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Articles 1 - 30 of 79
Full-Text Articles in Other Law
The Price Is Rights: Getting The United Arab Emirates Up To International Speed In The Labor Law Department, Janae C. Cummings
The Price Is Rights: Getting The United Arab Emirates Up To International Speed In The Labor Law Department, Janae C. Cummings
Brooklyn Journal of International Law
Despite a rapidly growing economy and a tremendous accumulation of wealth, the United Arab Emirates has facilitated many human rights abuses against migrant workers from impoverished countries throughout the world. The UAE’s system of recruitment, payment and living conditions put already vulnerable populations in considerably worse economic conditions by exploiting their labor and creating significant barriers to challenging the unjust employment system. After being sold on the idea that migrating to the UAE would bring a semblance of economic advancement, many migrants find themselves in inhumane working conditions and debt from having to pay excessive amounts of money to recruitment …
Armenia And Azerbaijan's Struggle With Occupation In Nagorno-Karabakh, Carolyn Morway
Armenia And Azerbaijan's Struggle With Occupation In Nagorno-Karabakh, Carolyn Morway
Brooklyn Journal of International Law
The corrupt occupation of Nagorno-Karabakh and its surrounding areas has resulted in displaced civilians, chaotic military violence, poor judicial law-making, and hostile international relations. Analyzing the international law of occupation’s purposes and its humanitarian requirements illustrates that there is a need for change. Set against the backdrop of Nagorno-Karabakh’s precarious situation, the international community should take this opportunity to reformulate the international law of occupation with sovereignty and humanitarian principles guiding the change. The effort could prevent another such “frozen conflict.”
The Inaugural Brooklyn Lecture On International Business Law: “Isds: The Wild, Wild West Of International Practice”, George Kahale Iii
The Inaugural Brooklyn Lecture On International Business Law: “Isds: The Wild, Wild West Of International Practice”, George Kahale Iii
Brooklyn Journal of International Law
The lecture was delivered on April 3, 2018 at Brooklyn Law School and was sponsored by the Dennis J. Block Center for the Study of International Business Law and the Brooklyn Journal of International Law.
Rethinking Isds, George Kahale Iii
Rethinking Isds, George Kahale Iii
Brooklyn Journal of International Law
The author is Chairman of Curtis, Mallet-Prevost, Colt & Mosle LLP and has acted as lead counsel for respondent states in many investor-state arbitrations, including several of the cases referred to herein. His article won the 2019 Burton Award for Distinguished Legal Writing.
Against Aviation Orthodoxy: India's Foreign Investment Regime For The Airline Industry, Jae Woon Lee, Umakanth Varottil
Against Aviation Orthodoxy: India's Foreign Investment Regime For The Airline Industry, Jae Woon Lee, Umakanth Varottil
Brooklyn Journal of International Law
The foreign investment regime governing the airline industry has been the subject matter of considerable debate. Our goal in this article is to supplement the literature by embarking on an analysis of the foreign investment regime in India and to cautiously suggest that India’s new regulatory reforms could be a harbinger for other states. A study of the foreign investment regime in the airline industry in India is both interesting and timely, for at least two reasons. First, India has nearly everything that bodes well for the growth of an aviation market, and it is one of the fastest growing …
Moving From Management To Termination: A Case Study Of Prolonged Occupation, David Hughes
Moving From Management To Termination: A Case Study Of Prolonged Occupation, David Hughes
Brooklyn Journal of International Law
In 2017, the Israeli occupation of the Palestinian territories reached a half-century in duration. This reignited a conversation amongst legal scholars. In articles and books, lawyers questioned the efficacy of occupation law. They asked whether it had become an anachronism. Across Israel and the Palestinian territories, those that directly invoke the law of occupation sought a more effective means of adapting the law to meet the exigencies of a fifty-year-old occupation. The accompanying debates recalled questions concerning the legal treatment of prolonged occupation. This article seeks to fundamentally alter the recurring discourse. Built around a detailed case study of Israel’s …
From Discretion To Law: Rights-Based Concerns And The Evolution Of International Sanctions, Christopher Roberts
From Discretion To Law: Rights-Based Concerns And The Evolution Of International Sanctions, Christopher Roberts
