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Masthead, 2019 University of California, Hastings College of the Law

Masthead

Hastings International and Comparative Law Review

No abstract provided.


Planetary Defense: Near-Earth Objects, Nuclear Weapons, And International Law, James A. Green 2019 University of California, Hastings College of the Law

Planetary Defense: Near-Earth Objects, Nuclear Weapons, And International Law, James A. Green

Hastings International and Comparative Law Review

The risk of a large Near-Earth Object (NEO), such as an asteroid, colliding with the Earth is low, but the consequences of that risk manifesting could be catastrophic. Recent years have witnessed an unprecedented increase in global political will in relation to NEO preparedness, following the meteoroid impact in Chelyabinsk, Russia in 2013. There also has been an increased focus amongst states on the possibility of using nuclear detonation, in particular, as a means of diverting or destroying a collision-course NEO, something that a majority of scientific opinion now appears to view as representing humanity’s best—or perhaps only ...


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 ...


International Law And The Struggle Against Government Impunity In Africa, John Mukum Mbaku 2019 University of California, Hastings College of the Law

International Law And The Struggle Against Government Impunity In Africa, John Mukum Mbaku

Hastings International and Comparative Law Review

In recent years, impunity has become pervasive throughout most African countries. In some African countries, impunity is due to the inability of national governments to bring perpetrators of human rights violations to account for their crimes. In others, impunity arises from the unwillingness of government to utilize the existing legal system to bring criminals, whether they are state- or non-state actors, to justice. Effectively combatting impunity in Africa must begin with the reconstruction of African States to provide democratic institutions, which are capable of adequately constraining the government and preventing civil servants and political elites from acting with impunity; and ...


If International Law Is Not International, What Comes Next? On Anthea Roberts’ Is International Law International?, Rebecca Ingber 2019 Boston University School of Law

If International Law Is Not International, What Comes Next? On Anthea Roberts’ Is International Law International?, Rebecca Ingber

Faculty Scholarship

I am thrilled that the editors of the Boston University Law Review have chosen to review Anthea Roberts’ recent book, Is International Law International?, for their annual symposium. In order to answer the title’s question, Roberts develops a research project to scrutinize a world she knows well: the field of teaching international law, her colleagues, and their students. The result is a rigorous disaggregation of the multifarious ways that international law is taught across the globe, thus demonstrating the lack of universality in the study of international law.


Private International Law As An Ethic Of Responsivity, Ralf Michaels 2019 Duke Law School

Private International Law As An Ethic Of Responsivity, Ralf Michaels

Faculty Scholarship

The world is a mess. Populism, xenophobia, and islamophobia; misogyny and racism; the closing of borders against the neediest—the existential crisis of modernity calls for a firm response from ethics. Why, instead of engaging with these problems through traditional ethics, worry about private international law, that most technical of technical fields of law? My claim in this chapter: not despite, because of its technical character. Private international law provides such an ethic, an ethic of responsivity. It provides us with a technique of ethics, a technique that helps us conceptualise and address some of the most pressing issues of ...


Book (Oup) - Proportionality Balancing And Constitutional Governance - Chapter 6.Pdf, Alec Stone Sweet 2018 Yale Law School

Book (Oup) - Proportionality Balancing And Constitutional Governance - Chapter 6.Pdf, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.


Book (Oup) - Proportionality Balancing And Constitutional Governance - Chapter 2.Pdf, Alec Stone Sweet 2018 Yale Law School

Book (Oup) - Proportionality Balancing And Constitutional Governance - Chapter 2.Pdf, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.


Anti-Money Laundering (Aml) Legal Profession Related Resources (Updated March 2019), Laurel S. Terry 2018 Pennsylvania State University, Dickinson Law

Anti-Money Laundering (Aml) Legal Profession Related Resources (Updated March 2019), Laurel S. Terry

Laurel S. Terry

This document is a bibliography of resources related to anti-money laundering (AML) initiatives related to lawyers and the legal profession.  This document is an updated version of the document that originally was prepared for the panel on Lawyers and Anti-Money Laundering and Terrorist Finance Initiatives at the Nov. 2018, APRL/LSEW Conference entitled Crisscrossing the Pond: Transatlantic Issues in Legal Ethics and Law Firm Regulation.

