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Articles 1 - 30 of 644
Full-Text Articles in Law
Implications For The Future Of Global Data Security And Privacy: The Territorial Application Of The Stored Communications Act And The Microsoft Case, Russell Hsiao
Catholic University Journal of Law and Technology
No abstract provided.
Authoritarian Member States In International Organizations, Matt Barg
Authoritarian Member States In International Organizations, Matt Barg
Master's Theses
This thesis investigates under which conditions do authoritarian Member States exist in International Organizations that require democratic governance in their treaty law. The European Union is used as a case study along with two of its Member States that are in the process of transitioning to democracy from previous authoritarian regimes—Hungary and Romania. This thesis employs stealth authoritarian theory to analyze how a democratizing Member State may violate these laws and revert to authoritarian governance. It also critiques international enforcement mechanisms to consider their effectiveness to enforce their laws and norms as well as prevent an authoritarian reversal. Finally, cultural …
The Role Of The State, Multinational Oil Companies, International Law & The International Community: Intersection Of Human Rights & Environmental Degradation Climate Change In The 21st Century Caused By Traditional Extractive Practices, The Amazon Rainforest, Indigenous People And Universal Jurisdiction To Resolve The Accountability Issue, Marcela Cabrera Luna
Master's Theses
Local, national and international conventions that protect indigenous sovereignty and their territories, where many of the resources are extracted from by multinational corporations (MNCs) particularly oil, the number one commodity of the world and cause of climate change, continue to be jeopardized because of the lack of a clear international legal framework that can protect them and potentially hold multinationals accountable for their actions. These practices are causing not only environmental issues to the indigenous and surrounding communities, but climate change is in fact, the real human rights issue of the 21st century and it affects everyone. By using …
Tilting Toward The Light: Translating The Medieval World On The Ming-Mongolian Frontier, Carla Nappi
Tilting Toward The Light: Translating The Medieval World On The Ming-Mongolian Frontier, Carla Nappi
The Medieval Globe
Ming China maintained relationships with neighboring peoples such as the Mongols by educating bureaucrats trained to translate many different foreign languages. While the reference works these men used were designed to facilitate their work, they also conveyed a specific vision of the past and a taxonomy of cultural differences that constitute valuable historical sources in their own right, illuminating the worldview of the Chinese-Mongolian frontier.
Japan On The Medieval Globe: The Wakan Rōeishū And Imagined Landscapes In Early Medieval Texts, Elizabeth Oyler
Japan On The Medieval Globe: The Wakan Rōeishū And Imagined Landscapes In Early Medieval Texts, Elizabeth Oyler
The Medieval Globe
This essay explores how the poetry collection Wakan rōeishū becomes an important allusive referent for two medieval Japanese works, the travelogue Kaidōki and the nō play Tsunemasa. In particular, it focuses on how Chinese poems from the collection become the means for describing Japanese spaces and their links to power, in the context of a changing political landscape.
The Painter, The Warrior, And The Sultan: The World Of Marco Polo In Three Portraits, Sharon Kinoshita
The Painter, The Warrior, And The Sultan: The World Of Marco Polo In Three Portraits, Sharon Kinoshita
The Medieval Globe
In the wake of Edward Said’s Orientalism and postcolonial theory, Marco Polo is often cast as a quintessentially Western observer of Asian cultures. This essay seeks to break his text out of the binaries in which it is frequently understood. Returning the text to its original title, “The Description of the World,” it reconstructs the diversity of late thirteenth-century Asia through the portraits of three figures who were Marco’s contemporaries.
Towards A Connected History Of Equine Cultures In South Asia: Bahrī (Sea) Horses And “Horsemania” In Thirteenth-Century South India, Elizabeth Lambourn
Towards A Connected History Of Equine Cultures In South Asia: Bahrī (Sea) Horses And “Horsemania” In Thirteenth-Century South India, Elizabeth Lambourn
The Medieval Globe
This article explores ways that the concept of equine cultures, developed thus far principally in European and/or early modern and colonial contexts, might translate to premodern South Asia. As a first contribution to a history of equine matters in South Asia, it focuses on the maritime circulation of horses from the Middle East to Peninsular India in the thirteenth century, examining the different ways that this phenomenon is recorded in textual and material sources and exploring their potential for writing a new, more connected history of South Asia and the Indian Ocean world.
