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Articles 1 - 24 of 24
Full-Text Articles in Law
Lunch Address: The United States' Role In International Human Rights Under The Trump Admininstration, Elisa Massimino
Lunch Address: The United States' Role In International Human Rights Under The Trump Admininstration, Elisa Massimino
Case Western Reserve Journal of International Law
Elisa Massimino presents an adaptation of her speech, which focuses on role of the U.S. in the international human rights. Specific topics included praise of dictoators, withdrawal from the Human Rights Council, the need to fight to preserve and restore democracy and rule of law and the Trump Adminsitration's blocking of Muslim refugees.
Non-Appropriation, No Problem: The Outer Space Treaty Is Ready For Asteroid Mining, John G. Wrench
Non-Appropriation, No Problem: The Outer Space Treaty Is Ready For Asteroid Mining, John G. Wrench
Case Western Reserve Journal of International Law
Has technology outrun the international law governing outer space? This dilemma presents itself as private entities become capable of space travel and new technology makes asteroid mining a reality. Although the Outer Space Treaty's "non-appropriation" principle prohibits nations from claiming sovereignty over space bodies, that restriction does not prevent resource extraction. The non-appropriation principle, interpreted alongside existing legal regimes, distinguishes between forbidden appropriation and permissible extraction. Consequently, the non-appropriation principle is most accurately viewed as a flexible premise from which the international community is free to fashion unique laws governing resource extraction in outer space.
Sifting Through The Arbitrators For The Woman, The Minority, The Newcomer, Douglas Pilawa
Sifting Through The Arbitrators For The Woman, The Minority, The Newcomer, Douglas Pilawa
Case Western Reserve Journal of International Law
This Note examines the process of choosing an arbitrator in international arbitration. Much of the debate and criticism of this process addresses the lack of diversity in arbitral tribunals around the world. Diversity in this context means not only traditional diversity (i.e. gender, race, ethnicity), but also the basic idea of adding "fresh faces " to arbitral tribunals. Yet the ethical obligation to provide a client with the best chance to prevail encourages counsel to choose a familiar, wellknown name with an established "track record" over a littleknown "dark horse. " This tension illustrates a fundamental point of friction in …
Talking Foreign Policy: Responding To Rogue States, Michael P. Scharf, Et Al.
Talking Foreign Policy: Responding To Rogue States, Michael P. Scharf, Et Al.
Case Western Reserve Journal of International Law
A one-hour radio program hosted by Dean Michael P. Scharf, in which experts such as Todd F. Buchwald, James Johnson and Milena Sterio discuss national security in the United States in light of terrorism and rogue nations have weapons of mass desdtruction.
Time's Up, Councilman: Why Military Commissions Warrant Exemption From Abstention Doctrine, Alex W.S. Lilly
Time's Up, Councilman: Why Military Commissions Warrant Exemption From Abstention Doctrine, Alex W.S. Lilly
Case Western Reserve Journal of International Law
In 2017, two Guantanamo Bay detainees filed writs of certiorari with the Supreme Court of the United States. Through different claims, both men argued that the military commissions convened to prosecute them lacked subject matter jurisdiction to do so. The first man, Ali Hamza Ahmad Suliman al Bahlul, challenged his conspiracy conviction on the basis that it is unconstitutional to try purely domestic offenses in a non-Artide III tribunal. The second, Abd al Rahim al-Nashiri, has not yet been tried. As such, he raised pretrial objections to his military commission's competence to try him for crimes committed pre-9/11. In October …
The Use Of Force Against "Rogue States", Amb. Todd F. Buchwald
The Use Of Force Against "Rogue States", Amb. Todd F. Buchwald
Case Western Reserve Journal of International Law
The article focuses on use of force law which has evolved with respect to the kinds of threats posed by the two categories of rogue states.
The Current Minefied For Immigration Practitioners: Protecting The Rights Of Clients In The Trump Era, Lisa Scott, Aleksandra Miezin, Jessica Taba, Jacob Witz
The Current Minefied For Immigration Practitioners: Protecting The Rights Of Clients In The Trump Era, Lisa Scott, Aleksandra Miezin, Jessica Taba, Jacob Witz
Case Western Reserve Journal of International Law
The article focuses on several anti-immigration policies of the U.S. President Donald Trump which include "America First," and "Buy American and Hire American," which have rendered the U.S. immigration system nearly impossible to navigate without an experienced, highly-skilled attorney. It mentions cancellation of the Deferred Action for Childhood Arrivals (DACA) program as a rollback on basic human rights as seen through family separations.
