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Articles 1 - 30 of 130
Full-Text Articles in Law
Youth Activism, Art And Transitional Justice: Emerging Spaces Of Memory After The Jasmine Revolution, Arnaud Kurze
Youth Activism, Art And Transitional Justice: Emerging Spaces Of Memory After The Jasmine Revolution, Arnaud Kurze
Arnaud Kurze
This chapter explores the creation of alternative transitional justice spaces in post-conflict contexts, particularly concentrating on the role of art and the impact of social movements to address human rights abuses. Drawing from post-authoritarian Tunisia, it scrutinizes the work of contemporary youth activists and artists to deal with the past and foster sociopolitical change. Although these vanguard protesters provoked the overthrow of President Zine El Abdine Ben Ali in 2011, the power vacuum was quickly filled by old elites. The exclusion of young revolutionaries from political decision-making led to unprecedented forms of mobilization to account for repression and injustice under …
Trade And The Separation Of Powers, Timothy Meyer, Ganesh Sitaraman
Trade And The Separation Of Powers, Timothy Meyer, Ganesh Sitaraman
Ganesh Sitaraman
There are two paradigms through which to view trade law and policy within the American constitutional system. One paradigm sees trade law and policy as quintessentially about domestic economic policy. Institutionally, under the domestic economics paradigm, trade law falls within the province of Congress, which has legion Article I authorities over commercial matters. The second paradigm sees trade law as fundamentally about America’s relationship with foreign countries. Institutionally, under the foreign affairs paradigm, trade law is the province of the President, who speaks for the United States in foreign affairs. While both paradigms have operated throughout American history, the domestic …
The Arrival Of "Statelessness Studies"?, David C. Baluarte
The Arrival Of "Statelessness Studies"?, David C. Baluarte
David Baluarte
In this symposium contribution, the author provides a view that the study of statelessness has emerged as a multi-disciplinary field and urge that we institutionalize it as such. Statelessness is fundamentally a legal concept. The definition of ‘stateless person’ specifically refers to the operation of law, and the protections envisioned by both the 1954 and 1961 Conventions afforded to stateless persons are legal in nature. At the same time, formal legal reasoning has proven inadequate to fully understand statelessness and protect stateless persons. Moreover, factual statelessness enjoys few legal protections, but is essential to a more robust understanding of nationality …
The Legal Dilemma Of Guantánamo Detainees From Bush To Obama, Linda A. Malone
The Legal Dilemma Of Guantánamo Detainees From Bush To Obama, Linda A. Malone
Linda A. Malone
No abstract provided.
Talk Loudly And Carry A Small Stick: The Supreme Court And Enemy Combatants, Neal Devins
Talk Loudly And Carry A Small Stick: The Supreme Court And Enemy Combatants, Neal Devins
Neal E. Devins
No abstract provided.
The International Judicial Dialogue: When Domestic Constitutional Courts Join The Conversation, Tara Leigh Grove
The International Judicial Dialogue: When Domestic Constitutional Courts Join The Conversation, Tara Leigh Grove
Tara L. Grove
No abstract provided.
Evaluating Flexibility In International Patent Law, Sarah R. Wasserman Rajec
Evaluating Flexibility In International Patent Law, Sarah R. Wasserman Rajec
Sarah R. Wasserman Rajec
Global patent law has raced toward harmonization over the past decades. Countries with vastly different industries, values, and levels of development now offer robust patent rights with similar contours through membership in the World Trade Organization and consequent adoption of the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”). However, patent law is still far from harmonized among countries or static within countries. Jurisdictions tailor their patent laws to accommodate differences between industries, unforeseen inefficiencies, and diverse views of the costs and benefits associated with offering patent rights to stimulate innovation. Prior scholarly work consists of either doctrinal analyses …
Infringement, Unbound, Sarah R. Wasserman Rajec
Infringement, Unbound, Sarah R. Wasserman Rajec
Sarah R. Wasserman Rajec
No abstract provided.
How To Judge Shari'a Contracts: A Guide To Islamic Marriage Agreements In American Courts, Nathan B. Oman
How To Judge Shari'a Contracts: A Guide To Islamic Marriage Agreements In American Courts, Nathan B. Oman
Nathan B. Oman
This Article thus has two goals. The first is to show how the Muslim conception of marriage diverges from the Christian-influenced norms that dominate American law and society. Understanding this divergence provides a necessary background to Islamic mahr contracts. The second goal is to provide lawyers and judges with a doctrinal framework within our current law for analyzing these contracts and reaching sensible results in concrete cases.
Annan Leaves Door Open For U.S. Action, Alan J. Meese
Annan Leaves Door Open For U.S. Action, Alan J. Meese
Alan J. Meese
No abstract provided.
The Magna Carta Turns 800, John Hockenberry, Thomas J. Mcsweeney
The Magna Carta Turns 800, John Hockenberry, Thomas J. Mcsweeney
Thomas J. McSweeney
No abstract provided.
Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus
Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus
Paul Marcus
No abstract provided.
Economic Hardship As Coercion Under The Protocol On International Trafficking In Persons By Organized Crime Elements, Linda A. Malone
Economic Hardship As Coercion Under The Protocol On International Trafficking In Persons By Organized Crime Elements, Linda A. Malone
Linda A. Malone
No abstract provided.