This Resources document contains links to U.S., U.K, EU, Canadian, and Australian legal profession-AML resources, as well as links to FATF webpages and documents that include the FATF Mutual Evaluations page, the 2008 ...


Examples Of Regulatory Objectives For The Legal Profession (Updated March 2, 2019), Laurel S. Terry 2018 Pennsylvania State University, Dickinson Law

Examples Of Regulatory Objectives For The Legal Profession (Updated March 2, 2019), Laurel S. Terry

Laurel S. Terry

This short document contains several examples of regulatory objectives:

1) the regulatory objectives adopted by the Supreme Courts of Colorado, Illinois, and Washington;

2) the regulatory objectives adopted by the Nova Scotia Barristers' Society in 2014 and updated in 2016;

3) the regulatory objectives that Laurel Terry, Steve Mark, and Tahlia Gordon recommended in this lengthy 2012 article with many examples, which were summarized in this 9-page Terry article and these slides

4) the regulatory objectives the ABA adopted in February 2016; and

5) the regulatory objectives found in Section 1 of the UK's Legal Services Act 2007.

This ...


International Developments And Their Impact On U.S. Lawyer Regulation, Laurel S. Terry 2018 Pennsylvania State University, Dickinson Law

International Developments And Their Impact On U.S. Lawyer Regulation, Laurel S. Terry

Laurel S. Terry

This 8-page document was the CLE Handout for my Akron Law School Miller Becker Center for Professional Responsibility Lecture entitled "International Developments, International Developments, and their Impact on U.S. Legal Ethics and Lawyer Regulation."  It uses the "who-what-when-where-why-and-how" framework that Steve Mark, Tahlia Gordon and I used in our 2012 article entitled Trends and Challenges in Lawyer Regulation: The Impact of Globalization and Technology (and that I later used in ICLR, NOBC, and AALS handouts).  This updated version cites developments through March 2019.  Each of the “who-what-when-where-why-and-how” to regulate categories contains a section describing global developments, followed by one ...


Implementing A Portable Reciprocity Passport To Crowdfund Real Estate Across Borders, Raymond Tran 2018 Pepperdine University

Implementing A Portable Reciprocity Passport To Crowdfund Real Estate Across Borders, Raymond Tran

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


The Balkan Loophole: China's Potential Circumvention Of Eu Protectionism, Dimitrije Canic 2018 University of Miami Law School

The Balkan Loophole: China's Potential Circumvention Of Eu Protectionism, Dimitrije Canic

University of Miami Business Law Review

The global recession of 2008 appeared to end the honeymoon between globalization and the reduction of international trade barriers. This was especially visible in the European Union, which saw a surge of conservatism as European economies suffered. With the EU unable to assist its members, the countries turned to China for financial aid. In return, China saw this as its chance to enter the EU using the engine of its newly–formed superpower status–its economy. From loans and financial aid to foreign direct investments (FDI), China began to pour money into the EU market. The poorer EU members accepted ...


Domestic Law Creating International Regimes: How Legal Formalism Is Hobbling U.S. Foreign Policy, Christopher Mirasola 2018 University of Miami Law School

Domestic Law Creating International Regimes: How Legal Formalism Is Hobbling U.S. Foreign Policy, Christopher Mirasola

University of Miami International and Comparative Law Review

International law has always been contested. In recent years, however, competition between States to influence the trajectory of international law has intensified. Unfortunately, most international lawyers and policy makers still employ an impoverished understanding of the way in which international law is created (i.e., through formal international negotiations or as developed through custom). In this article, I argue that this formalist perspective neglects the foundational role of domestic lawmaking and regulation in the development of international law. Indeed, this paper shows that domestic action has historically been a direct causal antecedent to international legal regimes, and concludes that States ...


The Durand Line: Analysis Of The Legal Status Of The Disputed Afghanistan-Pakistan Frontier, Bijan Omrani 2018 University of Miami Law School

The Durand Line: Analysis Of The Legal Status Of The Disputed Afghanistan-Pakistan Frontier, Bijan Omrani

University of Miami International and Comparative Law Review

No abstract provided.


