Digital Commons Network^™

Expansive Rights: Fdr’S Proposed “Economic” Bill Of Rights Memorialized In The International Covenant On Economic, Social, And Cultural Rights, But With Little Impact In The United States, Patrick J. Austin

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

Google V. Spain: A Right To Be Forgotten?, Ignacio Cofone

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

Controversy: Gay Rights In India: Matter Of Naz Foundation Decision, Nick Brankle

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

Case: International Criminal Court Prosecutor V. Bosco Ntaganda, Anna Kuniewicz

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

Supreme People's Court Annual Report On Intellectual Property Cases (2013) (China), Tong Li, Xiaohan Lou, Zhenan Wang, Qiuwen Xu

Washington International Law Journal

The Supreme People’s Court of China began publishing its Annual Report on Intellectual Property Cases in 2008. The annual reports, published in April of each year, summarize and review new intellectual property cases. This translation includes all 30 cases and 39 legal issues of the 2013 Annual Report. It addresses patent law, trademark law, copyright law, unfair competition, contractual intellectual property rights, liability of intellectual property infringement, and intellectual property litigation procedure and evidence. While China is not a common law country, these cases and guidelines provide lower courts with meaningful insight and direction.

New Formalities For Casual Labor: Addressing Unintended Consequences Of China's Labor Contract Law, Daniel S.S. Cairns

Washington International Law Journal

China’s Labor Contract Law (“LCL”) came into force on January 1, 2008. The first major piece of labor legislation since the 1994 Labor Law, the Labor Contract Law expanded legal protection for workers by mandating that labor contracts be in writing and delivered to all workers. Employers, predicting that the law would effectively raise the cost of employing full-time, long-term workers, sought methods of “creative compliance” with the law. One avenue for creative compliance emerged through the loophole in the LCL for so-called “dispatch workers.” Dispatch workers are formally employed by third-party dispatch service agencies and thus not covered by …

The Principality Of Sealand, And Its Case For Sovereign Recognition, Andrew H.E. Lyon

Emory International Law Review

Andrew H. E. Lyon argues for the recognition of the Principality of Sealand as a nation proper. His argument for such recognition extends beyond Sealand's future. The international legal community's acceptance of the changing world and the necessity of flexible ideologies should grow alongside our changing planet. Complaints disfavoring Sealand's statehood claims range from its man-made nature, its lack of a recognizable citizenry, and England's de jure ownership of the territorial sea in which Sealand resides. These complaints are backed by scholarship, and neighboring nations allege that various judicial opinions support their stance. Lyon agues, however, that recognition of Sealand's …

The Benefits And Dangers Of Proportionality Review In Israel's High Court Of Justice, Michael Kleinman

Emory International Law Review

In the landmark case Beit Sourik Village Council vs. the Government of Israel, the Israeli High Court of Justice grappled with a highly charged question: should a state have to sacrifice its security to improve human rights? The court answered in the affirmative and held that certain sections of Israel's controversial security fence could not be built as planned. In these sections, the loss of human rights outweighed the security benefit of placing the fence through certain villages. Scholars focused on the court's proportionality review, which was the seminal aspect of the case. Through Beit Sourik and similar cases, this …

Future War And The War Powers Resolution, Eric Talbot Jensen

Emory International Law Review

Since its passage in 1973 over the veto of then-President Nixon, the War Powers Resolution (WPR) has failed in its design to require notification and consultation to Congress by the President. Amidst emerging technologies such as drones, cyber tools, nanotechnology, and genomics, the ineffectiveness of the WPR will prove even more profound. As American presidents analyze the applicability of the WPR to military operations using these advancing technologies, they will have no reporting requirements because the WPR is not triggered. For the WPR to fulfill its original purpose, Congress must amend the statute to cover emerging technologies, expanding the coverage …

Social Media And Conflict Mapping In Syria: Implications For Peacemaking, International Criminal Prosecutions And For Trc Processes, Paul J. Zwier

