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The Nafta Trucking Provisions And The Teamsters: Why They Need Each Other, Erica Richman

Northwestern Journal of International Law & Business

Part I of this comment lays out the basic structure of the Bush pilot program and outlines the general arguments anchoring the Teamsters' opposition. Part II discusses the history of NAFTA and the specific NAFTA trucking program, and charts the controversy surrounding the implementation of these provisions. Part III examines the current status of the NAFTA trucking debate and the Bush pilot program, and looks at the various legislative attacks on completing NAFTA implementation. Part IV offers an overview of the trucking industry's organized labor landscape in both the United States and in Mexico. Part V explores why the Teamsters …

Under U.S. And Other Common Law Traditions, What Conditions Have To Be Met For That To Take Place? How Can Assets Be Released And Generally For What Purposes? How And To What Extent And Under What Conditions Can Assets Be Unfrozen?, Saini Sudnagunta

War Crimes Memoranda

No abstract provided.

Public Spaces In Bogotá: An Introduction, Nancy Rhinehart

University of Miami Inter-American Law Review

No abstract provided.

From Baghdad To Bagram: The Length & Strength Of The Suspension Clause After Boumediene, Justin D. D'Aloia

Fordham International Law Journal

This is a predictive Note that will examine the doctrine relating to war-time detention and endeavor to decipher who currently maintains a right to challenge executive detention in the wake of Boumediene. This Note therefore does not centrally discuss the authority of the United States to detain wartime prisoners, what procedure is due to detainees, the wisdom of the Boumediene approach to constitutional domain, or any other related issues. Instead, this Note will attempt to define the outer contours of the Suspension Clause by looking through the Boumediene prism to determine who may presently invoke the protections of the Suspension …

A Larger War On Terror?, David Cole

Georgetown Law Faculty Publications and Other Works

No abstract provided.

State Regulation Of Sexuality In International Human Rights Law And Theory, Aaron Xavier Fellmeth

William & Mary Law Review

In Part I, this Article presents the first published, worldwide survey of international practice in interpreting and applying various international human rights norms to the issue of sexual freedom, with a special emphasis on the rights to privacy, family life, and freedom from arbitrary discrimination based on sexual orientation. Although progress toward general recognition of such rights by international authorities and states has been extremely rapid over a very short period, such recognition continues to vary geographically and according to the subject matter. For example, some rights, such as the right to consensual, adult, private intercourse have achieved more widespread …

Self-Incrimination In European Human Rights Law - A Pregnant Pragmatism?, Andrew Ashworth

Cardozo Law Review

No abstract provided.

"Go After The Women": Mothers Against Illegal Aliens' Campaign Against Mexican Immigrant Women And Their Children, Mary Romero

Indiana Law Journal

Symposium: Latinos and Latinas at the Epicenter of Contemporary Legal Discourses. Indiana University School of Law-Bloomington, March 2007.

A T-Shirt As A Security Threat: Where's The Right To Free Speech In The United States And Australia, Elizabeth A. Amandus

Connecticut Journal of International Law

This Note examines two incidents, one in the United States and one in Australia, where airline passengers were forced to change out of politically critical t-shirts in order to board their flights. Both passengers initially resisted, claiming a free speech right to wear their t-shirts. However, once it became clear that they would not be permitted to board their flights unless they changed their clothing, they relented and donned acceptable t-shirts. Both passengers complied with security measures, and neither passenger acted in a way that would threaten security. Rather, the passengers were told that the messages printed on their tshirts …

Habeas Corpus, Constructive Custody And The Future Of Federal Jurisdiction After Munaf, Karen Shafrir

University of Miami International and Comparative Law Review

In 2004-05, two American Citizens, Shaqir Omar and Mohamed Munaf were separately arrested in Iraq and placed in the Camp Cropper Military Facility, pending adjudication. Both prisoners filed writs of habeas corpus in the United States District Court for the District of Columbia. The primary issue that the lower courts grappled with was whether or not the courts had jurisdiction to hear the petitions. After various appeals, the United States Supreme Court concluded that the federal courts did have jurisdiction to entertain the habeas petitions but that the petitions would fail on the merits. This paper argues that the standard …

The International Review | 2008 Fall, Michael Rhee

The International Review Newsletter

Responding to rising food prices: The limits of international law

Avast! International law and piracy on the high seas

Upholding a safeguard in the “war on terror”: The right to challenge government detention

The Responsibility to Protect: A new approach in stopping mass atrocities

The North Atlantic Treaty Organization: Legal aspects of its evolving security mission

Fleeing from Iraq: How effective is the UN refugee convention?

