Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Nova Southeastern University (23)
- Brooklyn Law School (10)
- UC Law SF (10)
- Maurer School of Law: Indiana University (6)
- Seattle University School of Law (5)
-
- Selected Works (5)
- University of Nebraska - Lincoln (5)
- Pace University (4)
- University of Georgia School of Law (4)
- Penn State Law (3)
- University of Miami Law School (3)
- University of Michigan Law School (3)
- Duke Law (2)
- Florida State University College of Law (2)
- U.S. Naval War College (2)
- American University Washington College of Law (1)
- Chicago-Kent College of Law (1)
- Cleveland State University (1)
- Columbia Law School (1)
- Fordham Law School (1)
- Golden Gate University School of Law (1)
- Liberty University (1)
- Marquette University Law School (1)
- New York Law School (1)
- Notre Dame Law School (1)
- Penn State Dickinson Law (1)
- Roger Williams University (1)
- Schulich School of Law, Dalhousie University (1)
- Texas A&M University School of Law (1)
- The Catholic University of America, Columbus School of Law (1)
- Keyword
-
- Arbitration (4)
- International law (4)
- Benefit Corporation (3)
- Berle VIII (3)
- CSR codes (3)
-
- Human rights (3)
- Law (3)
- Africa (2)
- Brazil (2)
- Canada (2)
- China (2)
- Colombia (2)
- Egypt (2)
- Enforcement (2)
- Environment (2)
- European Union (2)
- Globalization (2)
- Human Rights Law (2)
- ISIS (2)
- International (2)
- Iran (2)
- Islam (2)
- Judicial (2)
- Labour (2)
- Law of Armed Conflict (2)
- Operational Law (2)
- Peru (2)
- Social (2)
- Stakeholder (2)
- Sustainable development (2)
- Publication
-
- ILSA Journal of International & Comparative Law (23)
- UC Law SF International Law Review (10)
- Brooklyn Journal of International Law (8)
- Indiana Journal of Global Legal Studies (6)
- Seattle University Law Review (5)
-
- Space, Cyber, and Telecommunications Law Program: Faculty Publications (5)
- Georgia Journal of International & Comparative Law (4)
- Faculty Scholarship (3)
- University of Miami Inter-American Law Review (3)
- Arbitration Law Review (2)
- Articles (2)
- Brooklyn Journal of Corporate, Financial & Commercial Law (2)
- International Law Studies (2)
- Pace International Law Review (2)
- Scholarly Publications (2)
- Articles & Chapters (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Articles, Book Chapters, & Popular Press (1)
- Biennial Conference: The Social Practice of Human Rights (1)
- Charlotte Ku (1)
- Chicago-Kent Law Review (1)
- Dickinson Law Review (2017-Present) (1)
- Dissertations & Theses (1)
- Electronic Thesis and Dissertation Repository (1)
- Environmental Law Program Publications @ Haub Law (1)
- Fordham Law Review (1)
- Fulbright Symposium (1)
- Law & Economics Working Papers (1)
- Law Faculty Articles and Essays (1)
- Law Faculty Scholarship (1)
- Publication Type
Articles 1 - 30 of 108
Full-Text Articles in International Law
Urbanization, Land Rights And Development: A Case Study Of Waterfront Communities In Lagos, Nigeria., Gideon Olaniyi Omoniyi
Urbanization, Land Rights And Development: A Case Study Of Waterfront Communities In Lagos, Nigeria., Gideon Olaniyi Omoniyi
Master's Theses
The aim of this study is to examine the root causes of forced evictions and displacement through the current urbanization process in Lagos, Nigeria. My particular attention is devoted to the legal complexities and how ethnolinguistic identities shape land laws, influence land tenure, and construct urban citizenship. Through this process, competing claims to land ownership provide fertile ground for forced evictions and displacement. Existing scholars suggest that poor urban residents lack rights to stay in their neighborhoods, while a powerful capitalist class has emerged and dispossessed the poor from their lands. Yet these existing approaches derived from the neoclassical and …
Slipping Through The Cracks: How Digital Music Streaming Cuts Corners On Artists’ Royalty Revenues Globally, Frances Lewis
Slipping Through The Cracks: How Digital Music Streaming Cuts Corners On Artists’ Royalty Revenues Globally, Frances Lewis
Brooklyn Journal of International Law
At a time when the digital distribution of music is dominating the music industry, there are more music consumers than ever. This makes it vitally important for performing artists to receive the credit they are due. An inherent problem in music’s digital distribution market is that music streaming companies often fail to acquire proper licenses to expand their music libraries faster than their competitors. Performing artists who may not have the same income stream as their A-list counterparts often cannot bear the cost of litigation to pursue uncredited royalties. The U.S. class action model provides performing artists with a legal …
What About Small Businesses? The Gdpr And Its Consequences For Small U.S.-Based Companies, Craig Mcallister
What About Small Businesses? The Gdpr And Its Consequences For Small U.S.-Based Companies, Craig Mcallister
