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Articles 1 - 11 of 11
Full-Text Articles in Law
Using The Ability To Host World Events As Incentive To Procure Voluntary Anti-Discrimination Legal Reform, Brett M. Crowell
Using The Ability To Host World Events As Incentive To Procure Voluntary Anti-Discrimination Legal Reform, Brett M. Crowell
San Diego International Law Journal
The International Olympic Committee (IOC) and Federation Internationale de Football Association (FIFA) have the power to effect global change. Countries vie for the honor of hosting world events such as the Olympic Games and the World Cup because of the prestige and the economic and political gains those events provide. The IOC and FIFA can and should use the incentive of hosting one of these events to procure legal reform in myriad humanitarian equality issues such as sexual orientation, gender, and race. These organizations can prompt this change by requiring that host countries uphold a set of minimum legal standards …
Protecting Equine Welfare And International Consumers Of Horse Meat: A Proposal For The Renewal Of Horse Slaughter In The United States, Natalie Anderson
Protecting Equine Welfare And International Consumers Of Horse Meat: A Proposal For The Renewal Of Horse Slaughter In The United States, Natalie Anderson
San Diego International Law Journal
This Comment will address how the de facto ban on horse slaughter and the shift in destination of American horses bound for harvesting has had unintended negative consequences for equine welfare and for the safety of international consumers of horse meat. Part II analyzes the role of the horse in American history, and how this has shaped horse slaughter legislation and the international trade of American horse meat. Part III examines regulations and guidelines for the humane transportation, handling, and slaughter of horses in the United States, Canada and Mexico, and demonstrates how poorly-framed legislation, a lack of formal agreements …
A Comparison Of The Jurisprudence Of The Ecj And Efta Court On The Free Movement Of Good In The Eea: Is There An Intolerable Separation Of Article 34 Of The Tfue And Article 11 Of The Eea?, Jarrod Tudor
San Diego International Law Journal
Article 11 of the European Economic Area (“EEA”) and Article 34 of the Treaty on the Functioning of the European Union (“TFEU”) prohibit quantitative restrictions on the free movement of goods. The EEA is monitored by the European Free Trade Area Court (“EFTA Court”) and the TFEU is monitored by the European Court of Justice (“ECJ”). In theory, the EFTA Court and the ECJ should interpret Article 11 and Article 34 in the same manner in order to promote harmonization of the law on the free movement of goods and allow for further economic integration between EFTA and the EU. …
Regulating Access To Traditional Knowledge And Genetic Resources: The Disclosure Requirement As A Strategy To Combat Biopiracy, Paul Kuruk
San Diego International Law Journal
The objective of this Article is to examine the disclosure requirement as a measure to enhance the protection of traditional knowledge and genetic resources. Section Two illustrates the negative effects of biopiracy drawing on selected cases from Africa, India and the Americas while Section Three describes the international regime governing access to genetic resources and related traditional knowledge including rules on prior informed consent, mutually agreed terms and the fair and equitable sharing of benefits. Section Four traces the evolution of the obligation to disclose from provisions in national model laws and a draft treaty on folklore prepared by WIPO, …
Proportionality In Perspective: Historical Light On The Law Of Armed Conflict, Jeremy Rabkin
Proportionality In Perspective: Historical Light On The Law Of Armed Conflict, Jeremy Rabkin
San Diego International Law Journal
The argument of this article is that the proportionality rule in AP–I does express a doctrine that has real roots in western military practice, but it was not traditionally understood as the severe constraint on military operations that the Red Cross propounds. The western States at the Geneva drafting conference did not resist the proportionality rule. In fact, they were active sponsors of that formulation. They understood that rule to be consistent with past practice, including most Allied tactics in the world wars. At the time of the drafting conference, World War II was still within the personal memory of …
“Online Pharmacy Regulation: How The Ryan Haight Online Pharmacy Consumer Protection Act Can Help Solve An International Problem”, Bob Schultz
San Diego International Law Journal
There is an unaddressed anomaly with respect to regulating online pharmacies when compared with traditional pharmacies. Online pharmacies serve the same ends as traditional brick and mortar pharmacies, i.e., to bring medication to consumers as a part of a profitable business. The raison d’étre of traditional pharmacy regulation—to protect consumers —should logically apply to online sources of the same inherently dangerous pharmaceuticals. However, traditional pharmacies are regulated, while online pharmacies have long eluded effective regulation and now constitute a lawless source of purchase and abuse that is far from real physician control, effective standards, or accountability....
This Comment will establish …
Does Animal Welfare Trump Religious Liberty? The Danish Ban On Kosher And Halal Butchering, R J. Delahunty
Does Animal Welfare Trump Religious Liberty? The Danish Ban On Kosher And Halal Butchering, R J. Delahunty
San Diego International Law Journal
Western European governments since the eighteenth century Enlightenment have frequently enacted laws and regulations that have adverse effects (sometimes intended) on traditional Jewish ritual practices, including Sabbath observance, dress, and dietary practices. Regulations of the latter kind have often been adopted in the name of sparing animals from the purportedly cruel and inhumane methods used in the Jewish ritual slaughtering of cattle. Last year, the Danish Ministry of Food and Agriculture issued regulations that require the stunning of cattle before they can be slaughtered. Defended on the grounds of animal welfare, the regulations had the foreseen effect of precluding the …
Protecting Small Businesses Against Trademark Bullying: Creating A Federal Law To Remove The Disparity Of Leverage Trademark Holders Maintain Over Small Businesses, Anthony James Dispoto
Protecting Small Businesses Against Trademark Bullying: Creating A Federal Law To Remove The Disparity Of Leverage Trademark Holders Maintain Over Small Businesses, Anthony James Dispoto
San Diego International Law Journal
This Comment will first seek to understand the problem of overactive trademark policing by starting with a brief introduction to trademarks, trademark bullying, and the modern methods that companies use against trademark bullying. Second, this Comment will make a comparative analysis of the United States federal and state statutory provisions, proposed legislation from Minnesota, a trademark reform theory from William McGeveran, and current trademark statutory provisions in the United Kingdom. After analyzing the most pertinent provisions of the active and proposed domestic trademark laws and the trademark law from the foreign jurisdiction, this comment will seek to solve the problem …
Too Porous For Protection? Loopholes In Eb-5 Investor Visa Oversight Are Cause For National Security Concern, Christine Ryan
Too Porous For Protection? Loopholes In Eb-5 Investor Visa Oversight Are Cause For National Security Concern, Christine Ryan
San Diego International Law Journal
This Comment examines whether continuation of the EB-5 Visa Program, as it currently stands, must be assessed in light of national security concerns. Part II will discuss the basics of acquiring an EB-5 Visa. Part III will discuss the changes in EB-5 requirements since the program was created, the recent surge in demand for EB-5 visas, and problems of EB-5 fraud. Part IV will examine the shift in perceived national security threats since the creation of the EB-5 Program and recent actions by CFIUS. Part V will address several shortcomings of the EB-5 Program and conclude that the EB-5 Visa, …