Law Commons^™

Beyond Judicial Populism, Anil Kalhan

Anil Kalhan

No abstract provided.

Anatomy Of Dissent In Islamic Societies, Ahmed Souaiaia

Ahmed E SOUAIAIA

The 'Arab Spring' that began in 2011 has placed a spotlight on the transfer of political power in Islamic societies, reviving old questions about the place of political dissent and rebellion in Islamic civilization and raising new ones about the place of religion in modern Islamic societies.

In Anatomy of Dissent in Islamic Societies, Ahmed E. Souaiaia examines the complex historical evolution of Islamic civilization in an effort to trace the roots of the paradigms and principles of Islamic political and legal theories. This study is one of the first attempts at providing a fuller picture of the place of …

Remarks By Winston Langley, Provost And Vice Chancellor For Academic Affairs At Umass Boston, Winston Langley

Winston E. Langley

Provost and Vice Chancellor for Academic Affairs at UMass Boston, Winston Langley, discusses Rita Arditti, human rights, and the Abuelas de Plaza de Mayo.

A Presence Of The Past: The Legal Protection Of Singapore’S Archaeological Heritage, Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

Avoiding The Subject: The Opium War, Opium-Markets, And The Exclusion Of Chinese Laborers In The United States, Canada, And Mexico, Olivia L. Blessing

Olivia L Blessing

The 19th century saw significant increases in the number of Chinese immigrants entering North America, most significantly on the west coast of the United States. Already facing increasing divide amongst the American population over the issue of the Opium Wars and the resulting Opium-addiction amongst the Chinese, the United States found itself now confronting the problem in the form of immigrant workers. Although the Opium Wars and the issue of the Chinese Opium Dens were highly disputed outside the courts, the State and Federal courts surprisingly avoided discussing the topic in their legislative discussions surrounding the Chinese Exclusion Act of …

Artistic And Cultural Practices In Urban Spaces: Law, Justice, Contestation, Matilda Arvidsson, Peter Bengtsen

Dr Matilda Arvidsson

For the 2013 Critical Legal Conference, we sent out a call for papers which dealt with different perspectives on artistic and cultural practices in the transitional and contested territory of urban public space. With nearly 50 abstracts received from all over the world, the response to our call was overwhelming. Ethnographers, sociologists, art historians, architects, artists, and cultural entrepreneurs wanted to engage with law. Interestingly, judging from the abstracts, legal scholars seemed less concerned with engaging in a discussion of artistic expressions, as few responded to the call. Departing from this experience we seek to approach the urban space, art …

Emergent Public Discourse And The Constitutional Debate In Tunisia: A Critical Narrative Analysis, Nathaniel Greenberg

Nathaniel Greenberg

The appointment of the Minister of Industry, the so-called “technocrat” Mehdi Jomaa, to form a caretaker government in Tunisia on the eve of the revolution’s third anniversary, threw into stark relief the country’s complex struggle for democracy following the January 14 revolution. The announcement came in the wake of the Islamist party Ennahdha’s sudden renunciation of the Prime Minister’s office in September, ostensibly a sign of cooperation in the face of mounting criticism surrounding the government’s failure to investigate the assassinations of two political opposition figures. A number of Western media outlets, including the New York Times, quickly absorbed the …

Gaps, Issues And Prospects: International Law And The Protection Of Underwater Cultural Heritage, Lowell Bautista

Lowell Bautista

The protection and preservation of underwater cultural heritage is becoming an increasingly important issue as technologies develop which allow for its exploitation. The UNESCO Convention on the Protection of Underwater Cultural Heritage ("UCH Convention") is an important step in the international regulation of this resource. This paper examines the theoretical and historical antecedents of the UCH Convention, and outlines the Convention's most significant provisions. Specifically, this paper examines how the UCH Convention protects underwater cultural heritage in six areas: internal waters, the territorial sea, the contiguous zone, the exclusive economic zone, the continental shelf, and the Area. This paper then …

Power To The People: Building Sustainable Jobs In The Illawarra: A Report For The South Coast Labour Council, Mike Donaldson, Scott Burrows, Ann Hodgkinson, Frank Neri, Peter Kell, Chris Gibson, Gordon Waitt, Frank Stillwell

Chris Gibson

13 Februrary, 2009 Green Jobs Illawarra – Outline Brief South Coast Labour Council – Regional Employment Strategy This is a brief of the regional green jobs strategy for consideration at the meeting of the multi-disciplinary group at the University of Wollongong. Naturally the Labour Council welcomes suggestions about the strategy and its implementation. Objective To develop, promote and implement a regional strategy to create jobs in the green and other emerging industries which will form one (important) part of the region’s response to the expected job losses caused by the global economic crisis.