The Waters Of Antarctica: Do They Belong To Some States, No States, Or All States?, Linda A. Malone
The Waters Of Antarctica: Do They Belong To Some States, No States, Or All States?, Linda A. Malone
Linda A. Malone
Major issues and complexities arise when one is looking at the international puzzle that is Antarctica. Despite being uninhabited year round and lacking substantial long-term international law rules for sovereignty, states still try to claim their sovereignty over various parts of Antarctica. The consortium of states under the Antarctica Treaty System (“ATS”) then further aggravates these complexities, especially when other states outside of the ATS have been arguing for different regimes and approaches to dealing with Antarctica and resource exploitation. Due to these major issues and a desperate need for a resolution in times of global climate change, this Article …
Trying To Try Sharon, Linda A. Malone
The Legal Frontiers Of Gender-Based Violence, Persecution, And Discrimination, Linda A. Malone
The Legal Frontiers Of Gender-Based Violence, Persecution, And Discrimination, Linda A. Malone
Linda A. Malone
No abstract provided.
The Legal Dilemma Of Guantanamo Detainees From Bush To Obama, Linda A. Malone
The Legal Dilemma Of Guantanamo Detainees From Bush To Obama, Linda A. Malone
Linda A. Malone
The stage for the Guantanamo detainees’ commission proceedings was set by the interplay between the Executive’s detention powers and the Judiciary’s habeas powers. The Bush administration turned to Congress to provide less than what was required by the court, instead of the minimum deemed necessary to comply with each decision, or to explore another legal argument for not complying. This article examines how the law for the Guantanamo detainees has been shaped by the US courts and by Congress. The article begins by observing the guidelines issued by the Supreme Court for compliance with the constitutional and humanitarian law requirements, …
The Kahan Report: Justice Denied, Linda A. Malone
The Kahan Report: Justice Denied, Linda A. Malone
Linda A. Malone
No abstract provided.
The Emperor’S New Clothes: The Variety Of Stakeholders In Climate Change Regulation Assuming The Mantle Of Federal And International Authority, Linda A. Malone
The Emperor’S New Clothes: The Variety Of Stakeholders In Climate Change Regulation Assuming The Mantle Of Federal And International Authority, Linda A. Malone
Linda A. Malone
In June 2017, President Donald Trump announced the United States would be withdrawing from the Paris Climate Accord. President Trump believes the United States should be more focused on its economic wellbeing than on environmental concerns. Since being elected, President Trump has, with the help of the Environmental Protection Agency, been rolling back, or attempting to roll back, major climate change regulations. However, this Article points out that due to factors such as international law, the United States Constitution, and the Administrative Procedure Act, one cannotjust simply withdraw from an international agreement, such as the Paris Accord, or take back …
The Kahan Report, Ariel Sharon And The Sabra-Shatilla Massacres In Lebanon: Responsibility Under International Law For Massacres Of Civilian Populations, Linda A. Malone
The Kahan Report, Ariel Sharon And The Sabra-Shatilla Massacres In Lebanon: Responsibility Under International Law For Massacres Of Civilian Populations, Linda A. Malone
Linda A. Malone
No abstract provided.
The Chernobyl Accident: A Case Study In International Law Regulating State Responsibility For Transboundary Nuclear Pollution, Linda A. Malone
The Chernobyl Accident: A Case Study In International Law Regulating State Responsibility For Transboundary Nuclear Pollution, Linda A. Malone
Linda A. Malone
No abstract provided.
Sharon Vs Time: The Criminal Responsibility Under International Law For Civilian Massacres, Linda A. Malone
Sharon Vs Time: The Criminal Responsibility Under International Law For Civilian Massacres, Linda A. Malone
Linda A. Malone
No abstract provided.
Seeking Reconciliation Of Self-Determination, Territorial Integrity, And Humanitarian Intervention (Introduction To Special Project: Humanitarian Intervention And Kosovo), Linda A. Malone
Linda A. Malone
No abstract provided.
The Appointment Of General Yaron: Continuing Impunity For The Sabra And Shatilla Massacres, Linda A. Malone
The Appointment Of General Yaron: Continuing Impunity For The Sabra And Shatilla Massacres, Linda A. Malone
Linda A. Malone
No abstract provided.
Reflections On The Jeffersonian Ideal Of An Agrarian Democracy And The Emergence Of An Agricultural And Environmental Ethic In The 1990 Farm Bill, Linda A. Malone
Reflections On The Jeffersonian Ideal Of An Agrarian Democracy And The Emergence Of An Agricultural And Environmental Ethic In The 1990 Farm Bill, Linda A. Malone
Linda A. Malone
No abstract provided.
Protecting The Least Respected: The Girl Child And The Gender Bias Of The Vienna Convention's Adoption And Reservation Regime, Linda A. Malone
Protecting The Least Respected: The Girl Child And The Gender Bias Of The Vienna Convention's Adoption And Reservation Regime, Linda A. Malone
Linda A. Malone
No abstract provided.
Responsibility To Protect, Libya To Japan, Linda A. Malone
Responsibility To Protect, Libya To Japan, Linda A. Malone
Linda A. Malone
No abstract provided.
Maturing Justice: Integrating The Convention On The Rights Of The Child Into The Judgments And Processes Of The International Criminal Court, Linda A. Malone
Maturing Justice: Integrating The Convention On The Rights Of The Child Into The Judgments And Processes Of The International Criminal Court, Linda A. Malone
Linda A. Malone
No abstract provided.
Human Rights In The Middle East, Linda A. Malone
Human Rights In The Middle East, Linda A. Malone
Linda A. Malone
No abstract provided.
Green Helmets: A Conceptual Framework For Security Council Authority In Environmental Emergencies, Linda A. Malone
Green Helmets: A Conceptual Framework For Security Council Authority In Environmental Emergencies, Linda A. Malone
Linda A. Malone
No abstract provided.