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Articles 751 - 780 of 32224
Full-Text Articles in Entire DC Network
Regional International Courts In Search Of Relevance: Adjudicating Politically Sensitive Disputes In Central America And The Caribbean, Salvatore Caserta
Regional International Courts In Search Of Relevance: Adjudicating Politically Sensitive Disputes In Central America And The Caribbean, Salvatore Caserta
Duke Journal of Comparative & International Law
The Central American and the Caribbean Courts of Justice (CACJ and CCJ) are hybrid judicial institutions. While their Member States envisioned them as "EU-style" regional economic courts, they have explored the whole extension of their formally delegated functions and have developed peculiar expertise in matters relating to freedom of movement, human and fundamental rights, and other politically fraught issues. The article explains how two International Courts (ICs) seemingly established to build common markets have come to adjudicate high-stakes political disputes, which, ostensibly, have little to do with regional economic integration. The article posits that the scholarship on delegation to ICs …
Restructuring Venezuela's Debt Using Pari Passu, Khaled Fayyad, Dimitrios Lyratzakis
Restructuring Venezuela's Debt Using Pari Passu, Khaled Fayyad, Dimitrios Lyratzakis
Duke Journal of Comparative & International Law
Given the depth of Venezuela's economic crisis, many fear that the government and the state-owned oil company Petroleos de Venezuela, S.A. ("PDVSA") are on the brink of insolvency. In this paper, we introduce a restructuring plan that would allow Venezuela to restructure its external debt in an orderly manner. We propose that Venezuela restructure both PDVSA debt and its own external debt via Exchange Offers. To maximize the number of participating bondholders and receive sufficient debt relief, we suggest that Venezuela primarily utilize the pari passu clauses included in the vast majority of PDVSA and Venezuelan bonds, which are modified …
Equity Extraterritoriality, S. Nathan Park
Equity Extraterritoriality, S. Nathan Park
Duke Journal of Comparative & International Law
Territoriality is a foundational principle of international order, and U.S. laws have always operated on a territorial basis. However, when U.S. jurisprudence speaks of extraterritorial application of its laws, it is usually assessing whether the legislature or the court has jurisdiction over persons, properties and conducts outside of the territorial borders of the United States. This paper argues that such a conception of the extraterritoriality doctrine only reveals half of the picture, because U.S. courts may indirectly apply U.S. law beyond U.S. borders through extraterritorial court orders without relying on extraterritorial jurisdiction. I term such exercise of extraterritorial power "Equity …
Safeguarding The Future Of Bangladeshi Children: The Need For A Comprehensive National Educational System, Samantha A. Barach
Safeguarding The Future Of Bangladeshi Children: The Need For A Comprehensive National Educational System, Samantha A. Barach
Brooklyn Journal of International Law
The United Nations Convention on the Rights of the Child (CRC)—the human rights treaty ratified by the most States Parties—is binding international law which enumerates the rights guaranteed to all children worldwide. Despite the widespread ratification of the CRC, many countries lack the proper legislation and agencies to ensure that these rights are afforded to all children. One such country is Bangladesh. A relatively new country, Bangladesh gained its independence in 1971 and was one of the first twenty countries to ratify the CRC. Notwithstanding this eagerness to promote children’s rights, Bangladeshi children suffer from a high level of abuse …
Tax In The World Of Antitrust Enforcement: European Commission’S State Aid Investigations Into Eu Member States’ Tax Rulings, Nina Hrushko
Tax In The World Of Antitrust Enforcement: European Commission’S State Aid Investigations Into Eu Member States’ Tax Rulings, Nina Hrushko
Brooklyn Journal of International Law
In August 2016, after a two-year investigation, the European Commission issued a negative State aid ruling against Ireland, finding that the country had provided illegal tax benefits to Apple Inc. and requesting the government to collect €13 billion in retroactive taxes from the company. This decision sparked a heated debate around the globe about the European Commission’s authority to interfere into the individual EU Member States’ fiscal policies and order retroactive tax recoveries. This Note explores the application of EU State aid rules to tax laws and, in particular, EU Member States’ tax rulings, and discusses the European Commission’s investigations …
