Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Pepperdine University (77)
- Case Western Reserve University School of Law (66)
- American University Washington College of Law (50)
- Maurer School of Law: Indiana University (35)
- Nova Southeastern University (27)
-
- University of Denver (25)
- U.S. Naval War College (21)
- University of Maryland Francis King Carey School of Law (20)
- University of the Pacific (19)
- Penn State Law (18)
- UC Law SF (15)
- Northwestern Pritzker School of Law (14)
- Loyola University Chicago, School of Law (13)
- University of Baltimore Law (13)
- University of San Diego (11)
- Vanderbilt University Law School (11)
- William & Mary Law School (11)
- University of Michigan Law School (9)
- Notre Dame Law School (8)
- University at Buffalo School of Law (8)
- University of Miami Law School (8)
- Claremont Colleges (6)
- Florida A&M University College of Law (6)
- Golden Gate University School of Law (6)
- University of South Carolina (6)
- Pace University (5)
- Barry University School of Law (4)
- Santa Clara Law (4)
- University of Richmond (4)
- Fordham Law School (3)
- Keyword
-
- Human rights (49)
- International law (42)
- United States (23)
- Law of Armed Conflict (21)
- United Nations (19)
-
- International (17)
- Operational Law (17)
- International Law (16)
- Arbitration (13)
- China (12)
- European Union (12)
- Treaties (12)
- Use of Force (12)
- Dispute resolution (11)
- Same-sex marriage (11)
- Katyn (10)
- Responsibility to protect (10)
- Alternative dispute resolution (9)
- Human Rights (8)
- International commercial arbitration (8)
- International trade (8)
- Justice (8)
- Law of Neutrality (8)
- Laws (8)
- NIAC (8)
- Russia (8)
- Canada (7)
- Crimes against humanity (7)
- Etc. (7)
- Globalization (7)
- Publication
-
- Case Western Reserve Journal of International Law (53)
- Pepperdine Dispute Resolution Law Journal (41)
- Pepperdine Law Review (33)
- ILSA Journal of International & Comparative Law (27)
- Human Rights & Human Welfare (25)
-
- Indiana Journal of Global Legal Studies (25)
- International Law Studies (21)
- American University International Law Review (19)
- Global Business & Development Law Journal (19)
- Penn State Journal of Law & International Affairs (18)
- American University Journal of Gender, Social Policy & the Law (17)
- Maryland Journal of International Law (15)
- UC Law SF International Law Review (15)
- Canada-United States Law Journal (13)
- Loyola University Chicago International Law Review (13)
- San Diego International Law Journal (11)
- University of Baltimore Journal of International Law (11)
- Vanderbilt Journal of Transnational Law (11)
- Michigan Journal of International Law (9)
- Northwestern Journal of International Law & Business (9)
- Notre Dame Journal of International & Comparative Law (8)
- Claremont-UC Undergraduate Research Conference on the European Union (6)
- Florida A & M University Law Review (6)
- South Carolina Journal of International Law and Business (6)
- William & Mary Journal of Race, Gender, and Social Justice (6)
- Annual Survey of International & Comparative Law (5)
- Buffalo Law Review (5)
- Human Rights Brief (5)
- IP Theory (5)
- Northwestern Journal of Human Rights (5)
Articles 1 - 30 of 555
Full-Text Articles in Law
Jihad Re-Examined: Islamic Law And International Law, Manisuli Ssenyonjo
Jihad Re-Examined: Islamic Law And International Law, Manisuli Ssenyonjo
Santa Clara Journal of International Law
No abstract provided.
Preface, Marc S. Wiesner
Preface, Marc S. Wiesner
Santa Clara Journal of International Law
No abstract provided.
The Rights Of Private Economic Actors Under The World Trade Organization Agreements In Indonesia, Intan Soeparna
The Rights Of Private Economic Actors Under The World Trade Organization Agreements In Indonesia, Intan Soeparna
Indonesia Law Review
Nothing in the Uruguay Round mentions directly about rights of private economic actors. It seems that the relationship to private economic actors (or may be individual) does not exist within the WTO Agreements, because as a general rule, private parties are not legal subjects of the international legal order. However, this article will prevail upon this situation, by looking closer at the essence of the WTO Agreements to discern the rights of private economic actors that derive from the WTO. The main question of this article is to what extent then Indonesia is dealing with the rights of private economic …
The Kids Before Khadr: Haitian Refugee Children On Guantanamo [A Comment On Richard J. Wilson's Omar Khadr: Domestic And International Litigation Strategies For A Child In Armed Conflict Held At Guantanamo], Kate Jastram
Santa Clara Journal of International Law
No abstract provided.
