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Introduction Of Judicial Review In Italy-Transition From Decentralized To Centralized Review (1948-1956)-A Successful Transplant Case Study, Louis Del Duca Jan 2010

Introduction Of Judicial Review In Italy-Transition From Decentralized To Centralized Review (1948-1956)-A Successful Transplant Case Study, Louis Del Duca

Penn State International Law Review (1982 - 2011)

No abstract provided.


Are Hate Speech Provisions Anti-Democratic?: An International Perspective , Robin Edger Jan 2010

Are Hate Speech Provisions Anti-Democratic?: An International Perspective , Robin Edger

American University International Law Review

No abstract provided.


Freedom Of Expression And The Right To Reputation: Human Rights In Conflict, Stijn Smet Jan 2010

Freedom Of Expression And The Right To Reputation: Human Rights In Conflict, Stijn Smet

American University International Law Review

No abstract provided.


Welcome And Opening Of 2008 Annual Conference, Henry T. King Jr., Valerie Mccall Jan 2010

Welcome And Opening Of 2008 Annual Conference, Henry T. King Jr., Valerie Mccall

Canada-United States Law Journal

No abstract provided.


Moving People Across The Canada - United States Border: Legislative And Regulatory Developments In Immigration, The Western Hemisphere Travel Initiative, And Enhanced Drivers' License Programs, Catherine A. Pawluch, Praveen Goyal, Ken Oplinger Jan 2010

Moving People Across The Canada - United States Border: Legislative And Regulatory Developments In Immigration, The Western Hemisphere Travel Initiative, And Enhanced Drivers' License Programs, Catherine A. Pawluch, Praveen Goyal, Ken Oplinger

Canada-United States Law Journal

No abstract provided.


A Safe And Secure Canada - United States Border: Customs - Trade Partnership Against Terrorism (C-Tpat); Partners In Protection (Pip); Free And Secure Trade (Fast); E-Manifest (Ace/Aci); Trusted Traveler Programs (Nexus); And Integrated Border Enforcement, Birgit Matthiesen, Warren Coons, Todd C. Owen, Joy Aldous Jan 2010

A Safe And Secure Canada - United States Border: Customs - Trade Partnership Against Terrorism (C-Tpat); Partners In Protection (Pip); Free And Secure Trade (Fast); E-Manifest (Ace/Aci); Trusted Traveler Programs (Nexus); And Integrated Border Enforcement, Birgit Matthiesen, Warren Coons, Todd C. Owen, Joy Aldous

Canada-United States Law Journal

No abstract provided.


Doing Business Across The Canada-United States Border: Gateway Or Checkpoint, Ronald L. Rose, David Bradley, Jason Conley, Thomas Garlock Jan 2010

Doing Business Across The Canada-United States Border: Gateway Or Checkpoint, Ronald L. Rose, David Bradley, Jason Conley, Thomas Garlock

Canada-United States Law Journal

No abstract provided.


Undocumented Migrant Workers In A Fragmented International Order, Chantal Thomas Jan 2010

Undocumented Migrant Workers In A Fragmented International Order, Chantal Thomas

Maryland Journal of International Law

No abstract provided.


Introductory Note To The Supreme Court Of The United States: Noriega V. Pastrana, Kenneth Anderson Jan 2010

Introductory Note To The Supreme Court Of The United States: Noriega V. Pastrana, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

No abstract provided.


The Law At War: Counterinsurgency Operations And The Use Of Indigenous Legal Institutions, Richard Morgan Jan 2010

The Law At War: Counterinsurgency Operations And The Use Of Indigenous Legal Institutions, Richard Morgan

UC Law SF International Law Review

Success in counterinsurgency campaigns requires the U.S. military to train, equip, and ultimately turn over responsibility for public safety to indigenous legal institutions. Doing so presents many challenges, as pragmatic concerns for operational security and use of intelligence as legal evidence must be reconciled with cultural differences and the weakness of indigenous legal institutions. This article argues, however, that such participation may be required under international law. Further, participation may help to legitimize counterinsurgency goals in the eyes of the local populace, and bring additional resources to military efforts. In order to realize such benefits, this article argues that military …


Dispute Regarding Navigational And Related Rights (Costa Rica V. Nicaragua), Coalter G. Lathrop Jan 2010

Dispute Regarding Navigational And Related Rights (Costa Rica V. Nicaragua), Coalter G. Lathrop

Faculty Scholarship

No abstract provided.


