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Articles 61 - 90 of 1019
Full-Text Articles in Law
The Right Of Self-Defense In The Global Fight Against Terrorism, Christopher Muller
The Right Of Self-Defense In The Global Fight Against Terrorism, Christopher Muller
International Law Studies
No abstract provided.
Current Issues In Occupation Law: 2003 Civilian Deaths In Baghdad, Fred Abrahams
Current Issues In Occupation Law: 2003 Civilian Deaths In Baghdad, Fred Abrahams
International Law Studies
No abstract provided.
Comparative Approaches To Security And Maritime Border Control, Dale Stephens
Comparative Approaches To Security And Maritime Border Control, Dale Stephens
International Law Studies
No abstract provided.
Treatment And Interrogation Of Detained Persons, David E. Graham
Treatment And Interrogation Of Detained Persons, David E. Graham
International Law Studies
No abstract provided.
The Gulf War: 1990-2004 (And Still Counting), Yoram Dinstein
The Gulf War: 1990-2004 (And Still Counting), Yoram Dinstein
International Law Studies
No abstract provided.
Military Commissions: Old Laws For New Wars, William K. Lietzau
Military Commissions: Old Laws For New Wars, William K. Lietzau
International Law Studies
No abstract provided.
Military Commissions: Constitutional, Jurisdictional, And Due Process Requirements, Jordan J. Paust
Military Commissions: Constitutional, Jurisdictional, And Due Process Requirements, Jordan J. Paust
International Law Studies
No abstract provided.
Military Commissions - Kangaroo Courts?, Charles H.B. Garraway
Military Commissions - Kangaroo Courts?, Charles H.B. Garraway
International Law Studies
No abstract provided.
The Legality Of Operation Iraqi Freedom Under International Law, Michael N. Schmitt
The Legality Of Operation Iraqi Freedom Under International Law, Michael N. Schmitt
International Law Studies
No abstract provided.
Full Volume 81: International Law Challenges: Homeland Security And Combating Terrorism
Full Volume 81: International Law Challenges: Homeland Security And Combating Terrorism
International Law Studies
No abstract provided.
European And German Security Policy And International Terrorism, Torsten Stein
European And German Security Policy And International Terrorism, Torsten Stein
International Law Studies
No abstract provided.
Is There A "New" Law Of Intervention And Occupation?, Leslie C. Green
Is There A "New" Law Of Intervention And Occupation?, Leslie C. Green
International Law Studies
No abstract provided.
Trade Barriers In Service/Investment Markets Erected By Korea And Japan, Eun Sup Lee
Trade Barriers In Service/Investment Markets Erected By Korea And Japan, Eun Sup Lee
ExpressO
This study analysis shows that the anti-competitive practices in the service market of the two countries have almost identical characteristics even though there are differences in the degree of the criticism against those barriers from their trading partner countries. These practices reflect the policy objectives of both government to emphasize consumer protection or stability of financial institutes rather than the institutes’ competitiveness or operative of efficiency, somewhat different from developed western countries. Such policy objectives reflect the overall social and cultural environments of the two countries which stress stability rather than productivity or efficiency of any institute. Considering the over-all …
Ley Federal Del Procedimiento Contencioso Administrativo., Bruno L. Costantini García
Ley Federal Del Procedimiento Contencioso Administrativo., Bruno L. Costantini García
Bruno L. Costantini García
Ponencia sobre la Ley Federal del Procedimiento Contencioso Administrativo, impartida por Bruno L. Costantini García.
The Most International Of International Crimes: Toward The Incorporation Of Drug Trafficking Into The Subject Matter Jurisdiction Of The International Criminal Court, George S. Yacoubian
The Most International Of International Crimes: Toward The Incorporation Of Drug Trafficking Into The Subject Matter Jurisdiction Of The International Criminal Court, George S. Yacoubian
ExpressO
At the 2004 annual meeting of the American Society of Criminology, I presented an article on drug trafficking and its implications for the international legal and social science community. During that presentation, several audience members commented that the analysis would be considerably stronger with international drug data. While there are few reliable sources for this type of information, they do exist. This essay thus represents a current summary of the drug use and abuse prevalence data, both internationally and in the United States. Given the state of the drug problem across the globe, the argument for the incorporation of drug …
The Coalescence Of United States Immigration Law And International Criminal Law: An Exploration Of Elias Zacarias In The Context Of Female Genital Mutilation, George S. Yacoubian
The Coalescence Of United States Immigration Law And International Criminal Law: An Exploration Of Elias Zacarias In The Context Of Female Genital Mutilation, George S. Yacoubian
ExpressO
In INS v. Elias Zacarias, the Supreme Court (SC) affirmed that nongovernmental actors (e.g., guerilla groups) can commit “persecution” as defined by § 101(a)(42) of the Immigration and Nationality Act (INA). Human rights violations by any international actor, governmental or otherwise, can thus, according to Elias Zacarias, trigger asylum protection in the United States (US). In contrast, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), to which the US is a party, requires the victimizer to be a “public official or other person acting in an official capacity.”
