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U.S. War Powers And The Potential Benefits Of Comparativism, Curtis A. Bradley 2018 Duke Law School

U.S. War Powers And The Potential Benefits Of Comparativism, Curtis A. Bradley

Faculty Scholarship

There is no issue of foreign relations law more important than the allocation of authority over the use of military force. This issue is especially important for the United States given the frequency with which it is involved in military activities abroad. Yet there is significant uncertainty and debate in the United States over this issue — in particular, over whether and to what extent military actions must be authorized by Congress. Because U.S. courts in the modern era have generally declined to review the legality of military actions, disputes over this issue have had to be resolved, as a ...


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 ...


Advice For Future Truth Commission Architects: How To Gender-Mainstream And Intersectionality-Mainstream Consultations, Operations, And Final Reports To Improve Outcomes In Healing, Justice, And Empowerment, Natalie Romeri-Lewis 2017 Brigham Young University

Advice For Future Truth Commission Architects: How To Gender-Mainstream And Intersectionality-Mainstream Consultations, Operations, And Final Reports To Improve Outcomes In Healing, Justice, And Empowerment, Natalie Romeri-Lewis

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

Intersectionality theory identifies some females at higher risk for experiencing silencing and human rights abuses than others (Crenshaw 1989) and calls for analyzing discrimination among interconnected identities (e.g. ethnicity, level of education, urban-rural residence). Thus, we ask, have truth commission designers gender-mainstreamed or applied intersectionality theory when respectively designing, promoting, taking statements at, and writing the final reports and recommendations of truth commissions?

First, this project identifies the level of gender and intersectionality awareness of academic truth commission studies and the more than 20 existing transitional justice datasets found in Mallinder and O'Rourke (2016).

Second, this project aims ...


Mass Displacement Of Destitute People: A Trigger For Non-Refoulement Protection?, Bernardo de Souza Dantas Fico, Leticia Machado Haertel 2017 InterAmerican Court of Human Rights

Mass Displacement Of Destitute People: A Trigger For Non-Refoulement Protection?, Bernardo De Souza Dantas Fico, Leticia Machado Haertel

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

This paper focuses on two problems around the mass displacement of people in extreme poverty: the characterization of such people as refugees and the application of the non-refoulement principle to mass displacements.

Extreme poverty is causal to grave human rights violations such as deprivation of water, of food, and of an adequate standard of living. These circumstances may reach a degree in which life in a country is unbearable — forcing people to move in order to enhance their likelihood of survival.

The classic understanding of the non-refoulement obligation, as enshrined in the 1951 Refugee Convention, forbids states from returning people ...


Legal Research Instruction And Law Librarianship In China: An Updated View Of Current Practices And A Comparison With The U.S. Legal Education System, Ning Han, Liying Yu, Anne Mostad-Jensen 2017 Concordia Univeristy School of Law

Legal Research Instruction And Law Librarianship In China: An Updated View Of Current Practices And A Comparison With The U.S. Legal Education System, Ning Han, Liying Yu, Anne Mostad-Jensen

Ning Han

This article follows up on Liying Yu’s 2008 survey exploring the state of legal research instruction in Chinese law schools. The updated survey revisits the state of legal research instruction in China, explores several aspects not previously addressed, and discusses broader issues relevant to law librarianship in China such as management models, funding, staffing, and law librarian faculty status.


中国法律检索教育新发展, Liying Yu, Ning Han 2017 Tsinghua University School of Law

中国法律检索教育新发展, Liying Yu, Ning Han

Ning Han

本文通过问卷调查揭示中国法律检索教学领域的最新状况和发展趋势。该调查是作者2008年调查的继续,以期发现近年来国内该项教学的进展和变化。作者希望以中美法律图书馆员的视角对中国法律检索教学中诸如课程设置、教学方式、学分、考核评估等方面进行具体观察和分析;同时,对法律职业与法律教育者之间的反馈系统、学生对法律检索能力的认知、全国性指导标准等相关方面也有涉及。文章指出,当前,中国法律检索教学局限与机遇并存,特别是伴随信息与数据时代对社会经济文化的全面影响,中国法学教育改革适逢其时,法律检索教育也会不可避免地提到议事日程。而且,作者乐观地认为,中美法律图书馆员在其中的积极与促进作用也是无可替代的。


Resolving Economic Disputes In Russia's Market Economy, Karen Halverson 2017 John Marshall Law School

Resolving Economic Disputes In Russia's Market Economy, Karen Halverson

Karen Halverson Cross

The purpose of this paper is to examine the recent transformation of state arbitrazh into economic courts along with the development of commercial arbitration in Russia, and to consider the relative utility of these mechanisms for resolving disputes in Russia's evolving market economy. Part I describes state arbitrazh and details its evolution into the existing system of economic courts. Part II discusses the past and recent development of commercial arbitration in Russia as an alternative to litigating domestic disputes. Part III considers various social and historic factors that hinder genuine reform.


Language Of Lullabies: The Russification And De-Russification Of The Baltic States, Sonia Bychkov Green 2017 Chicago-Kent College of Law

Language Of Lullabies: The Russification And De-Russification Of The Baltic States, Sonia Bychkov Green

Sonia Bychkov Green

This article argues that the laws for promotion of the national languages are a legitimate means for the Baltic states to establish their cultural independence from Russia and the former Soviet Union.


