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2005

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The Kinderhook Plates, The Tucson Artifacts, And Mormon Archeological Zeal, J. Michael Hunter Jan 2005

The Kinderhook Plates, The Tucson Artifacts, And Mormon Archeological Zeal, J. Michael Hunter

Faculty Publications

“The Kinderhook Plates, the Tucson Artifacts, and Mormon Archeological Zeal” discusses Mormon archeological zeal, or the short-sighted enthusiasm shown by members of The Church of Jesus Christ of Latter-day Saints (LDS Church) regarding relics or artifacts that might "prove" the veracity of the Book of Mormon or even of the LDS Church. This article summarizes the history of both the Kinderhook Plates and the Tucson Artifacts within this context, stating that the Kinderhook Plates have been proven fraudulent but that the Tucson Artifacts still provide mystery to researchers. The Kinderhook Plates were created by three conspirators who lived in Kinderhook, …

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A Free-Market Environmentalist Approach To Genetically Engineered Foods, Christie Laporte, Walter Block Jan 2005

A Free-Market Environmentalist Approach To Genetically Engineered Foods, Christie Laporte, Walter Block

Santa Clara Journal of International Law

Although great numbers of the world's population still suffer from starvation, the possibility for genetically engineered foods to alleviate the problem creates great controversy. The authors address common concerns raised by anti-market opponents of the genetically engineered food industry and offer free-market approaches to the apparent dilemma. While such opponents always promote government intervention to alleviate the possible negative outcomes to the genetically engineered food solution, the authors illustrate the market's aptitude and methods by which it could prevail over the still existing starvation problem in the absence of any government intervention.;The paper also reinforces that the market is a …

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The Concept Of Jus Cogens And The Obligation Under The U.N. Charter, Kamrul Hossain Jan 2005

The Concept Of Jus Cogens And The Obligation Under The U.N. Charter, Kamrul Hossain

Santa Clara Journal of International Law

Kamrul Hossain, a doctoral candidate at the University of Helsinki, asserts that the language of the United Nations charter is preemptory and, therefore any decision made under the auspices of the Charter, should conform to the norm of jus cogens. The notion of jus cogens returns nation-states to the fundamental idea that state actors are a part of an international community and commands respect for "natural law concepts, which maintain that states cannot be absolutely free in establishing their contractual relations.

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Disclosure, Consumer Choice, And The Liberalization Of Agricultural Trade, Michael Ilg Jan 2005

Disclosure, Consumer Choice, And The Liberalization Of Agricultural Trade, Michael Ilg

Santa Clara Journal of International Law

Michael Ilg, a doctoral candidate at the University of British Columbia, discusses the difficulties and implications of agricultural liberalization in the World Trade Organization. He argues that "consumer choice is primary the means of reconciling the conflict between international trade liberalization and domestic social purpose" and proposes a "theoretical framework that facilitates the benefits of trade while preserving domestic autonomy.

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The Discrimination And Denial Of Fundamental Rights For The People Of Sindh, Kavita Tekchandani Jan 2005

The Discrimination And Denial Of Fundamental Rights For The People Of Sindh, Kavita Tekchandani

Santa Clara Journal of International Law

Kavita Tekchandani, a recent graduate of the University of California Hastings School of Law, presents the plight of the Sindhis of Pakistan. The Sindhis, a people whose history dates back 5,000 years, are an ethnic and linguistic minority in Pakistan and face cultural and environmental discrimination, political oppression and violence. Her article brings to light the history of the Sindhis' struggle to achieve fundamental freedoms as well their current struggle to save and maintain an environmentally sustainable home in Pakistan.

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The European Union And Romanian Mentalitate: A Case Study Of Corruption, Kandis Scott Jan 2005

The European Union And Romanian Mentalitate: A Case Study Of Corruption, Kandis Scott

Santa Clara Journal of International Law

The Santa Clara Journal of International Law brought together a panel of experts to explore issues of both public and private corruption. The keynote speaker was Glenn T. Ware, Senior Officer with the World Bank's Department of Institutional Integrity. Questions considered: How effective are existing treaty regimes and how might they be improved? Must domestic measures be enhanced to improve enforcement capability? Are domestic and international efforts mutually supportive or are they working at cross-purposes?

