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Articles 1 - 30 of 35
Full-Text Articles in Law
Astroturf Activism, Melissa J. Durkee
Astroturf Activism, Melissa J. Durkee
Scholarly Works
Corporate influence in government is more than a national issue; it is an international phenomenon. For years, businesses have been infiltrating international legal processes. They secretly lobby lawmakers through front groups: “astroturf” imitations of grassroots organizations. But because this business lobbying is covert, it has been underappreciated in both the literature and the law. This Article unearths the “astroturf activism” phenomenon. It offers an original descriptive account that classifies modes of business access to international officials and identifies harms, then develops a critical analysis of the laws that regulate this access. I show that the perplexing set of access rules …
U.S. Patent Extraterritoriality Within The International Context, Amy L. Landers
U.S. Patent Extraterritoriality Within The International Context, Amy L. Landers
Amy L. Landers
Ashes To Ashes: Comparative Law Regarding Survivors’ Disputes Concerning Cremation And Cremated Remains, Eloisa Rodriguez-Dod
Ashes To Ashes: Comparative Law Regarding Survivors’ Disputes Concerning Cremation And Cremated Remains, Eloisa Rodriguez-Dod
Eloisa C Rodríguez-Dod
One should plan for unassuming post-mortem issues, as most state laws do not provide a complete framework when there is no testamentary instruction by the deceased. Judicial determination is often needed, however reported opinions are scarce. Final disposition issues also arise in foreign law. Spain has no civil code regarding disposition of a deceased but delegates its funerary laws to local governments and autonomous communities, while the French have established an order of priority for funerary decisions and provide for a judicial determination and stay of the funerary process in case of dispute. The author gives a brief history of …
Prologue, Claudio Grossman
Prologue, Claudio Grossman
The Common Law Of War, Jens David Ohlin
The Common Law Of War, Jens David Ohlin
William & Mary Law Review
In recent litigation before U.S. federal courts, the government has argued that military commissions have jurisdiction to prosecute offenses against the “common law of war,” which the government defines as a body of domestic offenses, such as inchoate conspiracy, that violate the American law of war. This Article challenges that definition by arguing that stray references to the term “common law of war” in historical materials meant something completely different. By examining the Lieber Code, the writings of early natural law theorists, and early American judicial decisions, this Article concludes that the “common law of war” referred to a branch …
The Logic Of Contract In The World Of Investment Treaties, Julian Arato
The Logic Of Contract In The World Of Investment Treaties, Julian Arato
William & Mary Law Review
Investment treaties protect foreign investors who contract with sovereign states. It remains unclear, however, whether parties are free to contract around these treaty rules, or whether treaty provisions should be understood as mandatory terms that constrain party choice. While investment treaties clearly apply to contracts in some way, they are silent as to how these instruments ultimately interact. Moreover, arbitral jurisprudence has varied wildly on this point, creating significant problems of certainty, efficiency, and fairness—for states and foreign investors alike.
This Article reappraises the treaty/contract issue from the ex ante perspective of contracting states and foreign investors. I advance three …
Partner Capture In Public International Organizations, Christopher G. Bradley
Partner Capture In Public International Organizations, Christopher G. Bradley
Christopher Bradley
A sharp rise of public-private partnerships is changing the way the United Nations and other public international organizations work. Organizations eagerly embrace wealthy, experienced partners, such as major foundations and corporations, in order to fund ambitious projects. But safeguards against potential problems have not kept pace with partnership activities. Looking to fundamental principles of public choice and political economy well-known in the U.S. administrative law context, this Article develops a multifaceted notion of “partner capture” to describe the dangers of this expansion in partnership activities for the U.N. and similar organizations. The dangers include agenda distortion, intra-organizational rivalries, reputational damage, …
International Environmental Law And The Global South Edited By Shawket Alam, Sumudu Atapattu, Carmen G. Gonzalez, And Jona Razzaque, Nadia B. Ahmad
International Environmental Law And The Global South Edited By Shawket Alam, Sumudu Atapattu, Carmen G. Gonzalez, And Jona Razzaque, Nadia B. Ahmad
Faculty Scholarship
No abstract provided.
