Digital Commons Network^™

Transplanting The European Court Of Justice: The Experience Of The Andean Tribunal Of Justice, Laurence R. Helfer, Karen J. Alter, Osvaldo Saldias

Faculty Scholarship

Although there is an extensive literature on domestic legal transplants, far less is known about the transplantation of supranational judicial bodies. The Andean Tribunal of Justice (ATJ) is one of eleven copies of the European Court of Justice (ECJ), and the third most active international court. This article considers the origins and evolution of the ATJ as a transplanted judicial institution. It first reviews the literatures on legal transplants, neofunctionalist theory, and the spread of European ideas and institutions, explaining how the intersection of these literatures informs the study of supranational judicial transplants. The article next explains why the Andean …

Jailing The Johns: The Issue Of Demand In Sex Trafficking, Cheryl Page

Journal Publications

Slavery is an institution that many people believe no longer exists. Slavery has not ended and there are millions of innocent victims caught in this system. This is not the slavery that was fought over in the U.S. Civil War. This form of slavery is not very different from colonial slavery-innocent people caught and trapped in this web of sex for service. Today, this form of slavery is better known as human trafficking. This is a brutal, heinous, and damaging situation that many women and children find themselves in as unwilling participants.' Most victims have little to no hope of …

Overcoming Our Global Disability In The Workforce: Mediating The Dream, Elayne E. Greenberg

Faculty Publications

The unparalleled global support for the 2008 United Nations Convention on the Rights of Persons with Disabilities ("CRPD") highlights the global schism between the public extolling of human rights for individuals with disabilities and the private castigating of such individuals in their daily lives and in the workforce. The CRPD explicitly mandates that work is a right accorded to individuals with disabilities, and global employers are now being challenged to implement that right. Yet, in order to ensure meaningful, universal compliance with its directives, the CRPD imposes affirmative duties on Supporting States to develop a customized, workable plan that effectively …

Mission Impossible? International Law And The Changing Character Of War, John F. Murphy

International Law Studies

No abstract provided.

The Transnational Law Market, Regulatory Competition, And Transnational Corporations, Horst Eidenmuller

Indiana Journal of Global Legal Studies

In many regions of the world and across various fields, law has become a product. Individuals and companies seek attractive legal regulations, and countries advertise their legal wares globally as they compete for customers. Transnational corporations in particular are prominent actors in the emerging transnational law market. This article investigates the causes of this development and discusses these changes with respect to company law, contract law, the law of dispute resolution, and insolvency law. It assesses the market for legal rules and its practical consequences, and it provides legal policy recommendations for an efficient framework of the transnational law market. …

International And Regional Standards For Protecting Victims Of Domestic Violence, Andreea Vesa

American University Journal of Gender, Social Policy & the Law

No abstract provided.

European Food Law Update, Emilie H. Leibovitch

Journal of Food Law & Policy

This EU Food Law Update will focus on the developments that occurred since October 2010 in the areas of genetically modified organisms, novel foods, contaminants, food quality, and labeling.

Domestic Violence In The United States: A Preliminary Report Prepared For Rashida Manjoo, U.N. Special Rapporteur On Violence Against Women, Brenda V. Smith, Caroline Bettinger-Lopez, Farrah Elchahal, Miraisy Rodriguez, Monika Siwiec, Christina Brandt-Young, Kirsten Carlson, Gabrielle Davis, Margaret Drew, Rebecca Landy, Adam Dubin, Rachel Natelson, Sandra Park, Ana Romes, Jessica Rubenstein, Cynthia Soohoo, Cheryl Thomas, Sandra Jezierski, Casey R. Schultz

Research Reports & White Papers

Domestic violence is a distinctive and complex type of violence. The intimate relationship between the victim and the perpetrator is historically construed as private and therefore beyond the reach of law. The often hidden site of the violence buttresses this conceptualization. The victim is often financially dependent on her abuser, and other economic and familial factors complicate the victim’s response to abuse. Moreover, women who complain of domestic violence frequently face intimidation, retaliation, and stigmatization, and thus incidents of domestic violence are notoriously under-reported and under-prosecuted throughout the world, including the United States.

Any meaningful analysis of the nature and …

Re-Imagining The Wheel: Seeking A Feasible International Regime To Protect Indigenous Cultural Expressions Through Trademark Law, Jimmy Pak

Global Business & Development Law Journal

No abstract provided.

