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Articles 1 - 30 of 107
Full-Text Articles in Law
Property Law: 1998 Survey Of Florida Law, Ronald B. Brown, Joseph M. Grohman
Property Law: 1998 Survey Of Florida Law, Ronald B. Brown, Joseph M. Grohman
Faculty Scholarship
No abstract provided.
Nova Law Journal-Volume 23-1998-1999, Jeffrey L. Cox, Susan D. Pesel, Cynthia C. Spall, Grace F. Solomon, Amanda C. Blackman, Kristina M. Candido, Tonja B. Haddad, Jason R. Himschoot, Samuel J. Kohrs, Richard A. Asselta, Samantha Fitzgerald, Rodney P. Rawls, Dori K. Stibolt, Candice D. Tobin
Nova Law Journal-Volume 23-1998-1999, Jeffrey L. Cox, Susan D. Pesel, Cynthia C. Spall, Grace F. Solomon, Amanda C. Blackman, Kristina M. Candido, Tonja B. Haddad, Jason R. Himschoot, Samuel J. Kohrs, Richard A. Asselta, Samantha Fitzgerald, Rodney P. Rawls, Dori K. Stibolt, Candice D. Tobin
Law Review Mastheads
No abstract provided.
Ilsa Journal Of International And Comparative Law-Volume 5-1998-1999, Marguerite Mogul Cruz, Idalis Perez, Alex Fontaine, Adam Rabinowitz, Elizabeth Woods, John Whittles, Andrew Price, Roderick Chavez, Jeffrey Gad, Matthew Pingeton, Marc Zee
Ilsa Journal Of International And Comparative Law-Volume 5-1998-1999, Marguerite Mogul Cruz, Idalis Perez, Alex Fontaine, Adam Rabinowitz, Elizabeth Woods, John Whittles, Andrew Price, Roderick Chavez, Jeffrey Gad, Matthew Pingeton, Marc Zee
ILSA Journal Mastheads
No abstract provided.
The Martin E. Feinrider Summer Scholarship For International Human Rights 1998, Nova Southeastern University
The Martin E. Feinrider Summer Scholarship For International Human Rights 1998, Nova Southeastern University
Shepard Broad College of Law Course Catalogs
No abstract provided.
Napil Fellowships 1998-1999, Nova Southeastern University
Napil Fellowships 1998-1999, Nova Southeastern University
Shepard Broad College of Law Course Catalogs
No abstract provided.
Campaign Finance: The Impact On The Legislative And Regulatory Process, John B. Anderson
Campaign Finance: The Impact On The Legislative And Regulatory Process, John B. Anderson
Faculty Scholarship
During a Senate campaign more than four decades ago, revelations of a $5,000 contribution offer to Senator Karl Mundt of South Dakota precipitated a Senate investigation. At that time, Congress was considering legislation dealing with the regulation of natural gas. The discovery of the contribution offer ignited such a furor that it prompted President Eisenhower to declare he would veto any bill relating to natural gas regulation enacted under a cloud of suspicion. He carried out his threat, and it was another decade before Congress finally enacted legislation deregulating natural gas at the wellhead. Since that time, as the costs …
Nova Southeastern Law 98 Fall, Nova Southeaster
Nova Southeastern Law 98 Fall, Nova Southeaster
Shepard Broad College of Law Course Catalogs
No abstract provided.
Peace And Democracy: The Link And The Policy Implications, Valerie Epps
Peace And Democracy: The Link And The Policy Implications, Valerie Epps
ILSA Journal of International & Comparative Law
The United Nations Charter prohibits "the threat or use of force against the territorial integrity or political independence of any state."' This is the great peace principle of international law, described by Professor Thomas Franck as "the apex of the global normative system...
Copyright Protection For Software, Ralph Oman
Copyright Protection For Software, Ralph Oman
ILSA Journal of International & Comparative Law
The United States blazed the trail in giving copyright protection for software. Until just recently, many other countries favored sui generis protection for software, but that argument was finally settled in GATT/TRIPs and last December's World Intellectual Property Organization Copyright Treaty.
The Rule Of Law Initiative At The United States Institute Of Peace, Charles Duryea Smith
The Rule Of Law Initiative At The United States Institute Of Peace, Charles Duryea Smith
ILSA Journal of International & Comparative Law
Thank you so much, Valerie, for the invitation to join you today. I have chosen what I think is an important part of the larger subject of Peace and Democracy: The Link and the Policy Implications; it is the rule of law.
