Law Commons^™

International Human Rights And Domestic Law Focusing On U.S. Law, With Some Reference To Israeli Law, Malvina Halberstam

Cardozo Journal of International and Comparative Law

The article, written by Malvina Halberstam, reflects on the 50th anniversaries of the Universal Declaration of Human Rights (UDHR) and the Israeli Supreme Court. It highlights the significance of the UDHR in establishing individual rights within international law and compares the protection of these rights in U.S. and Israeli domestic laws. While the U.S. Constitution provides robust protection for many UDHR rights, the article critiques the U.S. for its slow ratification of human rights treaties and the practice of adding reservations, particularly the declaration of treaties as non-self-executing. It also addresses concerns about restrictions on freedom of expression in Israel, …

Luncheon Address, Miguel Schloss

Cornell International Law Journal

No abstract provided.

The Foreign Corrupt Practices Act And Progeny: Morally Unassailable, Bill Shaw

Cornell International Law Journal

No abstract provided.

The Myth Of Anti-Bribery As Transnational Intrusion, Philip M. Nicholas

Cornell International Law Journal

No abstract provided.

A Delicate Balance: Legislation, Institutional Change, And Transnational Bribery, Steven R. Salbu

Cornell International Law Journal

No abstract provided.

Finding A Conflicts Issue In International Copyright Litigation: Did The Second Circuit Misinterpret The Berne Convention In Itar-Tass?, David E. Miller

Cardozo Journal of International and Comparative Law

The article critiques the U.S. Court of Appeals for the Second Circuit's decision in Itar-Tass Russian News Agency v. Russian Kurier, Inc., arguing that the court misinterpreted the Berne Convention by creating a conflicts issue where none existed. The court's novel approach of applying Russian law to determine copyright ownership and U.S. law for infringement contradicts the principle of national treatment, which traditionally requires the law of the forum country to govern both issues. This decision, based on weak legal reasoning, ignored historical context, scholarly consensus, and relevant precedents, potentially leading to complications in international copyright litigation.

Harmonic Convergence? Constitutional Criminal Procedure In An International Context, Diane Marie Amann

Scholarly Works

Throughout the world, a trend toward a shared - a constitutional - criminal procedure may be detected. It is evident in common-law, civil-law, and mixed systems: individual states like China adopt laws promising once-alien concepts like a presumption of innocence, even as supranational bodies like the International Tribunal for the former Yugoslavia debate how to adapt certain norms to a hybrid structure. Some have suggested that such developments may herald a harmonic convergence of criminal procedure rules. This Article examines the likelihood of such a convergence. It establishes as a keynote around which harmony may develop the model of constitutional …

An Exploratory Study Of Domestic Violence Attitudes Among Virginia Magistrates, Elaine M. Phillips

Sociology & Criminal Justice Theses & Dissertations

Currently, 43 states utilize magistrates in the criminal justice response to domestic violence. In Virginia, magistrates have the power to grant emergency protective orders and arrest warrants in domestic violence cases. In 1996, Virginia instituted a new mandatory arrest law. This study explores magistrates' attitudes toward the new law. It also examines their attitudes toward victims and offenders involved in domestic violence cases. The study utilizes data from Crossland's 1998 survey of Virginia magistrates (n=239). Hypotheses based on conflict theory and feminist theory lead to hypotheses that predict that magistrates' attitudes will vary depending on the race, educational level and …

A Legal And Psychological Critique Of The Present Approach To The Assessment Of The Competence Of Child Witnesses, Nicholas Bala, Kang Lee, Rod Lindsay, Victoria Talwar

Osgoode Hall Law Journal

The Canada Evidence Act requires an inquiry to determine whether a child has the requisite moral and intellectual capacity to testify. Caselaw suggests that a child must demonstrate an understanding of abstract concepts like "truth" and "promise" to be competent to testify. This article reports on a survey of Ontario justice system professionals, revealing significant variation in how judges conduct competency inquiries. Children are often asked about religious beliefs and practices, and are frequently asked developmentally inappropriate questions. The authors also report on their experimental research which indicates that children's ability to explain such abstract concepts as "truth," "lie," and …

Poor Canadian Legal Education: So Near To Wall Street, So Far From God, Harry W. Arthurs

Osgoode Hall Law Journal

The recent appearance of recruiters from Wall Street firms at several Canadian law schools, and the recent hiring by American law schools of several mid-career Canadian law professors, has created a "moral panic" as journalists, academics and law firms have expressed great concern over the loss of Canada's "best and brightest" to the United States. Properly understood as part of a larger debate about globalization and regional economic integration, these developments are less important in themselves than for what they reveal about the present and future of the Canadian state, and the Canadian business community, legal profession and universities.