Crimes Against Humanity In Venezuela: Can The Icc Bring Justice To Venezuelan Victims?, Ayumary M. Fitzgerald 2018 University of Miami Law School

Crimes Against Humanity In Venezuela: Can The Icc Bring Justice To Venezuelan Victims?, Ayumary M. Fitzgerald

University of Miami International and Comparative Law Review

State parties to the Rome Statute submit to the jurisdiction of the International Criminal Court (ICC). This permanent and autonomous Court tries individuals for heinous international crimes, including crimes against humanity (CAH). Crimes such as murder, imprisonment, or torture, when committed as part of a widespread or systematic attack directed against a civilian population, with knowledge of the attack, are known as CAH. Under the Statute, national jurisdictions are primarily responsible for investigating and prosecuting those responsible for international crimes. So, before it can assert jurisdiction, the ICC must determine that a state party is unwilling or unable to prosecute ...


Enabling Retrospective Application Of The Denial Of Benefits Clause: An Analysis Of Decisions Of Tribunals Under The Energy Charter Treaty, Ramya Ramachanderan 2018 University of Miami Law School

Enabling Retrospective Application Of The Denial Of Benefits Clause: An Analysis Of Decisions Of Tribunals Under The Energy Charter Treaty, Ramya Ramachanderan

University of Miami International and Comparative Law Review

No abstract provided.


Tall Tales Of Danger And Security: How A Critical Human Security Approach Can Address Major Contradictions Revealed Through A Critical Narrative Analysis Of Dominant U.S. Security Strategies, Stephen Schneider 2018 The University of San Francisco

Tall Tales Of Danger And Security: How A Critical Human Security Approach Can Address Major Contradictions Revealed Through A Critical Narrative Analysis Of Dominant U.S. Security Strategies, Stephen Schneider

Master's Theses

Over many generations, humans have developed many perspectives and practices regarding the best ways to recognize and address what they perceive to be dangerous. Stories are used to help shape and narrate perceptions about the world, and they serve to pass on vital information that impacts how a society responds to threats and vulnerabilities. These narratives of danger and security are subjective to the experiences and political intentions of society, and therefore in many ways are partial and biased in their assessments and policies. This results in flawed security practices that may actually exacerbate threats or create new insecurities. What ...


Understanding The Attitude In Israel Towards The Application Of The Right Of Return For Palestinian Refugees, Wafaa Abuzayda 2018 The University of San Francisco

Understanding The Attitude In Israel Towards The Application Of The Right Of Return For Palestinian Refugees, Wafaa Abuzayda

Master's Theses

The Palestinian refugee crisis is considered one of the oldest, largest, and most complicated refugee issues in the world. Hundreds of thousands of Palestinians have been displaced as a result of the 1948 and 1967 wars between Israel and the Arab states. Before fleeing their homes, Palestinians were persecuted and intimidated by the Israeli army in 1947 and 1948, causing people to flee to different neighboring geographical areas such as the West Bank, Gaza Strip, Jordan, Lebanon and Syria. The UNRWA, a UN-associated entity, was established and began operations on May 1, 1950 to support relief efforts benefiting the estimated ...


Inside The Virtual Ambazonia: Separatism, Hate Speech , Disinformation And Diaspora In The Cameroonian Anglophone Crisis, Sombaye Eyango Jules Roger 2018 The University of San Francisco

Inside The Virtual Ambazonia: Separatism, Hate Speech , Disinformation And Diaspora In The Cameroonian Anglophone Crisis, Sombaye Eyango Jules Roger

Master's Theses

This study examines the dynamics of the anglophone separatist claims in Cameroon, the so-called “Anglophone Crisis”. I focus on explaining why the separatist claims reemerged in 2016 after being shut down for about 20 years. It explains how the Anglophone separatist revendications have sustained over time despite the extremely centralized power of the Paul Biya government.This paper first argues that the Anglophone Crisis is more than an identity struggle between Anglophone/Francophone Cameroonians, but rather a conflict about historical and institutional grievances, political competition, and regional politics involving the neighboring state of Nigeria.

Second, it verifies the hypothesis that ...


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