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Post-Conflict Justice In Iraq, Zakia Afrin 2010 Golden Gate University School of Law

Post-Conflict Justice In Iraq, Zakia Afrin

Annual Survey of International & Comparative Law

In this article, I analyze the Transitional Authority's approach and initiative regarding post-conflict justice in Iraq. Describing the actions of the authority, I seek to answer three questions: first, did the statute of the special tribunal meet international standards? Second, did the trial of Saddam Hussein serve to satisfy the goals of post-conflict justice? Third, did the Transitional Authority's actions associated with reconstructing the justice system comply with its mandate under international law?


Asserting Permanent Sovereignty Over Ancestral Lands: The Bakweri Land Litigation Against Cameroon, Ndiva Kofele-Kale 2010 Golden Gate University School of Law

Asserting Permanent Sovereignty Over Ancestral Lands: The Bakweri Land Litigation Against Cameroon, Ndiva Kofele-Kale

Annual Survey of International & Comparative Law

The Article focuses on the recently concluded Bakweri land case against Cameroon in the African Human Rights Commission. The Article uses this litigation as the basis for a re-examination of a host of issues relating to the enforcement of human rights, especially land rights, in postcolonial countries making the slow transition from single-party authoritarian rule to multi-party democratic states. More importantly, it takes a fresh look at the exhaustion of local remedies rule. It asks the relatively simple question: whether an indigenous people seeking to reclaim and assert permanent sovereignty over ancestral lands, forcibly expropriated from them during the period ...


Comparing U.S. And E.U. Strategies Against Weapons Of Mass Destruction: Some Legal Consequences, Milagros Alvarez-Verdugo 2010 Golden Gate University School of Law

Comparing U.S. And E.U. Strategies Against Weapons Of Mass Destruction: Some Legal Consequences, Milagros Alvarez-Verdugo

Annual Survey of International & Comparative Law

International regulation and control of WMD is not a United States - European Union bilateral issue, but it appears on the political agenda of the transatlantic relation and agreements or disagreements between the two have international consequences. Agreements signal joint action by an important part of the international community and, often, can inspire or encourage universal commitments as well as other international actions. Disagreements, however, block such joint action and, sometimes, impede international measures of universal (or at least collective) scope. Within this context, the purpose of this article is to analyze how these two major international actors, the United States ...


The International Legal Standards Adopted To Stop The Participation Of Children In Armed Conflicts, Joseph N. Madubuike-Ekwe 2010 Golden Gate University School of Law

The International Legal Standards Adopted To Stop The Participation Of Children In Armed Conflicts, Joseph N. Madubuike-Ekwe

Annual Survey of International & Comparative Law

The aim of this paper is to discuss the participation of children in armed conflicts around the world and the various international legal standards adopted to stop it. The paper will first describe the factors that contribute to the involvement of children in armed conflicts. It will examine the relevant international armed conflict (humanitarian) laws and other legal standards governing the use of children in armed conflicts and their effectiveness. The paper will also discuss the United States position on the Global efforts to ban the use of children in armed conflicts. Finally, the paper will discuss the problems of ...


International Telecommunications Union And The Republic Of China (Taiwan): Prospects Of Taiwan's Participation, Chun Hung Lin 2010 Golden Gate University School of Law

International Telecommunications Union And The Republic Of China (Taiwan): Prospects Of Taiwan's Participation, Chun Hung Lin

Annual Survey of International & Comparative Law

The purposes of this article are to provide a general description of the most important telecommunication organization, the lTD, and from its missions and developments to discuss the possibility of Taiwan's accession into the lTD. At first, from the developmental history, organizational structure, operational procedures, and missions of the lTD, the article wants to describe which role the ITD plays in international telecommunication cooperation and to clarify why Taiwan should seek accession into this organization. Secondly, from the lTD's Constitution and Convention, as well as Taiwan's status in the international community, the article will debate the possibility ...