Closing Impunity Gaps For The Crime Of Aggression, Jocelyn Getgen Kestenbaum
Closing Impunity Gaps For The Crime Of Aggression, Jocelyn Getgen Kestenbaum
Faculty Articles
As stated at Nuremberg, the crime of aggression is the “supreme international crime, differing only from other war crimes in that it contains within itself the accumulated evil of the whole.” International instruments clearly and repeatedly have outlawed initiating wars of aggression and other illegal uses of armed force. States parties recently have defined and codified the crime in the Rome Statute of the International Criminal Court (ICC) and delineated the scope of the ICC’s jurisdiction over aggression. Although the ICC is an important mechanism for accountability and justice, it is not certain when it will be able to adjudicate …
Putting The Spotlight On “The Terminator”: How The Icc Prosecution Of Bosco Ntaganda Could Reduce Sexual Violence During Conflict, Sarah T. Deuitch
Putting The Spotlight On “The Terminator”: How The Icc Prosecution Of Bosco Ntaganda Could Reduce Sexual Violence During Conflict, Sarah T. Deuitch
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Rape And Sexual Violence: Questionable Inevitability And Moral Responsibility In Armed Conflict, Katherine W. Bogen
Rape And Sexual Violence: Questionable Inevitability And Moral Responsibility In Armed Conflict, Katherine W. Bogen
Scholarly Undergraduate Research Journal at Clark (SURJ)
Wartime sexual violence is a critical human rights issue that usurps the autonomy of its victims as well as their physical and psychological safety. It occurs in both ethnic and non-ethnic wars, across geographic regions, against both men and women, and regardless of the “official” position of commanders, states, and armed groups on the use of rape as tactic of war. This problem is current, pervasive, and global in spite of the status of wartime sexual violence perpetration as a crime against humanity and the capacity of the international criminal court to indict offenders. Though some scholars have argued that …
Prosecuting Child Soldiers: The Call For An International Minimum Age Of Criminal Responsibility, Brittany Ursini
Prosecuting Child Soldiers: The Call For An International Minimum Age Of Criminal Responsibility, Brittany Ursini
St. John's Law Review
(Excerpt)
This Note discusses the current state of international law on the MACR and proposes a solution that balances the protection of child soldiers with the rights of the victims harmed by their unlawful conduct. Part I of this Note provides a brief background of child soldiers and closely examines the relevant international law addressing the criminal responsibility of child soldiers. Part II illustrates the deficiencies of current international law and describes how the deficiencies affect and contribute to the competing arguments regarding a MACR. Part III discusses the need for an international MACR. Finally, Part IV proposes an international …
Putting The "Remedy" Back In The International Child Abduction Remedies Act - Enforcing Visitation Rights For The Left Behind Parent, Nicole Clark
St. John's Law Review
(Excerpt)
This Note argues that the Second Circuit’s approach is more consistent with the aims of the Hague Convention and the needs of children than the Fourth Circuit’s approach and that ICARA does confer jurisdiction upon federal courts to adjudicate claims for the enforcement of visitation rights under the Hague Convention. Part I discusses the background of the Hague Convention and ICARA and how visitation rights fit into each. Part II discusses the split between the Fourth Circuit and the Second Circuit regarding whether ICARA confers jurisdiction upon federal courts over claims for the enforcement of visitation rights. It further …
Table Of Contents, Georgia Journal Of International And Comparative Law
Table Of Contents, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
Revisiting The Notion Of Full Protection And Security Of Foreign Direct Investments In Post-Gadhafi Libya: Two Governments, Tribal Violence, Militias, And Plenty More, Nasser A. Alreshaid
Revisiting The Notion Of Full Protection And Security Of Foreign Direct Investments In Post-Gadhafi Libya: Two Governments, Tribal Violence, Militias, And Plenty More, Nasser A. Alreshaid
Nasser A Alreshaid
The escalating violence and deteriorating conditions in today’s Libya have questioned the very likelihood of the survival of foreign investments there. Deemed an oil-producing hub, many oil concessions have been granted to foreign investors in Libya. The challenge that follows is how to legally ensure the full protection and security of investors. This notion is tested in the post-Gadhafi Libya situation in the context of a two-government state, where militias with extremist ideologies in most instances, defy an internationally recognized government and take control over Libyan territories. Such territories contain oil terminals, which leads to a partial or complete disruption …
The Impact Of The United Nations On National Abortion Laws, Kelsey Zorzi
The Impact Of The United Nations On National Abortion Laws, Kelsey Zorzi
Catholic University Law Review
Reviewing UN initiatives in concert with changes in State abortion laws, this Essay argues that through consensus resolutions that emerge from UN conferences, the recommendations of the Treaty Monitoring Bodies, and the Human Rights Council’s Universal Periodic Review, the UN has influenced State to adopt permissive domestic abortion laws. The essay discusses and provides examples of how the UN does this. The Essay also discusses the impact of pro-abortion interpretations of international treaties and the actions taken by signatory nations to require legalized abortions in their wake.
