Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (552)
- Fordham Law School (456)
- Duke Law (427)
- University of Colorado Law School (403)
- Maurer School of Law: Indiana University (362)
-
- American University Washington College of Law (336)
- University of Minnesota Law School (310)
- UC Law SF (305)
- William & Mary Law School (304)
- Case Western Reserve University School of Law (300)
- Vanderbilt University Law School (298)
- University of Chicago Law School (288)
- Osgoode Hall Law School of York University (285)
- Yeshiva University, Cardozo School of Law (285)
- Southern Methodist University (267)
- University of Miami Law School (263)
- University of Oklahoma College of Law (257)
- Columbia Law School (248)
- University at Buffalo School of Law (228)
- University of North Carolina School of Law (217)
- University of Washington School of Law (211)
- Notre Dame Law School (202)
- Northwestern Pritzker School of Law (201)
- Schulich School of Law, Dalhousie University (191)
- University of Richmond (191)
- Cornell University Law School (188)
- Seattle University School of Law (182)
- University of Denver (175)
- University of Florida Levin College of Law (172)
- University of South Carolina (172)
- Keyword
-
- International law (219)
- Climate change (207)
- Law (201)
- Race (196)
- United States (180)
-
- Human rights (174)
- Discrimination (142)
- International Law (141)
- Education (117)
- Constitutional law (116)
- Federalism (113)
- Globalization (112)
- Environmental law (109)
- Civil rights (107)
- Gender (98)
- Immigration (96)
- History (94)
- Internet (90)
- Regulation (89)
- China (84)
- Democracy (83)
- Supreme Court (83)
- Constitutional Law (81)
- Intellectual property (81)
- Canada (80)
- Land use (79)
- Housing (78)
- Legal education (78)
- Property (78)
- Poverty (77)
- Publication Year
- Publication
-
- Faculty Scholarship (843)
- Articles (502)
- Faculty Publications (379)
- Scholarly Works (170)
- Faculty Articles (167)
-
- Journal Articles (153)
- Michigan Law Review (147)
- Fordham Law Review (136)
- American Indian and Alaskan Native Documents in the Congressional Serial Set: 1817-1899 (134)
- Publications (115)
- Pacific Studies (111)
- North Carolina Law Review (109)
- Law and Contemporary Problems (107)
- Georgetown Law Faculty Publications and Other Works (106)
- University of Colorado Law Review (105)
- Journal of Criminal Law and Criminology (103)
- All Faculty Scholarship (101)
- Indiana Journal of Global Legal Studies (101)
- Articles by Maurer Faculty (100)
- UF Law Faculty Publications (95)
- Dalhousie Law Journal (92)
- Articles & Book Chapters (91)
- Indiana Law Journal (91)
- Vanderbilt Law Review (91)
- ExpressO (90)
- Vanderbilt Journal of Transnational Law (88)
- Fordham Urban Law Journal (85)
- Journal of Air Law and Commerce (83)
- Law Faculty Publications (82)
- UC Law Journal (81)
- Publication Type
- File Type
Articles 3001 - 3030 of 16149
Full-Text Articles in Entire DC Network
The Limits Of International Law Fifteen Years Later, Jack L. Goldsmith, Eric A. Posner
The Limits Of International Law Fifteen Years Later, Jack L. Goldsmith, Eric A. Posner
Chicago Journal of International Law
The Limits of International Law received a great deal of criticism when it was published in 2005, but it has aged well. The skeptical, social-scientific methodology that it recommended has become a normal mode of international law scholarship. And the dominant idealistic view of international law that the book criticized is today in shambles, unable to explain the turmoil in international politics. This Essay reflects on the book’s reception and corrects common misperceptions of its arguments
How Hackers Of Submarine Cables May Be Held Liable Under The Law Of The Sea, Jason Petty
How Hackers Of Submarine Cables May Be Held Liable Under The Law Of The Sea, Jason Petty
Chicago Journal of International Law
Submarine internet cables play a vital role in the modern economy and transmit almost all global internet connections between countries. These cables, however, are vulnerable to interference or hacking by foreign states who seek to obtain the valuable data that passes through them. Because these cables are located on the high seas, however, no country has legal jurisdiction over large portions of them allowing for any number of states or private actors to hack into them and steal valuable information. This Comment evaluates whether states have any legal recourse under public international law against entities that hack into submarine cables. …