An Arctic Peril: The Pitfalls And Potential Of A Fragmentary Polar Law, Erik Vande Stouwe
An Arctic Peril: The Pitfalls And Potential Of A Fragmentary Polar Law, Erik Vande Stouwe
Brooklyn Journal of International Law
As Arctic ice coverage recedes in the face of rising global temperatures, the Arctic Ocean is rapidly becoming a promising frontier over which coastal nations vie. Even as indigenous peoples reckon with ecological catastrophe, the promise of ice-free summers is drawing global shipping giants to invest in sea routes over the northern coasts of Canada and Russia. Hydrocarbon extraction and deep-sea mining interests are clamoring to develop newly accessible regions of the high north, and fishing trawlers are chasing increasingly elusive fisheries further north with the warming Arctic waters. Against this backdrop, tourists on diesel-hungry cruise ships are rushing to …
The Scrivener’S Secrets Seen Through The Spyglass: Gchq And The International Right To Journalistic Expression, Matthew B. Hurowitz
The Scrivener’S Secrets Seen Through The Spyglass: Gchq And The International Right To Journalistic Expression, Matthew B. Hurowitz
Brooklyn Journal of International Law
As part of the U.K.’s electronic surveillance program, the Government Communications Headquarters (GCHQ), started in 1909 to combat German Spies, now collects metadata from both foreigners and its own citizens. Through the express statutory authority of the Regulation of Investigatory Powers Act of 2000 (RIPA), and a loophole in section 94 of the Telecommunications Act of 1984, the GCHQ collects metadata, which is all of the information that is extrinsic to the actual contents of a communication. The GCHQ can request an authorization from a public authority—a member of its own staff—to collect traffic data, service use information, or subscriber …
Restructuring Intellectual Property Jurisdictions Post-Brexit: Strategic Considerations For The Eu And Britain, Alexandra George
Restructuring Intellectual Property Jurisdictions Post-Brexit: Strategic Considerations For The Eu And Britain, Alexandra George
Brooklyn Journal of International Law
Britain’s decision to “Brexit” from the European Union has caused great uncertainty and justified concern with respect to intellectual property laws and investments. Post-Brexit arrangements between the European Union and Britain have not yet been determined, and it is unclear whether these will be settled with respect to intellectual property law before Brexit is due to take effect in 2019. With intellectual property intensive industries accounting for 88 percent of EU imports and 90 percent of EU exports, British-EU intellectual property arrangements are the subject of intense interest worldwide as intellectual property owners and users speculate as to the likely …
The Violent Persecution Of The Iranian Bahá’Í: A Call To Take A Human Capabilities Approach To Defining Genocide, Camilia R. Brown
The Violent Persecution Of The Iranian Bahá’Í: A Call To Take A Human Capabilities Approach To Defining Genocide, Camilia R. Brown
Brooklyn Journal of International Law
Iran is home to an estimated 300,000 members of the Bahá’í faith, a global religion that originated in Iran in the early nineteenth century. Since the faith’s inception, thousands of Bahá’ís have been killed, imprisoned, and tortured. Today, they are unable to attend colleges and universities, hold business licenses, bury their dead, or gather for worship. Since the Islamic Revolution in 1979, the current regime has worked to systemically impede the progress of the Bahá’í community. While hundreds of Bahá’ís have died at the hands of the current regime, the high threshold for bringing a case under the intent prong …
The “Right” Right To Environmental Protection: What We Can Discern From The American And Indian Constitutional Experience, Deepa Badrinarayana
The “Right” Right To Environmental Protection: What We Can Discern From The American And Indian Constitutional Experience, Deepa Badrinarayana
Brooklyn Journal of International Law
Should there be a constitutional right to environmental protection? Arguments for and against are aplenty, but there is no consensus on this issue. Drawing on the experience within the U.S. and Indian Constitutions, this article posits that the right to environmental protection has normative and practical significance, because a constitutional right attaches to an individual and, hence, can protect an individual from environmental harms, whereas environmental laws, that focus primarily on reducing adverse environmental impact on a general population, may not. It further argues that, to be effective, three constitutionally-embedded rights that are central to preserving the right to environmental …
Willie Beal, Sr.
African American Funeral Programs
Interment: Lincoln Cemetery in Atlanta, Georgia.
