Jurisprudence Commons^™

Immigration's Future: Closing The Door On The American Dream?, Ritcy Canelon

Barry Law Review

No abstract provided.

The Threat Is Real: Protecting The Energy Infrastructure From Cyberattacks, Patricia Blotzer

Barry Law Review

No abstract provided.

Willful Blindness Or Deliberate Indifference: The United States' Abdication Of Legal Responsibility To Refugees, Abed A. Ayoub, Yolanda C. Rondon

Barry Law Review

No abstract provided.

From Dust We Are And To Dust We Will Return: Eu's Utopia, Greece's Bankruptcy, Carolina Kripinski

Barry Law Review

No abstract provided.

The Surprising Acquittals In The Gotovina And Perisic Cases: Is The Icty Appeals Chamber A Trial Chamber In Sheep's Clothing, Mark A. Summers

Faculty Scholarship

No abstract provided.

Prosecuting Generals For War Crimes The Shifting Sands Of Accomplice Liability In International Criminal Law, Mark A. Summers

Faculty Scholarship

No abstract provided.

The Surprising Acquittals In The Gotovina And Perisic Cases: Is The Icty Appeals Chamber A Trial Chamber Is Sheep's Clothing, Mark A. Summers

Faculty Scholarship

No abstract provided.

In Opposition Of Cultural Institutionalization Of Speech Following U.S. Intervention Into Foreign Governments, Carmen M. Cusack

Barry Law Review

No abstract provided.

Children, Armed Conflict, And Genocide: Applying The Law Of Genocide To The Recruitment And Use Of Children In Armed Conflict, Jeffery R. Ray

Barry Law Review

This paper shows that the use of child soldiers in armed conflict has the potential to be considered as genocide. A brief background of genocide is presented prior to the analysis. Part I of the analysis will discuss three issues: first, the modern understanding of genocide and the substantive areas of law that govern it; second, the definition of “child” within the international arena as it relates to child soldiering; third, a discussion to determine if children can constitute a “group” in the context of the law of genocide.

Part II provides a discussion elaborating on Part I, then analyzes …

Law And Policy In The Global Space Industry's Lift-Off, Claudia Pastorius

Barry Law Review

This article provides an overview of current developments in the commercial space industry and touches upon unsettled legal issues in space law and space property rights in particular. The article provides an analysis of the security risks, environmental hazards, and economic opportunities associated with the development of the commercial space industry. Part II gives an overview of past and present commercial and nation-state space development activities. Part III addresses the reasons underlying the ambiguity regarding space property rights in the major source of space law, the Outer Space Treaty of 1967, and proposes that the international community reconsider the benefits …

Foreign Fishing Piracy Vs. Somalia Piracy – Does Wrong Equal Wrong?, Leticia M. Diaz, Barry Hart Dubner

Barry Law Review

This article is a sequel to the authors' last article, On the Evolution of the Law of International Sea Piracy, published in December 2009. That article attempted to illustrate the enormous problem of sea piracy off of Somalia. This article was inspired by the authors' attendance and participation at a two-day conference sponsored by the Harvard Kennedy School’s Belfer Center for Science and International Affairs. After the conference the authors were inspired to write this article, setting forth a view of why Somali piracy started and some of the problems created by these illegal acts.

Solutions For Disputes Over Intellectual Property Between Taiwan And China – Analyzing Arbitration, Szu-Chou Peng, Fu-Jung Wu

Barry Law Review

Increasing business transactions between Taiwan and China have caused international intellectual property disputes to become a new and serious problem for Taiwanese businessmen who have direct and indirect investments in trade. In order to solve this problem, Taiwan and China sequentially set special regulations. For example, section 74 of the Act Governing Relations between Peoples of the Taiwan Area and the Mainland Area was enacted by the government of Taiwan to recognize China’s civil arbitration procedures. On July 23, 2004, China established the Regulations of the Supreme People’s Court Regarding the People’s Courts’ Recognition of the Civil Judgments Rendered by …

On The Evolution Of The Law Of International Sea Piracy: How Property Trumped Human Rights, The Environment And The Sovereign Rights Of States In The Areas Of The Creation And Enforcement Of Jurisdiction, Leticia M. Diaz, Barry Hart Dubner

Barry Law Review

This article examines the statistics concerning piratical incidents occurring in the year 2008 and their impact on the world economy. This article also reviews the total scope of sea piracy worldwide with regard to the number and type of incidents thereof, because Somalia is not the only place in the world where sea piracy occurs. Finally, this article analyzes the history of prescribing and enforcing a jurisdiction regarding the international law of sea piracy.