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Articles 31 - 60 of 1135
Full-Text Articles in Law
Safety Inside And Out: Why International Human Rights Standards Fail To Curb The Worst Excesses Of Police Policies And Practices, Dr. Mary O'Rawe
Safety Inside And Out: Why International Human Rights Standards Fail To Curb The Worst Excesses Of Police Policies And Practices, Dr. Mary O'Rawe
Georgia Journal of International & Comparative Law
No abstract provided.
How Police Culture Shapes Use Of Lethal Force: A Response To Flores Et Al., Dr. Tara Lai Quinlan
How Police Culture Shapes Use Of Lethal Force: A Response To Flores Et Al., Dr. Tara Lai Quinlan
Georgia Journal of International & Comparative Law
No abstract provided.
Global Impunity: How Police Laws & Policies In The World's Wealthiest Countries Fail International Human Rights Standards, Claudia Flores, Brian Citro, Nino Guruli, Mariana Olaizola Rosenblat, Chelsea Kehrer, Hannah Abrahams
Global Impunity: How Police Laws & Policies In The World's Wealthiest Countries Fail International Human Rights Standards, Claudia Flores, Brian Citro, Nino Guruli, Mariana Olaizola Rosenblat, Chelsea Kehrer, Hannah Abrahams
Georgia Journal of International & Comparative Law
No abstract provided.
Invoke Your Right To Remain Silent After You Confess: Self-Reporting Regulations And Potential Conflicts With International Law Prohibiting Compulsory Self-Incrimination, Patrick Testa
Georgia Journal of International & Comparative Law
No abstract provided.
Transfer Of Child Offenders To Adult Criminal Courts In The Usa: An Unnecessary Exercise, Unconstitutional Practice, International Law Violation, Or All Of The Above?, Roger-Claude Liwanga, Patrick Ibe
Transfer Of Child Offenders To Adult Criminal Courts In The Usa: An Unnecessary Exercise, Unconstitutional Practice, International Law Violation, Or All Of The Above?, Roger-Claude Liwanga, Patrick Ibe
Georgia Journal of International & Comparative Law
There is an ongoing debate over the legality and effectiveness of the use of judicial waiver as a tool to fight violent crimes, including those committed by children in the United States. Judicial waiver or transfer of juveniles is a process by which child offenders are transferred from the juvenile court to adult criminal courts to be tried and sentenced as adult offenders. Despite the implicit recognition of the constitutionality of this practice by the United States Supreme Court, this paper contends that the transfer of child offenders to adult criminal courts violates key provisions of the Convention on the …
Protecting The Right To Food In The Era Of Covid-19 And Beyond, Ying Chen
Protecting The Right To Food In The Era Of Covid-19 And Beyond, Ying Chen
Georgia Journal of International & Comparative Law
No abstract provided.
On Command, Diane Marie Amann
On Command, Diane Marie Amann
Scholarly Works
By reference to the Lieber Code and other sources, this essay emphasizes the history of responsibility underlying the doctrine of command responsibility, and further criticizes developments that seem to have intermingled that doctrine with what are called “modes of liability. The essay urges that consideration of commander responsibility stand apart from other such “modes,” and cautions against a jurisprudence that raises the risk that, before fora like the International Criminal Court, no one can be held to account. It appears in a symposium issue exploring a 2020 Cambridge University Press book by Darryl Robinson, Justice in Extreme Cases: Criminal Law …
Introduction To The Symposium On Frédéric Mégret, "Are There 'Inherently Sovereign Functions' In International Law?", Melissa J. Durkee
Introduction To The Symposium On Frédéric Mégret, "Are There 'Inherently Sovereign Functions' In International Law?", Melissa J. Durkee
Scholarly Works
Imagine a future in which the U.S. government has closed the postal service, shuttered its administrative apparatus, and stopped funding education. Confirmation battles have dismantled the federal judiciary, with most adjudication now performed by private arbitrators. After years of erosion of public standards, corporate environmental and labor practices are now left to voluntary self-regulation and market pressures. Private military and security companies command and regulate a vast military infrastructure, executing contracts to meet U.S. intelligence and defense requirements. Prisons have been fully privatized. After losing faith in elections, the U.S. populace no longer insists on them. The country is administered …
Self-Defense To Cyber Force: Combatting The Notion Of 'Scale And Effect', Thomas Eaton
Self-Defense To Cyber Force: Combatting The Notion Of 'Scale And Effect', Thomas Eaton
Scholarly Works
