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Articles 1 - 11 of 11
Full-Text Articles in Law
The Second Circuit's Role In Expanding The Sec's Jurisdiction Abroad, Roberta S. Karmel
The Second Circuit's Role In Expanding The Sec's Jurisdiction Abroad, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
The Argument Against International Abduction Of Criminal Defendants: An Introductory Note, Joel R. Paul
The Argument Against International Abduction Of Criminal Defendants: An Introductory Note, Joel R. Paul
Faculty Scholarship
No abstract provided.
The Brooklyn Law School -- New York Stock Exchange, Inc. Breakfast Roundtables, Roberta S. Karmel
The Brooklyn Law School -- New York Stock Exchange, Inc. Breakfast Roundtables, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
The Constitutional Law Of German Unification, Peter E. Quint
The Constitutional Law Of German Unification, Peter E. Quint
Faculty Scholarship
No abstract provided.
The Japanese International Law 'Revolution': International Human Rights Law And Its Impact In Japan, Kenneth L. Port
The Japanese International Law 'Revolution': International Human Rights Law And Its Impact In Japan, Kenneth L. Port
Faculty Scholarship
Some observers have argued that because of a lack of enforcement powers, international law has relatively little impact on the conduct of nations and, in fact, may not be "law" at all. Others have inquired whether legal norms which underlie international human rights law have any influence on the domestic law of signatory nations. This article argues that international law can profoundly influence the development of the domestic laws of nations regardless of the lack of coercive enforcement powers. This point becomes clear through a consideration of Japan's experience in adopting and internalizing international law norms.
Foreward: Some Thoughts On International Environmental Law From The Perspective Of A Domestic Practitioner, Brian E. Gray
Foreward: Some Thoughts On International Environmental Law From The Perspective Of A Domestic Practitioner, Brian E. Gray
Faculty Scholarship
No abstract provided.
Plenary Session: The U.S. Constitution In Its Third Century: Foreign Affairs – Remarks By Lori Fisler Damrosch, Lori Fisler Damrosch
Plenary Session: The U.S. Constitution In Its Third Century: Foreign Affairs – Remarks By Lori Fisler Damrosch, Lori Fisler Damrosch
Faculty Scholarship
Our Moderator has asked us to look ahead into the Constitution's third century and anticipate the emerging issues. I believe the changes in the field that I have selected, international organizations and institutions, are likely to be dramatic, perhaps more so than the more incremental changes in the areas being addressed by my copanelists. With all respect to our Moderator, I would like to take note of the rather modest treatment given to international organizations in the leading work on foreign affairs and the Constitution published by Louis Henkin in 1972. I hope he will forgive me if I suggest …
Comity In International Law, Joel R. Paul
The Role Of The United States Senate Concerning "Self-Executing" And "Non-Self-Executing Treaties", Lori Fisler Damrosch
The Role Of The United States Senate Concerning "Self-Executing" And "Non-Self-Executing Treaties", Lori Fisler Damrosch
Faculty Scholarship
This essay concerns a pattern in treaty actions of the U.S. Senate which tends to weaken the domestic legal effect of treaties. Under this pattern, the Senate qualifies its consent to U.S. ratification of the treaty with a declaration or other condition to the effect that the treaty shall be non-self-executing, or otherwise expresses its intention that the treaty shall not be used as a direct source of law in U.S. courts. Such qualifications, referred to hereinafter as "non-self-executing declarations," give rise to important questions about the place of the affected treaties within the fabric of U.S. law, especially in …
Authors And Exploitations In International Private Law: The French Supreme Court And The Huston Film Colorization Controversy, Jane C. Ginsburg, Pierre Sirinelli
Authors And Exploitations In International Private Law: The French Supreme Court And The Huston Film Colorization Controversy, Jane C. Ginsburg, Pierre Sirinelli
Faculty Scholarship
On May 28, 1991, France's Supreme Court, the Cour de cassation, rendered its long-awaited decision in Huston v. la Cinq, a controversy that opposed the heirs of film director John Huston against the French television station Channel 5 and its licensor, Turner Entertainment. Defendants sought to broadcast a colorized version of Huston's black and white film classic, The Asphalt jungle. Plaintiffs, John Huston's children and Ben Maddow, who collaborated with Huston on the film's screenplay, asserted that broadcast of a colorized version violated Huston's and Maddow's moral right of integrity in the motion picture. The central question before the Cour …
Mengele's Birthmark: The Nuremberg Code In United States Courts, George J. Annas
Mengele's Birthmark: The Nuremberg Code In United States Courts, George J. Annas
Faculty Scholarship
Experimentation on human beings is so difficult to justify that the attempt is seldom even made. Usually its justification is simply assumed, and vague notions of progress or national emergency are suggested as sufficient rationales. The United States, a society dedicated to both progress and human rights, has been profoundly ambivalent about human experimentation. On the one hand, we have consistently argued in our ethical codes that the rights and welfare of research subjects must be protected; on the other hand, we have consistently used perceived emergencies, both national and medical, as an excuse to jettison individual rights and welfare …