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Full-Text Articles in Law
China's Implementation Of The Un Sales Convention Through Arbitral Tribunals, Mark R. Shulman
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 …
Review Of International Outsourcing Law And Practice, Lucie Olejnikova
Review Of International Outsourcing Law And Practice, Lucie Olejnikova
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Nepa At 40: International Dimensions, Nicholas A. Robinson
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
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 Security, Green Job Creation, And Youth Innovation, Elizabeth Burleson
Energy Security, Green Job Creation, And Youth Innovation, Elizabeth Burleson
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
National Security Courts: Star Chamber Or Specialized Justice?, Mark R. Shulman
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 …
Complementarity In Crisis: Uganda, Alternative Justice, And The International Criminal Court, Alexander K.A. Greenawalt
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 give …
Correcting Injustice: Studying How The United Kingdom And The United States Review Claims Of Innocence, Lissa Griffin
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 of miscarriages of justice. These …
The "War On Terror" Is Over--Now What? Restoring The Four Freedoms As A Foundation For Peace And Security, Mark R. Shulman
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.
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.
Energy Policy, Intellectual Property, And Technology Transfer To Address Climate Change, Elizabeth Burleson
Energy Policy, Intellectual Property, And Technology Transfer To Address Climate Change, Elizabeth Burleson
Elisabeth Haub School of Law Faculty Publications
No abstract provided.