Better Late Than Never: A Critique Of The United States' Asylum Filing Deadline From International And Comparative Law Perspectives, Misha Seay

UC Law SF International Law Review

This note critiques the filing deadline for asylum applications in the United States by comparing it to relevant international standards and the practices of other countries. It first looks to international treaties governing asylum procedures and the obligations of the U.S. under international law. It then compares the asylum procedures of three countries that admit similarly large numbers of refugees - Canada, Australia, and the United Kingdom - and discusses the filing deadlines, if any, that they impose on asylum applications in their respective countries. Finally, this note examines the U.S.'s filing deadline for asylum applications (the one-year bar) and …

Panel 1: Promoting Safeguards Through Detention Visits, Ariela Peralta, Suzanne Jabbour, Brenda V. Smith, Alison A. Hillman De Velásquez, Claudio Grossman

Human Rights Brief

No abstract provided.

More Than Best Friends: Expansion Of Global Law Firms Into The Indian Legal Market, Chris Vena

Northwestern Journal of International Law & Business

Over the past half century, there has been an accelerating trend towards liberalization in the legal services industry. International free trade agreements have sought to promote open markets for legal services. The United States, United Kingdom, many European countries, Australia, Japan, Russia, China, and Singapore have all opened their legal markets to foreign law firms. India is something of an anomaly in this regard. Although it has one of the world's largest economies and has benefited greatly from liberalization in many industries, India's legal industry remains closed. Competition for foreign capital with other developing nations, particularly China, makes this an …

Can The Enlarged European Union Continue To Be That United, Giorgio Maganza

Fordham International Law Journal

Although a tribute to Jean-Claude Piris could easily stretch through the whole spectrum of European Union law-which broadened in part thanks to his active contribution over the twenty-year term when he served as Legal Adviser to the Council of the European Union, the European Council, and several intergovernmental conferences for the reform of the treaties-it is appropriate to devote the following lines to the theme of institutional strengthening, which always attracted his consideration and thinking and to which he contributed some illuminating and forward-looking writings; and it is tempting to do so in the light of a specific feature that …

The European Union And The Treaty Of Lisbon, Roger J. Goebel

Fordham International Law Journal

With this cursory description of the European Council prior to the Treaty of Lisbon, this Essay turns to the major changes produced by that treaty. Space considerations require a limited focus. Part I discusses the impact of the European Council's new status as one of the institutions of the European Union ("EU"). Part II considers its designated power to take by qualified majority vote many important legally-binding decisions. Part III reviews two of its major roles: deciding when the Treaties should be amended and setting the procedure for amendment, and determining the timing and terms of accession of candidate nations. …

Cartels In The European Union: Procedural Fairness For Defendants And Claimants, David Anderson, Rachel Cuff

Fordham International Law Journal

This Essay will explore the issues and concerns from both the defendant and plaintiff angle, and from the micro to the macro level. Above all, it hopes to suggest ways in which the EU systems might be improved to increase fairness and access to justice for both sides. The first three Parts of this Essay consider the issues from the point of view of defendants in cartel investigations. Part I looks at concerns regarding the procedural detail of the investigative process, and in particular the increasing impact of human rights arguments. Part II steps back to focus on more over-arching …

The Contradictory Overlapping Of National, Eu, Bilateral, And The Multilateral Rules On Foreign Direct Investment: Who Is Guilty Of Such A Mess, Ramon Torrent

Fordham International Law Journal

This intends to be a very empirical Essay. It lets the facts (legal facts, but facts nevertheless) speak for themselves. Part I of this Essay first examines the not granting of national treatment by European Union ("EU")-and EU Member States'-law to companies controlled by third-country nationals or other companies. Part II shows that bilateral investment treaties ("BITs") concluded by EU Member States do grant such national treatment horizontally and without any sectorial exception (contrary to US BITs that do include a list of exceptions, as shown in Part III). Part IV explains why BITs (not only EU Member States' BITs, …

International Legal Updates, Aimee Mayer, Jessica Lynd, Shubra Ohri, Catherine Davies, Molly Hofsommer, Misty Seemans, Leah Chavla, Kaitlin Brush

Human Rights Brief

No abstract provided.

Access To Justice: The Use Of International Law Clinics To Advance The Case For Vulnerable Members Of Society, Yvonne Dausab

Maryland Journal of International Law

No abstract provided.