The Role Of Orphan Nuclear Receptor Dax-1 (Nr0b1) In Human Breast Cancer Cells: Expression, Proliferation And Metastasis, Erin Dishington
The Role Of Orphan Nuclear Receptor Dax-1 (Nr0b1) In Human Breast Cancer Cells: Expression, Proliferation And Metastasis, Erin Dishington
Master's Theses
The orphan nuclear hormone receptor DAX-1 (Dosage Sensitive Sex Reversal, Adrenal Hypoplasia Congenita on the X Chromosome, gene 1) plays an important role in the development of adrenal and gonadal tissues and functions as a global negative-regulator of steroidogenesis. In addition, it is known to be involved in several diseases including some cancers. Herein, we describe our examination of the role of DAX-1 in breast cancer, specifically its influence on proliferation and metastasis and its expression during progressive stages of disease. In an effort to understand how DAX-1 influences breast cancer cell proliferation and metastasis, we used MCF7 breast cancer …
The Impact Of Democratization And International Exposure To Indonesian Counter-Terrorism, Ali Abdullah Wibisono
The Impact Of Democratization And International Exposure To Indonesian Counter-Terrorism, Ali Abdullah Wibisono
Global: Jurnal Politik Internasional
This article explains the influence of the United States of America to Indonesian counter-terrorism. Two aspects of counter-terrorism are explained: effectiveness and adherence to human rights values. It argues that America’s emphasis on the need to forge security cooperation in responding to terrorism facilitated human rights values to be adopted as justification of counter-terrorism, rather than a balancer to its effectiveness. Indonesia’s cooperation with the U.S in counter-terrorism has facilitated the growth of the restitutive or kinetic measures, but neglects a strengthening of political leadership over institutional development of counter-terrorism. The latter can be judged from the absence of policy-evaluation, …
Vizcaínos: The Scourge Of The Empire And Uncomfortable Identities, Juan Gil-Osle
Vizcaínos: The Scourge Of The Empire And Uncomfortable Identities, Juan Gil-Osle
BOGA: Basque Studies Consortium Journal
What a Vizcaíno is in the literature of the 16th and 17th centuries has always been a puzzle due to the different uses given to the word. The connotation of the term Vizcaíno can go from an insult similar to “thief,” “traitor,” even “Portuguese,” to, in other cases, “stupid,” “gregarious,” or simply different. In other words, the Vizcaíno is a paradigmatic Other, which seems to have become an insider Other (nothing could be more enervating for some in Spain, or more nostalgic for others than the “insiderness” of this quintessential Other). And unfortunately, in this case, otherness has …
Subject — Not Only Object — Of Study: Basque Studies, Aitor Anduaga
Subject — Not Only Object — Of Study: Basque Studies, Aitor Anduaga
BOGA: Basque Studies Consortium Journal
To establish a discipline implies a responsibility. Whose is it? As vascólogos (or experts in Basque studies) and vascófilos (or scholars of the Basque language), our first thought should be addressed to discern the Basque studies as an object of study or as a subject of study. This distinction is fundamental. The historical review of the condition of object and/or subject in these studies reveals a crucial feature that defines both us and the Basque studies: our renunciation of their status of subject. This paper suggests a double task to address this deficiency: instituting, not renouncing, Basque studies as a …
The Main Challenges To 21st-Century Business Administration: The Management Of People And Knowledge. The Ner Group Case, María Alvarez Sainz, Kepa Xabier Apellaniz
The Main Challenges To 21st-Century Business Administration: The Management Of People And Knowledge. The Ner Group Case, María Alvarez Sainz, Kepa Xabier Apellaniz
BOGA: Basque Studies Consortium Journal
This article presents and analyses the main challenges facing business organisations today: the management of people and knowledge, derived from the great transformations caused by the Third and Fourth Industrial Revolutions. A new management model, developed in the Basque Country, and the new style of relationships (ner, using its name form in Spanish – ‘nuevo estilo de relaciones’), shared by organisations of the ner Group, are presented and the main results of a study on their cultural features are demonstrated, as perceived by the people who work with this concept. Ner is based on people (the basic pillars of an …
Water Poverty And Its Impact On Income Poverty And Health Status In Sudan: The Case Of Gezira State (1993-2013), Mutasim Abdelmawla
Water Poverty And Its Impact On Income Poverty And Health Status In Sudan: The Case Of Gezira State (1993-2013), Mutasim Abdelmawla
International Journal of African Development
Water resource development can address poverty, improve well-being, and enhance people's opportunities in different fields of life. Even though water resources are available in Sudan, some parts of the country still continue to face significant water provision challenges. This research is aimed at measuring water poverty in Gezira State, Sudan over the period of 1993-2013 using the methodology of Sullivan et al. (2003). The research employed data collected from the Central Bureau of Statistics, Khartoum, Sudan. Both descriptive and empirical approaches are used to analyze the data. The average incidence of the water poverty index (WPI) over the period under …