Brooklyn Journal of International Law
This Article considers the manner in which rights-based concerns have increasingly impacted upon the nature of international sanctions regimes. First, this Article considers two better-known instances of this impact—the manner in which general sanctions became more targeted, and the manner in which due process concerns came to receive greater respect in the context of targeting decisions. Following these investigations, this Article turns to explore a third, under-recognized development—the gradual evolution of a sense that sanctions may be required in certain instances. It explores this development by highlighting the growing scope of understandings of responsibility within various bodies of public international …
Chancing The Arm To Save The Face: The Fight For Irish Gaelic Recognition And Ending The Stormont Deadlock, Samantha F. Sigelakis-Minski
Chancing The Arm To Save The Face: The Fight For Irish Gaelic Recognition And Ending The Stormont Deadlock, Samantha F. Sigelakis-Minski
Brooklyn Journal of International Law
Since January 2017, the Northern Irish government has been shut down, with both the Executive and Assembly collapsed and the two major political coalitions deadlocked. Since then, civil servants with no major decision-making power have largely run the government. One of the deadlock’s major battlegrounds is whether there should be legislation in Northern Ireland mandating that Gaeilge, or Irish Gaelic, be treated as a language of equal status to that of English. This Note explores this issue and argues that the right to equal language protections is founded in the right to one’s cultural identity, and as such should be …
Pursuing A Universal Threshold For Regulating Incitement To Discrimination, Hostility Or Violence, Rebecca Meyer
Pursuing A Universal Threshold For Regulating Incitement To Discrimination, Hostility Or Violence, Rebecca Meyer
Brooklyn Journal of International Law
The International Covenant on Civil and Political Rights (ICCPR) recognizes that although the right to freedom of expression is essential, it is not absolute. The ICCPR prohibits speech that incites to discrimination, hostility, or violence. The provision prohibiting such speech is important to protect individuals and communities. Yet, not all countries are adequately enforcing its mandate. Such countries are letting inciting speech spread and, in some instances, violence has ensued. Conversely, some countries are taking enforcement too far, using the criminalization of inciting speech as a tool to silence political dissent. In light of the divergent interpretations—each problematic in its …
Analyzing The Potential For Universal Disarmament Of Autonomous Weapons Systems Or How I Learned To Stop Working And Love The Killer Robot, Frank Nicholas Kelly
Analyzing The Potential For Universal Disarmament Of Autonomous Weapons Systems Or How I Learned To Stop Working And Love The Killer Robot, Frank Nicholas Kelly
Brooklyn Journal of International Law
Lethal autonomous weapons systems (LAWS) have recently become the subject of debate among scholars, world leaders, nongovernmental organizations (NGOs), and the popular media. While the dangers of autonomous robotics have existed for decades in science fiction, technology has only recently made the implementation of robots capable of military combat a real possibility. With the advent of this technology, many government leaders, politicians, scientists, and business leaders are advancing the argument that just because autonomous weapons can exist does not mean they should. Some countries, however, have demonstrated a strong interest in the continued developing LAWS, making universal disarmament unlikely. This …
Peran Pemerintah Daerah Dalam Pelaksanaan Pemerintahan Yang Baik (Good Governance) Dibidang Pembinaan Dan Pengawasan Indikasi Geografis, M. Rendi Aridhayandi
Peran Pemerintah Daerah Dalam Pelaksanaan Pemerintahan Yang Baik (Good Governance) Dibidang Pembinaan Dan Pengawasan Indikasi Geografis, M. Rendi Aridhayandi
Jurnal Hukum & Pembangunan
The Regional Government is the regional head as an element of the Regional Government organizing the execution of government affairs which is the authority of the autonomous regions. In the implementation of government affairs must implement the principles of good governance. One of the roles of Regional Government is in the field of guidance and supervision of Geographical Indication in accordance with the mandate of Articles 70 and 71 Undang-Undang Nomor 20 Tahun 2016 tentang Merek dan Indikasi Geografis. This is important in legal protection of products that are characterized by the geographic area of a region, only in the …
Polemik Pengaturan Kepemilikan Data Pribadi: Urgensi Untuk Harmonisasi Dan Reformasi Hukum Di Indonesia, Setyawati Fitri Anggraeni
