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Prosecuting Rape Victims While Rapists Run Free: The Consequences Of Police Failure To Investigate Sex Crimes In Britain And The United States, Lisa Avalos 2019 University of Arkansas School of Law

Prosecuting Rape Victims While Rapists Run Free: The Consequences Of Police Failure To Investigate Sex Crimes In Britain And The United States, Lisa Avalos

Michigan Journal of Gender and Law

Imagine that a close friend is raped, and you encourage her to report it to the police. At first, she thinks that the police are taking her report seriously, but the investigation does not seem to move forward. The next thing she knows, they accuse her of lying and ultimately file charges against her. You and your friend are in shock; this outcome never entered your minds. This nightmare may seem inconceivable, but it has in fact occurred repeatedly in both the United States and Britain—countries that are typically lauded for their high levels of gender equality. In Britain ...


Letter From The Editor, Annie Bach Yen Nguyen 2018 Notre Dame Law School

Letter From The Editor, Annie Bach Yen Nguyen

Notre Dame Journal of International & Comparative Law

The Notre Dame Journal of International and Comparative Law, Volume 8, Issue 1 (2018).


Amateur Vs. Professional In Cold War Hockey: A Consideration Of Relative Skill Levels And Their Implications For Professional Hockey Today, John Soares 2018 University of Notre Dame

Amateur Vs. Professional In Cold War Hockey: A Consideration Of Relative Skill Levels And Their Implications For Professional Hockey Today, John Soares

Notre Dame Journal of International & Comparative Law

Americans who follow sports often consider amateur sport inferior, by definition, to the skill level of professionals. This article argues that during the 1970s and 1980s, new competitions between amateur (mainly Soviet and Czechoslovakian) and professional (mostly Canadian and American) hockey teams demonstrated that the amateur game could be as skilled –or even more so – than the professional counterpart. The article considers the problematic nature of “amateurism,” international rules changes that made possible the new amateur-vs.-professional competitions, and the results of some of these Cold War confrontations. It concludes with consideration of the relative merits of styles of play ...


The Vatican View On Sport At The Service Of Humanity, Ed Edmonds 2018 University of Notre Dame

The Vatican View On Sport At The Service Of Humanity, Ed Edmonds

Notre Dame Journal of International & Comparative Law

Participation in sport, particularly the opportunity for children to enjoy and learn through play, is a human right and strongly supported by the goals of Catholic social teaching and the efforts of the Olympic Movement and the United Nations. On October 5-6, 2016, the Vatican held the Sport at the Service of Humanity Conference, the first global conference on sport and faith, an initiative promoted by Pope Francis and supported by the International Olympic Committee and the United Nations. This essay focuses on the conference, its vision and goals, and a challenge to use sport to advance human development and ...


Fairness At A Price: Protecting The Integrity Of Athletic Competitions At The Expense Of Female Athletes, Annie Bach Yen Nguyen 2018 University of Notre Dame

Fairness At A Price: Protecting The Integrity Of Athletic Competitions At The Expense Of Female Athletes, Annie Bach Yen Nguyen

Notre Dame Journal of International & Comparative Law

Ever since women were allowed to compete in the Olympics, they have been subjected to some form of gender verification. Initially, the International Olympic Committee (IOC) and International Amateur Athletic Federation (IAAF) required female athletes to present certificates from their doctors confirming that they were in fact women. In 1966, the IOC and the IAAF “decided they couldn’t trust individual nations to certify femininity, and instead implemented a mandatory genital check of every woman competing at international games.” This process was dubbed the “nude parades”. In response to the overwhelming disapproval of such examination, the IOC and IAAF began ...


Forced Evictions, Homelessness, And Destruction: Summer "Games"? Olympic Violations Of The Right To Adequate Housing In Rio De Janeiro, Leigha C. Crout 2018 Cornell University

Forced Evictions, Homelessness, And Destruction: Summer "Games"? Olympic Violations Of The Right To Adequate Housing In Rio De Janeiro, Leigha C. Crout

Notre Dame Journal of International & Comparative Law

This article details the violations of the right to housing that took place in preparation for the 2016 Summer Olympics held in Rio de Janeiro, Brazil. Analyzed under the international, regional, and domestic instruments that enumerate this guarantee, including the International Covenant on Economic, Social, and Cultural Rights, the Charter and the Declaration of the Rights and Duties of the Organization of American States, and the Constitution of Brazil, the aim of this work is to draw attention to the systematic deprivation of one of the most central human rights in the name of the Games.


