Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 9 of 9

Full-Text Articles in Law

V.17-2, 2016 Masthead Jan 2016

V.17-2, 2016 Masthead

San Diego International Law Journal

No abstract provided.


Endemic Corruption In The People's Republic Of China, Emily Tran Jan 2016

Endemic Corruption In The People's Republic Of China, Emily Tran

San Diego International Law Journal

Since taking office in 2013, President Xi Jinping has emphasized the importance of enforcing his campaign against corruption. The number of bribery convictions issued in recent years and the possibility of receiving the death penalty for serious corruption-related crimes underscores the seriousness with which the CPC considers corruption. The penalties for bribery are harsh compared to most other countries and serve as a strong method of deterrence. Part II of this Article discusses the PRC's anti-corruption laws in the individual and commercial contexts and note the inherent problems in the CPC's enforcement efforts. Part III will discuss the impact of …


Bitter Biopharmaceuticals: Biologic Counterfeiting And Supply Chain Concerns, Jennifer Abma Jan 2016

Bitter Biopharmaceuticals: Biologic Counterfeiting And Supply Chain Concerns, Jennifer Abma

San Diego International Law Journal

Pharmaceutical counterfeiting is a growing area of public safety and national security concern. Biological medications are a growing portion of counterfeit medicines due to the high cost and opportunities for profit from these innovative drugs. Biologics are a unique target for counterfeiters in international commerce presentingunique hazards over traditional, more stable, pills. This Article explores the international biopharmaceutical supply chain and the regulatory weaknesses that compromise public health.


The Third Player-Illegal Combatant, Emanual Gross Jan 2016

The Third Player-Illegal Combatant, Emanual Gross

San Diego International Law Journal

This Article will examine the current status of the international law of war with respect to terrorist organizations and their operatives. The central argument of this article is that international humanitarian law is unable to cope with the reality of international terrorism. The basic definitions of "combatant" and "civilian" are not suitable within the context of the age of terrorism. In the past, combatants were presumed to be either a member of a state, or in the alternative, freedom fighters expressing an idea of resistance against a colonial occupation. Terrorist organizations and their members are not freedom fighters, but rather, …


The Currency Of History: The Possible, And Improper, Restriction On Ancient Egyptian Coinage, Cody Wisniewski Jan 2016

The Currency Of History: The Possible, And Improper, Restriction On Ancient Egyptian Coinage, Cody Wisniewski

San Diego International Law Journal

Any restriction on the importation of Egyptian artifacts into the United States between the United States and the Arab Republic of Egypt should not contain a restriction on the importation of Ancient Egyptian coins. Emergency restrictions on the importation of Ancient Egyptian coins would be inappropriate for three reasons. First, Ancient Egyptian coinage does not fit within the narrowly tailored requirements that the United States employs in order to impose import restrictions on particular artifacts. Second, the United States is the only country that is a signatory to the 1970 UNESCO Convention that is enacting such restrictions on ancient coinage, …


V. 18-1, 2016 Masthead Jan 2016

V. 18-1, 2016 Masthead

San Diego International Law Journal

No abstract provided.


Gone But Not Forgotten: Recognizing The Right To Be Forgotten In The U.S. To Lessen The Impacts Of Data Breaches, Ashley Stenning Jan 2016

Gone But Not Forgotten: Recognizing The Right To Be Forgotten In The U.S. To Lessen The Impacts Of Data Breaches, Ashley Stenning

San Diego International Law Journal

This Comment will explore the right to be forgotten, how it is recognized in the European Union, and the trend toward the existence of such a right in the United States. Additionally, this comment will discuss how the right to be forgotten could lessen the impact data breaches have on individuals through the lens of the Ashley Madison hack. Lastly, this comment will discuss how, if the United States narrowed the scope of the European Union’s concept of the right to be forgotten to fit into the United States’ view of privacy and the First Amendment, the impact of data …


The Evolution Of China’S Legislation On Reproduction, Du Yifang Jan 2016

The Evolution Of China’S Legislation On Reproduction, Du Yifang

San Diego International Law Journal

This Article discusses how Chinas policy on reproduction developed from one that encouraged population growth to the very restrictive one-child policy. Part I discusses the factors underlying the establishment of the reproduction system after 1949. Part II analyzes the transition of national olicy and legislation over the period from 1980 to 2001 from encouraging to controlling childbirth. Part III discusses, in detail, the development and implementation of the one-child policy, and Part IV discusses the effects of this development. Finally, Part V explains the 2016 amendment to the Population and Family Planning Law in China, which abandoned the one-child policy.


Extraterrestrial Property Rights: Utilizing The Resources Of The Final Frontier, John Myers Jan 2016

Extraterrestrial Property Rights: Utilizing The Resources Of The Final Frontier, John Myers

San Diego International Law Journal

In sum, space exploration offers three important opportunities for the United States. First, space exploration promotes scientific progress and international cooperation. Second, space exploration will drive the world economy by creating new jobs and introducing exploited space resources into the markets. Third, space exploration will reverse the decline of the United States in math and science by inspiring children to be interested in STEM fields. More than fifty years later, President Kennedy words still ring true: ;[N]o nation which expects to be the leader of other nations can expect to stay behind in the race for space