Brooklyn Journal of Corporate, Financial & Commercial Law
Fast-approaching changes to European data privacy law will have consequences around the globe. Historically, despite having dramatically different approaches to data privacy and data protection, the European Union and the United States developed a framework to ensure that the highspeed freeway that is transatlantic data transfer moved uninterrupted. That framework was overturned in the wake of revelations regarding U.S. surveillance practices, and amidst skepticism that the United States did not adequately protect personal data. Further, the European Union enacted the General Data Protection Regulation (GDPR), a sweeping overhaul of the legal data protection landscape that will take effect in May …
Sovereign Debt Restructuring And English Governing Law, Steven L. Schwarcz
Sovereign Debt Restructuring And English Governing Law, Steven L. Schwarcz
Brooklyn Journal of Corporate, Financial & Commercial Law
The problem of sovereign indebtedness is becoming a worldwide crisis because nations, unlike individuals and corporations, lack access to bankruptcy laws to restructure unsustainable debt. Decades of international efforts to solve this problem through contracting and attempted treaty-making have failed to provide an adequate debt-restructuring framework. A significant amount of outstanding sovereign debt is governed, however, by English law. This Article argues that the U.K. Parliament has the extraordinary power to help solve the problem of unsustainable country debt by changing English law to facilitate fair and consensual debt restructuring. This Article also proposes modifications to English law that Parliament …
The Scrivener’S Secrets Seen Through The Spyglass: Gchq And The International Right To Journalistic Expression, Matthew B. Hurowitz
The Scrivener’S Secrets Seen Through The Spyglass: Gchq And The International Right To Journalistic Expression, Matthew B. Hurowitz
Brooklyn Journal of International Law
As part of the U.K.’s electronic surveillance program, the Government Communications Headquarters (GCHQ), started in 1909 to combat German Spies, now collects metadata from both foreigners and its own citizens. Through the express statutory authority of the Regulation of Investigatory Powers Act of 2000 (RIPA), and a loophole in section 94 of the Telecommunications Act of 1984, the GCHQ collects metadata, which is all of the information that is extrinsic to the actual contents of a communication. The GCHQ can request an authorization from a public authority—a member of its own staff—to collect traffic data, service use information, or subscriber …
The “Right” Right To Environmental Protection: What We Can Discern From The American And Indian Constitutional Experience, Deepa Badrinarayana
The “Right” Right To Environmental Protection: What We Can Discern From The American And Indian Constitutional Experience, Deepa Badrinarayana
Brooklyn Journal of International Law
Should there be a constitutional right to environmental protection? Arguments for and against are aplenty, but there is no consensus on this issue. Drawing on the experience within the U.S. and Indian Constitutions, this article posits that the right to environmental protection has normative and practical significance, because a constitutional right attaches to an individual and, hence, can protect an individual from environmental harms, whereas environmental laws, that focus primarily on reducing adverse environmental impact on a general population, may not. It further argues that, to be effective, three constitutionally-embedded rights that are central to preserving the right to environmental …
Safeguarding The Future Of Bangladeshi Children: The Need For A Comprehensive National Educational System, Samantha A. Barach
Safeguarding The Future Of Bangladeshi Children: The Need For A Comprehensive National Educational System, Samantha A. Barach
Brooklyn Journal of International Law
The United Nations Convention on the Rights of the Child (CRC)—the human rights treaty ratified by the most States Parties—is binding international law which enumerates the rights guaranteed to all children worldwide. Despite the widespread ratification of the CRC, many countries lack the proper legislation and agencies to ensure that these rights are afforded to all children. One such country is Bangladesh. A relatively new country, Bangladesh gained its independence in 1971 and was one of the first twenty countries to ratify the CRC. Notwithstanding this eagerness to promote children’s rights, Bangladeshi children suffer from a high level of abuse …
Pirate Trials, The International Criminal Court And Mob Justice: Reflections On Postcolonial Sovereignty In Kenya, Mateo Taussig-Rubbo
Pirate Trials, The International Criminal Court And Mob Justice: Reflections On Postcolonial Sovereignty In Kenya, Mateo Taussig-Rubbo
Mateo Taussig-Rubbo
No abstract provided.