From Pedagogy To Partnership: Leveraging The Law Clinic To Institutionalize Cutting Edge Strategies In Transactional Labor Advocacy, Rachel Micah-Jones

Maryland Journal of International Law

No abstract provided.

Experimenting With Clinical Legal Education To Address The Disconnect Between The Larger Promise Of Law And Its Grassroots Reality In India, Ajay Pandey

Maryland Journal of International Law

No abstract provided.

Global Clinical Legal Education And International Partnerships: A Chinese Legal Educator's Perspective, Yanmin Cai

Maryland Journal of International Law

No abstract provided.

Re-Imagining The Human Rights Law Clinic, Arturo J. Carillo, Nicolás Espejo Yaksic

Maryland Journal of International Law

No abstract provided.

Uk V. Eu: A Continuous Test Match, Julian J.E. Schutte

Fordham International Law Journal

This Essay seeks to expose the complexity of the relationship between the United Kingdom (and Ireland, but the main focus will be the UK) and the European Union that resulted from the concessions made to the UK when the treaties of Amsterdam and Lisbon were negotiated: a right not to participate in the adoption and application of EU legislative measures in the field of Justice and Home Affairs ("JHA"), and the right to decide on a case-by-case basis to opt into such measures, following procedures reminiscent of the sophisticated rules of cricket. These concessions were made to allow the UK …

Law On The Books Vs. Law In Action: Under-Enforcement Of Morocco’S Reformed 2004 Family Law, The Moudawana, Ann M. Eisenberg

Faculty Publications

Morocco shares cultural, religious, and linguistic roots with more conservative countries in the region, yet the Moroccan government has interpreted similar traditions to yield the starkly different stance that gender equality is desirable. Morocco’s Moudawana, the 2004 legislation on family law with provisions largely derived from Islamic sources, confers unprecedented rights on Moroccan women. Part I of this Note evaluates the Moudawana in light of its break with traditional Shari’a, alongside its fidelity to other Islamic law principles in giving Moroccan women unprecedented rights. While the new Moudawana has provisions addressing inheritance, children’s rights, and assets within a marriage, this …

A Research Agenda For International Law Librarianship, Barbara H. Garavaglia

Book Chapters

The goal of the Research Agenda for International Law Librarianship is to suggest research priorities for law librarians around the world. It is hoped that the Agenda, created by the Board of the International Association of Law Libraries (IALL) will inspire creative thinking and stimulate research, publication and educational programmes by law librarians and legal information professionals on the most important topics, issues, trends and developments in the field.

Federalism And U.S. Participation In Intergovernmental Efforts To Unify Private Law, Peter H. Pfund

Villanova Law Review (1956 - )

The article discusses federalism and the participation of the U.S. in the intergovernmental private law unification process as of July 2011, focusing on the Hague Conference on Private International Law, the role of the U.S. State Department in facilitating changes to state laws in the U.S., and the view of the U.S. towards private international law (PIL) conventions. The United Nations (UN) Commission on International Trade Law (UNCITRAL) is also mentioned.

Nearshore Alternative: Latin America's Potential In The Offshore Legal Process Outsourcing Marketplace, Kara D. Romagnino

University of Miami Inter-American Law Review

No abstract provided.

Transcript: Globalisation Of The Hague Children's Conventions With Emphasis On The Child Abduction Convention, William Duncan

Oklahoma Law Review

No abstract provided.

The Maria Da Penha Case And The Inter-American Commission On Human Rights: Contributions To The Debate On Domestic Violence Against Women In Brazil, Paula Spieler

Indiana Journal of Global Legal Studies

This article aims to demonstrate the contributions of the Maria da Penha case and the Inter-American Commission on Human Rights (IACHR) Report of 2001 to the debate on domestic violence against women in Brazil, with special emphasis to the adoption of the Maria da Penha Law. The IACHR was the first international human rights organ to bring to light the problem. Beside contributing to internal changes, this case has great relevance as it was the first one of domestic violence analyzed by the Inter-American Commission. It revealed the systematic pattern of violence against women in the country.

Human Rights and …

A Ten-Year Retrospective On The Law And The War On Terrorism: The Role Of Army Reserve Citizen-Lawyers, Gill P. Beck Maj. Gen.

Case Western Reserve Journal of International Law

No abstract provided.