Emory International Law Review

Following the end of the civil war in Syria, the country will face a transition from its present form of government into a new transitional government. The transitional period will need to provide healing and reconciliation between the parties as well as deal with the atrocities committed by all sides of the conflict. In his article, Professor Zwier reviews five options for dealing with atrocities committed and argues for adopting a mix of formal judicial proceedings and an informal mediation process. The article reviews the impact and role that social media postings and conflict mapping projects will have on future …

Reference Pricing: An Effective Model For The U.S. Pharmaceutical Industry?, Marie Salter

Northwestern Journal of International Law & Business

The pharmaceutical industry stands at a peculiar place in the United

States. It is one of the largest industries in the United States, “enjoy[ing] profit

margins nearly four times that of the average Fortune 500 company.” It is also

a global leader, responsible for an enormous amount of research and

development. Despite its size and power, the U.S. pharmaceutical industry is

largely reviled, Perhaps what differentiates the U.S. pharmaceutical industry

from the pharmaceutical industries of other nations is its “free market” price

setting. Other nations, particularly those in the European Union, use

government price controls to keep pharmaceutical prices low. …

Can We Make Them Obey? U.S. Reporting Companies, Their Foreign Suppliers, And The Conflict Minerals Disclosure Requirements Of Dodd-Frank, Mckay S. Harline

Northwestern Journal of International Law & Business

§ 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection

Act targets human rights abuses abroad, rather than financial reforms at

home. It requires certain reporting companies to make disclosures about the

conflict minerals necessary in the production or function of their products. After

repeated delays, the SEC finalized a conflict minerals disclosure rule, outlining

the process companies must follow to satisfy their disclosure obligations. This

comment discusses that process, as well as the costs imposed on the companies

required to make conflict minerals disclosures. It also highlights an important

effect of those costs: reporting companies will seek to …

Nunc Dimittis Or Chef Cornerstone?: Evaluating Africa's International Norm-Development Experiment In The Chad-Cameroon Pipeline Project, Emeka Duruigbo

Northwestern Journal of International Law & Business

Africa extended and strengthened its status as a maker of international

law by spearheading the creation and implementation of the norm of “shared

sovereignty” in international criminal adjudication and the management of petroleum

resources through the Special Court for Sierra Leone that was established

to prosecute the principal actors in a devastating war in West Africa in

the 1990s and through the Chad–Cameroon Oil Pipeline Project that created a

model for effective production and utilization of natural resources for national

development. This article argues that by situating itself at the forefront of the

shared sovereignty experience, Africa is making significant …

The Migration Of Constitutional Ideas To Regional And International Economic Law: The Case Of Proportionality, Valentina Vadi

Northwestern Journal of International Law & Business

The adjudication of regional and international economic disputes has

become the final frontier in the migration of constitutional ideas. The migration

of these ideas across different branches of law has become increasingly common,

building bridges between different legal systems, furthering judicial dialogue,

and allowing judicial borrowing. Scholars, adjudicators and practitioners

“establish a transnational legal discourse and act as merchants of law.”

Against this background, this study investigates the migration of constitutional

ideas to regional and international economic law by focusing on the migration

of the concept of proportionality from constitutional law to European Union

(EU) law and international investment law. …

Supersize Them? Large Banks, Taxpayers And The Subsidies That Lay Between, Nizan Geslevich Packin

Northwestern Journal of International Law & Business

Abstract: In 2013, media reports sent shockwaves across financial markets by

estimating that the value of the combined financial advantages and subsidies for

the six biggest U.S. banks since the start of 2009 was at least $102 billion. Follow-

up reports estimated that the profits of two of America’s largest banks

would have been negative if not for implicit and explicit government subsidies.