States' Rights In The Twenty-First Century, Jay Tidmarsh, Mark Racicot, Robert Miller, Michael Greve

Jay Tidmarsh

No abstract provided.

Should A Christian Lawyer Sign Up For Simon's Practice Of Justice?, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.

The Legal Ethics Of Radical Individualism, Thomas Shaffer

Thomas L. Shaffer

No abstract provided.

Christian Theology For Roman Catholic Law Schools, Thomas L. Shaffer, Robert E. Rodes Jr.

Thomas L. Shaffer

No abstract provided.

Maybe A Lawyer Can Be A Servant; If Not…, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.

More's Skill, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.

Christian Theories Of Professional Responsibility, Thomas Shaffer

Thomas L. Shaffer

No abstract provided.

Christian Theology For Roman Catholic Law Schools, Thomas L. Shaffer, Robert E. Rodes Jr.

Robert Rodes

No abstract provided.

Ensuring The Preservation Of Submerged Treasures For The Next Generation: The Protection Of Underwater Cultural Heritage In International Law, Lowell Bautista

Lowell Bautista

In a historic moment that culminated almost a decade of negotiations, the Convention on the Protection of the Underwater Cultural Heritage (UCH Convention) was adopted on 2 November 2001.2 The UCH Convention is the fourth international instrument dealing with cultural heritage adopted under the aegis of the United Nations Educational, Scientific and Cultural Organization (UNESCO) and the first one specifically addressing the protection of underwater cultural heritage (UCH) in international law.3 The UCH Convention is the first universal instrument that exclusively deals with the preservation of UCH in international waters. The UCH Convention builds upon and addresses the gaps of …

The Historical Context And Legal Basis Of The Philippine Treaty Limits, Lowell Bautista

Lowell Bautista

The Philippines, on the basis of historic right of title, claims that its territorial sea extends to the limits set forth in the colonial treaties, which define the extent of the archipelago at the time it was ceded from Spain to the U.S. in 1898. The line drawn around the archipelago marks the outer limits of the historic territorial seas of the Philippines, which will be referred to here as the Philippine Treaty Limits. The Philippine Treaty Limits are contested in international law because they evidently breach the twelve-mile breadth of the territorial sea provided for in the Law of …

The Implications Of Recent Decisions Of International Courts And Tribunals On The Territorial And Maritime Boundary Disputes In East And Southeast Asia (Nbr Special Report No.37 - Pp105-128), Lowell Bautista

Lowell Bautista

EXECUTIVE SUMMARY

This essay examines recent decisions of international courts and tribunals—specifically, the 2009 Maritime Delimitation in the Black Sea case between Romania and Ukraine—and draws implications for the territorial and maritime boundary disputes in East and Southeast Asia.

Main Findings The judgment of the International Court of Justice (ICJ) in the Black Sea case is a landmark jurisprudential contribution to the development of the law of maritime delimitation. In this case, the ICJ explicitly provided a three-stage delimitation method—which, although not novel, is a clarification and clear articulation not seen in previous cases.

The peaceful settlement of disputes over …

Bioprospecting Or Biopiracy: Does The Trips Agreement Undermine The Interests Of Developing Countries?, Lowell Bautista

Lowell Bautista

The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) created within the framework of the World Trade Organization (WIO) poses a contentious discord between developed and developing nations. The criticism that TRIPS is nothing more than a modern vehicle of western imperialism encapsulates the perception that the TRIPS is inimical to the interests of developing countries. The ostensible failure of the wro regime to raise the living standards of developing countries, a centerpiece putative effect of economic liberalization heralded in the Uruguay Round, miserably highlighted the fundamental social, cultural and widening economic differences between the two bipolarized camps.