Linguistic Minorities With Disabilities And The Right To Native Language Instruction, Carol Zhang
Linguistic Minorities With Disabilities And The Right To Native Language Instruction, Carol Zhang
Chicago Journal of International Law
This Comment examines whether international law guarantees for linguistic minorities with disabilities the right to native language instruction. Linguistic minorities with disabilities currently face two challenges: the barriers presented by their disability and the difficulties of learning the majority language. A right to native language instruction would help eliminate this second challenge, removing an obstacle in academic and social development. To determine the existence of such a right, this Comment will first analyze the language rights regime and show that linguistic rights require further evaluation of the specific pragmatic interests involved. Next, this Comment looks at treaty and case law …
Putting The Last Frontier To Work: In Defense Of Alaska Hire, Brendan Mcguire
Putting The Last Frontier To Work: In Defense Of Alaska Hire, Brendan Mcguire
Alaska Law Review
Since statehood, Alaska has had one of the worst unemployment rates in the nation. The state has long combated its joblessness epidemic with a suite of laws known as Alaska Hire, which imposes a resident hiring preference on public works projects in the state. This popular law has been in place in one form or another since the state’s first legislature passed an early version in 1960. Alaska Hire’s story changed when former Attorney General Kevin Clarkson wrote a memo to Governor Mike Dunleavy arguing that the law is unconstitutional under the federal Privileges and Immunities Clause and the Alaska …
The Ill-Treatment Of Their Countrywoman: Liberated African Women, Violence, And Power In Tortola, 1807–1834, Arianna Browne
The Ill-Treatment Of Their Countrywoman: Liberated African Women, Violence, And Power In Tortola, 1807–1834, Arianna Browne
Master's Theses
In 1807, Parliament passed an Act to abolish the slave trade, leading to the Royal Navy’s campaign of policing international waters and seizing ships suspected of illegal trading. As the Royal Navy captured slave ships as prizes of war and condemned enslaved Africans to Vice-Admiralty courts, formerly enslaved Africans became “captured negroes” or “liberated Africans,” making the subjects in the British colonies. This work, which takes a microhistorical approach to investigate the everyday experiences of liberated Africans in Tortola during the early nineteenth century, focuses on the violent conditions of liberated African women, demonstrating that abolition consisted of violent contradictions …
The Rule Of Law: A Necessary Pillar Of Free And Democratic Societies For Protecting Human Rights, John Bessler
The Rule Of Law: A Necessary Pillar Of Free And Democratic Societies For Protecting Human Rights, John Bessler
All Faculty Scholarship
This essay traces the history and development of the concept of the Rule of Law from ancient times through the present. It describes the elements of the Rule of Law and its importance to the protection of human rights in a variety of contexts, including under domestic and international law. From ancient Greece and Rome to the Enlightenment, and from the American and French Revolutions to modern times, the Rule of Law has played a key role in societies around the world. The essay discusses definitions of the Rule of Law, its origins, and its development over time, including in …
Revisiting The International Court Of Justice Procedure For The Revision Of Judgments, Juliette Mcintyre
Revisiting The International Court Of Justice Procedure For The Revision Of Judgments, Juliette Mcintyre
Michigan Journal of International Law
The International Court of Justice (“ICJ”) is a court of first and last instance. Its decisions are “final and without appeal.” At first blush, this seems uncontroversial; it is a simple restatement of the well-established principle of res judicata. But if the court makes a judicial pronouncement without all the facts to hand, can one say that the decision is legitimate and authoritative? Pursuant to article 61 of the ICJ’s Statute, the court does have the authority to revise a judgment in certain, limited circumstances. Revision is a remedy that enables the court, upon the application of a party, …
Freedom From Thirst: A Right To Basic Household Water, Martha F. Davis
Freedom From Thirst: A Right To Basic Household Water, Martha F. Davis
Cardozo Law Review
No abstract provided.
