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הורות משפטית מן הדין ומן הצדק - Legal Parenthood - Law And Justice, Yehezkel Margalit Aug 2018

הורות משפטית מן הדין ומן הצדק - Legal Parenthood - Law And Justice, Yehezkel Margalit

Hezi Margalit

מן המפורסמות שאינן צריכות לראיה היא הקביעה שלפיה הכרה בהורות משפטית בישראל של פרט מסוים אפשרית אך ורק מכוח זיקה ביולוגית, גנטית או פיזיולוגית; מכוח צו אימוץ או לחלופין מכוח קבלת צו הורות בסיומו של הליך לנשיאת עוברים. אולם זעיר פה זעיר שם, הלכה למעשה, מתקבלות החלטות שיפוטיות שאינן עולות בקנה אחד עם תפיסת עולם קוהרנטית ומקיפה לכאורה זו, הסודקות עוד ועוד תובנה זו. ללא כל ספק, דרך המלך בקעקועה של הנחת העבודה המקובלת היא השימוש ההולך וגובר בצו הורות פסיקתי. בהליך בתולי זה במשפט הישראלי החלו בתי המשפט לענייני משפחה להשתמש במחצית הראשונה של שנת 2012 בהקניית אימהות משפטית ...


"Cerd-Ain" Reform: Dismantling The School-To-Prison Pipeline Through More Thorough Coordination Of The Departments Of Justice And Education, Lisa A. Rich Jul 2018

"Cerd-Ain" Reform: Dismantling The School-To-Prison Pipeline Through More Thorough Coordination Of The Departments Of Justice And Education, Lisa A. Rich

Lisa A. Rich

In the last year of his presidency, President Barack Obama and his administration have undertaken many initiatives to ensure that formerly incarcerated individuals have more opportunities to successfully reenter society. At the same time, the administration has been working on education policy that closes the achievement gap and slows the endless flow of juveniles into the school-to-prison pipeline. While certainly laudable, there is much more that can be undertaken collaboratively among executive branch agencies to end the school-to-prison pipeline and the endless cycle of people re-entering the criminal justice system.

This paper examines the rise of the school-to-prison pipeline through ...


Lest We Fail: The Importance Of Enforcement In International Criminal Law, Mary Margaret Penrose Jul 2018

Lest We Fail: The Importance Of Enforcement In International Criminal Law, Mary Margaret Penrose

Meg Penrose

No abstract provided.


Kavanaugh And The Military Commissions: Reading The Law “As Written” For An Unpopular Defendant, Peter Margulies Jul 2018

Kavanaugh And The Military Commissions: Reading The Law “As Written” For An Unpopular Defendant, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Use Of Force At The Gaza Border: A Hybrid Approach To Tactical Challenges, Geoffrey Corn, Peter Margulies Jun 2018

Use Of Force At The Gaza Border: A Hybrid Approach To Tactical Challenges, Geoffrey Corn, Peter Margulies

Law Faculty Scholarship

No abstract provided.


"Over-Hauling" The Law Governing Lobster Fishing, Tyler J. Lauzon Jun 2018

"Over-Hauling" The Law Governing Lobster Fishing, Tyler J. Lauzon

Ocean and Coastal Law Journal

Lobster fishing is one of Maine’s most famous and important industries. In order for the industry to thrive, it is necessary that the lobster stock continue to be bountiful. One way to achieve a bountiful stock of lobster is to place limits on the amount of lobster that can be fished in any given year. The legal world offers a number of ways to achieve this end. Some mechanisms that have been employed in various jurisdictions include minimum and maximum legal sizes, v-notching, and trap limits. Although these laws can be very effective in reducing the number of lobsters ...


The World Beyond Seaworld: A Comparative Analysis Of International Law Protecting Cetacea In Captivity, Casey M. Weed Jun 2018

The World Beyond Seaworld: A Comparative Analysis Of International Law Protecting Cetacea In Captivity, Casey M. Weed

Ocean and Coastal Law Journal

Over the past few decades, the public has become more and more aware of the inhumane and incredibly harsh treatment of marine mammals being kept in captivity, specifically for entertainment purposes. Anger and outrage reached a heighted level after the CNN documentary, Blackfish, was released in 2013, as the film brought increased awareness to viewers across the country. However, the issue of marine mammals in captivity reaches far deeper than the SeaWorld controversy of recent years; in fact, the issue spans even beyond the United States. This article therefore analyzes the laws which allow for such captivity to take place ...