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Government Corruption And Exploitation Of Indigenous Peoples, Jacqueline Hand Jan 2005

Government Corruption And Exploitation Of Indigenous Peoples, Jacqueline Hand

Santa Clara Journal of International Law

The Santa Clara Journal of International Law brought together a panel of experts to explore issues of both public and private corruption. The keynote speaker was Glenn T. Ware, Senior Officer with the World Bank's Department of Institutional Integrity. Questions considered: How effective are existing treaty regimes and how might they be improved? Much domestic measures be enhanced to improve enforcement capability? Are domestic and international efforts mutually supportive or are they working at cross-purposes?

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Comparative Perspectives On The Office Of Chief Justice, J. Clifford Wallace Jan 2005

Comparative Perspectives On The Office Of Chief Justice, J. Clifford Wallace

Cornell International Law Journal

A comparative study of the duties & activities of Chief Justices indicates that there is considerable variability in the approach of Chief Justices to such things as judicial administration, oversight, & representation. Information was obtained from an informal survey of Chief Justices from 27 countries who were attending a June 2003 Conference of Chief Justices of Asia & the Pacific. Special attention is given to three key aspects of global judicial education: information transmission, training, & peer exchange. The survey responses indicated that Chief Justices encounter similar challenges & share common purposes; however, there are substantial differences in the extent …

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Beyond The Schoolyard: Workplace Bullying And Moral Harassment Law In France And Quebec, Rachel A. Yuen Jan 2005

Beyond The Schoolyard: Workplace Bullying And Moral Harassment Law In France And Quebec, Rachel A. Yuen

Cornell International Law Journal

No abstract provided.

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Theories Of Emergency Powers: A Comparative Analysis Of American Martial Law And The French State Of Siege, William Feldman Jan 2005

Theories Of Emergency Powers: A Comparative Analysis Of American Martial Law And The French State Of Siege, William Feldman

Cornell International Law Journal

No abstract provided.

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The Iraqi Special Tribunal: A Human Rights Perspective, Michael A. Newton Jan 2005

The Iraqi Special Tribunal: A Human Rights Perspective, Michael A. Newton

Cornell International Law Journal

In this article in the Symposium on Milosevic & Hussein on Trial, the author argues that the creation of the Iraq Special Tribunal (IST) is warranted under the existing structure of international law, & accords the highest aspirations of those who purport to believe in the rule of law. The legal authorities for the creation of the Special Iraqi Tribunal in Articles 64 & 43 of the Hague regulations regarding occupation, legal authority through the UN Security Council Resolution 1483, & the Coalitional Provisional Authority are defined. The structure of the IST is described in terms of jurisdictional reach, procedural …

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Letting Bayous Be Bygones: Should Louisiana Be Allowed To Mandate Use Of The Pre-Socialist Vietnam Flag?, Nami Kim Jan 2005

Letting Bayous Be Bygones: Should Louisiana Be Allowed To Mandate Use Of The Pre-Socialist Vietnam Flag?, Nami Kim

Washington International Law Journal

The State of Louisiana recently enacted S.B. 839, a state law that mandates the use of the flag of the former Democratic Republic of Vietnam at all state-sponsored public functions and public schools where Vietnam is to be represented. S.B. 839 has added further tension to the relationship between Vietnam and the United States, which is already strained by the unresolved issue of American prisoners of war ("POWs"), those missing in action ("MIA") in Vietnam, and the recent opening of Vietnam's economy to the rest of the world. Although fifty-nine cities and three other states in the United States have …

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A Commentary On Selected Opinions Of Advocate General Jacobs, Rosa Greaves Jan 2005

A Commentary On Selected Opinions Of Advocate General Jacobs, Rosa Greaves

Fordham International Law Journal

This Article seeks simply to demonstrate, by reference to carefully selected opinions, Advocate General Jacobs' commitment to the establishment of the internal market (as illustrated by HAG II, Leclerc-Siplec, Alpine Investments, and Silhouette) and to the development of a Community legal order in which individual rights are fully protected at national and Community levels (in, for example, Konstantinidis, Vaneetveld, Unilever, and UPA).

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Recovering Iraq's Cultural Property: What Can Be Done To Prevent Illicit Trafficking, Joshua M. Zelig Jan 2005

Recovering Iraq's Cultural Property: What Can Be Done To Prevent Illicit Trafficking, Joshua M. Zelig

Brooklyn Journal of International Law

No abstract provided.