Polemik Pengaturan Kepemilikan Data Pribadi: Urgensi Untuk Harmonisasi Dan Reformasi Hukum Di Indonesia, Setyawati Fitri Anggraeni
Jurnal Hukum & Pembangunan
Big data is the large volume of data available in information traffic and is considered to have economic value in the present. The data is collected, stored, and sometimes analyzed for the purpose of providing economic benefits to certain organizations. As individuals who provide the data to an organization, we believe that the data will be protected and kept confidential. However, the reality is sometimes different. Laws and regulations that specifically regulate the collection, storage, publication and protection of personal data very needed. This paper will discuss the legal framework for personal data and their protection in Indonesia. At the …
Wacana Pemerintah Untuk Mereposisi Kelembagaan Inspektorat: Tindak Lanjut, Tanggapan, Serta Inisiasi Kedepan, Richo A. Wibowo, Mailinda E. Yuniza, Rizky S. Widyaningtyas, Hendry Julian Noor
Wacana Pemerintah Untuk Mereposisi Kelembagaan Inspektorat: Tindak Lanjut, Tanggapan, Serta Inisiasi Kedepan, Richo A. Wibowo, Mailinda E. Yuniza, Rizky S. Widyaningtyas, Hendry Julian Noor
Jurnal Hukum & Pembangunan
This research aims (i) to elaborate about a central government plan on repositioning the structure of inspectorate; (ii) to explain responses of some inspectorate officers regarding the plan; and (iii) to provide suggestions on the adjustment plan that should be taken into consideration by the central government. This research found that, different with the public perception, the plan is not intended to reposition all the inspectorates, rather to inspectorates attached to local governments. These inspectorates are designed to be what the-called ‘kuasi vertical institution’. Meaning, it has a mixed character of both central and local government institution. This initiation increases …
Hubungan Hukum Pedagang Perantara Dan Pelaku Usaha Dalam Bisnis Perikanan Nasional, Nur Sulistyo Budi Ambarini, Tito Sofyan, Edra Satmaidi
Hubungan Hukum Pedagang Perantara Dan Pelaku Usaha Dalam Bisnis Perikanan Nasional, Nur Sulistyo Budi Ambarini, Tito Sofyan, Edra Satmaidi
Jurnal Hukum & Pembangunan
This paper is part of non-doctrinal legal research using socio-legal research approach. The role of intermediary traders in the fishing business is very important. One side as an intermediary and on the other hand provides capital to fishermen and / or fish processors. The relationship creates an imbalance seen from the perspective of contract law because the position of intermediary traders as the owner of capital is stronger, so the balance principle among the parties can not met. In practice from the perspective of local law it is not an imbalance because the contribution of intermediary traders is not only …
Elimination Of The Negative Consequences Of The Technogenic Civilization In Social Life, O. Yuldoshev
Elimination Of The Negative Consequences Of The Technogenic Civilization In Social Life, O. Yuldoshev
Review of law sciences
This article is devoted to the negative consequences of anthropogenic civilizations for social life, their causes and solutions.
The Practical Significance Of The Economic Analysis Of Law In The Legislative System Of Uzbekistan, D. Abdulov
The Practical Significance Of The Economic Analysis Of Law In The Legislative System Of Uzbekistan, D. Abdulov
Review of law sciences
This article describes the characteristics of economic analysis of law only to that extent that it is necessary to understand the relationship between economic analysis and Comparative law. Because of the fundamental differences between two disciplines, they complement each other and can be connected in different ways.
Methodological And Linguistic Bases For Intergrating The Four Skills, M. Shamsitdinova
Methodological And Linguistic Bases For Intergrating The Four Skills, M. Shamsitdinova
Review of law sciences
the article is devoted to the research of some methodological and linguistic issues of integrating the four skills in teaching English to non-philological students. There have been considered some foreign researchers’ approaches to this question in teaching process.
Analysis Of Terminological Concept Of Information Technologies In Domestic And Foreign Literature, A.R. Davronov
Analysis Of Terminological Concept Of Information Technologies In Domestic And Foreign Literature, A.R. Davronov
Review of law sciences
In this article, the conceptual and terminological apparatus of information technologies in domestic and foreign literature has been studied and the concept of “Information technologies” has been analyzed using a comparative method. In addition, proposals are made to improve legislation in the field of information technology.
