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Breathing Air With Heft: An Experiential Report On Environmental Regulation And Public Health In Urban China, Erin Ryan 2017 Florida State University College of Law

Breathing Air With Heft: An Experiential Report On Environmental Regulation And Public Health In Urban China, Erin Ryan

Erin Ryan

This article explores the gritty intersections of daily life and environmental law in modern China, an industrial powerhouse still struggling to reconcile economic opportunity with breathable air, clean water, healthy food, and safe products.  With comparative perspective on analogous challenges in the United States, the article reports on these critical domestic challenges for China at a pivotal moment in its reemergence as a dominant world power.  China’s continued geopolitical rise may well hinge on its ability to respond successfully to the environmental causes of growing social unrest.
 
In 2011, in the midst of this maelstrom, I brought my husband ...


Secession And Federalism In The United States: Tools For Managing Regional Conflict In A Pluralist Society, Erin Ryan 2017 Florida State University College of Law

Secession And Federalism In The United States: Tools For Managing Regional Conflict In A Pluralist Society, Erin Ryan

Erin Ryan

This Article explores the use of federalism and secession as tools for managing regional conflict within pluralist governance, drawing on underappreciated features of the American experience.  Epic struggles to balance autonomy with interdependence have taken on new urgency as dissatisfaction with globalization inspires political cataclysms unimaginable just a few years ago—including ‘Brexit’ from the European Union and American threats to leave NATO.  The same impetus toward devolution also surfaces in heated intra-national conflicts.  Recent calls for secession in Scotland, Catalonia, Québec, the Sudan, and even the United States reveal multiple political contexts in which questions have been raised about ...


Public Law, Private Actors: The Impact Of Human Rights On Business Investors In China Symposium: Doing Business In China, Diane F. Orentlicher, Timothy A. Gelatt 2017 Selected Works

Public Law, Private Actors: The Impact Of Human Rights On Business Investors In China Symposium: Doing Business In China, Diane F. Orentlicher, Timothy A. Gelatt

Diane Orentlicher

Should companies invest at all in countries, like China, where severe human rights abuses are pervasive? If they do invest, should they restrict their operations to areas of the country that have a comparatively good human rights record? Are there basic principles that transnational companies should observe to ensure, at a minimum, that they do not become complicit in a host government's abrogation of universally-recognized human rights? Should such principles be enforced by Executive or congressional fiat, or should companies take primary responsibility for policing themselves? How can companies that wish to factor human rights considerations into their business ...


Swapping Amnesty For Peace And The Duty To Prosecute Human Rights Crimes, Diane F. Orentlicher 2017 Selected Works

Swapping Amnesty For Peace And The Duty To Prosecute Human Rights Crimes, Diane F. Orentlicher

Diane Orentlicher

I am fortunate to have as a foundation for my remarks Professor Roht-Arriaza's lucid presentation of the principal sources of international law bearing on amnesties for gross violations of human rights.


The Imprint Of Kosovo On International Law, Diane F. Orentlicher 2017 Selected Works

The Imprint Of Kosovo On International Law, Diane F. Orentlicher

Diane Orentlicher

In several respects, international responses to recent developments in Kosovo have had a significant- in some respects, profound - impact on international law


International Criminal Law And The Cambodian Killing Fields, Diane F. Orentlicher 2017 Selected Works

International Criminal Law And The Cambodian Killing Fields, Diane F. Orentlicher

Diane Orentlicher

I have been asked to discuss various models that might be available to address crimes committed by the Khmer Rouge during its murderous reign in the 1970s.


A Gateway Into The South?: The Effect Of The Uaw's Proposed Introduction Of European-Style Works Councils Into Collective Bargaining In The United States, Gregory Mark 2017 University of Georgia School of Law

A Gateway Into The South?: The Effect Of The Uaw's Proposed Introduction Of European-Style Works Councils Into Collective Bargaining In The United States, Gregory Mark

Georgia Journal of International & Comparative Law

No abstract provided.


"Playing God?": An Examination Of The Legality Of Crispr Germline Editing Technology Under The Current International Regulatory Scheme And The Universal Declaration On The Human Genome And Human Rights, Brooke Elizabeth Hrouda 2017 University of Georgia School of Law

"Playing God?": An Examination Of The Legality Of Crispr Germline Editing Technology Under The Current International Regulatory Scheme And The Universal Declaration On The Human Genome And Human Rights, Brooke Elizabeth Hrouda

Georgia Journal of International & Comparative Law

No abstract provided.


No Matter Who Draws The Lines: A Comparative Analysis Of The Utility Of Independent Redistricting Commissions In First-Past-The-Post Democracies, Katherine L. Ekstrand 2017 University of Georgia School of Law

No Matter Who Draws The Lines: A Comparative Analysis Of The Utility Of Independent Redistricting Commissions In First-Past-The-Post Democracies, Katherine L. Ekstrand

Georgia Journal of International & Comparative Law

No abstract provided.


Adoption In China: Past, Present And Yet To Come, Margaret Ryznar 2017 Indiana University McKinney School of Law

Adoption In China: Past, Present And Yet To Come, Margaret Ryznar

Georgia Journal of International & Comparative Law

No abstract provided.


Members And Outsiders: An Examination Of The Models Of United States Citizenship As Well As Questions Concerning European Union Citizenship, Ediberto Roman 2017 Selected Works

Members And Outsiders: An Examination Of The Models Of United States Citizenship As Well As Questions Concerning European Union Citizenship, Ediberto Roman

Ediberto Roman

No abstract provided.


The Time Is Now: Why The United States Should Follow The United Kingdom's Lead And Implement A Federal Nazi-Looted Art Spoliation Advisory Panel, Chloe Ricke 2017 University of Georgia School of Law

The Time Is Now: Why The United States Should Follow The United Kingdom's Lead And Implement A Federal Nazi-Looted Art Spoliation Advisory Panel, Chloe Ricke

Georgia Journal of International & Comparative Law

No abstract provided.


