Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Fordham Law School (70)
- American University Washington College of Law (55)
- Nova Southeastern University (46)
- Maurer School of Law: Indiana University (37)
- UC Law SF (37)
-
- University of Miami Law School (23)
- Case Western Reserve University School of Law (22)
- Northwestern Pritzker School of Law (19)
- Florida State University College of Law (18)
- University of Georgia School of Law (17)
- University of New Mexico (16)
- Vanderbilt University Law School (13)
- Penn State Law (12)
- University of the Pacific (11)
- University of Maryland Francis King Carey School of Law (9)
- University of Michigan Law School (9)
- Maurice A. Deane School of Law at Hofstra University (7)
- Selected Works (7)
- Columbia Law School (5)
- Golden Gate University School of Law (5)
- UIC School of Law (5)
- University at Buffalo School of Law (5)
- William & Mary Law School (5)
- Chicago-Kent College of Law (3)
- Touro University Jacob D. Fuchsberg Law Center (3)
- University of Baltimore Law (3)
- University of Connecticut (3)
- Washington and Lee University School of Law (3)
- Duke Law (2)
- The Catholic University of America, Columbus School of Law (2)
- Keyword
-
- International Law (52)
- International law (31)
- Human rights (26)
- United Nations (10)
- Treaties (8)
-
- Constitutional Law (7)
- Foreign Corrupt Practices Act (7)
- Latino critical theory (7)
- European Union (6)
- GATT (6)
- United States (6)
- WTO (6)
- Constitutionalism (5)
- Hong Kong (5)
- Human Rights Law (5)
- Securities Law (5)
- Comparative law (4)
- Developing countries (4)
- Genocide (4)
- International environmental law (4)
- Public Health (4)
- Bosnia (3)
- Constitutional law (3)
- Critical race theory (3)
- Economic sanctions (3)
- Food drug & cosmetic law & legislation (3)
- France (3)
- General Agreement on Tariffs and Trade (3)
- Globalization (3)
- Helms-Burton Act (3)
- Publication
-
- Fordham International Law Journal (70)
- ILSA Journal of International & Comparative Law (46)
- UC Law SF International Law Review (32)
- Indiana Journal of Global Legal Studies (31)
- American University International Law Review (25)
-
- Northwestern Journal of International Law & Business (19)
- Florida State University Journal of Transnational Law & Policy (18)
- Human Rights Brief (18)
- LLM Theses and Essays (16)
- United States - Mexico Law Journal (1993-2005) (16)
- University of Miami Inter-American Law Review (16)
- Faculty Scholarship (14)
- Case Western Reserve Journal of International Law (13)
- Faculty Publications (13)
- Vanderbilt Journal of Transnational Law (13)
- Penn State International Law Review (12)
- Global Business & Development Law Journal (10)
- Maryland Journal of International Law (8)
- Articles in Law Reviews & Other Academic Journals (7)
- Hofstra Law & Policy Symposium (7)
- Publications (7)
- All Faculty Scholarship (6)
- Articles (6)
- Michigan Journal of International Law (6)
- University of Miami International and Comparative Law Review (5)
- Scholarly Works (4)
- American University Law Review (3)
- Articles by Maurer Faculty (3)
- Faculty Articles and Papers (3)
- Journal Articles (3)
- Publication Type
Articles 481 - 497 of 497
Full-Text Articles in Law
The Creation Of South Africa's Constitution: Introduction, Stephen J. Ellmann
The Creation Of South Africa's Constitution: Introduction, Stephen J. Ellmann
Articles & Chapters
No abstract provided.
Provisional Relief In Transnational Litigation, George A. Bermann
Provisional Relief In Transnational Litigation, George A. Bermann
Faculty Scholarship
In this article, Professor Bermann identifies and analyzes the principal problems raised by the rapidly growing phenomenon of transnational provisional relief National courts are facing serious challenges in organizing such interventions, but as yet lack a sufficiently comprehensive framework of analysis. The author begins with the clarifying distinction that provisional relief may be transnational either because of its significant effects abroad or because it lends support to protective measures ordered by foreign courts, and draws on the experiences of U.S. and foreign courts in determining the costs of both granting and withholding provisional relief He concludes that, despite the very …
What Price Peace: From Nuremberg To Bosnia To The Nobel Peace Prize, Malvina Halberstam
What Price Peace: From Nuremberg To Bosnia To The Nobel Peace Prize, Malvina Halberstam
Articles
No abstract provided.
Asteroids And Comets: U.S. And International Law And The Lowest-Probability, Highest Consequence Risk, Michael B. Gerrard, Anna W. Barber
Asteroids And Comets: U.S. And International Law And The Lowest-Probability, Highest Consequence Risk, Michael B. Gerrard, Anna W. Barber
Faculty Scholarship
Asteroids and comets pose unique policy problems. They are the ultimate example of a low probability, high consequence event: no one in recorded human history is confirmed to have ever died from an asteroid or a comet, but the odds are that at some time in the next several centuries (and conceivably next year) an asteroid or a comet will cause mass localized destruction and that at some time in the coming half million years (and conceivably next year), an asteroid or a comet will kill several billion people. The sudden extinction of the dinosaurs, and most other species 65 …
Making International Refugee Law Relevant Again: A Proposal For Collectivized And Solution-Oriented Protection, James C. Hathaway, R. Alexander Neve
Making International Refugee Law Relevant Again: A Proposal For Collectivized And Solution-Oriented Protection, James C. Hathaway, R. Alexander Neve
Articles
International refugee law is in crisis. Even as armed conflict and human rights abuse continue to force individuals and groups to flee their home countries, many governments are withdrawing from the legal duty to provide refugees with the protection they require. While governments proclaim a willingness to assist refugees as a matter of political discretion or humanitarian goodwill, they appear committed to a pattern of defensive strategies designed to avoid international legal responsibility toward involuntary migrants. Some see this shift away from a legal paradigm of refugee protection as a source for enhanced operational flexibility in the face of changed …
Regulating The Use Of Force In The 21st Century: The Continuing Importance Of State Autonomy, Mary Ellen O'Connell
Regulating The Use Of Force In The 21st Century: The Continuing Importance Of State Autonomy, Mary Ellen O'Connell
Journal Articles
The most important, and certainly the most ambitious, modification of international law in this century has been the outlawing of the use of force to settle international disputes. The definitive prohibition on the use of force came with the adoption of the United Nations Charter and, in particular, Charter article 2(4).
