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Introduction: A Tribute To Jean-Claude Piris, Director-General Of The Legal Service Of The Council Of The European Union, Roger J. Goebel Jan 2011

Introduction: A Tribute To Jean-Claude Piris, Director-General Of The Legal Service Of The Council Of The European Union, Roger J. Goebel

Fordham International Law Journal

On the occasion of his retirement, the Fordham International Law Journal is dedicating this issue on topics concerning European Union law to Jean-Claude Piris, who brilliantly served as Director-General of the Legal Service of the Council for the last twenty-three years. The Legal Service, currently composed of around 120 lawyers, not only provides legal advice to the Council itself and all of its supporting committees and staff, but also reviews all draft legislation and other legal acts of the European Union and represents the Council in proceedings before the Court of Justice of the European Union.


The Treaty Of Lisbon: A Story In History Or The Making Of A Treaty, Therese Blanchet Jan 2011

The Treaty Of Lisbon: A Story In History Or The Making Of A Treaty, Therese Blanchet

Fordham International Law Journal

And like all stories there are of course the main characters, the public heroes, and, around them, those who help them find a happy ending. The story in this Essay is written in honor of one of the characters who played a key role in achieving the Treaty of Lisbon: Jean-Claude Piris, who was for more than twenty two years, Director General of the Legal Service of the Council of the EU. But to understand this story, to understand the reasons behind it, one should know its roots.


Remarks On The Arab Spring Symposium, Richard J. Wilson Jan 2011

Remarks On The Arab Spring Symposium, Richard J. Wilson

Scholarly Articles in Law Reviews & Journals

No abstract provided.


The European Union After Lisbon: Is The Ugly Duckling A Swan Yet, James D. Dinnage Jan 2011

The European Union After Lisbon: Is The Ugly Duckling A Swan Yet, James D. Dinnage

Villanova Law Review (1956 - )

An essay is presented on the political and social conditions in the European Union (EU) as of July 2011, focusing on the impact felt by the EU from the 2007 signing of the Treaty of Lisbon which amends the Treaty of Maastricht. A historical overview of the EU is presented, as well as information on the requirement that the EU countries abide by the terms of the European Convention on Human Rights.


Twenty Years Of Critical Race Theory: Looking Back To Move Forward, Kimberlé W. Crenshaw Jan 2011

Twenty Years Of Critical Race Theory: Looking Back To Move Forward, Kimberlé W. Crenshaw

Faculty Scholarship

This Article revisits the history of Critical Race Theory (CRT) through a prism that highlights its historical articulation in light of the emergence of postracialism. The Article will explore two central inquiries. This first query attends to the specific contours of law as the site out of which CRT emerged. The Article hypothesizes that legal discourse presented a particularly legible template from which to demystify the role of reason and the rule of law in upholding the racial order. The second objective is to explore the contemporary significance of CRT's trajectory in light of today's "post-racial" milieu. The Article posits …


Defining International Law Librarianship In An Age Of Multiplicity, Knowledge, And Open Access To Law, Richard A. Danner Jan 2011

Defining International Law Librarianship In An Age Of Multiplicity, Knowledge, And Open Access To Law, Richard A. Danner

Faculty Scholarship

Many law librarians are experts in international law and legal research. The concept of ‘international law librarianship’, however, encompasses something more than a field of study in which a group of experts practise their profession. In the broader sense, the idea suggests a common calling, similar interests, and goals shared by librarians with a range of specialties beyond international law, working in all types of law libraries. What commonalities create and sustain the concept of international law librarianship? This paper suggests that they can be found in: law librarians’ common need to respond to the ‘multiplicity’ of information sources facing …


Obligation Ignored: Why International Law Requires The United States To Provide Adequate Civil Legal Aid, What The United States Is Doing Instead, And How Legal Empowerment Can Help, Zachary H. Zarnow Jan 2011

Obligation Ignored: Why International Law Requires The United States To Provide Adequate Civil Legal Aid, What The United States Is Doing Instead, And How Legal Empowerment Can Help, Zachary H. Zarnow

American University Journal of Gender, Social Policy & the Law

No abstract provided.


The Occupation Of Iraq, Clyde J. Tate Ii Dec 2010

The Occupation Of Iraq, Clyde J. Tate Ii

International Law Studies

No abstract provided.