Community Building In Ethically Restructured States: The Baltics, Dovile Budryte

Graduate Program in International Studies Theses & Dissertations

Drawing on democratic theory, this dissertation explores a thesis that the experience of ethnic restructuring significantly effects the ability of a democratizing state to successfully consolidate its emerging democracy. Ethnically restructured states, it is hypothesized, have an especially hard time creating inclusive democratic political communities, which is a necessary prerequisite for a consolidated democracy.

To test the thesis, the comparative case study method is applied to the ethnically restructured states of Latvia, Lithuania, and Estonia. The goal of the case studies is to examine the approaches that the Baltic states used to reduce polarization. The historical background to the case …

Brief Reflections On The Enterprise, Patricia D. White

Articles

No abstract provided.

Labor Markets, Rationality, And Workers With Disabilities, Michael Ashley Stein

Faculty Publications

No abstract provided.

Farewell To The Quick Look: Redefining The Scope And Content Of The Rule Of Reason, Alan J. Meese

Faculty Publications

No abstract provided.

Victimless Crime: A Comparison Of Public Offense Ratings Of Misdemeanor Offenses And Virginia Sentencing Guidelines, Theresa M. Dutton

Sociology & Criminal Justice Theses & Dissertations

This study was designed to explore the hypothesized gap between what state guidelines on criminal sanctioning recommend for misdemeanor offenses, and what the public perceives· as just punishment for these offenses. The research also addresses the issue of victimless crime. In this regard it was additionally hypothesized that there exists a significant difference in public opinion towards sentencing those crimes that specifically do not have a victim, with those that do.

The design of this study is based on one conducted by Peter Rossi and Richard Berk (Rossi and Berk 1997). For this study, a sample of students attending college …

The Evolution Of An International Water Resources Management Regime In The Mekong River Basin, Greg Browder, Leonard Ortolano

Natural Resources Journal

No abstract provided.

Introduction To Workshop On Emerging Issues In Mergers & Acquisitions And Tribute To Joseph Flom, Samuel Thompson Jr.

University of Miami Law Review

No abstract provided.

Ethics Issues Faced By Lawyers And Investment Bankers In Mergers And Acquisitions: A Problem Approach And Report Of Panel Discussion, Barry S. Alberts Esq., Samuel Thompson Jr.

University of Miami Law Review

No abstract provided.

The First International Merger Wave (And The Fifth And Last U.S. Wave), Bernard S. Black

University of Miami Law Review

No abstract provided.

Professor Coates Is Right. Now Please Study Stockholder Voting, R. Franklin Balotti, J. Travis Laster

University of Miami Law Review

No abstract provided.

Poison Pills And The European Case, Jeffrey N. Gordon

University of Miami Law Review

No abstract provided.

Comments On Contestability, Jack B. Jacobs

University of Miami Law Review

No abstract provided.

Abdication By Another Name: An Ode To Lou Fisher, Neal Devins

Faculty Publications

No abstract provided.

On Casebooks And Canons Or Why Bob Jones University Will Never Be Part Of The Constitutional Law Canon, Neal Devins

Faculty Publications

No abstract provided.

Entering The 21st Century: Competition Policy In The World Of B2b Electronic Marketplaces, Jonathan Baker

Presentations

B2Bs are business-to-business electronic marketplaces that use the Internet to electronically connect businesses to each other. They have been characterized as the new business development most likely to transform how business is conducted in the twenty-first century. Largely unheard of only a few years ago, B2Bs are now estimated to handle billions of dollars in purchases, and although it is difficult to gauge the reliability of such predictions, some estimate that the volume of commerce transacted through B2Bs will reach into the trillions of dollars over the next five years. Given the importance of this new business development, the Federal …

June. 26. 2000, Cao, Information Dissemination And Communications Strategy, Dft (Annotated C.Saladin), Cao

CAO General 1999-Present

No abstract provided.

A Future Of Human And Civil Rights In Zimbabwe: Ideology And Outcome Research, Ibpp Editor

International Bulletin of Political Psychology

This article describes two common approaches to achieving human and civil rights and what may be needed to select among these and other approaches.

Trends. The Double Edged Sword Of Transparency In Criminal And Civil Law: The Case Of Euthanasia, Ibpp Editor

International Bulletin of Political Psychology

This article discusses the decriminalization of euthanasia in The Netherlands, and the issue of transparency.

Smart Growth: Community Planning Requires Protecting Open Space, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Smart growth involves two main principles, creating incentives to increase compact development in some areas, and in turn, preserving open space in other areas. The New York legislature has imparted municipal governments with general authority to regulate land and preserve open space. In turn, several tools have developed which are at the disposal of municipal governments including, overlay zoning, floating zones, cluster development and state laws such as the New York State Environmental Quality Review Act (SEQRA). The use of these tools, along with proper training for state and local officials on the subject of smart growth, will render open …

Publish Or Perish: The Paradox, Philip F. Postlewaite

Journal of Legal Education

No abstract provided.