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25,006 full-text articles. Page 5 of 511.

Infant Inmates: An Analysis Of International Policy On Children Accompanying Parents To Prison, Emily Bauer 2019 Michigan State University College of Law

Infant Inmates: An Analysis Of International Policy On Children Accompanying Parents To Prison, Emily Bauer

Michigan State International Law Review

No abstract provided.


Raiders Of The Lost Art: How Economics And Amnesty Can Encourage The Return Of Stolen Art And Antiquities, Caitlin McBride 2019 Michigan State University College of Law

Raiders Of The Lost Art: How Economics And Amnesty Can Encourage The Return Of Stolen Art And Antiquities, Caitlin Mcbride

Michigan State International Law Review

No abstract provided.


Out Of The Shadows: Undocumented Children’S Access To Education In The United States And Germany, Jenna D. Tidwell 2019 Michigan State University College of Law

Out Of The Shadows: Undocumented Children’S Access To Education In The United States And Germany, Jenna D. Tidwell

Michigan State International Law Review

No abstract provided.


Data Exclusivities In The Age Of Big Data, Biologics, And Plurilaterals, Peter K. Yu 2019 Texas A&M University School of Law

Data Exclusivities In The Age Of Big Data, Biologics, And Plurilaterals, Peter K. Yu

Texas A&M Law Review

The past decade has seen many new developments impacting the intellectual property system. The introduction of big data analytics has transformed the fields of biotechnology and bioinformatics while ushering in major advances in drug development, clinical practices, and medical financing. The arrival of biologics and personalized medicines has also revolutionized the healthcare and pharmaceutical industries. In addition, the emergence of bilateral, regional, and plurilateral trade agreements have raised serious, and at times difficult, questions concerning the evolution of domestic and international intellectual property standards.

One topic linking all three developments together concerns the establishment of international standards to protect clinical ...


Contemporary Practice Of The United States Relating To International Law (113:1 Am J Int'l L), Jean Galbraith 2019 University of Pennsylvania Law School

Contemporary Practice Of The United States Relating To International Law (113:1 Am J Int'l L), Jean Galbraith

Faculty Scholarship at Penn Law

This article is reproduced with permission from the January 2019 issue of the American Journal of International Law © 2019 American Society of International Law. All rights reserved.


Falling Through The Gap: The Culpability Of Child Soldiers Under International Criminal Law, Ally McQueen 2019 Notre Dame Law School

Falling Through The Gap: The Culpability Of Child Soldiers Under International Criminal Law, Ally Mcqueen

Notre Dame Law Review Online

This Essay, in Part I, will begin with an overview of the use of child soldiers in armed conflicts around the world. Part II will explore provisions within the Geneva Conventions, the Convention on the Rights of the Child, and the Beijing Rules that are applicable to child soldiers and can shed some light on their culpability after an armed conflict. In Part III, this Essay will then discuss the varying degrees to which international criminal tribunals and the International Criminal Court have addressed the criminal responsibility of children for war crimes and crimes against humanity. Finally, Part IV will ...


Borders Rules, Beth A. Simmons 2019 University of Pennsylvania Law School

Borders Rules, Beth A. Simmons

Faculty Scholarship at Penn Law

International political borders have historically performed one overriding function: the delimitation of a state’s territorial jurisdiction, but today they are sites of intense security scrutiny and law enforcement. Traditionally they were created to secure peace through territorial independence of political units. Today borders face new pressures from heightened human mobility, economic interdependence (legal and illicit), and perceived challenges from a host of nonstate threats. Research has only begun to reveal what some of these changes mean for the governance of interstate borders. The problems surrounding international borders today go well-beyond traditional delineation and delimitation. These problems call for active ...


