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Articles 1 - 30 of 116
Full-Text Articles in Law
Foreign Authority, American Exceptionalism, And The Dred Scott Case, Sarah H. Cleveland
Foreign Authority, American Exceptionalism, And The Dred Scott Case, Sarah H. Cleveland
Chicago-Kent Law Review
One distinctive feature of the Dred Scott decision for modern readers is the extent to which the Supreme Court Justices looked to foreign and international law in support of their decisions. The legal status of a slave who entered a free jurisdiction was a question that had been confronted by many courts at home and abroad, and international law had played an important role in American and European adjudication of slavery questions. The Justices therefore were confronted with the strikingly modern question of the extent to which U.S. law embraced, or distinguished itself from, foreign practice. Arguments from foreign and …
The Relevancy Of Foreign Law As Persuasive Authority And Congress's Response To Its Use: A Preemptive Attack On The Constitution Restoration Act, Elizabeth Bulat Turner
The Relevancy Of Foreign Law As Persuasive Authority And Congress's Response To Its Use: A Preemptive Attack On The Constitution Restoration Act, Elizabeth Bulat Turner
Georgia State University Law Review
No abstract provided.
Compensation For Property Under The European Convention On Human Rights, Tom Allen
Compensation For Property Under The European Convention On Human Rights, Tom Allen
ExpressO
This Article investigates the nature of the right to property guaranteed under the First Protocol to the European Convention on Human Rights ('P1-1'). It argues that the European Court of Human Rights has been torn between two theories of the right to property. The first is the "integrated theory", and it holds that the right to property shares common values and purposes with other Convention rights. Hence, the interpretation of P1-1 should reflect principles developed in the interpretation of other Convention rights. It is argued that the application of the integrated theory should support a "social model" of property. The …
International Private Rights Of Action: A Cost-Benefit Framework, Philip M. Moremen
International Private Rights Of Action: A Cost-Benefit Framework, Philip M. Moremen
San Diego International Law Journal
This Article seeks to chart a different course, by developing and applying an analytical cost-benefit framework, for assessing the costs and benefits of PRAs to enforce international law before an international forum. This framework is drawn from various literatures. For example, there is much to be learned about the potential benefits and costs of PRAs in the international setting from the rich literature comparing domestic PRAs with domestic regulation in the American context. More broadly, the article employs a comparative institutional approach, using a comparison between PRAs and regulatory enforcement mechanisms to shed light on their respective costs and benefits. …
U.S. Asylum Law Out Of Sync With International Obligations: Real Id Act, Victor P. White
U.S. Asylum Law Out Of Sync With International Obligations: Real Id Act, Victor P. White
San Diego International Law Journal
Focusing on defensive asylum applications, this Comment examines whether certain provisions of REAL ID violate due process and international obligations to asylum seekers. Part I situates REAL ID within the historical context of nearly a decade of restrictive U.S. immigration law and over two decades of Executive Orders aimed at deterring a mass exodus of asylum seekers from reaching U.S. shores. Part II provides an overview of the U.S. asylum system and argues that the system produces inconsistent and sometimes arbitrary results, indicating that segments of the system do not satisfy international obligations. Part III outlines three provisions of REAL …
Full Volume 81: International Law Challenges: Homeland Security And Combating Terrorism
Full Volume 81: International Law Challenges: Homeland Security And Combating Terrorism
International Law Studies
No abstract provided.
The World Court's Advisory Function: "Not Legally Well-Founded", David L. Breau
The World Court's Advisory Function: "Not Legally Well-Founded", David L. Breau
University of Miami International and Comparative Law Review
No abstract provided.
Globalization And Genocidalism: Fictional Discourse Without Borders (For Fun And Profit), Aleksandar Jokić, Tiphaine Dickson
Globalization And Genocidalism: Fictional Discourse Without Borders (For Fun And Profit), Aleksandar Jokić, Tiphaine Dickson
Philosophy Faculty Publications and Presentations
In this essay we explore the relationship between globalization and genocidalism. “Globalization” is understood as “freedom and ability of individuals and firms to initiate voluntary economic transactions with residents of other countries,” while “genocidalism” is defined as “(i) the purposeful neglect to attribute responsibility for genocide in cases when overwhelming evidence exists, and as (ii) the energetic attributions of “genocide” in less then clear cases without considering available and convincing opposing evidence and argumentation.”
