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Articles 1 - 30 of 61
Full-Text Articles in Law
Appendix B: A History Of United States Navy Regulationsgoverning The Use Of Force To Protect Thelives And Property Of Nationals Abroad (Volume 77)
International Law Studies
No abstract provided.
Helms Burton: Social Policy And Norm Definition, Manuel A. Rodriguez
Helms Burton: Social Policy And Norm Definition, Manuel A. Rodriguez
University of Miami International and Comparative Law Review
No abstract provided.
Helms Burton: A View From Abroad, Runa Kinzel
Helms Burton: A View From Abroad, Runa Kinzel
University of Miami International and Comparative Law Review
No abstract provided.
The Law Of Nations And The Offenses Clause Of The Constitution: A Defense Of Federalism, Michael T. Morley
The Law Of Nations And The Offenses Clause Of The Constitution: A Defense Of Federalism, Michael T. Morley
Scholarly Publications
No abstract provided.
Humanity’S Law: Rule Of Law For The New Global Politics, Ruti G. Teitel
Humanity’S Law: Rule Of Law For The New Global Politics, Ruti G. Teitel
Cornell International Law Journal
This Article proposes that international law is undergoing a paradigm shift, which will have significant implications for foreign affairs. A dramatic expansion of legal machinery, institutions, and processes is occurring in the international sphere. Now, more than ever before foreign policy decision-making occurs in the shadow of the law. The conception of a new rule of law is at stake; appropriate to the present state of global politics, as it aims to manage heightened political conflict and violence through law. The impact of the juridical paradigm shift is primarily discursive. The expanded legal discourse represented by the present international human …
The European Tendency Toward Non-Extradition To The United States In Capital Cases: Trends, Assurances, And Breaches Of Duty, Robert Gregg
The European Tendency Toward Non-Extradition To The United States In Capital Cases: Trends, Assurances, And Breaches Of Duty, Robert Gregg
University of Miami International and Comparative Law Review
No abstract provided.
I. Opening Remarks (Proceedings Of The Third Annual Legal & Policy Issues In The Americas Conference), Jon L. Mills
I. Opening Remarks (Proceedings Of The Third Annual Legal & Policy Issues In The Americas Conference), Jon L. Mills
UF Law Faculty Publications
Proceedings of the Third Annual Legal & Policy Issues in the Americas Conference (2002)
Vii. Legal Education In The Americas, A. An Introduction (Proceedings Of The Third Annual Legal & Policy Issues In The Americas Conference), Jon L. Mills
UF Law Faculty Publications
Proceedings of the Third Annual Legal & Policy Issues in the Americas Conference (2002)
The Thirteenth Amendment And Slavery In The Global Economy, Tobias Barrington Wolff
The Thirteenth Amendment And Slavery In The Global Economy, Tobias Barrington Wolff
All Faculty Scholarship
The globalization of industry has been accompanied by a globalization of labor exploitation. With increasing frequency, U.S.-based multinational corporations are carrying on their foreign operations through the deliberate exploitation of involuntary or slave labor. This development in the foreign labor practices of U.S. entities heralds a new era of challenge and transformation for the Thirteenth Amendment and its prohibition on the existence of slavery or involuntary servitude. It has become necessary to reexamine the range of activities in American industry - and American participation in global industry - that the amendment reaches. I begin that reexamination here. In this article, …
People Want A Say, Next, A Global Parliament, Andrew Strauss, Richard Falk
People Want A Say, Next, A Global Parliament, Andrew Strauss, Richard Falk
Andrew L. Strauss
No abstract provided.
The Treaty Of Nice: Arming The Courts To Defend A European Bill Of Rights?, Liz Heffernan
The Treaty Of Nice: Arming The Courts To Defend A European Bill Of Rights?, Liz Heffernan
Law and Contemporary Problems
In Dec 2000, the European heads of government, meeting in Nice France, took several momentous steps in the constitutional development of the EU. Potentially, the Nice Summit will mark a major milepost on the road to a European bill of rights. Assuming the member states ultimately enact remedial measures, including judicial protection, the transition may prove no less influential than the adoption of the Bill of Rights in the US.
