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Putting Faith In Europe: Should The U.S. Supreme Court Learn From The European Court Of Human Rights?, Antony Barone Kolenc 2017 Florida Coastal School of Law

Putting Faith In Europe: Should The U.S. Supreme Court Learn From The European Court Of Human Rights?, Antony Barone Kolenc

Georgia Journal of International & Comparative Law

No abstract provided.


"Local Data" In European Choice Of Law: A Trojan Horse From Across The Atlantic?, T.W. Dornis 2017 Leuphana Law School

"Local Data" In European Choice Of Law: A Trojan Horse From Across The Atlantic?, T.W. Dornis

Georgia Journal of International & Comparative Law

No abstract provided.


Zuchtvieh-Export Gmbh V. Stadt Kempten: The Tension Between Uniform, Cross-Border Regulation And Territorial Sovereignty, David Mahoney 2017 Boston College Law School

Zuchtvieh-Export Gmbh V. Stadt Kempten: The Tension Between Uniform, Cross-Border Regulation And Territorial Sovereignty, David Mahoney

Boston College International and Comparative Law Review

In Zuchtvieh-Export GmbH v. Stadt Kempten, the European Court of Justice ruled that a European Council regulation that protects animal welfare during transport applies to the stages of a journey outside of the European Union (EU), if that journey commenced within the EU. This ruling by the European Court of Justice has been praised as it improves animal transport conditions outside of the EU. However, transport companies and governments outside of the EU are less welcoming of the ruling. The ruling highlights the difficulty in determining when and how such a regulation should be applied abroad. It also raises the ...


A Comparative Approach To Counter-Terrorism Legislation And Legal Policy, Paul David Hill Jr 2017 Liberty University

A Comparative Approach To Counter-Terrorism Legislation And Legal Policy, Paul David Hill Jr

Senior Honors Theses

Since the 9/11 attacks, American legislation and legal policy in regards to classifying and processing captured terrorists has fallen short of being fully effective and lawful. Trial and error by the Bush and Obama administrations has uncovered two key lessons: (1) captured terrorists are not typical prisoners of war and thus their detainment must involve more legal scrutiny than the latter; and (2) captured terrorists are not ordinary criminals and thus the civilian criminal court system, due to constitutional constraints, is not capable of adequately trying every count of terrorism. Other nations, including France and Israel, approach this problem ...


Yet Another French Exception: The Legal, Cultural, And Political Dimensions Of France’S Support For The Digital Right To Be Forgotten, Zarine Kharazian 2017 College of William and Mary

Yet Another French Exception: The Legal, Cultural, And Political Dimensions Of France’S Support For The Digital Right To Be Forgotten, Zarine Kharazian

Undergraduate Honors Theses

In 2015, the European Court of Justice established an online “right to be forgotten” in Europe. Under this right to be forgotten, individuals may request that search engines delist links that reference their personal information from search results. Search engines need not grant these requests, but they are now obligated to review them.

While the Court's decision to establish the right to be forgotten certainly ignited a debate among Western privacy scholars and policymakers hailing from both sides of the Atlantic, no country has participated in the debate with as much fervor as has France. This thesis addresses the ...


Hastening Harmonization In European Union Patent Law Through A Preliminary Reference Power, Joseph Kenneth Yarsky 2017 Boston College Law School

Hastening Harmonization In European Union Patent Law Through A Preliminary Reference Power, Joseph Kenneth Yarsky

Boston College International and Comparative Law Review

The European Union has struggled for decades to establish a streamlined method of uniform patent protection. Its current solution involves both a European Patent of Unitary Effect and the implementation of the Unified Patent Court to adjudicate patent claims. The current proposal, however, does not eliminate the two other routes to patent protection that currently exist: national patent grants and classical European patents. The existence of three possible routes to patent protection could lead to increased fragmentation in the way patents are interpreted across the European Union. Creating a more unified system entails both ensuring that the substantive patent law ...


Unsafe Harbor: The European Union's Demand For Heightened Data Privacy Standards In Schrems V. Irish Data Protection Commissioner, Christina Lam 2017 Boston College Law School

Unsafe Harbor: The European Union's Demand For Heightened Data Privacy Standards In Schrems V. Irish Data Protection Commissioner, Christina Lam

Boston College International and Comparative Law Review

In 1995, the European Union adopted the Data Protection Directive to govern the processing, use, and exchange of personal data. The United States refused to enact similar legislation, consequently jeopardizing ongoing and future data transfers with the European Union. To prevent economic catastrophe, the United States negotiated with the European Union to reach the Safe Harbor Agreement and, on July 26, 2000, the European Commission formally recognized the agreement as compliant with the Data Protection Directive in its Safe Harbor Decision. In 2013, U.S. data protection standards were once again placed under the microscope when Edward Snowden leaked information ...


