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Unilateral Non-Colonial Secession And The Criteria For Statehood In International Law, Glen Anderson

Brooklyn Journal of International Law

The following article examines the interactions between the right of peoples to unilateral non-colonial (“UNC”) secession and the criteria for statehood in international law. In this respect a three-point thesis is developed. First, it is argued that the law of self-determination has resulted in a less strict application of the criteria for statehood based on effectiveness, particularly the effective government criterion. This means that a state created by UNC secession pursuant to the law of self-determination will not have its statehood called into question if lacks an effective government. Second, it is argued that the declaratory approach to recognition is …

Liberte, Egalite, Fraternite: The United Nations Declaration Of The Rights Of Indigenous Peoples Fails To Protect Hopi Katsinam From The Auction Block In France, Samantha K. Nikic

Brooklyn Journal of International Law

The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) compels member states to take action in order to protect the rights of the world’s 370 million indigenous peoples, including the right to their cultural property. Notwithstanding the UNDRIP’s robust set of protections, its status as a nonbinding piece of international law remains its ultimate and most fatal flaw. France was an enthusiastic supporter of the UNDRIP at ratification, but has effectively abandoned their position. French auction houses and courts have allowed for sales of Native American sacred property to proceed despite the objections of the Hopi Tribe. In …

The Right To No: The Crime Of Marital Rape, Women's Human Rights, And International Law, Melanie Randall, Vasanthi Venkatesh

Brooklyn Journal of International Law

More than half of the world’s countries do not explicitly criminalize sexual assault in marriage. While sexual assault in general is criminalized in these countries, sexual assault perpetrated by a spouse is entirely legal. The human rights violations inhere in acts of violence against women are now well recognized. Yet somehow marital rape is a particular form of gendered violence that has escaped both criminal law sanctions and human rights approbation in a great number of the world’s nations.

This silence in the law creates legal impunity for men who sexually assault or rape the women who are their wives …

2015 Scholarly Productivity Report, Missouri University Of Science And Technology

Civil, Architectural and Environmental Engineering Scholarly Productivity Reports

No abstract provided.

Biases In Thorpe-Scale Estimates Of Turbulence Dissipation. Part I: Assessments From Large-Scale Overturns In Oceanographic Data, Benjamin D. Mater, Subhas K. Venayagamoorthy, Louis St Laurent, James N. Moum

Civil, Architectural and Environmental Engineering Faculty Research & Creative Works

Oceanic density overturns are commonly used to parameterize the dissipation rate of turbulent kinetic energy. This method assumes a linear scaling between the Thorpe length scale LT and the Ozmidov length scale LO. Historic evidence supporting LTLO has been shown for relatively weak shear-driven turbulence of the thermocline; however, little support for the method exists in regions of turbulence driven by the convective collapse of topographically influenced overturns that are large by open-ocean standards. This study presents a direct comparison of LT and LO, using vertical profiles of temperature and microstructure shear collected in the Luzon Strait-a site characterized by …

Frog In The Milk Vat: International Law And The Future Of Israeli Settlements In The Occupied Palestinian Territories, Ariel Zemach

American University International Law Review

No abstract provided.

The Dilemma Of Private Justice Systems: Big Data Sources, The Cloud And Predictive Analytics, Anjanette H. Raymond

Northwestern Journal of International Law & Business

Abstract: In the age of big data, demanding customer expectations, and increasingly limited access to justice for small claims arising from online sales, business organizations are moving to enhanced online customer complaint platforms and insisting upon increased online justice resolution systems. At the same time, online businesses, even websites you fail to think of as a business, are moving from traditional analytics that provide a snapshot of the past, to solutions that provide an accurate picture of the present and a prediction of future trends. For many, predictive analytics is the wave of the future.

In many ways, the use …

Understanding The "Elephants In The Room": A Roadmap To Prepare For Business Negotiations In China And India, Wa Yang

Journal of International Business and Law

No abstract provided.

Training The Next Generation Of Anti-Corruption Enforcers: International Anti-Corruption Curriculum In U.S. Law Schools, Elena Helmer, Mikhail Reider-Gordon

Journal of International Business and Law

No abstract provided.

China's Healthcare Reform: How Patent Laws And Generic Drugs Can Benefit China's Public Health, Patrick Russo

Journal of International Business and Law

No abstract provided.

Of Trucks, Trains, & Ships: Relative Liability In Multimodal Shipping, Amir H. Khoury

Richmond Journal of Global Law & Business

No abstract provided.