Fighting Internet censorship through international trade

Lowering oil prices by suing OPEC?

Outsourcing reproduction to other nations?

Anti-anorexia law in France

Legal rights for apes in Spain

Foreign libel suits and the protection of …

Protection Of Attorney-Client Privilege In Europe, Prof. Taru Spronken, Jan Fermon

Penn State International Law Review (1982 - 2011)

No abstract provided.

Conditions On Entry Of Foreign-Flag Vessels Into Us Ports To Promote Maritime Security, William D. Baumgartner, John T. Oliver

International Law Studies

No abstract provided.

The "Exile" Of Malcolm Watson: Was This United States Citizen And Convicted Sexual Offender Really Expatriated To Canada?, N. Pieter M. O'Leary

University of Miami Inter-American Law Review

No abstract provided.

One Size Fits All? Ghanaian Perceptions Of Law Enforcement And The Importation Of American Community Policing, Angela West Crews, Gordon A. Crews, Kofi Boye-Doe

Criminal Justice Faculty Research

The purpose of this presentation was to introduce a research project that the authors have ongoing with the Ghana National Police Service (Accra, Ghana, Africa). This focus of this project is to assist the Ghanaian police in the development and implementation of a “community policing” program. In 2008, a new Director of Community Policing had been hired, although she expressed that she and the officers had absolutely no training or education in theories and practices related to community policing. This presentation showcased the authors’ initial efforts to help solve that problem. Three major aspects are covered in this presentation, 1) …

Presidential Authority And The War On Terror, Joseph W. Dellapenna

Working Paper Series

Immediately after the attacks on the United States of September 11, 2001, President George W. Bush claimed, among other powers, the power to launch preemptive wars on his own authority; the power to disregard the laws of war pertaining to occupied lands; the power to define the status and treatment of persons detained as “enemy combatants” in the war on terror; and the power to authorize the National Security Agency to undertake electronic surveillance in violation of the Foreign Intelligence Surveillance Act. With the exception of the power to launch a preemptive war on his own authority (for which he …

Methods Of International Human Rights Adjudication: Towards A More Structured Decision-Making Process For The European Court Of Human Rights, Stefan Sottiaux, Gerhard Van Der Schyff

UC Law SF International Law Review

An international tribunal such as the European Court of Human Rights is often lauded for its protection of human rights. Yet, there is room for improvement. The Court's adjudication style would benefit from more structured balancing of competing interests. Not only would greater structure serve to enhance the Court's efficiency and promote legal certainty, but it would also help to clarify the Court's subsidiary role in relation to national authorities when it comes to the protection of human rights. In bringing more structure to the Court's decision-making process, inspiration can be drawn from the debate regarding the balancing/categorization continuum to …

Of Prophets And Proselytes: Freedom Of Religion And The Conflict Of Rights In International Law, Peter G. Danchin

Faculty Scholarship

The case of proselytism presents a tangle of competing claims: on the one hand, the rights of proselytizers to free exercise of religion and freedom of speech; on the other hand, the rights of targets of proselytism to change their religion, peacefully to have or maintain a particular religious tradition, and to be free from injury to religious feelings. Clashes between these claims of right are today generating acute tensions in relations between States and peoples, a state of affairs starkly illustrated by the recent Danish cartoons controversy. Irrespective of their resolution in any particular domestic legal system, how should …

Suspect Symbols: Value Pluralism As A Theory Of Religious Freedom In International Law, Peter G. Danchin

Faculty Scholarship

The grounds upon which states may limit the freedom to manifest religion or belief are divisive questions in constitutional and international law. The focus of recent inquiry has been on laws which proscribe the wearing of religious symbols in certain aspects of the public sphere, and on the claims more generally to religious and cultural freedom of Muslim minorities in European nation-states. Stepping back from these debates, this Article aims at a more rigorous theoretical treatment of the subject. It asks whether there is a coherent notion of religious freedom in international legal theory and, if not, why not? In …

No End In Sight: The Effect Of The Boumediene Decision On Detainees Held By The United States At Guantanamo Bay, Cuba, Connie Kaplan

ILSA Journal of International & Comparative Law

Imagine that you are looking for a better life. You immigrate to a new country and fourteen years later you become a citizen.