Why International Law Favors Emigration Over Immigration, Thomas Kleven
Why International Law Favors Emigration Over Immigration, Thomas Kleven
University of Miami Inter-American Law Review
No abstract provided.
What Hope For The Future?: Learning The Lessons Of The Past, David Held
What Hope For The Future?: Learning The Lessons Of The Past, David Held
Indiana Journal of Global Legal Studies
No abstract provided.
Miranda’S Final Frontier—The International Arena: A Critical Analysis Of United States V. Bin Laden, And A Proposal For A New Miranda Exception Abroad, Mark A. Godsey
Duke Law Journal
In recent years, the FBI and other federal law enforcement agencies have greatly expanded their presence abroad, investigating everything from narcotics trade and Internet fraud schemes to terrorism. Where this law enforcement activity includes custodial interrogation of non-American citizens abroad, must American law enforcement officials provide Miranda warnings to such suspects? In 2001 in United States v. Bin Laden, a federal district court held that the Fifth Amendment's privilege against self-incrimination applies to non-American citizens interrogated abroad, thus requiring Miranda warnings in this context. This Article criticizes the Bin Laden court's strict application of Miranda and suggests that Miranda should …
Situating Liberalism In Transnational Legal Space, Don Suh
Situating Liberalism In Transnational Legal Space, Don Suh
Duke Journal of Comparative & International Law
No abstract provided.
Terrorism On Trial: The President’S Constitutional Authority To Order The Prosecution Of Suspected Terrorists By Military Commission, Christopher M. Evans
Terrorism On Trial: The President’S Constitutional Authority To Order The Prosecution Of Suspected Terrorists By Military Commission, Christopher M. Evans
Duke Law Journal
No abstract provided.
Need Intellectual Property Be Everywhere? Against Ubiquity And Uniformity, David Vaver
Need Intellectual Property Be Everywhere? Against Ubiquity And Uniformity, David Vaver
Dalhousie Law Journal
Intellectual property is more prevalent in every corner of our working and leisure lives. International pressure, through both bilateral treaties and multilateral treaties is causing intellectual property law to standardize at high levels throughout the world. Legal standardization may be beneficial in general but is not so for intellectual property in either the developed or the developing world. The law in developed countries is currently incoherent and itself requires major reconsideration. The imposition of such a defective law on the developing world is helpful to neither side. The paper argues that current intensification and harmonization trends are therefore undesirable, and …
Prospects For A "World (Internal) Law"?: Legal Development In A Changing International System, Jost Delbruck
Prospects For A "World (Internal) Law"?: Legal Development In A Changing International System, Jost Delbruck
Indiana Journal of Global Legal Studies
No abstract provided.
International Legal Perspectives On The Sept. 11 Attacks On The United States, David Fidler
International Legal Perspectives On The Sept. 11 Attacks On The United States, David Fidler
Articles by Maurer Faculty
No abstract provided.
Progressive Development Of International Law And Order Since The Events Of 11 September 2001, Sompong Sucharitkul
Progressive Development Of International Law And Order Since The Events Of 11 September 2001, Sompong Sucharitkul
The Sompong Sucharitkul Center for Advanced International Legal Studies
The events of 11 September 2001, which sent shock waves to the conscience of mankind the world over, have entailed other consequences unattended by perpetrators of the terrorist acts against the United States and little suspected by the international community at the time. To every action, there is a reaction. The wheel of international justice moves slowly but surely as it requires necessary accompaniments, especially the overwhelming support of the global community and the underlying rule of international law on the subject.
The terrorist attacks of 11 September 2001 set the stage for an accelerated pace in the progressive concretization …
Review Of: Legalization And World Politics (Judith L. Goldstein Et Al. Eds.), James Pross
Review Of: Legalization And World Politics (Judith L. Goldstein Et Al. Eds.), James Pross
RISK: Health, Safety & Environment (1990-2002)
Review of the book: Legalization and World Politics (Judith L. Goldstein et al., eds., MIT Press 2001). Preface, Bibliographic References. ISBN 0-262-57151-X [319 pp. $24.95. Paper, 5 Cambridge Center, Cambridge, MA 02142- 1493].
Abuse Of Rights: An Old Principle, A New Age, Michael Byers
Abuse Of Rights: An Old Principle, A New Age, Michael Byers
Faculty Scholarship
No abstract provided.