Defective Federalism And The Emergence Of Domestic Terrorism In Nigeria, Temitope Peter Ola
Defective Federalism And The Emergence Of Domestic Terrorism In Nigeria, Temitope Peter Ola
International Journal of African Development
The extremist Islamic sect Boko Haram is now feared for its ability to mount both low-scale and audacious attacks in Nigeria. This study attempts a consensual explanation of the defects of Nigerian federalism to facilitate the emergence of Boko Haram terrorism. The study is descriptive and data was obtained from secondary sources. It was found that the insurgence is a manifestation of frustration on account of the national political, religious and economic systems. The paper concludes that Boko Haram insurgence is part of the cycles and trends of unrest in Nigeria; responding to the same broad families of national fixations …
Devolution Of Power And Woreda Or District Development In Benshangul Gumuz Regional State: The Case Of Metkel Zone (North West Ethiopia), Aldo Morka Atnafu
Devolution Of Power And Woreda Or District Development In Benshangul Gumuz Regional State: The Case Of Metkel Zone (North West Ethiopia), Aldo Morka Atnafu
International Journal of African Development
Decentralized governance offers opportunities for achieving development through good governance and community participation at the grass root level (Ayenew, 2007). Ethiopia has adopted two phases of decentralization, namely decentralizing of power from the federal government to the regional level and from the regional to the woreda level (Gebre-Egziabher & Berhanu, 2007). Thus, this study has aimed at assessing the effect of the woreda level decentralization on the development of the Metekel zone. In particular, it examines the nature of political, administrative and fiscal decentralization in woredas. The study was conducted in two selected woreda, Bulen and Mandura. Data were collected …
The Aid Effectiveness Architecture In Africa: An Analysis Of Aid Structures In Kenya’S Agriculture Sector, Daniel Kipleel Borter
The Aid Effectiveness Architecture In Africa: An Analysis Of Aid Structures In Kenya’S Agriculture Sector, Daniel Kipleel Borter
International Journal of African Development
This study examines in detail the development aid architecture in Kenya’s agriculture sector. The focus is on the mechanisms in place within the Kenyan government (and ministry of agriculture in particular), mechanisms among and within donor agencies, and overall coordination mechanisms that bring together the donors and the government. Findings show that coordination and harmonization activities among donors are yet to yield the desired outcomes such as the division of labor protocol and joint programming. Weaknesses are also observed on the government side where it appears authorities are yet to internalize PD concepts and interpret them to suit the country's …
Does Privatization Improve Productivity? Empirical Evidence From Ethiopia, Tadesse Wodajo, Dawit Senbet
Does Privatization Improve Productivity? Empirical Evidence From Ethiopia, Tadesse Wodajo, Dawit Senbet
International Journal of African Development
Theoretically, it is posited that privatization enables the private sector to play a dominant role in the economy by enhancing competition, productivity and efficiency. When evaluated using these criteria, privatization of the manufacturing industries has failed in Ethiopia. Our empirical results show that, at best, privatization did not result in improving productivity, and at worst, it led to a decline in productivity. We argue that the main reason for this outcome is the unique economic and business environment prevailing in Ethiopia, which does not allow the standard economic assumptions of market competition to hold. Ethiopia’s ‘private sector’ can be described …
Intestinal Exposure To Pcb 153 Induces Inflammation Via The Atm/Nemo Pathway, Matthew C. Phillips
Intestinal Exposure To Pcb 153 Induces Inflammation Via The Atm/Nemo Pathway, Matthew C. Phillips
Open Access Dissertations
Polychlorinated biphenyls (PCBs) are persistent organic pollutants that adversely affect human health. Although production of PCBs has stopped, they remain a pressing environmental problem due to their slow biodegradation and high lipophilicity. These properties enable PCBs to bio-accumulate in food chains leading to high levels of PCBs in the tissues of foodstuffs, especially fish. Despite dietary exposure being one of the main routes of exposure to PCBs, the gut has been widely ignored when studying the effects of PCBs. We set out to investigate the effects of PCB 153, the most environmentally prevalent PCB, on the gut, looking specifically for …
Reflection Through Revision: A Master's Portfolio, Laura Hoebing
Reflection Through Revision: A Master's Portfolio, Laura Hoebing
Master of Arts in English Plan II Graduate Projects
This document is a compilation of four essays centered around a theme of reflection and teaching English at a high school level. The essays include pedagogical research on reflective writing, teaching grammar, and standards-based grading in a junior high curriculum, as well as an analytical research essay on the role of the police in two contemporary domestic noir novels.
