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2001

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The Position Of The Individual In International Law, Alexander Orakhelashvili Jan 2001

The Position Of The Individual In International Law, Alexander Orakhelashvili

California Western International Law Journal

No abstract provided.


U.S. Visa Options And Strategies For The Information Technology Industry, Kristen Ness Ayers, Scott D. Syfert Jan 2001

U.S. Visa Options And Strategies For The Information Technology Industry, Kristen Ness Ayers, Scott D. Syfert

North Carolina Journal of International Law

No abstract provided.


Game Theory And Customary International Law: A Response To Professors Goldsmith And Posner, Mark A. Chinen Jan 2001

Game Theory And Customary International Law: A Response To Professors Goldsmith And Posner, Mark A. Chinen

Michigan Journal of International Law

In a pair of recent articles, Professors Jack Goldsmith and Eric Posner have used game theoretic principles to challenge the positivist account of customary international law. Their writings join other early attempts to apply game theory to the international law sources. The author has two purposes in this Article. The first is to evaluate game theory's potential for yielding greater insight into customary international law and international law more generally. The second is to respond to the conclusions about customary international law drawn by Professors Goldsmith and Posner.


The Effectiveness Of European Community Law With Specific Regard To Directives: The Critical Step Not Taken By The European Court Of Justice, Carla A. Varner Jan 2001

The Effectiveness Of European Community Law With Specific Regard To Directives: The Critical Step Not Taken By The European Court Of Justice, Carla A. Varner

Michigan Journal of International Law

The purpose of this Note is to investigate the European Court of Justice's less expansive treatment of directives as compared to other forms of EC law through its failure to apply horizontal direct effect to directives. More specifically, this Note attempts to answer two questions which arise from the current status of ECJ jurisprudence: First, why has the Court been reluctant to implement horizontal direct effect for directives, especially in light of other actions it has taken to increase the potency of EC law? Second, given the alternative steps taken by the ECJ, is it still necessary to establish horizontal …


An Empirically Based Comparison Of American And European Regulatory Approaches To Police Investigation, Christopher Slobogin Jan 2001

An Empirically Based Comparison Of American And European Regulatory Approaches To Police Investigation, Christopher Slobogin

Michigan Journal of International Law

This article takes a comparative and empirical look at two of the most significant methods of police investigation: searches for and seizures of tangible evidence and interrogation of suspects. It first compares American doctrine regulating these investigative tools with the analogous rules predominant in Europe. It then discusses research on the American system that sheds light on the relative advantages and disadvantages of the two regulatory regimes.


Latcrit Theory: Some Preliminary Notes Towards A Transatlantic Dialogue, Elizabeth M. Iglesias Jan 2001

Latcrit Theory: Some Preliminary Notes Towards A Transatlantic Dialogue, Elizabeth M. Iglesias

University of Miami International and Comparative Law Review

No abstract provided.


Afterword, Mark A. Chinen Jan 2001

Afterword, Mark A. Chinen

Michigan Journal of International Law

The author prefaces the afterword in the following manner: “Professors Goldsmith and Posner have given an insightful reply to my Article. It has been a pleasure to engage in a discussion of these issues with respected colleagues via this exchange of writings, and I am grateful to the Journal for providing the opportunity to do so. Most of the positions I have taken are already adequately discussed in the body of the Article, and this afterword is not intended to summarize all of the arguments made there. However, I wanted to address some of the points Professors Goldsmith and Posner …


Further Thoughts On Customary International Law, Jack L. Goldsmith, Eric A. Posner Jan 2001

Further Thoughts On Customary International Law, Jack L. Goldsmith, Eric A. Posner

Michigan Journal of International Law

In two earlier articles, the tools of game theory were used to sketch a positive theoretical account of customary international law ("CIL"). This theory rejected as question-begging the usual explanations of CIL based on legality, morality, opinio juris, and related concepts. It was argued instead that CIL emerges from nations' pursuit of self-interested policies on the international stage. This approach helps explain many overlooked features of CIL, including how CIL originates and changes, why the content of CIL tracks the interest of powerful nations, and why nations change their views of CIL when their interests change. Finally, the practices …