Can A State Commit A Crime? Definitely, Yes!, Alain Pellet
Can A State Commit A Crime? Definitely, Yes!, Alain Pellet
ILSA Journal of International & Comparative Law
As is well known, the International Law Commission (ILC) decided in 1976 to include an article in its Draft Articles on State Responsibility that makes a distinction between normal international wrongful acts, which it called delicts, on the one hand, and exceptionally grave breaches of international law which it called international crimes, on the other hand.
Time To Try Mediation Of International Commercial Disputes, Harold L. Abramson
Time To Try Mediation Of International Commercial Disputes, Harold L. Abramson
ILSA Journal of International & Comparative Law
How many attorneys in the audience have ever participated in a domestic mediation? I see the hands of about four out of about a hundred people in attendance. How many attorneys in the audience have ever participated in an international mediation? I see two people raising their hands. This is a larger percentage of people than I had anticipated! (laughter)
Mediation In International Commercial Arbitration: Some Practical Aspects, David W. Plant
Mediation In International Commercial Arbitration: Some Practical Aspects, David W. Plant
ILSA Journal of International & Comparative Law
In international commercial arbitration, some disputes cry out for informal resolution by the parties themselves. In assessing their response, parties, arbitrators and arbital institutions must have in mind fundamental, practical and ethical considerations. This paper addresses some of the practical and provocative issues raised in these circumstances.
Establishment Of An International Criminal Court, Steven J. Gerber
Establishment Of An International Criminal Court, Steven J. Gerber
ILSA Journal of International & Comparative Law
It cannot be overemphasized how historic the negotiations to establish a permanent International Criminal Court (ICC) have been. Over 120 states have participated in the process and not one of them questions the need for a permanent ICC to try individuals accused of the most serious international crimes of genocide, crimes against humanity or serious violations of the laws and customs of war (war crimes).
Truth And Reconciliation Commissions, Angelika Schlunck
Truth And Reconciliation Commissions, Angelika Schlunck
ILSA Journal of International & Comparative Law
Truth and reconciliation commissions have played a critical role in a number of countries that had to come to terms with a past marked by protracted conflict, civil strife, violence, and massive human rights abuse. The most widely known example is the Truth and Reconciliation Commission established in 1995 in South Africa to examine Apartheid-Era crimes.
Lost In Paradise: Lobbying Strategies For Public International Law Issues, Bruce Zagaris
Lost In Paradise: Lobbying Strategies For Public International Law Issues, Bruce Zagaris
ILSA Journal of International & Comparative Law
Increasingly in an interconnected world, Americans and people throughout the world are encountering situations in which their human rights are abused abroad. People are traveling to exotic parts of the world that have not experienced the extent of foreign penetration. Simultaneously, the enormous gaps between wealthy and impoverished
Software Protection: Copyrights, Patents, Trade Secrets And/Or Sui Generis, Karl F. Jorda
Software Protection: Copyrights, Patents, Trade Secrets And/Or Sui Generis, Karl F. Jorda
ILSA Journal of International & Comparative Law
What is the best form of protection for software has been and still is a most unsettled and vexing - and hence very topical - issue in intellectual property (IP) law and practice.
Asset Forfeiture: Home And Abroad, Steven L. Kessler
Asset Forfeiture: Home And Abroad, Steven L. Kessler
ILSA Journal of International & Comparative Law
Good intention will always be pleaded for every assumption of power.... [T]he Constitution was made to guard the people against the dangers of good intentions. There are men in all ages who mean to govern well, but they mean to govern. They promise to be good masters, but they mean to be masters. -Daniel Webster
Facilitating Accountability: The Potential Value Of International Guidelines Against Impunity, Madeline Morris
Facilitating Accountability: The Potential Value Of International Guidelines Against Impunity, Madeline Morris
ILSA Journal of International & Comparative Law
We strive to overcome impunity for international crimes such as genocide, war crimes, and crimes against humanity. Our reasons may include a vision of justice and perhaps a hope for deterrence.
Foreign Corrupt Practices Act: Compliance Issues From A German And European Perspective, Andreas G. Junius
Foreign Corrupt Practices Act: Compliance Issues From A German And European Perspective, Andreas G. Junius
ILSA Journal of International & Comparative Law
Corruption has become a major topic of almost daily attention within the media. It has been of varying degrees of concern in different countries. Historic and cultural differences play a role. In some Asian or Arab cultures, for instance, the bakshish mentality is a way of life and is socially accepted.