The hypothesis that we defend here as explanatory of globalization’s “surprising” failure to live up to its often repeated theoretical promise that it is not a …
Toward An International Criminal Procedure: Due Process Aspirations And Limitations, Gregory S. Gordon
Toward An International Criminal Procedure: Due Process Aspirations And Limitations, Gregory S. Gordon
ExpressO
The breathtaking growth of international criminal law over the past decade has resulted in the prosecution of Balkan and Rwandan mass murderers, the development of a substantial body of atrocity law jurisprudence and the creation of a permanent International Criminal Court with jurisdiction over genocide, crimes against humanity, and war crimes. The growth of international criminal procedure, unfortunately, has not kept pace. Among its shortcomings, critics have pointed to lengthy pre-trial detention without a real possibility of provisional release, the use of affidavits and transcripts instead of live witnesses at trial, the absence of juries, and the right of prosecutorial …
Legal Pluralism & Women's Rights: A Study In Post-Colonial Tanzania, Edward R. Fluet, Mark J. Calaguas, Cristina M. Drost
Legal Pluralism & Women's Rights: A Study In Post-Colonial Tanzania, Edward R. Fluet, Mark J. Calaguas, Cristina M. Drost
ExpressO
Recognizing a dearth of legal research on Zanzibar, the authors explore the complex legal and cultural landscape of this archipelago and its relationship to mainland Tanzania. The article discusses the problems that arise when multicultural societies adopt a pluralist system of justice in order to preserve the traditions of its diverse communities. Although the article focuses on Tanzania, the problems that arise from multicultural accommodations affect not only young, postcolonial nations in Africa and Asia, but also individuals in cosmopolitan, economically-developed countries such as Israel and the United States. As countries wrestle with ever diversifying ethnic and religious populations, such …
Enforcing Foreign Summary/Default Judgments: The Damoclean Sword Hanging Over Pro Se Canadian Corporate Defendants? Case Comment On U.S.A. V. Shield Development, Antonin I. Pribetic
Enforcing Foreign Summary/Default Judgments: The Damoclean Sword Hanging Over Pro Se Canadian Corporate Defendants? Case Comment On U.S.A. V. Shield Development, Antonin I. Pribetic
ExpressO
Following the 2003 Supreme Court of Canada decision in Beals v. Saldanha, where the “real and substantial connection” test is otherwise met (i.e. consent-based jurisdiction, presence-based jurisdiction or assumed jurisdiction) the only available defences to a domestic defendant seeking to have a Canadian court refuse enforcement of a foreign judgment are fraud, public policy and natural justice. The 2005 Ontario decision in United States of America v. Shield Development Co., presents an opportunity to critically analyze the defence of natural justice through a juxtaposition of American and Canadian procedural law. The thesis is that procedural justice mandates that “form follow …
Internalizing Gender: International Goals, Comparative Realities, Darren Rosenblum
Internalizing Gender: International Goals, Comparative Realities, Darren Rosenblum
Elisabeth Haub School of Law Faculty Publications
This Article uses the example of international women's political rights to examine the value of comparative methodologies in analyzing the process by which nations internalize international norms. As internalized in Brazil and France, the Convention on the Elimination of All Forms of Discrimination Against Women suggests possibilities for (and possible limitations of) interdisciplinary comparative and international law scholarship. Indeed, international law scholarship is divided between theories of internalization and neorealist challenges to those theories. Comparative methodologies add crucial complexity to internalization theory, the success of which depends on acknowledging vast differences in national legal cultures. Further, comparative methodologies expose important …
Agenda: Climate Change And The Future Of The American West: Exploring The Legal And Policy Dimensions, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Climate Change And The Future Of The American West: Exploring The Legal And Policy Dimensions, University Of Colorado Boulder. Natural Resources Law Center
Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9)
Sponsors: The William and Flora Hewlett Foundation; BP America; Holland & Hart; Patrick, Miller & Krope, P.C.; The Rocky Mountain Mineral Law Foundation, Rocky Mountain Natural Resource Center of the National Wildlife Federation, Western Water Assessment.
Exploring the legal and political dimensions that climate change will bring to the American West will be the focus of the CU-Boulder Natural Resources Law Center's 27th Annual Summer Conference.