Bridging The Enforcement Gap? Evaluating The Inquiry Procedure Of The Cedaw Optional Protocol, Catherine O'Rourke 2019 Ulster University, Northern Ireland

Bridging The Enforcement Gap? Evaluating The Inquiry Procedure Of The Cedaw Optional Protocol, Catherine O'Rourke

American University Journal of Gender, Social Policy & the Law

Considerable optimism accompanied the adoption of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) Optional Protocol. However, one of the Optional Protocol’s two enforcement measures, the inquiry procedure, appeared to languish for fourteen years and has, to date, resulted in only four inquiry reports. The article evaluates the inquiry procedure, finding largely unmet expectations in addressing CEDAW’s structural weaknesses, countering the privileging of civil and political rights, and redressing state noncompliance with CEDAW, but significant potential nonetheless. The findings of this Article vindicate the enduring salience of foundational feminist critiques of human rights ...


The Failure Of Soft Law To Provide An Equitable Framework For Restitution Of Nazi-Looted Art, Michael J. Birnkrant 2019 Washington University School of Law

The Failure Of Soft Law To Provide An Equitable Framework For Restitution Of Nazi-Looted Art, Michael J. Birnkrant

Washington University Global Studies Law Review

It is estimated that over 20% of the art in Europe was looted by the Nazi regime during World War II. Many pieces were taken by force from Jewish art dealers, and much of the property taken during this period of Nazi spoliation was never returned. Heirs of looted art are still filing claims for restitution in various courts, but the current global patchwork of statutes of limitations and the availability of the “good faith purchaser defense” in many jurisdictions can render proceedings confusing and unjust.

This note explores the current state of the law regarding repatriation of Nazi-looted art ...


Human Rights In The Private Sphere: Corporations First, Eli Bukspan, Asa Kasher 2019 University of Pennsylvania Law School

Human Rights In The Private Sphere: Corporations First, Eli Bukspan, Asa Kasher

University of Pennsylvania Journal of International Law

No abstract provided.


Measuring Norms And Normative Contestation: The Case Of International Criminal Law, Beth A. Simmons, Hyeran Jo 2019 University of Pennsylvania Law School

Measuring Norms And Normative Contestation: The Case Of International Criminal Law, Beth A. Simmons, Hyeran Jo

Faculty Scholarship at Penn Law

One way to tell if an international norm is robust is to assess the breadth of its support from a wide variety of important actors. We argue that to assess norm robustness, we should look at the general beliefs, rhetorical support, and actions of both primary and secondary norm addressees (states and non-state actors) at various levels: international, regional, domestic and local. By way of example, we evaluate the robustness of international criminal law (ICL) norms by looking at the rhetoric and actions of a diverse set of international actors, including not only states and intergovernmental organizations but also ordinary ...


Global Economic Constitutionalism And The Future Of Global Trade, Ari Afilalo, Dennis Patterson 2019 University of Pennsylvania Law School

Global Economic Constitutionalism And The Future Of Global Trade, Ari Afilalo, Dennis Patterson

University of Pennsylvania Journal of International Law

No abstract provided.


Economic Statecraft And Investment Arbitration, Anatole Boute 2019 University of Pennsylvania Law School

Economic Statecraft And Investment Arbitration, Anatole Boute

University of Pennsylvania Journal of International Law

No abstract provided.


The “Fight Song” Of International Anti-Bribery Norms And Enforcement: The Oecd Convention Implementation’S Recent Triumphs And Tragedies, Heidi Frostestad Kuehl 2019 University of Pennsylvania Law School

The “Fight Song” Of International Anti-Bribery Norms And Enforcement: The Oecd Convention Implementation’S Recent Triumphs And Tragedies, Heidi Frostestad Kuehl

University of Pennsylvania Journal of International Law

No abstract provided.


Artistic Absolution: Can Cuba And The United States Cooperate In Restituting Castro’S Looted Art Collection?, Wendy Dickieson 2019 University of Pennsylvania Law School

Artistic Absolution: Can Cuba And The United States Cooperate In Restituting Castro’S Looted Art Collection?, Wendy Dickieson

University of Pennsylvania Journal of International Law

No abstract provided.


