Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 14 of 14
Full-Text Articles in Law
Moving Beyond The Wto: A Proposal To Adjudicate Gmo Disputes In An International Environmental Court, Marguerite A. Hutchinson
Moving Beyond The Wto: A Proposal To Adjudicate Gmo Disputes In An International Environmental Court, Marguerite A. Hutchinson
San Diego International Law Journal
This Article begins with a brief summary of the scientific basis of creating GMOs and its historic precursors. The second section provides an overview of risks to humans and the environment. The third part of this Article analyzes the arguments put forward by both the United States and the E.U., which have defined the conflict between blocs of countries pushing GMOs abroad and those who persistently reject them. The fourth section evaluates the respective regulatory schemes imposed on GMOs by the United States and Europe, domestically and by international treaty. The success of these systems is evaluated in the fifth …
"There's No Place Like Home" Doma Deportation: The Forced Expatriation Of Bi-National Same-Sex Couples From The United States To Canada, Anh "Annie" Nguyen
"There's No Place Like Home" Doma Deportation: The Forced Expatriation Of Bi-National Same-Sex Couples From The United States To Canada, Anh "Annie" Nguyen
San Diego International Law Journal
This comment will focus on bi-national same-sex couples who are forced to expatriate from the united states to canada because of DOMA’s detrimental effects on their relationship. more specifically, part I focuses on DOMA’s constitutionality, effects on bi-national same-sex couples, and current legal challenges. Part II provides a historical analysis of the united states’ attitude towards same-sex unions before describing current legislation regarding same-sex couples. Part III describes canada’s recognition of same-sex marriage and support of immigration equality, comparing and contrasting the canadian approach with the united states’ approach. Part IV explains the current legal and financial issues that bi-national …
Untangling The Web: Exploring Internet Regulation Schemes In Western Democracies, Renee Keen
Untangling The Web: Exploring Internet Regulation Schemes In Western Democracies, Renee Keen
San Diego International Law Journal
This Comment investigates past censorship schemes proposed and implemented by selected democratic administrations, in order to develop an improved framework and accompanying infrastructure that may accomplish the goals that these policies envisioned, but failed to achieve. The difficulty of this undertaking is in developing the intermediate and legally defensible parameters under which a regulation scheme can endure and gain support in a democratic society. The greater difficulty lies in developing a system that can accomplish these objectives in the burgeoning and ever-changing cyber realm. The challenges posed by Internet activity are novel ones, and the legitimacy of the actions taken …
Evolving Regulation Of Corporate Governance And The Implications For D&O Liability: The United States And Australia, Joan T.A. Gabel, Nancy R. Mansfield, Paul Von Nessen, Austin W. Hall, Andrew Jones
Evolving Regulation Of Corporate Governance And The Implications For D&O Liability: The United States And Australia, Joan T.A. Gabel, Nancy R. Mansfield, Paul Von Nessen, Austin W. Hall, Andrew Jones
San Diego International Law Journal
This Article compares the modern corporate regulatory environments in the United States and Australia, including an analysis of the climate for Directors & Officers (D & O) liability coverage. Comparing these regulations across two large markets with similar historical bases for assessing director and officer liability allows us to explore which reforms may be more effective as new scandals emerge.
Carbon Down Under - Lessons From Australia: Two Recommendations For Clarifying Subsurface Property Rights To Facilitate Onshore Geologic Carbon Sequestration In The United States, Tracy J. Logan
San Diego International Law Journal
This Comment’s analysis requires a few necessary assumptions. First, the feasibility of large-scale deployment of geologic CCS technology for the purposes of permanently storing CO2 is assumed. Second, the establishment of a regulatory framework with incentives to mitigate or offset GHGs is assumed. Third, the carbon-capture technology retrofitting of point-source emitters is assumed. And finally, the existence of infrastructure to transport supercritical CO2 to a storage site is assumed. This Comment contains five parts: Part I provides an introduction and overview to contextualize the need for CCS; Part II details the technology of GS; Part III is an overview of …
Copyright Or Trademark? Can One Boy Wizard Prevent Film Title Duplication?, Anna Phillips
Copyright Or Trademark? Can One Boy Wizard Prevent Film Title Duplication?, Anna Phillips
San Diego International Law Journal
This Comment will examine the various approaches that India, the United Kingdom, and the United States take in dealing with film title disputes. Second, this Comment will discuss a case brought by Warner Brothers regrding a Harry Potter film title dispute in India and how the outcome of the case affects title infringement issues... Finally, this Comment will discuss a possible loophole in current trademark regulations regarding film titles that will support the argument that countries should use both copyright and trademark law to minimize the release of film titles that are similar or identical to those already on the …
Confronting The Limits Of The First Amendment: A Proactive Approach For Media Defendants Facing Liability Abroad, Michelle A. Wyant
Confronting The Limits Of The First Amendment: A Proactive Approach For Media Defendants Facing Liability Abroad, Michelle A. Wyant
San Diego International Law Journal
This Article confronts the limits this issue imposes on the First Amendment in four parts. Part I described the potential for conflicting defamation laws and forum shopping to undermine the American media's speech protections in the context of the Internet and global publications and outlines the Article's overall method of analysis. Part II first orients these conflicting defamation laws with respect to their development from the common law. It then frames them in terms of the underlying structural and policy differences that have produced their substantive divergence. This frame provides the analytical perspective through which this Article examines the varying …