Titled "Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions," the conference will be held June 7-9 at the Fleming Law Building on the University of Colorado at …
The Iraqi High Criminal Court: Controversy And Contributions, Michael A. Newton
The Iraqi High Criminal Court: Controversy And Contributions, Michael A. Newton
Vanderbilt Law School Faculty Publications
The Iraqi High Criminal Court established to prosecute Saddam Hussein and other leading Ba’athists is one of the most visible of the current efforts to establish criminal accountability for violations of international norms. Juxtaposed against other tribunals, the High Criminal Court has provoked worldwide debate over its processes and its prospects for returning societal stability founded on respect for human rights and the rule of law to Iraq. This article explores in detail the legal basis for the formation of the High Criminal Court under the law of occupation. It addresses the relationship between the Iraqi model of prosecuting crimes …
El Uso Del Derecho Comparado Como Forma De Escape De La Subordinación Colonial, Jorge Gonzalez-Jacome
El Uso Del Derecho Comparado Como Forma De Escape De La Subordinación Colonial, Jorge Gonzalez-Jacome
Jorge Gonzalez-Jacome
The Colombian legal culture has not been able to make a fruitful use of the available methodologies in the area of comparative law. National doctrine has understood comparative law as a contrast between two legal provisions that belong to different legal systems without being aware that this kind of comparison is contributing to perpetuate old colonialist ideologies. This phenomenon is visible when Colombian doctrine compares our legal provisions with those issued in what might be called countries of the first world. Under this perspective, it appears that law travels from the civilized world to the uncivilized. Therefore, I think that …
Christiane Wilke On Global Justice Or Global Revenge? International Criminal Justice At The Crossroads By Hans Köchler. New York: Springer, 2003., Christiane Wilke
Christiane Wilke On Global Justice Or Global Revenge? International Criminal Justice At The Crossroads By Hans Köchler. New York: Springer, 2003., Christiane Wilke
Human Rights & Human Welfare
A review of:
Global Justice or Global Revenge? International Criminal Justice at the Crossroads by Hans Köchler. New York: Springer, 2003.
Evaluate Patentability Of Your Invention, Umakant Mishra
Evaluate Patentability Of Your Invention, Umakant Mishra
Umakant Mishra
The patent system is designed to encourage inventions that are useful to society by granting inventors absolute right to make profit from their inventions. While disclosing the invention benefits the society, protecting the invention benefits the inventor. But patents cannot protect each and every person who conceives an invention. While there are some common criteria of accepting an invention for patenting, the laws of patenting differ from country to country to some extent. The concept of patentability is also very vague in some instances of the legal system. Hence it is important to check the patentability of your invention in …
Hostis Humani Generi: Piracy, Terrorism And A New International Law, Douglas R. Burgess Jr.
Hostis Humani Generi: Piracy, Terrorism And A New International Law, Douglas R. Burgess Jr.
University of Miami International and Comparative Law Review
No abstract provided.
Patentability Criteria In Different Countries, Umakant Mishra
Patentability Criteria In Different Countries, Umakant Mishra
Umakant Mishra
The patent system is designed to attract inventors to disclose and protect their inventions. While disclosing the invention benefits the society, protecting the invention benefits the inventor. However, the invention must fulfill certain criteria to be patentable. Hence, patentability assessment is extremely important before filing a patent application. Although there are some commonalities in the criteria of patentability there are some differences from country to country depending on the law of the land. In many cases the criteria are very vague and the patent application may be rejected for several unforeseen reasons. A proper patentability assessment helps the inventors assessing …
John Paul Stevens, Human Rights Judge, Diane Marie Amann
John Paul Stevens, Human Rights Judge, Diane Marie Amann
Scholarly Works
This article explores the nature and origins of Supreme Court Justice John Paul Stevens' engagement with international and foreign law and norms. It first discusses Stevens' pivotal role in the revived use of such norms to aid constitutional interpretation, as well as 1990s opinions testing the extent to which constitutional protections reach beyond the water's edge and 2004 opinions on post-September 11 detention. It then turns to mid-century experiences that appear to have contributed to Stevens' willingness to consult foreign context. The article reveals that as a code breaker Stevens played a role in the downing of the Japanese general …
The Case For A Flat-Earth Law School, Erik M. Jensen
The Case For A Flat-Earth Law School, Erik M. Jensen
Faculty Publications
This essay suggests - usually politely - that the American legal academy has been overdoing its push for globalization, and, as a result, education in the basics has suffered. That's a pity because law school graduates need to know the basics to be successful not only in Smalltown USA, but also on a world stage.