Promises Of Rewards In A Comparative Perspective, Pablo Lerner 2010 Golden Gate University School of Law

Promises Of Rewards In A Comparative Perspective, Pablo Lerner

Annual Survey of International & Comparative Law

I will deal with the different aspects of the promise of rewards, comparing the unilateral solution, inspired by the tradition in civil law countries, with the solution. in the common law jurisdictions, and I will try to show why in my opinion the unilateral approach prompts better and more coherent solutions. Against the background of the analysis of reward, we will have the opportunity to elaborate some ideas about the meaning of such basic concepts as contract, promise or bargain. Then I will try to distinguish between reward and other offers to the public, a distinction that is justified if ...


Non Liquet: From Modern Law To Roman Law, Alfredo Mordechai Rabello 2010 Golden Gate University School of Law

Non Liquet: From Modern Law To Roman Law, Alfredo Mordechai Rabello

Annual Survey of International & Comparative Law

An explanatory note on the structure and limits of the present essay may be useful. In studies which also have a historical character. it is customary to present the subject matter in chronological order, first outlining the more ancient legal system, following then as far as possible its evolutionary steps, finally to end with the analysis of existing legal systems. In this article, however, in order to place the reader in medias res he is presented with modern legal systems with which he is already familiar: in such systems it is practically inconceivable that the judge should refuse to give ...


On The Admissibility Of Group Rights, Luis Rodriguez-Abascal 2010 Golden Gate University School of Law

On The Admissibility Of Group Rights, Luis Rodriguez-Abascal

Annual Survey of International & Comparative Law

In this presentation I shall explore the question of whether or not it is defensible to grant legal group rights through international instruments and national legal systems. I shall proceed in the following way. First, I shall briefly examine the conceptual consistency between group rights and the framework of rights discourse, and I shall conclude that it is conceptually possible to include group rights in ordinary rights talk. Secondly, I shall explore what the basic requirements would be for the recognition of a group right. I shall suggest that the use of rights discourse bears a number of conceptual as ...


Alternative Dispute Resolution In The United States And Russia: A Comparative Evaluation, Elena Nosyreva 2010 Golden Gate University School of Law

Alternative Dispute Resolution In The United States And Russia: A Comparative Evaluation, Elena Nosyreva

Annual Survey of International & Comparative Law

Unlike the United States with its extensive experience in alternative dispute resolution, this institution is in its infancy in Russia. Russia is only now developing an interest in out-of-court methods of dispute resolution. With economic changes, the number of new legal disputes has increased significantly. Russian courts of general jurisdiction are overloaded by civil cases. Ordinary litigation has become too expensive for the majority of the Russian people. In such conditions Russian society needs less expensive, more flexible alternatives to litigation. The purpose of this paper is to compare the ADR experiences in the United States and the Russian Federation ...


The 1996 Brazilian Commercial Arbitration Law, Cristina Schwansee Romano 2010 Golden Gate University School of Law

The 1996 Brazilian Commercial Arbitration Law, Cristina Schwansee Romano

Annual Survey of International & Comparative Law

The author provides a systematic overview of recent legal developments that favor the use of international commercial arbitration in Brazil. This study provides an overview of the main aspects of the 1996 Brazilian Arbitration Law and the major innovations that it has introduced in Brazil.


The Right To Education In The United States: Beyond The Limits Of The Lore And Lure Of Law, Roger J.R. Levesque 2010 Golden Gate University School of Law

The Right To Education In The United States: Beyond The Limits Of The Lore And Lure Of Law, Roger J.R. Levesque

Annual Survey of International & Comparative Law

The author argues that U.S. as well as international law on educational rights needs to incorporate an important, but heretofore neglected, dimension. U.S. legislation and court decisions, as well as existing international instruments on educational rights focus chiefly on educational access and assign responsibility and authority over educational content and methods almost exclusively to the state and parents. The ideas, concerns and wishes of the young people being educated remain largely unacknowledged and disregarded. The author maintains that only to the extent our understanding of educational rights is rethought to include "youth's self-determination of education for citizenship ...