The most significant implicit subsidy stems from market perception that the government

will not allow the biggest banks to fail—that they are “too-big-to-fail”

(TBTF)—enabling them to borrow at lower interest rates. This article focuses

on two main …

When Baby Steps Just Won't Work: Small Farmers Are Our Best Hope Reducing Food Insecurity And We Are Not Doing Enough, Anjanette H. Raymond, Abby Stemler

Northwestern Journal of International Law & Business

The concept of “baby steps” is well-known among psychologists and

movie buffs alike. In the classic movie “What About Bob,” Dr. Leo Marvin

(played by Richard Dreyfuss) gives to Bob (Bill Murray), a highly dependent

and worried individual, a copy of his book Baby Steps. Dr. Marvin explains, “It

means setting small, reasonable goals for yourself. One day at a time, one tiny

step at a time—doable, accomplishable goals.” For many, the concept of “baby

steps,” methodically working on simple, constrained pieces of a problem, is a

useful approach in solving complex and difficult problems. Unfortunately, accomplishing

large goals through …

Is China Creating A New Business Order? Rationalizing China's Extraterritorial Attempt To Expand The Veil-Piercing Doctrine, Wei Shen, Casey Watters

Northwestern Journal of International Law & Business

Countries are increasingly using tax policy as an instrument to navi-gate through the recent global financial difficulties, and China is no exception. In an effort to avoid the loss of tax revenue resulting from the utilization of for-eign holding companies, the Chinese tax authority issued Circular 698 granting itself the authority to tax transactions between foreign entities taking place out-side of China if the transactions effectively transfer interest in a domestic enter-prise. The phrase “denying the existence of an offshore holding company which is used for tax planning purposes” in Circular 698 appears to share similarities with the veil-piercing doctrine, …

Terror In The Press: How The U.K.’S Threatened Criminalization Of The Guardian Under The Terrorism Act 2000 Would Violate Article 10 Of The European Convention On Human Rights, Christa Elliott

American University International Law Review

No abstract provided.

Circassian Right Of Return: “Putin The Terrible Or Putin The Enlightened?”, Mason Wiley

American University International Law Review

No abstract provided.

Disparate Treatment Of Mexican Unaccompanied Alien Children: The United States' Violation Of The Trafficking Protocol, Supplementing The Un Convention Against Transnational Organized Crime, Alejandra Aramayo

American University International Law Review

No abstract provided.

Going Green: Managing The Environment Through International Investment Arbitration, Christina L. Beharry, Melinda E. Kuritzky

American University International Law Review

No abstract provided.

Rape By Any Other Name: Mapping The Feminist Legal Discourse Regarding Rape In Conflict Onto Transitional Justice In Cambodia, Sarah Diebler

American University International Law Review

No abstract provided.

Who Owns Villa La Pietra? The Story Of A Family, Their Home, And An American University Under Italian Law, Felicia Caponigri

Notre Dame Journal of International & Comparative Law

In 1994 Harold Acton, son of Arthur Acton, an English art dealer in Florence, and Hortense Mitchell Acton, an American banking heiress, donated his family home, Villa La Pietra, to New York University. Today, this Tuscan villa is at the center of a declaration of paternity lawsuit and a claim of inheritance brought by Liana Beacci, Arthur Acton's daughter by his Italian secretary. In this Note, Felicia Caponigri presents the facts of the case, focusing on the provenance of the Villa, and the procedural posture of the case. Caponigri applies Italian law to argue that New York University might claim …

Changing The Rules Of The (International) Game: How International Law Is Turning National Courts Into International Political Actors, Osnat Grady Schwartz

Washington International Law Journal

Courts are known to be political actors. National courts play the political game in the national domain. International courts play it in the international sphere. This article studies the transformation of national courts into international political actors (IPAs), and the part international law plays in so making them. The article identifies, categorizes, and demonstrates the influence of national courts and judges on international relations (IR), separating the influence into two main categories: direct and indirect. Direct influence, is the effect of a national court taking a position on international issues in concrete situations with immediate IR implications. Indirect influence is …

Legal Reform And The Chongquing Effect: Two Steps Forward One Step Back?, Veronica Pastor