Mass Displacement Of Destitute People: A Trigger For Non-Refoulement Protection?, Bernardo De Souza Dantas Fico, Leticia Machado Haertel
Mass Displacement Of Destitute People: A Trigger For Non-Refoulement Protection?, Bernardo De Souza Dantas Fico, Leticia Machado Haertel
Biennial Conference: The Social Practice of Human Rights
This paper focuses on two problems around the mass displacement of people in extreme poverty: the characterization of such people as refugees and the application of the non-refoulement principle to mass displacements.
Extreme poverty is causal to grave human rights violations such as deprivation of water, of food, and of an adequate standard of living. These circumstances may reach a degree in which life in a country is unbearable — forcing people to move in order to enhance their likelihood of survival.
The classic understanding of the non-refoulement obligation, as enshrined in the 1951 Refugee Convention, forbids states from returning …
International Investment Law Through The Lens Of Global Justice, Steven Ratner
International Investment Law Through The Lens Of Global Justice, Steven Ratner
Law & Economics Working Papers
The last decade has witnessed a series of criticisms from states, NGOs, and scholars of international investment law’s rules and procedures. Running in parallel, and for a longer period, political philosophers have developed theories about what would constitute a just international economic order. Yet international law and philosophy have not directly engaged with one another regarding the justice of international investment law. This article attempts to breach that gap by analyzing the key critiques of investment law from the perspective of theories of global justice. Philosophical approaches are useful for appraising investment law because they offer a rigorous framework for …
Oliari And The European Court Of Human Rights: Where The Court Failed, Vito John Marzano
Oliari And The European Court Of Human Rights: Where The Court Failed, Vito John Marzano
Pace International Law Review
The European Court of Human Rights revisited the issue of legal recognition for same-sex partnerships on July 21, 2015 when it decided Oliari and Others v. Italy. This Note explores the implications of that decision and what it may mean for same-sex couples within Italy and throughout the Council of Europe. Through a careful analysis of the decision, this Note concludes that Oliari provides slight yet important movement on the issue of a Contracting State’s obligation to afford legal recognition for same-sex partnerships, but a practical implementation of the Court’s holding likely will yield little additional movement in more conservative …
A Comparative Study Of The Jewish And The United States Constitutional Law Of Capital Punishment, Steven Davidoff
A Comparative Study Of The Jewish And The United States Constitutional Law Of Capital Punishment, Steven Davidoff
Steven Davidoff Solomon
The Jewish view on the death penalty is that it should exist but it should never be used .... [lI]t is Governor Pataki's job to ensure :order. But he must remember that as a leader he must exhibit attributes of both the father and the mother. Governor Pataki is a nice man. But if he acts on the death penalty, he will be the leader of a bloody government
Clash Of The Titans: A Comparative Approach To Reform Of Judicial Accountability In Egypt, Shams Al Din Al Hajjaji
Clash Of The Titans: A Comparative Approach To Reform Of Judicial Accountability In Egypt, Shams Al Din Al Hajjaji
Seattle University Law Review
This Article argues for the reform of judicial accountability rules in Egypt. The lack of a real separation of powers and “checks and balances” between the three powers often leads the judiciary to become a periphery in the executive body, rather than an independent authority that invigilates and monitors any violation of the law. Judges who refuse to comply with executive wishes are often subjected to persecution from the Ministry of Justice and its Judicial Inspection Department, which can reach up to the level of impeachment. The Ministry of Justice uses judicial accountability as a tool of retribution over disobedient …
Teaching International Law: Beyond The Law School Experience, Charlotte Ku
Teaching International Law: Beyond The Law School Experience, Charlotte Ku
Charlotte Ku
As teachers, it is perhaps natural for us to think about teaching in the classroom context, although this panel is demonstrating the teaching opportunities that may exist outside of a single course or courses in international law.