The Facilitation Of National And International Accountability Mechanisms: The Creation Of The International Legal Assistance Consortium (Iliac), Mark S. Ellis
ILSA Journal of International & Comparative Law
In early 1997, Professor M. Cherif Bassiouni' assembled a group of individuals to discuss the creation of a set of guiding principles for combatting impunity for international crimes. The group included myself, Professor Michael Scharf,2 Professor Paul Williams,3 and Professor Madeline Morris.
Section 1782 Of Title 28 (U.S. Code): Is There A Discoverability Requirement?, Gregory F. Hauser
Section 1782 Of Title 28 (U.S. Code): Is There A Discoverability Requirement?, Gregory F. Hauser
ILSA Journal of International & Comparative Law
There is an excellent, thorough, and relatively recent discussion of the issue in a student note by Peter Metis.' These remarks supplement and update that discussion.
Death Penalty Primer: Reviewing International Human Rights Development & The Aba Resolution For A Moratorium On Capital Punishment In Order To Inform Debates In U.S. State Legislatures, Dorean Marguerite Koenig
Death Penalty Primer: Reviewing International Human Rights Development & The Aba Resolution For A Moratorium On Capital Punishment In Order To Inform Debates In U.S. State Legislatures, Dorean Marguerite Koenig
ILSA Journal of International & Comparative Law
More than half of the world's nations have either abolished or no longer practice the death penalty. I In this coming year, the opportunity for a vast expansion in the number of nations which no longer adhere to the death penalty appears almost certain because of events which occurred in 1997, some of which are detailed here.
Jurisdiction And Evidence - An English Perspective, Steven Loble
Jurisdiction And Evidence - An English Perspective, Steven Loble
ILSA Journal of International & Comparative Law
The countries of Europe have entered into multilateral treaties to facilitate doing business in Europe. These treaties cover jurisdiction, enforcement of foreign judgments and choice of law. The individual states in the United States have analogous arrangements to facilitate doing business within the United States.
International Law And The Implementation Of The American Bar Association Resolution Regarding The American Bar Association Resolution Regarding The Death Penalty, Ved P. Nanda
ILSA Journal of International & Comparative Law
My assignment is to consider the emerging international norms and how they might affect implementation of the American Bar Association (ABA) resolution calling for a moratorium on the imposition and enforcement of the death penalty.'
Revive The Hague Evidence Convention, Andrew N. Vollmer
Revive The Hague Evidence Convention, Andrew N. Vollmer
ILSA Journal of International & Comparative Law
This article is about the Hague Evidence Convention' and the Supreme Court's decision in Aerospatiale.2 Because Of Aerospatiale, the Hague Evidence Convention is used only rarely for party discovery in United States litigation. That is unfortunate, and my purpose here is to suggest reasons and ways to revive use of the Convention. I will first discuss several aspects of the international discovery situation before Aerospatiale.
The Federal Common Law Of Universal, Obligatory, And Definable Human Rights Norms, Derek P. Jinks
The Federal Common Law Of Universal, Obligatory, And Definable Human Rights Norms, Derek P. Jinks
ILSA Journal of International & Comparative Law
International law is part of United States law. Indeed, international law - or the "law of nations" in eighteenth century parlance - has been considered part of United States law since the founding. The Judiciary Act of 1789, the enabling legislation of Article III, establishes federal court jurisdiction over torts committed in violation of the law of nations.
International Law And Abolition Of The Death Penalty: Recent Developments, William A. Schabas
International Law And Abolition Of The Death Penalty: Recent Developments, William A. Schabas
ILSA Journal of International & Comparative Law
As a goal for civilized nations, abolition of the death penalty was promoted during the drafting of the Universal Declaration of Human Rights' in 1948. It found, however, that expression was only implicit in the recognition of what international human rights law designated "the right to life;" the same approach was taken in the American Declaration of the Rights and Duties of Man, adopted May 4, 1948.
Strengthening The Philip C. Jessup International Law Moot Court Competition, Harry H. Almond Jr.
Strengthening The Philip C. Jessup International Law Moot Court Competition, Harry H. Almond Jr.
ILSA Journal of International & Comparative Law
The Jessup Competition has awakened perspectives about decision making in the students of international law. It has served in the legal education of countless students, and it has even served the promotion and perhaps the development of international law itself
Diplomatic Immunity: To Have Or Not To Have, That Is The Question, Mark S. Zaid
Diplomatic Immunity: To Have Or Not To Have, That Is The Question, Mark S. Zaid
ILSA Journal of International & Comparative Law
The question of whether diplomats should be fully immune from criminal prosecution, no matter what the alleged crime, is one that is neither new nor free from dispute. As a matter of international law and United States domestic law, the source of the immunity and the extent to which it extends is quite clear.