University of Baltimore Journal of International Law

For those steeped in the Western legal tradition, the Chinese political and legal system is, in the famous words of Winston Churchill, a riddle wrapped in a mystery inside an enigma.1 Of course, Churchill was describing the potential actions of Russia, not China.2 But, to continue borrowing from Churchill, perhaps there is a key – Chinese national interest and the interest of the Chinese Communist Party.3 This research explores the interaction between political, economic, and legal reform, and posits that the Chongqing incident4 was ultimately a positive turning point in the country’s institutional development. The theory presented herein is that …

Emerging Issues: The Case Of Maria Teresa Rivera: The Fight For Reproductive Rights In El Salvador, Carisa Hatfield

University of Baltimore Journal of International Law

In 2011, Maria Teresa Rivera, then a 27-year-old garment factory worker and single mother of a five-year-old son, was working an afternoon shift when she started bleeding. She left work for home and was found later passed out in the bathroom by her mother who took her to the hospital. There she learned she had suffered a miscarriage from a pregnancy that she did not know about, but instead of being treated and released, the hospital reported Maria to the police for aborting her unborn child. She was handcuffed to her hospital bed while seven police officers surrounded and questioned …

Peering Into The Future: Three Essays On The Nascent Phenomenon Of Collaborative Consumption, Rebeca Dellegrazie-Perren

Electronic Theses and Dissertations

The primary objective of this dissertation is to examine the theoretical and practical implications of the collaborative consumption phenomenon for individuals, businesses and society. To accomplish this goal, a research approach at three levels of analysis is used to explore how market institutions and consumer practices negotiate a social order that combines the social domain of peers with the economic domain of market exchange. The first essay of the dissertation approaches this objective from a macro level to examine how social order is produced and sustained through the systemic interactions of service firms and peers. This essay provides a framework …

An Evaluation Of The Factor Structure, Reliability And Construct Validity Of The Male Role Norms Inventory-Revised For African American/Black Men, Wilfred Michael Allen

Wayne State University Dissertations

Background: In the United States, on average, men die nearly five years younger than women. Among men, the life expectancy for African American/Blacks is 72.1 years compared to 76.6 years for White/European Americans. African-American/Black men experience an earlier onset and more severe disease with higher rates of complications than White/European American men. Masculinity ideology has been identified by researchers as having an influence on health behaviors and ultimately health outcomes. Based on prior research literature, higher levels of masculinity ideology have been associated with fewer health promoting behaviors. As such, there is a need for a reliable and valid measure …

Dna Aptamers Selected Against Wild-Type Helix 69 Ribosomal Rna And Their Implications In Combating Antibiotic Resistance, Sakina Miriam Hill

Wayne State University Dissertations

Outbreaks of advanced antibiotic-resistant strains of microbes have hastened the need to identify new viable molecular targets for the development of novel anti-infectives. For this purpose, helix 69 (H69, or m3a 19-nucleotide (nt) hairpin motif that is highly conserved throughout phylogeny and rich in modified nucleotides, including pseudouridine () and 3-methylpseudouridine (m3) was chosen as a potential target. Helix 69, which is located in domain IV of Escherichia coli 23S ribosomal RNA (rRNA), undergoes conformational changes when in close proximity to the decoding region of 16S rRNA and transfer RNAs (tRNAs) in the peptidyl-transferase center (PTC). Functionally, the exact biological …

Disciplinary Mythologies: A Rhetorical-Cultural Analysis Of Performance Enhancement Technologies In Sports, John Lamothe

Electronic Theses and Dissertations

In sports discourse, the relationship between athletics and technology is often paradoxical. On the one hand, modern sports rely on technology at every level, from training and tracking of players to the equipment and apparel used by athletes to the game strategies and playing fields themselves. Nearly all of these technologies are intended to increase athletic performance on some level. And yet, certain performance enhancement technologies can be criticized for being antithetical to the spirit of sports, which is framed as being a strictly natural and pure human endeavor. Using a rhetorical-cultural methodological approach, popular sports discourse is analyzed to …