Increasing International Legal Protections For Freedom Of Expression, Alan Wehbé May 2018

Increasing International Legal Protections For Freedom Of Expression, Alan Wehbé

Notre Dame Journal of International & Comparative Law

The international community seems to largely agree on the fundamental nature of the freedom of expression. Even countries that do not seem, in practice, to respect the freedom of expression still tend to ratify, sign, or be party to international instruments to that end. This duality tends to simplify the legal argument, but complicate the actual practice for promoting freedom of expression worldwide. For those who agree that the United States is a leader in international affairs, shift towards a more definitive State practice reinforcing the freedom of expression is an easy sell. For those who dispute whether the United ...


Making A Market For Corporate Disclosure, Kevin S. Haeberle, M. Todd Henderson Apr 2018

Making A Market For Corporate Disclosure, Kevin S. Haeberle, M. Todd Henderson

Faculty Publications

It has long been said that market forces alone will result in a problematic under-sharing of information by public companies. Since the 1930s, the main regulatory response to this market failure has come in the form of the massive mandatory-disclosure regime that sits at the foundation of modern securities law. But this regime—especially when viewed along with its speech-chilling antifraud overlay—no doubt leaves society without all the corporate information from which it would benefit. The typical fix offered to the problem has been more of the same: add to the 100-plus-page list of what firms must disclose, often ...


The Icc Policy Paper On Sexual And Gender-Based Crimes: A Crucial Step For International Criminal Law, Valerie Oosterveld Mar 2018

The Icc Policy Paper On Sexual And Gender-Based Crimes: A Crucial Step For International Criminal Law, Valerie Oosterveld

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


The Role Of International Human Rights Law In Mediating Between The Rights Of Parents And Their Children Born With Intersex Traits In The United States, Cristian González Cabrera Mar 2018

The Role Of International Human Rights Law In Mediating Between The Rights Of Parents And Their Children Born With Intersex Traits In The United States, Cristian González Cabrera

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Reimagining Justice For Gender-Based Crimes At The Margins: New Legal Strategies For Prosecuting Isis Crimes Against Women And Lgbtiq Persons, Lisa Davis Mar 2018

Reimagining Justice For Gender-Based Crimes At The Margins: New Legal Strategies For Prosecuting Isis Crimes Against Women And Lgbtiq Persons, Lisa Davis

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Gender Violence And Human Rights In An Era Of Backlash, Julie Goldscheid Mar 2018

Gender Violence And Human Rights In An Era Of Backlash, Julie Goldscheid

William & Mary Journal of Race, Gender, and Social Justice

This Article brings the lens of civil cases seeking accountability for gender violence to the question of how international human rights decisions interpret gender and gender norms. It argues that a broad interpretation of gender is particularly critical as we face increasing backlash globally. It demonstrates how international human rights decisions assessing state responses to gender violence recognize the role of historic gender biases and stereotypes in holding states to account for redressing discriminatory responses to abuse, and considers structural limitations in those instruments that could impede those instruments’ transformative reach.


Why A President Cannot Authorize The Military To Violate (Most Of) The Law Of War, John C. Dehn Feb 2018

Why A President Cannot Authorize The Military To Violate (Most Of) The Law Of War, John C. Dehn

William & Mary Law Review

Waterboarding and “much worse,” torture, and “tak[ing] out” the family members of terrorists: President Trump endorsed these measures while campaigning for office. After his inauguration, Trump confirmed his view of the effectiveness of torture and has not clearly rejected other measures forbidden by international law. This Article therefore examines whether a President has the power to order or authorize the military to violate international humanitarian law, known as the “law of war.” Rather than assess whether the law of war generally constrains a President as Commander-in-Chief, however, its focus is the extent to which Congress requires the U.S ...


American Lobster Claws Threatened By Eu Invasive Species Laws:How The Eu Invasive Species Act Applies Non-Uniformly To Aquatic Species., Joseph D. Foltz Jan 2018

American Lobster Claws Threatened By Eu Invasive Species Laws:How The Eu Invasive Species Act Applies Non-Uniformly To Aquatic Species., Joseph D. Foltz

Ocean and Coastal Law Journal

In 2014 the European Union enacted the “Prevention and Management of the Introduction and Spread of Invasive Alien Species Act” (Act) as a way to restrict the transportation and consumption of non-native animal and plant species that harmed native animal and plant species. As a result of this Act, thirty-seven species were deemed “invasive alien species” and were placed on a “list of Union concern” which restricted their importation and movement within the EU. Two species on this list include the Virile Crayfish (Orconectes virilis) and the Pond Slider (Trachemys scripta). On February 29, 2016, Sweden (a European Union member ...