The Anatomy Of An Institutionalized Emergency: Preventive Detention And Personal Liberty In India, Derek P. Jinks Jan 2001

The Anatomy Of An Institutionalized Emergency: Preventive Detention And Personal Liberty In India, Derek P. Jinks

Michigan Journal of International Law

Despite many indications of an emerging transnational consensus on the scope of human rights law, fundamental disagreements persist. These disagreements are, in many respects, structured around important cleavages in the international community such as: North/South, East/West, and capitalist/socialist. Whether these cleavages are understood as cultural, economic, or political, international lawyers must develop a better understanding of the specific practices that generate divergent interpretations of human rights standards. Without such an understanding, these factions seem to underscore an irreducibly political conception of human rights. Indeed, the prospects of a global "community of law" turn on the degree to which fundamental differences …


The Geography Of Injustice: Borders And The Continuing Immiseration Of California Agricultural Labor In Era Of "Free Trade", Don M. Mitchell Jan 2001

The Geography Of Injustice: Borders And The Continuing Immiseration Of California Agricultural Labor In Era Of "Free Trade", Don M. Mitchell

Richmond Journal of Global Law & Business

Why is it that when the reigning ideology governing the expansion of “free trade” is anti-regulatory”, all agree that the movement of people, or rather laborers, must be carefully regulated? Indeed, why are borders strengthened for people just as states of the Western Hemisphere embark on a thorough reconfiguration, and even a dismantling, or borders for capital and goods.


Género Y Derechos Fundamentales En Europa: Evolución Reciente De La Discriminación Positiva En El Ambito Laboral Y Electoral, Angel Rodriguez-Vergara Díaz Jan 2001

Género Y Derechos Fundamentales En Europa: Evolución Reciente De La Discriminación Positiva En El Ambito Laboral Y Electoral, Angel Rodriguez-Vergara Díaz

University of Miami International and Comparative Law Review

No abstract provided.


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 Jan 2001

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.


Grass Varieties For North Dakota, Kevin Sedivec, Dwight Tober, John D. Berdahl Jan 2001

Grass Varieties For North Dakota, Kevin Sedivec, Dwight Tober, John D. Berdahl

R Series – Range

No abstract provided.


Coming Of Age With Trips: A Comment On J.H. Reichman, The Trips Agreement Comes Of Age: Conflict Or Cooperation With The Developing Countries, Rochelle Cooper Dreyfuss Jan 2001

Coming Of Age With Trips: A Comment On J.H. Reichman, The Trips Agreement Comes Of Age: Conflict Or Cooperation With The Developing Countries, Rochelle Cooper Dreyfuss

Case Western Reserve Journal of International Law

comment on the Reichman article


Priosners No More: State Investment Relocation Incentives And The Prisoners' Dilemma, Daniel P. Petrov Jan 2001

Priosners No More: State Investment Relocation Incentives And The Prisoners' Dilemma, Daniel P. Petrov

Case Western Reserve Journal of International Law

No abstract provided.


Intellectual Property Rights And Economic Development, By Keith Maskus, Robert E. Evenson Jan 2001

Intellectual Property Rights And Economic Development, By Keith Maskus, Robert E. Evenson

Case Western Reserve Journal of International Law

comment on the Markus article


Kosovo And The Law Of Humanitarian Intervention, John J. Merriam Jan 2001

Kosovo And The Law Of Humanitarian Intervention, John J. Merriam

Case Western Reserve Journal of International Law

No abstract provided.


Finding Justice In South African Labor Law: The Use Of Arbitration To Evaluate Affirmative Action, Carmen Morris Twyman Jan 2001

Finding Justice In South African Labor Law: The Use Of Arbitration To Evaluate Affirmative Action, Carmen Morris Twyman

Case Western Reserve Journal of International Law

No abstract provided.


