Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

Law

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 9661 - 9690 of 13075

Full-Text Articles in Entire DC Network

Lost Sovereignty? The Implications Of The Uruguay Round Agreements, William J. Aceves Jan 1995

Lost Sovereignty? The Implications Of The Uruguay Round Agreements, William J. Aceves

Fordham International Law Journal

This Article reviews the Uruguay Round Agreements and examines the implications of this new multilateral trading system on U.S. sovereignty. Specifically, this Article reviews the new dispute settlement process and the relevant U.S. legislation. Part I provides an overview of the Uruguay Round Agreements. It reviews the Agreement Establishing the WTO and the Understanding on Rules and Procedures Governing the Settlement of Disputes. Part II provides an overview of the U.S. implementing legislation. Part III reviews the proposed Dispute Settlement Review Commission. Part IV examines the implications of the Uruguay Round Agreements on U.S. sovereignty. Specifically, it analyzes the impact …

Go to article

The Bosman Case: Protecting Freedom Of Movement In European Football, Andrew L. Lee Jan 1995

The Bosman Case: Protecting Freedom Of Movement In European Football, Andrew L. Lee

Fordham International Law Journal

This Comment argues that the IGC should reject proposals to exempt sports associations from Community law, because freedom of movement for workers is a strictly protected right of fundamental importance to the European Union and because the public's interest in sport and the sporting associations' interest in maintaining financial and competitive balance between clubs are better served by alternatives to the transfer system that do not obstruct freedom of movement. Part I discusses the importance of the common market in the European Union and outlines Community law designed to maintain the common market. Part I also discusses application of those …

Go to article

The International Law Commission's First Ten Draft Articles On The Law Of The Non-Navigational Uses Of International Watercourses: Do They Adequately Address All The Major Issues Of Water Usage In The Middle East?, Kevin P. Scanlan Jan 1995

The International Law Commission's First Ten Draft Articles On The Law Of The Non-Navigational Uses Of International Watercourses: Do They Adequately Address All The Major Issues Of Water Usage In The Middle East?, Kevin P. Scanlan

Fordham International Law Journal

This Note argues that the first ten articles of the ILC's Draft Articles constitute a significant initial step in solving Middle Eastern water problems. This Note further argues that the ILC's failure to include provisions regulating the use of groundwater render the Draft Articles an incomplete framework for Middle Eastern states to rely upon when framing their own agreements. Part I discusses the historical significance of water, both economically and as a means of sustenance, and its effects on political relations between states that share a water source. Part I also examines the current supply of water in the Middle …

Go to article

A Human Rights Exception To Sovereign Immunity: Some Thoughts On Princz V. Federal Republic Of Germany, Mathias Reimann Jan 1995

A Human Rights Exception To Sovereign Immunity: Some Thoughts On Princz V. Federal Republic Of Germany, Mathias Reimann

Michigan Journal of International Law

Though narrow in scope, this article is emphatic in its message. It is time to deny immunity to foreign sovereigns for torture, genocide, or enslavement, at least when they are sued by Americans in American courts. Such a denial would be consonant with two developments that have marked international law since World War II: the restriction of sovereign immunity and the expansion of human rights protection.

Go to article

The Former U.S. Bases In The Philippines: An Argument For The Application Of U.S. Environmental Standards To Overseas Military Bases, M Victoria Bayoneto Jan 1995

The Former U.S. Bases In The Philippines: An Argument For The Application Of U.S. Environmental Standards To Overseas Military Bases, M Victoria Bayoneto

Fordham Environmental Law Review

No abstract provided.

Go to article

From Peacekeeping To Peace Enforcement: The Blurring Of The Mandate For The Use Of Force In Maintaining International Peace And Security, Jon E. Fink Jan 1995

From Peacekeeping To Peace Enforcement: The Blurring Of The Mandate For The Use Of Force In Maintaining International Peace And Security, Jon E. Fink

Maryland Journal of International Law

No abstract provided.