Toward Distributive Justice In Offshore Natural Resources Development: Iceland And Norway In The Jan Mayen, Anita L. Parlow Jan 2018

Toward Distributive Justice In Offshore Natural Resources Development: Iceland And Norway In The Jan Mayen, Anita L. Parlow

Ocean and Coastal Law Journal

As pressures of globalization and advances in technology accelerate, more and more remote, coastal, and small communities are left financially stranded and disempowered. Many communities located at the historic periphery of global markets and trade routes are, often paradoxically, marginalized from the benefits of globalized trade, even while their more accessible natural resources have moved far closer to the center of global markets. The powerful political institutions of nation states combined with growing transnational businesses are driving a combination of boosts in national economies, explosions in technology, and fewer international restrictions on capital. This three-pronged dynamic is reshaping the structure ...


The Iwt And The Unwc: Commonalities And Differences, Waseem Ahmad Qureshi Jan 2018

The Iwt And The Unwc: Commonalities And Differences, Waseem Ahmad Qureshi

Ocean and Coastal Law Journal

Amid global water scarcity and a surge in population, leading nations have started racing to occupy freshwater resources around the world. While there remains no international agreement applying universally worldwide, almost all major international watercourses and powerful nations remain out of the scope of any sort of legal obligation. Bilateral and multilateral treaties have become the governing legal framework to regulate freshwater utilization. In this context, the United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses (UNWC) and the Draft Articles on the Law of Transboundary Aquifers (DALTA) play a significant role, serving not only as ...


The Supreme "Courts" Of The Roman Empire, C.G. Bateman Jan 2018

The Supreme "Courts" Of The Roman Empire, C.G. Bateman

C.G. Bateman

Question
Why and how did Constantine go further than merely tolerating Christianity, and put himself at the head of their affairs and legislate Christian bishops into the position of Roman judges whose decisions were not subject to appeal? What effect did the rescript of 333 have on the meaning of the earlier edict of 318, and why is this important?[1]
 
Constantine, the Roman Emperor from 315-337, was a law-giver who first put the Christian Church in the place of primacy in the organization of the state that it only lost as recently as the seventeenth century; as such, he ...


Inclusive Capitalism Based On Binary Economics And Positive International Human Rights In The Age Of Artificial Intelligence, Chris Fleissner Jan 2018

Inclusive Capitalism Based On Binary Economics And Positive International Human Rights In The Age Of Artificial Intelligence, Chris Fleissner

Washington University Global Studies Law Review

The degree to which wage labor will sustain purchasing power over the long term has become a subject of renewed scrutiny in the twenty-first century. Decreasing labor share of compensation for economic growth and the development of disruptive automation technologies approaching human-level intelligence have invited inquiries into the institutions, rules, and norms driving the generation and distribution of earnings from labor and capital, the concentration of wealth, and access to opportunities to participate in the global economy.

This Note considers the role of positive human rights in this context through the lens of a paradigm known as inclusive capitalism based ...


Regulatory Cooperation In International Trade And Its Transformative Effects On Executive Power, Elizabeth Trujillo Jan 2018

Regulatory Cooperation In International Trade And Its Transformative Effects On Executive Power, Elizabeth Trujillo

Faculty Scholarship

As international trade receives the brunt of local discontent with globalization trends and recent changes by the Trump administration have put into question the viability of such trade arrangements moving forward, there has been a clear trend in using international trade fora for managing regulatory barriers on economic development. This paper will discuss this recent trend in international trade toward increased regulatory cooperation through the creation of formalized transnational regulatory bodies, such as the U.S.-EU Regulatory Cooperation Body that was being discussed in the TTIP negotiations and comparable ones in the Canadian-EU Trade Agreement as well as U ...


Encryption, Asymmetric Warfare, And The Need For Lawful Access, Geoffrey S. Corn Dec 2017

Encryption, Asymmetric Warfare, And The Need For Lawful Access, Geoffrey S. Corn

William & Mary Bill of Rights Journal

No abstract provided.


International Law In National Schools, Ryan M. Scoville Oct 2017

International Law In National Schools, Ryan M. Scoville

Indiana Law Journal

Why is international law ineffective at times in achieving its aims, such as preventing human rights abuses, forestalling armed conflict, and ensuring global cooperation on matters ranging from the environment to nuclear proliferation? This Article offers original empirical research to suggest that an important and underappreciated part of the answer lies in legal education. Conducting a global survey on the study of international law at thousands of law schools in over 190 countries, the Article reveals significant cross-national disparities in the pervasiveness of international legal training, and draws on other research to highlight similar variations in instructional quality, topical emphases ...