Victimization, Mainstreaming, And The Complexity Of Gender In Armed Conflict, Johanna Bond
Victimization, Mainstreaming, And The Complexity Of Gender In Armed Conflict, Johanna Bond
Santa Clara Journal of International Law
No abstract provided.
Immigration Policy From Scratch: The Universal And The Unique, Stephen H. Legomsky
Immigration Policy From Scratch: The Universal And The Unique, Stephen H. Legomsky
William & Mary Bill of Rights Journal
No abstract provided.
Gender And The Charles Taylor Case At The Special Court For Sierra Leone, Valerie Oosterveld
Gender And The Charles Taylor Case At The Special Court For Sierra Leone, Valerie Oosterveld
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Reparations For Conflict-Related Sexual And Reproductive Violence: A Decalogue, Ruth Rubio-Marín
Reparations For Conflict-Related Sexual And Reproductive Violence: A Decalogue, Ruth Rubio-Marín
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Doubly Protected And Doubly Discriminated: The Paradox Of Women With Disabilities After Conflict, Kathleen Cornelsen
Doubly Protected And Doubly Discriminated: The Paradox Of Women With Disabilities After Conflict, Kathleen Cornelsen
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Introduction: Making The Link Between Transitional Justice And Conflict-Related Sexual Violence, Margot Wallström
Introduction: Making The Link Between Transitional Justice And Conflict-Related Sexual Violence, Margot Wallström
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Boland In The Wind: The Iran-Contra Affair And The Invitation To Struggle , Bretton G. Sciaroni
Boland In The Wind: The Iran-Contra Affair And The Invitation To Struggle , Bretton G. Sciaroni
Pepperdine Law Review
No abstract provided.
Methods Of Compensating Victims Of War: Combating The Problems Of An Enduring System, Bryan S. Hance
Methods Of Compensating Victims Of War: Combating The Problems Of An Enduring System, Bryan S. Hance
Pepperdine Law Review
No abstract provided.
Foreword, Amy C. Gaudion
Foreword, Amy C. Gaudion
Penn State Journal of Law & International Affairs
No abstract provided.
American Parent Bank Liability For Foreign Branch Deposits: Which Party Bears Sovereign Risk?, Adam Telanoff
American Parent Bank Liability For Foreign Branch Deposits: Which Party Bears Sovereign Risk?, Adam Telanoff
Pepperdine Law Review
No abstract provided.
The Child's Right To Be Heard And Represented In Judicial Proceedings , Howard A. Davidson
The Child's Right To Be Heard And Represented In Judicial Proceedings , Howard A. Davidson
Pepperdine Law Review
No abstract provided.
Jlia Editorial Board & Staff
Penn State Journal of Law & International Affairs
No abstract provided.
To Forgive And Forget: How Reconciliation And Amnesty Legislation In Afghanistan Forgives War Criminals While Forgetting Their Victims, Sara L. Carlson
To Forgive And Forget: How Reconciliation And Amnesty Legislation In Afghanistan Forgives War Criminals While Forgetting Their Victims, Sara L. Carlson
Penn State Journal of Law & International Affairs
More than three decades of war and hundreds of thousands killed or brutalized by the actions of warlords and insurgent commanders vying for power comprise the backdrop of modern Afghanistan. As Afghanistan continues toward a new era, seeking democracy in a country where tribal affiliations and ethnic groups often usurp any sense of patriotism, the reconciliation of armed fighters while providing an adequate grievance process for victims of war crimes must take priority in the process adopted to unify the Islamic Republic of Afghanistan. This comment explores the current attempt by the Islamic Republic of Afghanistan to provide a system …
International Activity And Domestic Law, Adam I. Muchmore
International Activity And Domestic Law, Adam I. Muchmore
Penn State Journal of Law & International Affairs
This essay explores the ways States use their domestic laws to regulate activities that cross national borders. Domestic-law enforcement decisions play an underappreciated role in the development of international regulatory policy, particularly in situations where the enforcing State's power to apply its law extraterritorially is not contested. Collective action problems suggest there will be an undersupply of enforcement decisions that promote global welfare and an oversupply of enforcement decisions that promote national welfare. These collective action problems may be mitigated in part by government networks and other forms of regulatory cooperation.
