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Full-Text Articles in Law

The International Criminal Court: Will It Succeed Or Fail? Determinative Factors And A Case Study On This Question, Thomas L. Thompson-Flores Oct 2009

The International Criminal Court: Will It Succeed Or Fail? Determinative Factors And A Case Study On This Question, Thomas L. Thompson-Flores

Thomas L Thompson-Flores

This article addresses some of the challenges facing the International Criminal Court (ICC) in a condensed, but yet in-depth manner, and then applies them in a case study in order to answer the question of whether the ICC will ultimately fail or succeed.


Connecticut Yankee Speech In Europe’S Court: Alternative Vision Of Constitutional Defamation Law To New York Times V. Sullivan?, Allen E. Shoenberger Sep 2009

Connecticut Yankee Speech In Europe’S Court: Alternative Vision Of Constitutional Defamation Law To New York Times V. Sullivan?, Allen E. Shoenberger

Allen E Shoenberger

The article compares and contrasts the defamation law of the European Court of Human Rights(ECHR) with that of the United States, with particular reference to NY Times v. Sullivan. The NY Times actual malice standard not only over-protects speakers, it denies a name clearing hearing to the target of defamatory speech. This is of increasing importance as new media, such as the internet, make it so easy to communicate false, defamatory statements about anyone, including in particular elected officials and candidates. President Obama was first elected to the U.S. Senate because of a sex scandal that tainted his only serious …


Connecticut Yankee Speech In Europe’S Court: Alternative Vision Of Constitutional Defamation Law To New York Times V. Sullivan?, Allen E. Shoenberger Sep 2009

Connecticut Yankee Speech In Europe’S Court: Alternative Vision Of Constitutional Defamation Law To New York Times V. Sullivan?, Allen E. Shoenberger

Allen E Shoenberger

The article compares and contrasts the defamation law of the European Court of Human Rights(ECHR) with that of the United States, with particular reference to NY Times v. Sullivan. The NY Times actual malice standard not only over-protects speakers, it denies a name clearing hearing to the target of defamatory speech. This is of increasing importance as new media, such as the internet, make it so easy to communicate false, defamatory statements about anyone, including in particular elected officials and candidates. President Obama was first elected to the U.S. Senate because of a sex scandal that tainted his only serious …


Global Warming: A Second Coming For International Law?, Deepa Badrinarayana Aug 2009

Global Warming: A Second Coming For International Law?, Deepa Badrinarayana

Deepa Badrinarayana

This paper analyzes the role of international law in addressing global warming through the lens of a select number of compliance theories and rational choice theory. It presents an alternative view to the limits of international law in addressing climate change, i.e., that international law has created an economic dependency that has constrained the space for pursuit of traditional legal rights. In making this argument, this article examines the history oil exploration and climate policy. The article also makes some brief suggestions towards increasing the space for traditional legal rights.


Book Review: The Iraq War And International Law, Maxwell O. Chibundu Jun 2009

Book Review: The Iraq War And International Law, Maxwell O. Chibundu

Maxwell O. Chibundu

A review of The Iraq War and International Law edited by Phil Shiner and Andrew Williams. Oxford, Hart Publishing, 2008.


Thomas Paine And The Rights Of Man In European Jurisprudence: European Caselaw Confronts New York Times V. Sullivan : Different Results, Methods And Considerations: Time To Rethink Sullivan?∗, Allen E. Shoenberger Mar 2009

Thomas Paine And The Rights Of Man In European Jurisprudence: European Caselaw Confronts New York Times V. Sullivan : Different Results, Methods And Considerations: Time To Rethink Sullivan?∗, Allen E. Shoenberger

Allen E Shoenberger

The article compares and contrasts the defamation law of the European Court of Human Rights(ECHR) with that of the United States, with particular reference to NY Times v. Sullivan. It is suggested that american courts should themselves weigh and evalue the facts of defamation (as the NYTimes ct did); and also consider whether justification should be demanded for opinion statements, free attorney appointments for public interest defendants in defamation cases, and consideration given to a sliding scale of defamatory review for public officials who hold non-elected, lower


International Law As Democratic Law, Andrew Strauss Feb 2009

International Law As Democratic Law, Andrew Strauss

Andrew L. Strauss

No abstract provided.


Japan Should Follow The International Trend And Face Its History Of World War Ii Forced Labor, Michael Bazyler Jan 2009

Japan Should Follow The International Trend And Face Its History Of World War Ii Forced Labor, Michael Bazyler

Michael Bazyler

No abstract provided.


India's Constitutional Challenge: A Less Visible Climate Change Catastrophe, Deepa Badrinarayana Dec 2008

India's Constitutional Challenge: A Less Visible Climate Change Catastrophe, Deepa Badrinarayana

Deepa Badrinarayana

No abstract provided.


Requests By Foreign Officeholders To Stay Pending Proceedings In England And Wales: The Role Of The Cross-Border Insolvency Regulations, Adrian Walters Dec 2008

Requests By Foreign Officeholders To Stay Pending Proceedings In England And Wales: The Role Of The Cross-Border Insolvency Regulations, Adrian Walters

Adrian J Walters

No abstract provided.


Court Management At The Eccc, John Hall Dec 2008

Court Management At The Eccc, John Hall

John A. Hall

No abstract provided.


Regulating The Insolvency Office-Holder Profession Across Borders, Adrian Walters Dec 2008

Regulating The Insolvency Office-Holder Profession Across Borders, Adrian Walters

Adrian J Walters

No abstract provided.


Invisible Ink In The Eighth Arrondissement, Karl T. Muth Dec 2008

Invisible Ink In The Eighth Arrondissement, Karl T. Muth

Karl T Muth

IMPORTANT: This document may prompt you for a username and password. If this occurs, please simply click "cancel" and the document will load. Thank you. This Article deals with the history of the secret contract that governs the distribution of economic rents enjoyed by Formula One. It further explores the environment in which this secret contract evolved and briefly discusses applications for secret contracts in other scenarios and industries.


Pedagogies Of Comparative Jurisprudence: On The Gleaning Of 'Trans-Cultural Perspectives' From The World's Legal Systems, Maxwell O. Chibundu Dec 2008

Pedagogies Of Comparative Jurisprudence: On The Gleaning Of 'Trans-Cultural Perspectives' From The World's Legal Systems, Maxwell O. Chibundu

Maxwell O. Chibundu

No abstract provided.