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Articles 1 - 22 of 22
Full-Text Articles in Legal History
Restorative Justice, Slavery And The American Soul, A Policy-Oriented Approach To The Question Of Slavery Reparations By The United States, Michael F. Blevins
Restorative Justice, Slavery And The American Soul, A Policy-Oriented Approach To The Question Of Slavery Reparations By The United States, Michael F. Blevins
ExpressO
This LL.M. Intercultural Human Rights thesis (May, 2005), awarded the best student paper prize for 2005 by the Institute of Policy Sciences at Yale University (in October, 2005), after analysing past and curent issues regarding the culture wars controversy of "reparations", proposes a specific process for establishing Truth and Reconciliation regarding the legacy of slavery in the United States. The proposal recommends commissions in each Federal judicial district under the supervision of a U.S. Slavery Justice and Reconciliation Commission (USSJRC), calling for "America's 21st Century Contract with Africa and African-Americans".
Karen A. Mingst On The U.N. Security Council: From The Cold War To The 21st Century. Edited By David M. Malone. Boulder, Co: Lynne Rienner, 2004. 745pp., Karen A. Mingst
Karen A. Mingst On The U.N. Security Council: From The Cold War To The 21st Century. Edited By David M. Malone. Boulder, Co: Lynne Rienner, 2004. 745pp., Karen A. Mingst
Human Rights & Human Welfare
No abstract provided.
Petitioner's Observations On Canada's Additional Information, Jeffrey C. Tuomala
Petitioner's Observations On Canada's Additional Information, Jeffrey C. Tuomala
Faculty Publications and Presentations
No abstract provided.
Petitioner's Observations On Canada's Additional Information, Jeffrey C. Tuomala
Petitioner's Observations On Canada's Additional Information, Jeffrey C. Tuomala
Jeffrey C. Tuomala
No abstract provided.
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
ExpressO
No abstract provided.
The Legitimacy Crisis In Investment Treaty Arbitration: Privatizing Public International Law Through Inconsistent Decisions, Susan Franck
The Legitimacy Crisis In Investment Treaty Arbitration: Privatizing Public International Law Through Inconsistent Decisions, Susan Franck
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Laws Of War In The Pre-Dawn Light: Institutions And Obligations In Thucydides’ Peloponnesian War, Steve Sheppard
The Laws Of War In The Pre-Dawn Light: Institutions And Obligations In Thucydides’ Peloponnesian War, Steve Sheppard
Steve Sheppard
This Essay, in honor of Oscar Schachter, discusses Thucydides’ account of the Peloponnesian War, not only glimpsing into the events surrounding the conflict but also considering how the sparring greek city-states understood and manifested laws of war. This article describes numerous customs, practices, and procedures including respect for truces, ambassadors, heralds, trophies, and various forms of neutrality the ancients adhered to during times of conflict. The greek city-states and their warriors recognized and enforced obligations concerning a city-state’s right to war (jus ad bellum) and conduct in war (jus in bello). While the ancients’ laws of war were always recorded …
The Seller's Right To Cure A Failure To Perform In International Sales, Jonathan Yovel
The Seller's Right To Cure A Failure To Perform In International Sales, Jonathan Yovel
Jonathan Yovel
The right of a defaulting party to cure a non-performance under the condition that such cure does not create any – or at least any excessive – hardship for the aggrieved party, correlated by the aggrieved party’s obligation to receive such curative performance, has emerged as the single most innovative contribution of the Uniform Commercial Code to sales law in general. However, in comparative perspective the cure doctrine is by no means universal nor uniform. This study offers a construction of the meaning of contractual cure and in particular its relation to the aggrieved party’s power to terminate the contract …
Paper Empires: The Legal Dimensions Of French And English Ventures In North America, Brian Slattery
Paper Empires: The Legal Dimensions Of French And English Ventures In North America, Brian Slattery
Brian Slattery
No abstract provided.
National Identity And Liberalism In International Law: Three Models, Justin Desautels-Stein
National Identity And Liberalism In International Law: Three Models, Justin Desautels-Stein
Publications
No abstract provided.
How The Border Crossed Us: Filling The Gap Between Plume V. Seward And The Dispossession Of Mexican Landowners In California After 1848, 52 Clev. St. L. Rev. 297 (2005), Kim D. Chanbonpin
How The Border Crossed Us: Filling The Gap Between Plume V. Seward And The Dispossession Of Mexican Landowners In California After 1848, 52 Clev. St. L. Rev. 297 (2005), Kim D. Chanbonpin
UIC Law Open Access Faculty Scholarship
No abstract provided.