Customary Constraints On The Use Of Force: Article 51 With An American Accent, William C. Banks, Evan J. Criddle
Customary Constraints On The Use Of Force: Article 51 With An American Accent, William C. Banks, Evan J. Criddle
Faculty Publications
This article, prepared for the symposium on ‘The Future of Restrictivist Scholarship on the Use of Force’, examines the current trajectory of restrictivist scholarship in the United States. In contrast to their counterparts in continental Europe, American restrictivists tend to devote less energy to defending narrow constructions of theUNCharter. Instead, they generally focus on legal constraints outside the Charter’s text, including customary norms and general principles of law such as necessity, proportionality, deliberative rationality, and robust evidentiary burdens. The article considers how these features of the American restrictivist tradition reflect distinctive characteristics of American legal culture, and it explores the …
International White Collar Crime And The Globalization Of Internal Investigations, Lucian E. Dervan
International White Collar Crime And The Globalization Of Internal Investigations, Lucian E. Dervan
Fordham Urban Law Journal
Much has been written about the methods by which counsel may efficiently, thoroughly, and credibly conduct internal investigations. Given the globalization of such matters, however, this Article seeks to focus on the challenges present when conducting an internal investigation of potential international white-collar criminal activity. In Part I, this Article will examine the challenges of selecting counsel to perform internal investigations abroad. In particular, consideration will be given to global standards regarding the application of the attorney-client privilege and work product protections. In Part II, this Article will discuss the influence of data privacy and protection laws in various countries …
Bank Frauds And Tracking The Hidden Assets, Albert F. Tellechea, Michael J. Cortes
Bank Frauds And Tracking The Hidden Assets, Albert F. Tellechea, Michael J. Cortes
Florida A & M University Law Review
Each year banks are the targets of insider and outsider fraudulent activity. Borrowers overstate their assets and holdings in order to obtain loans for which they would never otherwise qualify. Employees embezzle, steal, or conspire with crooked clients for a kickback, and billions are lost. Law enforcement agencies around the world are reporting increased instances of corporate, mortgage, and bank fraud. For example, the United States Federal Bureau of Investigations ("FBI") in its FY2007 Financial Crimes Report states that its corporate fraud cases doubled from five years earlier. Through FY2007, U.S. Grand Juries returned 183 indictments resulting in 173 convictions. …
Democracy And Torture, Patrick A. Maurer
Democracy And Torture, Patrick A. Maurer
Patrick A Maurer
September 11th spawned an era of political changes to fundamental rights. The focus of this discussion is to highlight Guantanamo Bay torture incidents. This analysis will explore the usages of torture from a legal standpoint in the United States.
Indigenous Peoples, Intangible Cultural Heritage And Participation In The United Nations, Ana Filipa Vrdoljak
Indigenous Peoples, Intangible Cultural Heritage And Participation In The United Nations, Ana Filipa Vrdoljak
Ana Filipa Vrdoljak
This chapter concentrates on the participation of indigenous peoples in multilateral initiatives to protect cultural heritage, with specific reference to intangible heritage. While an international instrument for the protection of intangible heritage was adopted over a decade ago, the importance of intangible heritage for indigenous peoples is evident in their work in various UN fora. I examine indigenous peoples’ interventions before UNESCO and bodies established to implement the Convention on the Safeguarding of Intangible Cultural Heritage; within WIPO in respect of ongoing moves to adopt specialist instruments on traditional knowledge and cultural expressions; and finally, within UNEP and the implementation …
New Kids On The Blockchain: How Bitcoin's Technology Could Reinvent The Stock Market, Larissa Lee
New Kids On The Blockchain: How Bitcoin's Technology Could Reinvent The Stock Market, Larissa Lee
Larissa Lee
Bitcoin is the first and most successful digital currency in the world. It is polarized in the news almost daily, with either glowing reviews of the many benefits of an alternative and international currency, or doomsday predictions of anarchy, deflation, and another tulip bubble.This Article focuses on the truly innovative aspect of Bitcoin—and that which has gone mostly unnoticed since its inception—the technological platform used to transfer Bitcoin from one party to another. This technology is called the Blockchain. The Blockchain eschews a bank or other middleman and allows parties to transfer funds directly to one another, using a peer-to-peer …
Catholic Social Teaching, The Right To Immigrate And The Right To Regulate Borders: A Proposed Solution For Comprehensive Immigration Reform Based Upon Catholic Social Principles, Chad G. Marzen, William Woodyard
Catholic Social Teaching, The Right To Immigrate And The Right To Regulate Borders: A Proposed Solution For Comprehensive Immigration Reform Based Upon Catholic Social Principles, Chad G. Marzen, William Woodyard
Chad G. Marzen
In the past decade, policymakers from various perspectives have discussed and debated proposals to reform America’s immigration system. This article discusses not only the history of the Catholic legal and intellectual tradition’s contribution to social teaching on the issue of immigration, but emphasizes the development of two strands of Catholic thought: the right to immigrate, and the right to regulate borders. Applying the Catholic legal and intellectual tradition, this article provides a proposal for immigration reform that incorporates key tenets of Catholic social thought.
