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Articles 1 - 17 of 17

Full-Text Articles in Law

The New Adventures Of The Common Law, Damien P. Horigan Dec 2009

The New Adventures Of The Common Law, Damien P. Horigan

Pace International Law Review Online Companion

One of the arguably unexpected legal developments during the first decade of this century has been the emergence of new common law jurisdictions in a region with a very different legal heritage – the Arabian Peninsula. These young jurisdictions have been created specifically to foster the growth of new hubs for banking and finance. This article will examine these new adventures of the common law.


Banding With Brothers: Authorizing Force Through A Concert Of Democracies, Alexander Bernard Nov 2009

Banding With Brothers: Authorizing Force Through A Concert Of Democracies, Alexander Bernard

Pace International Law Review Online Companion

No abstract provided.


A Proposal For 'Philosophical Method' In Comparative And International Law, John Martin Gillroy Oct 2009

A Proposal For 'Philosophical Method' In Comparative And International Law, John Martin Gillroy

Pace International Law Review Online Companion

A basic challenge of contemporary thought is to better understand the origin, persistence, and future course of international/ comparative law. I suggest that a foundational step is to begin treating the law as a philosophical matter. I propose that comparative and international legal theory require a distinct methodology that is as integrated and systematic as positivism, but which better recognizes the dialectic interdependence of normative and empirical and the metaphysical interdependence of theory and practice. Philosophical Method, as systematized by R.G. Collingwood, promotes the dialectic over the eristic, looks for overlap rather than definitive scientific classification, argues for comprehensive ...


China's Implementation Of The Un Sales Convention Through Arbitral Tribunals, Mark R. Shulman Aug 2009

China's Implementation Of The Un Sales Convention Through Arbitral Tribunals, Mark R. Shulman

Elisabeth Haub School of Law Faculty Publications

This article examines implementation of the international sales law by arbitral tribunals in China. The leading Chinese arbitral tribunal -- CIETAC -- has recently released the full-text decisions issued in over 300 disputes involving international trade. Upon a careful examination of this decisions involving non-conformity of goods, the authors conclude that the decisions generally convey objective, non-biased jurisprudence (notwithstanding some caveats about the completeness of the available record). They go on to conclude that the ability to rely on a fairly predictable tribunal has been good for the development not only of China's trade-based economy but also for its more general ...


Public And Private Sector Legal Process Outsourcing: Moving Toward A Global Model Of Legal Expertise Deliverance, Sasha Borsand, Amar Gupta Aug 2009

Public And Private Sector Legal Process Outsourcing: Moving Toward A Global Model Of Legal Expertise Deliverance, Sasha Borsand, Amar Gupta

Pace International Law Review Online Companion

Legal process outsourcing (“LPO”) involves the use of foreign lawyers to conduct, perform and apply domestic law, most often for cost-saving purposes. Large, global firms have already begun to embrace the concept of LPO, and small firms and sole practitioners are increasingly reaching out to foreign firms, seeking more efficient, lower-cost providers. Ethical considerations, liability limiting agreements, ERISA compliance, certification and oversight models are all part of the LPO landscape. This paper discusses these aspects, as well as issues related to outsourcing in non-traditional areas such as the public sector and the judiciary.


To Catch An Entrapper: The Inadequacy Of The Entrapment Defense Globally And The Need To Reevaluate Our Current Legal Rubric, Paul W. Valentine Aug 2009

To Catch An Entrapper: The Inadequacy Of The Entrapment Defense Globally And The Need To Reevaluate Our Current Legal Rubric, Paul W. Valentine

Pace International Law Review Online Companion

It is fair to say that a majority of us have either seen or been exposed to the hit television show To Catch a Predator on NBC. To Catch a Predator is a series of hidden investigations by the television newsmagazine Dateline NBC devoted to the subject of identifying and detaining potential child sexual abusers who contact children over the internet. The show is important because those caught by the investigators oftentimes raise the entrapment defense, but to no avail. Given the emergence of internet sting operations and covert government investigations, it is now more important than ever that the ...


Israel's Transboundary Water Disputes, Philip A. Baumgarten May 2009

Israel's Transboundary Water Disputes, Philip A. Baumgarten

Elisabeth Haub School of Law Student Publications

As water is necessary to the function of life, it is imperative to understand the role of water in the politically turbulent Middle East. This paper will focus on Israel’s water disputes with her neighbors and how such disputes have either led to military confrontation, have been partially resolved, and otherwise continue to exist. As populations in the region are expected to increase, the need for water, already in short supply, will be magnified. Thus negotiations to settle water disputes and provide for equitable distribution of the water resources will become more contentious. This legal analysis of Israel’s ...


Review Of International Outsourcing Law And Practice, Lucie Olejnikova Jan 2009

Review Of International Outsourcing Law And Practice, Lucie Olejnikova

Elisabeth Haub School of Law Faculty Publications

No abstract provided.


