Digital Commons Network^™

Future Incorporation Of The U.N. Convention On The Rights Of Children Into The United States Education System: Case Study Of Ohio Department Of Education And Sex Education Battle, Alysson Russell

Brigham Young University Education and Law Journal

No abstract provided.

Starbucks And The New Federalism: The Court's Answer To Globalization, Robert Knowles

Law Faculty Publications

No abstract provided.

Recent Developments In Internation Law: Anti-Terrorism Legislation -- Part One: An Overview, Joshua D. Zelman

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Freedom Of Expression In The Inter-American System For The Protection Of Human Rights, Claudio Grossman

ILSA Journal of International & Comparative Law

Freedom of expression is one of democracy's fundamental values. Its importance takes on special connotations in nations where the separation of powers is fragile

South Africa's Water And Dam Safety Legislation: A Commentary And Analysis On The Impact Of The World Commission On Dams' Report, Dams And Development, Robyn Stein

American University International Law Review

No abstract provided.

Human Rights In Transition: The Success And Failure Of Polish And Russian Criminal Justice Reform, Shannon C. Krasnokutski

Case Western Reserve Journal of International Law

No abstract provided.

The Price Of Passion: The Banishment Of English Hooligans From Football Matches In Violation Of Fundamental Freedoms, Geoff Beckham

UC Law SF International Law Review

International football is the world's most popular team sport. As often as the global football community exults in worldwide camaraderie, its image is scarred by the inexplicably violent behavior of its supporters.

This Note examines English efforts to curb hooliganism through recently-enacted legislation. The anti-hooligan laws are analyzed in light of the protections guaranteed in the European Convention for the Protection of Human Rights and Fundamental Freedoms and the U.S. Constitution. This Note concludes that English hooligan laws violate Article 7 of the European Convention and the ex post facto clause of the U.S. Constitution.

Interpretation Of The Definition Of 'Refugee' Under Art. 1(A)(2) Of The Convention Relating To The Status Of Refugees, With A View To The Elaboration Of A Community Instrument To Guide The Application Of The Refugee Convention Pursuant To Art.63(1)(C) Of The Treaty Of The European Communities, James C. Hathaway

Other Publications

In approaching the task of recommending how to structure a Directive on common minimum standards for the recognition ofrefugee status in the Member States of the European Union, I have struggled to avoid two extremes. On the one hand, my recommendations might simply have reflected a search for the common denominator of relevant practice. The risk of this sort of analysis is, of course, that it clearly promotes a "race to the bottom," in which those States which presently fully implement their international obligations are encouraged to reduce the standard of protection. The alternative extreme would have been to define …

Free Movement Of Persons In The European Union, National Borders And Legal Reforms: The Principle Of Non-Discrimination Based On Nationality (Article 12 Ect), Ana Salinas De Frias

University of Miami International and Comparative Law Review

No abstract provided.

A Comparative Analysis Of National Rules In The United States, The United Kingdom And Canada On The Ethical Duties Of A Judge, Prosecutor And Defense Counsel On Making Commentary To The Press In An Ongoing Case, Bradley M.J. Kellogg

War Crimes Memoranda

No abstract provided.

Freedom Of Expression In The Inter-American System For The Protection Of Human Rights, Claudio Grossman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Introduction: Towards Understanding South African Constitutionalism, Penelope Andrews, Stephen Ellmann

Articles & Chapters

No abstract provided.

Dispute Settlement Under The 1997 Convention On The Law Of The Non-Navigational Uses Of International Watercourses, Ruth Lapidoth

International Law Studies

No abstract provided.

Walking The Queen's Highway: Peace, Politics And Parades In Northern Ireland, Brian P. White

San Diego International Law Journal

This Comment will discuss Northern Ireland's contentious Orange marching season and will review the history of Northern Ireland and its significance to the present day antagonists. It will further explore the law of Northern Ireland that is designed to protect the right to parade while preserving the public order, and consequently the related British legal machinery and its common law development. This Comment will also discuss the failure of Police Powers with respect to contentious parades in Northern Ireland, and will analyze the Parades Commission's prospects for success in diffusing sectarian animosity and violence associated with parading in Northern Ireland …

Does V. Ministry Of Defense, Aharon Barak, Theodor Or, Eliahu Mazza, Itzchak Zamir, Mishael Cheshin, Shlomo Levin, Yaakov Kedmi, Jacob Turkel, Dalia Dorner

Translated Opinions

Facts: The petitioners were citizens of Lebanon, who were brought to Israel between the years 1986-1987 by the security forces, and put on trial for their membership in hostile organizations and for their involvement in attacks against IDF and LDF. The petitioners had been convicted and sentenced to various sentences of imprisonment, which they served. Subsequently, the petitioners were held in administrative detention under section 2 of the Emergency Powers (Detentions) Law 5739-1979. This administrative detention was extended from time to time, for additional six month periods, in accordance with the same section. The question before the court was whether …

International Citizenship: The Future Of Nationality In A Globalized World, Kim Rubenstein, Daniel Adler

Indiana Journal of Global Legal Studies

No abstract provided.