In Re Marriage Of King: Amicus Curiae Brief Of International Law Scholars In Support Of Appellant, Martha F. Davis, Raven Lidman Nov 2010

In Re Marriage Of King: Amicus Curiae Brief Of International Law Scholars In Support Of Appellant, Martha F. Davis, Raven Lidman

Seattle Journal for Social Justice

No abstract provided.


The Exclusionary Rule In Immigration Proceedings: Where It Was, Where It Is, Where It May Be Going, Irene Scharf Oct 2010

The Exclusionary Rule In Immigration Proceedings: Where It Was, Where It Is, Where It May Be Going, Irene Scharf

San Diego International Law Journal

The piece examines the treatment of the Fourth Amendment in immigration courts by surveying its jurisprudential history in those courts and then analyzes the judicial responses thereto. Disparities among circuit court rulings add to the confusion and unpredictability typical of Immigration Court decisions. Finally, the article discusses the difficulties raised by the divergent circuit court opinions and offers suggestions as to how we may resolve these difficulties in accordance with the Constitution's requirement of fair play.


Basic Indian Legal Literature For Foreign Legal Professionals, Uma Narayan Aug 2010

Basic Indian Legal Literature For Foreign Legal Professionals, Uma Narayan

International Journal of Legal Information

Among Asian Nations, India has become a major political, cultural and business hub. This situation has contributed to frequent interaction of foreign governments, foreign nationals and businesspersons with India and Indians. In order to make them aware of the Indian Legal System and Literatures - so that they act within scope of the system – I present here a brief article giving an introduction to Indian legal literature and legal sources.


Educating Lawyers For The Global Economy: National Challenges, Carole Silver Jan 2010

Educating Lawyers For The Global Economy: National Challenges, Carole Silver

Georgetown Law Faculty Publications and Other Works

This essay addresses the challenge of educating law students to work in an increasingly global context. For students enrolled in United States law school, insight into the ways in which globalization matters can be drawn from the structural approaches to globalization of US-based law firms. These firms pursue their international practices by integrating lawyers educated and licensed in the firm’s home country (the US) and in the host jurisdictions in which the firm has offices. As a result, the success of the firm in its international practice depends upon the ability of its lawyers to develop strong and effective cross-national …


Defending A Person Charged With Genocide, Anthony D'Amato Jan 2010

Defending A Person Charged With Genocide, Anthony D'Amato

Faculty Working Papers

I was asked to represent Dr. Milan Kovacevic who had been indicted by the International Criminal Tribunal for Yugoslavia ("ICTY") for complicity in genocide. Had he lived through it, his trial would have been the first by the ICTY for the crime of genocide. I would like to describe some of the tribulations of defending clients accused of grave humanitarian offenses in the ICTY.


Inaccessible Justice: Human Rights, Persons With Disabilities And The Legal System, Stephanie Ortoleva Jan 2010

Inaccessible Justice: Human Rights, Persons With Disabilities And The Legal System, Stephanie Ortoleva

ILSA Journal of International & Comparative Law

This paper focuses on the important concept of access to justice and what it means to persons with disabilities.


A Comment On Argentina's University Of Buenos Aires Law School (Facultad De Derecho De La Universidad De Buenos Aires), Monica Pinto, Alejandro Gomez Jan 2010

A Comment On Argentina's University Of Buenos Aires Law School (Facultad De Derecho De La Universidad De Buenos Aires), Monica Pinto, Alejandro Gomez

Penn State International Law Review (1982 - 2011)

No abstract provided.


Ten Years After The Palermo Protocol: Where Are Protections For Human Trafficking?, Kelly Hyland Heinrich Jan 2010

Ten Years After The Palermo Protocol: Where Are Protections For Human Trafficking?, Kelly Hyland Heinrich

Human Rights Brief

No abstract provided.


List Of Conference Speakers, List Of Speakers Jan 2010

List Of Conference Speakers, List Of Speakers

Canada-United States Law Journal

No abstract provided.


The Role Of A Law School Dean: Balancing A Variety Of Roles And Interests. The American University Washington College Of Law Experience, Claudio Grossman Jan 2010

The Role Of A Law School Dean: Balancing A Variety Of Roles And Interests. The American University Washington College Of Law Experience, Claudio Grossman

Penn State International Law Review (1982 - 2011)

No abstract provided.


Comparison Between Chinese And American Lawyers: Educated And Admitted To Practice Differently In Different Legal Systems, Jie Gao Jan 2010

Comparison Between Chinese And American Lawyers: Educated And Admitted To Practice Differently In Different Legal Systems, Jie Gao

Penn State International Law Review (1982 - 2011)

No abstract provided.


