The Challenges Of Isis And The Modern Nation-State, 2016 Union College - Schenectady, NY
The Challenges Of Isis And The Modern Nation-State, Matthew Burton
Honors Theses
This essay examines the challenges that the so-called Islamic State, or ISIS, pose to the contemporary state system. The rise of ISIS in the territories of Iraq and Syria raises two fundamental questions, one conceptual the other directly political: First, ISIS’s claim to be a state and world powers’ resistance to this claim raises the question of what constitutes a state in today’s international system. Second, as a unique form of political organization that has become successful in the Middle East in a relatively short time, ISIS raises a number of practical political questions such as, what it takes to …
The One Exhibition The Roots Of The Lgbt Equality Movement One Magazine & The First Gay Supreme Court Case In U.S. History 1943-1958, 2016 California State University - San Bernardino
The One Exhibition The Roots Of The Lgbt Equality Movement One Magazine & The First Gay Supreme Court Case In U.S. History 1943-1958, Joshua R. Edmundson
Electronic Theses, Projects, and Dissertations
The ONE Exhibition explores an era in American history marked by intense government sponsored anti-gay persecution and the genesis of the LGBT equality movement. The study begins during World War II, continues through the McCarthy era and the founding of the nation’s first gay magazine, and ends in 1958 with the first gay Supreme Court case in U.S. history.
Central to the story is ONE The Homosexual Magazine, and its founders, as they embarked on a quest for LGBT equality by establishing the first ongoing nationwide forum for gay people in the U.S., and challenged the government’s right to engage …
The Bounds Of Executive Discretion In The Regulatory State, 2016 University of Pennsylvania Carey Law School
The Bounds Of Executive Discretion In The Regulatory State, Cary Coglianese, Christopher S. Yoo
All Faculty Scholarship
What are the proper bounds of executive discretion in the regulatory state, especially over administrative decisions not to take enforcement actions? This question, which, just by asking it, would seem to cast into some doubt the seemingly absolute discretion the executive branch has until now been thought to possess, has become the focal point of the latest debate to emerge over the U.S. Constitution’s separation of powers. That ever‐growing, heated debate is what motivated more than two dozen distinguished scholars to gather for a two‐day conference held late last year at the University of Pennsylvania Law School, a conference organized …
Human Rights In North Korea - The Pump Don't Work Cause The Vandals Took The Handles, 2016 United States Military Academy
Human Rights In North Korea - The Pump Don't Work Cause The Vandals Took The Handles, Steven Gariepy
International Human Rights Law Journal
Many cynics of the universality of international human rights point to persistent large-scale human-rights abusing regimes, such as the Democratic Republic of North Korea, as proof that there is nothing at all universal about human rights. This essay is an attempt to root out the implications of internal national policies on the suitability of international human rights whilst reinforcing their universality. The author of this essay, a military lawyer, reaches the conclusion that the pump of universal human rights don't work within the North Korea cause the vandals took the handle.
A Proposed Enhancement To Un Treaty Enforcement: Regular Recommendations To Civil Society, 2016 DePaul University
A Proposed Enhancement To Un Treaty Enforcement: Regular Recommendations To Civil Society, Benjamin Bloomer
International Human Rights Law Journal
The UN treaty body system is an imperative component in the enforcement of international human rights law, but it currently does not have the mechanisms sufficient for the effective internalization of international human rights law standards. One of its current mechanisms, namely, concluding observations, are by their nature of being addressed to states insufficient to ensure enforcement in state parties not politically, economically, socially, or culturally inclined to obey the recommendations. This article proposes a new publication that will better foster communication between civil society organizations and treaty bodies, allowing for a more highly coordinated effort of civil society in …
Black Hole In The Rising Sun: Japan And The Hague Convention On Child Abduction, 2016 Keimyung University
Black Hole In The Rising Sun: Japan And The Hague Convention On Child Abduction, Paul Hanley
International Human Rights Law Journal
Japan has long been criticized for its failure to address the issue of international child abduction. In response to international pressure, Japan adopted the Hague Convention on the Civil Aspects of International Parental Abduction in April 2014. Despite its ratification of the treaty, great concern remains whether Japan is willing to comply with the legal obligations imposed by the Convention. This article examines Japan’s struggle with the issue of international child abduction, analyzing its traditional approach to family matters such as its “divorce by conference” system, which permits couples to negotiate issues of child custody and visitation without any judicial …
Defending A Mixed Economy, 2016 University of Pennsylvania Carey Law School
Defending A Mixed Economy, Herbert J. Hovenkamp
All Faculty Scholarship
This essay reviews Jacob S. Hacker's and Paul Pierson's very engaging book, American Amnesia: How the War on Government Led Us to Forget what Made America Prosper (2016).