The Full Story Of United States V. Smith, America’S Most Important Piracy Case, Joel H. Samuels
The Full Story Of United States V. Smith, America’S Most Important Piracy Case, Joel H. Samuels
Penn State Journal of Law & International Affairs
This article explores the seminal United States Supreme Court decision of United States v. Smith (1820). Smith, an early piracy case, has influenced developments in both domestic and international law on piracy, universal jurisdiction, and a range of broader themes. This article is the first to explore the context within which the case arose, as well as the circumstances of the case itself. In addition to the details of the case, the story of the men prosecuted for their cruise aboard the vessel known as the Irresistible in the late spring and early summer of 1819 also offers a …
Remarks On Counterstrike, Eric Schmitt
Remarks On Counterstrike, Eric Schmitt
Penn State Journal of Law & International Affairs
After 9/11, the United States government was forced to think differently about terrorism and the nation’s ability to respond to attacks. Eric Schmitt and Thom Shanker address many of the intricacies faced by officials at the White House, the State Department and the Pentagon in their book Counterstrike. In this essay, transcribed from remarks given on March 21, 2012 at the Clarke Forum for Contemporary Issues at Dickinson College, Schmitt discusses how the U.S. government’s policies toward Al Qaeda and terrorism in general have evolved in the ten-year period following the attacks.
Remarks, The Big Picture: Beyond Hot Spots & Crises In Our Interconnected World, Anne-Marie Slaughter
Remarks, The Big Picture: Beyond Hot Spots & Crises In Our Interconnected World, Anne-Marie Slaughter
Penn State Journal of Law & International Affairs
The picture of foreign policy as seen by the United States has changed dramatically over the last few decades. The United States now faces a world far more interconnected and integrated than the foreign policy landscape of the Cold War and its immediate aftermath. Instead of one or two super power centers, the world today is made up of multiple global and regional power centers. This essay, transcribed and adapted from remarks given by Anne-Marie Slaughter on March 15, 2012, at the Dickinson School of Law of the Pennsylvania State University, examines the shift to a multi-polar world of foreign …
International Order After The Financial Crisis, Harold James
International Order After The Financial Crisis, Harold James
Penn State Journal of Law & International Affairs
How is international order built, and how is it legitimate, in a world in which political and economic foundations are rapidly shifting? What are the consequences of the rise of major new powers for the structure and the functioning of the international system? Great wars or great financial crises have in the past led to disorientation about the moral foundations of society, domestically and internationally. The paper examines parallels with the Great Depression, and in particular the weakening of multilateralism and of small political units, and the strengthening of large powers with hegemonic claims. The paper then turns to an …
The Growing Dark Side Of Cyberspace ( . . . And What To Do About It), Ronald Deibert
The Growing Dark Side Of Cyberspace ( . . . And What To Do About It), Ronald Deibert
Penn State Journal of Law & International Affairs
Cyberspace – the global environment of digital communications – surrounds and embodies us entirely, 24 hours a day, 7 days a week. We are always on, always connected: emailing, texting, searching, networking, and sharing are all now as commonplace as eating, breathing, and sleeping. But there is a dark side to cyberspace - hidden contests and malicious threats - that is growing like a disease from the inside-out. This disease has many symptoms, and is being reinforced by a multiplicity of disparate but mutually reinforcing causes. Some of these driving forces are unintended byproducts of the new digital universe into …
The Rise Of Transparency And The Decline Of Secrecy In The Age Of Global And Social Media, P.J. Crowley
The Rise Of Transparency And The Decline Of Secrecy In The Age Of Global And Social Media, P.J. Crowley
Penn State Journal of Law & International Affairs
News reporting of a wide range of sensitive government policies, operations, and internal deliberations has raised understandable concerns that U.S. national security is being compromised. In response, there is an increase in investigations and prosecutions and proposed legislation to plug government leaks. But a broader reality may be at work. In the increasingly interconnected and transparent world of the Internet, Facebook, Twitter, satellite television, WikiLeaks, omniscient cellphones and technology-enhanced revolutions such as the Arab Awakening, governments have lost their ability to control the flow of information. More people have access to more information, with the ability to communicate anything from …