Vietnam's Eligibility To Receive Trade Benefits Under The U.S. Generalized System Of Preferences, Alexander H. Tuzin Jan 2010

Vietnam's Eligibility To Receive Trade Benefits Under The U.S. Generalized System Of Preferences, Alexander H. Tuzin

Loyola University Chicago International Law Review

No abstract provided.


Tainted Milk: What Kind Of Justice For Victims' Families In China, Yungsuk Karen Yoo Jan 2010

Tainted Milk: What Kind Of Justice For Victims' Families In China, Yungsuk Karen Yoo

UC Law SF International Law Review

The Chinese government's reaction to the fallout from the 2008-2009 tainted milk scandal paints a vivid picture of modem Chinese legal culture and the development of the rule of law. Quick to institute criminal prosecutions but barring affected families from bringing civil suits, the government continues to maintain a firm grip on the courts, preferring to resolve disputes through mediation and settlement. Meanwhile, the Sanlu case marks a turning point in dispute resolution in China, testing the limits of access to justice for private litigants who bring tort law claims in Chinese courts. As China becomes a major global economic …


Leveraging Asylum, James C. Hathaway Jan 2010

Leveraging Asylum, James C. Hathaway

Articles

I believe that the analysis underlying the leveraged right to asylum is conceptually flawed. As I will show, there is no duty of non-refoulement that binds all states as a matter of customary international law and it is not the case that all persons entitled to claim protection against refoulement of some kind are ipso facto entitled to refugee rights. These claims are unsound precisely because the critical bedrock of a real international legal obligation-namely, the consent of states evinced by either formal commitments or legally relevant actions -does not yet exist.


Undocumented Migrant Workers In A Fragmented International Order, Chantal Thomas Jan 2010

Undocumented Migrant Workers In A Fragmented International Order, Chantal Thomas

Cornell Law Faculty Publications

This Paper tries to show the effects of a central challenge of contemporary global governance: the "interaction between normative orders that are fundamentally different in their underlying conceptual structure." The argument is that the dynamics of globalization create and accentuate particular social phenomena as well as efforts towards coordinated regulation of these phenomena, but that the latter are far from sufficient to meet the former. A further assertion is that global relations and distributions of power determine the operation of this fragmented framework. Social vulnerability is reflected in and reinforced by it. As such, the undocumented migrant worker challenges, in …


Cctv And The 2010 Vancouver Games: Spatial Tactics And Political Strategies, Micheal Vonn Jan 2010

Cctv And The 2010 Vancouver Games: Spatial Tactics And Political Strategies, Micheal Vonn

Case Western Reserve Journal of International Law

No abstract provided.


Free Speech, Terrorism, And European Security: Defining And Defending The Political Community, Shawn Marie Boyne Jan 2010

Free Speech, Terrorism, And European Security: Defining And Defending The Political Community, Shawn Marie Boyne

Pace Law Review

No abstract provided.


Thinly Veiled: Institutional Messages In The Language Of Secularism In Public Schools In France And The United States, R. Vance Eaton Jan 2010

Thinly Veiled: Institutional Messages In The Language Of Secularism In Public Schools In France And The United States, R. Vance Eaton

South Carolina Journal of International Law and Business

No abstract provided.


Eagle Versus Phoenix: A Tale Of Federalism, Samuel L. Johnson Jan 2010

Eagle Versus Phoenix: A Tale Of Federalism, Samuel L. Johnson

South Carolina Journal of International Law and Business

No abstract provided.


Negotiating Implementation Of A Peace Agreement: Lessons Learned From Five Years At The Negotiating Table, Amos N. Guiora Jan 2010

Negotiating Implementation Of A Peace Agreement: Lessons Learned From Five Years At The Negotiating Table, Amos N. Guiora

Cardozo Journal of Conflict Resolution

For five years (1994-1999), I directly negotiated on-theground implementation of the Oslo Peace Process in the Gaza Strip. In my capacity as the Judge Advocate General's ("JAG") Corps Legal Advisor to the Israel Defense Forces ("IDF") Commander, Gaza Strip (1994-1997), I had primary responsibility for both interpretation and negotiation, first for the Gaza-Jericho Agreement and subsequently for the Interim Agreement as it applied to the Gaza Strip.