For a short while, from 1991 until 1994, it appeared that a majority of Security Council members had re-interpreted the Charter's order of priorities. To some, it seemed that the Council had placed such values as human rights, self-determination, and even democracy above the value of peace through respect …
A Critique Of The Yugoslavia War Crimes Tribunal In Report Of The International Law Association On An International Criminal Court, Michael P. Scharf
A Critique Of The Yugoslavia War Crimes Tribunal In Report Of The International Law Association On An International Criminal Court, Michael P. Scharf
Faculty Publications
It is ironic that history has not been altogether kind to the Nuremberg Tribunal, labeling it "victor's justice," denouncing its application of ex post facto law, and rebuking its procedural shortcomings. Fifty years later, the world community has created another war crimes tribunal - the International Criminal Tribunal for the Former Yugoslavia. In its first annual report, this new Tribunal stated that "one can discern in the statute and the rules a conscious effort to avoid some of the often-mentioned flaws of Nuremberg and Tokyo." Because it will serve as the model for future ad hoc tribunals and a permanent …
Swapping Amnesty For Peace: Was There A Duty To Prosecute International Crimes In Haiti?, Michael P. Scharf
Swapping Amnesty For Peace: Was There A Duty To Prosecute International Crimes In Haiti?, Michael P. Scharf
Faculty Publications
By examining the political realities of the Haiti situation and the applicable provisions of treaty and customary law, this Article seeks to assess whether the Haitian amnesty did indeed achieve "a proper mix." To this end, the Article begins with a description of the abuses reportedly committed by Haiti's military regime and the international community's attempts to restore the democratically-elected govemment to power. Next, it explores the policy arguments for and against amnesty as applied to the Haitian situation and analyzes the scope of both the Haitian amnesty law and President Aristide's amnesty decree. This section is followed by a …
The "Original Intent" Of U.S. International Taxation, Michael J. Graetz, Michael M. O'Hear
The "Original Intent" Of U.S. International Taxation, Michael J. Graetz, Michael M. O'Hear
Faculty Scholarship
The Sixteenth Amendment took effect on February 25, 1913, permitting Congress to tax income "from whatever source derived," and on October 3rd of that year, Congress approved a tax on the net income of individuals and corporations. The United States regime for taxing international income took shape soon thereafter, during the decade 1919-1928. In the Revenue Act of 1918, the United States enacted, for the first time anywhere in the world, a credit against U.S. income for taxes paid by a U.S. citizen or resident to any foreign government on income earned outside the United States. The Revenue Act of …
International Aspects Of Fundamental Tax Reconstructing: Practice Or Principle, Michael J. Graetz
International Aspects Of Fundamental Tax Reconstructing: Practice Or Principle, Michael J. Graetz
Faculty Scholarship
The globalization of economic activity, including the expansion of international trade, the amazing ability of international capital markets to transfer capital rapidly across borders, and the movement in Europe toward greater economic unification, have made it more difficult for nations independently to fashion tax laws that properly balance their own equity, economic efficiency and simplicity goals. This is what makes this conference to analyze the international aspects of recent proposals to replace the federal income tax with some form of consumption tax, with particular emphasis on the Nunn-Domenici "USA" tax and the Armey-Shelby flat tax ("flat tax"), so important. As …
Space Law: Legal Restraints On The Commercialization And Development Of Outer Space, Ty Twibell
Space Law: Legal Restraints On The Commercialization And Development Of Outer Space, Ty Twibell
Ty Twibell
Implementation Of The United Nations Convention On Contracts For The International Sale Of Goods (Cisg) Under Shari’A (Islamic Law): Will Article 78 Of The Cisg Be Enforced When The Forum Is An Islamic State?, Ty Twibell
Ty Twibell
Circumnavigating International Space Law, Ty Twibell
Circumnavigating International Space Law, Ty Twibell
Ty Twibell
Surrounding The Hole In The Doughnut: Discretion And Deference In U.S. Immigration Law, Daniel Kanstroom
Surrounding The Hole In The Doughnut: Discretion And Deference In U.S. Immigration Law, Daniel Kanstroom
Daniel Kanstroom
No abstract provided.
International Trade Agreements: Vehicles For Regulatory Reform?, David A. Wirth
International Trade Agreements: Vehicles For Regulatory Reform?, David A. Wirth
David A. Wirth
No abstract provided.
General Principles Of Law, 'Soft Law' And The Identification Of International Law, Olufemi Elias, Chin Leng Lim
General Principles Of Law, 'Soft Law' And The Identification Of International Law, Olufemi Elias, Chin Leng Lim
Chin Leng Lim
Treaties and custom are generally regarded as the major sources of international law. They derive their validity more or less directly from the consent of those subjects of the law which also possess the institutional authority to make law. The perceived limitations of the consensual nature of these two sources have resulted in doctrinal controversy concerning, inter alia, the existence of sources of international law which are not essentially consensual. This is the rationale for the inclusion of general principles of law recognised by civilised nations alongside treaties and customary international law in Article 38 of the Statute of the …
The Remoteness That Betrays Desire, Kenneth Anderson