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Articles 1 - 9 of 9
Full-Text Articles in Law
International Union United Mine Workers V. Bagwell: A Paradigm Shift In The Distinction Between Civil And Criminal Contempt , Philip A. Hostak
International Union United Mine Workers V. Bagwell: A Paradigm Shift In The Distinction Between Civil And Criminal Contempt , Philip A. Hostak
Cornell Law Review
No abstract provided.
Children's Rights In Intercountry Adoption: Towards A New Goal, S. I. Strong
Children's Rights In Intercountry Adoption: Towards A New Goal, S. I. Strong
Faculty Publications
Each year, hundreds of thousands of children languish in foster or institutional care worldwide, while at the same time, thousands of adults, married and unmarried alike, are denied children because of “shortages.” How did this tragedy occur, and why does it continue to be repeated daily in countries around the world? The unfortunate truth is that many of the legal and societal norms now in place effectively prohibit needy children from finding suitable homes. While potential parents in Western countries cry out for babies of their own, millions of children live in physical and psychological poverty in underfunded orphanages around …
Controlling Improper Financial Gain In International Adoptions, Kristina Wilken
Controlling Improper Financial Gain In International Adoptions, Kristina Wilken
Duke Journal of Gender Law & Policy
When I went with the lawyer to pick up Kate--some part of town I could never find again--her mother was lying there, not in a house really, more like a stall with a bed in it. . . . It was like we were going baby shopping. 1 Although once rarely contemplated, international adoption has become a realistic option for couples in the United States. In fact, the United States has received more foreign children for adoption than any other country in the world. 2 Since the first wave of international adoptions in the late 1940s, 3 over 130,000 children …
Illusion And Reality In International Forum Selection, William W. Park
Illusion And Reality In International Forum Selection, William W. Park
Faculty Scholarship
The text of a legal rule is often less important than the context of its interpretation and application. If a dispute between an American buyer and a French seller were to come before a French court, the buyer might be apprehensive not so much from any fearful oddity of French law, but because the adjudicatory procedure arguably gave the French side a "home court advantage." In some other countries, the integrity or independence of the judiciary may also be a matter of concern. In an international transaction, the absence of any reasonably neutral forum with compulsory jurisdiction makes the consequences …
Democratic Responses To International Terrorism, Christopher L. Blakesley
Democratic Responses To International Terrorism, Christopher L. Blakesley
Scholarly Works
This volume provides a multidisciplinary study of terrorism. The editor notes at the outset the difficulty of definition: "Terrorism is not a one-dimensional problem; it transcends many frontiers: political, jurisdictional, institutional, disciplinary and methodological. So approaching the problem from only one perspective may lead to only partial understanding and an incomplete strategy for developing constructive responses” (p. 3). Note the tendency of even this careful statement to assume that terrorism is always committed by others, Also, although legal definition and consideration may be implied by the terms polical, jurisdictional, institutional and disciplinary, which are indicated as various dimensions of …
Report Of The Conference Rapporteur, Berta E. Hernández-Truyol
Report Of The Conference Rapporteur, Berta E. Hernández-Truyol
UF Law Faculty Publications
This summary constitutes my Final Report to the Conference on the International Protection of Reproductive Rights (the "Conference") jointly sponsored by the Women & International Law Program at the Washington College of Law of the American University and the Women in the Law Project of the International Human Rights Law Group. The Conference focused on issues that affect the role of women in society and the role played by rules of law in defining and marginalizing women's existence in society. The Conference goals included the reformulation of the international human rights construct to advance and implement women's rights, particularly women's …
Enforcement And The Success Of International Environmental Law, Mary Ellen O'Connell
Enforcement And The Success Of International Environmental Law, Mary Ellen O'Connell
Journal Articles
Professor O'Connell discusses the traditional methods used for international law "enforcement," and she argues that international law is generally obeyed. Its enforcement is based primarily on compliance, not enforcement. Accordingly, the author argues against using international enforcement mechanisms to enforce international environmental law. Instead, she posits that domestic courts should be used for international environmental law enforcement; however, certain obstacles, such as sovereign immunity, the doctrine of standing, and the principle of forum non conveniens, must be overcome. Professor O'Connell argues that it may be possible to overcome many of these court-made obstacles to enforcing international law through domestic courts. …
A Transnational Perspective On Extending Nepa: The Convention On Environmental Impact On Assessment In A Transboundary Context, Laura Carlan Battle
A Transnational Perspective On Extending Nepa: The Convention On Environmental Impact On Assessment In A Transboundary Context, Laura Carlan Battle
Duke Environmental Law & Policy Forum
Introduction In recent years, the potential adverse impacts of transboundary pollution have received heightened attention both domestically and abroad. 1 International pollution may detrimentally affect outer space, the atmosphere, the oceans, the weather, and possibly the climate, freshwater bodies, groundwater aquifers, farmland, cultural heritage, and life forms. 2 Specific pollution threats include acid deposition, nuclear contamination, debris in outer space, stratospheric ozone depletion, and toxic petroleum spills. The Chernobyl nuclear power plant accident, on April 26, 1986, raised the world's consciousness about the potentially devastating effects of transboundary nuclear pollution. 3 Given this backdrop and the emerging interdependence of nations, …
The Regulation Of Hazardous Substances In Mexican Law, Carl E. Koller Lucio
The Regulation Of Hazardous Substances In Mexican Law, Carl E. Koller Lucio
Duke Environmental Law & Policy Forum
Introduction Unlike U.S. environmental legislation, which governs different environmental media and was instituted through various congressional Acts, 1 the current Mexican environmental legislation, implemented in 1988, covers the principal environmental media in one law. 2 This one law contains most of the implementation and enforcement mechanisms including the regulation of hazardous substances. There has been much debate and concern on both sides of the United States-Mexican border regarding Mexico's ability to strictly enforce its hazardous substance regulations. Furthermore, the North American Free Trade Agreement, which established an international Commission on Environmental Quality, will influence future use of trade laws to …