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Articles 1 - 30 of 523
Full-Text Articles in Law
The War On Terror, Gwyn Prins, Stanley Heginbotham, John Cooley, Steven Van Evera, Jack Blum, Jonathan Schell
The War On Terror, Gwyn Prins, Stanley Heginbotham, John Cooley, Steven Van Evera, Jack Blum, Jonathan Schell
New England Journal of Public Policy
Presents comments (from the EPIIC Symposium at Tufts University, February 2004) concerning the war on terror; concern on the problem about terrorism; elaboration on the claim that the world is not in a global war on terror; and problems of the use and abuse of the word terrorism.
David P. Forsythe On Non-State Actors And Human Rights. Edited By Philip Alston. Oxford, Uk: Oxford University Press, 2005. 350pp., David P. Forsythe
David P. Forsythe On Non-State Actors And Human Rights. Edited By Philip Alston. Oxford, Uk: Oxford University Press, 2005. 350pp., David P. Forsythe
Human Rights & Human Welfare
No abstract provided.
Balancing Deterrence, Comity Considerations, And Judicial Efficiency: The Use Of The D.C. Circuit's Proximate Cause Standards For Determining Subject Matter Jurisdiction Over Extraterritorial Antitrust Cases, Stephanie Casy
American University Law Review
No abstract provided.
Splitting The Baby: An Analysis Of The Supreme Court's Take On Customary International Law Under The Alien Tort Statute In Sosa V. Alvarez-Machain, Brinton M. Wilkins
Splitting The Baby: An Analysis Of The Supreme Court's Take On Customary International Law Under The Alien Tort Statute In Sosa V. Alvarez-Machain, Brinton M. Wilkins
BYU Law Review
No abstract provided.
Foreword, Leslie A. Robinson
Foreword, Leslie A. Robinson
San Diego International Law Journal
The articles appearing in Volume 7 of San Diego International Law Journal span the globe and cover the breadth of international law. The concept of globalization offers a prism through which to view the articles in this issue. The first three articles are focused on Africa. Nsongurua Udombana eloquently addresses the need for both debt relief and the full integration of Africa into the global trading system. Karol Boudreaux analyzes the conflict over land rights in Nigeria's Plateau State under the Land Use Act of 1978, which nationalized all land in Nigeria. Edward Fluet discusses the impact of the trade …
The Summer Has Ended And We Are Not Saved! Towards A Transformative Agenda For Africa's Development, Nsongurua J. Udombana
The Summer Has Ended And We Are Not Saved! Towards A Transformative Agenda For Africa's Development, Nsongurua J. Udombana
San Diego International Law Journal
This Article examines the promised debt relief and commends the G8 for taking the initiative to assist a continent in crisis. The Article, however, argues that debt relief is far from a complete cure, and that Sub-Saharan Africa (SSA) needs more than handouts from the G8 to overcome poverty. Debt relief is merely the end of the beginning; it is, at best, a gesture of support to Africa's effort at meeting human security, which the African Union (A.U.) defines as "the security of the individual in terms of satisfaction of his/her basic needs." Africa's problems are conspicuous, though their solutions …
The Human Face Of Resource Conflict: Property And Power In Nigeria, Karol C. Boudreaux
The Human Face Of Resource Conflict: Property And Power In Nigeria, Karol C. Boudreaux
San Diego International Law Journal
This paper considers possible answers to these difficult questions by focusing on two issues: the evolution of legal norms in response to both endogenous and exogenous changes, and the role that African customary law and indigenous dispute resolution has played in promoting coordination and cooperation among group members, thereby reducing violent conflict. This paper explores legislative actions taken by the Nigerian government that impede the continued evolution of these relatively elastic customary legal norms. Property norms under customary Nigerian law were flexible enough to provide a wide variety of property rights and allow for the peaceful trading and reasonable protection …
Legislative And Policy Responses To Terrorism, A Global Perspective, Amos N. Guiora
Legislative And Policy Responses To Terrorism, A Global Perspective, Amos N. Guiora
San Diego International Law Journal
While Tuesday morning, September 11, 2001, would strike most Americans as the starting date for terrorism- at least as understood by a recently attacked America- the truth is very different both from the American and international perspective. The scope and intensity of the attack that Tuesday morning dramatically changed the American response to terrorism in the short-term and long-term. The change in America's response has impacted the American political debate, its way of life, and its legal and policy perspectives regarding terrorism and counter-terrorism alike. September 11 also had a global impact from an operational, intelligence-gathering, policy and legal perspective. …
