Digital Commons Network^™

The Ukrainian Constitution: Interpretation Of The Citizens' Rights Provisions, Richard C.O. Rezie

Case Western Reserve Journal of International Law

No abstract provided.

Bringing Developing Countries' Intellectual Property Laws To Trips Standards: Hurdles And Pitfalls Facing Vietnam's Efforts To Normalize An Intellectual Property Regime, Michael W. Smith

Case Western Reserve Journal of International Law

No abstract provided.

The Treaty Power And American Federalism, Curtis A. Bradley

Michigan Law Review

For much of this century, American foreign affairs law has assumed that there is a sharp distinction between what is foreign and what is domestic, between what is external and what is internal. This assumption underlies a dual regime of constitutional law, in which federal regulation of foreign affairs is subject to a different, and generally more relaxed, set of constitutional restraints than federal regulation of domestic affairs. In what is perhaps its most famous endorsement of this proposition, the Supreme Court stated in 1936 that "the federal power over external affairs [is] in origin and essential character different from …

Universality And Relativity Of Human Rights: American Relativism, Johan D. Van Der Vyver

Buffalo Human Rights Law Review

No abstract provided.

Comparative Aspects Of The French And German Nuclear Energy Regimes-Working Toward An International Legal Framework, Jon L. Woodard

Penn State International Law Review (1982 - 2011)

No abstract provided.

Left Out Of The Game: Fast-Track, Non-Tariff Barriers, And The Erosion Of Federalism, William J. Kovatch Jr.

ILSA Journal of International & Comparative Law

On January 27, 1998, an embattled President Clinton stood before the nation promoting a litany of government initiatives in his State of the Union Address.

The Execution Under Oath Of U.S. Litigation Documents: Must Signatures Be Authenticated, 31 J. Marshall L. Rev. 927 (1998), Thomas W. Tobin

UIC Law Review

No abstract provided.

Considering Our Position: Viewing Information Warfare As A Use Of Force Prohibited By Article 2(4) Of The U.N. Charter, Todd A. Morth

Case Western Reserve Journal of International Law

No abstract provided.

Legality, Legitimacy, And Democratic Renewal: The New Assembly In Context, Colin Harvey

Fordham International Law Journal

This Essay examines the structure and functions of the new Northern Ireland Assembly within the context of the constitutional changes in the Britain and Ireland. Since its election in May 1997, the new Labour Government has been steadily putting in place key constitutional reforms. The changes were widely discussed, both internally while the party was in opposition and externally within the scholarly community. The Labour Government came to power on a manifesto that promised substantial constitutional reform with an emphasis on decentralization and participation. It is evident that the change of government had an impact on the process in Northern …

Policing And Change In Northern Ireland: The Centrality Of Human Rights, Linda Moore

Fordham International Law Journal

It is the contention of this Essay that the international principles of human rights must form the foundations of any future policing service in Northern Ireland. Leaving behind the sterile communalism that has characterized past approaches to policing in favor of a rights-based approach, would benefit all in Northern Ireland. A human rights policing framework would particularly relieve those living in working class communities, both catholic and protestant, who have borne the brunt of heavy policing policies and tactics. While acknowledging that no approach to policing reform can appease all shades of Northern Ireland's political and cultural opinion, the current …

International Dimensions Of Crimes In Cyberspace, David Goldstone, Betty-Ellen Shave

Fordham International Law Journal

Part I describes a few experiences with international computer hackers in order to provide a context for the rest of the Essay. Part II extracts from that experience the central issues that have arisen-and predictably will continue to arise-in connection with investigating and prosecuting international electronic crimes. These concerns are divided into three subject areas: the substantive law, the procedural law, and operational issues. Finally, Part III summarizes international efforts to address concerns raised by crimes in cyberspace.

Too Many Secrets: Challenges To The Control Of Strong Crypto And The National Security Perspective, J. Terrence Stender

Case Western Reserve Journal of International Law

No abstract provided.

Future Trends In The United States Federal Sentencing Scheme, Herbert J. Hoelter, Charles Nihan, Gerald Bard Tjoflat, Jonathan J. Wroblewski

American University International Law Review

No abstract provided.

Progress For Pilgrims: An Analysis Of The Holy See-Israel Fundamental Agreement, Geoffrey R. Watson

Scholarly Articles

This Article asks whether international human rights law obliges states to admit foreign pilgrims, and if so, whether the existence of such an obligation should influence interpretation of the Fundamental Agreement. Part I of this Article takes up a logically prior question: whether the Fundamental Agreement is a legally binding treaty, and whether it should be interpreted in accordance with treaty law. The Article rejects recent suggestions that one or both parties lack the capacity to make treaties, and it concludes that the Agreement is a binding treaty that should be interpreted in accordance with the Vienna Convention on the …

Protecting The Least Respected: The Girl Child And The Gender Bias Of The Vienna Convention's Adoption And Reservation Regime, Linda A. Malone

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Deportation Of Criminal Aliens And The Termination Of Judicial Review By The Anti-Terrorism And Effective Death Penalty Act Of 1996, Orville Mckenzie

ILSA Journal of International & Comparative Law

Perhaps the most intellectually challenging legal question which has baffled jurists might have been answered by the Anti-Terrorism and Effective Death Penalty Act of 1996.' It is the question of whether Congress has the power to eliminate all the subject matter jurisdiction of article III courts.

State Collaboration In United States Ratification Of Human Rights Treaties, James A. R. Nafziger

ILSA Journal of International & Comparative Law

The process in the United States of negotiating and ratifying human rights treaties seldom engages the states, either individually or collectively.