Foreword: International Law And Policy In The Age Of Trump, Michael P. Scharf, John G. Wrench
Foreword: International Law And Policy In The Age Of Trump, Michael P. Scharf, John G. Wrench
Case Western Reserve Journal of International Law
An introduction to the issue topics, ranging from U.S.-North Korean relations and its policies toward rogue states to immigration law and human rights in the U.S.
Exiting Paris: What The Climate Accord Teaches About The Features Of Treaties And Executive Agreements, Eugene Kontorovich
Exiting Paris: What The Climate Accord Teaches About The Features Of Treaties And Executive Agreements, Eugene Kontorovich
Case Western Reserve Journal of International Law
The article discusses the United States' withdrawal from the Paris Climate Accords, which has two features -- a protracted withdrawal period and broad multilateral structure--which keep it from having an effect as a sole executive agreement.
Five Unanswered Questions From Trump V. Hawaii, Josh Blackman
Five Unanswered Questions From Trump V. Hawaii, Josh Blackman
Case Western Reserve Journal of International Law
This article addresses five topics left unanswered by the majority opinion in Trump v. Hawaii, which upheld President Trump's travel ban in its entirety. What will happen on remand with respect to discovery? How should lower courts treat "this President, " as opposed to "the President "? How does the Constitution apply to aliens who are not seeking entry into the United States but have already crossed the border? What is the scope of the president's Article II power to exclude aliens? And, what is the permissible scope of a nationwide injunction?
Elements Of Its Own Demise: Key Flaws In The Obama Administration's Domestic Approach To The Iran Nuclear Agreement, Jamil N. Jaffer
Elements Of Its Own Demise: Key Flaws In The Obama Administration's Domestic Approach To The Iran Nuclear Agreement, Jamil N. Jaffer
Case Western Reserve Journal of International Law
The article discusses the United States' eventual withdrawal by the U.S. from Joint Comprehensive Plan of Action (JCPOA). Congressional review of the agreement helped President Donald Trump's withdrawal.
Leverage Is Everything: Understanding The Trump Administration's Linkage Between Trade Agreements And Unilateral Import Restrictions, Richard O. Cunningham
Leverage Is Everything: Understanding The Trump Administration's Linkage Between Trade Agreements And Unilateral Import Restrictions, Richard O. Cunningham
Case Western Reserve Journal of International Law
This paper offers an understanding of the Trump administration's (Administration) often-perplexing approach to international trade policy and, in particular, the Administration's repeated threats to withdraw from or renegotiate bilateral, regional and multilateral trade agreements. The central premise offered here is that all Administration trade actions--including both its approach to trade agreements and its threats or use of unilateral import restrictions--must be seen in terms of two fundamental goals. The first is to eliminate U.S. trade deficits with foreign countries (individually or collectively). The second is to restore the U.S. manufacturing sector by limiting imports and by bringing back to the …
Klatsky Endowed Lecture In Human Rights, Catherine Marchi-Uhel
Klatsky Endowed Lecture In Human Rights, Catherine Marchi-Uhel
Case Western Reserve Journal of International Law
Catherine Marchi-Uheldiscusses widespread violations of human rights and international humanitarian lawm which the international community should address.
Mens Rea Reform As A Demand-Side Solution To The Problem Of Sex Trafficking, Daniel Michael Criswell
Mens Rea Reform As A Demand-Side Solution To The Problem Of Sex Trafficking, Daniel Michael Criswell
Case Western Reserve Journal of International Law
Trafficking in persons has existed around the world for many years, yet the United States has only begun to take this modem form of slavery seriously in the last two decades. The nature of sex trafficking has caused confusion for the United States and others around the globe regarding how to best deal with the commercial sex industry. The failure to reduce the commercial sex industry through traditional means of prosecuting the traffickers and their victims has motivated Sweden, and consequently the United States, to pursue a different strategy: reducing the demand through the prosecution of the buyers of commercial …
Regulatory Cooperation And The Trump Administration, David Zaring
Regulatory Cooperation And The Trump Administration, David Zaring
Case Western Reserve Journal of International Law
regulatory cooperation, regulatory harmonization, administrative law
Responding To Chemical Weapons Use In Syria, Michael P. Scharf
Responding To Chemical Weapons Use In Syria, Michael P. Scharf
Case Western Reserve Journal of International Law
The article examines whether the April 2018 airstrikes against Syria may have constituted a tipping point in the evolving customary international law of humanitarian intervention in order to prevent the use of chemical weapons in Syria. Specifically, the back-and-forth movement of international law towards recognizing a limited right of humanitarian intervention, as well as the connection between customary international law and unilateral humanitarian intervention.