Minarets Vote Compromises Human Rights For Everyone, Anna Talbot Jan 2010

Minarets Vote Compromises Human Rights For Everyone, Anna Talbot

Human Rights & Human Welfare

Minarets, like church steeples, are a physical manifestation of religion. There is little doubt, then, that their recent banning in Switzerland following a referendum constitutes a breach of the right to freedom of religion, with respect to the right to manifest ones religion. This right is protected under a number of instruments, including the Universal Declaration of Human Rights (Article 18), the International Covenant on Civil and Political Rights (ICCPR) (Article 18), and the European Convention on Human Rights (Article 9). Under these instruments, the right to manifest ones religion can only be limited if such a limitation is necessary …


Comparative Perspectives On Specialized Trials For Terrorism, Sudha Setty Jan 2010

Comparative Perspectives On Specialized Trials For Terrorism, Sudha Setty

Faculty Scholarship

On the campaign trail in 2008, presidential candidate and then-Senator Barack Obama promised to restore America’s place in the world by breaking with many of the national security policies put into effect by President George W. Bush. In January 2009, President Obama made numerous changes to United States foreign policy, including signing an executive order to close the prison at Guantanamo Bay, Cuba and announcing that the United States would not engage in interrogation techniques that constitute torture. In some respects, however, Obama has followed the example of President Bush - for example, in his resuscitation of a specialized military …


Washington And Cctv: It's 2010, Not Nineteen Eighty-Four, Aileen B. Xenakis Jan 2010

Washington And Cctv: It's 2010, Not Nineteen Eighty-Four, Aileen B. Xenakis

Case Western Reserve Journal of International Law

No abstract provided.


Enhancing The Canada - United States Gateways And Corridors: East, West And Within, Chios Carmody, Sean O'Dell, David Oxner, Hugh Conroy Jan 2010

Enhancing The Canada - United States Gateways And Corridors: East, West And Within, Chios Carmody, Sean O'Dell, David Oxner, Hugh Conroy

Canada-United States Law Journal

No abstract provided.


International Legal Updates, Aimee Mayer, Jessica Lynd, Christopher Tansey, Molly Hofsommer, Misty Seemans, Kaitlin Brush, Leah Chavla Jan 2010

International Legal Updates, Aimee Mayer, Jessica Lynd, Christopher Tansey, Molly Hofsommer, Misty Seemans, Kaitlin Brush, Leah Chavla

Human Rights Brief

No abstract provided.


The Intersection Of Border Security And Free Trade Agreements, Maureen Irish, Greg Kanagelidis, David R. Hamill, Cyndee Todgham Cherniak Jan 2010

The Intersection Of Border Security And Free Trade Agreements, Maureen Irish, Greg Kanagelidis, David R. Hamill, Cyndee Todgham Cherniak

Canada-United States Law Journal

No abstract provided.


Singapore And The Universal Periodic Review: An Unprecedented Human Rights Assessment, Mahdev Mohan Jan 2010

Singapore And The Universal Periodic Review: An Unprecedented Human Rights Assessment, Mahdev Mohan

Research Collection Yong Pung How School Of Law

Singapore will soon submit a national report to and subsequently appear before the UN Human Rights Council for a universal periodic review of its human rights laws and practices. This review will elicit a rare and unprecedented expression of whether and how Singapore feels it has adhered to international human rights law, and ways in which it may further refine or calibrate its domestic practices. This article seeks to identify Singapore’s human rights achievements; highlight challenges it should be prepared to address; and recommend measures it should adopt to promote human rights.


Pluralism, Secularism And The European Court Of Human Rights, Zachary R. Calo Jan 2010

Pluralism, Secularism And The European Court Of Human Rights, Zachary R. Calo

Scholarly Works

Beginning with its seminal 1993 decision in Kokkinakis v. Greece, the European Court of Human Rights has defined religious pluralism as an essential good of the liberal democratic society. Yet, in subsequent decisions traversing a range of legal issues [e.g. Sahin, Dahlab, Bayatyan, and Lautsi], the Court has rendered decisions facially at odds with the goal of advancing religious pluralism. This paper is concerned with assessing the discontinuity between the Court’s high embrace of normative religious pluralism and its failure to consistently realize this ideal in practice.The paper argues that the Court has failed to consistently render decisions in accord …


Propaganda For War And Transparency, Richard B. Collins Jan 2010

Propaganda For War And Transparency, Richard B. Collins

Publications

No abstract provided.


Reconciling Policy And Equity: The Ability Of The Internal Revenue Code To Resolve Disputes Regarding Nazi-Looted Art, Joseph F. Sawka Oct 2009

Reconciling Policy And Equity: The Ability Of The Internal Revenue Code To Resolve Disputes Regarding Nazi-Looted Art, Joseph F. Sawka

University of Miami International and Comparative Law Review

No abstract provided.