The United Nations Convention On The Rights Of The Child And United States Abortion Law, Sanford J. Fox 2010 Golden Gate University School of Law

The United Nations Convention On The Rights Of The Child And United States Abortion Law, Sanford J. Fox

Annual Survey of International & Comparative Law

The ratification of treaties governing human rights often raises the question of whether obligations imposed by the treaty are compatible with the existing domestic law of the ratifying state. One common way of resolving such conflicts is for the State to avoid undertaking the inconsistent legal obligation by qualifying its acceptance of the treaty with a reservation, even when domestic law already provides for resolving such conflicts. Another measure that may be adopted, particularly where the treaty provision at issue is cast in general terms, is for the ratifying state to include a Declaration or an Understanding (RUD) with its ...


Federal Practice And Procedure, Edward Willner, Edmund Scott, Susan J. Adler, Michael J. Walker 2010 Golden Gate University School of Law

Federal Practice And Procedure, Edward Willner, Edmund Scott, Susan J. Adler, Michael J. Walker

Golden Gate University Law Review

No abstract provided.


Book Review: Female Sexual Slavery, Hilde Hein 2010 Golden Gate University School of Law

Book Review: Female Sexual Slavery, Hilde Hein

Golden Gate University Law Review

No abstract provided.


The Role And Position Of Women In Law And Practice: Report From The International Association Of Democratic Lawyers, 2010 Golden Gate University School of Law

The Role And Position Of Women In Law And Practice: Report From The International Association Of Democratic Lawyers

Golden Gate University Law Review

No abstract provided.


Crestwood Lumber Company V. Citizens Savings & Loan Association: The Ursury Law And Liquidated Damages In The Sale Of Goods Transactions, Joseph M. Loomis 2010 Golden Gate University School of Law

Crestwood Lumber Company V. Citizens Savings & Loan Association: The Ursury Law And Liquidated Damages In The Sale Of Goods Transactions, Joseph M. Loomis

Golden Gate University Law Review

No abstract provided.


Museletter: August 2010, Suzanne Corriell 2010 University of Richmond

Museletter: August 2010, Suzanne Corriell

Museletter

This Issue:

Welcome New and Returning Students by Timothy L. Coggins

Law Library Policies

New Displays: Lawyers in Popular Culture by Heather Hamilton

Library Expands Exam Study Period 24-Hour Access by Gail Zwirner

Copies of Course Books Available on Reserve

Are You Ready for Some Football?!?


Child Labor In India, A Consumer’S Perspective: Identifying Causes, Acknowledging Realities, And Proposing Incentives For Improvement, Vanessa L. DeNiro Esq. 2010 California Western School of Law

Child Labor In India, A Consumer’S Perspective: Identifying Causes, Acknowledging Realities, And Proposing Incentives For Improvement, Vanessa L. Deniro Esq.

Vanessa L. De Niro

The exploitation of modern child labor in developing countries persists in part because of consumers like us. However, in light of increased global trade liberalization in developing countries and free market principles, cheap labor is what allows these nations to have a competitive edge in the global economy. With that said, a category of people that work longer hours for meager wages, absent unionization or labor protections, is an efficient means of production and justified by the economy of scales. Child laborers, exploited by employers competing in the global economy, are simply a product of laissez-fair economics, participating and contributing ...


Delimitación Téorica Del Delito Penal Fiscal, Bruno L. Costantini García 2010 ITESM Campus Puebla

Delimitación Téorica Del Delito Penal Fiscal, Bruno L. Costantini García

Bruno L. Costantini García

Anális de los elementos constitutivos del delito fiscal, la acción delictiva, los grados de ejecución, la consumación y los responsables.

Pretende distinguir el delito penal común del delito penal fiscal con base en sus elementos y pretende aportar una reflexión de la criminalización del delito fiscal en nuestros tiempos, usado por la Autoridad Hacendaria como un medio de represíón y de opresión de los derechos del contribuyente.


Richmond Law Magazine: Summer 2010, 2010 University of Richmond

Richmond Law Magazine: Summer 2010

Richmond Law Magazine

Features:

Veterans on a Mission

Healing in Rwanda

Equally Insured?

Driven to Serve


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