The Geographic And Social Mobility Of Slaves: The Rise Of Shajar Al’Durr, A Slave-Concubine In Thirteenth-Century Egypt, D. Fairchild Ruggles
The Geographic And Social Mobility Of Slaves: The Rise Of Shajar Al’Durr, A Slave-Concubine In Thirteenth-Century Egypt, D. Fairchild Ruggles
The Medieval Globe
Large numbers of outsiders were integrated into premodern Islamic society through the institution of slavery. Many were boys of non-Muslim parents drafted into the army, and some rose to become powerful political figures; in Egypt, after the death of Ayyubid sultan al-Salih (r. 1240–49), they formed a dynasty known as the Mamluks. For slave concubines, the route to power was different: Shajar al-Durr, the concubine of al-Salih, gained enormous status when she gave birth to his son and later governed as regent in her son’s name, converting to Islam after her husband’s death and then reigning as sultan in her …
Identity In Flux: Finding Boris Kolomanovich In The Interstices Of Medieval European History, Christian Raffensperger
Identity In Flux: Finding Boris Kolomanovich In The Interstices Of Medieval European History, Christian Raffensperger
The Medieval Globe
The politics of kinship and of monarchy in medieval eastern Europe are typically constructed within the framework of the modern nation-state, read back into the past. The example of Boris Kolomanovich, instead, highlights the horizontal interconnectivity of medieval Europe and its neighbors and demonstrates the malleability of individual identity within kinship webs, as well as the creation of situational kinship networks to advance individuals’ goals.
Periodization And “The Medieval Globe”: A Conversation, Kathleen Davis, Michael Puett
Periodization And “The Medieval Globe”: A Conversation, Kathleen Davis, Michael Puett
The Medieval Globe
The period categories “medieval” and “modern” emerged with—and have long served to define and legitimate—the projects of western European imperialism and colonialism. The idea of “the medieval globe” is therefore double edged. On the one hand, it runs the risk of reconfirming the terms of the colonial, Orientalist history through which the “medieval” emerged, thus homogenizing the plural temporalities of global cultures and effacing the material effects of the becoming of the Middle Ages and its relationship to conditions of globalization. On the other hand, “the medieval globe” brings to bear a comparative focus that does not ask when and …
Editor’S Preface, Carol Symes
The Medieval Globe 2.1 (2016), Carol Symes
Can The West Learn From The Rest?' The Chinese Legal Order's Hybrid Modernity, Nicholas Howson
Can The West Learn From The Rest?' The Chinese Legal Order's Hybrid Modernity, Nicholas Howson
Nicholas Howson
I am asked to present on the "shortcomings of the Western model of legality based on a professionalized, individualistic and highly formalistic approach to justice" as a way to understanding if "the West can develop today a form of legality which is relational rather than based on litigation as a zero sum game, learning from face to face social organizations in which individuals understand the law" - presumably in the context of the imperial and modem Chinese legal systems which I know best as a scholar and have lived for many years as a resident of the modem identity of …
The Study Of Chinese Law In The United States: Reflections On The Past And Concerns About The Future, Stanley Lubman
The Study Of Chinese Law In The United States: Reflections On The Past And Concerns About The Future, Stanley Lubman
Stanley Lubman
I first survey the development and current state of the field by reviewing American scholarship on some major areas of Chinese law from those early days up to the present. Then, against this background, I comment on the current scene and address the challenges that Chinese law continues to present to Western attempts at understanding China.