Denial Of Justice: The Latest Indigenous Land Disputes Before The European Court Of Human Rights And The Need For An Expansive Interpretation Of Protocol 1, Giovanna E. Gismondi
Denial Of Justice: The Latest Indigenous Land Disputes Before The European Court Of Human Rights And The Need For An Expansive Interpretation Of Protocol 1, Giovanna E. Gismondi
Giovanna E. Gismondi
In its three latest decisions on indigenous land rights, the European Court of Human Rights (ECtHR) has afforded scant protection to indigenous peoples. Through an analysis of each case in terms of substantive and procedural law, this Article evaluates the challenges indigenous peoples face when pursuing their claims before the Court. I argue that the European Court's narrow interpretation of the "right to peaceful enjoyment of possessions" codified in Protocol 1 (Article 1) of the European Convention on Human Rights (ECHR) has failed to consider the importance of collective lands in securing the cultural survival of indigenous peoples, their economic …
Customary International Law: A Reconceptualization, Roozbeh (Rudy) B. Baker
Customary International Law: A Reconceptualization, Roozbeh (Rudy) B. Baker
Brooklyn Journal of International Law
The current state of international law is one of deep confusion over the role of state practice and opinio juris within the customary element. The debate between adherents of “modern custom” versus those of “traditional custom” has resulted in deep uncertainty and confusion. New theories of customary international law have proved inadequate in clarifying the current state of the field. Confusions over the meanings and relationships between state practice and opinio juris aside, current approaches are all also flawed due to a heavily state-centric bias that fails to take into account the very real affects that norm-generating transnational actors have …
Corporations And The Limits Of State-Based Models For Protecting Fundamental Rights In International Law, David Bilchitz
Corporations And The Limits Of State-Based Models For Protecting Fundamental Rights In International Law, David Bilchitz
Indiana Journal of Global Legal Studies
At the heart of international law lies a central tension. On the one hand, the fundamental rights recognized in international treaties protect the fundamental interests of individuals, obligating all actors who can affect these rights. One the other hand, international law has often been conceived of as a system in which the only legitimate actors are states. In turn, only states can be bound by the fundamental rights obligations in international treaties. To address this tension, two models have been proposed. The first is an "Indirect duty" approach, whereby the state remains the primary duty-bearer and must itself "create" the …
The Variation In The Use Of Sub-Regional Integration Courts Between Business And Human Rights Actors: The Case Of The East African Court Of Justice, James T. Gathii
The Variation In The Use Of Sub-Regional Integration Courts Between Business And Human Rights Actors: The Case Of The East African Court Of Justice, James T. Gathii
Faculty Publications & Other Works
No abstract provided.
"Cerd-Ain" Reform: Dismantling The School-To-Prison Pipeline Through More Thorough Coordination Of The Departments Of Justice And Education, Lisa A. Rich
Loyola of Los Angeles Law Review
In the last year of his presidency, President Barack Obama and his administration have undertaken many initiatives to ensure that formerly incarcerated individuals have more opportunities to successfully reenter society. At the same time, the administration has been working on education policy that closes the achievement gap and slows the endless flow of juveniles into the school-to-prison pipeline. While certainly laudable, there is much more that can be undertaken collaboratively among executive branch agencies to end the school-to-prison pipeline and the endless cycle of people re-entering the criminal justice system.
This paper examines the rise of the school-to-prison pipeline through …
National Legal Traditions At Work In The Jurisprudence Of The Court Of Justice Of The European Union: Symposium: Foreign Law In Constitutional Courts, Fernanda Nicola
National Legal Traditions At Work In The Jurisprudence Of The Court Of Justice Of The European Union: Symposium: Foreign Law In Constitutional Courts, Fernanda Nicola
Articles in Law Reviews & Other Academic Journals
Numerous scholars have commented on the judicial style of the Court of Justice of the European Union and its non-Herculean judges, generally disapproving of its minimalist reasoning, lack of transparency, and failure to draw openly on comparative legal sources to avoid inconsistencies and weaknesses in its legal reasoning. In a debate where both historians and sociologists have provided new avenues of research, the paucity of comparative lawyers is surprising because European law is a quintessential example of a transnational legal order. Since its inception, European judges, advocates general, and lawyers in Luxembourg have drawn inspiration from the different national legal …