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Articles 1 - 18 of 18
Full-Text Articles in International Law
Evolving Sovereignty Relationships Between Affiliated Jurisdictions: Lessons For Native American Jurisdictions, Vaughan Carter, Charlotte Ku, Andrew P. Morriss
Evolving Sovereignty Relationships Between Affiliated Jurisdictions: Lessons For Native American Jurisdictions, Vaughan Carter, Charlotte Ku, Andrew P. Morriss
Faculty Scholarship
Though sovereignty is principally associated with governance over a territory and freedom to act in the international arena, this article examines sovereignty as empowerment. The study tests the applicability to Native American jurisdictions of the experiences of fifteen case study jurisdictions presently associated with the United Kingdom, the Netherlands, and France in shared sovereign relationships. The focus is on the evolution of those relationships and opportunities for development where jurisdictions do not attain full control over their affairs. The case studies examine the relationships from the perspectives of political, economic, and cultural sovereignty. The article further examines the relationships in …
Legal Perspectives On The Streaming Industry: The United States, Irene Calboli
Legal Perspectives On The Streaming Industry: The United States, Irene Calboli
Faculty Scholarship
In the past decade, streaming has become one of the most popular formats of “consuming” entertainment and other content—from music to videos, and concerts, sports, conferences, and other events. In the United States, the majority of consumers subscribe to one or more streaming services today. Popular streaming services include famous platforms such as Spotify, Netflix, Apple Music, or Apple TV, Pandora, YouTube, and more. Beside subscription-based services, several of these platforms offer “freemium,” or ad-paid version of their services, which allow users to access content with advertisements for free. As elaborated in several industry reports and other publications, the rise …
The Impact Of Covid-19 On Immigration Detention, Fatma Marouf
The Impact Of Covid-19 On Immigration Detention, Fatma Marouf
Faculty Scholarship
COVID-19 has spread quickly through immigration detention facilities in the United States. As of December 2, 2020, there have been over 7,500 confirmed COVID-19 cases among detained noncitizens. This Article examines why COVID-19 spread rapidly in immigration detention facilities, how it has transformed detention and deportation proceedings, and what can be done to improve the situation for detained noncitizens. Part I identifies key factors that contributed to the rapid spread of COVID-19 in immigration detention. While these factors are not an exhaustive list, they highlight important weaknesses in the immigration detention system. Part II then examines how the pandemic changed …
The Asean Way Or No Way? A Closer Look At The Absence Of A Common Rule On Intellectual Property Exhaustion In Asean And The Impact On The Asean Market, Irene Calboli
Faculty Scholarship
The Symposium in which this essay is published features recent developments in the law of intellectual property (IP) in Asia. In this essay, I focus on the Association of South East-Asian Nations (ASEAN), a region that I have had the opportunity to visit extensively in the past several years. In particular, I analyze the enforcement of IP rights in the context of the application of the principle of IP exhaustion in individual ASEAN Members, and the relationship between this principle and free movement of goods within the ASEAN region. In the past, I have addressed the same topic with respect …
Whose Land Is It Anyway? Navigating Ghana's Complex Land System, Aimee Kline, Élan Moore, Elizabeth Ramey, Kevin Hernandez, Lauren Ehrhardt, Megan Reed, Morgan Parker, Samantha Henson, Taylor Winn, Taylor Wood
Whose Land Is It Anyway? Navigating Ghana's Complex Land System, Aimee Kline, Élan Moore, Elizabeth Ramey, Kevin Hernandez, Lauren Ehrhardt, Megan Reed, Morgan Parker, Samantha Henson, Taylor Winn, Taylor Wood
Texas A&M Law Review
This Article dives into Ghana’s complex land-registration system, which is influenced by both statutory and customary law. Section II discusses Ghana’s statutory land laws. Section III provides a brief overview of Ghana’s customary land laws. Section IV discusses several obstacles within Ghana’s land-administration system.