Prioritizing National Security At The Expense Of Refugee Rights: The Effects Of H.T. V. Land Baden-Württenberg, Thomas F. Lampert 2017 Boston College Law School

Prioritizing National Security At The Expense Of Refugee Rights: The Effects Of H.T. V. Land Baden-Württenberg, Thomas F. Lampert

Boston College International and Comparative Law Review

Tensions are high in member states of the European Union as they struggle to accommodate a record number of refugees while simultaneously confronting seemingly regular terrorist attacks. In response to this crisis, the European Court of Justice’s decision in H.T. v. Land Baden-Württenberg continued a trend that began after September 11, 2001, in which countries implement policies that diminish and threaten the rights of refugees. Specifically, the European Court of Justice ruled that legislation governing the distribution of residence permits to refugees impliedly allowed for the revocation of a residence permit from a refugee accused of terrorist activities ...


State Of The European Union, Christie S. Warren 2017 William & Mary Law School

State Of The European Union, Christie S. Warren

Popular Media

No abstract provided.


The French Veil Ban: A Transnational Legal Feminist Approach, Sital Kalantry 2017 Cornell Law School

The French Veil Ban: A Transnational Legal Feminist Approach, Sital Kalantry

Cornell Law Faculty Publications

After the gruesome terrorist attack that killed eighty-four people in Nice, many beach towns in France began to ban Muslim women from wearing the "burkini" on beaches. The burkini, which was created by an Australian designer, is modest swimwear that covers the body and hair. The Nice attack occurred on the heels of a series of attacks in France. The timing of the French burkini ban suggests it was targeting Muslims due to the anger over the attacks. The argument that burkinis are not hygienic is a fig leaf for other more pernicious justifications. Others argue that religious garb generally ...


A Human Rights Perspective To Global Battlefield Detention: Time To Reconsider Indefinite Detention, Yuval Shany 2017 Hebrew University of Jerusalem

A Human Rights Perspective To Global Battlefield Detention: Time To Reconsider Indefinite Detention, Yuval Shany

International Law Studies

This article discusses one principal challenge to detention without trial of suspected international terrorists—the international human rights law (IHRL) norm requiring the introduction of an upper limit on the duration of security detention in order to render it not indefinite in length. Part One of this article describes the “hardline” position on security detention, adopted by the United States in the immediate aftermath of the 9/11 terror attacks (followed, with certain variations, by other countries, including the United Kingdom and the State of Israel), according to which international terrorism suspects can be deprived of their liberty without trial ...


Dual Sovereignty In Europe?: A Critique Of Habermas's Defense Of The Nation-State, Vlad F. Perju 2017 Boston College Law School

Dual Sovereignty In Europe?: A Critique Of Habermas's Defense Of The Nation-State, Vlad F. Perju

Boston College Law School Faculty Papers

Jürgen Habermas’s influential account of the transnationalization of democracy is typically seen as a bold attempt to articulate the political-philosophical foundations of European integration. Habermas posits an identity split between individuals as citizens of their nation states and (the same) individuals as members of the future European Union. According to the dual sovereignty thesis, nation states and the EU are co-original and co-determinate.

I challenge this conception on two grounds. First, split identity is a source of fragmentation that subverts the transnationalization of democracy. It would be irrational for EU citizens to partake in a project that empowers states ...


Annals Of International Studies (Annales D'9tudes Internationales)., Josef Rohlik 2017 St. Louis University

Annals Of International Studies (Annales D'9tudes Internationales)., Josef Rohlik

Georgia Journal of International & Comparative Law

No abstract provided.


European Economic Community-Community Law-National Economic Measures-In The Economic Sectors Governed By A Common Market Organization, Especially When Such An Organization Rests On A Common Pricing System, The Member States May Not Intervene Unilaterally By Means Of Internal Provisions In The Process Of Price Formation Determined By The Common Organization, Harold L. Hooks Jr 2017 University of Georgia School of Law

European Economic Community-Community Law-National Economic Measures-In The Economic Sectors Governed By A Common Market Organization, Especially When Such An Organization Rests On A Common Pricing System, The Member States May Not Intervene Unilaterally By Means Of Internal Provisions In The Process Of Price Formation Determined By The Common Organization, Harold L. Hooks Jr

Georgia Journal of International & Comparative Law

No abstract provided.


European Economic Community-Free Movement Of Goods-Legislation Of A Member State, Reserving Certain Wine Appellations For Domestic Products Only, Has An Effect Equivalent To Prohibited Quantitative Restrictions If Such Appellations Do Not Describe Wine Products Which Possess Qualities And Characteristics Attributable To Their Geographic Origin, Julie M. Clifford 2017 University of Georgia School of Law

European Economic Community-Free Movement Of Goods-Legislation Of A Member State, Reserving Certain Wine Appellations For Domestic Products Only, Has An Effect Equivalent To Prohibited Quantitative Restrictions If Such Appellations Do Not Describe Wine Products Which Possess Qualities And Characteristics Attributable To Their Geographic Origin, Julie M. Clifford

Georgia Journal of International & Comparative Law

No abstract provided.