The Case For Environmental Human Rights: Recognition, Implementation, And Outcomes, James R. May
The Case For Environmental Human Rights: Recognition, Implementation, And Outcomes, James R. May
Cardozo Law Review
No abstract provided.
Downtown Condos For The Rich: Not All Bad, Michael Lewyn
Downtown Condos For The Rich: Not All Bad, Michael Lewyn
New Mexico Law Review
Through a survey of the academic and popular literature as well as a review of relevant data, this Article suggests that the growth of high-end condominiums is likely to increase supply and hold down costs for local residents. Part I of the Article discusses the background of the debate, including the increased popularity of downtown life, the explosion of urban housing costs in some cities, and the growth of high-cost condos. Part II critiques the claim that the growth of high-end condos will fail to lower housing costs and suggests that this claim is wrong because (1) at least some …
Contemporary Human Displacement: A Comparative Analysis Of Syria, Yemen, Honduras, And Venezuela, Rav Carlotti
Contemporary Human Displacement: A Comparative Analysis Of Syria, Yemen, Honduras, And Venezuela, Rav Carlotti
Dissertations, Theses, and Capstone Projects
What is causing the surge in human displacement around the world? Large-scale displacement in Syria, Yemen, Honduras, and Venezuela has generated unprecedented humanitarian crises in Latin America and the Middle East as millions of displaced people end up as refugees or immigrants. Humanitarian organizations like the UNHCR and host countries have had their resources overextended by these ongoing crises, and there is no end in sight. This thesis shows that contemporary human displacement is rooted in the increasing inability of governments to manage their societies amid great political demands and socio-economics strains. These causes are difficult to tackle because they …
Wild Legalities: Animals And Settler Colonialism In Palestine/Israel, Irus Braverman
Wild Legalities: Animals And Settler Colonialism In Palestine/Israel, Irus Braverman
Journal Articles
This article examines the underlying biopolitical premises of wildlife management in Palestine/Israel that make, remake, and unmake this region's settler colonial landscape. Drawing on interviews with Israeli nature officials and observations of their work, the article tells several animal stories that illuminate the hierarchies and slippages between wild and domestic, nature and culture, native and settler, and human and nonhuman life in Palestine/Israel. Animal bodies are especially apt technologies of settler colonialism, I show here. They naturalize and normalize settler modes of existence, while criminalizing native livelihoods and relations. Utilizing the terra nullius doctrine, creating biblical landscapes by reintroducing extirpated …
Covid-19 Pandemic, The World Health Organization, And Global Health Policy, Cosmas Emeziem
Covid-19 Pandemic, The World Health Organization, And Global Health Policy, Cosmas Emeziem
Pace International Law Review
The emergence and quick spread of the COVID-19 pandemic has shifted the focus and dynamics of the debates about global health, international law, and policy. This shift has overshadowed many of the other controversies in the international sphere. It has also highlighted the tensions that often exist in international affairs—especially in understanding the place and purpose of international institutions, vis-à-vis states, in the general schema of public international law. Central to the international response to the current pandemic is the World Health Organization (WHO)—a treaty-based organization charged with the overarching mandate of ensuring “the highest possible level of health” for …
Late Xx Century – Early Xxi Century Geopolitical View Of The Asian Region, Rano Almamatovna Tuychiyeva
Late Xx Century – Early Xxi Century Geopolitical View Of The Asian Region, Rano Almamatovna Tuychiyeva
Scientific reports of Bukhara State University
Introduction. Describe the geopolitical structure of the Asian region - to cover political, economic, social, cultural and ethnic issues in East Asia, Southeast Asia (the main part of the Asia-Pacific region), South Asia, the Indian Ocean region, Central Asia and the Middle East. The number of dedicated scientific publications is significantly exceeding the number and volume of similar texts being written about other regions of the world. A review of Asian security shows that security concerns have spread throughout Asia. At the same time, such problems also have a significant negative impact on mutual economic, trade and investment relations. Research …
The Blind Eye: Jus Soli, And The "Pretended" Treaty Of New Echota, Christopher Robert Rossi
The Blind Eye: Jus Soli, And The "Pretended" Treaty Of New Echota, Christopher Robert Rossi
American Indian Law Journal
No abstract provided.