Educating Lawyers For What? Reshaping The Idea Of Law School, Michael Coper Jan 2010

Educating Lawyers For What? Reshaping The Idea Of Law School, Michael Coper

Penn State International Law Review (1982 - 2011)

No abstract provided.


Recent French Legal Developments Concerning A War-Time Arrest And Imprisonment Case, Vivian Grosswald Curran Jan 2010

Recent French Legal Developments Concerning A War-Time Arrest And Imprisonment Case, Vivian Grosswald Curran

Maryland Journal of International Law

No abstract provided.


Teaching International Law: Lessons From Clinical Education: Introductory Remarks, Richard J. Wilson Jan 2010

Teaching International Law: Lessons From Clinical Education: Introductory Remarks, Richard J. Wilson

Scholarly Articles in Law Reviews & Journals

No abstract provided.


From Gats To Apec: The Impact Of Trade Agreements On Legal Services, Laurel Terry Jan 2010

From Gats To Apec: The Impact Of Trade Agreements On Legal Services, Laurel Terry

Faculty Scholarly Works

This article provides a comprehensive overview of the treatment of legal services in the United States' international trade agreements. Although many individuals are now familiar with the General Agreement on Trade in Services (GATS), far fewer realize that legal services are included in at least fifteen international trade agreements to which the United States is a party. This article begins by identifying those trade agreements and other developments including the 2009 Legal Services Initiative of the Asia Pacific Economic Cooperation (APEC). The article continues by explaining the structure of the GATS and comparing its provisions to the provisions found in …


Canada-United States Economic Competitiveness In A Period Of Financial Instability: A Common Cause Agenda, T. Bradbrooke Smith, Daniel Desjardins, Craig Reed, Jeff Weedman Jan 2010

Canada-United States Economic Competitiveness In A Period Of Financial Instability: A Common Cause Agenda, T. Bradbrooke Smith, Daniel Desjardins, Craig Reed, Jeff Weedman

Canada-United States Law Journal

No abstract provided.


The Future Of The Canada-United States Relationship - Innovation And Technology, Catherine A. Pawluch, Praveen Goyal, Catherine A. Pawluch, Bob William Jan 2010

The Future Of The Canada-United States Relationship - Innovation And Technology, Catherine A. Pawluch, Praveen Goyal, Catherine A. Pawluch, Bob William

Canada-United States Law Journal

No abstract provided.


The Role Of Physical Presence In The Taxation Of Cross-Border Personal Services, Michael S. Kirsch Jan 2010

The Role Of Physical Presence In The Taxation Of Cross-Border Personal Services, Michael S. Kirsch

Journal Articles

This Article addresses the role of physical presence in the taxation of cross-border personal services. For much of the last century, both U.S. internal law and bilateral treaties have used the service provider’s physical location as the touchstone for determining international taxing jurisdiction. Modern developments - in particular, the significant advances in global communication technology and the increasing mobility of individuals - raise important questions regarding the continued viability of this physical presence standard.

These modern developments have already facilitated the offshoring of numerous types of personal services, such as radiology, accounting, and legal services. As communication technology improves, the …


Human Rights And Humanitarian Law - Conflict Or Convergence, Christopher Greenwood Sir Jan 2010

Human Rights And Humanitarian Law - Conflict Or Convergence, Christopher Greenwood Sir

Case Western Reserve Journal of International Law

No abstract provided.


Unintended Consequences: Sarbanes-Oxley And Its Progeny, Robert E. Freer Jr., Raymond W. Burroughs Jan 2010

Unintended Consequences: Sarbanes-Oxley And Its Progeny, Robert E. Freer Jr., Raymond W. Burroughs

South Carolina Journal of International Law and Business

No abstract provided.


The Role Of A Law School Dean: Balancing A Variety Of Roles And Interests - The American University Washington College Of Law Experience, Claudio Grossman Jan 2010

The Role Of A Law School Dean: Balancing A Variety Of Roles And Interests - The American University Washington College Of Law Experience, Claudio Grossman

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Death Is Different And A Refugee’S Right To Counsel, John R. Mills, Kristen M. Echemendia, Stephen Yale-Loehr Oct 2009

Death Is Different And A Refugee’S Right To Counsel, John R. Mills, Kristen M. Echemendia, Stephen Yale-Loehr

Cornell International Law Journal

No abstract provided.