Unilateral Non-Colonial Secessions: An Affirmation Of The Right To Self-Determination And A Legal Exception To The Use Of Force In International Law, Ilya Berlin Aug 2017

Unilateral Non-Colonial Secessions: An Affirmation Of The Right To Self-Determination And A Legal Exception To The Use Of Force In International Law, Ilya Berlin

Electronic Thesis and Dissertation Repository

Secession has contributed to nearly 50 intra-state armed conflicts around the world, and remains a complex issue in public international law. Over the past 72 years, several cases stand out as providing evidence of state practice with regards to invoking a successful right to unilateral secession: Bangladesh, Croatia, South Sudan, East Timor, Eritrea and Kosovo, to name a few. However, apart from invoking a right to secession, these cases also share a common factor that legitimized their independence: their Unilateral Non-Colonial (UNC) secessions became legal as a result of two factors: (i) an invocation of a right to self-determination which ...


Affirming Brahimi: East Timor Makes The Case For A Model Criminal Code, Megan A. Fairlie Jul 2017

Affirming Brahimi: East Timor Makes The Case For A Model Criminal Code, Megan A. Fairlie

Megan A. Fairlie

No abstract provided.


Public Law, Private Actors: The Impact Of Human Rights On Business Investors In China Symposium: Doing Business In China, Diane F. Orentlicher, Timothy A. Gelatt Jun 2017

Public Law, Private Actors: The Impact Of Human Rights On Business Investors In China Symposium: Doing Business In China, Diane F. Orentlicher, Timothy A. Gelatt

Diane Orentlicher

Should companies invest at all in countries, like China, where severe human rights abuses are pervasive? If they do invest, should they restrict their operations to areas of the country that have a comparatively good human rights record? Are there basic principles that transnational companies should observe to ensure, at a minimum, that they do not become complicit in a host government's abrogation of universally-recognized human rights? Should such principles be enforced by Executive or congressional fiat, or should companies take primary responsibility for policing themselves? How can companies that wish to factor human rights considerations into their business ...


International Law And National Security: A View From Abroad On Current Trends In Targeting, Detention, And Trials, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Floersheimer Center For Constitutional Democracy May 2017

International Law And National Security: A View From Abroad On Current Trends In Targeting, Detention, And Trials, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Floersheimer Center For Constitutional Democracy

Flyers 2016-2017

No abstract provided.


We Are Not Alone: How Extraterritorial Application Of The Endangered Species Act Can Preserve International Endangered Species And Habitats, Katherine M. Macrae May 2017

We Are Not Alone: How Extraterritorial Application Of The Endangered Species Act Can Preserve International Endangered Species And Habitats, Katherine M. Macrae

Ocean and Coastal Law Journal

The Great Barrier Reef is the world’s largest coral reef ecosystem and is currently in danger of irreparable destruction due to natural and human-made environmental disturbance. This paper focuses on a case, Center for Biological Diversity v. Export-Import Bank, concerning the extraterritoriality application of the Endangered Species Act to a Federal agency’s funding of liquefied natural gas projects in Australia requiring, in part, the dredging of portions of the Great Barrier Reef. As the health of UNESCO World Heritage Sites and other environmentally protected and culturally important geography is jeopardized, United States’ government activity in foreign jurisdictions raises ...


The Seventeenth Annual International Advocate For Peace Award Honoring Rajiv Shah, Cardozo Journal Of Conflict Resolution (Cjcr) Apr 2017

The Seventeenth Annual International Advocate For Peace Award Honoring Rajiv Shah, Cardozo Journal Of Conflict Resolution (Cjcr)

Flyers 2016-2017

No abstract provided.


No Lost Generations: Refugee Children And Their Human Right To Education, From The Holocaust To The Syrian Civil War, Jessica Warner Mar 2017

No Lost Generations: Refugee Children And Their Human Right To Education, From The Holocaust To The Syrian Civil War, Jessica Warner

MAIS Projects and Theses

International law protects the right to education for refugee children, as is stated in multiple treaties and documents, such as the Universal Declaration of Human Rights (1948), the Convention Relating to the Status of Refugees (1951), the International Covenant on Economic, Social, and Cultural Rights (1966), and the Convention on the Rights of the Child (1990). The purpose of this research is to highlight the historical development of education for refugee children, through programs led by Intergovernmental Organizations (IGOs), as well as to emphasize the importance of education as part of current humanitarian interventions. This thesis examines a past example ...


The International Criminal Court: A Figurehead Of Justice, Megan Stoddard Mar 2017

The International Criminal Court: A Figurehead Of Justice, Megan Stoddard

Senior Theses

International law has existed since nation states began to recognize one another. However, the defined study of international criminal law and the resulting International Criminal Court is a fairly recent institution in our history, so there are still many questions about its operation. The question explored here is the power of the court. When put in the international political stage, the International Criminal Court can seem very powerful, but this is a question of the international influence the court can have over the world, and potential international criminals. To explore these ideas, the history of the court and international criminal ...