Faculty Senate Agenda And Minutes, December 11, 2017
Faculty Senate Agenda And Minutes, December 11, 2017
Faculty Senate Minutes and Agendas
Agenda and minutes from the Wright State University Faculty Senate Meeting held on December 11, 2017.
The Senate Blue-Slip Process As It Bears On Proposals To Split The Ninth Circuit, Wyatt Kozinski
The Senate Blue-Slip Process As It Bears On Proposals To Split The Ninth Circuit, Wyatt Kozinski
Journal of Legislation
No abstract provided.
The Ticker, December 11, 2017
The Ticker
The Ticker is the student newspaper of Baruch College. It has been published continuously since 1932, when the Baruch College campus was the School of Business and Civic Administration of the City College of New York.
Moving Beyond Lassiter: The Need For A Federal Statutory Right To Counsel For Parents In Child Welfare Cases, Vivek S. Sankaran
Moving Beyond Lassiter: The Need For A Federal Statutory Right To Counsel For Parents In Child Welfare Cases, Vivek S. Sankaran
Journal of Legislation
No abstract provided.
Sustaining Autonomous Communities In The Modern United States (The United Communities Of America), Lucas Hester
Sustaining Autonomous Communities In The Modern United States (The United Communities Of America), Lucas Hester
Senior Theses
America has become industrialized and characterized by social anxiety and overconsumption. The inability to be sustainable has led the once plentiful and flourishing nation into an ongoing sustainability crisis. Even if there is a deep connection between them, this essay focuses on social sustainability rather than ecological. It argues for an intentional community-based framework to keep American life sustainable. Pollution, civil unrest, and intense social anxiety create unfulfilling life conditions for many American citizens. Using examples from modern American intentional communities, I will explain the need for self-directing, close-knit communities. Flourishing community members, as it will be considered from sociological …
Rocky Horror Sublimation: Identity As A Contingency Of Experience, Josh Harper
Rocky Horror Sublimation: Identity As A Contingency Of Experience, Josh Harper
Senior Theses
Queer theory, as a subfield of feminist theories concerned with revealing epistemic, political, and humanitarian problems of a male-dominated society, has been heavily influenced by its founding thinkers, including Judith Butler, the theorist focused on herein. In critiquing various problems of our western society, Butler preserves the structure underlying such problems: through her approach of a gay/straight framework critiquing a male domination of female, the binary is preserved. This is problematic for many reasons, including its exclusion of perspectives that do not fall cleanly into such dichotomies, namely trans and polysexual ones. By appealing to these, as well as to …
Arguments Against Amalgamation: The Citizen’S Council Battles Integration By Controlling The Narrative, Evelyn S. Kerns
Arguments Against Amalgamation: The Citizen’S Council Battles Integration By Controlling The Narrative, Evelyn S. Kerns
Honors Theses
In 1954, the Supreme Court decision Brown vs. Board of Education eradicated the “separate, but equal” mentality that confined African Americans to the menial state of oppression and exploitation that had plagued their people since they arrived in America. However, this decision did little to neutralize the proclivity to segregation nor did it quell the surmounting racial tensions between black people and the upper echelon of Southern society. Conversely, the federal mandate to integrate public schools roused white supremacists to interpose desegregation through resistance, violence, and fear-mongering propaganda. The most flagrant organization of white supremacists was known as the White …