Mexico's Energy Reform And The 2012 U.S.-Mexico Transboundary Agreement. An Opportunity For Efficient, Effective And Safe Exploitation Of The Gulf Of Mexico, Guillermo J. Garcia Sanchez
Mexico's Energy Reform And The 2012 U.S.-Mexico Transboundary Agreement. An Opportunity For Efficient, Effective And Safe Exploitation Of The Gulf Of Mexico, Guillermo J. Garcia Sanchez
Faculty Scholarship
Nature knows no legal boundaries. Resources cannot be stopped by walls with barbwire; no matter how high some people want to build them. They cross- national territories and expand under their logic. They belong to many nations, and they are there for the responsible exploitation of their communities. The Gulf of Mexico (Gulf) and its rich hydrocarbon deposits are no exceptions. The implication of this is that for the development of this enclosed sea area to be efficient, effective, and safe it requires not only the cooperation of government officials but also the inclusion of other actors, such as academic …
Entering The Trump Ice Age: Contextualizing The New Immigration Enforcement Regime, Bill Ong Hing
Entering The Trump Ice Age: Contextualizing The New Immigration Enforcement Regime, Bill Ong Hing
Texas A&M Law Review
During the early stages of the Trump ICE age, America seemed to be witnessing and experiencing an unparalleled era of immigration enforcement. But is it unparalleled? Did we not label Barack Obama the “deporter-inchief?” Was it not George W. Bush who used the authority of the Patriot Act to round up nonimmigrants from Muslim and Arab countries, and did his ICE not commonly engage in armed raids at factories and other worksites? Are there not strong parallels that can be drawn between Trump enforcement plans and actions and those of other eras? What about the fear and hysteria that seems …
China's Anti-Corruption Crackdown And The Foreign Corrupt Practices Act, Daniel C.K. Chow
China's Anti-Corruption Crackdown And The Foreign Corrupt Practices Act, Daniel C.K. Chow
Texas A&M Law Review
China’s highly publicized crackdown on corruption may affect the type and number of cases in China that arise under the Foreign Corrupt Practices Act (“FCPA”), but it should not be assumed that the crackdown will necessarily lead to fewer FCPA prosecutions. Although there is some overlap of the goals of China’s corruption crackdown and the goals of the FCPA, China’s crackdown also serves important goals of the ruling Communist Party. The main goal of the current crackdown is to reinforce the Party’s power by targeting enemies and rivals of the current leadership. The crackdown is not aimed at prohibiting bribes …
Principled Negotiation: The Final Answer To The South China Sea Dispute, Hoa Nguyen
Principled Negotiation: The Final Answer To The South China Sea Dispute, Hoa Nguyen
Texas A&M Law Review
Principled negotiation suggests that in any conflict there are interests that motivate a party’s claimed position. Identifying and focusing on these interests instead of the position itself is the best way to solve the underlying conflict, whether it concerns a family quarrel, a business contract, or an international settlement among nations. On the surface of the South China Sea dispute, China, Vietnam, the Philippines, Malaysia, Brunei, and Taiwan all make conflicting claims over various features in the South China Sea, particularly the Spratly and Paracel Islands. However, in reality, each nation has particular interests in mind when asserting its claiming …
Time To Say Local Cheese And Smile At Geographical Indications Of Origin? International Trade And Local Development In The United States, Irene Calboli
Faculty Scholarship
In this Article, I offer some considerations on a possible compromising solution for the controversy between the European Union (EU) and the United States (U.S.) on the regulation of geographical indications of origin (GIs) as part of the negotiations in the Transatlantic Trade and Investment Partnership (TTIP). Notably, I advocate that the EU and the U.S. consider adopting a solution similar to that adopted in the Canada and European Union Comprehensive Economic and Trade Agreement (CETA). In particular, I note that, even though CETA accepted several of the EU's requests to claw-back names that were not previously protected in Canada, …
Toward A Jurisprudence Of Free Expression In Russia: The European Court Of Human Rights, Sub-National Courts, And Intersystemic Adjudication, Robert B. Ahdieh, H. Forrest Flemming
Toward A Jurisprudence Of Free Expression In Russia: The European Court Of Human Rights, Sub-National Courts, And Intersystemic Adjudication, Robert B. Ahdieh, H. Forrest Flemming
Faculty Scholarship
Protection of free expression in Russia is headed the wrong direction, but one institution may still be able to slow its backward slide: the Russian judiciary. In particular, sub-national courts-those operating at the ground level-have the potential to shape a renewed jurisprudence of free expression in Russia. To encourage as much, the European Court ofHuman Rights (ECHR) should engage the Russian courts in a pattern of "intersystemic adjudication, "pressing them to embrace ideas about the role of courts, the law, human rights, and free expression more in line with international norms. Hopefully, this can reverse Russia's current path toward the …
The Role Of Foreign Authorities In U.S. Asylum Adjudication, Fatma E. Marouf
The Role Of Foreign Authorities In U.S. Asylum Adjudication, Fatma E. Marouf
Faculty Scholarship