Go to article

Putting Naval Before History, Mark R. Shulman Jan 1995

Putting Naval Before History, Mark R. Shulman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Go to article

The United Nations Response To The Crisis Of Landmines In The Developing World, Kenneth Anderson Jan 1995

The United Nations Response To The Crisis Of Landmines In The Developing World, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

Introduction. Although the United Nations has frequently been criticized for responding too slowly to problems in the developing world, it can take pride in having been among the first to recognize the crisis of antipersonnel landmines. Ever since the issue was first raised in 1992 by the International Committee of the Red Cross, key actors at the United Nations-including the Secretary General and other senior executives in the departments of Peacekeeping, Humanitarian Affairs, the High Commissioner on Refugees, and UNICEF-have been forthright on the need to take action against this problem.' The brief but specific mention of landmines in the …

Go to article

Railroading Essential Rights: The Status Of Judicial Review Of Alleged Due Process Violations In Arbitration Hearings Under The Railway Labor Act - Shafii V. P.L.C. British Airways, Penelope Hopper Jan 1995

Railroading Essential Rights: The Status Of Judicial Review Of Alleged Due Process Violations In Arbitration Hearings Under The Railway Labor Act - Shafii V. P.L.C. British Airways, Penelope Hopper

Journal of Dispute Resolution

In the American judicial system, no litigant may be denied life, liberty or property without due process of the law. The rights to representation, to have a fair hearing, and to have the opportunity to present evidence on one's own behalf are ingrained in our concept of "justice." When one agrees to submit a conflict to an alternative forum of dispute resolution, are those essential rights lost? This Note examines those questions in the context of a congressional act mandating arbitration as the mode of conflict resolution in the transportation industry

Go to article

Punitive Damages Jan 1995

Punitive Damages

Fordham Law Review

No abstract provided.

Go to article

Towards A Law Of Unarmed Conflict: A Proposal For A New International Law Of Hostility, Stephen C. Neff Jan 1995

Towards A Law Of Unarmed Conflict: A Proposal For A New International Law Of Hostility, Stephen C. Neff

Cornell International Law Journal

No abstract provided.

Go to article

Human Rights In The 1990’S: Promise Or Peril , Ranee K. L. Panjabi Jan 1995

Human Rights In The 1990’S: Promise Or Peril , Ranee K. L. Panjabi

Cornell International Law Journal

No abstract provided.

Go to article

A Brief View Of Onkwehonwe Culture And Spirituality From The Beginning, Brian Patterson Jan 1995

A Brief View Of Onkwehonwe Culture And Spirituality From The Beginning, Brian Patterson

St. Thomas Law Review

No abstract provided.

Go to article

A Backdrop For Reconciliation, Herbert Becker Jan 1995

A Backdrop For Reconciliation, Herbert Becker

St. Thomas Law Review

No abstract provided.

Go to article

The Grave Breaches System And The Armed Conflict In The Former Yugoslavia, Oren Gross Jan 1995

The Grave Breaches System And The Armed Conflict In The Former Yugoslavia, Oren Gross

Michigan Journal of International Law

The system of grave breaches, established in the Conventions, is the focal point of the enforcement mechanism of international humanitarian law in general and of the Conventions in particular. It is therefore surprising that very little has been written to date about this system. This article is intended to fill that gap by discussing the repression -the prohibition, prosecution, and adjudication - of grave breaches of the Conventions. The article's main purpose is to chart and map the basic contours of the terrain of an area which despite its vast significance has not been adequately and systematically explored. It is …

Go to article

Reinventing The Regulatory State, Cass R. Sunstein, Richard H. Pildes Jan 1995

Reinventing The Regulatory State, Cass R. Sunstein, Richard H. Pildes

Articles

No abstract provided.

