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2013

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The Devil's Advocate: Using Neuroscientific Evidence In International Criminal Trials?, Adam B. Shniderman Jan 2013

The Devil's Advocate: Using Neuroscientific Evidence In International Criminal Trials?, Adam B. Shniderman

Brooklyn Journal of International Law

No abstract provided.


Danger At 700,000 Feet: Why The United States Needs To Develop A Kinetic Anti-Satellite Missile Technology Test-Ban Treaty, Jesse Oppenheim Jan 2013

Danger At 700,000 Feet: Why The United States Needs To Develop A Kinetic Anti-Satellite Missile Technology Test-Ban Treaty, Jesse Oppenheim

Brooklyn Journal of International Law

No abstract provided.


Andrew P. Vance Memorial Writing Competition Winner: Two And A Half Hurdles Between Eurozone Debts And U.S. Courts: How Recent Distressed Foreign Deals Could Soon Be Unwound Domestically, Timothy S. Springer Jan 2013

Andrew P. Vance Memorial Writing Competition Winner: Two And A Half Hurdles Between Eurozone Debts And U.S. Courts: How Recent Distressed Foreign Deals Could Soon Be Unwound Domestically, Timothy S. Springer

Brooklyn Journal of International Law

No abstract provided.


The Dressmaker's Dilemma: Sexual Abuse, Corporate Accountability, And The Convention For The Elimination Of All Forms Of Discrimination Against Migrant Women In Jordan's Qualified Industrial Zones, Nura Skaden Jan 2013

The Dressmaker's Dilemma: Sexual Abuse, Corporate Accountability, And The Convention For The Elimination Of All Forms Of Discrimination Against Migrant Women In Jordan's Qualified Industrial Zones, Nura Skaden

Brooklyn Journal of International Law

No abstract provided.


Detecting Shapes In Noise: Tuning Characteristics Of Global Shape Mechanisms, Gunnar Schmidtmann, Gael E. Gordon, David M. Bennett, Gunter Loffler Jan 2013

Detecting Shapes In Noise: Tuning Characteristics Of Global Shape Mechanisms, Gunnar Schmidtmann, Gael E. Gordon, David M. Bennett, Gunter Loffler

School of Health Professions

No abstract provided.


The Potential For Using Geopolymer Concrete In The Uk, A Heath, K Paine, S Goodhew, M Ramage, M Lawrence Jan 2013

The Potential For Using Geopolymer Concrete In The Uk, A Heath, K Paine, S Goodhew, M Ramage, M Lawrence

School of Art, Design and Architecture

No abstract provided.


Common Materials Turned Deadly: How Much Does America Have To Monitor To Prevent Further Acts Of Terrorism?, Dori Persky Jan 2013

Common Materials Turned Deadly: How Much Does America Have To Monitor To Prevent Further Acts Of Terrorism?, Dori Persky

American University National Security Law Brief

No abstract provided.


Malice Supplies The Age? Assessing The Culpability Of Adolescent Soldiers, Maria Achton Thomas Jan 2013

Malice Supplies The Age? Assessing The Culpability Of Adolescent Soldiers, Maria Achton Thomas

California Western International Law Journal

No abstract provided.


All Other Breaches: State Practice And The Geneva Conventions’ Nebulous Class Of Less Discussed Prohibitions, Jesse Medlong Jan 2013

All Other Breaches: State Practice And The Geneva Conventions’ Nebulous Class Of Less Discussed Prohibitions, Jesse Medlong

Michigan Journal of International Law

With respect to the protections afforded by the Geneva Conventions, a great deal of ink has been spilled in recent years over the two-tiered system of tribunals employed by the United States in its prosecution of enemy combatants in the “war on terror.” Less discussed, though, is the wholly separate two-tiered system for sorting violators of the Geneva Conventions that emerges from the very text of those agreements. This stratification is a function of the Conventions’ distinction between those who commit “grave breaches” and those who merely commit “acts contrary to the provisions of the present convention” or “all other …


A Discursive Approach To Female Circumcision: Why The United Nations Should Drop The One-Sided Conversation In Favor Of The Vagina Dialogues, Kathleen Bradshaw Jan 2013

A Discursive Approach To Female Circumcision: Why The United Nations Should Drop The One-Sided Conversation In Favor Of The Vagina Dialogues, Kathleen Bradshaw

North Carolina Journal of International Law

No abstract provided.