Memorial Of The Respondent, Respondent

Canada-United States Law Journal

No abstract provided.

Different Routes To The Same Competitive Destination: Voip Regulation In The United States And Canada, Stephen Rodini

Canada-United States Law Journal

No abstract provided.

Why We Should Abandon The Balance Metaphor: A New Approach To Counterterrorism Policy, Stuart Macdonald

ILSA Journal of International & Comparative Law

One of the central objectives in counterterrorism policy is commonly said to be to balance the competing demands of security and liberty.

Less Privacy Please, We're British: Investigating Crime With Dna In The U.K. And The U.S., Duncan Carling

UC Law SF International Law Review

The United States and Great Britain are the world leaders in the use of DNA databases for criminal investigations, but the laws governing their use are evolving differently in each country. This note compares the American and British DNA database programs, and looks at two notable differences in practice: the collection of DNA samples from people who have been arrested but not convicted, and the technique of looking for an offender's relatives in the database. The note offers an explanation as to why the legislation is evolving differently, and argues that disparate cultural views on privacy are as much part …

Securing The Global City: Crime, Consulting, Risk, And Ratings In The Production Of Urban Space, Katharyne Mitchell, Katherine Beckett

Indiana Journal of Global Legal Studies

The last decade has witnessed the rise of private transnational institutions that increasingly influence the organization and management of urban space. Two institutions are especially powerful in this regard: bond-rating agencies and global security firms. Bolstered by a discourse of risk and the need to securitize cities, these institutions have garnered enormous amounts of power with respect to urban social and spatial control. They are implicated in the imprisonment and displacement of marginalized populations, the intensification of gentrification, and general shifts in municipal funding priorities. The authors illustrate these themes through a case study of New York City, followed by …

Pretrial And Preventative Detention Of Suspected Terrorists: Options And Constraints Under International Law, Douglass Cassel

Journal Articles

This article analyzes the grounds, procedures and conditions required by International Human Rights Law and International Humanitarian Law for pretrial detention of suspected terrorists for purposes of criminal law enforcement, and for their preventive detention for security and intelligence purposes. Recognizing the difficulties in securing sufficient admissible evidence to prosecute terrorists within the tight time limits imposed by international law, the Article nonetheless suggests that indefinite detention, solely or primarily for purposes of intelligence interrogation, is probably not lawful under U.S. or international law. Preventive detention for security purposes, on the other hand, is generally permitted by international law, provided …

The International Trend Toward Requiring Good Cause For Tenant Eviction: Dangerous Portents For The United States?, Andrea B. Carroll

Journal Articles

This article is a first step in an effort to critically examine the invasion of a rather dangerous European property law trend into American law. The view of the right to safe, adequate, and affordable housing as a fundamental right held by all mankind is quickly growing, with more than nine countries now recognizing it. The problem is that the recognition of this fundamental right begs the question of how it is to be assured. The method of assurance chosen by most jurisdictions recognizing a right to housing is a scheme of good cause eviction. Under such a regime, a …

Rights And The Hijâb: Rationality And Discourse In The Public Sphere, Howard Adelman

Human Rights & Human Welfare

The Rights of Others: Aliens, Residents, and Citizens by Seyla Benhabib. Cambridge, UK: Cambridge University Press, 2004. 251 pp.

and

Why the French Don’t Like Headscarves: Islam, the State, and Public Space by John R. Bowen. Princeton: Princeton University Press, 2006. 290 pp.

and

Muslim Girls and the Other France: Race, Identity Politics & Social Exclusion by Trica Danielle Keaton. Bloomington: Indiana University Press, 2006. 223 pp.

and

Human Rights and Religion: The Islamic Headscarf Debate in Europe by Dominic McGoldrick. Portland, Oregon: Hart Publishing, 2006. 320 pp.

How To Justify An Emergency Regime And Preserve Civil Liberties In Times Of Terrorism, Emmanuel Gross

South Carolina Journal of International Law and Business

No abstract provided.

Data Protection Conflicts Between The United States And The European Union In The War On Terror: Lessons Learned From The Existing System Of Financial Information Exchange, Matthew R. Vanwasshnova

Case Western Reserve Journal of International Law

No abstract provided.