Go to article

The Changing Face Of Peace-Keeping And Peace-Enforcement, Shashi Tharoor Jan 1995

The Changing Face Of Peace-Keeping And Peace-Enforcement, Shashi Tharoor

Fordham International Law Journal

Peace-keeping today is in flux, if not in crisis. Two sets of powerful images - one reflective of the limitations of international peace-keeping in situations where there is no peace to keep, the other seemingly demonstrating the potential of the use of force to promote peace in the same situation - frame the context of this discussion. If peace-keeping is to serve as a useful instrument in the maintenance of international peace and security, it needs conceptual clarity, political support, and financial resources. For peace-keeping to remain effective in a changing world, its credibility must not be jeopardized by the …

Go to article

Comparing Federal Courts "Paradigms", Richard H. Fallon Jr. Jan 1995

Comparing Federal Courts "Paradigms", Richard H. Fallon Jr.

Constitutional Commentary, Vols 1–36 (1984–2022)

No abstract provided.

Go to article

Discussion After The Speeches Of Gary Hufbauer And David Crane Jan 1995

Discussion After The Speeches Of Gary Hufbauer And David Crane

Canada-United States Law Journal

No abstract provided.

Go to article

United States Tort Liability For War Crimes Abroad: An Assessment And Recommendation, Kenneth Bullock Jan 1995

United States Tort Liability For War Crimes Abroad: An Assessment And Recommendation, Kenneth Bullock

Law and Contemporary Problems

Bullock proposes that victims of war crimes be permitted to recover against the US government through administrative procedures similar to those of the Foreign Claims Act.

Go to article

State Immigration Laws And Federal Supremacy, Karl Manheim Jan 1995

State Immigration Laws And Federal Supremacy, Karl Manheim

UC Law Constitutional Quarterly

The current debate over the meaning of American federalism bears a striking resemblance to our founding struggle over states' rights. One stage where federalism continues to play out is the regulation of aliens and immigration. For most of our first century, immigration control was a state prerogative. But by the late nineteenth century, the Supreme Court equated immigration with foreign policy, thereby recognizing plenary and exclusive federal authority. This exclusivity operates to negate state power by both standard preemption doctrine and constitutional preclusion. In particular, preclusion forecloses state immigration laws even where Congress is silent since states have never possessed …

Go to article

Between-The-Wars Social Thought: Karl Llewellyn, Legal Realism, And The Uniform Commercial Code In Context, 59 Alb. L. Rev. 325 (1995), Allen R. Kamp Jan 1995

Between-The-Wars Social Thought: Karl Llewellyn, Legal Realism, And The Uniform Commercial Code In Context, 59 Alb. L. Rev. 325 (1995), Allen R. Kamp

UIC Law Open Access Faculty Scholarship

No abstract provided.

Go to article

Playing "21" With Narcotics Enforcement: A Response To Professor Carrington (Symposium, Regulatory Future Of Contingent Employment), Frank O. Bowman Iii Jan 1995

Playing "21" With Narcotics Enforcement: A Response To Professor Carrington (Symposium, Regulatory Future Of Contingent Employment), Frank O. Bowman Iii

Faculty Publications

Although I have fundamental disagreements with Professor Carrington even when his argument is reduced to its core, my purpose here is neither to defend every jot and tittle of national drug policy, nor to propose any sweeping personal vision of the place of recreational drugs in America. My ambitions are more modest. I suggest three premises: (1) Intelligent discussion of drug policy requires that we shed the image of law enforcement as warfare. (2) Instead, criminal narcotics prohibitions, penalties, and enforcement methods should be analyzed by the same standards which *939 govern any other type of crime. (3) If antinarcotics …

Go to article

The Agincourt Campaign And The Law Of War, A. W.B. Simpson Jan 1995

The Agincourt Campaign And The Law Of War, A. W.B. Simpson

Michigan Journal of International Law

Review of Henry's Wars and Shakespeare's Laws: Perspectives on the Law of War in the Later Middle Ages by Theodor Meron

