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What Investigative Resources Does The International Criminal Court Need To Succeed?: A Gravity-Based Approach, 16 Wash. U. Global Stud. L. Rev. 1 (2017), Stuart Ford 2017 John Marshall Law School

What Investigative Resources Does The International Criminal Court Need To Succeed?: A Gravity-Based Approach, 16 Wash. U. Global Stud. L. Rev. 1 (2017), Stuart Ford

Faculty Scholarship

There is an ongoing debate about what resources the International Criminal Court (ICC) needs to be successful. On one side of this debate are many of the Court’s largest funders, including France, Germany, Britain, Italy, and Japan. They have repeatedly opposed efforts to increase the Court’s resources even as its workload has increased dramatically in recent years. On the other side of the debate is the Court itself and many of the Court’s supporters within civil society. They have taken the position that it is underfunded and does not have sufficient resources to succeed. This debate has ...


Constructivism, Embedded Liberalism And Anti-Dumping Canadian Public Interest Query As Case Study Of Embedded Liberalism, Wissam Aoun 2017 Case Western Reserve University School of Law

Constructivism, Embedded Liberalism And Anti-Dumping Canadian Public Interest Query As Case Study Of Embedded Liberalism, Wissam Aoun

Canada-United States Law Journal

The majority of proposals for international anti-dumping reform focus almost entirely on the relevant economic factors - consumer welfare losses and gains. Therefore, almost all proposals come to the exact same conclusion; in light of the enormous welfare losses suffered by domestic consumers, international anti-dumping law should be repealed in its entirety, or at least replaced by some form of international competition law. However, this analysis views the issue of anti-dumping law through the constructivist lens, and more specifically, the embedded liberalism view of international trade law. From this perspective, economics alone does not grasp the constitutive realities at play in ...


Panel Remarks: Canada, United States And European Union -- Out Of Sync On Trade Agreements? Or Are We Sympatico?, Juscelino Colares 2017 Case Western Reserve University School of Law

Panel Remarks: Canada, United States And European Union -- Out Of Sync On Trade Agreements? Or Are We Sympatico?, Juscelino Colares

Canada-United States Law Journal

The article offers on panel discussion regarding the cooperation of the U.S. and Canada on free trade issues and trade agreements; the expiration of the Softwood Lumber Agreement (SLA); and the status of the Trans-Pacific Partnership (TPP) in the U.S. Congress. Topics discussed include impact of interest rates on investment and economic activity, balancing effect of greater capital inflows that comes with trade deficits and concerns over the investor-state dispute settlement.


Do Ontario School Boards Have Too Much Statutory Power? A Comparison Of Expropriation And Eminent Domain In Ontario And Michigan, Mario Marrell, Michael Valentin 2017 Case Western Reserve University School of Law

Do Ontario School Boards Have Too Much Statutory Power? A Comparison Of Expropriation And Eminent Domain In Ontario And Michigan, Mario Marrell, Michael Valentin

Canada-United States Law Journal

The authors discuss the comparative law of expropriation, particularly as exercised by school boards in Ontario and Michigan They suggest that the sweeping authority given to governments in Ontario to expropriate land should be reviewed and subjected to a stricter legal standard, possibly through a constitutionalization of a right to private property in Canada, In the United States, the Fifth Amendment protects an individual's right to private property and as such, the government must meet a much stricter standard before it lawfully takes an individual's land. Individuals in the United States who decide to litigate issues of expropriation ...


International Law In A Turbulent World, Lawrence L. Herman 2017 Case Western Reserve University School of Law

International Law In A Turbulent World, Lawrence L. Herman

Canada-United States Law Journal

10th Annual Canada-United States Law Institute Distinguished Lecture by the diplomatic officer at the Canadian Mission to the United Nations, on human rights, climate change and terrorism, and UNCLOS (Law of the Sea Convention)


African Judicial Review, The Use Of Comparative African Jurisprudence, And The Judicialization Of Politics, Joseph M. Isanga 2017 Concordia University School of Law

African Judicial Review, The Use Of Comparative African Jurisprudence, And The Judicialization Of Politics, Joseph M. Isanga

Faculty Scholarship

This Article examines African constitutional courts’ jurisprudence—that is, jurisprudence of courts that exercise judicial review—and demonstrates the increasing role of sub-Saharan Africa’s constitutional courts in the development of policy, a phenomenon commonly referred to as 'judicialization of politics' or a country’s 'judicialization project.' This Article explores the jurisprudence of constitutional courts in select African countries and specifically focuses on the promotion of democracy, respect for human rights, and the rule of law, and presupposes that although judges often take a positivist approach to adjudication, they do impact policy nevertheless.