The Time Is Now For The Iachr To Address Climate Action As A Human Right: Indigenous Communities Can Lead (Again), Lara C. Diaconu
The Time Is Now For The Iachr To Address Climate Action As A Human Right: Indigenous Communities Can Lead (Again), Lara C. Diaconu
American Indian Law Journal
No abstract provided.
Border Solutions From The Inside, Raquel E. Aldana
Border Solutions From The Inside, Raquel E. Aldana
University of Miami Race & Social Justice Law Review
No abstract provided.
Hardin’S ‘Tragedy Of The Commons’: Indigenous Peoples’ Rights And Environmental Protection: Moving Towards An Emerging Norm Of Indigenous Rights Protection?, Sascha Dov Bachmann, Ikechukwu P. Ugwu
Hardin’S ‘Tragedy Of The Commons’: Indigenous Peoples’ Rights And Environmental Protection: Moving Towards An Emerging Norm Of Indigenous Rights Protection?, Sascha Dov Bachmann, Ikechukwu P. Ugwu
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Book Reviews, Usawc Press
Book Reviews, Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
Flood Management In Texas: Planning For The Future, John Diggs, Samantha Mikolajczyk, Lora Naismith, Margaret Reed, Rory Smith
Flood Management In Texas: Planning For The Future, John Diggs, Samantha Mikolajczyk, Lora Naismith, Margaret Reed, Rory Smith
EENRS Program Reports & Publications
This Report examines existing flood-related regulations in Texas and the United States, the Texas State Flood Plan, current flood mitigation strategies in the state, and the potential to implement green stormwater infrastructure. The report offers policy recommendations to clarify and help alleviate the current ambiguities and uncertainties between the Texas State Water Plan and State Flood Plan for future flood mitigation practices, and to simplify the implementation of green infrastructure.
The Impact Of Covid-19 On The Halal Economy: A Bibliometric Approach, Nisful Laila, Aam Slamet Rusydiana, Aisyah Assalafiyah
The Impact Of Covid-19 On The Halal Economy: A Bibliometric Approach, Nisful Laila, Aam Slamet Rusydiana, Aisyah Assalafiyah
Library Philosophy and Practice (e-journal)
This study aims to determine the map of the development of research on the halal economy's theme during the COVID-19 pandemic published by digital object identifier-equipped journals. The study was conducted in November 2020. The data analyzed were more than 200 published papers. The object of the study is a published journal in 2020. The data is then processed and analyzed using the VOSviewer application program to determine halal economic research development's bibliometric mapping. The results showed halal finance, halal banking, halal philanthropy, and halal food were the most popular topics used. The research development map of this theme is …
Prosecuting With Compassion, Defending With Power: Progressive Prosecutors And The Case For Rehabilitative Justice, Cody Mcgraw
Prosecuting With Compassion, Defending With Power: Progressive Prosecutors And The Case For Rehabilitative Justice, Cody Mcgraw
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Foreward
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
The Right To Food In Puerto Rico: Where Colonialism And Disaster Meet, Gabriela Valentín Díaz
The Right To Food In Puerto Rico: Where Colonialism And Disaster Meet, Gabriela Valentín Díaz
University of Miami Inter-American Law Review
No abstract provided.
