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Full-Text Articles in Law
Infringement, Unbound, Sarah R. Wasserman Rajec
Infringement, Unbound, Sarah R. Wasserman Rajec
Sarah R. Wasserman Rajec
No abstract provided.
Words Not War: A Letter From The Netherlands, Nancy Amoury Combs
Words Not War: A Letter From The Netherlands, Nancy Amoury Combs
Nancy Combs
A report from Holland, where "the most significant arbitration body in history" has devoted 16 years to mediating legal matters between two hostile nations: the United States and the Republic of Iran.
Who Owns The Law? How To Restore Public Ownership Of Legal Publication, Leslie A. Street, David R. Hansen
Who Owns The Law? How To Restore Public Ownership Of Legal Publication, Leslie A. Street, David R. Hansen
Leslie Street
No abstract provided.
Still Dissatisfied After All These Years: Intellectual Property, Post-Wto China, And The Avoidable Cycle Of Futility, Peter K. Yu
Still Dissatisfied After All These Years: Intellectual Property, Post-Wto China, And The Avoidable Cycle Of Futility, Peter K. Yu
Peter K. Yu
No abstract provided.
The International Criminal Court, Ten Years Later: Appraisal And Prospects, Joseph M. Isanga
The International Criminal Court, Ten Years Later: Appraisal And Prospects, Joseph M. Isanga
Joseph Isanga
On March 14, 2012, ten years after the International Criminal Court (ICC) became operational, and with around $900 million spent, the ICC delivered its first judgment. It has issued only thirteen arrest warrants. Is the ICC too slow and too expensive? The Kampala Review Conference held in 2010, seven years after the Rome Statute of the International Criminal Court (Rome Statute) entered into force, could have probed a plethora of questions. Instead, it was a limited stocktaking exercise, leaving many issues unresolved. In 2012, the ICC marked ten years since the Rome Statute entered into force. Seizing upon this milestone, …
The Geography Of Climate Change Litigation: Implications For Transnational Regulatory Governance, Hari M. Osofsky
The Geography Of Climate Change Litigation: Implications For Transnational Regulatory Governance, Hari M. Osofsky
Hari Osofsky
This Article aims to forward the dialogue about transnational regulatory governance through a law and geography analysis of climate change litigation. Part II begins by considering fundamental barriers to responsible transnational energy production. Part III proposes a place-based approach to dissecting climate change litigation and a model for understanding its spatial implications. Parts IV through VI map representative examples of climate change litigation in subnational, national, and supranational fora. The Article concludes by exploring the normative implications of this descriptive geography; it engages the intersection of international law, international relations, and geography as a jumping-off point for a companion article.
Diversity In The Boardroom: A Content Analysis Of Corporate Proxy Disclosures, Aaron A. Dhir
Diversity In The Boardroom: A Content Analysis Of Corporate Proxy Disclosures, Aaron A. Dhir
Aaron A. Dhir
My work in this field has focused on regulation by quota and regulation by disclosure. With regard to quotas, strikingly, the Norwegian law is not located in regulation that explicitly deals with human rights or equality issues; rather, it is found in the heart of the legal regime that gives life and personality to corporations – in Norwegian corporate law. I have conducted qualitative, interview-based research with Norwegian corporate directors, both men and women. It is only through understanding how the goals of the law have translated into the day-to-day existence of these individuals that we can begin to consider …
The Faces Of Japanese Labor Relations In Japan And The U.S. And The Emerging Legal Issues Under U.S. Labor Laws, Ronald C. Brown
The Faces Of Japanese Labor Relations In Japan And The U.S. And The Emerging Legal Issues Under U.S. Labor Laws, Ronald C. Brown
Ronald Brown
The so-called "traditions" of Japanese labor relations are being put into practice in the United States in adapted form by Japanese investors and are being adopted by U.S. companies as well. This Japanese-style labor relations is in effect - the "new labor relations" in the United States.
Against Foreign Law, Robert J. Delahunty, John Yoo
Against Foreign Law, Robert J. Delahunty, John Yoo
John C Yoo
The article looks at the practice of several U.S. Supreme Court justices who have considered the decisions of foreign and international courts for guidance in interpreting the U.S. constitution. This practice has occurred in several controversial, high profile cases. There are two main reasons to think that use of foreign or international decisions extends beyond mere ornamentation.
International Remedies In National Criminal Cases: Icj Judgment In Germany V. United States, Douglass Cassel
International Remedies In National Criminal Cases: Icj Judgment In Germany V. United States, Douglass Cassel
Douglass Cassel
In Germany v. United States (2001), the International Court of Justice ruled that the Vienna Convention on Consular Relations confers judicially enforceable rights on foreign nationals detained for prolonged periods or sentenced to severe penalties without notice of their right to communicate with their consulates. The Court also ruled that states which fail to give timely notice cannot later invoke procedural default to bar individuals from judicial relief. However, the Court did not clearly address other issues, such as requiring individuals to show prejudice to the outcome of the trial, or denial of certain remedies for Convention violations, which may …
Empowering United States Courts To Hear Crimes Within The Jurisdiction Of The International Criminal Court, Douglass Cassel
Empowering United States Courts To Hear Crimes Within The Jurisdiction Of The International Criminal Court, Douglass Cassel
Douglass Cassel
No abstract provided.
China's New Copyright Law Reforms: A Comparative Analysis, Shruti Rana, Garland Rowland
China's New Copyright Law Reforms: A Comparative Analysis, Shruti Rana, Garland Rowland
Shruti Rana
Nations and businesses around the globe have been battling over copyright protection rules, with industrialized nations pressuring developing nations to adopt Western-style copyright regimes. These battles have escalated as copyright piracy grows and developing nations struggle to formulate laws that will protect their own intellectual properties as well as those of industrialized nations. China is at the cutting edge of these debates; in the summer of 2012, China released transformative new proposals to modify its copyright rules. This Article, which we believe is the first in-depth academic piece analyzing China’s new reforms, critiques China’s new proposals and argues that China …
Legitimacy, Accountability, And Partnership: A Model For Advocacy On Third World Environmental Issues, David A. Wirth
Legitimacy, Accountability, And Partnership: A Model For Advocacy On Third World Environmental Issues, David A. Wirth
David A. Wirth
To date, there has been little effort to define the characteristics of responsible environmental reform efforts by private citizens and organizations in the United States on foreign environmental problems, such as the quality of foreign aid. Moreover, there have been virtually no attempts to identify a principled role for American lawyers in Third World environmental issues. This Essay will respond to these lacunae by articulating a new approach to advocacy based on a partnership model. In Part I, this Essay identifies the need for American public interest advocates to establish partnerships with directly affected groups on Third World environmental issues. …