Universal Jurisdiction Over Operation Of A Pirate Ship: The Legality Of The Evolving Piracy Definition In Regional Prosecutions, Samuel Shnider Jan 2013

Universal Jurisdiction Over Operation Of A Pirate Ship: The Legality Of The Evolving Piracy Definition In Regional Prosecutions, Samuel Shnider

North Carolina Journal of International Law

No abstract provided.


The Rule Of Law, Constitutional Reform, And The Death Penalty In The Gambia, Andrew Novak Jan 2013

The Rule Of Law, Constitutional Reform, And The Death Penalty In The Gambia, Andrew Novak

Richmond Journal of Global Law & Business

No abstract provided.


International Law For American Courts: Why The “American Laws For American Courts” Movement Is A Violation Of The United States Constitution And Universal Human Rights, Maria Surdokas Jan 2013

International Law For American Courts: Why The “American Laws For American Courts” Movement Is A Violation Of The United States Constitution And Universal Human Rights, Maria Surdokas

University of Baltimore Journal of International Law

In recent years, the “American Laws for American Courts” movement has swept across the country in an attempt to ban international law from U.S. state courts. This article specifically examines the Oklahoma Save Our State Amendment and the Arizona Foreign Decisions Act. In doing so, it addresses both the constitutional and policy problems with these attempts, observing that what the states have been trying to do is neither legal nor practical. It analyzes the inability of individual states to unilaterally avoid compliance with the United States’ international law obligations. It notes the absurdity in outlawing international law in order to …


Comments: At The Intersection Of National Interests And International Law: Why American Interests Should Assume The Right Of Way, Clark Smith Jan 2013

Comments: At The Intersection Of National Interests And International Law: Why American Interests Should Assume The Right Of Way, Clark Smith

University of Baltimore Journal of International Law

Following the interwar period and disastrous results of an isolationist foreign policy, the United States changed course coming out of the Second World War. Assuming the global leadership role, the U.S. led the international effort to design and build the international institutions and organizations that would ensure and manage the global recovery from the war that ravaged the world’s economy, deter future wars by providing checks on and a balance of power, and that would ensure, to some degree, international systems based on rule of law. Pursuit of U.S. interests should, when possible, be carried out within that international legal …


After The Revolution: Egypt's Changing Forms Of Corruption, M. Patrick Yingling, Mohamed A. Arafa Jan 2013

After The Revolution: Egypt's Changing Forms Of Corruption, M. Patrick Yingling, Mohamed A. Arafa

University of Baltimore Journal of International Law

Egypt’s revolution of January 25, 2011 was impelled by a desire to eliminate “conventional corruption,” a particular kind of corruption that occurs when government officials illegally abuse public office for private gain. Illegal quid pro quo transactions, including acts of bribery, are prominent examples of conventional corruption. This form of corruption is to be contrasted with “unconventional corruption,” a form of corruption that has (thus far) been absent in Egypt. Unconventional corruption occurs when elected officials put personal campaign finances ahead of the public interest without engaging in a quid pro quo transaction. These different forms, conventional and unconventional corruption, …


Comments: Stuck Between A Rock And A Hard Place: Does Lebanon Have A Responsibility To Respect Syrian Refugees?, Robert Demirji Jan 2013

Comments: Stuck Between A Rock And A Hard Place: Does Lebanon Have A Responsibility To Respect Syrian Refugees?, Robert Demirji