The Balance Of Power, Public Goods, And The Lost Art Of Grand Strategy: American Policy Toward The Persian Gulf And Rising Asia In The 21st Century, Flynt Leverett, Hillary Mann Leverett
The Balance Of Power, Public Goods, And The Lost Art Of Grand Strategy: American Policy Toward The Persian Gulf And Rising Asia In The 21st Century, Flynt Leverett, Hillary Mann Leverett
Penn State Journal of Law & International Affairs
An important driver of relative decline in America’s international standing is the failure of its political elites to define reality-based foreign policy goals and to relate the diplomatic, economic, and military means at Washington’s disposal to realizing them—the essence of “grand strategy.” For several decades, American policy has been pulled in opposite directions by two competing models of grand strategy. In one—the leadership model—America maximizes its international standing by adroitly managing regional and global power balances and promoting the processes of economic liberalization known collectively as globalization. In the second model—the transformation model—America seeks not to manage power balances but …
Does A Cartel Aim Expressly? Trusting Calder Personal Jurisdiction When Antitrust Goes Global?, Larry Dougherty
Does A Cartel Aim Expressly? Trusting Calder Personal Jurisdiction When Antitrust Goes Global?, Larry Dougherty
Florida Law Review
Suppose your law firm represents CrabApple, the large, Californiabased manufacturer of the BuyPod, a portable digital music player. CrabApple also sells songs from its online music store, BuyTunes, for use on the BuyPod. One morning, a class-action antitrust lawsuit lands on your desk. It accuses CrabApple of illegal tying—because the BuyPod is designed to play only music from BuyTunes, and BuyTunes songs only play on BuyPods. CrabApple customers claim the tying has forced them to make unwanted purchases—BuyPod ownersfelt compelled to buy their music from BuyTunes, and anyone who wanted to use BuyTunes had to get a BuyPod. These consumers …
Tort Arbitrage, Robert J. Rhee
Tort Arbitrage, Robert J. Rhee
Florida Law Review
The economic models of bargaining and tort law have not been integrated into a coherent theory that reflects the empirical world. This Article models the interaction of settlement dynamics and the economic theory of negligence. It shows that tort claims are systematically devalued during settlement relative to the legal standard. Central to this thesis is aproper conception and accounting of cost. Cost is typically viewed as the transaction cost of litigation processing. Cost, however, encompasses more than this. Each dispute has a cost of resolution, defined as the discounting effect of risk on legal valuation. A spread between the parties’ …
China In Africa And The Law, Salvatore Mancuso
China In Africa And The Law, Salvatore Mancuso
Annual Survey of International & Comparative Law
This paper is based on the enormous amount of Chinese investments in Africa, with the objective of considering the legal aspects involved therein. Under international business law, commercial relations are usually ruled according to the law of the country hosting the investment.
This paper will examine the challenges presented by Chinese investments in Africa given that the systems of business law in Africa are generally out of date and enforcement mechanisms under Western rule of law standards are often far from the reality. This observation is accompanied by the fact that there is presently a wide movement towards legal integration …
An Overview Of The Challenges Facing The International Court Of Justice In The 21st Century, S. Gozie Ogbodo
An Overview Of The Challenges Facing The International Court Of Justice In The 21st Century, S. Gozie Ogbodo
Annual Survey of International & Comparative Law
The effectiveness of the International Court of Justice (ICJ) is critical for global survival and progress in the 21st century. Unfortunately, after over six decades in existence, the Court’s influence is declining. This work argues that to revitalize the influence and effectiveness of the Court, some vital reforms must be undertaken in the ICJ system. These reforms must address: (1) the process of election and re-election of ICJ judges; (2) the conflict of interest arising from the presence of permanent members of the United Nations Security Council on the Court; (3) the issue of the Court’s compulsory jurisdiction; and (4) …
Editorial, Christian N. Okeke
Editorial, Christian N. Okeke
Annual Survey of International & Comparative Law
No abstract provided.