The CAT thus imposes a state …
What The Swiss Miss (Review Of Friedrich Durrenmatt, Selected Writings), Kenneth Anderson
What The Swiss Miss (Review Of Friedrich Durrenmatt, Selected Writings), Kenneth Anderson
Popular Media
The Swiss playwright and novelist Friedrich Durrenmatt (1921-90) is remembered among English-language audiences primarily as the author of the 1956 play, The Visit of the Old Lady. He is, however, a leading playwright and novelist, primarily of detective fiction, of Europe and the German language in the post-war period. This review from the Wall Street Journal examines the full body of his work in a three volume selection of his writings published by the University of Chicago. One important consideration is Durrenmatt's place as a German language writer, yet Swiss, rather than German, following the horrors of the Second World …
Splitting Genes: The Future Of Gmo's In The Wake Of The Wto/Cartagena Standoff, Sam A. Blaustein
Splitting Genes: The Future Of Gmo's In The Wake Of The Wto/Cartagena Standoff, Sam A. Blaustein
ExpressO
This article examines the conflict surrounding GMO's (Genetically Modified Organisms) between the WTO and the UN. The respective positions of the United States and the European Union are discussed. The article argues that both international and domestic laws conflict with the rigid "precautionary principle" and straight to market approach adhered to by the European Union and the United States respectively. It ultimately suggests that common GMO specific laws are necessary for both sides to meet their respective goals and obligations.
A Complete Property Right Amendment, John H. Ryskamp
A Complete Property Right Amendment, John H. Ryskamp
ExpressO
The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.
Hostile Takeovers And Hostile Defenses: A Comparative Look At U.S. Board Deference And The European Effort At Harmonization, Tyler A. Theobald
Hostile Takeovers And Hostile Defenses: A Comparative Look At U.S. Board Deference And The European Effort At Harmonization, Tyler A. Theobald
ExpressO
The United States and the European Union have taken very different approaches in dealing with tender offers, especially in respect to the amount of power the board of directors has to block an unwanted takeover attempt. The United States has no single set of guiding principles regarding most of substantive corporate law and the field of tender offers is no different. The European Union, on the other hand, has very recently passed legislation that not only attempts to harmonize the corporate takeover laws of all its member states, but seeks to restrict the power of the board of directors. The …
Do Foreigners Need Title Insurance In Mexico? - An Analysis Of U.S. Title Insurance And Mexican Real Estate Law, Jeffrey G. Boman
Do Foreigners Need Title Insurance In Mexico? - An Analysis Of U.S. Title Insurance And Mexican Real Estate Law, Jeffrey G. Boman
ExpressO
This paper analyzes the title insurance industry in the United States and comparable institutions in Mexico. It begins with an overview of the history of title in both counties, followed by a description of their respective real estate systems. Finally, a summary of the laws that affect holding title to property in Mexico reveals that, although title insurance may provide other benefits for foreign investors, it provides duplicitous coverage for property in Mexico.
Through The Looking Glass: Runaway Productions And "Hollywood Economics", Adrian H. Mcdonald
Through The Looking Glass: Runaway Productions And "Hollywood Economics", Adrian H. Mcdonald
ExpressO
This paper uses the issue of runaway production as a looking glass into the complex world of Hollywood economics and politics. As such, a broad overview of Hollywood's business practices, history, and technology are discussed so the reader can understand how runaway production (a major issue itself) is one piece of the Hollywood puzzle. Specifically, this paper attempts to study runaway productions from the Law and Economics approach described in Judge Richard Posner's text on the subject. Events in 2006 illustrate the continuing importance of runaway productions and CEIDR's August 2006 report is discussed in this paper.