Venezuela: A Uniquely Senian Insight Into A Human Rights Crisis, Andrea I. Scheer
Venezuela: A Uniquely Senian Insight Into A Human Rights Crisis, Andrea I. Scheer
Brooklyn Journal of International Law
For over twenty decades, Venezuelan political leaders have blatantly disregarded their citizens’ human rights, leading to the downfall of Venezuela’s economy and democratic institutions, including severe food and medicine shortages, as well as staggering inflation rates. As a result, Venezuela provides a unique affirmation of the Capabilities Approach introduced by Professor Amartya Sen, which focuses not only on the freedoms that individuals possess, but also on what individuals are capable of doing as possessors of these freedoms. This Note seeks to use Sen’s Capabilities Approach to understand the nature and scope of Venezuela’s multidimensional crisis, arguing that a Senian approach …
A Fair Use To Remember: Restoring Application Of The Fair Use Doctrine To Strengthen Copyright Law And Disarm Abusive Copyright Litigation, Lauren Gorab
Fordham Law Review
The primary goal of copyright law is to benefit the public. By rewarding authors with exclusive rights, such as the power to enforce copyright infringement, copyright protection is the means through which copyright law accomplishes this goal. Another way that copyright law pursues its goal is through the fair use doctrine—an invaluable utilitarian limit on copyright protection. However, fair use is, among other things, vague. The current application of fair use as an affirmative defense magnifies the doctrine’s problems and makes copyright law hospitable to abusive copyright litigation. Current proposals in this area of reform target either fair use or …
Childhood Obesity And Positive Obligations: A Child Rights-Based Approach, Benedetta Faedi Duramy
Childhood Obesity And Positive Obligations: A Child Rights-Based Approach, Benedetta Faedi Duramy
Seattle University Law Review
Childhood obesity is one of the most serious current public health challenges. Its prevalence has increased at an alarming rate. The World Health Organization estimated that in 2016 the global number of overweight children under the age of five was over 41 million. Although there is widespread concern about the rising rates of childhood obesity, there is not as much consensus on how to address the problem. Obesity has been mostly considered either a matter of personal responsibility or of parental responsibility when it concerns children. Inadequate attention has been given instead to the obligations borne by States to prevent …
"Beauty Is Truth And Truth Beauty": How Intuitive Insights Shape Legal Reasoning And The Rule Of Law, Stephen M. Maurer
"Beauty Is Truth And Truth Beauty": How Intuitive Insights Shape Legal Reasoning And The Rule Of Law, Stephen M. Maurer
Seattle University Law Review
Scientists have long recognized two distinct forms of human thought. “Type 1” reasoning is unconscious, intuitive, and specializes in finding complex patterns. It is typically associated with the aesthetic emotion that John Keats called “beauty.” “Type 2” reasoning is conscious, articulable, and deductive. Scholars usually assume that legal reasoning is entirely Type 2. However, critics from Holmes to Posner have protested that unconscious and intuitive judgments are at least comparably important. This Article takes the conjecture seriously by asking what science can add to our understanding of how lawyers and judges interpret legal texts. The analysis is overdue. Humanities scholars …
The Criminalization Of Vehicle Residency And The Case For Judicial Intervention Via The Washington State Homestead Act, T. Ray Ivey
Seattle University Law Review
In 2014, a nationwide survey by the National Law Center on Homelessness and Poverty found that the number of cities with ordinances that effectively criminalized vehicle habitation increased by 119% between 2011 and 2014. These ordinances take the form of metered street parking zones, permit-only parking zones, time restrictions, restrictions on vehicle operability, restrictions regarding licensing and registration, and even prohibitions directed specifically at vehicle habitation. Violations of these policies typically result in noncriminal citations imposing fees, requiring attendance at hearings, or inflicting other financial burdens, which nevertheless can have devastating impacts on someone with already limited resources. Additionally, the …
Voila! Taking The Judge Out Of Divorce, Margaret Ryznar, Angélique Devaux
Voila! Taking The Judge Out Of Divorce, Margaret Ryznar, Angélique Devaux
Seattle University Law Review
This Article examines the possibility of non-judicial divorce in the United States based on the French model. Part I begins by examining the recognition of divorce by agreement of the parties in France. Part II analyzes the judicial role in American divorces, and whether it bars either domestic non-judicial divorce or recognition of foreign non-judicial divorce. Part III undertakes a comparative analysis, concluding that the United States may be amenable to non-judicial divorces that occur not only abroad but, eventually, within its own borders.