Conflicts Diamonds: U.S. Responsibility And Response, Edward R. Fluet
Conflicts Diamonds: U.S. Responsibility And Response, Edward R. Fluet
San Diego International Law Journal
This Article will examine U.S. and international efforts to combat the trade in conflict diamonds. Specifically, this article will detail their failures and examine the need for U.S. backed legislation to prevent the conflict diamond trade more effectively. This article proceeds as follows: Part I will examine the effect of the conflict diamond trade on those caught in the grip of civil war and terrorism. Part II will analyze international efforts to curtail conflict diamonds trade, specifically examining international support of the Kimberley Process. Part III and IV will examine the United States'efforts to regulate conflict diamonds and the inherent …
Saving Salvage: Avoiding Misguided Changes To Salvage And Finds Law, Christopher Z. Bordelon
Saving Salvage: Avoiding Misguided Changes To Salvage And Finds Law, Christopher Z. Bordelon
San Diego International Law Journal
In recent years, as technology permitting previously impossible underwater salvage operations has become available, ancient principles of the laws of salvage and of finds as applied to sunken ships have come under attack. Those who would limit or preclude the application of salvage and finds principles and the conduct of salvage operations in the context of shipwrecks have advocated changes in both the common law of admiralty and in related statutory law. They have also supported an international convention on the subject. Academic commentary favoring heightened preservation praises these developments and promotes further initiatives to protect the "underwater cultural heritage" …
The Emerging Presence Of Mexican Law In California Courts, Jorge A. Vargas
The Emerging Presence Of Mexican Law In California Courts, Jorge A. Vargas
San Diego International Law Journal
In a quick search for cases involving foreign law that have been decided by California courts over the last two years, the results were not surprising: 100 cases were governed by Mexican law, 57 by Canadian law, 29 by Japanese law, 28 by German law, and 12 by Chinese law. I would like to pose two ideas before this learned audience: first, that becoming familiar with foreign law is a practical, intriguing and beneficial exercise for California judges and for American judges at large. And second, that Mexican law represents an emerging and a very large component of foreign law …
Mara Salvatrucha (Ms-13) And Ley Anti Mara: El Salvador's Struggle To Reclaim Social Order, Juan J. Fogelbach
Mara Salvatrucha (Ms-13) And Ley Anti Mara: El Salvador's Struggle To Reclaim Social Order, Juan J. Fogelbach
San Diego International Law Journal
MS-13 poses a threat to both Salvadorians and Americans. It is a gang that must be cooperatively contained; it will not be controlled by a simplistic burden-shifting policy that leaves El Salvador, a developing country, to unilaterally deal with the problem. This paper will argue that: (1) the deportation of gang members, which results in the arbitrary deaths of thousands of innocent Salvadorians who have no legal recourse amounts to a grave violation of human rights; (2) deportation of gang members to a society where they are likely to be killed by vigilante death squads, or in prison fires and …
Finality Versus Consistency: Does Investor-State Arbitration Need An Appellate System, Ian Laird, Rebecca Askew
Finality Versus Consistency: Does Investor-State Arbitration Need An Appellate System, Ian Laird, Rebecca Askew
The Journal of Appellate Practice and Process
No abstract provided.
The Unresolved Debates That Scorched Kyoto: An Analytical Framework, David W. Childs
The Unresolved Debates That Scorched Kyoto: An Analytical Framework, David W. Childs
University of Miami International and Comparative Law Review
No abstract provided.
Convergence Of Civil Law And Common Law In The Criminal Theory Realm, Julian Hermida
Convergence Of Civil Law And Common Law In The Criminal Theory Realm, Julian Hermida
University of Miami International and Comparative Law Review
No abstract provided.
The Icc Prosecutor, Collateral Damage, And Ngos: Evaluating The Risk Of A Politicized Prosecution, Richard John Galvin
The Icc Prosecutor, Collateral Damage, And Ngos: Evaluating The Risk Of A Politicized Prosecution, Richard John Galvin
University of Miami International and Comparative Law Review
No abstract provided.