The International Review | 2000 Spring, Michael Rhee

The International Review Newsletter

Genetically Modified: A New Frankenstein or Old Trade Barriers?

WTO Sidebar: Who decides if you’re obeying a final ruling?

The Talented World Trade Organization: A Cure-All for the World’s Problems?

The WTO’s Biggest Case: Foreign Sales Corporations (FSCs)

Alumnae Profile: Darlene Prescott, United Nations Office of Legal Affairs

Burma goes to the High Court after its day with NYLS

The Rights Of The Accused In A Global Enforcement Arena, Diane Marie Amann

ILSA Journal of International & Comparative Law

It is a commonplace that crime, no less than other industries, has become a global venture.

Making Room For A Serial Killer Within Canada's Faint Hope Statute: Clifford Olson, Master Manipulator In The Criminal Justice System, Sharon F. Carton

Global Business & Development Law Journal

No abstract provided.

Conflicts Of Law And Policy In The Caribbean -- Human Rights And The Enforcement Of The Death Penalty -- Between A Rock And A Hard Place, David A. C. Simmons

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Transit Of Straits And Archipelagic Waters By Military Aircraft, Bernard H. Oxman

Articles

The UN Convention on the Law of the Sea balances the interests of states in ways that are more refined than the classic summa divisio between the free high seas and territorial waters. The result for aviation is the preservation of freedom of overflight for civil and military aircraft seaward of the territorial sea in the exclusive economic zone as on the high seas beyond, and the right of such aircraft to transit archipelagic waters as well as straits comprised of territorial seas and internal waters. A proper understanding of the scope of these rights and their relationship to the …

International Tribunals And Rules Of Evidence: The Case For Respecting And Preserving The "Priest-Penitent" Privilege Under International Law, Robert John Araujo S.J.

American University International Law Review

No abstract provided.

The Caspian: Is It A Lake, A Sea Or An Ocean And Does It Matter? The Danger Of Utilizing Unilateral Approaches To Resolving Regional/International Issues, Barry Hart Dubner

Penn State International Law Review (1982 - 2011)

No abstract provided.

"Draconian" Yet Constitutional: The Republic Of Ireland's Offences Against The State Act (1998), Sean R. Elsbernd

UC Law SF International Law Review

On August 15, 1998, a terrorist bomb exploded in Omagh, County Tyrone, Northern Ireland. The 500-pound bomb, which detonated in the main marketplace of the city, killed twenty-eight people and injured more than 200 others. Following the tragedy, Ireland's Prime Minister Ahern pledged to bring those responsible to justice by making certain amendments to the Offences Against the State Act of 1939.

This Note discusses whether the Prime Minister and the government of the Republic of Ireland succeeded in this task, and if their efforts conform to the Irish Constitution and the European Convention on Human Rights.

Criminal Aliens Get Pinched: Sandoval V. Reno, Aedpa's And Iirira's Effect On Habeas Corpus Jurisdiction, Matthew J. Droskoski

Villanova Law Review (1956 - )

No abstract provided.

International Commercial Arbitration: A Case Study Of The Areas Under Control Of The Palestinian Authority, Marshall J. Breger, Shelby R. Quast

Case Western Reserve Journal of International Law

No abstract provided.

International Commercial Arbitration: A Case Study Of The Areas Under Control Of The Palestinian Authority, Marshall J. Breger

Scholarly Articles

One necessary component to the success of the Israeli-Palestinian peace process is economic development and growth in the area under the control of the Palestinian Authority (PA). One of the principal requirements for economic growth, and quite possibly for the Palestinian Authority's economic survival, is foreign investment in the West Bank and Gaza (WBG). As they currently exist, laws concerning foreign investment in WBG are a quagmire. Indeed, it is a challenge for an investor to simply identify which law applies to which area, let alone to interpret the law. At the same time many of the protections often found …

The Concept Of Freedom Of Expression In Prosecutions For Crimes Based On Expressive Acts, Anna M. Pohl

War Crimes Memoranda

No abstract provided.

The White Rose: Judges And Justice In The Third Reich, Matthew Lippman

Connecticut Journal of International Law

In recent years there has been an increased interest in the Holocaust.' One concern has been to explain the willingness of ordinary Germans2 and highly educated medical professionals' to conform to the draconian dictates of the Third Reich.4 This scholarly effort largely has ignored the complicity of lawyers and judges in the Nazi's depredations.5 The lack of academic concern may be based on the belief that the Reich was a "lawless" regime in which legal professionals performed a limited role. Most studies accordingly have centered on the extra-judicial and summary exterminations carried out by the Nazi government. 6 However, the …

States Of Emergency - Moderating Their Effects On Human Rights, Venkat Iyer

Dalhousie Law Journal

There has been a runaway proliferation of emergency regimes worldwide in recent decades. This, coupled with the high incidence of human rights abuses which accompany them, has made states of emergency a matter of increasing concern among human rights policymakers and monitors. The author evaluates the various measures that have been taken by the international community to moderate the effects of emergencies, and outlines possible future strategies to increase the effectiveness of such measures.