International Human Rights Standards On Sexual Violence Against Women As They Apply To Pornography, Claudia Giunta

LLM Theses and Essays

The United Nations Fourth World Conference on Women was held in Beijing in September 1995, and represented an important step towards the achievement of equality for women. At the Conference, the progress made towards equality was acknowledged, but it was also acknowledged that many goals have not been achieved yet, and that cultural changes of fundamental importance remain to be made. Indeed, in many countries the cultural approach to violence and discrimination against women is quite fatalistic; they believe violence against women cannot be solved by laws. However, this approach overlooks the role played by societies in tolerating practices of …

Nafta: The Effect Of The Motor Carrier Provisions On The Future Of The Agreement, Pamela C. Schmidt

UC Law SF International Law Review

The motor carrier provisions of the North American Free Trade Agreement (NAFTA) provide for gradual implementation that will eventually allow Mexican trucks unfettered access to the U.S. highways. The first phase of the motor carrier provisions were scheduled to go into effect on December 18, 1995. The unilateral delay of the provisions by the Clinton administration has resulted in controversy both in the United States and Mexico. Although the motor carrier provisions are just a small part of NAFTA, they have the ability to undermine the entire Agreement.

This Note will examine the advantages and disadvantages of implementing the NAFTA …

Encrypted Digital Cash Transfers: Why Traditional Money Laundering Controls May Fail Without Uniform Cryptography Regulations, Christopher D. Hoffman

Fordham International Law Journal

This Note argues that key escrow represents a solution to the problem of digital money laundering. In addition, this Note argues that the European Commission has wrongly concluded that key escrow should develop as a product of market forces rather than aggressive legislation, and should align its policy with the United States, France, and Great Britain to develop a joint network of key escrow authorities. Part I of this Note explains the operation of digital payment systems, digital money, and cryptography. Part I also sets forth existing legal safeguards against money laundering. Part II outlines the key escrow policies of …

Media, Multimedia, And European Community Antitrust Law, John Temple Lang

Fordham International Law Journal

This Article discusses the main European Community (“EC”) antitrust law issues that have arisen in the media industries or which are especially relevant to media. Part I discusses general principles and directives that influence multimedia law. Part II examines the relevant markets which relate to multimedia. Part III reviews evidence of dominance within multimedia. Part IV discusses the impact multimedia has had upon broadcasting sports events within the European Union (“EU”). Part IV also considers film catalogues and performing rights societies. Part V explores mergers within the media sector. Part VI discusses conditional access systems. Finally, the Article concludes that …

The International Conference On Harmonization Of Pharmaceutical Regulations, The European Medicines Evaluation Agency, And The Fda: Who's Zooming Who?, Dan Kidd

Indiana Journal of Global Legal Studies

No abstract provided.

Preserving Family Unity: The Rights Of Children To Maintain The Companionship Of Their Parents And Remain In Their Country Of Birth, Giovanna I. Wolf

Indiana Journal of Global Legal Studies

No abstract provided.

Greening World Trade: Reconciling Gatt And Multilateral Environmental Agreements Within The Existing World Trade Regime, Charles R. Fletcher

Florida State University Journal of Transnational Law & Policy

No abstract provided.

The Dichotomy Of Executive Immunity: A Comparative Analysis Between The United States And Great Britain, Leonard Wilder

ILSA Journal of International & Comparative Law

Politicians get away with murder! This common statement tends to reflect how many feel about the privileged class of people who make and enforce the law. Nevertheless, the litigious nature of the United States has caught up with the current President of the United States, Bill Clinton.

Religious Freedom In The People's Republic Of China, Cymonie Rowe

ILSA Journal of International & Comparative Law

The People's Republic of China has, during the latter part of this century, consistently restricted one's right to religious freedom. Religious rights, as well as other rights, within the People's Republic of China have been the subject of much controversy around the world.

The Implications Of National Security Safeguards On The Commercialization Of Remote Sensing Imagery, Youssef Sneifer

Seattle University Law Review

This Comment offers a critique of the national security restrictions contained in the United States policy and regulations and the uncertainty they inject into the commercialization of remote sensing imagery. After providing a brief technical description of remote sensing technology and the market realities associated with remote sensing imagery, this Comment analyzes the legislation and regulations affecting the private sector's commercialization and dissemination of remote sensing imagery with a special emphasis on national security concerns. Specifically, it reviews the Clinton Administration's policy with regard to the commercialization of remote sensing imagery, tracing its origins to the international obligations of the …

Assessing The Tax Administration Law Of The People's Republic Of China, Kara Phillips, Amy Sommers

Faculty Articles

This article discusses the effort of the People's Republic of China (PRC or China) to obtain revenue through taxes rather than through receipt of profits from state enterprises. In order to strengthen the tax system, in 1992 the Standing Committee of the National People's Congress enacted the Law of the People's Republic of China to Administer the Levying and Collection of Taxes (Tax Administration Law). The authors evaluate the PRC’s Tax administration Law, and discuss the factors that influenced the enactment of the Tax Administration Law and the Implementing Regulations. The authors also examine the Tax Administration Law’s general principles, …

Indigenization Of Constitutionalism In The Japanese Experience, The, Christopher A. Ford

Case Western Reserve Journal of International Law

No abstract provided.

L'Affaire Des Foulards--Discrimination, Or The Price Of A Secular Public Education System?, Cynthia D. Baines

Vanderbilt Journal of Transnational Law

This Note examines the recent controversy over France's ban against "ostentatious" religious symbols in public schools. The only ostentatious symbol targeted by the French government, however, has been the head scarves worn by Muslim schoolgirls. The author explores the roots of the current ban by examining France's tradition of assimilation of immigrants and its constitutionally mandated secular public education system. The author also compares France's interests in prohibiting head scarves with the Muslim students' interests in practicing their religion. Finally, the author concludes that the French policy of banning head scarves from school is not only impractical, but likely a …