Talking Foreign Policy: North Korea Summit, Michael P. Scharf, Et Al.
Talking Foreign Policy: North Korea Summit, Michael P. Scharf, Et Al.
Case Western Reserve Journal of International Law
A one-hour radio program, hosted by the Dean of Case Western Reserve University School of Law Michael Scharf in which experts such as Shannon French, Tim Webster and Milena Sterio discuss North Korea's nuclear weapons test and related topics.
The Trump Administration And Immigration Judges: Decreased Judicial Independence Or Increased Efficiency?, Aleksandar Cuic
The Trump Administration And Immigration Judges: Decreased Judicial Independence Or Increased Efficiency?, Aleksandar Cuic
Case Western Reserve Journal of International Law
Through the Attorney General, the Trump administration has changed asylum and immigration policies in several ways. In 2018, former-Attorney General Sessions used his referral power to overturn an immigration court's determination that victims of domestic violence are eligible for asylum as members of a "particular social group. " In the same year, the Attorney General issued a decision that prohibits immigration judges from administratively closing cases. Lastly, then-acting Attorney General Whitaker certified a case that raised a question as to whether membership in a family is a "particular social group" under asylum law. This article explores a question raised by …
The Trump Administration And The International Criminal Court: A Misguided New Policy, Mileno Sterio
The Trump Administration And The International Criminal Court: A Misguided New Policy, Mileno Sterio
Case Western Reserve Journal of International Law
The article focuses on the approach of U.S. President Donald Trump' administration regarding International Criminal Court (ICC). It presents views of National Security Advisor John Bolton on Protecting American Constitutionalism and Sovereignty from International Threats.
The Trump Administration's Approach To International Law And Courts: Are We Seeing A Turn For The Worse?, John B. Bellinger Iii
The Trump Administration's Approach To International Law And Courts: Are We Seeing A Turn For The Worse?, John B. Bellinger Iii
Case Western Reserve Journal of International Law
The article focuses on the approach of administration of the U.S. President Donald Trump to international courts and tribunals, to treaties and international agreements, and to international human rights.
Use Of Force In Humanitarian Crises: Addressing The Limitations Of U.N. Security Council Authorization, Paul R. Williams
Use Of Force In Humanitarian Crises: Addressing The Limitations Of U.N. Security Council Authorization, Paul R. Williams
Case Western Reserve Journal of International Law
The article focuses on the use of force in humanitarian crises and mass atrocity crimes and limitation of the United Nations (UN) Security Council. It mentions need for a framework for non-UN authorized military force in the name of humanitarian intervention.
World War Web: Rethinking "Aiding And Abetting" In The Social Media Age, Rebecca J. Cambron
World War Web: Rethinking "Aiding And Abetting" In The Social Media Age, Rebecca J. Cambron
Case Western Reserve Journal of International Law
ISIS's use of social media presents a new challenge for counterterror efforts. The organization aims to recruit followers and incite violence through social media. Given that this is a new medium for terrorist organizations, social media companies have come under fire for indirectly providing ISIS with farreaching platforms to spread its content. The companies, as well as national governments and international entities, have attempted to respond to the threat posed by such content. These responses, however, have proven ineffective. This Note argues that to effectively respond to and combat the threat posed by terrorist speech, national governments should adopt a …
Front Matter, Volume 51
Front Matter, Volume 51
Case Western Reserve Journal of International Law
No abstract provided.
Masthead, Volume 51
Masthead, Volume 51
Case Western Reserve Journal of International Law
No abstract provided.