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Table Of Contents, California Western International Law Journal Jan 2005

Table Of Contents, California Western International Law Journal

California Western International Law Journal

No abstract provided.

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Introduction, Bryan A. Liang, M.D., Ph.D., J.D. Jan 2005

Introduction, Bryan A. Liang, M.D., Ph.D., J.D.

California Western International Law Journal

No abstract provided.

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Over The Virtual And Geographic Borders: Understanding Importation And Counterfeit Drugs, Bryan A. Liang, M.D., Ph.D., J.D. Jan 2005

Over The Virtual And Geographic Borders: Understanding Importation And Counterfeit Drugs, Bryan A. Liang, M.D., Ph.D., J.D.

California Western International Law Journal

No abstract provided.

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The Quality Quandary, Edward L. Langston Jan 2005

The Quality Quandary, Edward L. Langston

California Western International Law Journal

No abstract provided.

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Medication Use, Safety, And Nursing Culture: A View Of Potential Counterfeits From The Front Lines, Arlene D. Luu Jan 2005

Medication Use, Safety, And Nursing Culture: A View Of Potential Counterfeits From The Front Lines, Arlene D. Luu

California Western International Law Journal

No abstract provided.

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Reimportation From Canada And Beyond, Andy Troszok, R.Ph. Jan 2005

Reimportation From Canada And Beyond, Andy Troszok, R.Ph.

California Western International Law Journal

No abstract provided.

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Drug Wholesaling And Importation: Challenges And Opportunities, Robert P. Giacalone, R.Ph., J.D. Jan 2005

Drug Wholesaling And Importation: Challenges And Opportunities, Robert P. Giacalone, R.Ph., J.D.

California Western International Law Journal

No abstract provided.

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Piracy 101, James M. Cooper Jan 2005

Piracy 101, James M. Cooper

California Western International Law Journal

No abstract provided.

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Drug Importation And The Hispanic Physician, Rene F. Rodriguez, M.D. Jan 2005

Drug Importation And The Hispanic Physician, Rene F. Rodriguez, M.D.

California Western International Law Journal

No abstract provided.

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Defining Terms In The 1982 Law Of The Sea Convention Iv: The Last Round Of Definitions Proposed By The International Law Association (American Branch) Law Of The Sea Committee, George K. Walker Jan 2005

Defining Terms In The 1982 Law Of The Sea Convention Iv: The Last Round Of Definitions Proposed By The International Law Association (American Branch) Law Of The Sea Committee, George K. Walker

California Western International Law Journal

No abstract provided.

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Table Of Contents, California Western International Law Journal Jan 2005

Table Of Contents, California Western International Law Journal

California Western International Law Journal

No abstract provided.

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Unocal And The Demise Of Corporate Neutrality, Mark D. Kielsgard Jan 2005

Unocal And The Demise Of Corporate Neutrality, Mark D. Kielsgard

California Western International Law Journal

No abstract provided.

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Transnational Corporate Responsibility For International Environmental And Human Rights Violations: Will The United Nations' "Norms" Provide The Required Means?, Tracy M. Schmidt Jan 2005

Transnational Corporate Responsibility For International Environmental And Human Rights Violations: Will The United Nations' "Norms" Provide The Required Means?, Tracy M. Schmidt

California Western International Law Journal

No abstract provided.

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Vessels On The High Seas: Using A Model Flag State Compliance Agreement To Control Marine Pollution, Carmen Casado Jan 2005

Vessels On The High Seas: Using A Model Flag State Compliance Agreement To Control Marine Pollution, Carmen Casado

California Western International Law Journal

No abstract provided.

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Confusion And Contradiction: Untangling Drug Importation And Counterfeit Drugs, Tim Gilbert, Sana Halwani Jan 2005

Confusion And Contradiction: Untangling Drug Importation And Counterfeit Drugs, Tim Gilbert, Sana Halwani

California Western International Law Journal

No abstract provided.

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Symposium - Legal Reform: The Role Of Public Institutions And Legal Culture, California Western International Law Journal Jan 2005

Symposium - Legal Reform: The Role Of Public Institutions And Legal Culture, California Western International Law Journal

California Western International Law Journal

No abstract provided.

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