Law Commons^™

Intellectual Property Protection: A United States Priority, Richard A. Morford

Georgia Journal of International & Comparative Law

No abstract provided.

Maritime Piracy And Armed Robbery Confrontations Across The Globe: Can Crew Action Shape The Outcomes?, Justin Stewart Lewis

UNLV Theses, Dissertations, Professional Papers, and Capstones

Abstract

The recent tightening of military budget constraints has called into question the feasibility of costly multilateral naval intervention used to combat maritime piracy off the eastern coast of Africa. Though past studies agree that the transformation of the Somali economy and government is crucial for a long-term solution to piracy in this part of the world, short to medium-run solutions are needed to bridge the gap. Such solutions should be fiscally sensible and serve as effective deterrents, as well as be applicable in addressing the problem of piracy and maritime armed robbery in other parts of the globe.

In …

Still Dissatisfied After All These Years: Intellectual Property, Post-Wto China, And The Avoidable Cycle Of Futility, Peter K. Yu

Georgia Journal of International & Comparative Law

No abstract provided.

On The Effectiveness Of Private Security Guards On Board Merchant Ships Off The Coast Of Somalia -- Where Is The Piracy? What Are The Legal Ramifications?, Barry H. Dubner, Claudia Pastorius

Faculty Scholarship

No abstract provided.

In Personam And Beyond The Grasp: In Search Of Jurisdiction And Accountability For Foreign Defendants, Andrew F. Popper

Catholic University Law Review

No abstract provided.

Technology Drives The Law: A Foreword To Trends And Issues In Techology & The Law, Ralph D. Clifford

University of Massachusetts Law Review

Technology has always been a motivating force of change in the law. The creation of new machines and development of novel methods of achieving goals force the law to adapt with new and responsive rules. This is particularly true whenever a new technology transforms society. Whether it is increasing industrialization or computerization, pre-existing legal concepts rarely survive the transition unaltered - new prescriptions are announced while old ones disappear.

Canada V. United States Of America, Chios Carmody

Canada-United States Law Journal

The article focuses on the legal issues related to the 2014 Niagara Problem provided to judges in Niagara Moot Court Competition. Topics discussed include right to protect from terrorism by freezing the sale of a yacht where the proceeds were intended to pay a ransom to pirates, obligation exists under international law to recognize same-sex marriage and customary international law.

The Enemies Of All Humankind: The Fourth Circuit's Application Of Universal Jurisdiction In United States V. Shibin, Alicia A. Olive

South Carolina Journal of International Law and Business

No abstract provided.

Manro V. Almeida: Piracy, Maritime Torts, And Attachment In Rem, Stephanie Owen

Legal History Publications

In 1820, Captain Joseph Almeida, on the Bolivar and under South American colors, pursued and captured the Spanish ship Santiago off the coast of the Chesapeake Bay. On board was $5000 in specie owned by a small group of Baltimore merchants. The Baltimore merchants brought a libel against Captain Almeida and requested an attachment in rem to force Captain Almeida to answer for the maritime tort. Although the attachment initially issued, the lower court restored Captain Almeida’s goods. In 1825, the United States Supreme Court ruled that attachment in rem was a proper remedy for a maritime tort.

Piracy In Southeast Asia: An Overview Of International And Regional Efforts, Ahmad Amri

Faculty of Law, Humanities and the Arts - Papers (Archive)

One of the main maritime security threats in Southeast Asia is Piracy. While piracy has been a perennial problem, this threat has received increasing attention in the region over the past few years. Reports published by the International Maritime Organization (IMO) as well as the International Maritime Bureau show an alarming number of piratical acts in Southeast Asian waters over the past decade. Southeast Asia had the second highest number of piracy attacks in the world from 2008–2012. Only the African Region transcended Southeast Asia in the number of attacks. This is concerning because the geographical location of the region …

Southeast Asia's Maritime Piracy: Challenges, Legal Instruments And A Way Forward, Ahmad Amri

Faculty of Law, Humanities and the Arts - Papers (Archive)