U.S. asylum law is based on a domestic statute that incorporates an international treaty, the U.N. Protocol Relating to the Status of Refugees. While Supreme Court cases indicate that the rules of treaty interpretation apply to an incorporative statute, courts analyzing the statutory asylum pro- visions fail to give weight to the interpretations of our sister signatories, which is one of the distinctive and uncontroversial principles of treaty interpretation. This Article highlights this significant omission and urges courts to examine the interpretations of other States Parties to the Protocol in asylum cases. Using as an example the current debate over …
Laying To Rest An Ancien Régime: Antiquated Institutions In Louisiana Civil Law And Their Incompatibility With Modern Public Policies, Christopher K. Odinet
Laying To Rest An Ancien Régime: Antiquated Institutions In Louisiana Civil Law And Their Incompatibility With Modern Public Policies, Christopher K. Odinet
Faculty Scholarship
Man faces unprecedented challenges as he barrels through the twenty-first century. The world is now approaching a population of seven billion people, concentrated largely in crowded, overdeveloped urban centers. Global climate change is predicted to cause massive population displacement related to the disappearance of coastal lands and to create dire food shortages within the coming decade. Increasingly, societies are forced to make systemic adaptations to handle the strain of these modern-day crises. Governments must be innovative and adaptive in their efforts to protect the public. When the fundamental goals and objectives of society alter, the law should be modified to …
After The Fall: Financial Crisis And The International Order, Robert B. Ahdieh
After The Fall: Financial Crisis And The International Order, Robert B. Ahdieh
Faculty Scholarship
Recent years have challenged the international order to a degree not seen since World War II — and perhaps the Great Depression. As the U.S. housing crisis metastasized into a financial and economic crisis of grave proportions, and spread to nearly every corner of the globe, the strength of our international institutions — the International Monetary Fund, the World Trade Organization, the Group of Twenty, the Basel Committee on Banking Supervision, and others — was tested as never before. Likewise tested, were the limits of our national commitment to those institutions, to our international obligations, and to global engagement more …
Holding The World Bank Accountable For The Leakage Of Funds From Africa’S Health Sector, Fatma E. Marouf
Holding The World Bank Accountable For The Leakage Of Funds From Africa’S Health Sector, Fatma E. Marouf
Faculty Scholarship
This article explores the accountability of international financial institutions (IFIs), such as the World Bank, for human rights violations related to the massive leakage of funds from sub-Saharan Africa’s health sector. The article begins by summarizing the quantitative results of Public Expenditure Tracking Surveys performed in six African countries, all showing disturbingly high levels of leakage in the health sector. It then addresses the inadequacy of good governance and anticorruption programs in remedying this problem. After explaining how the World Bank’s Inspection Panel may serve as an accountability mechanism for addressing the leakage of funds, discussing violations of specific Bank …
Foreign Affairs, International Law, And The New Federalism: Lessons From Coordination, Robert B. Ahdieh
Foreign Affairs, International Law, And The New Federalism: Lessons From Coordination, Robert B. Ahdieh
Faculty Scholarship
Even after the departure of two of its most prominent advocates - Chief Justice William Rehnquist and Justice Sandra Day O'Connor - the federalism revolution initiated by the Supreme Court almost twenty years ago continues its onward advance. If recent court decisions and congressional legislation are any indication, in fact, it may have reached a new beachhead in the realm of foreign affairs and international law. The emerging federalism in foreign affairs and international law is of a distinct form, however, with distinct implications for the relationship of sub-national, national, and international institutions and interests.
This article - prepared for …
Between Dialogue And Decree: International Review Of National Courts, Robert B. Ahdieh
Between Dialogue And Decree: International Review Of National Courts, Robert B. Ahdieh
Faculty Scholarship
Recent years have seen dramatic growth in the number of international tribunals at work across the globe, from the Appellate Body of the World Trade Organization and the International Tribunal for the Law of the Sea, to the Claims Resolution Tribunal for Dormant Claims in Switzerland and the International Criminal Court. With this development has come both increased opportunity for interaction between national and international courts and increased occasion for conflict. Such friction was evident in the recent decision in Loewen Group, Inc. v. United States, in which an arbitral panel constituted under the North American Free Trade Agreement found …
The Hand That Rocks The Cradle: How Children's Literature Reflects Motherhood, Identity, And International Adoption, Susan Ayres
The Hand That Rocks The Cradle: How Children's Literature Reflects Motherhood, Identity, And International Adoption, Susan Ayres
Faculty Scholarship
Children's books are "a source of law" for children because "[children] are constantly trying to make sense of what is going on around them, and although literature itself is only a constituent of life experience, as a constituent it is potentially of the greatest importance." As adults and lawyers, we can also read children's books as a source of law because they reflect patriarchal ideologies about the family and stigma surrounding adoption. Like other myths, children's books tell stories about origins and constitute not only subjects but are also the foundation of law by reflecting legal norms and projecting legal …