Inclusion To Exclusion: Women In Syria, Catherine Moore, Tarsila Talarico

Emory International Law Review

Women have been involved in the Syrian revolution since the start of the first protests but have thus far been excluded from formal peace negotiations. To secure lasting peace following the Syrian conflict, women must be a part of the formal negotiation process. Though Syrian women have been excluded from formal peace negotiations, their re-inclusion is possible, despite the ongoing conflict, as Syrian women are currently participating in informal conflict resolution processes. In their article, Catherine Moore and Tarsila Talarico review the role of women historically in peace processes in Rwanda and Liberia, as well as in Latin America and …

Unbundling Harmonization: Public Versus Private Law Strategies To Globalize Property, Amnon Lehavi

Chicago Journal of International Law

The landscape of supranational institutions is highly diverse, defying a single concept of globalization. Some cross-border mechanisms aim at coordination, which would streamline the movement of capital, goods, services, and persons, but could leave intact a substantial layer of local legal ordering. Other supranational instruments aspire to achieve fuller-scale harmonization, placing more pressure on national legal systems to converge. The global web of bilateral investment treaties may be viewed as settling for coordination, the European Union as increasingly seeking harmonization, and the European Convention of Human Rights as currently located in between.
In the context of property law, this Article …

Foreword, Daniel S.S. Cairns

Washington International Law Journal

When the Pacific Rim Law & Policy Journal was founded in 1990, it focused scholarly attention on a region of the world at the dawn of a new era. The year prior, nations of the Pacific Rim came together to establish Asia-Pacific Economic Cooperation (APEC). At the same time, legal scholars in the United States sought to deepen their understanding of the region. However, despite the obvious and growing importance of Asia to global legal study, there was but one comparable law review focused on the Pacific Rim. Acknowledging the relative scarcity of scholarly fora, this Journal was inaugurated with …

The Surprising Acquittals In The Gotovina And Perišić Cases: Is The Icty Appeals Chamber A Trial Chamber In Sheep’S Clothing?, Mark A. Summers

Richmond Journal of Global Law & Business

No abstract provided.

Mastering A Two-Edged Sword: Lessons From The Rules And Litigation On Safeguards In The World Trade Organization, Julien Chaisse, Debashis Chakraborty, Animesh Kumar

Richmond Journal of Global Law & Business

No abstract provided.

What Is The Role Of International Dispute Resolution In Interpreting Domestic Disputes?, Mark A. Barnett

Case Western Reserve Journal of International Law

No abstract provided.

Reparations For Mass Atrocities As A Path To Peace: After Kiobel V. Royal Dutch Petroleum Co.,, Can Victims Seek Relief At The International Criminal Court?, Hannibal Travis

Brooklyn Journal of International Law

No abstract provided.

International Litigation, Aaron Marr Page, Jonathan I. Blackman, Carmine D. Boccuzzi, Erin Lawrence, Phillip B. Dye Jr., Matthew D. Slater, Howard S. Zelbo, Charles A. Patrizia, Joseph R. Profaizer, Igor V. Timofeyev

The International Lawyer

No abstract provided.

Where Trade And Industrial Policy Converge: How Developing Countries Can Utilize Trade Preferences To Generate Sustainable, Local Growth In The Garment Sector, Collette Van Der Ven

The International Lawyer

The rise of the textile and apparel global value chains and trade preferences has created unprecedented opportunities for developing countries to participate in trade in textiles and apparel. Yet, while some countries have managed to build backward linkages and engage in industrial upgrading, others remain locked in the lower echelons of the textile and apparel value chai

This Article demonstrates that trade preferences and rules of origin alone do not explain countries' diverging experiences in the apparel value chain. Rather, a country's industrial policy is crucial in determining sustainable growth: is it solely export-oriented, or does it balance promoting growth …

International Family Law, Robert G. Spector, Melissa A. Kucinski

The International Lawyer

No abstract provided.

Accord On Fire And Building Safety In Bangladesh: An International Response To Bangladesh Labor Conditions, Benjamin A. Evans

North Carolina Journal of International Law

No abstract provided.

Privacy, E-Commerce, And Data Security, W. Gregory Voss, Katherine H. Woodcock, Cecil Saehoon Chung, Kyoung Yeon Kim, Jai Lee, Doil Son

The International Lawyer

No abstract provided.