The Published Works Of Sir Nigel Rodley, James W. Hart
The Published Works Of Sir Nigel Rodley, James W. Hart
Law Librarian Articles and Other Publications
This work is a comprehensive bibliography of the writings of Sir Nigel Rodley that was compiled for the Urban Morgan Human Rights Conference Honoring Sir Nigel Rodley that was held at the University of Cincinnati College of Law on October 28 and 29, 2017. It lists the books that he was the sole author of, books that he edited either solely or with others, chapters in books edited by others, journal articles, conference papers, book reviews, reports issued as part of his UN work, two manuscripts, introductions, forwards, comments, tributes, and obituaries. It does not list decisions of the UN …
Do We Need A Global Commercial Code?, Michael Joachim Bonell
Do We Need A Global Commercial Code?, Michael Joachim Bonell
Dickinson Law Review (2017-Present)
The International Institute for the Unification of Private Law (UNIDROIT) first launched the idea of preparing a code of inter- national trade law. In 1970, the Secretariat of UNIDROIT submitted a note to the newly established United Nations Commission on International Trade Law (UNCITRAL) in justification of such an initiative and indicated some of the salient features of the project. What was proposed was a veritable code in the continental sense. The proposed code included two parts: part one dealing with the law of obligations generally, and part two relating to specific kinds of commercial transactions. However, the “Progressive codification …
Is There A Place For Islam In The West? Adjudicating The Muslim Headscarf In Europe And The United States, Andrea Pin
Is There A Place For Islam In The West? Adjudicating The Muslim Headscarf In Europe And The United States, Andrea Pin
Notre Dame Law Review Reflection
Part I of this short Article explains the relevance of the Micropole and Achbita decisions; Part II explores the common line of reasoning behind them; and, finally, the conclusion analyzes their impact within the European scenario of religious freedom—especially for Muslims—and contrasts them with the United States’ approach to the topic.
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 …
Why A Disability Rights Tribunal Must Be Premised On Therapeutic Jurisprudence Principles, Michael L. Perlin, Mehgan Gallagher
Why A Disability Rights Tribunal Must Be Premised On Therapeutic Jurisprudence Principles, Michael L. Perlin, Mehgan Gallagher
Articles & Chapters
The authors have previously written about the need for a disability rights tribunal in Asia (DRTAP) along with an information center (DRICAP) as part of that tribunal so that litigants can easily access the controlling domestic case law, statutes and regulations of the participating nations.
We believe a successful DRTAP must be premised on therapeutic jurisprudence (TJ) principles, and that its creation would be hollow without dedicated and knowledgeable lawyers representing the population in question. In accordance with TJ principles, it must incorporate “voice, validation and voluntary participation” to insure that litigants have a sense of voice or a chance …
Achieving Equality For Women In Labour And Employment – A Comparative Study Of Colombia And Canada, Lina M. Hernandez
Achieving Equality For Women In Labour And Employment – A Comparative Study Of Colombia And Canada, Lina M. Hernandez
Electronic Thesis and Dissertation Repository
The primary focus of this thesis is to analyze and compare the legal systems enacted to protect working women in Colombia and Canada. This thesis focuses on: the protection of maternity and parental rights; the principle of equal pay for work of equal value; and discrimination in employment (including harassment). This research argues that the legislative and judicial changes made in each country to protect working women have not led to substantive equality for working women. This thesis also argues that there is a gap between international and national standards, thus a law reform is appropriate and needed in both …
The Iran-United States Claims Tribunal: The Effect Of Future Awards On International Terrorism, Casey J. College
The Iran-United States Claims Tribunal: The Effect Of Future Awards On International Terrorism, Casey J. College
Arbitration Law Review
No abstract provided.
