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9,269 full-text articles. Page 6 of 220.

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 ...


Treaty Exit And Intra-Branch Conflict At The Interface Of International And Domestic Law, Laurence R. Helfer 2018 Duke Law School

Treaty Exit And Intra-Branch Conflict At The Interface Of International And Domestic Law, Laurence R. Helfer

Faculty Scholarship

This chapter, forthcoming in the Oxford Handbook of Comparative Foreign Relations Law, considers two important and unresolved issues raised by unilateral withdrawal from or denunciation of treaties. The first issue concerns whether treaty obligations end in both international and domestic law after a state leaves a treaty. Exit often produces the same effects in both legal systems, but some withdrawals bifurcate a treaty’s status, ending its obligations in domestic law but continuing to bind the state internationally, or vice versa. The second issue concerns denunciations initiated by different branches of government. The decision to withdraw from a treaty is ...


Failure Is Not Falling Down But Refusing To Get Up: Implication Of Huawei/Zte Framework (Cjeu 2015) In Europe, 17 J. Marshall Rev. Intell. Prop. L. 326 (2018), Ashish Bharadwaj, Dipinn Verma 2018 John Marshall Law School

Failure Is Not Falling Down But Refusing To Get Up: Implication Of Huawei/Zte Framework (Cjeu 2015) In Europe, 17 J. Marshall Rev. Intell. Prop. L. 326 (2018), Ashish Bharadwaj, Dipinn Verma

The John Marshall Review of Intellectual Property Law

The jurisprudence on standard-essential patents (SEPs) has evolved substantially in the last few years, particularly in the European jurisdictions, where EU courts have dealt with certain FRAND and antitrust issues in an unambiguous and novel manner. The 2015 landmark judgement in Huawei v. ZTE by the Court of Justice of the European Union brought clarity in understanding ‘unwilling licensee’ and laid down terms under which the holder of a FRAND-compliant SEP can seek injunctive relief that does not amount to an abuse of its dominant position. Four important judgements in Germany followed, where the regional courts have applied the CJEU ...


Ilsa Journal Of International & Comparative Law, 2018 Nova Southeastern University

Ilsa Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.


Incitement And Defamation In Saudi Arabia: The Case Of Human Rights Lawyer Waleed Abu Al-Khair, Javier El-Hage, Celine Assaf Boustani 2018 Nova Southeastern University

Incitement And Defamation In Saudi Arabia: The Case Of Human Rights Lawyer Waleed Abu Al-Khair, Javier El-Hage, Celine Assaf Boustani

ILSA Journal of International & Comparative Law

Saudi human rights lawyer and pro-democracy activist Waleed Abu Al-Khair was convicted for “inciting public opinion” and “harming the reputation of the King.” As a result, he is currently serving a fifteen-year prison sentence in the Kingdom of Saudi Arabia. This Article analyzes Abu Al-Khair’s criminal conviction under international law, with a focus on the universal standard for the protection of freedom of expression. Specifically, this article explores international law rules that call for narrow constructions of the offenses of “incitement” and “defamation” under domestic law when dealing with public figures and public affairs. Portions of this paper have ...


Mr. Trump's Contribution To Women's Human Rights, Barbara Stark 2018 Nova Southeastern University

Mr. Trump's Contribution To Women's Human Rights, Barbara Stark

ILSA Journal of International & Comparative Law

The day after Donald Trump’s inauguration, women and their supporters marched across the United States (and around the world), in what was probably the largest single day of protest in American history


Sequencing Peace And Justice In Syria, Milena Sterio 2018 Nova Southeastern University

Sequencing Peace And Justice In Syria, Milena Sterio

ILSA Journal of International & Comparative Law

Since 2011, the conflict in Syria has caused the death of hundreds of thousands of individuals and the displacement of millions. Efforts to refer the Syrian situation to the International Criminal Court (ICC) have consistently failed despite well-documented reports about the commission of serious crimes in Syria, including the use of chemical weapons against civilians, torture, the use of child soldiers, and crimes of sexual violence.


Non-State Actors As Respondents Before International Judicial Bodies, Peter Tzeng 2018 Nova Southeastern University

Non-State Actors As Respondents Before International Judicial Bodies, Peter Tzeng

ILSA Journal of International & Comparative Law

For centuries, non-state actors have acted as claimants before international judicial bodies. Only recently, however, have they begun acting as respondents.


The Inconsequential Choice-Of-Law Question Posed By Jesner V. Arab Bank, Beth Van Schaack 2018 Nova Southeastern University

The Inconsequential Choice-Of-Law Question Posed By Jesner V. Arab Bank, Beth Van Schaack

ILSA Journal of International & Comparative Law

In Jesner v. Arab Bank, the United States (U.S.) Supreme Court has taken up the question of whether victims of human rights abuses can sue corporations and other legal entities for violations of the law of nations under the Alien Tort Statute (ATS).


The Peace Vs. Justice Puzzle And The Syrian Crisis, Paul R. Williams, Lisa K. Dicker, C. Danae Paterson 2018 Nova Southeastern University

The Peace Vs. Justice Puzzle And The Syrian Crisis, Paul R. Williams, Lisa K. Dicker, C. Danae Paterson

ILSA Journal of International & Comparative Law

Those involved in peace negotiations often face the dilemma of balancing demands for justice with the imperative of stopping the conflict as quickly as possible. There are abiding ethical and moral debates surrounding this tension between peace and justice.


