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Full-Text Articles in Law

Reimagining Sovereignty To Protect Migrants, Pooja R. Dadhania Apr 2022

Reimagining Sovereignty To Protect Migrants, Pooja R. Dadhania

Faculty Scholarship

The concept of sovereignty in international law allows states to exclude and expel most categories of migrants, subject only to very narrow exceptions from international human rights and refugee law. Inverting the state sovereignty paradigm traditionally used to exclude migrants, this Essay reimagines sovereignty to protect migrants by drawing on the international law doctrine of state responsibility. The doctrine of state responsibility requires states to remedy the consequences of their actions in violation of international law. States that violate the sovereignty of other states, more specifically their territorial integrity or political independence, and thereby cause forced migration should have an …


Becoming In-House Counsel For Sports Teams And International Franchises, Cassie Mcbride, Caroline Perry, David Cohen, Barbara Zaragoza Jan 2022

Becoming In-House Counsel For Sports Teams And International Franchises, Cassie Mcbride, Caroline Perry, David Cohen, Barbara Zaragoza

California Western International Law Journal

No abstract provided.


Economic Evidence, Complex Litigation, And Tier One Soccer Across Borders, Jeff Todd, R. Todd Jewell Jan 2022

Economic Evidence, Complex Litigation, And Tier One Soccer Across Borders, Jeff Todd, R. Todd Jewell

California Western International Law Journal

No abstract provided.


Timeout For Sports Trademark Overprotection: Comparing The United States, European Union, And United Kingdom, Jodi S. Balsam Jan 2022

Timeout For Sports Trademark Overprotection: Comparing The United States, European Union, And United Kingdom, Jodi S. Balsam

California Western International Law Journal

No abstract provided.


Would Hitler Define Jews Living In His Germany As Citizens? An Amendment To The Foreign Sovereign Immunities Act Could Solve This Legal Puzzle For United States Courts, Tonya Bordeaux Larson Jan 2022

Would Hitler Define Jews Living In His Germany As Citizens? An Amendment To The Foreign Sovereign Immunities Act Could Solve This Legal Puzzle For United States Courts, Tonya Bordeaux Larson

California Western International Law Journal

No abstract provided.


Will Brazil Ever Escape Its Tax "Madhouse"?: Key Takeaways For Foreign Investors, Nicolas Jose Muniz Arias Jan 2022

Will Brazil Ever Escape Its Tax "Madhouse"?: Key Takeaways For Foreign Investors, Nicolas Jose Muniz Arias

California Western International Law Journal

No abstract provided.


Bizarre Love Triangle: The Trilateral Responses To Tame The United States-Mexico Border, James M. Cooper Jan 2022

Bizarre Love Triangle: The Trilateral Responses To Tame The United States-Mexico Border, James M. Cooper

Faculty Scholarship

This article explores the role that multilateral agreements among Canada, Mexico, and the United States, and bilateral agreements between the United States and Mexico, have played along the border. Part I of this article explores the Washington Consensus and the culture of accumulation, plunder, and extractivism that it has engendered. Part II delves into various economic integration pacts that are part of the Washington Consensus starting with the NAFTA, then the Security and Prosperity Partnership (SPP), and finally, the United States-Mexico-Canada Agreement. It concludes that neither agreement make the border safer, nor make its working people more prosperous.


Same As It Ever Was : The Tijuana River Sewage Crisis, Non-State Actors, And The State, James M. Cooper Jan 2022

Same As It Ever Was : The Tijuana River Sewage Crisis, Non-State Actors, And The State, James M. Cooper

Faculty Scholarship

Sewage—a scary mixture of human waste and industrial toxins—flows into the Tijuana River Valley, an environmentally sensitive watershed that straddles the United Mexican States ("Mexico") and the United States of America. Treatment plants, a deteriorating one in Punta Bandera with limited capacity south of the border, and another in San Diego County completed in 1997, are inadequate to process the volume of sewage. So much sewage made its way into the Tijuana River that CBS 60 Minutes broadcast a special report on the binational environmental disaster in 2020.

Border factories and a population spike contribute to the sewage. Maquiladoras, …