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2014

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Articles 126271 - 126300 of 136011

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Ending Blind Spot Justice: Broadening The Transparency Trend In International Arbitration, Robert Argen Jan 2014

Ending Blind Spot Justice: Broadening The Transparency Trend In International Arbitration, Robert Argen

Brooklyn Journal of International Law

No abstract provided.


The Doctrine Of Comity In The Age Of Globalization: Between International Child Abduction And Cross-Border Insolvency, Rhona Schuz Jan 2014

The Doctrine Of Comity In The Age Of Globalization: Between International Child Abduction And Cross-Border Insolvency, Rhona Schuz

Brooklyn Journal of International Law

No abstract provided.


The Icty Appellate Chamber's Acquittal Of Momcilo Perisic: The Specific Direction Element Of Aiding And Abetting Should Be Rejected Or Modified To Explicitly Include A "Reasonable Person" Due Diligence Standard, Jennifer Trahan, Erin K. Lovall Jan 2014

The Icty Appellate Chamber's Acquittal Of Momcilo Perisic: The Specific Direction Element Of Aiding And Abetting Should Be Rejected Or Modified To Explicitly Include A "Reasonable Person" Due Diligence Standard, Jennifer Trahan, Erin K. Lovall

Brooklyn Journal of International Law

No abstract provided.


Adapting Like The Animals: The Endangered Species Act As A Model For Human Adaptation To Climate Change, Meghan C. Boland Jan 2014

Adapting Like The Animals: The Endangered Species Act As A Model For Human Adaptation To Climate Change, Meghan C. Boland

Brooklyn Journal of International Law

No abstract provided.


Why Restrictions On The Immigration Of Health Workers Are Unjust, Javier S. Hidalgo Jan 2014

Why Restrictions On The Immigration Of Health Workers Are Unjust, Javier S. Hidalgo

Jepson School of Leadership Studies articles, book chapters and other publications

Some bioethicists and political philosophers argue that rich states should restrict the immigration of health workers from poor countries in order to prevent harm to people in these countries. In this essay, I argue that restrictions on the immigration of health workers are unjust, even if this immigration results in bad health outcomes for people in poor countries. I contend that negative duties to refrain from interfering with the occupational liberties of health workers outweighs rich states’ positive duties to prevent harm to people in sending countries. Furthermore, I defend this claim against the objection that health workers in poor …


Bringing Down The Island: Rebellion, Colonial Hierarchy, And Individualized Leadership In Nuñez’S Novel Prospero’S Daughter, Kristin M.S. Bezio Jan 2014

Bringing Down The Island: Rebellion, Colonial Hierarchy, And Individualized Leadership In Nuñez’S Novel Prospero’S Daughter, Kristin M.S. Bezio

Jepson School of Leadership Studies articles, book chapters and other publications

“Bringing Down the Island: Rebellion, Colonial Hierarchy, and Individualized Leadership in Nuñez’s novel Prospero’s Daughter” offers an analysis of Elizabeth Nuñez’s (2006) novel Prospero’s Daughter and Aimé Césaire’s A Tempest (1969), both of which draw upon multicultural tradition of European and Caribbean literatures, retelling Shakespeare’s The Tempest (1611). The paper is concerned with the ways in which leadership has been transformed from the original story, through Césaire’s text, and into Nuñez’s. Each work acts as an agent of leadership in literary and social terms, attempting to enact paradigmatic shifts away from hierarchy and classification and toward individualized transformational leadership.


Legal And Economic Development With Sui Generis Chinese Characteristics: A Systems Theorist's Perspective, Dr. Xiao Li Jan 2014

Legal And Economic Development With Sui Generis Chinese Characteristics: A Systems Theorist's Perspective, Dr. Xiao Li

Brooklyn Journal of International Law

No abstract provided.


Enforcement Of Securities Law In The Global Marketplace: Cross-Border Cooperation In The Prosecution Of Transnational Hedge Fund Fraud, Junsun Park Jan 2014

Enforcement Of Securities Law In The Global Marketplace: Cross-Border Cooperation In The Prosecution Of Transnational Hedge Fund Fraud, Junsun Park

Brooklyn Journal of International Law

No abstract provided.