The use of judicial review in Africa ...


Extraterritorial Constitutionalism: A Rule Proposed, 50 J. Marshall L. Rev. 787 (2017), Joseph Alfe 2017 John Marshall Law School

Extraterritorial Constitutionalism: A Rule Proposed, 50 J. Marshall L. Rev. 787 (2017), Joseph Alfe

The John Marshall Law Review

Does the Fourth Amendment apply in cases of cross-border shootings of foreign nationals, when those shots were fired by United States Border Patrol agents from American soil, striking a victim in Mexico? In oral argument, Petitioner failed to heed the trail of breadcrumbs strewn at his feet by inquisitive Supreme Court Justices. A workable, yet narrow rule that would plug the critically important gap in application of the United States Constitution to remedy such cross-border atrocities, was not articulated. I propose one here. The world’s busiest border is that which is shared between the United States and Mexico. Our ...


The Manufacturing And Trafficking Of Narcotics: An Overview Of Global Laws, 50 J. Marshall L. Rev. 813 (2017), Waseem Ahmad Qureshi 2017 John Marshall Law School

The Manufacturing And Trafficking Of Narcotics: An Overview Of Global Laws, 50 J. Marshall L. Rev. 813 (2017), Waseem Ahmad Qureshi

The John Marshall Law Review

This paper will focus mainly on the use, manufacturing, trafficking, and adverse effects of narcotic drugs. In addition, the major laws against the manufacturing, use, and trafficking of drugs will also be discussed, and the successes and hurdles in preventing the trafficking, use, and manufacturing of narcotic drugs will also be evaluated. Strictly curbing the manufacturing and trafficking of narcotic drugs can reduce the spread of this abhorrence in society.


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 ...


Putting The Substance Back Into The Economic Substance Doctrine, Nicholas Giordano 2017 Brooklyn Law School

Putting The Substance Back Into The Economic Substance Doctrine, Nicholas Giordano

Brooklyn Journal of Corporate, Financial & Commercial Law

The foreign tax credit, which saves U.S. taxpayers from paying both foreign and domestic income taxes on the same income, is critical to facilitating global commerce. However, as savvy taxpayers discover increasingly complicated ways to abuse the foreign tax credit regime through the structuring of business transactions, courts have become increasingly skeptical of the validity of those transactions. Using the economic substance doctrine, a common law doctrine codified in 2010 at I.R.C. § 7701(o), courts will disallow tax benefits stemming from a transaction that is not profitable absent its tax benefits, and which the taxpayer had no ...


The Ahistoricism Of Legal Pluralism In International Criminal Law, James G. Stewart, Asad Kiyani 2017 Allard School of Law at the University of British Columbia

The Ahistoricism Of Legal Pluralism In International Criminal Law, James G. Stewart, Asad Kiyani

Faculty Publications

International criminal law (“ICL”) is legally plural, not a single unified body of norms. As a whole, trials for international crimes involve a complex dance between international and domestic criminal law, the specificities of which vary markedly from one forum to the next. To date, many excellent scholars have suggested that the resulting doctrinal diversity in ICL should be tolerated and managed under the banner of Legal Pluralism. To our minds, these scholars omit a piece of the puzzle that has major implications for their theory – the law’s history. Neglecting the historical context of the international and national criminal ...


Finding The Balance Between Price And Protection: Establishing A Surface-To-Air Fire Risk-Reduction Training Policy For Air-Carrier Pilots, Earl W. Burress Jr., Ph.D. 2017 United States Air Force

Finding The Balance Between Price And Protection: Establishing A Surface-To-Air Fire Risk-Reduction Training Policy For Air-Carrier Pilots, Earl W. Burress Jr., Ph.D.

Journal of Aviation/Aerospace Education & Research

Currently, U.S. air carriers do not provide equipment or training necessary to mitigate the risk posed by surface-to-air fire (SAFIRE) threats. These threats consist of self-guided weapons (infrared shoulder-fired surface-to-air missiles), manually-aimed threats (small arms, recoilless grenade launchers, rockets, and light anti-aircraft artillery), and hand-held lasers. Technological solutions to counter infrared shoulder-fired missiles have been explored, but were rejected due to prohibitive equipment and maintenance costs. A lower cost option, providing air-carrier pilots with SAFIRE risk-reduction training, has not been formally addressed by the air-carrier industry or the U.S. federal government. This effort will use a business concept ...