Calling For An End To Indefinite Detention: The Judicial Role In Applying The Constitution To Alien Paroles, Phillip J. Riblett
Calling For An End To Indefinite Detention: The Judicial Role In Applying The Constitution To Alien Paroles, Phillip J. Riblett
University of Miami International and Comparative Law Review
No abstract provided.
Seen And Not Heard?: Children's Objections Under The Hague Convention On International Child Abduction, Anastacia M. Greene
Seen And Not Heard?: Children's Objections Under The Hague Convention On International Child Abduction, Anastacia M. Greene
University of Miami International and Comparative Law Review
No abstract provided.
Karen A. Mingst On The U.N. Security Council: From The Cold War To The 21st Century. Edited By David M. Malone. Boulder, Co: Lynne Rienner, 2004. 745pp., Karen A. Mingst
Karen A. Mingst On The U.N. Security Council: From The Cold War To The 21st Century. Edited By David M. Malone. Boulder, Co: Lynne Rienner, 2004. 745pp., Karen A. Mingst
Human Rights & Human Welfare
No abstract provided.
Intellectual Property Rights In Digital Media: A Comparative Analysis Of Legal Protection, Technological Measures, And New Business Models Under Eu And U.S. Law, Nicola Lucchi
Buffalo Law Review
No abstract provided.
Recreating The Western City In A Post-Industrialized World: European Brownfield Policy And An American Comparison, Andrew O. Guglielmi
Recreating The Western City In A Post-Industrialized World: European Brownfield Policy And An American Comparison, Andrew O. Guglielmi
Buffalo Law Review
No abstract provided.
The Pasquantino Plea: The Unfortunate Decline Of The Revenue Rule And The Imprudent Extraterritorial Expansion Of The American Wire Fraud Statute To Enforce Foreign Tax Law, Joshua Shore
University of Miami Inter-American Law Review
No abstract provided.
Mexican Repatriation And The Possibility For A Federal Cause Of Action: A Comparative Analysis On Reparations, Eric L. Ray
Mexican Repatriation And The Possibility For A Federal Cause Of Action: A Comparative Analysis On Reparations, Eric L. Ray
University of Miami Inter-American Law Review
No abstract provided.
Conflicts Of Jurisdiction Between The United States And Latin America In The Context Of Forum Non Conveniens Dismissals, Dante Figueroa
Conflicts Of Jurisdiction Between The United States And Latin America In The Context Of Forum Non Conveniens Dismissals, Dante Figueroa
University of Miami Inter-American Law Review
No abstract provided.
Internationalizing Post-Conflict Justice: The "Hybrid" Special Court For Sierra Leone, Lisa Danish
Internationalizing Post-Conflict Justice: The "Hybrid" Special Court For Sierra Leone, Lisa Danish
Buffalo Human Rights Law Review
No abstract provided.
Torture: A Collection, Bryn D. Powell
Torture: A Collection, Bryn D. Powell
Buffalo Human Rights Law Review
Book review of Torture: A Collection, Sanford Levinson, ed.
Prosecuting Cases Of Gender Violence In The International Criminal Tribunal For Rwanda, Allison T.C. Milne
Prosecuting Cases Of Gender Violence In The International Criminal Tribunal For Rwanda, Allison T.C. Milne
Buffalo Human Rights Law Review
No abstract provided.
"Tools For Success": The Trips Agreement And The Human Right To Essential Medicines, Melissa Mcclellan
"Tools For Success": The Trips Agreement And The Human Right To Essential Medicines, Melissa Mcclellan
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Flawed Implementation Of The International Religious Freedom Act Of 1998: A European Perspective, Eugenia Relano Pastor
The Flawed Implementation Of The International Religious Freedom Act Of 1998: A European Perspective, Eugenia Relano Pastor
BYU Law Review
No abstract provided.
Christina M. Cerna On Defining Civil And Political Rights: The Jurisprudence Of The United Nations Human Rights Committee By Alex Conte, Scott Davidson And Richard Burchill. Ashgate Publishing Company, 2004. 257pp., Christina M. Cerna
Human Rights & Human Welfare
No abstract provided.