“Reconciliation” In Undergraduate Education In Canada: The Application Of Indigenous Knowledge In Conservation, Danika Billie Littlechild, Chance Finegan, Deborah Mcgregor
“Reconciliation” In Undergraduate Education In Canada: The Application Of Indigenous Knowledge In Conservation, Danika Billie Littlechild, Chance Finegan, Deborah Mcgregor
Articles & Book Chapters
Both the Truth and Reconciliation Commission (TRC) and the National Inquiry into Missing and Murdered Indigenous Women and Girls (MMIWG) explicitly emphasized the role of educators in “reconciliation.” Alongside this, conservation practitioners are increasingly interacting with Indigenous Peoples in various ways, such as in the creation and support of Indigenous protected areas and (or) guardian programs. This paper considers how faculty teaching aspiring conservation practitioners can respond appropriately to the TRC and MMIWG Inquiry while preparing students to engage with Indigenous Peoples in a way that affirms, rather than questions Indigenous knowledge and aspirations. Our argument is threefold: first, teaching …
Solving The Interconnection Problem, Ralph A. Cantafio, Miles C. Nowak
Solving The Interconnection Problem, Ralph A. Cantafio, Miles C. Nowak
Texas A&M Journal of Property Law
The distinct three energy grids as such exist in the United States (the Western Interconnection, the Eastern Interconnection, and the Texas Interconnection or ERCOT) unnecessarily constrain the United States in addressing its future energy needs, as electricity flow between the three grids is very limited. As our country’s reliance on traditional nonrenewable energy sources like coal continue to decline and the reliance on renewable energy sources continues to grow, the United States should focus on replacing the existing three-grid system with a national energy grid that will benefit energy companies and consumers, as well as serve our future energy needs. …
State V. Clarke: One Year Later (Practitioner Comment), Heather A. Cunningham
State V. Clarke: One Year Later (Practitioner Comment), Heather A. Cunningham
Idaho Law Review
No abstract provided.
Independent Craft Breweries Struggle Under Distribution Laws That Create A Power Imbalance In Favor Of Wholesalers, Daniel Croxall
Independent Craft Breweries Struggle Under Distribution Laws That Create A Power Imbalance In Favor Of Wholesalers, Daniel Croxall
William & Mary Business Law Review
Independent craft breweries are facing historic challenges under the COVID-19 pandemic. To make matters worse, many states prohibit a brewery from terminating a distribution contract with a wholesaler absent statutorily defined “good cause,” which typically means fraud, bankruptcy, or other illegal conduct. In this context, lagging sales or poor distribution performance are not grounds for a brewery to terminate a distribution contract. This means that it is nearly impossible, legally or financially, for an independent craft brewery to terminate a distribution contract with an unsatisfactory wholesaler. In essence, states have statutorily tipped the balance of power in favor of distributors …
States, The Final Frontier: How Minnesota’S State Constitution Can Serve As New Ammunition In The Fight Against Prison Gerrymandering, Meredith Gingold
States, The Final Frontier: How Minnesota’S State Constitution Can Serve As New Ammunition In The Fight Against Prison Gerrymandering, Meredith Gingold
Minnesota Law Review Headnotes, Vols. 94-106 (2009-2022)
“Prison gerrymandering” is the term for the United States Census Bureau’s practice of counting incarcerated individuals toward the population of the district where they are incarcerated, not the district where they resided before incarceration. Prison gerrymandering systematically transfers population and political power from urban districts to rural districts, as the majority of prisoners are from cities while prisons are disproportionately located in rural areas. While many states have proposed laws to curtail the practice, most states have not succeeded in abolishing the practice entirely. Although a federal court case challenging prison gerrymandering via the Equal Protection Clause has found some …
Intangible Cultural Heritage: A Benefit To Climate-Displaced And Host Communities, Gül Aktürk, Martha B. Lerski
Intangible Cultural Heritage: A Benefit To Climate-Displaced And Host Communities, Gül Aktürk, Martha B. Lerski
Publications and Research
Climate change is borderless, and its impacts are not shared equally by all communities. It causes an imbalance between people by creating a more desirable living environment for some societies while erasing settlements and shelters of some others. Due to floods, sea level rise, destructive storms, drought, and slow-onset factors such as salinization of water and soil, people lose their lands, homes, and natural resources. Catastrophic events force people to move voluntarily or involuntarily. The relocation of communities is a debatable climate adaptation measure which requires utmost care with human rights, ethics, and psychological well-being of individuals upon the issues …