminal Process In The People's Republic Of China, 1949-1963 By Jerome A. Cohen, Robert L. Birmingham

Articles by Maurer Faculty

No abstract provided.


Book Review. Law In The Soviet Society (Wayne R. Lafave, Ed.), Jurij Fedynskyj Jan 1968

Book Review. Law In The Soviet Society (Wayne R. Lafave, Ed.), Jurij Fedynskyj

Articles by Maurer Faculty

No abstract provided.


Book Review. Independent Africa: The Challenge To The Legal Profession By L.C.B. Gower, William Burnett Harvey Jan 1968

Book Review. Independent Africa: The Challenge To The Legal Profession By L.C.B. Gower, William Burnett Harvey

Articles by Maurer Faculty

No abstract provided.


Book Review. Law In Imperial China: Exemplified By 190 Ch'ing Dynasty Cases By Derk Bodde And Clarence Morris, Robert L. Birmingham Jan 1968

Book Review. Law In Imperial China: Exemplified By 190 Ch'ing Dynasty Cases By Derk Bodde And Clarence Morris, Robert L. Birmingham

Articles by Maurer Faculty

No abstract provided.


Book Review. The Springtime Of Freedom By William Mccord, William Burnett Harvey Jan 1966

Book Review. The Springtime Of Freedom By William Mccord, William Burnett Harvey

Articles by Maurer Faculty

No abstract provided.