National Security Courts: Star Chamber Or Specialized Justice?, Mark R. Shulman Jan 2009

National Security Courts: Star Chamber Or Specialized Justice?, Mark R. Shulman

Elisabeth Haub School of Law Faculty Publications

In October 2008, the author moderated a panel discussion addressing the utility of establishing a new national security court system for administering the detention and trial of terrorist suspects. The discussion featured comments by five lawyers with significant academic and practical experience in the field: Richard Zabel, a litigation partner at Akin Gump Strauss Hauer & Feld LLP, a former Assistant U.S. Attorney and co-author of In Pursuit of Justice: Prosecuting Terrorism Cases in the Federal Courts; Glenn L. Sulmasy, an Associate Professor of Law at the United States Coast Guard Academy and author of the forthcoming book, The National Security Court System: A Natural Evolution of Justice in an Age of Terror; Hina Shamsi, a Staff Attorney in the ACLU's ...


The "War On Terror" Is Over--Now What? Restoring The Four Freedoms As A Foundation For Peace And Security, Mark R. Shulman Jan 2009

The "War On Terror" Is Over--Now What? Restoring The Four Freedoms As A Foundation For Peace And Security, Mark R. Shulman

Elisabeth Haub School of Law Faculty Publications

This article observes that the "Global War on Terror" as an organizing concept has been abandoned and proposes that the Obama Administration restore FDR's Four Freedoms in its place.


Nepa At 40: International Dimensions, Nicholas A. Robinson Jan 2009

Nepa At 40: International Dimensions, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

Section 102 of the National Environmental Policy Act (NEPA) contains a broad mandate to apply the policies of § 101 on an international plane. I explored these concepts initially on assignment as a member of the Legal Advisory Committee to the Council on Environmental Quality (CEQ) in 1969-1971, and published the analysis in 1974, after that Committee wound up its business. It is time for the CEQ to revisit the rest of § 102, and elaborate guidance and regulations for federal agencies to comply with and use the environmental management mandates in § 102(A), (B), (E), (F), (G), and (H).


International Human Rights Law, Co-Parent Adoption, And The Recognition Of Gay And Lesbian Families, Elizabeth Burleson Jan 2009

International Human Rights Law, Co-Parent Adoption, And The Recognition Of Gay And Lesbian Families, Elizabeth Burleson

Elisabeth Haub School of Law Faculty Publications

Children would benefit substantially if governments legally recognized same sex marriages and parenting. This article analyzes international human rights law, co-parent adoption, and the legal recognition of gay and lesbian families. It addresses civil marriage and adoption challenges for same sex families and assesses European Court of Human Rights jurisprudence relating to same-sex adoption. This Article considers the international community's efforts to implement the best interest of the child standard concluding that recognition of same sex families is in the best interest of the child and should be facilitated in a timely manner by jurisdictions at all levels.


Energy Policy, Intellectual Property, And Technology Transfer To Address Climate Change, Elizabeth Burleson Jan 2009

Energy Policy, Intellectual Property, And Technology Transfer To Address Climate Change, Elizabeth Burleson

Elisabeth Haub School of Law Faculty Publications

No abstract provided.


Energy Security, Green Job Creation, And Youth Innovation, Elizabeth Burleson Jan 2009

Energy Security, Green Job Creation, And Youth Innovation, Elizabeth Burleson

Elisabeth Haub School of Law Faculty Publications

No abstract provided.


Correcting Injustice: Studying How The United Kingdom And The United States Review Claims Of Innocence, Lissa Griffin Jan 2009

Correcting Injustice: Studying How The United Kingdom And The United States Review Claims Of Innocence, Lissa Griffin

Elisabeth Haub School of Law Faculty Publications

This article examines the U.K. and U.S. systems to determine what lessons, if any, the United States can learn from the United Kingdom's experience. Part I provides a background of the CCRC and the U.K. Court of Appeal, and describes how these two entities work in tandem with broad powers to investigate and correct miscarriages of justice in the United Kingdom. Part II takes an in-depth look at the Court of Appeal's decisions of CCRC referred cases and identifies five categories into which these decisions fall-- categories that exemplify the institutional mechanisms that facilitate review ...


Review Of Law And The Long War By Benjamin Wittes And Assessing Damage, Urging Action By The Eminent Jurists Panel On Terrorism, Counter-Terrorism, And Human Rights, Mark R. Shulman Jan 2009

Review Of Law And The Long War By Benjamin Wittes And Assessing Damage, Urging Action By The Eminent Jurists Panel On Terrorism, Counter-Terrorism, And Human Rights, Mark R. Shulman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.


Complementarity In Crisis: Uganda, Alternative Justice, And The International Criminal Court, Alexander K.A. Greenawalt Jan 2009

Complementarity In Crisis: Uganda, Alternative Justice, And The International Criminal Court, Alexander K.A. Greenawalt

Elisabeth Haub School of Law Faculty Publications

In this Article, I take up a focused analysis of the Uganda prosecutions, considering both the interpretive dilemmas facing the Court and the efforts of Prosecutor Luis Moreno-Ocampo to address them. Part I provides a summary of events leading to the LRA arrest warrants and the recent peace negotiations. Part II turns to the text of the Rome Statute, with a focus on Article 19's framework for complementary jurisdiction and the Article 53 dictate that “interests of justice” may trump the admissibility of investigations and cases that otherwise meet all relevant statutory criteria. Although the ICC is structured to ...