Legal Pluralism And The Threat To Human Rights In The New Plurinational State Of Bolivia, James M. Cooper 2018 Professor of Law, Co-Director of the Center for Creative Problem Solving at California Western School of Law

Legal Pluralism And The Threat To Human Rights In The New Plurinational State Of Bolivia, James M. Cooper

Washington University Global Studies Law Review

Bolivia, the chronically poor, landlocked Andean country has long seen its indigenous populations marginalized, languishing in underdevelopment. Spanish colonialists destroyed any vestige of the vibrant, complex civilization that existed in the region – including the religious, political and legal systems in place for centuries. In December 2005, Evo Morales Ayma

was the first elected President of indigenous descent. After leading the changes in the country’s Constitution, Morales continued to rule Bolivia until the writing of this Article. The New Political Constitution of Plurinational State of Bolivia of 2009 and a national law for community justice, signed into law by Morales ...


International Comity And The Non-State Actor, Microsoft: Why Law Enforcement Access To Data Stored Abroad Act (Leads Act) Promotes International Comity, Sabah Siddiqui 2018 Catholic University of America (Student)

International Comity And The Non-State Actor, Microsoft: Why Law Enforcement Access To Data Stored Abroad Act (Leads Act) Promotes International Comity, Sabah Siddiqui

Catholic University Journal of Law and Technology

Currently large email service providers, such as Google, Microsoft and Yahoo are refusing to comply with warrants issued under the Secured Communications Act (“SCA”) because in many instances, the requested information may be stored in servers located abroad. In the dismissed Supreme Court case, In re Warrant to Search a Certain E-Mail Account Controlled & Maintained by Microsoft Corporation, the Supreme Court should have addressed whether an internet service provider must comply with a warrant issued under the SCA when the requested information is stored in a foreign country and whether enforcement of these warrants would be an impermissible extraterritorial application ...


The Impact Of Regulatory Measures Imposed On Initial Coin Offerings In The United States Market Economy, Joseph D. Moran 2018 Catholic University of America Columbus School of Law

The Impact Of Regulatory Measures Imposed On Initial Coin Offerings In The United States Market Economy, Joseph D. Moran

Catholic University Journal of Law and Technology

With the surge of technological advances across the financial market landscape, companies have implemented new ways of raising money that have sparked controversy among investors, legal practitioners, banks, and government regulators. This comment examines the technology behind Initial Coin Offerings (ICOs), and discusses the impact they have had on financial markets in the United States and across the globe. This comment also addresses the legal ramifications for companies issuing ICOs, and delves into the benefits of using blockchain technology as a means for transferring digital currencies and making business transactions. This comment further gives examples of current and potential regulations ...


Constitutional Mobilization, Bui Ngoc Son 2018 Senior Research Fellow, Centre for Asian Legal Studies, National University of Singapore Faculty of Law

Constitutional Mobilization, Bui Ngoc Son

Washington University Global Studies Law Review

People around the world are mobilizing for constitutional change. This global phenomenon has been underexplored in comparative constitutional studies. This Article introduces the concept of constitutional mobilization, theorizes about it, and offers an original, empirical case-study.

First, it develops a general theoretical framework defined by the following key concepts. Constitutional mobilization is the process by which social actors employ constitutional norms and discourses to advocate for constitutional change. Constitutional opportunity refers to the general political and constitutional environment in which constitutional mobilization operates, and particular political and constitutional processes that provoke constitutional mobilization. Constitutional framing concerns identifying constitutional problems and ...


Masthead, 2018 University of Pennsylvania Law School

Masthead

University of Pennsylvania Asian Law Review

No abstract provided.


How Much Progress Can Legislation Bring? The 2014 Amendment Of The Administrative Litigation Law Of Prc, He Haibo 2018 University of Pennsylvania Law School

How Much Progress Can Legislation Bring? The 2014 Amendment Of The Administrative Litigation Law Of Prc, He Haibo

University of Pennsylvania Asian Law Review

No abstract provided.


Women’S Human Rights And Migration: Sex-Selective Abortion Laws In The United States And India, Rangita de Silva de Alwis 2018 University of Pennsylvania Law School

Women’S Human Rights And Migration: Sex-Selective Abortion Laws In The United States And India, Rangita De Silva De Alwis

Faculty Scholarship

Sital Kalantry’s Women’s Human Rights and Migration: Sex Selective Abortion Laws in the United States and India addresses a long-existing gap in feminist theory at the intersection of a migrant woman’s experience and culturally motivated reproductive decisions. By recognising the possibility that ‘practices that are oppressive to women in one country context may not have a negative impact on women in another country context’ Kalantry takes an important step in creating a framework for evaluating competing human rights interests within the complex cultural contexts that arise in migrant-receiving countries. Her proposed framework rejects the decontextualisation and politicisation ...


China's Regulatory Reform: Experiences, Challenges, And Prospects, Zhou Hanhua 2018 University of Pennsylvania Law School

China's Regulatory Reform: Experiences, Challenges, And Prospects, Zhou Hanhua

University of Pennsylvania Asian Law Review

No abstract provided.


China Can Say "No": Analyzing China's Rejection Of The South China Sea Arbitration, Isaac B. Kardon 2018 University of Pennsylvania Law School

China Can Say "No": Analyzing China's Rejection Of The South China Sea Arbitration, Isaac B. Kardon

University of Pennsylvania Asian Law Review

No abstract provided.


Examining Regulatory Capture: Looking Back At The Fukushima Nuclear Power Plant Disaster, Seven Years Later, Kiyoshi Kurokawa, Andrea Ryoko Ninomiya 2018 University of Pennsylvania Law School

Examining Regulatory Capture: Looking Back At The Fukushima Nuclear Power Plant Disaster, Seven Years Later, Kiyoshi Kurokawa, Andrea Ryoko Ninomiya

University of Pennsylvania Asian Law Review

No abstract provided.


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