Democracy's Deficits, Sam Issacharoff 2017 NYU Law School

Democracy's Deficits, Sam Issacharoff

New York University Public Law and Legal Theory Working Papers

Barely a quarter century after the collapse of the Soviet empire, it is democracy that has entered an intense period of public scrutiny. The election of President Trump and the Brexit vote are dramatic moments in a populist uprising against the postwar political consensus of liberal rule. But they are also signposts in a process long in the making, yet perhaps not fully appreciated until the intense electoral upheavals of recent years. The current moment is defined by the distrust of the institutional order of democracy and, more fundamentally, of the idea that there is a tomorrow and that the ...


Collective Action And Class Action, Sam Issacharoff 2017 NYU Law School

Collective Action And Class Action, Sam Issacharoff

New York University Public Law and Legal Theory Working Papers

Over the past 25 years, class actions have emerged as a central feature of Canadian law. The conceptual heart of these class actions comes from the Ontario Law Reform Commission’s 1982 Report on Class Actions, particularly in common law Canada.[1] Drawing on the experiences of the early-adopter provinces of Québec, Ontario and British Columbia, the Report set out the objectives of the modern class action: judicial economy, access to justice, and behavior modification.

The reasoning in the Ontario Report as insufficient to explain the need for class actions. The stated premises are all classic accounts of the lack ...


Comparative Defamation Law: England And The United States, Vincent R. Johnson 2017 University of Miami Law School

Comparative Defamation Law: England And The United States, Vincent R. Johnson

University of Miami International and Comparative Law Review

No abstract provided.


The Future Of U.S. Claims For Property Restoration In Cuba, Ashley Morales 2017 University of Miami Law School

The Future Of U.S. Claims For Property Restoration In Cuba, Ashley Morales

University of Miami International and Comparative Law Review

No abstract provided.


“Capitalist” Cuba: The Privatization Of The Cuban Economy And Its Unintended Consequences, Christopher Palomo 2017 University of Miami Law School

“Capitalist” Cuba: The Privatization Of The Cuban Economy And Its Unintended Consequences, Christopher Palomo

University of Miami International and Comparative Law Review

No abstract provided.


A Call To Higher Action: Cannabis Prohibition In The United States And Canada Makes For An Uncertain Future, Carlos Alvarez 2017 University of Miami Law School

A Call To Higher Action: Cannabis Prohibition In The United States And Canada Makes For An Uncertain Future, Carlos Alvarez

University of Miami International and Comparative Law Review

No abstract provided.


The Silencing Of Human Rights Activists In Egypt Post-Revolution, Jennifer Helmy 2017 University of Miami Law School

The Silencing Of Human Rights Activists In Egypt Post-Revolution, Jennifer Helmy

University of Miami International and Comparative Law Review

No abstract provided.


An Analysis Of China's Human Rights Policies In Tibet: China's Compliance With The Mandates Of International Law Regarding Civil And Political Rights, Richard Klein 2017 Selected Works

An Analysis Of China's Human Rights Policies In Tibet: China's Compliance With The Mandates Of International Law Regarding Civil And Political Rights, Richard Klein

Richard Klein

Tibet is commonly viewed in the West as having been a "Shangri- La"-a utopia unspoiled by industrialization, commercialization, or pollution.


Achieving Equality For Women In Labour And Employment – A Comparative Study Of Colombia And Canada, Lina M. Hernandez 2017 The University of Western Ontario

Achieving Equality For Women In Labour And Employment – A Comparative Study Of Colombia And Canada, Lina M. Hernandez

Electronic Thesis and Dissertation Repository

The primary focus of this thesis is to analyze and compare the legal systems enacted to protect working women in Colombia and Canada. This thesis focuses on: the protection of maternity and parental rights; the principle of equal pay for work of equal value; and discrimination in employment (including harassment). This research argues that the legislative and judicial changes made in each country to protect working women have not led to substantive equality for working women. This thesis also argues that there is a gap between international and national standards, thus a law reform is appropriate and needed in both ...


Chinese Conflicts Of Law: A Restatement And Legisprudence Proposal, Shaoming Zhu 2017 Penn State Law

Chinese Conflicts Of Law: A Restatement And Legisprudence Proposal, Shaoming Zhu

SJD Dissertations

China has a long history of addressing conflict issues between different legal systems. However, there is as yet no unified legislation on Conflicts of Law in China. Rules on the topic of Conflicts of Law can be found in various legal sources without a clear structure or statement of their hierarchy and effectiveness. This research draws a comprehensive, well-organized map of Conflicts of Law rules in China by introducing the evolution of Conflicts of Law in China, defining the scope of Conflicts of Law as a legal science, restating the structure and contents of Chinese Conflicts of Law rules, and ...


Egyptian Confidential: An Analysis Of Confidentiality In The Egyptian Arbitration System, Kayla Snowberger 2017 Penn State Law

Egyptian Confidential: An Analysis Of Confidentiality In The Egyptian Arbitration System, Kayla Snowberger

Arbitration Law Review

No abstract provided.


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