The Clear And Present Danger Test In Anglo-American And European Law, David G. Barnum
The Clear And Present Danger Test In Anglo-American And European Law, David G. Barnum
San Diego International Law Journal
This Article will examine the role that the danger test has played in the decisions of American courts and, more recently, in the decisions of British courts and the enforcement organs of the European Convention. Part I will briefly trace the immediate Anglo-American constitutional background from which the danger test emerged. It particular, it will examine the way in which the common law offense of seditious libel was defined by British judges and judicial commentators in the late nineteenth century. Part II will focus on the evolution in American law of judicial attempts to articulate both a "content-based" and an …
Money Talks: The Influence Of Economic Power On The Employment Laws And Policies In The United States And France, Carole A. Scott
Money Talks: The Influence Of Economic Power On The Employment Laws And Policies In The United States And France, Carole A. Scott
San Diego International Law Journal
Money talks. Money changes everything. There is nothing money cannot buy. These are all familiar phrases used to describe the desirable, and undesirable, effects of money. Money can also mean power, and more specifically, economic power. Indeed, economic power is becoming an increasingly important concept for a wide range of academic disciplines. For example, the concept of economic power has heavily influenced a new theory of international relations, namely globalization. Many globalization theorists argue that economic power is replacing military power in global politics. Other scholars contend that globalization is creating a new world order where economics are the central …
Legislative And Policy Responses To Terrorism, A Global Perspective, Amos N. Guiora
Legislative And Policy Responses To Terrorism, A Global Perspective, Amos N. Guiora
San Diego International Law Journal
While Tuesday morning, September 11, 2001, would strike most Americans as the starting date for terrorism- at least as understood by a recently attacked America- the truth is very different both from the American and international perspective. The scope and intensity of the attack that Tuesday morning dramatically changed the American response to terrorism in the short-term and long-term. The change in America's response has impacted the American political debate, its way of life, and its legal and policy perspectives regarding terrorism and counter-terrorism alike. September 11 also had a global impact from an operational, intelligence-gathering, policy and legal perspective. …
Countering Terrorism: From Wigged Judges To Helmeted Soldiers - Legal Perspectives On America's Counter-Terrorism Responses, Jackson Nyamuya Maogoto
Countering Terrorism: From Wigged Judges To Helmeted Soldiers - Legal Perspectives On America's Counter-Terrorism Responses, Jackson Nyamuya Maogoto
San Diego International Law Journal
This Article aims to evaluate the international legal perspectives attendant to U.S. counter-terrorism measures and policy and the attendant strictures an implications. Part II commences by grappling with the uneasy relationship that legal and political complexities have foisted on the UN's ability to address terrorism and the difficult issue of the definition of terrorism. Within the context of this part, the Article also addresses the two dominant counter-terrorism paradigms-law enforcement and conflict management. Part III oves on to evaluate the law enforcement paradigm which treats terrorism as a crime engaging domestic law enforcement. This part offers a discussion of the …
The European Neighborhood Policy And Its Impact On The Israel - European Union - United States Triangle, Guy Harpaz
The European Neighborhood Policy And Its Impact On The Israel - European Union - United States Triangle, Guy Harpaz
San Diego International Law Journal
This Article is not intended to deal with the feasibility of successfully implementing the [European Neighbourhood Policy] ENP, nor does it address its normative aspects from the European perspective. Instead, this article assumes that the parties will successfully implement the ENP, and on the basis of that assumption, attempts to provide a first, critical and interdisciplinary examination of the potentially significant impact of the ENP on the legal, economic, social, and trade landscape of the State of Israel, her citizens, economy, and on her relations with the EU and the United States.
Regionalism, Fisheries, And Environmental Challenges In The Pacific, Jon M. Van Dyke
Regionalism, Fisheries, And Environmental Challenges In The Pacific, Jon M. Van Dyke
San Diego International Law Journal
The Pacific, the world's largest ocean, contains many of the world's smallest countries. Most of these isolated islands were under colonial domination from the mid-19th century (or earlier) until about the 1970s, when they became independent. New Zealand (Aotearoa) and Australia participate in many Pacific regional organizations and activities. They are viewed as partners but play separate and different, while still important, roles because of their larger size and differences in culture and history.
Trademark Distinctiveness In A Multilingual Context: Harmonization Of The Treatment Of Marks In The European Union And The United States, Eric E. Bowman
Trademark Distinctiveness In A Multilingual Context: Harmonization Of The Treatment Of Marks In The European Union And The United States, Eric E. Bowman
San Diego International Law Journal
This Comment will examine the similarities and differences between the trademark protection laws with regard to the multi-cultural nature of the consuming public of the European Union and that of the United States, and then will recommend ways in which the laws can be harmonized to promote the congruent development and expansion of economic activities globally. This harmonization is necessary in light of the interplay between these schemes for protection of marks and the protection provided under the Paris Convention for the Protection of Industrial Property, the Madrid Agreement Concerning the International Registration of Marks, and the Madrid Protocol. The …