Comparative Cannabis: Approaches To Marijuana Agriculture Regulation In The United States And Canada, Ryan Stoa 2017 Concordia Univeristy School of Law

Comparative Cannabis: Approaches To Marijuana Agriculture Regulation In The United States And Canada, Ryan Stoa

Faculty Scholarship

The United States and Canada may be friends and allies, but the two countries' approaches to the regulation of marijuana agriculture have not evolved in tandem. On the contrary, their respective paths toward legalization and regulation of marijuana agriculture are remarkably divergent. In the United States, where marijuana remains a federally prohibited and tightly-controlled substance, legalization and regulation have remained the province of state legislatures and their administrative agencies for decades. In Canada, a succession of court cases paving the way toward medicinal marijuana use has prompted the federal government to develop a national framework committed to "legalize, regulate, and ...


Joint Law-Business Case Study Competition Program, Canada-United States Institute 2017 Case Western Reserve University School of Law

Joint Law-Business Case Study Competition Program, Canada-United States Institute

Canada-United States Law Journal

The article offers information on the Joint Law-Business Case Study Competition organized by Canada-United States Law Institute (CUSLI) with a unique student competition experience that will allow for continued student exchange and participation. It mentions it is an interdisciplinary case study competition that will bring together students from graduate law and business faculties to jointly problem solve. It also mentions incorporation of elements of the law school Moot Court model..


The Approval Of Waukesha's Diversion Application Under The Great Lakes -St. Lawrence River Basin Water Resources Compact -- Bad Precedent For The Great Lakes, Adriana Forest 2017 Case Western Reserve University School of Law

The Approval Of Waukesha's Diversion Application Under The Great Lakes -St. Lawrence River Basin Water Resources Compact -- Bad Precedent For The Great Lakes, Adriana Forest

Canada-United States Law Journal

This article examines the application of Waukesha, Wisconsin in 2010 for an exception under the Great Lakes-St. Lawrence River Basin Water Resources Compact to divert water from Lake Michigan for its municipal water supply ... This article demonstrates that the approval of Waukesha's Diversion Application is of serious concern and sets a dangerous precedent for the Great Lakes and St. Lawrence River.


State Neutrality In Religious Affairs -- Civil Servants And Religious Dress, Simon Pelsmakher 2017 Case Western Reserve University School of Law

State Neutrality In Religious Affairs -- Civil Servants And Religious Dress, Simon Pelsmakher

Canada-United States Law Journal

This article examines the question of whether civil servants have the right to wear religious dress in Canada, the United States, and Europe.

It loos at different policies regarding the relationship between state neutrality and religious affairs, freedom of religion, and equality, and argues that civil servants should have the right to wear religious dress, without violating laws pertaining to neutrality.


Canada And United States: Campus Sexual Assault Law & Policy Comparative Analysis, Aliza Lopes-Baker, Mathew McDonald 2017 Case Western Reserve University School of Law

Canada And United States: Campus Sexual Assault Law & Policy Comparative Analysis, Aliza Lopes-Baker, Mathew Mcdonald

Canada-United States Law Journal

The article compares law and policy regarding the sexual assault in university campuses in Canada and the U.S., including campus policies which must identify the processes to be followed by administration when responding to, and addressing claims of, sexual assault or violence involving enrolled students, under federal laws, such as Title IX of the 1972 Education Amendments to the Higher Education Act of 1965.


Masthead, Volume 41 (2017) 2017 Case Western Reserve University School of Law

Masthead, Volume 41 (2017)

Canada-United States Law Journal

No abstract provided.


Volume 41 (2017), Canada-United States Law Journal 2017 Case Western Reserve University School of Law

Volume 41 (2017), Canada-United States Law Journal

Canada-United States Law Journal

No abstract provided.


Transnational Carbon Contracting: Why Law’S Invisibility Matters, Natasha Affolder 2017 Allard School of Law at the University of British Columbia

Transnational Carbon Contracting: Why Law’S Invisibility Matters, Natasha Affolder

Faculty Publications

Contract lawyers are well aware that it is in the boilerplate, in the creation of contractual norms, forms and defaults, that power gets divided and that winners and losers are made. This analysis applies to contractual governance just as it applies to the individual contract setting. This chapter draws on the example of forest carbon contracts to illustrate the 'behind the scenes' privileging of contractual forms, norms, and defaults in action. It argues that the reductionist vision of law emerging in the literature and practice of carbon contracting is both misleading and impoverished.


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