Retooling The Ilo: How A New Enforcement Wing Can Help The Ilo Reach Its Goal Through Regional Free Trade Agreements, Thomas Payne
Retooling The Ilo: How A New Enforcement Wing Can Help The Ilo Reach Its Goal Through Regional Free Trade Agreements, Thomas Payne
Indiana Journal of Global Legal Studies
Raising global labor standards has been a goal of labor activists, nongovernmental organizations (NGOs), and nations for over a century. The International Labor Organization (ILO) was created nearly one hundred years ago for that purpose, but a century later its goal remains largely unfinished. This paper will propose a retooling initiative for the ILO that will give it the enforcement power it needs for real labor standard change and the resources it needs to use that enforcement power to promote work according to established international labor standards. This enforcement power will take place through regional free trade agreements (RFTAs), which …
The Domino Effect: How Inadequate Intellectual Property Rights In The Fashion Industry Affect Global Sustainability, Cassandra Elrod
The Domino Effect: How Inadequate Intellectual Property Rights In The Fashion Industry Affect Global Sustainability, Cassandra Elrod
Indiana Journal of Global Legal Studies
This note discusses an unexplored problem at the nexus of fashion and intellectual property law: how "fast fashion" leads to unsustainability of global resources and human rights issues pertaining to overseas manufacturing facilities. This unnecessary chain of events could be avoided if fashion designers were granted more substantial intellectual property rights rather than an overall lack of protection. Instead of turning a blind eye to the consequences of consumer demand and "fast fashion," Congress needs to address these issues head on through legislation that mirrors some of the copyright protections afforded fashion designers overseas
Egyptian Confidential: An Analysis Of Confidentiality In The Egyptian Arbitration System, Kayla Snowberger
Egyptian Confidential: An Analysis Of Confidentiality In The Egyptian Arbitration System, Kayla Snowberger
Arbitration Law Review
No abstract provided.
Blood Antiquities: Preserving Syria’S Heritage, Claire Stephens
Blood Antiquities: Preserving Syria’S Heritage, Claire Stephens
Chicago-Kent Law Review
The recent large-scale looting of archaeological sites across Syria at the hands of ISIS has brought the devastating effects of the illegal international antiquities market into stark relief. Not only are these illicit excavations irreparably destroying human history, they also enable ISIS to sell Syria’s cultural property to fund their jihad. This note examines the international and domestic laws that regulate this illicit antiquities trade. This note further identifies that, while these laws provide a meaningful legal framework, their ineffective implementation prevents them from effectively regulating the illicit antiquities market. Without effective market regulation, buyers in art market countries will …
International Standards On Business And Human Rights: Is Drafting A New Treaty Worth It?, Connie De La Vega
International Standards On Business And Human Rights: Is Drafting A New Treaty Worth It?, Connie De La Vega
UC Law SF International Law Review
No abstract provided.
Migrants’ Rights In The U.S. System Under The Inter-American Human Rights System, Francisco J. Rivera Juaristi
Migrants’ Rights In The U.S. System Under The Inter-American Human Rights System, Francisco J. Rivera Juaristi
UC Law SF International Law Review
No abstract provided.
The Reception And Processing Of Minors In The United States In Comparison To That Of Australia And Canada: Would Being A Party To The Un Convention On The Right Of The Child Make A Difference In U.S. Courts?, Eliana Corona
UC Law SF International Law Review
No abstract provided.
Deepening Lawyer Role Education To Serve Students And Society, Deborah Weimer
Deepening Lawyer Role Education To Serve Students And Society, Deborah Weimer
UC Law SF International Law Review
The last decade has seen an increase in focus on the plight of the unrepresented, as well as a recognition that these needs are growing dramatically. In 2006, the American Bar Association formally adopted a resolution calling for the provision of counsel to low income individuals in cases involving shelter, sustenance, safety, health and child custody. The ABA recognized the social costs in each of these areas when counsel is not available.
Foundations For Sustainable Development: Harmonizing Islam, Nature And Law, Norah Bin Hamad
Foundations For Sustainable Development: Harmonizing Islam, Nature And Law, Norah Bin Hamad
Dissertations & Theses
Human society is weakening Earth’s environment, its only home. In 2015, nations agreed on a new set of Sustainable Development Goals (SDGs) to guide restoring and sustaining the wellbeing of peoples everywhere. If the SDGs are to succeed, all cultural and religious communities will need to urgently implement them. Islam offers a holistic view of God’s creation and the Qur’an clearly sets forth duties to care for the Earth. In the past, most people have ignored the world-wide trends of environmental degradation which scientist have reported. There is a pressing need to expand education and public awareness about the threats …