Impact Of Conservation Corps Experience On Corps Members, Mat D. Duerden, Michael B. Edwards, Robin Lizzo

Faculty Publications

This study examined the impact of conservation corps experiences on participants. Based upon existing gaps in the conservation corps literature and drawing from research on other comparable programs, this study addressed the following research questions: did involvement in a conservation corps program increase participants' (a) intention to pursue natural resource management related careers or education, (b) positive attitudes towards public lands, and (c) environmental activism? A quasi-experimental design was used to answer these questions. The participant group for the study came from IO different Public Lands Service Coalition corps in the Western United States during the 2011 season. The comparison …

Who Should Bring Home The Bacon? How Deterministic Views Of Gender Constrain Spousal Wage Preferences, Catherin H. Tinsley, Taeya M. Howell, Emily T. Amanatullah

Faculty Publications

Despite the rise of dual-income households in the United States and a narrowing of the nation’s gender wage gap, we find that many men and women still prefer the husband to be the primary breadwinner. To help explain intra-marital wage preferences, we argue for a new construct, gender determinism, which captures the extent to which a person believes gender categories dictate individual characteristics. We show that deterministic views of gender increase both intra-marital wage gap preferences and work choices that may perpetuate the gender wage gap. Our results hold in both student and non-student samples, suggesting some endurance of these …

Who Gets Credit For Input? Demographic And Structural Status Cues In Voice Recognition, Taeya M. Howell, David A. Harrison, Ethan R. Burris, James R. Detert

Faculty Publications

The authors investigate the employee features that, alongside overall voice expression, affect supervisors’ voice recognition. Drawing primarily from status characteristics and network position theories, the authors propose and find in a study of 693 employees from 89 different credit union units that supervisors are more likely to credit those reporting the same amount of voice if the employees have higher ascribed or assigned (by the organization) status— cued by demographic variables such as majority ethnicity and full-time work hours. Further, supervisors are more likely to recognize voice from employees who have higher achieved status— cued by their centrality in informal …

“Not Now:” Using Fmri And Eye Tracking To Improve The Timing Of Security Messages, Bonnie Brinton Anderson, Anthony Vance, C. Brock Kirwan, Jeffrey Jenkins

Faculty Publications

Users remain a weak link in computer security due, in part, to their level of security message disregard. We examine how dual-task interference (DTI) influences fine motor control in the brain in response to security messages, allowing us to develop measures of DTI using mouse-cursor tracking and mobile indicators (e.g., accelerometer and geolocation data) for desktop and mobile devices, respectively.

The Role Of Mobile-Computing Self-Efficacy In Consumer Information Disclosure, Mark J. Keith, Jeffry Babb, Paul Benjamin Lowry, Christopher Furner, Amjad Abdullat

Faculty Publications

Smartphones are increasingly penetrating business and consumer markets, and mobile applications (apps) have engendered a large and innovative market. Whereas apps are useful, they also present new forms of privacy risk associated with users’ personal and location data. However, these dangers do not appear to increase the perceived risk or reduce the trust consumers demonstrate when using apps. Many information technology (IT) trust indicators are well documented, such as the quality of the IT, trust assurances, brand recognition and social influences. However, these traditional indicators appear to have a lesser impact on the adoption of mobile commerce via apps because …

Corporate Sustainability Practices In The Plastics Industry, Bonnie Bachman, Shikhar P. Acharya, Margaret Baumann, Shristy Bashyal

Economics Faculty Research & Creative Works

The objective of the survey for the plastics industry was to determine the role of sustainability in the plastics industry. We also wanted to determine the level of understanding of the concept of sustainability and the degree of commitment that this industry had to sustainability. Is it a passing trend or would it have a substantial impact on the industry and company strategy? In addition, the relation between company size as measured by its revenue and sustainability spending in plastics industry was investigated. It is logical and sensible to think that the bigger the company, the more they are likely …

Fuel Element Combustion Properties For Live Wildland Utah Shrubs, Thomas H. Fletcher, Chen Shen

Faculty Publications

Current field models for wildfire prediction are mostly based on dry or low-moisture fuel combustion research. To better study the live fuel combustion behavior, a laminar flow flat-flame burner was used to provide a convection heating source to ignite an individual live fuel sample. In this research project, four Utah species were studied: Gambel oak (Quercus gambelii), canyon maple (Acer grandidentatum), big sagebrush (Artemisia tridentata), and Utah juniper (Juniperus osteosperma). Leaf geometrical parameters measured included individual leaf total mass, thickness, leaf width, leaf length, and moisture content. Time-stamped images of combustion behavior along with time-dependent mass data were recorded via …