Do Self-Reporting Regimes Matter? Evidence From The Convention Against Torture, Beth A. Simmons, Cosette D. Creamer 2019 University of Pennsylvania

Do Self-Reporting Regimes Matter? Evidence From The Convention Against Torture, Beth A. Simmons, Cosette D. Creamer

Faculty Scholarship at Penn Law

International regulatory agreements depend largely on self-reporting for implementation, yet we know almost nothing about whether or how such mechanisms work. We theorize that self-reporting processes provide information for domestic constituencies, with the potential to create pressure for better compliance. Using original data on state reports submitted to the Committee Against Torture, we demonstrate the influence of this process on the pervasiveness of torture and inhumane treatment. We illustrate the power of self-reporting regimes to mobilize domestic politics through evidence of civil society participation in shadow reporting, media attention, and legislative activity around anti-torture law and practice. This is the ...


The International Tax Environment And Simplification Of South African Tax Legislation: A Double-Edged Sword, Jinyan Li, Teresa Pidduck 2019 Osgoode Hall Law School of York University

The International Tax Environment And Simplification Of South African Tax Legislation: A Double-Edged Sword, Jinyan Li, Teresa Pidduck

Articles & Book Chapters

In this paper, we examine the relationship between the international tax environment and legislative complexity in South Africa’s international tax system. We suggest that the international tax environment is a double-edged sword. It causes complexity in South Africa’s tax legislation as it largely responds to the needs of OECD countries and produces tax rules to deal with ‘sophisticated’ tax problems and taxpayers (such as multinational enterprises). When such rules are transplanted into South Africa, they are typically more complex than local rules dealing with local taxpayers. On the other hand, the international tax environment offers ideas for ‘scientific ...


Judicial Independence And Accountability: Withstanding Political Stress, Leah Wortham 2019 The Catholic University of America, Columbus School of Law

Judicial Independence And Accountability: Withstanding Political Stress, Leah Wortham

Scholarly Articles and Other Contributions

For democracy and the rule of law to function and flourish, important actors in the justice system need sufficient independence from politicians in power to act under rule of law rather than political pressure. The court system must offer a place where government action can be reviewed, challenged, and, when necessary, limited to protect constitutional and legal bounds, safeguard internationally-recognized human rights, and prevent departures from a fair and impartial system of law enforcement and dispute resolution. Courts also should offer a place where government officials can be held accountable. People within and outside a country need faith that court ...


Argh, No More Pirating America’S Booty: Improving Copyright Protections For American Creators In China, Johnathan Ling 2019 Fordham University, School of Law

Argh, No More Pirating America’S Booty: Improving Copyright Protections For American Creators In China, Johnathan Ling

Fordham Intellectual Property, Media and Entertainment Law Journal

The advent of the internet brought about revolutionary changes and challenges to the world. Internet piracy is one area which is presenting new challenges, particularly to copyright holders such as artists, filmmakers, and creators. China has been a hotbed of piracy and is home to the second highest number of file sharing infringers in the world. China has made strides to improve its copyright protection, such as implementing a copyright law in 1990, as well as joining the World Trade Organization and signing on to the Agreement on Trade-Related Aspects of Intellectual Property Rights, which specifies minimum levels of intellectual ...


New Punitive Damages In Mexican Law – Or The Chronicle Of A Failed Legal Transplant Foretold?, Edgardo Muñoz, Rodolfo Vázquez-Cabello 2019 University of California, Hastings College of the Law

New Punitive Damages In Mexican Law – Or The Chronicle Of A Failed Legal Transplant Foretold?, Edgardo Muñoz, Rodolfo Vázquez-Cabello

Hastings International and Comparative Law Review

In February 2014, the Supreme Court of Mexico, referring to some American cases and scholarly articles, held that punitive damages must be awarded to a tort plaintiff as part of the indemnity afforded by Mexican law under the head of moral damages (daños morales). Before this landmark decision, punitive damages were unknown to the Mexican legal system. The authors submit that the legal transplant carried out in Mexico has a few problems, which concern both the incorrect understanding of the adopted rule and the incompatibility of the host legal system. As a consequence, punitive damages, as they stand now in ...


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