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Full-Text Articles in Law

Can Self-Regulation Work? Lessons From The Private Security And Military Industry, Daphné Richemond-Barak Phd Jun 2014

Can Self-Regulation Work? Lessons From The Private Security And Military Industry, Daphné Richemond-Barak Phd

Michigan Journal of International Law

The private security and military industry has undergone a dramatic shift over the past decade—from an under-regulated sphere of activity to one in which an array of self-regulatory schemes has emerged. These regulatory initiatives took shape as states, security companies, and the broader public recognized the need to clarify the legal framework applicable to private security and military companies. Private contractors, once regarded as mercenaries, have over the past two decades played an increasingly central role in support of modern militaries. Reasons for this phenomenon range from budgetary policy to the need for specialized expertise most readily available in the …


Webmail At Work: The Case For Protection Against Employer Monitoring, Marc A. Sherman May 2014

Webmail At Work: The Case For Protection Against Employer Monitoring, Marc A. Sherman

Touro Law Review

No abstract provided.


Fisa Surveillance And Aliens, Amit K. Chhabra May 2014

Fisa Surveillance And Aliens, Amit K. Chhabra

Res Gestae

No abstract provided.


Monitoring, Control And Surveillance Of Protected Areas And Specially Managed Areas In The Marine Domain, Denzil Miller, N Slicer, Quentin Hanich Apr 2014

Monitoring, Control And Surveillance Of Protected Areas And Specially Managed Areas In The Marine Domain, Denzil Miller, N Slicer, Quentin Hanich

Quentin Hanich

A checklist is provided for monitoring, control and surveillance (MCS) actions to be applied in the areal-based management of marine fisheries and attached biodiversity conservation needs. The application of MCS to underpin compliance enforcement in marine protected and specially managed areas is seen as important in addressing such needs. Spatial, temporal, management and practical considerations are identified as important implementing considerations for effective MCS-based compliance enforcement. Most notably, human activity impact mitigation appears to possess the greatest potential to reduce potentially-harmful and cumulative long-term effects across all relevant spatial-temporal ranges considered. Equally, selection of suitable MCS approaches requires careful consideration …


Monitoring, Control And Surveillance: Regional Issues And Needs. Background Paper For The Rpoa Mcs Workshop, Mary Ann Palma, Ben Tsamenyi, Quentin Hanich Apr 2014

Monitoring, Control And Surveillance: Regional Issues And Needs. Background Paper For The Rpoa Mcs Workshop, Mary Ann Palma, Ben Tsamenyi, Quentin Hanich

Quentin Hanich

No abstract provided.


Pay As Risk Regulation, Andrew C.W. Lund Apr 2014

Pay As Risk Regulation, Andrew C.W. Lund

Florida State University Law Review

How do we prevent financial institutions from taking excessive risk when the public fisc serves as creditor? This is one of the central questions left over after the recent financial crisis and, for the past five years, there has been no shortage of proposed answers. Two of the more popular candidates for ex ante regulation—proprietary trading restrictions and enhanced capital requirements—are on their way to being enacted in one form or another, albeit with some controversy over their cost and ultimate efficacy. Meanwhile, a third, more indirect approach has sprouted in the pages of law and finance journals under which …


Intimate Terrorism And Technology: There's An App For That, Justine A. Dunlap Mar 2014

Intimate Terrorism And Technology: There's An App For That, Justine A. Dunlap

University of Massachusetts Law Review

Technology enhances the ability of the domestic violence prepetrator. It also holds the promise of assisting domestic violence survivors in their quest for safety. This is true in practical, daily ways and is becoming increasingly true in the legal treatment of these cases. Perpetrators can use technology to stalk and find their victims; survivors can use it to access necessary information to get away from their batterers. Laws are being amended to take into account cyber-enhanced domestic violence techniques. Domestic or intimate terrorists are among the class of criminals targeted for use of GPS monitoring. This article discusses the way …


Monitoring, Reporting, And Fact-Finding: Does The Human Rights Council Report On Human Rights In North Korea Provide A Template For The Sri Lankan Investigation?, Chris Jenks Jan 2014

Monitoring, Reporting, And Fact-Finding: Does The Human Rights Council Report On Human Rights In North Korea Provide A Template For The Sri Lankan Investigation?, Chris Jenks

Faculty Journal Articles and Book Chapters

2014 has already heralded two significant developments related to monitoring, reporting, and fact-finding (MRF) mechanisms for collecting information on alleged international law violations. First, the Human Rights Council (HRC) published their “Report of the detailed findings of the commission of inquiry on human rights in the Democratic People’s Republic of Korea” in February. This report may provide a roadmap for the second important development, the HRC’s decision in March to investigate alleged international law violations during the final phase of the armed conflict in Sri Lanka. More broadly, both these efforts offer lessons for any group or body participating in …