China's Judicial System And Judicial Reform, Nicholas Howson
China's Judicial System And Judicial Reform, Nicholas Howson
Nicholas Howson
The following is an extract from the statement delivered by Michigan Law School Professor Nicholas Howson at the inaugural “China-U.S. Rule of Law Dialogue” held at Beijing’s Tsinghua University July 29-30, 2010, and convened by Tsinghua Law Dean Wang Zhenmin and Harvard Law School Professor and East Asian Legal Studies Director William Alford, and with the support of the China-United States Exchange Foundation chaired by C.H. Tung, first chief executive and president of the Executive Council of the Hong Kong Special Administrative Region. The dialogue was organized as a private meeting between senior PRC law professors and U.S.-based Chinese law …
Internet Governance Is Our Shared Responsibility, Vinton Cerf, Patrick Ryan, Max Senges
Internet Governance Is Our Shared Responsibility, Vinton Cerf, Patrick Ryan, Max Senges
Patrick T. Ryan
This essay looks at the the different roles that institutions play in the Internet governance ecosystem. We propose a model for thinking of Internet governance within the context of the layered model of the Internet. We use the example of the negotiations in Dubai in 2102 at the World Conference on International Telecommunications to show why it is important for different institutions within the governance system to focus on their areas of expertise (e.g., the ITU, ICANN, and IGF). Several areas of conflict are reviewed, such as the desire to promote more broadband infrastructure (a topic that is in the …
The Overlooked Costs Of Religious Deference, Robin Fretwell Wilson
The Overlooked Costs Of Religious Deference, Robin Fretwell Wilson
Robin Fretwell Wilson
Citing the Qur'an, a German divorce court judge this year denied a fast track divorce to a Muslim woman who had been the victim of domestic violence and death threats from her husband. The judge rejected her application because the husband's exercise of his "right to castigate does not fulfill the hardship criteria" for an expedited divorce. The decision, which sparked a firestorm of controversy, comes at an important time in the movement to embrace pluralistic understandings of family relationships. Scholars and policymakers around the world are advancing various schemes for sharing state control over domestic disputes with religious groups-ranging …
The Overlooked Costs Of Religious Deference, Robin Fretwell Wilson
The Overlooked Costs Of Religious Deference, Robin Fretwell Wilson
Robin Fretwell Wilson
Citing the Qur'an, a German divorce court judge this year denied a fast track divorce to a Muslim woman who had been the victim of domestic violence and death threats from her husband. The judge rejected her application because the husband's exercise of his "right to castigate does not fulfill the hardship criteria" for an expedited divorce. The decision, which sparked a firestorm of controversy, comes at an important time in the movement to embrace pluralistic understandings of family relationships. Scholars and policymakers around the world are advancing various schemes for sharing state control over domestic disputes with religious groups-ranging …
How China Plans To Blacklist Financially Unstable Citizens, Caren Morrison
How China Plans To Blacklist Financially Unstable Citizens, Caren Morrison
Caren Myers Morrison
No abstract provided.
China's Plan To Put Two-Faced Citizens On Credit Blacklist Isn't All That Foreign, Caren Morrison
China's Plan To Put Two-Faced Citizens On Credit Blacklist Isn't All That Foreign, Caren Morrison
Caren Myers Morrison
No abstract provided.
Laying Down The "Brics": Enhancing The Portability Of Awards In International Commercial Arbitration, Benjamin C. Mccarty
Laying Down The "Brics": Enhancing The Portability Of Awards In International Commercial Arbitration, Benjamin C. Mccarty
Benjamin C McCarty
The drafters of the 1958 New York Convention intended Article V(2)(b) to be interpreted narrowly, and while most pro-arbitration national courts do maintain narrowly defined areas of public policy that are sufficient for refusal of the recognition and enforcement of a foreign arbitral award, this is not always the case. Developing states and jurisdictions that maintain corrupt or inefficient judicial systems have shown a greater willingness to invoke the public policy exception for a broader, amorphous variety of reasons. This phenomenon has created a sense of unpredictability among international investors, arbitrators, and business executives as to the amount of deference …
Family Law In The Republic Of Ireland, William Binchy
Family Law In The Republic Of Ireland, William Binchy
Georgia Journal of International & Comparative Law
No abstract provided.
Palandt, Burgerliches Gesetzbuch. Commentaries On The German Civil Code, 36th Rev. Ed., Hugo Hahn
Palandt, Burgerliches Gesetzbuch. Commentaries On The German Civil Code, 36th Rev. Ed., Hugo Hahn
Georgia Journal of International & Comparative Law
No abstract provided.