Masthead Volume 8, 2018 Notre Dame Law School

Masthead Volume 8

Notre Dame Journal of International & Comparative Law

No abstract provided.


The Law Of War After The Dta, Hamdan And The Mca, LTC Eric Talbot Jensen 2018 Selected Works

The Law Of War After The Dta, Hamdan And The Mca, Ltc Eric Talbot Jensen

Eric Talbot Jensen

I am grateful to be here and part of this panel and to discuss these important issues.


International Crowdfunding: Did The Sec Get It Right When Promulgating Regulation Crowdfunding Relative To Other Leading G20 Crowdfunding Regulations?, Robert A. Dixon Jr. 2018 Northwestern University

International Crowdfunding: Did The Sec Get It Right When Promulgating Regulation Crowdfunding Relative To Other Leading G20 Crowdfunding Regulations?, Robert A. Dixon Jr.

Robert A. Dixon Jr.

Countries are taking measures to boost their economies.  Democratizing capital formation by permitting crowdfunding equities to invigorate the small business strata of economies is one of those measures.  To what extent are countries permitting such capital formation is the focus question of this paper.  With respect to the United States, the SEC promulgated Regulation Crowdfunding in 2015 to effectuate Congress's intent to support small-business capital formation as evidenced by the passage of the JOBS Act in 2012.  Regulation Crowdfunding provides small business securities issuers, intermediaries, and investors rules and restrictions concerning their obligations under the law.  So, how effective ...


European (Dis)Union: From The 1992 Single Market To Brexit, Caroline Bradley 2018 University of Miami School of Law

European (Dis)Union: From The 1992 Single Market To Brexit, Caroline Bradley

University of Miami International and Comparative Law Review

No abstract provided.


United To Deter: Dealing With New Means Of Supporting Terror, Frank A. Florio 2018 University of Miami Law School

United To Deter: Dealing With New Means Of Supporting Terror, Frank A. Florio

University of Miami International and Comparative Law Review

No abstract provided.


Hate Speech - The United States Versus The Rest Of The World?, Kevin Boyle 2018 University of Maine School of Law

Hate Speech - The United States Versus The Rest Of The World?, Kevin Boyle

Maine Law Review

The search for a commonly agreed upon international legal understanding of the meaning of free speech or freedom of expression, as an individual human right, was a major international preoccupation from the 1940s to the 1980s. During the Cold War it was, of course, also a highly ideological debate. There were three positions, broadly speaking: the Soviet Union and its allies, who had little enthusiasm for the idea at all; the United States, which believed in it—many thought—too much; and the rest, the other Western democracies and developing countries, who tried to hold the middle ground. These contrasting ...


The Scope Of Section 316(B) After Marblegate, Marcel Kahan 2018 New York University

The Scope Of Section 316(B) After Marblegate, Marcel Kahan

New York University Law and Economics Working Papers

Section 316(b) of the Trust Indenture Act provides that right of any to receive payment of the principal and interest may not be impaired or affected without the holder’s consent. This article analyzes the recent case law on whether corporate restructurings that impair the practical ability of bondholders to obtain payment on their bonds violate Section 316(b) of the Trust Indenture Act. After concluding that the Court of Appeals for the Second Circuit was correct in confining the scope of Section 316(b) to formal amendments to core payment terms, the article turns to an issue left ...