Trips-Related Aspects Of Traditional Knowledge, Graham Dutfield Jan 2001

Trips-Related Aspects Of Traditional Knowledge, Graham Dutfield

Case Western Reserve Journal of International Law

No abstract provided.


Employment And Labor Law Reform In New Zealand, Richard A. Epstein Jan 2001

Employment And Labor Law Reform In New Zealand, Richard A. Epstein

Case Western Reserve Journal of International Law

No abstract provided.


Labor Law Reform--Southern Africa, Sarah Christie Jan 2001

Labor Law Reform--Southern Africa, Sarah Christie

Case Western Reserve Journal of International Law

No abstract provided.


Price Tag: West Bank Settlers' Terrorizing Of Palestinians To Deter Israeli Government Law Enforcement, Ori Nir Jan 2001

Price Tag: West Bank Settlers' Terrorizing Of Palestinians To Deter Israeli Government Law Enforcement, Ori Nir

Case Western Reserve Journal of International Law

No abstract provided.


The Impact Of Third-Party Financing On Transnational Litigation, Cassandra Burke Robertson Jan 2001

The Impact Of Third-Party Financing On Transnational Litigation, Cassandra Burke Robertson

Case Western Reserve Journal of International Law

No abstract provided.


Springtails In Sugarbeet: Identification, Biology, And Management, Mark A. Boetel, Robert J. Dregseth, Mohamed F. R. Khan Jan 2001

Springtails In Sugarbeet: Identification, Biology, And Management, Mark A. Boetel, Robert J. Dregseth, Mohamed F. R. Khan

E Series – Entomology

No abstract provided.


Undergraduate & Graduate Schedule Of Classes For 2002, Spring | Academic Calendar | Class Schedule, Office Of The Registrar, Stony Brook University Jan 2001

Undergraduate & Graduate Schedule Of Classes For 2002, Spring | Academic Calendar | Class Schedule, Office Of The Registrar, Stony Brook University

Calendars

No abstract provided.


Relational Victimization In Childhood And Adolescence: I Hurt You Through The Grapevine, Nicki R. Creek, David A. Nelson, Julie R. Morales, Crystal Cullerton-Sen, Juan F. Casas, Susan E. Hickman Jan 2001

Relational Victimization In Childhood And Adolescence: I Hurt You Through The Grapevine, Nicki R. Creek, David A. Nelson, Julie R. Morales, Crystal Cullerton-Sen, Juan F. Casas, Susan E. Hickman

Faculty Publications

Sylvia usually feels pretty good about herself, but lately her friends at school have been acting a little strangely toward her. When she goes to sit with them in the cafeteria at lunch, everyone stops talking. When she passes people in the hall, she hears them whispering behind their hands. And then just yesterday she overheard someone saying that Mindy was having a birthday party, and she hasn't been invited. What Sylvia doesn't know is that Mindy has been spreading gossip about her to their mutual friends ever since Sylvia beat her out for the lead in the school play. …


International Intellectual Property Rights, Bruce A. Mcdonald Jan 2001

International Intellectual Property Rights, Bruce A. Mcdonald

The International Lawyer

No abstract provided.


Immigration And Nationality, Robert Charles Hill, E. Dana Neacsu Jan 2001

Immigration And Nationality, Robert Charles Hill, E. Dana Neacsu

The International Lawyer

No abstract provided.


Sir Joseph Gold And The International Law Of Exchange Controls, Werner F. Ebke Jan 2001

Sir Joseph Gold And The International Law Of Exchange Controls, Werner F. Ebke

The International Lawyer

No abstract provided.


Regional Financial Institutionalization And The Creation Of A Zone Of Law: The Context Of Financial Stability/Regulation In East Asia, Mamiko Yokoi-Arai Jan 2001

Regional Financial Institutionalization And The Creation Of A Zone Of Law: The Context Of Financial Stability/Regulation In East Asia, Mamiko Yokoi-Arai

The International Lawyer

No abstract provided.