Piracy is considered a critical maritime security threat in Southeast Asia. Whilst piracy has always been a perennial problem in the region, this threat has received increasing attention over the past few years. Reports published by the International Maritime Organization as well as the International Maritime Bureau show an alarming increase in acts of piracy on Southeast Asian waters over the past decade. In ancient times, the main drivers of piracy were raiding for plunder and capture of slaves; however, in modern times, developments in politics, economics and even military technology have drastically altered the universal crime of piracy. There …

Child Pirates: Rehabilitation, Reintegration, And Accountability, Mark A. Drumbl

Case Western Reserve Journal of International Law

No abstract provided.

On The Ninth Circuit's New Definition Of Piracy: Japanese Whalers V. The Sea Shepherd-Who Are The Real "Pirates" (I.E. Plunderers)?, Barry H. Dubner, Claudia Pastorius

Faculty Scholarship

No abstract provided.

Blackwater's New Battlefield: Toward A Regulatory Regime In The United States For Privately Armed Contractors Operating At Sea, Sean P. Mahard

Vanderbilt Journal of Transnational Law

Piracy has reemerged with a vengeance in the twenty-first century. Although it is confined primarily to the horn of Africa, piracy poses a significant problem to commercial shipping companies that need to traverse the Gulf of Aden for business. In response to modern-day piracy, shipowners have begun to employ privately armed contractors for protection. Countries and international organizations have recently developed regulations to address this growth in private maritime security. This Note analyzes both international and domestic regulatory regimes for privately armed contractors with a specific focus on the United States and Norway. This Note concludes that current U.S. regulations …

Two Myths About The Alien Tort Statute, Bradford R. Clark, Anthony J. Bellia Jr.

GW Law Faculty Publications & Other Works

In Kiobel v. Royal Dutch Petroleum Co., the Supreme Court applied the presumption against extraterritorial application of U.S. law to hold that the Alien Tort Statute (ATS) did not encompass a claim between aliens for misconduct that occurred in another nation. Without much elaboration, the Court stated that the ATS only encompasses claims that “touch and concern the territory of the United States...with sufficient force to displace the presumption.” As it did in Sosa v. Alvarez-Machain, the Kiobel Court purported to rest its decision on the original public meaning of the ATS when enacted in 1789. The Court, however, misperceived …

Current Trends In Global Piracy: Can Somalia's Successes Help Combat Piracy In The Gulf Of Guinea And Elsewhere?, Sandra L. Hodgkinson

Case Western Reserve Journal of International Law

No abstract provided.

The Pre-History Of Piracy As A Crime & Its Definitional Odyssey, Michael J. Kelly

Case Western Reserve Journal of International Law

No abstract provided.

Assessing Current Trends And Efforts To Combat Piracy: A Case Study On Kenya, Rosemelle Mutoka Hon.

Case Western Reserve Journal of International Law

No abstract provided.

Global Conventions On Maritime Crimes Involving Piratical Acts, J. Ashley Roach Capt.

Case Western Reserve Journal of International Law

No abstract provided.

Maritime Piracy: A Sustainable Global Solution, Paul R. Williams, Lowry Pressly

Case Western Reserve Journal of International Law

No abstract provided.

New Thinking In The Fight Against Marine Piracy: Financing And Plunder Pre-Empting Piracy Before Prevention Becomes Necessary, Hugh R. Williamson

Case Western Reserve Journal of International Law

No abstract provided.

Perspectives On The Growing Trend Of Child Piracy, Romeo Dallaire Lt. Gen.

Case Western Reserve Journal of International Law

No abstract provided.

Moving From Crisis Management To A Sustainable Solution For Somali Piracy: Selected Initiatives And The Role Of International Law, Ved P. Nanda, Jonathan Bellish

Case Western Reserve Journal of International Law

No abstract provided.

Book Review Of The Law And Practice Of Piracy At Sea: European And International Perspectives, Chris Rahman

Chris Rahman

No abstract provided.