The ability to reach out, with a few keystrokes or a couple lines of code, through the interconnected world of cyberspace and create militarily advantageous effects 10,000 miles away has changed warfare as previously conceived, perhaps more than any other advancement in any other domain of war. Cyber weapons are weapons, and whatever law applies to conventional weapons equally applies to cyber weapons. Long before cyber operations were even science fiction, there was much debate over what constituted a use of force that would justify force in response. In many ways, the debate over what constitutes cyber-attacks has been pasted …
Interpretive Entrepreneurs, Melissa J. Durkee
Interpretive Entrepreneurs, Melissa J. Durkee
Scholarly Works
Private actors interpret legal norms, a phenomenon I call "interpretive entrepreneurship." The phenomenon is particularly significant in the international context, where many disputes are not subject to judicial resolution and there is no official system of precedent. Interpretation can affect the meaning of laws over time. For this reason, it can be a form of "post hoc" international lawmaking, worth studying alongside other forms of international lobbying and norm entrepreneurship by private actors. The Article identifies and describes the phenomenon through a series of case studies that show how, why, and by whom it unfolds. The examples focus on entrepreneurial …
Are We (Americans) All International Realists Now?, Harlan G. Cohen
Are We (Americans) All International Realists Now?, Harlan G. Cohen
Scholarly Works
Is American international law distinctly legal realist? The claim is often made, but underexplored. What would it mean for American international law scholarship and practice to be legal realist in its orientation? Where would such an orientation come from, and what do those origin stories mean for current international law work? Are there common realist-inspired approaches within the varied schools of American international law scholarship? Does wielding those approaches produce distinctly American views on international law doctrine, its operation, or its function? And if American international law scholarship and practice is, in these ways, somewhat distinct, what does it mean …
International Law As Behavior: An Agenda, Harlan G. Cohen, Timothy Meyer
International Law As Behavior: An Agenda, Harlan G. Cohen, Timothy Meyer
Scholarly Works
Over the past few decades, scholars in a variety of fields – economics, psychology, sociology, anthropology, and international relations, among others – have made enormous strides studying the behavioral roots of international law by exploring individual motivations, describing organizational cultures, and mapping communities of practice. Taken together, the work of these scholars presents a complex, nuanced understanding of how international law works. However, these projects are rarely considered together: often separated by academic enclosures and focused on different subfields within international law, communication among scholars using different methodologies is restricted. The goal of this book is to break down some …
Justice As Message Symposium: What We See When We See Law … Through The Eyes Of Dame Laura Knight, Diane Marie Amann
Justice As Message Symposium: What We See When We See Law … Through The Eyes Of Dame Laura Knight, Diane Marie Amann
Scholarly Works
The eye cannot help but be drawn to the cover of Justice as Message, the new analysis by Carsten Stahn of, to quote the subtitle, Expressivist Foundations of International Criminal Justice. On the high-gloss paper jacket we see a tableau of blacks and browns and olive drab, accented only by the purple of a lawyer’s robe and the teal of a dossier perched on the bar behind him. In front, we see that the bench is buried in paper – paper that turns to ashes as the back wall gives way to a vision of buildings in ruin …
Circuit Split Deepened By Second Circuit's 'Functional' Test Application In Recent Section 1782 Ruling, Peter B. Rutledge, Emina Sadic Herzberger
Circuit Split Deepened By Second Circuit's 'Functional' Test Application In Recent Section 1782 Ruling, Peter B. Rutledge, Emina Sadic Herzberger
Popular Media
Federal law authorizes district courts to order discovery for use in a proceeding before a "foreign or international tribunal." While that law, 28 U.S.C. § 1782, permits interested persons to request such discovery, neither the statutory language nor Supreme Court jurisprudence definitively resolves whether private arbitral tribunals fall within its scope. Unsurprisingly, the lack of clear guidance on this matter has triggered a circuit split, with the Second and Fifth Circuits generally declining to extend § 1782 to private arbitral tribunals while the Fourth and Sixth Circuits broadly interpret the statutory language to apply § 1782 to private arbitral tribunals. …
National And International Security In Space: International Law Implications Of Space Force And Planetary Defense, Dr. Andrea Harrington
National And International Security In Space: International Law Implications Of Space Force And Planetary Defense, Dr. Andrea Harrington
Georgia Journal of International & Comparative Law
No abstract provided.