Conference Of Soviet And American Jurists On The Law Of The Sea And The Protection Of The Marine Environment, Milton Katz, Richard R. Baxter, O. V. Bogdanov, William E. Butler, Thomas M. Franck, Richard Frank, P. P. Gureev, John L. Hargrove, L. A. Ivanaschenko, Y. Kasmin, V. A. Kiselev, B. M. Klimenko, H. G. Knight, O. S. Kolbasov, A. L. Kolodkin, V. M. Koretsky, F. N. Kovalev, V. N. Kudrjavtsev, B. A. Kuvshinnikov, M. I. Lazarev, A. L. Makovsky, Charles W. Maynes, P. A. Moiseev, John N. Moore, A. P. Movchan, T. M. Starzhina, Robert E. Stein, Grigory I. Tunkin, E. T. Usenko, A. F. Vysotsky, A. K. Zhudro 2017 Harvard University

Conference Of Soviet And American Jurists On The Law Of The Sea And The Protection Of The Marine Environment, Milton Katz, Richard R. Baxter, O. V. Bogdanov, William E. Butler, Thomas M. Franck, Richard Frank, P. P. Gureev, John L. Hargrove, L. A. Ivanaschenko, Y. Kasmin, V. A. Kiselev, B. M. Klimenko, H. G. Knight, O. S. Kolbasov, A. L. Kolodkin, V. M. Koretsky, F. N. Kovalev, V. N. Kudrjavtsev, B. A. Kuvshinnikov, M. I. Lazarev, A. L. Makovsky, Charles W. Maynes, P. A. Moiseev, John N. Moore, A. P. Movchan, T. M. Starzhina, Robert E. Stein, Grigory I. Tunkin, E. T. Usenko, A. F. Vysotsky, A. K. Zhudro

Georgia Journal of International & Comparative Law

Included in the papers for the Conference of Soviet and American Jurists on the Law of the Sea and the Protection of the Marine Environment:

Introduction by Milton Katz and Richard R. Baxter, p. 1

Freedom of Scientific Research in the World Ocean by A.F. Vysotsky, p. 7

The International Law of Scientific Research in the Oceans by Richard R. Baxter, p. 27

Responsibility and Liability for Harm to the Marine Environment by Robert E. Stein, p. 41

Liability for Marine Environment Pollution Damage in Contemporary International Sea Law by A. L. Makovsky, p. 59

Protection of the Marine ...


The Karadžić Genocide Conviction: Inferences, Intent, And The Necessity To Redefine Genocide, Milena Sterio 2017 Cleveland-Marshall College of Law, Cleveland State University

The Karadžić Genocide Conviction: Inferences, Intent, And The Necessity To Redefine Genocide, Milena Sterio

Law Faculty Articles and Essays

This Article first discusses and analyzes the Genocide Convention and its strict definition of genocide and the "intent" requirement. It then focuses on the evolution of this definition in light of the recent Karadžić case. This Article demonstrates that in modern-day conflicts, the finding of genocidal intent may be an impossible task for the prosecution and that the ICTY Trial Chamber’s method of inferring intent based on knowledge and other indirect factors may be the only way that prosecutors will be able to obtain future genocide convictions. This Article then discusses a possible re-drafting and re-conceptualizing of the genocide ...


The French Veil Ban: A Transnational Legal Feminist Approach, Sital Kalantry 2017 Cornell University Law School

The French Veil Ban: A Transnational Legal Feminist Approach, Sital Kalantry

University of Baltimore Law Review

After the gruesome terrorist attack that killed eighty-four people in Nice, many beach towns in France began to ban Muslim women from wearing the “burkini” on beaches. The burkini, which was created by an Australian designer, is modest swimwear that covers the body and hair. The Nice attack occurred on the heels of a series of attacks in France. The timing of the French burkini ban suggests it was targeting Muslims due to the anger over the attacks. The argument that burkinis are not hygienic is a fig leaf for other more pernicious justifications. Others argue that religious garb generally ...


The Italian Enlightenment And The American Revolution: Cesare Beccaria's Forgotten Influence On American Law, John Bessler 2017 University of Baltimore School of Law

The Italian Enlightenment And The American Revolution: Cesare Beccaria's Forgotten Influence On American Law, John Bessler

All Faculty Scholarship

The influence of the Italian Enlightenment—the Illuminismo—on the American Revolution has long been neglected. While historians regularly acknowledge the influence of European thinkers such as William Blackstone, John Locke and Montesquieu, Cesare Beccaria’s contributions to the origins and development of American law have largely been forgotten by twenty-first century Americans. In fact, Beccaria’s book, Dei delitti e delle pene (1764), translated into English as On Crimes and Punishments (1767), significantly shaped the views of American revolutionaries and lawmakers. The first four U.S. Presidents—George Washington, John Adams, Thomas Jefferson and James Madison—were inspired by ...


Human Trafficking And Refugee Law, Vladislava Stoyanova 2016 Lund University

Human Trafficking And Refugee Law, Vladislava Stoyanova

Vladislava Stoyanova

No abstract provided.


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