State Succession - Convention On Status Of Refugees - Lesotho’S Use Of Nyerere Letter Recognized To Effect Accession To Multilateral Convention But Refugee Definition Precludes Applicability Of Convention, 2016 University of Georgia School of Law
State Succession - Convention On Status Of Refugees - Lesotho’S Use Of Nyerere Letter Recognized To Effect Accession To Multilateral Convention But Refugee Definition Precludes Applicability Of Convention, William A. Pierce, William W. Poole
Georgia Journal of International & Comparative Law
No abstract provided.
West Germany’S Eastern Policy: Legal Claims And Political Realities, 2016 University of Bonn
West Germany’S Eastern Policy: Legal Claims And Political Realities, Manfred Zuleeg
Georgia Journal of International & Comparative Law
No abstract provided.
Arms Control Provisions In The Outer Space Treaty: A Scrutinizing Reappraisal, 2016 University of Mississippi School of Law
Arms Control Provisions In The Outer Space Treaty: A Scrutinizing Reappraisal, Stephen Gorove
Georgia Journal of International & Comparative Law
No abstract provided.
Silence Gives Consent, 2016 International Court of Justice
Silence Gives Consent, Phillip C. Jessup
Georgia Journal of International & Comparative Law
No abstract provided.
Judicial Recusation In The Federal Republic Of Germany, 2016 University of Georgia School of Law
Judicial Recusation In The Federal Republic Of Germany, Sigmund A. Cohn
Georgia Journal of International & Comparative Law
No abstract provided.
The Priorities And Accomplishments Of Kentucky Legislators : Is There A Gender Difference?, 2016 University of Louisville
The Priorities And Accomplishments Of Kentucky Legislators : Is There A Gender Difference?, Amanda Allen
College of Arts & Sciences Senior Honors Theses
This thesis uses Kentucky as a case study of gender differences in the policy priorities and perceptions of accomplishments of state legislators. The research question is, “are there gender differences in the legislative priorities and perceptions of accomplishments of Kentucky legislators?” The legislative priorities of the legislators seemed to be similar, along with their own classification of women’s issues. The perceptions of success demonstrated that male legislators were not necessarily more likely to attribute success to themselves, whereas women would attribute success to collaboration efforts. The research was completed through confidential interviews with Kentucky legislators and analysis of the 2015 …
Globalization And Gender: Inequality Transformed In Spain, 2016 University of Richmond
Globalization And Gender: Inequality Transformed In Spain, Destiny Levere
Washington University Undergraduate Law Review
This article examines the extent to which the boom of globalization led to the transformation of gender inequality in Spain, based on three schools of thought: one, that globalization has transformed gender inequality in Spain for the better by creating equal opportunities, two, that globalization has caused a more stark contrast and practice of gender inequality in Spain, and three, that globalization has made no difference in Spain’s fight with gender inequality. In order to portray the three schools of thought, a comparison will be drawn between what gender roles and opportunities were given to men and women in Spain …
Heart Of Darkness: New Hampshire Campaign Finance Law Since Citizens United, 2016 Partner at Sulloway & Hollis, P.L.L.C., Concord, NH
Heart Of Darkness: New Hampshire Campaign Finance Law Since Citizens United, Jay Surdowski
The University of New Hampshire Law Review
[Excerpt] “Perhaps one of the greatest election law paradoxes in the United States is that New Hampshire—the First in the Nation Presidential Primary State—a State whose citizenry famously prides itself on political engagement—is also a State with some of the most complicated and sporadically enforced campaign finance laws in any jurisdiction. The post-Citizens United world, wherein vast quantities of unlimited and anonymous corporate and individual donations by some of the wealthiest citizens are freely flowing (so-called “Dark Money” because the identities of donors are shielded by law), has only exacerbated the loud creaks of the rickety campaign finance law firmament …
Filling Federal Court Vacancies In A Presidential Election Year, 2016 University of Richmond School of Law
Filling Federal Court Vacancies In A Presidential Election Year, Carl Tobias
University of Richmond Law Review
No abstract provided.
Equity And Feasibility Regulation, 2016 Southwestern Law School
Equity And Feasibility Regulation, Dov Waisman
University of Richmond Law Review
No abstract provided.
Filling Federal Court Vacancies In A Presidential Election Year, 2016 University of Richmond School of Law
Filling Federal Court Vacancies In A Presidential Election Year, Carl Tobias
University of Richmond Law Review
No abstract provided.
Beyond Citizens United, 2016 Tulane Law School
Beyond Citizens United, Nicholas Almendares, Catherine Hafer
Fordham Law Review
The doctrine announced in Citizens United rendered most efforts to regulate campaign financing unconstitutional. We argue, however, that the doctrine allows for a novel approach to the concerns inherent in campaign financing that does not directly infringe on political speech, because it operates later in the process, after the election. This approach allows us to address a broad range of these issues and to do so with legal tools that are readily available. We describe two applications of our approach in this Article. First, we argue that courts should use a modified rational basis review when a law implicates the …
Foreign Policy And The Government Legal Adviser, 2016 Foreign and Commonwealth Office
Foreign Policy And The Government Legal Adviser, Henry Darwin
Georgia Journal of International & Comparative Law
No abstract provided.