"Never Had A Choice And No Power To Alter": Illegitimate Children And The Supreme Court Of Japan, Shigenori Matsui 2017 University of British Columbia, Peter A. Allard School of Law

"Never Had A Choice And No Power To Alter": Illegitimate Children And The Supreme Court Of Japan, Shigenori Matsui

Georgia Journal of International & Comparative Law

No abstract provided.


Voting Rights And The History Of Institutionalized Racism: Criminal Disenfranchisement In The United States And South Africa, Brock A. Johnson 2017 University of Georgia School of Law

Voting Rights And The History Of Institutionalized Racism: Criminal Disenfranchisement In The United States And South Africa, Brock A. Johnson

Georgia Journal of International & Comparative Law

No abstract provided.


Public Resource Ownership And Community Engagement In A Modern Energy Landscape, Samantha Hepburn 2017 Centre for Energy and Natural Resources Law, Deakin Law School, Australia

Public Resource Ownership And Community Engagement In A Modern Energy Landscape, Samantha Hepburn

Pace Environmental Law Review

The onshore resource conflicts that have erupted in the Eastern states of Australia highlight the deep need for axiomatic structural change in public resource ownership frameworks. Much of the conflict that has arisen stems from the failure of the state, as owner, to give proper regard to the social and environmental concerns relevant to the expansion of onshore resource development. The underlying rationale for vesting resources in the state is to ensure they are managed for the benefit of the community as a whole. The implied sumption is that public benefit obligations are met through state administration because this is ...


Public Conservation Policies On Private Land: A Case Study Of The Brazilian Forest Code And Implications For The Agro-Industry Sector, Rayane Aguiar, Jody M. Endres, Caroline Taylor, Samuel Evans 2017 University of Illinois College of Agricultural, Consumer, and Environmental Sciences

Public Conservation Policies On Private Land: A Case Study Of The Brazilian Forest Code And Implications For The Agro-Industry Sector, Rayane Aguiar, Jody M. Endres, Caroline Taylor, Samuel Evans

Pace Environmental Law Review

The objectives of this paper are to discuss (1) a brief history of the Brazilian Forest Code (FC); (2) key aspects of the 2012 FC revisions; (3) the status of implementation, including institutional and field-level challenges, as well as economic incentives to ease compliance; and (4) the importance of the FC for the Brazilian agro-industrial sector.


The Tension Between Korean Environmental Protection Policies And U.S. Investors' Interests Under The U.S.-Korea Free Trade Agreement, Changsung Kang 2017 Indiana University Maurer School of Law

The Tension Between Korean Environmental Protection Policies And U.S. Investors' Interests Under The U.S.-Korea Free Trade Agreement, Changsung Kang

Theses and Dissertations

South Korea’s low carbon and ‘green growth’ policies possess potential regulatory changes that reduce foreign investors’ interests and legitimate expectations concerning the profitability of their businesses. Although international investment law protects a government’s right to protect legitimate public welfare objectives, such as environmental protection, the investor-State dispute settlement provision allows foreign investors to seek compensation for a country’s law and policies contrary to their interests. On the other hand, investor-State dispute settlement provisions inherently have many problems. Despite the problems, protecting both foreign investors’ interests and States’ regulatory sovereignty is very important. For this reason, this dissertation ...


The Influence Of Criminal Mens Rea On Criminal Justice: A Comparative Study Of Qatar's Penal Code And The Model Penal Code In The United States, Khalid Saleh Al-shamari 2017 Indiana University Maurer School of Law

The Influence Of Criminal Mens Rea On Criminal Justice: A Comparative Study Of Qatar's Penal Code And The Model Penal Code In The United States, Khalid Saleh Al-Shamari

Theses and Dissertations

This dissertation discusses mens rea as an element of a crime. The main goal of this study is to improve the legislative wording in Qatari Penal Code regarding mens rea. This dissertation discusses the legislative wording of mens rea and the vital role that it plays in the formation of the mens rea element in criminal law. This study seeks to determine whether the legislative wording contributes to the ambiguity of mens rea, thereby adversely affecting criminal justice.

This dissertation is divided into two parts. The first part deals with criminal mens rea in general and tracks its history and ...


On What Matters In Comparative Constitutional Law: A Comment On Hirschl, Katharine G. Young 2017 Boston College Law School

On What Matters In Comparative Constitutional Law: A Comment On Hirschl, Katharine G. Young

Katharine G. Young

The field of comparative constitutional law has developed in interesting and exciting directions in recent years. This essay provides a comment on Ran Hirschl’s Comparative Matters: The Renaissance of Comparative Constitutional Law, a path-breaking example of the new methodologies that have become possible in the field. Its new boundaries, described not as comparative constitutional law, but as comparative constitutional studies, include comparative politics, political economy, and the broader social sciences. By contrast, this essay suggests that the field must remain anchored in law, in all of its complexity. This may at times suggest different answers, and indeed different questions ...


Democracy In Brazil: The Evolving Role Of The Country’S Supreme Court, Dias Toffoli 2017 Brazilian Supreme Court

Democracy In Brazil: The Evolving Role Of The Country’S Supreme Court, Dias Toffoli

Boston College International and Comparative Law Review

The objective of this paper is to analyze the functions of the Brazilian Supreme Court and the need to attribute to a single specific entity the roles of guardian of the constitution, court of the federation, and moderator of political and social conflicts. It is also important to stress the relevance of the Brazilian Supreme Court as a criminal court, overseeing inquiries and criminal suits involving federal authorities entitled to the prerogative of privileged jurisdiction.


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