University of Baltimore Journal of International Law

This comment looks at the current crisis in Syria and its effect on Lebanon. This comment first looks at the recent history of Lebanon stemming from the entrance of Palestinians into Lebanon after their deportation of Israel to Lebanon today. Thereafter, this comment looks at the evolution of the responsibility to protect doctrine from the Universal Declaration of Human Rights, to the 2005 World Summit Outcome Report to the 2009 Secretary General Report on Responsibility to Protect. This comment addresses the role of both Lebanon and the international community in its responsibility to protect Syrian refugees. This comment concludes with …


Depoliticizing Sovereign Wealth Funds Through International Arbitration, Meg Lippincott Jan 2013

Depoliticizing Sovereign Wealth Funds Through International Arbitration, Meg Lippincott

Chicago Journal of International Law

Since their inception in the 1950s, Sovereign Wealth Funds (SWFs) have dramatically expanded with the purpose of investing government revenue and maximizing returns for states with surplus funds. While SWF investments benefit their sovereign owners and can bring stability and growth to the economies the) invest in, concerns about the use of investments for political gains and about the defense of national security have led to calls for regulation of SWF investment worldwide. But rather than entangle these investments in a series of varied and complex domestic law solutions, this Comment argues that SWF investment can be effectively monitored through …


George P. Smith, Ii's Law And Bioethics - Intersections Along The Mortal Ciol, Michael Donald Kirby The Honourable Jan 2013

George P. Smith, Ii's Law And Bioethics - Intersections Along The Mortal Ciol, Michael Donald Kirby The Honourable

Indiana Journal of Global Legal Studies

No abstract provided.


Some Legal Considerations For E.U. Based Mnes Contemplating High-Risk Foreign Direct Investments In The Energy Sector After Kiobel V. Royal Dutch Petroleum And Chevron Corporation V. Naranjo, Jeffrey A. Van Detta Jan 2013

Some Legal Considerations For E.U. Based Mnes Contemplating High-Risk Foreign Direct Investments In The Energy Sector After Kiobel V. Royal Dutch Petroleum And Chevron Corporation V. Naranjo, Jeffrey A. Van Detta

South Carolina Journal of International Law and Business

No abstract provided.


Constitutional Provisions Making Sharia "A" Or "The" Chief Source Of Legislation: Where Did They Come From? What Do They Mean? Do They Matter?, Clark B. Lombardi Jan 2013

Constitutional Provisions Making Sharia "A" Or "The" Chief Source Of Legislation: Where Did They Come From? What Do They Mean? Do They Matter?, Clark B. Lombardi

American University International Law Review

No abstract provided.


State Obligations Concerning Indigenous Peoples' Rights To Their Ancestral Lands: Lex Imperfecta?, Jernej Letnar Cernic Jan 2013

State Obligations Concerning Indigenous Peoples' Rights To Their Ancestral Lands: Lex Imperfecta?, Jernej Letnar Cernic

American University International Law Review

No abstract provided.


Canadian V. American Defamation Law: What Can We Learn From Hyperlinks, Mitchell Drucker Jan 2013

Canadian V. American Defamation Law: What Can We Learn From Hyperlinks, Mitchell Drucker

Canada-United States Law Journal

No abstract provided.


International Financial Instability And The Financial Stability Board, G. A. Walker Jan 2013

International Financial Instability And The Financial Stability Board, G. A. Walker

The International Lawyer

No abstract provided.


Europe, Marie Tedesco Scott, Samantha Munroe, Nikolas De Bremaeker, Patrick Del Duca, Wojciech Baginski, Michal Bernaczyk, Sofie Bille-Steenberg, Trevor Bridges, Alexander Darraby, Emma Doherty, Pat English, Anders Etgen Reitz, Maryna Ilchuk, Florian S. Jörg, Manfred Ketzer, Virginia Keyder, Rikke Line Lyngaae Rasmussen, Oline Nowicki, Wolfram Rehbock, Elena Sabkova, Marc Shelley, Richard Silberstein, Irene Siurana Sieiro, Stefano M. Viola, Anne Wagner-Findeisen, Larry White, Michal Zolubak Jan 2013

