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Articles 1 - 6 of 6
Full-Text Articles in Law
Bittersweet: A Potential Avenue To International Tort Liability For American Companies In The Cocoa Supply Chain, Sara Leonhartsberger
Bittersweet: A Potential Avenue To International Tort Liability For American Companies In The Cocoa Supply Chain, Sara Leonhartsberger
University of Cincinnati Law Review
No abstract provided.
Incomplete International Investment Law -- Applying The Incomplete Contract Theory, Tae Jung Park
Incomplete International Investment Law -- Applying The Incomplete Contract Theory, Tae Jung Park
University of Cincinnati Law Review
There is a puzzle in the field of international investment law: many negotiating countries fail to complete their International Investment Agreements (“IIA”) and postpone the renegotiations for completion as well. The literature on IIAs has neglected to consider the existence, causes, and solutions of this phenomenon. This study employs the incomplete contract theory to explain the causes and solutions surrounding this phenomenon.
History Repeating Itself: The Resurgence Of The Taliban And The Abandonment Of Afghan Women, Hannah Bogaert
History Repeating Itself: The Resurgence Of The Taliban And The Abandonment Of Afghan Women, Hannah Bogaert
Immigration and Human Rights Law Review
For two decades the United States and its allies fought against the Taliban in Afghanistan. After the U.S. withdrawal from Afghanistan in late 2021, the Taliban has once again claimed the power of the country. The Taliban has already begun to implement restrictions that deny Afghan women their human rights. This article will outline the Taliban’s disregard for the International Bill of Human Rights, analyzing the Taliban’s observance of human rights before the U.S. invasion in 2001, post- U.S. withdrawal expressions by the Taliban in 2021, and post-U.S. withdrawal actions in 2021. Finally, this article will analyze different actions available …
The Migrant Protection Protocols: Two Administrations, One Outcome, Alexandria Doty
The Migrant Protection Protocols: Two Administrations, One Outcome, Alexandria Doty
Immigration and Human Rights Law Review
Immigrants have long seen the southern border of the United States as the last stop before they are able to enter the land of the free. The Department of Homeland Security, however, strives to make the southern border as inhospitable as possible to those hoping to cross. The Migrant Protect Protocols is the latest attempt from Washington to block access to the United States to immigrants who are detained by forcibly returning them to Mexico to await their deportation proceedings. While Americans have read stories of families being torn apart at the border or listened to interviews of politicians promising …
Taking Arlington To New Heights: The Carrillo-Lopez Decision, Caroline Henneman
Taking Arlington To New Heights: The Carrillo-Lopez Decision, Caroline Henneman
Immigration and Human Rights Law Review
Former President Trump campaigned on a promise to build a wall between the United States and Mexico. Though President Trump did not fulfill this promise, he highlighted the amount of unchecked power his administration had over immigration law through policy enactments. Throughout the centuries, various Presidents and sessions of Congress utilized this unbridled power to discriminate against migrants on the basis of race. In 1952, Congress enacted the Immigration and Nationality Act, which repealed several explicitly racist requirements but overlooked other racially charged laws from prior statutes, such as criminally punishing unlawful re-entry found in 8 U.S.C. §1326. On August …
Recognition And Enforcement Of Foreign Judgments In American Courts And The Limits Of The Law Market Model, Michael E. Solimine
Recognition And Enforcement Of Foreign Judgments In American Courts And The Limits Of The Law Market Model, Michael E. Solimine
Faculty Articles and Other Publications
The law market model posits that the most appropriate resolution of choice of law disputes in private international law is to permit individuals to choose ex ante the law that applies to them. This is contrasted to the public law model where courts choose law based on the perceived interests of, or the parties’ connections with, the states or nations involved. The law market model envisions that consumer choice will lead to a healthy competition among jurisdictions to supply the most efficient law. This model has been followed in several areas, most notably in the widespread enforcement, at least within …