Techniques Available To Incorporate Transnational Components Into Traditional Law School Courses: Integrated Sections; Experiential Learning; Dual J.D.S; Semester Abroad Programs; And Other Cooperative Agreements, Claudio Grossman
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Re-Establishing The Sisseton-Wahpeton Oyate's Reservation Boundaries: Building A Legal Rationale From Current International Law, Angelique A. Eaglewoman
Re-Establishing The Sisseton-Wahpeton Oyate's Reservation Boundaries: Building A Legal Rationale From Current International Law, Angelique A. Eaglewoman
American Indian Law Review
No abstract provided.
Feeling For Rocks While Crossing The River: The Gradual Evolution Of Chinese Law, Bradley L. Milkwick
Feeling For Rocks While Crossing The River: The Gradual Evolution Of Chinese Law, Bradley L. Milkwick
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Workers' Rights In The Mexican Maquiladora Sector: Collective Bargaining, Women's Rights, And General Human Rights: Law, Norms, And Practice, Joshua M. Kagan
Workers' Rights In The Mexican Maquiladora Sector: Collective Bargaining, Women's Rights, And General Human Rights: Law, Norms, And Practice, Joshua M. Kagan
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Book Review, S. James Anaya
Punitive Damages Revisited: Taking The Rationale For Non-Recognition Of Foreign Judgments Too Far, Ronald A. Brand
Punitive Damages Revisited: Taking The Rationale For Non-Recognition Of Foreign Judgments Too Far, Ronald A. Brand
Articles
Punitive damages have been a controversial aspect of U.S. law; often criticized both at home and abroad. Neither U.S. law on punitive damages nor the foreign climate regarding their reception has remained static. This article notes the continuing legislative attack on punitive damages in the United States at both the state and federal level, and focuses on recent developments in case law and treaty negotiations concerning the reception of punitive damages abroad.
Emote Control: The Substitution Of Symbol For Substance In Foreign Policy And International Law, Jules Lobel, George Loewenstein
Emote Control: The Substitution Of Symbol For Substance In Foreign Policy And International Law, Jules Lobel, George Loewenstein
Articles
Historical perspectives, as well as recent work in psychology, converge on the conclusion that human behavior is the product of two or more qualitatively different neural processes that operate according to different principles and often clash with one another. We describe a specific 'dual process' perspective that distinguishes between deliberative and emote control of behavior. We use this framework to shed light on a wide range of legal issues involving foreign policy, terrorism, and international law that are difficult to make sense of in terms of the traditional rational choice perspective. We argue that in these areas, the powerful influence …
International Legal Pluralism, William W. Burke-White
International Legal Pluralism, William W. Burke-White
All Faculty Scholarship
No abstract provided.
Watching Your Step: Avoiding The Pitfalls And Perils Of Corporate Internal Investigations, Lucian E. Dervan
Watching Your Step: Avoiding The Pitfalls And Perils Of Corporate Internal Investigations, Lucian E. Dervan
Lucian E Dervan
Since the creation of the Corporate Fraud Task Force in July 2002, the United States Department of Justice and the other member agencies have worked feverishly to ferret out corporate crime and punish wrongdoers. The Task Force, in the three years following the announcement of its formation by President Bush, has instituted hundreds of investigations, secured over five hundred corporate fraud convictions or guilty pleas, and charged over nine hundred defendants. Not to be outdone by federal law enforcement authorities, some state attorneys general have followed suit, pursuing their own well-publicized probes of corporate practices. The stakes in these investigations …
Desafios Da Constituição Europeia À Teoria Constitucional, Paulo Ferreira Da Cunha
Desafios Da Constituição Europeia À Teoria Constitucional, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
The project of the “Treaty that establishes a Constitution for the Europe”, beyond its political consequences, puts some challenges to the classical constitutional theory. At first sight, it seems completely heterodox towards canon constitutional tendencies, and first of all in what concerns the constituent power classical theories. However, a more rigorous analysis of the history of the modern constitutionalism and its founding texts, mainly French, can lead us to detect very revealing bridges between the liberal modern constitutionalism of the XVIIIth century and the present constitution making of a codified European Constitution. The “treaty” formula that was adopted also represents …
No Longer Little Known But Now A Door Ajar: An Overview Of The Evolving And Dangerous Role Of The Alien Tort Statute In Human Rights And International Law Jurisprudence, Donald J. Kochan
Donald J. Kochan
Human rights’ and other international law activists have long worked to add teeth to their tasks. One of the most interesting avenues for such enforcement has been the Alien Tort Statute (“ATS”). The ATS has become the primary vehicle for injecting international norms and human rights into United States courts – against nation-states, state actors, and even private individuals or corporations alleged to actually or in complicity or conspiracy been responsible for supposed violations of international law. This Symposium Article provides an overview of the ATS evolution (or revolution), discusses the most recent significant development in the evolution arising from …