Combating Domestic Violence In Bangladesh: Law, Policy And Other Relevant Considerations, Dr. Zakia Afrin 2018 Golden Gate University School of Law

Combating Domestic Violence In Bangladesh: Law, Policy And Other Relevant Considerations, Dr. Zakia Afrin

Annual Survey of International & Comparative Law

In 2011, an incident involving Professor Rumana Manzur of Dhaka University brought the topic of domestic violence in Bangladesh into main stream discussions. Professor Manzur’s husband of ten years, Hasan Syeed Sumon, had tried to gauge out both of her eyes by using his fingers, bit her nose and left her severely injured while they fought in her father’s residence in Dhaka. This incident shocked the whole country as well as diasporas abroad and forced the society to address the legal and societal loopholes to effectively combat this issue. Bangladesh has displayed an understanding of and respect for ...


Human Rights Abuse And Violations In Nigeria: A Case Study Of The Oil-Producing Communities In The Niger Delta Region, Dr. Ifeanyi I. Onwuazombe 2018 Golden Gate University School of Law

Human Rights Abuse And Violations In Nigeria: A Case Study Of The Oil-Producing Communities In The Niger Delta Region, Dr. Ifeanyi I. Onwuazombe

Annual Survey of International & Comparative Law

Human rights abuses and violations in Nigeria in general and in the oilproducing communities in particular cut across the entire spectrum of rights. The abuses come in different forms and could be direct or indirect. The inhabitants of the Niger Delta region are subjected to regular rights abuses and violations by the state security agents and the oil corporations. The perpetrators of rights violations are hardly or never held accountable or brought to justice due to the myriad of problems besetting the judicial institutions. Besides, there is an apparent lack of trust and confidence in the courts and general apathy ...


Theoretical Underpinnings Of Trust Investment Law: Juxtaposing Nigerian Law With Current Trends In Other Common Law Jurisdictions, Dr. Larry O.C. Chukwu 2018 University of Abuja, Nigeria

Theoretical Underpinnings Of Trust Investment Law: Juxtaposing Nigerian Law With Current Trends In Other Common Law Jurisdictions, Dr. Larry O.C. Chukwu

Annual Survey of International & Comparative Law

Over the centuries, common law jurists and scholars have propounded theories and principles which underpin the conduct of the investment duty of trustees. This article offers a comparative analysis of the theoretical underpinnings of trust investment law as applicable in Nigeria vis-a-vis the current trends in other jurisdictions. It concludes that the Nigerian law is hopelessly lagging behind and proffers recommendations for reform.


Accountability Of International Ngos: Human Rights Violations In Healthcare Provision In Developing Countries And The Effectiveness Of Current Measures, Sharmeen Ahmed 2018 Golden Gate University School of Law

Accountability Of International Ngos: Human Rights Violations In Healthcare Provision In Developing Countries And The Effectiveness Of Current Measures, Sharmeen Ahmed

Annual Survey of International & Comparative Law

In recent years, the number of non-governmental organizations (NGOs) working in the international arena has vastly increased, generally making a positive impact. But, as this influence has deepened, governments in the developing world and scholars have scrutinized the work and accountability of NGOs given they are mostly independent and not subjected to international law. While NGOs must adhere to the domestic laws of the places within which they work, adherence is dependent upon the strength of enforcement of those laws. Proponents argue that this independence is essential for NGOs to effectively carry out their work. However, a review of healthcare ...


Responding To Homegrown Terrorism: The Case Of Boko Haram, Dr. Elimma C. Ezeani 2018 Robert Gordon University

Responding To Homegrown Terrorism: The Case Of Boko Haram, Dr. Elimma C. Ezeani

Annual Survey of International & Comparative Law

If terrorism as it is known from history is changing, should the response to it change as well? This paper reflects on the rise and activities of Boko Haram in Northern Nigeria and the hesitation of domestic, regional and international efforts in stemming its spread. It finds that the rise and impact of homegrown terrorist groups like Boko Haram deserve closer attention than they have previously received particularly with regard to legal responses by domestic governments and the international community. The activities of Boko Haram in Nigeria have brought to the fore challenges faced by law and governments in tackling ...


Table Of Contents, 2018 Golden Gate University School of Law

Table Of Contents

Annual Survey of International & Comparative Law

No abstract provided.


Acknowledgment, 2018 Golden Gate University School of Law

Acknowledgment

Annual Survey of International & Comparative Law

No abstract provided.


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