Posthumous Reputation And Posthumous Privacy In China: The Dead, The Law, And Social Transition, Dr. Bo Zhao Jan 2014

Posthumous Reputation And Posthumous Privacy In China: The Dead, The Law, And Social Transition, Dr. Bo Zhao

Brooklyn Journal of International Law

No abstract provided.


Out Of Africa: Toward Regional Solutions For Internal Displacement, Leslie Claire Bailey Jan 2014

Out Of Africa: Toward Regional Solutions For Internal Displacement, Leslie Claire Bailey

Brooklyn Journal of International Law

No abstract provided.


Narrowing The Right To Be Forgotten: Why The European Union Needs To Amend The Proposed Data Protection Regulation, Emily Adams Shoor Jan 2014

Narrowing The Right To Be Forgotten: Why The European Union Needs To Amend The Proposed Data Protection Regulation, Emily Adams Shoor

Brooklyn Journal of International Law

No abstract provided.


Enforcing International Law: States, Ios, And Courts As Shaming Reference Groups, Prof. Sandeep Gopalan, Dr. Roslyn Fuller Jan 2014

Enforcing International Law: States, Ios, And Courts As Shaming Reference Groups, Prof. Sandeep Gopalan, Dr. Roslyn Fuller

Brooklyn Journal of International Law

No abstract provided.


Reforming The Sentencing Regime For The Most Serious Crimes Of Concern: The International Criminal Court Through The Lens Of The Lubanga Trial, Ashley Joy Stein Jan 2014

Reforming The Sentencing Regime For The Most Serious Crimes Of Concern: The International Criminal Court Through The Lens Of The Lubanga Trial, Ashley Joy Stein

Brooklyn Journal of International Law

No abstract provided.


Socioeconomic Rights In The Indian Constitution: Toward A Broader Conception Of Legitimacy, Rehan Abeyratne Jan 2014

Socioeconomic Rights In The Indian Constitution: Toward A Broader Conception Of Legitimacy, Rehan Abeyratne

Brooklyn Journal of International Law

No abstract provided.


Using The Julian Assange Dispute To Address International Law's Failure To Address The Right Of Diplomatic Asylum, Thomas Lavander Jan 2014

Using The Julian Assange Dispute To Address International Law's Failure To Address The Right Of Diplomatic Asylum, Thomas Lavander

Brooklyn Journal of International Law

No abstract provided.


The Unspecified Specificity Of Sport: A Proposed Solution To The European Court Of Justice's Treatment Of The Specificity Of Sport, Kevin Kehrli Jan 2014

The Unspecified Specificity Of Sport: A Proposed Solution To The European Court Of Justice's Treatment Of The Specificity Of Sport, Kevin Kehrli

Brooklyn Journal of International Law

No abstract provided.


The Essential Role Of Courts For Supporting Innovation, Erin O'Connor Jan 2014

The Essential Role Of Courts For Supporting Innovation, Erin O'Connor

Vanderbilt Law School Faculty Publications

Commercial parties commonly resolve their disputes in arbitration rather than courts. In fact, some estimate that as many as 90 percent of international commercial contracts opt for arbitration of future disputes, and others claim that some industries never resort to courts. However, a study of arbitration clauses in a wide variety of contracts, including franchise agreements, CEO employment contracts, technology contracts, joint venture agreements and consumer cell phone contracts, reveals that parties very often carve out a right to resort to courts for the resolution of claims designed to protect information, innovation, and reputation. Studies of international and cross-border contracts …


Ay 2013/2014 Fs Meeting Minutes, 2014-01-22, Faculty Senate Jan 2014

Ay 2013/2014 Fs Meeting Minutes, 2014-01-22, Faculty Senate

Faculty Senate Archives

No abstract provided.


The Judicialization Of Politics: The Challenge Of The Ali Principles Of Election Law Project, Steven F. Huefner, Edward B. Foley Jan 2014

The Judicialization Of Politics: The Challenge Of The Ali Principles Of Election Law Project, Steven F. Huefner, Edward B. Foley

Brooklyn Law Review

No abstract provided.