Cyber Babel: Finding The Lingua Franca In Cybersecurity Regulation, William Pierotti
Cyber Babel: Finding The Lingua Franca In Cybersecurity Regulation, William Pierotti
Fordham Law Review
Cybersecurity regulations have proliferated over the past few years as the significance of the threat has drawn more attention. With breaches making headlines, the public and their representatives are imposing requirements on those that hold sensitive data with renewed vigor. As high-value targets that hold large amounts of sensitive data, financial institutions are among the most heavily regulated. Regulations are necessary. However, regulations also come with costs that impact both large and small companies, their customers, and local, national, and international economies. As the regulations have proliferated so have those costs. The regulations will inevitably and justifiably diverge where different …
Delik Terhadap Keamanan Negara (Makar) Di Indonesia (Suatu Analisis Yuridis Normatif Pada Studi Kasus Sultan Hamid Ii), Anshari -
Jurnal Hukum & Pembangunan
This research is normative study (doctriner) to crime against state security (Makar) in Indonesia, this criminal act compared with a study to one case, which is accusation about “makar” or “rebellion” to Sultan Hamid II during 1950-1953. The definition from criminal act aginst state security regulated in Section One Book Two Criminal Code (KUHP). Core from this criminal act that forbidden is that Makar (Aanslag) and Rebellion (Opstand). In practical also in Indonesian history, often found cases about law violation in Indonesia that are actually not neccessarily include violation about attempt against state security. But the goverment as political leader, …
International Child Abduction: Bagaimana Indonesia Meresponnya?, Priskila Pratita Penasthika, Lita Arijati, Annissa Gabianti Anggriana
International Child Abduction: Bagaimana Indonesia Meresponnya?, Priskila Pratita Penasthika, Lita Arijati, Annissa Gabianti Anggriana
Jurnal Hukum & Pembangunan
Wrongful removal or retention of a child outside the state of his or her habitual residence is known as international child abduction. The Hague Convention on the Civil Aspects of International Child Abduction 1980 established procedures to ensure the prompt return of the internationally abducted child to the state of his or her habitual residence. By discussing the international child abduction cases involving Indonesia, this article demonstrates the obstacles in returning those internationally abducted children. This discussion is undertaken by taking into account the difference in qualifying the concept of international child abduction in Indonesian law and the Hague Convention …
Menakar “Gen” Hukum Indonesia Sebagai Dasar Pembangunan Hukum Nasional, Ilham Yuli Isdiyanto
Menakar “Gen” Hukum Indonesia Sebagai Dasar Pembangunan Hukum Nasional, Ilham Yuli Isdiyanto
Jurnal Hukum & Pembangunan
This research takes a new term called “legal gene” to explain the historical map hereditary about legal model in Indonesia. The legal gene thinking method then combined with historical-normative method so that the prescriptive element can be obtained as the final result from this research. The final result concluded that the study of legal gene in Indonesia is still far from perfect, especially legal gene study which more systematic and comprehensive since kingdom period, colonial, until Indonesian Republic period. Things get more severe because the Government seems not serious taking this matter, thus the aftermath is the discourse and national …
Panel 1: Robotic Speech And The First Amendment, Bruce E. H. Johnson, Helen Norton, David Skover
Panel 1: Robotic Speech And The First Amendment, Bruce E. H. Johnson, Helen Norton, David Skover
Seattle University Law Review
Transcript of the panel discussion at the 2018 Seattle University School of Law symposium “Singularity: AI and the Law.” The panel is moderated by Seattle University School of Law Professor Gregory Silverman, and discusses the forthcoming book Robotica, by David M. Skover and Ronald K. L. Collins. The panelists are Bruce E. H. Johnson, Helen Norton, and David M. Skover.
Artificial Intellegence And Policing: First Questions, Elizabeth E. Joh
Artificial Intellegence And Policing: First Questions, Elizabeth E. Joh
Seattle University Law Review
Artificial intelligence is playing an increasingly larger role in all sectors of society, including policing. Many police departments are already using artificial intelligence (AI) to help predict and identify suspicious persons and places.1 Increased computational power and oceans of data have given rise to inferences about violence and threats.2 AI will change policing just as it will healthcare, insurance, commerce, and transportation. But what questions should we ask about AI and policing?