Looking A Gift Horse In The Mouth: Is The Committment Of The United States' New Allies Sincere, Frank Biggio
Looking A Gift Horse In The Mouth: Is The Committment Of The United States' New Allies Sincere, Frank Biggio
Case Western Reserve Journal of International Law
No abstract provided.
International Criminal Courts And Fair Trials: Difficulties And Prospects, Jacob Katz Cogan
International Criminal Courts And Fair Trials: Difficulties And Prospects, Jacob Katz Cogan
Faculty Articles and Other Publications
The question "Can international criminal courts provide defendants with fair trials?" is one that has barely been posed, let alone answered. The realm of international criminal justice is distinguished from domestic criminal justice not simply because accountability and sovereignty weigh heavier in this context, but also because of the absence of an effective counterweight to check these interests. One approach to the fair trial issue focuses on the rights delineated in the tribunals' statutes, rules of procedure and evidence, and case law. A second approach to the problem of fair trials asks, instead, whether these international courts have the independence …
The African Holocaust: Should Europe Pay Reparations To Africa For Colonialism And Slavery?, Ryan M. Spitzer
The African Holocaust: Should Europe Pay Reparations To Africa For Colonialism And Slavery?, Ryan M. Spitzer
Vanderbilt Journal of Transnational Law
For many people of European descent, slavery is little more than an unpleasant memory of a bygone and distant era, largely remembered more for the glory of empires lost and faded dreams of conquest and exploration. For many Africans and African Americans, however, slavery remains an unhealed wound that is frequently, if not constantly, reopened by feelings of continued oppression, manipulation, and discrimination. These disparate views clashed most recently at the U.N. World Conference Against Racism, held in Durban, South Africa in September of 2001.
Inspired by the U.N. Conference in Durban, this Note analyzes the potential for reparations between …
Can Treaty Law Be Supreme, Directly Effective, And Autonomous--All At The Same Time?, Richard Stith, J.H.H. Weiler
Can Treaty Law Be Supreme, Directly Effective, And Autonomous--All At The Same Time?, Richard Stith, J.H.H. Weiler
Law Faculty Publications
No abstract provided.
A Qualified Defense Of Military Commissions And United States Policy On Detainees At Guantanamo Bay Naval Base, Kenneth Anderson
A Qualified Defense Of Military Commissions And United States Policy On Detainees At Guantanamo Bay Naval Base, Kenneth Anderson
Articles in Law Reviews & Other Academic Journals
This article, published in a special post 9-11 issue of the Harvard Journal of Law & Public Policy, offers a defense of the view that terrorists such as Osama Bin Laden should be tried, if captured, outside of regular US civilian courts and in some form of military commission. The article argues that terrorists should be seen as criminals as well as enemies of the United States. Criminals who are simply deviants from the domestic social order are properly dealt with within the constitutionally constituted civilian court structure. Enemies who are not also criminals - legal combatants - are properly …
Judging The 11 September Terrorist Attack, Mark A. Drumbl
Judging The 11 September Terrorist Attack, Mark A. Drumbl
Scholarly Articles
Not available.
Unratified Treaties And Other Unperfected Acts In International Law: Constitutional Functions, W. Michael Reisman
Unratified Treaties And Other Unperfected Acts In International Law: Constitutional Functions, W. Michael Reisman
Vanderbilt Journal of Transnational Law
In international law's sociology of knowledge, unperfected legal acts are routinely examined and assigned some legal valence. Scholars quite properly use such material to assess incipient changes, and treatise and monograph writers are expected to determine whether some unperfected legal material is, or is in the process of becoming, customary international law. This is a perfectly proper use of unperfected legal material, because one of the functions of the scholar is to anticipate trends and to appraise incipient developments in terms of the impacts they may have on the most important goals of the international system. The most acute problem …
Where Do We Go From Here? New And Emerging Issues In The Prosecution Of War Crimes And Acts Of Terrorism: A Panel Discussion, Kenneth Anderson
Where Do We Go From Here? New And Emerging Issues In The Prosecution Of War Crimes And Acts Of Terrorism: A Panel Discussion, Kenneth Anderson
Presentations
Panel discussion.