The Fast Dealing Oil Trading Game: Oilopoly Russia’S Geostrategic Dominance Of The Oil Market Vís-A-Vís The European Union, Melissa Victoria Jordon
The Fast Dealing Oil Trading Game: Oilopoly Russia’S Geostrategic Dominance Of The Oil Market Vís-A-Vís The European Union, Melissa Victoria Jordon
University of Miami International and Comparative Law Review
No abstract provided.
Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel
Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel
Nehal A. Patel
AbstractOver thirty years have passed since the Bhopal chemical disaster began,and in that time scholars of corporate social responsibility (CSR) havediscussed and debated several frameworks for improving corporate responseto social and environmental problems. However, CSR discourse rarelydelves into the fundamental architecture of legal thought that oftenbuttresses corporate dominance in the global economy. Moreover, CSRdiscourse does little to challenge the ontological and epistemologicalassumptions that form the foundation for modern economics and the role ofcorporations in the world.I explore methods of transforming CSR by employing the thought ofMohandas Gandhi. I pay particular attention to Gandhi’s critique ofindustrialization and principle of swadeshi (self-sufficiency) …
Carrier Liability For Damages Incurred By Ship Passengers: The European Union As A Trailblazer Towards A Global Liability Regime?, Stefan Kirchner, Grit Tüngler, Jan Martin Hoffmann
Carrier Liability For Damages Incurred By Ship Passengers: The European Union As A Trailblazer Towards A Global Liability Regime?, Stefan Kirchner, Grit Tüngler, Jan Martin Hoffmann
University of Miami International and Comparative Law Review
No abstract provided.
A Critical Assessment Of The Role Of The Venice Commission In Processes Of Domestic Constitutional Reform, Maartje De Visser
A Critical Assessment Of The Role Of The Venice Commission In Processes Of Domestic Constitutional Reform, Maartje De Visser
Research Collection Yong Pung How School Of Law
On January 26, 2014, an overwhelming majority of the National Constituent Assembly of Tunisia approved the country's new constitution. Drafted in the aftermath of the Tunisian revolution, the constitution received considerable international critical acclaim, regarding the manner in which the text had been drafted and adopted as well as its content, notably the entrenchment of a host of fundamental rights and liberties. Comparisons have inevitably been drawn with Egypt's new constitution and those of other Arab nations, with the Tunisian text hailed as one of the most progressive in the region, providing the foundations for a modern and credible democracy. …
The Women Of The Wall: A Metaphor For National And Religious Identity, Pnina Lahav
The Women Of The Wall: A Metaphor For National And Religious Identity, Pnina Lahav
Faculty Scholarship
The Women of the Wall wish to participate in communal prayer in the women’s section of the Western Wall in Jerusalem. Their practice is to pray as a group, wrap themselves in a tallit, and read from the Torah scroll. They represent Jewish pluralism in that their group includes Orthodox, Conservative, Reform and secular women. They represent openness to change in that they base their claims on Halakhic interpretation, thereby embracing the capacity of Jewish law to evolve. This article reviews the resistance of the religious and political establishment in Israel to their claim and their struggle, unsuccessful so far, …
Time To Say Local Cheese And Smile At Geographical Indications Of Origin? International Trade And Local Development In The United States, Irene Calboli
Faculty Scholarship
In this Article, I offer some considerations on a possible compromising solution for the controversy between the European Union (EU) and the United States (U.S.) on the regulation of geographical indications of origin (GIs) as part of the negotiations in the Transatlantic Trade and Investment Partnership (TTIP). Notably, I advocate that the EU and the U.S. consider adopting a solution similar to that adopted in the Canada and European Union Comprehensive Economic and Trade Agreement (CETA). In particular, I note that, even though CETA accepted several of the EU's requests to claw-back names that were not previously protected in Canada, …
Arbitration Of Mexican Trust Disputes: A Couple Made For Each Other?, Edgardo Muñoz, Sofía Llamas
Arbitration Of Mexican Trust Disputes: A Couple Made For Each Other?, Edgardo Muñoz, Sofía Llamas
University of Miami International and Comparative Law Review
No abstract provided.