The Legal Status Of The Philippine Treaty Limits In International Law, Lowell Bautista

Lowell Bautista

The fundamental position of the Philippines is that the limits of its national territory are the boundaries laid down in the 1898 Treaty of Paris which ceded the Philippines from Spain to the United States. The position of the Philippine Government is contested in the international community and runs against rules in the Law of the Sea Convention, which the Philippines signed and ratified. The issue of the legal status of the Philippine Treaty Limits in international law has been subject of much academic debate and serious criticisms. This paper will analyse the legal status of the Philippine Treaty Limits …

The Philippine Treaty Limits And Territorial Water Claim In International Law, Lowell Bautista

Lowell Bautista

The fundamental position of the Philippines regarding the extent of its territorial and maritime boundaries is based on two contentious premises: first, that the limits of its national territory are the boundaries laid down in the 1898 Treaty of Paris which ceded the Philippines from Spain to the UnitedStates; and second, that all the waters embraced within these imaginary lines are its territorial waters. The position of the Philippine Government is contested in the international community and runs against rules in the Law of the SeaConvention, which the Philippines signed and ratified. This situation poses two fundamental unresolved issues of …

Thinking Outside The Box: The South China Sea Issue And The United Nations Convention On The Law Of The Sea (Options, Limitations And Prospects), Lowell Bautista

Lowell Bautista

The South China Sea issue is a geopolitical tinder box waiting to explode.2 It is clear that the primary reason for the claims is based on its strategic location and its hydrocarbon potential,3 However, this is more than a simple conflict over resources.4 The issue goes beyond the question of territorial sovereignty and natural resource jurisdiction.s This 1S more than a legalquestion of ownership.

Philippine-China Border Relations: Cautious Engagement Amidst Tensions, Lowell Bautista, Clive Schofield

Lowell Bautista

Conflicting claims to sovereignty over islands, related overlapping maritime claims, and undelimited maritime boundaries are an enduring source of tension between the Philippines and China. In particular, an influential and often corrosive factor in their bilateral relations is their competing claims in the South China Sea. China asserts territorial sovereignty over numerous islands in the southern South China Sea, generally referred to as the Spratly (Nansha) islands, on historic grounds. Meanwhile, the Philippines claims sovereignty over many of the same islands, which it refers to as the Kalayaan Island Group (KIG), on the basis of discovery and effective occupation (see …

The Historical Background, Geographical Extent And Legal Bases Of The Philippine Territorial Water Claim, Lowell Bautista

Lowell Bautista

The Philippine territorial water claim is unique in international law. On the basis of historic right of title, the Philippines claims a rectangular territorial sea fully enclosing the entirety of the archipelago, which at some points exceed 12 nautical miles in breadth. The 1982 Law of the Sea Convention, which the Philippines signed and ratified, prescribes the maximum breadth of the territorial sea at 12 nautical miles. For this reason, the Philippine territorial sea claim has been criticized for being excessive. This paper will discuss and clarify the historical background, geographical extent, and legal bases of the Philippine territorial water …

Philippine Territorial Boundaries: Internal Tensions, Colonial Baggage, Ambivalent Conformity, Lowell Bautista

Lowell Bautista

The territorial boundaries of the Philippines, inherited from Spain and the United States in 1898, are disputed in international law. The boundaries of the Philippines are not recognised by the international community for two principal reasons: first, because of the fundamental position of the Philippines that the limits of its national territory are the boundaries laid down in the 1898 Treaty of Paris which ceded the Philippines from Spain to the United States; and second, is its claim that all the waters embraced within these imaginary lines are its territorial waters. The Philippine Government is not unaware of these issues …

Development Of Catholic Moral Doctrine: Probing The Subtext, M. Kaveny

M. Cathleen Kaveny

No abstract provided.

Assimilation, Toleration, And The State's Interest In The Development Of Religious Doctrine, Richard Garnett

Richard W Garnett

Thirty-five years ago, in the context of a church-property dispute, Justice William Brennan observed that government interpretation of religious doctrine and judicial intervention in religious disputes are undesirable, because when civil courts undertake to resolve [doctrinal] controversies..., the hazards are ever present of inhibiting the free development of religious doctrine and of implicating secular interests in matters of purely ecclesiastical concern. This statement, at first, seems wise and fittingly cautious, even unremarkable and obvious. On examination, though, it turns out to be intriguing, elusive, and misleading. Indeed, Justice Brennan's warning presents hazards of its own, and its premises - if …

The Clerks Of The Four Horsemen, Barry Cushman

Barry Cushman

The names of Holmes clerks such as Tommy Corcoran and Francis Biddle, of Brandeis clerks such as Dean Acheson and Henry Friendly, and of Stone clerks such as Harold Leventhal and Herbert Wechsler ring down the pages of history. But how much do we really know about Carlyle Baer, Tench Marye, or Milton Musser? This article follows the interesting and often surprising lives and careers of the men who clerked for the Four Horsemen - Justices Van Devanter, McReynolds, Sutherland, and Butler. These biographical sketches confound easy stereotypes, and prove the adage that law, like politics, can make for strange …