Discretionary Reform: Prosecutorial Discretion As The Only Effective Immigration Reform In Today's Polarized Congress, Paola Uriarte Jan 2014

Discretionary Reform: Prosecutorial Discretion As The Only Effective Immigration Reform In Today's Polarized Congress, Paola Uriarte

Brooklyn Law Review

No abstract provided.


Legitimacy And Autonomy: Values Of The Speaking State, Frank I. Michelman Jan 2014

Legitimacy And Autonomy: Values Of The Speaking State, Frank I. Michelman

Brooklyn Law Review

No abstract provided.


Following Suit With The Second Circuit: Defining Gambling In The Illegal Gambling Business Act, Kaitlyn Dunphy Jan 2014

Following Suit With The Second Circuit: Defining Gambling In The Illegal Gambling Business Act, Kaitlyn Dunphy

Brooklyn Law Review

No abstract provided.


Jump And Pull-In Dynamics Of An Electrically Actuated Bistable Mems Device, Laura Ruzziconi, Stefano Lenci, Mohammad I. Younis Jan 2014

Jump And Pull-In Dynamics Of An Electrically Actuated Bistable Mems Device, Laura Ruzziconi, Stefano Lenci, Mohammad I. Younis

Mechanical Engineering Faculty Scholarship

This study analyzes a theoretical bistable MEMS device, which exhibits a considerable versatility of behavior. After exploring the coexistence of attractors, we focus on each rest position, and investigate the final outcome, when the electrodynamic voltage is suddenly applied. Our aim is to describe the parameter range where each attractor may practically be observed under realistic conditions, when an electric load is suddenly applied. Since disturbances are inevitably encountered in experiments and practice, a dynamical integrity analysis is performed in order to take them into account. We build the integrity charts, which examine the practical vulnerability of each attractor. A …


What Is A "Social" Business And Why Does The Answer Matter?, Justin Blount, Patricia Nunley Jan 2014

What Is A "Social" Business And Why Does The Answer Matter?, Justin Blount, Patricia Nunley

Brooklyn Journal of Corporate, Financial & Commercial Law

No abstract provided.


Hedge Fund Activism Coming To Europe: Lessons From The American Experience, Alexandros Seretakis Jan 2014

Hedge Fund Activism Coming To Europe: Lessons From The American Experience, Alexandros Seretakis

Brooklyn Journal of Corporate, Financial & Commercial Law

No abstract provided.


Sec Regulatory Analysis: "A Long Way To Go And A Short Time To Get There", Jerry Ellig, Hester Peirce Jan 2014

Sec Regulatory Analysis: "A Long Way To Go And A Short Time To Get There", Jerry Ellig, Hester Peirce

Brooklyn Journal of Corporate, Financial & Commercial Law

No abstract provided.


Regulating Channel Checks: Clarifying The Legality Of Supply-Chain Research, Marron C. Doherty Jan 2014

Regulating Channel Checks: Clarifying The Legality Of Supply-Chain Research, Marron C. Doherty

Brooklyn Journal of Corporate, Financial & Commercial Law

No abstract provided.


Deja Vu All Over Again? The Internal Affairs Rule And Entity Law Convergence Patterns In Europe And The United States, Matthew G. Dore Jan 2014

Deja Vu All Over Again? The Internal Affairs Rule And Entity Law Convergence Patterns In Europe And The United States, Matthew G. Dore

Brooklyn Journal of Corporate, Financial & Commercial Law

No abstract provided.


Revisiting The Recidivism - Chapter 22 Phenomenon In The U.S. Bankruptcy System, Edward I. Altman Jan 2014

Revisiting The Recidivism - Chapter 22 Phenomenon In The U.S. Bankruptcy System, Edward I. Altman

Brooklyn Journal of Corporate, Financial & Commercial Law

No abstract provided.


Preserving The Secured Creditor's Bargain In Chapter 11 Cramdown Scenarios, Brian P. Hanley Jan 2014

Preserving The Secured Creditor's Bargain In Chapter 11 Cramdown Scenarios, Brian P. Hanley

Brooklyn Journal of Corporate, Financial & Commercial Law

No abstract provided.