Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 8 of 8

Full-Text Articles in Law

V.1, 2000 Masthead May 2000

V.1, 2000 Masthead

San Diego International Law Journal

No abstract provided.


Foreword, John M. Rogers May 2000

Foreword, John M. Rogers

San Diego International Law Journal

It is thus an exciting time of change for lawyers of all kinds, a time in which the University of San Diego School of Law has seized the day to inaugurate an outstanding journal on international and comparative law.... This inaugural volume treats issues at the core of how the international legal system is changing, and responding to change.


International Criminal Defence Ethics: The Law Of Professional Conduct For Defence Counsel Appearing Before International Criminal Tribunals, Michael Bohlander May 2000

International Criminal Defence Ethics: The Law Of Professional Conduct For Defence Counsel Appearing Before International Criminal Tribunals, Michael Bohlander

San Diego International Law Journal

This Article presents an overview of the Codes and relevant Rules of Procedure and Evidence of the ICTY and the ICTR, as well as an analysis of their provisions. The ICTR's Code of Conduct is almost identical to the ICTY's Code of Conduct. Primarily, this Article examines ICTY law. This Article closes with an outlook on the future of criminal defence before international criminal tribunals. As of yet, there is no provision for the professional conduct of defence counsel before the International Criminal Court (ICC).


Lessons From The Trade Arena: A Proposal To Change U.S. Immigration Law For The Benefit Of U.S. Workers, Jonathan Todres May 2000

Lessons From The Trade Arena: A Proposal To Change U.S. Immigration Law For The Benefit Of U.S. Workers, Jonathan Todres

San Diego International Law Journal

This Article examines this conflict between U.S. trade and immigration law and policy and asks whether the United States could apply some of the principles underlying its free trade policy to its immigration law in a way that benefits the U.S. economy and its workers. In Part II, this Article explores how U.S. immigration law protects U.S. labor. Specifically, Part II focuses on the controversy surrounding the H-1B visa program for non-immigrants and U.S. treatment of skilled workers from other countries, as the H1-B program is a good potential starting point for a new approach to immigration law. Part III …


Policy Issues Relating To The U.S. Taxation Of Foreign Persons Engaged In Business In The United States Through Agents: Some Proposals For Reform, Richard Crawford Pugh May 2000

Policy Issues Relating To The U.S. Taxation Of Foreign Persons Engaged In Business In The United States Through Agents: Some Proposals For Reform, Richard Crawford Pugh

San Diego International Law Journal

This Article will begin by discussing the circumstances under which a foreign person will be deemed to be engaged in a trade or business in the United States and by examining a proposal that would introduce a great level of certainty for tax planners and the IRS. The principal focus of the Article, however, will be on the circumstances under which the United States should impose U.S. income tax on the income of a foreign person from a business conducted, not directly in the United States, but through an agent acting on behalf of the foreign person. The treatment of …


The Rome Convention: The Contracting Parties' Choice, Gina M. Mcguinness May 2000

The Rome Convention: The Contracting Parties' Choice, Gina M. Mcguinness

San Diego International Law Journal

This Comment explores the provisions of the Rome Convention and the advantages contracting parties can benefit from through knowledge of such provisions. The main focus of this Comment is English conflict of laws rules related to contractual obligations that are governed by the Rome Convention. England and its laws on international contracts have been chosen as the appropriate subject of this Comment for the following reasons. First, because international conventions and treaties do not apply to all countries but only to those who ratify them, it is easier to see how the rules of such conventions are applied by a …


Parties In Israel: Between Law And Politics, Ariel L. Bendor May 2000

Parties In Israel: Between Law And Politics, Ariel L. Bendor

San Diego International Law Journal

The decline in prestige and influence of the political parties in Israel, particularly the larger parties, has become a source of distress for many in Israel. Similarly, in the United States, where the significance of parties is also recognized, many have shown concern for weakening of the dominant political parties. In the American system where politics are ruled by two strong national parties, one of the most common concerns is aimed at the potential possible damage to smaller parties and independent candidates. But, in Israeli, the nature of politics is becoming increasingly sectoral, personal, superficial and populist. As is often …


Walking The Queen's Highway: Peace, Politics And Parades In Northern Ireland, Brian P. White May 2000

Walking The Queen's Highway: Peace, Politics And Parades In Northern Ireland, Brian P. White

San Diego International Law Journal

This Comment will discuss Northern Ireland's contentious Orange marching season and will review the history of Northern Ireland and its significance to the present day antagonists. It will further explore the law of Northern Ireland that is designed to protect the right to parade while preserving the public order, and consequently the related British legal machinery and its common law development. This Comment will also discuss the failure of Police Powers with respect to contentious parades in Northern Ireland, and will analyze the Parades Commission's prospects for success in diffusing sectarian animosity and violence associated with parading in Northern Ireland …