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Full-Text Articles in Law

Mind The Gap: Can Developers Of Autonomous Weapons Systems Be Liable For War Crimes?, Tim Mcfarland, Tim Mccormack Dec 2014

Mind The Gap: Can Developers Of Autonomous Weapons Systems Be Liable For War Crimes?, Tim Mcfarland, Tim Mccormack

International Law Studies

A recurrent response to the development of increasingly autonomous weapons systems involves questions of accountability for serious violations of the law of armed conflict. Opinion is divided across a spectrum ranging from claims of an accountability vacuum and consequent calls for a complete ban to assertions that the weapons will present no new challenges and that the existing legal framework is capable of adaptation to emerging technologies. This article focuses on the expanded role played by developers of autonomous weapons systems. It describes the novel contributions made by developers of these advanced systems that raise the potential for them to …


International Norms In Constitutional Law, Michael Wells Sep 2014

International Norms In Constitutional Law, Michael Wells

Georgia Journal of International & Comparative Law

No abstract provided.


Human Rights Obligations And Accountability In The Face Of Climate Change, Marc Limon Sep 2014

Human Rights Obligations And Accountability In The Face Of Climate Change, Marc Limon

Georgia Journal of International & Comparative Law

No abstract provided.


The Key Elements For Developing A Securities Market To Drive Economic Growth: A Roadmap For Emerging Markets, Ziven Scott Birdwell Sep 2014

The Key Elements For Developing A Securities Market To Drive Economic Growth: A Roadmap For Emerging Markets, Ziven Scott Birdwell

Georgia Journal of International & Comparative Law

No abstract provided.


Silence Is Golden...Except In Health Care Philanthropy, Stacey A. Tovino May 2014

Silence Is Golden...Except In Health Care Philanthropy, Stacey A. Tovino

University of Richmond Law Review

No abstract provided.


The Prosecutor Prince: Misconduct, Accountability, And A Modest Proposal, H. Mitchell Caldwell Apr 2014

The Prosecutor Prince: Misconduct, Accountability, And A Modest Proposal, H. Mitchell Caldwell

Catholic University Law Review

No abstract provided.


The Evolution Of Corporate Governance In Japan: The Continuing Relevance Of Berle And Means, Takaya Seki, Thomas Clarke Mar 2014

The Evolution Of Corporate Governance In Japan: The Continuing Relevance Of Berle And Means, Takaya Seki, Thomas Clarke

Seattle University Law Review

The evolution of corporate governance in Japan towards international standards continues, though at a gradual pace that often concerns outsiders. The substance of Japanese corporate governance is often questioned due to a lack of understanding of the unique elements of the Japanese institutional system. Japanese companies are under a sustained assault from overseas investors to introduce a greater number of independent directors on boards, improve accountability, and enhance transparency. The majority of Japanese companies have taken what they regard as significant steps in this direction of accountability. In Japan, however, there is a different conception of the role of the …


Judicial Independence And Social Welfare, Michael D. Gilbert Feb 2014

Judicial Independence And Social Welfare, Michael D. Gilbert

Michigan Law Review

Judicial independence is a cornerstone of American constitutionalism. It empowers judges to check the other branches of government and resolve cases impartially and in accordance with law. Yet independence comes with a hazard. Precisely because they are independent, judges can ignore law and pursue private agendas. For two centuries, scholars have debated those ideas and the underlying tradeoff: independence versus accountability. They have achieved little consensus, in part because independence raises difficult antecedent questions. We cannot decide how independent to make a judge until we agree on what a judge is supposed to do. That depends on one’s views about …


Demanding Accountability Where Accountability Is Due: A Functional Necessity Approach To Diplomatic Immunity Under The Vienna Convention, Nina M. Bergmar Jan 2014

Demanding Accountability Where Accountability Is Due: A Functional Necessity Approach To Diplomatic Immunity Under The Vienna Convention, Nina M. Bergmar

Vanderbilt Journal of Transnational Law

This Note addresses the inability of domestic workers to seek redress for exploitation by diplomat employers. In examining the legal quagmire facing these workers, this Note highlights a departure by courts from the functional necessity theory underlying the Vienna Convention. Courts now rely wholly on the U.S. State Department's interpretation of the scope of diplomatic immunity, communicated through "Statements of Interest." The significant deference given to such statements has had dire consequences for exploited victims. Under a functional necessity approach, domestic workers are able to demand redress, as exploitation is a private act--i.e., not in furtherance of the diplomatic mission--undertaken …