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Vietnam And The United States: Mining Pollution And The Tragedy Of The Commons, Heather Whitney
Vietnam And The United States: Mining Pollution And The Tragedy Of The Commons, Heather Whitney
Heather Whitney
This paper will discuss Vietnam’s mining pollution problem, and its efforts to foster clean water create and an environmental protection framework within its Constitution, environmental laws and regulations. This paper will also juxtapose these issues with the United States’ regulatory mechanisms for mining and water quality protection, which in comparison are complex and well-rounded, but nonetheless still have regulatory and enforcement loopholes that prevent proper water quality protection. In Vietnam, like most developing countries, regulations and policy statements place socioeconomic growth above water quality protection that frustrates these efforts. Environmental and water quality laws and regulations in Vietnam have not …
Pirate Accessory Liability – Developing A Modern Legal Regime Governing Incitement And Intentional Facilitation Of Maritime Piracy, Roger L. Phillips
Pirate Accessory Liability – Developing A Modern Legal Regime Governing Incitement And Intentional Facilitation Of Maritime Piracy, Roger L. Phillips
Roger L Phillips
Despite the exponential growth of piracy off the coast of Somalia since 2008, there have been no prosecutions of those who have profited most from ransom proceeds; that is crime bosses and pirate financiers. As U.S. courts begin to charge higher-level pirates, they must ascertain the status of customary international law as reflected in the UN Convention on the Law of the Sea. UNCLOS includes two forms of accessory liability suited to such prosecutions, but a number of ambiguities remain in the interpretation of these forms of liability. These lacunae cannot be explained by reference to the plain terms of …
It's About Time: Privacy, Information Life Cycles, And The Right To Be Forgotten, Meg Leta Ambrose
It's About Time: Privacy, Information Life Cycles, And The Right To Be Forgotten, Meg Leta Ambrose
Meg Leta Ambrose
The current consensus is that information, once online, is there forever. Content permanence has led many European countries, the European Union, and even the United States to establish a right to be forgotten to protect citizens from the shackles of the past presented by the Internet. But, the Internet has not defeated time, and information, like everything, gets old, decays, and dies, even online. Quite the opposite of permanent, the Web cannot be self-preserving. One study from the field of content persistence, a body of research that has been almost wholly overlooked by legal scholars, found that 85% of content …
State Constitutional Prohibitions On Special Laws, Justin R. Long
State Constitutional Prohibitions On Special Laws, Justin R. Long
Justin R Long
Since the nineteenth century, most states have had constitutional clauses prohibiting “special laws.” These clauses were ratified to protect the people of each state from domination by narrow economic elites, who would use their economic power to win grants of privilege from the state legislatures. To fight the corrupt favors garnered by private interests in this way, state constitutional drafters wrote clauses requiring their legislatures to pass only “general” laws that would apply equally to all members of the regulated class. For a brief period, these clauses were enforced in the courts—but more to protect economic elites than the democratic …
Stewardship And Dominium: How Disparate Conceptions Of Ownership Influence Possession Doctrines, Martin Hirschprung
Stewardship And Dominium: How Disparate Conceptions Of Ownership Influence Possession Doctrines, Martin Hirschprung
martin hirschprung
The law is ambiguous regarding the level and extent of possession necessary to effect ownership. It can be argued that one’s conception of the nature of ownership influences this standard of possession. I further argue that the application of the concept of stewardship to questions of possession will aid in resolving the disputes between museums and indigenous groups regarding cultural artifacts. In order to demonstrate the relationship between one’s conception of ownership and its attendant standard of possession, it is useful to contrast different legal definitions of ownership, particularly the Roman concept of dominium, with a religious model of stewardship …
Bavarian Blondes Don't Need A Visa: A Comparative Law Analysis Of Ambush Marketing, Gerlinde Berger-Walliser, Melanie S. Williams, Bjorn Walliser, Mark Bender
Bavarian Blondes Don't Need A Visa: A Comparative Law Analysis Of Ambush Marketing, Gerlinde Berger-Walliser, Melanie S. Williams, Bjorn Walliser, Mark Bender
Melanie S. Williams
This paper describes the problem of ambush marketing: the act of attempting to associate with an event without buying the rights to do so. From the perspective of the organizers and sponsors of large-scale media and athletic events, the problem is significant. More than $100 billion is spent annually on purchasing sponsorship rights and the associated promotions. For companies who have not paid for such rights to be able to imply an association with these high-profile events dilutes the value of that sponsorship. Despite the size of the problem, however, (and except for the special coverage many countries afford Olympic …