In Support Of Global Accountability For Private Commercial Space Actors, Julia Selman Ayetey
In Support Of Global Accountability For Private Commercial Space Actors, Julia Selman Ayetey
Georgia Journal of International & Comparative Law
No abstract provided.
Who Has The Power? A Critical Perspective On Space Governance And New Entrants To The Space Sector, Dr. Cassandra Steer
Who Has The Power? A Critical Perspective On Space Governance And New Entrants To The Space Sector, Dr. Cassandra Steer
Georgia Journal of International & Comparative Law
No abstract provided.
Reflections On Space Governance By China And Japan, Saadia M. Pekkanen
Reflections On Space Governance By China And Japan, Saadia M. Pekkanen
Georgia Journal of International & Comparative Law
No abstract provided.
Space Governance 3.0, Brian R. Israel
Space Governance 3.0, Brian R. Israel
Georgia Journal of International & Comparative Law
No abstract provided.
The Future Of Space Governance, Melissa J. Durkee
The Future Of Space Governance, Melissa J. Durkee
Georgia Journal of International & Comparative Law
Introduction to special conference issue
Set The Controls For The Heart Of The Moon: Is Existing Law Sufficient To Enable Resource Extraction On The Moon?, Mark J. Sundahl, Jeffrey A. Murphy
Set The Controls For The Heart Of The Moon: Is Existing Law Sufficient To Enable Resource Extraction On The Moon?, Mark J. Sundahl, Jeffrey A. Murphy
Georgia Journal of International & Comparative Law
No abstract provided.
New Ways And Means To Strengthen The Responsible And Peaceful Use Of Outer Space, David Kuan-Wei Chen
New Ways And Means To Strengthen The Responsible And Peaceful Use Of Outer Space, David Kuan-Wei Chen
Georgia Journal of International & Comparative Law
No abstract provided.
Structuring The Governance Of Space Activities Worldwide, Frans G. Von Der Dunk
Structuring The Governance Of Space Activities Worldwide, Frans G. Von Der Dunk
Georgia Journal of International & Comparative Law
No abstract provided.
Circuit Board Jurisdiction: Electronic Payments And The Presumption Against Extraterritoriality, Samuel L. Hatcher
Circuit Board Jurisdiction: Electronic Payments And The Presumption Against Extraterritoriality, Samuel L. Hatcher
Georgia Journal of International & Comparative Law
No abstract provided.
Between Hope And Critique: Human Rights, Social Justice And Re-Imagining International Law From The Bottom Up, Lorenzo Cotula
Between Hope And Critique: Human Rights, Social Justice And Re-Imagining International Law From The Bottom Up, Lorenzo Cotula
Georgia Journal of International & Comparative Law
No abstract provided.
Threats To The Rule Of Law In Africa, John Mukum Mbaku
Threats To The Rule Of Law In Africa, John Mukum Mbaku
Georgia Journal of International & Comparative Law
No abstract provided.
Silencing Xinjiang: The Chinese Government's Campaign Against The Uyghurs, Connor W. Dooley
Silencing Xinjiang: The Chinese Government's Campaign Against The Uyghurs, Connor W. Dooley
Georgia Journal of International & Comparative Law
No abstract provided.
First Responders, Second Priority: Georgia's Inmate Firefighter Program And International Human Rights Standards, Erin Paige Mcgonigle
First Responders, Second Priority: Georgia's Inmate Firefighter Program And International Human Rights Standards, Erin Paige Mcgonigle
Georgia Journal of International & Comparative Law
No abstract provided.
Globalists And The Corruption Of Sources, Amy Baker Benjamin
Globalists And The Corruption Of Sources, Amy Baker Benjamin
Georgia Journal of International & Comparative Law
No abstract provided.
The Case Of Palestine Against The Usa At The Icj: A Non-Starter Or Precedent-Setter?, Md. Rizwanul Islam
The Case Of Palestine Against The Usa At The Icj: A Non-Starter Or Precedent-Setter?, Md. Rizwanul Islam
Georgia Journal of International & Comparative Law
No abstract provided.