Battered Nation Syndrome: Relaxing The Imminence Requirement Of Self-Defense In International Law, Michael Skopets
Battered Nation Syndrome: Relaxing The Imminence Requirement Of Self-Defense In International Law, Michael Skopets
American University Law Review
No abstract provided.
Battered Nation Syndrome: Relaxing The Imminence Requirement Of Self-Defense In International Law, Michael Skopets
Battered Nation Syndrome: Relaxing The Imminence Requirement Of Self-Defense In International Law, Michael Skopets
American University Law Review
No abstract provided.
Korea's Competition Law And Policies In Perspective Symposium On Competition Law And Policy In Developing Countries , Youngjin Jung, Seung Wha Chang
Korea's Competition Law And Policies In Perspective Symposium On Competition Law And Policy In Developing Countries , Youngjin Jung, Seung Wha Chang
Northwestern Journal of International Law & Business
The aim of this article is to provide an overview of competition law and competition policy in Korea and to analyze their relationship with other important national economic policies. Section II provides a historical survey of the country's competition law and policy. Section III examines the major components of the law and evaluates how the antitrust authority has actually enforced its provisions in practice. It also highlights elements of the law that have been tailored to Korea's unique economic circumstances. Section IV focuses on the relationship between competition policy and related economic policies-in particular, industrial policy and trade and investment …
The Limits Of Intervention—Humanitarian Or Otherwise, J. Peter Pham
The Limits Of Intervention—Humanitarian Or Otherwise, J. Peter Pham
Human Rights & Human Welfare
A review of:
The Dark Sides of Virtue: Reassessing International Humanitarianism by David Kennedy. Princeton: Princeton University Press, 2004. 400 pp.
and
At the Point of a Gun: Democratic Dreams and Armed Intervention by David Rieff. New York: Simon & Schuster, 2005. 288 pp.
He Knew Why He Was Here, D. D. Welch
He Knew Why He Was Here, D. D. Welch
Vanderbilt Journal of Transnational Law
Hal was passionate about his Transnational Legal Studies Program. He was brought to Vanderbilt in 1965 to build an international law program from scratch. In these days of globalization, it is difficult to remember how innovative his work was. In his first year, there were three international law courses at the Law School, all taught by him. There was a testy difference of opinion on campus about whether international law materials should be housed in the Law Library or remain in the University's Central Library...and there were not many materials in that collection. When Maier was named Director of the …
Finding The Winning Combination: How Blending Organ Procurement Systems Used Internationally Can Reduce The Organ Shortage, Sarah E. Statz
Finding The Winning Combination: How Blending Organ Procurement Systems Used Internationally Can Reduce The Organ Shortage, Sarah E. Statz
Vanderbilt Journal of Transnational Law
The shortage in transplantable organs worldwide not only leads to unnecessary death, but also to grave human rights abuses through illegal methods of procuring organs. The shortage leads some desperate to find an organ through any possible means, including purchasing an organ on the black market. The system for procuring organs in the United States is based on altruism, where potential donors have to opt in to the system in order for their organs to be donated. This creates issues at the time of death for medical professionals or the next of kin to decide whether their patient or loved …
Whose Law Is It Anyway? The Cultural Legitimacy Of International Human Rights In The United States, Elizabeth M. Bruch
Whose Law Is It Anyway? The Cultural Legitimacy Of International Human Rights In The United States, Elizabeth M. Bruch
Law Faculty Publications
No abstract provided.
The Alien Tort Statute And The Torture Victims' Protection Act: Jurisdictional Foundations And Procedural Obstacles, Eric A. Engle
The Alien Tort Statute And The Torture Victims' Protection Act: Jurisdictional Foundations And Procedural Obstacles, Eric A. Engle
Eric A. Engle
Outlines the jurisdictional and procedural obstacles to alien tort claims and claims under the torture victims's protection act and presents solutions to them.
Between Rogues And Liberals: Towards Value Pluralism As A Theory Of Freedom Of Religion In International Law, Peter G. Danchin
Between Rogues And Liberals: Towards Value Pluralism As A Theory Of Freedom Of Religion In International Law, Peter G. Danchin
Faculty Scholarship
No abstract provided.