Go to article

Self-Determination In The Post-Cold War Era: A New Internal Focus?, Gregory H. Fox Jan 1995

Self-Determination In The Post-Cold War Era: A New Internal Focus?, Gregory H. Fox

Michigan Journal of International Law

Review of International Monitoring of Plebiscites, Referenda and National Elections: Self-Determination and Transition to Democracy by Yves Beigbeder

Go to article

Advancing The Law Of Weapons Control - Comparative Approaches To Strengthen Nuclear Non-Proliferation, David S. Gualtieri, Barry Kellman, Kenneth E. Apt, Edward A. Tanzman Jan 1995

Advancing The Law Of Weapons Control - Comparative Approaches To Strengthen Nuclear Non-Proliferation, David S. Gualtieri, Barry Kellman, Kenneth E. Apt, Edward A. Tanzman

Michigan Journal of International Law

This article analyzes in-depth the SAGSI recommendation that more effective safeguards draw upon "the elements (including the managed access provisions) contained in Part X of the Verification Annex to the Convention on the Prohibition of Chemical Weapons.” SAGSI found that the Chemical Weapons Convention (CWC) offers approaches for verification and investigation that may be adaptable to the NPT.

Go to article

The Emptiness Of The Concept Of Jus Cogens, As Illustrated By The War In Bosnia-Herzegovina, A. Mark Weisburd Jan 1995

The Emptiness Of The Concept Of Jus Cogens, As Illustrated By The War In Bosnia-Herzegovina, A. Mark Weisburd

Michigan Journal of International Law

The aim of this article is neither to condemn departures from jus cogens nor to engage in verbal gymnastics designed to obfuscate the fact that the international community is treating or will treat "peremptory norms" as moralisms irrelevant in practical terms. Rather, this article seeks to show that the problem lies in the concept of jus cogens itself. More specifically, the article intends to make the case that the concept is intellectually indefensible - at best useless and at worst harmful in the practical conduct of international relations.

Go to article

Lip Service To The Laws Of War: Humanitarian Law And United Nations Armed Forces, Richard D. Glick Jan 1995

Lip Service To The Laws Of War: Humanitarian Law And United Nations Armed Forces, Richard D. Glick

Michigan Journal of International Law

This article concludes that the United Nations is bound by the rules of customary international humanitarian law, and occupies a horizontal relationship with the other subjects of IHL that it engages in armed conflict. When U.N. armed forces engage in armed conflict, the Organization qualifies as a "party to armed conflict" within the meaning of IHL, and U.N. troops also fall within the IHL definition of "combatants," rendering the Organization subject to IHL obligations. Continuing U.N. arguments to the contrary either deprive IHL definitions of their determinacy or regress to a claim of undeserved special status for Charter norms and …

Go to article

Why Redraw The Map Of Africa: A Moral And Legal Inquiry, Makau Wa Mutua Jan 1995

Why Redraw The Map Of Africa: A Moral And Legal Inquiry, Makau Wa Mutua

Michigan Journal of International Law

The author argues in this Article that the post-colonial state, the uncritical successor of the colonial state, is doomed because it lacks basic moral legitimacy. Its normative and territorial construction on the African colonial state, itself a legal and moral nullity, is the fundamental reason for its failure. The author argues that, at independence, the West decolonized the colonial state, not the African peoples subject to it. In other words, the right to self-determination was exercised not by the victims of colonization but their victimizers, the elites who control the international state system.

Go to article

Select Bibliography Of Women's Human Rights Law, A Conference On The Interventional Protection Of Reproductive Rights , Rebecca J. Cook, Valerie L. Oosterveld Jan 1995

Select Bibliography Of Women's Human Rights Law, A Conference On The Interventional Protection Of Reproductive Rights , Rebecca J. Cook, Valerie L. Oosterveld

American University Law Review

No abstract provided.

Go to article

First Prev Next Last