Recently expanded, this …
Reforming Mexico’S Labor Law For Independent Labor Unions, Mischa H. Karplus
Reforming Mexico’S Labor Law For Independent Labor Unions, Mischa H. Karplus
ExpressO
Reforming Mexico’s Labor Law for Independent Labor Unions analyzes the legal difficulties Mexican independent labor unions face in establishing themselves and proposes a legislative solution. The methodology used examines the institutionalized behaviors of the administrative labor boards and businesses, which prevent the formation of independent labor unions. The discretion that Mexican labor law affords the labor boards and businesses explains, in large measure, the obstacles facing independent labor unions. Having analyzed the relevant legal framework this article proposes specific legislation to strengthen these independent labor unions. Within the context of a developing country, Reforming Mexico’s Labor Law for Independent Labor …
The Flight From Arbitration: An Empirical Study Of Ex Ante Arbitration Clauses In Publicly-Held Companies’ Contracts, Theodore Eisenberg, Geoffrey Miller
The Flight From Arbitration: An Empirical Study Of Ex Ante Arbitration Clauses In Publicly-Held Companies’ Contracts, Theodore Eisenberg, Geoffrey Miller
ExpressO
We study a data set of 2,858 contracts contained as exhibits in Form 8-K filings by reporting corporations over a six month period in 2002 for twelve types of contracts and a seven month period in 2002 for merger contracts. Because 8-K filings are required only for material events, these contracts likely are carefully negotiated by sophisticated parties who are well-informed about the contract terms. These contracts, therefore, provide evidence of efficient ex ante solutions to contracting problems. The vast majority of contracts did not require arbitration. Only about 11 percent of the contracts included binding arbitration clauses. The rate …
Combating Terrorism In Bosnia-Herzegovina: Explaining And Assessing Article 201 Of The Bosnian Criminal Code, Henry M. Lovat
Combating Terrorism In Bosnia-Herzegovina: Explaining And Assessing Article 201 Of The Bosnian Criminal Code, Henry M. Lovat
ExpressO
This paper explores the legal measures that have been enacted in Bosnia-Herzegovina (BiH) to counter the threat of terrorism, focusing particularly on the international and domestic political context in which the reform of the Bosnian criminal code was carried out, on the apparent origins of Article 201 of the BiH criminal code in the European Union Framework Decision on Combating Terrorism of June 2002 and on the strengths and weaknesses of this definition in the Bosnian context. The paper argues firstly that the events of 9/11, while certainly of significance, were less salient to the definition of terrorism adopted in …
Of Politics And Policy: Can The U.S. Maintain Its Credibility Abroad While Ignoring The Needs Of Its Children At Home?—Revisiting The U.N. Convention On The Rights Of The Child As A Transnational Framework For Local Governing, Cleveland Ferguson
ExpressO
The article uses the lens of the Convention on the Rights of the Child as a framework for developing solutions. It compares the world’s approach of using the underpinnings of the Convention to create the Millennium Development Goals (MDGs). This process represents a positive evolution in international human rights law. Use of the MDGs has met with some success. As a result, the article compares the U.S. go-it-alone approach with that of the collaborative model of the MDGs. Pointing out that child law is primarily state law, the article then discusses the ways in which local governments (cities, counties, and …
Labor’S Human Rights: A Review Of The Nature And Status Of Core Labor Rights As Human Rights, Roy J. Adams
Labor’S Human Rights: A Review Of The Nature And Status Of Core Labor Rights As Human Rights, Roy J. Adams
Human Rights & Human Welfare
© Roy J. Adams. All rights reserved.
This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission of the author. The editors cannot guarantee a stable URL for any paper posted here, nor will they be responsible for notifying others if the URL is changed or the paper is taken off the site. Electronic copies of this paper may not be posted on any other website without express permission of the author.
From Origin To Delta: Changing Landscape Of Modern Constitutionalism, Jiunn-Rong Yeh, Wen-Chen Chang
From Origin To Delta: Changing Landscape Of Modern Constitutionalism, Jiunn-Rong Yeh, Wen-Chen Chang
ExpressO
This article deals with the question of whether and to what extent the two forces of democratization and globalization have altered our understandings of constitutionalism. We attempt to theorize a changing landscape of constitutionalism that includes transitional and transnational perspectives and examine respectively their features, functions and characteristics. First, we analyze respective developments of transitional and transnational constitutionalism by identifying their features, perspectives, functions, and characteristics. Then we examine to what extent and in what ways the developments in transitional and transnational constitutionalism pose challenges to our traditional understanding of modern constitutional laws. Finally, we shall picture a new constitutional …
One Step Forward, Two Step Backwards: Addressing Objections To The Icc’S Prescriptive And Adjudicative Powers , Nema Milaninia
One Step Forward, Two Step Backwards: Addressing Objections To The Icc’S Prescriptive And Adjudicative Powers , Nema Milaninia
ExpressO
The Rome Statute of the International Criminal Court (ICC) permits the ICC to exercise subject-matter jurisdiction over individuals who engage in war crimes, genocide, crimes against humanity, and crimes of aggression. However, under Article 13, the ICC may only exercise personal jurisdiction over persons referred by the Security Council under Chapter VII, or over nationals of a state party, or persons whose alleged criminal conduct occurred on the territory of a state party
This article evaluates the interplay between principles of public international law and international criminal law in determining whether the ICC’s grant of jurisdiction under the Rome Statute …
The Role Of International Human Rights Law In The American Decision To Abolish The Juvenile Death Penalty, William A. Feldman
The Role Of International Human Rights Law In The American Decision To Abolish The Juvenile Death Penalty, William A. Feldman
ExpressO
This article focuses on the recent (2005) decision of the United States Supreme Court in Roper v. Simmons, declaring the juvenile death penalty unconstitutional. The article discusses the impact of international law, particularly human rights law, on the decision of the Court, and speculates about the influence of international law on future decisions.