Europe, Marie Tedesco Scott, Samantha Munroe, Nikolas De Bremaeker, Patrick Del Duca, Wojciech Baginski, Michal Bernaczyk, Sofie Bille-Steenberg, Trevor Bridges, Alexander Darraby, Emma Doherty, Pat English, Anders Etgen Reitz, Maryna Ilchuk, Florian S. Jörg, Manfred Ketzer, Virginia Keyder, Rikke Line Lyngaae Rasmussen, Oline Nowicki, Wolfram Rehbock, Elena Sabkova, Marc Shelley, Richard Silberstein, Irene Siurana Sieiro, Stefano M. Viola, Anne Wagner-Findeisen, Larry White, Michal Zolubak

The International Lawyer

No abstract provided.


A Political Economy Approach To Reforming The Foreign Corrupt Practices Act, Matthew C. Turk Jan 2013

A Political Economy Approach To Reforming The Foreign Corrupt Practices Act, Matthew C. Turk

Northwestern Journal of International Law & Business

Prohibitions against transnational bribery suffer from a paradoxical problem of simultaneous over- and under-enforcement. On the “supply-side,” U.S. enforcement against bribery through the Foreign Corrupt Practices Act (FCPA) is increasingly over-aggressive, while enforcement by other developed economies is nearly non-existent. On the “demand-side,” governments of developing economies where bribes take place often have neither an interest in nor the capacity to rein in their corrupt officials. In light of these shortcomings, this Article proposes reforming the FCPA as follows. First, the SEC should cease paying profits disgorged by corporate defendants into the U.S. Treasury. Second, disgorgements should instead be transferred …


Not So Safe Haven: Reducing Tax Evasion By Regulation Correspondent Banks Operating In The United States, Michael A. Berger Jan 2013

Not So Safe Haven: Reducing Tax Evasion By Regulation Correspondent Banks Operating In The United States, Michael A. Berger

Journal of International Business and Law

No abstract provided.


Punishing The Pen With The Sword?: Colombia's New, Extreme, And Ineffective Punishment For Plagiarism, David Cromwell Jan 2013

Punishing The Pen With The Sword?: Colombia's New, Extreme, And Ineffective Punishment For Plagiarism, David Cromwell

Washington International Law Journal

The Colombian Supreme Court of Justice recently sentenced a professor to two years in prison for plagiarizing a student’s thesis, an extreme punishment by both comparative and Colombian standards. Despite its severity and global ramifications, the decision has received little attention within the English-speaking legal community. This comment provides an overdue analysis of the case and clarifies the current state of Colombian copyright law, both on the books and on the ground. The comment argues that while the case has clarified that plagiarism is a crime in Colombia, addressing academic plagiarism through criminal punishment will likely do little to deter …


Banking Union And Single Market: Conflict Or Companionship?, Rose Lastra Jan 2013

Banking Union And Single Market: Conflict Or Companionship?, Rose Lastra

Fordham International Law Journal

No abstract provided.


Global Warming Heats Up The American-Canadian Relationship: Resolving The Status Of The Northwest Passage Under International Law, William Y. Kim Jan 2013

Global Warming Heats Up The American-Canadian Relationship: Resolving The Status Of The Northwest Passage Under International Law, William Y. Kim

Canada-United States Law Journal

No abstract provided.


Climate Hope: Implementing The Exit Strategy, Henry Shue Jan 2013

Climate Hope: Implementing The Exit Strategy, Henry Shue

Chicago Journal of International Law

While Eric A. Posner and David Weisbach advocate that climate change and poverty be tackled separately, the realiZaion that only a single cumulative carbon emissions budget is available to accommodate all nations through all centuries of the current millennium shows why efforts to confront these two challenges are inextricably linked Once carbon dioxide from fossil fuels reaches the atmosphere, most molecules remain for several centuries. Therefore, most additions of carbon dioxide to the atmosphere are effectively net additions to a rapidly swelling total accumulation. Total cumulative atmospheric carbon correlates strongly with maximum surface temperature. It is, consequently, urgent to cease …