Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 15 of 15

Full-Text Articles in Law

Culture And Causality: Non-Western Systems Of Explanation, William M. O'Barr Oct 2001

Culture And Causality: Non-Western Systems Of Explanation, William M. O'Barr

Law and Contemporary Problems

The logic of some other systems of thought, explanation, and prediction are discussed, in order to find what can be learned about the sociocultural contexts and their functions in other cultures. The truths they may represent are about the human quest to understand causes and effects.


U.S. Export Controls On Technology Transfers, Matthew Crane Aug 2001

U.S. Export Controls On Technology Transfers, Matthew Crane

Duke Law & Technology Review

Companies selling technology products abroad must be careful that they have complied with regulations imposed on the exportation of technology products. This is especially true for companies seeking to export encryption technology. This iBrief explores the considerations that must be given to the export of encryption and other technologies.


International Liability In Cyberspace, Matthew Crane Jul 2001

International Liability In Cyberspace, Matthew Crane

Duke Law & Technology Review

Activities in cyberspace often expose companies to "cybertorts", a species of tort particularly difficult to reconcile with standard insurance policies. The author explores some of the difficulties in obtaining coverage for cybertorts from traditional insurance policies, and makes recommendations for companies to reduce their cyberspace liability exposure.


Offshore Offerings By Foreign Entities: How Far Will The Sec Reach To Regulate?, Melvina Carrick, Matthew Crane, Jennifer Hu Feb 2001

Offshore Offerings By Foreign Entities: How Far Will The Sec Reach To Regulate?, Melvina Carrick, Matthew Crane, Jennifer Hu

Duke Law & Technology Review

Many countries' regulatory regimes, including that of the United States, traditionally require registration of all investment services offers or securities sales to their citizens. Many have claimed that the Internet will make such financial regulation obsolete. With the advent of the new technology, regulatory bodies across the globe have been forced to redefine what constitutes an offer to purchase securities within their borders. They have come up with a variety of models for regulating cross-border capital flows. Even countries with similar legal traditions such as Britain, the US, and Australia have taken different approaches.


Why Barayagwiza Is Boycotting His Trial At The Ictr: Lessons In Balancing Due Process Rights And Politics, Mercedeh Momeni Jan 2001

Why Barayagwiza Is Boycotting His Trial At The Ictr: Lessons In Balancing Due Process Rights And Politics, Mercedeh Momeni

ILSA Journal of International & Comparative Law

On October 23, 2000, an eagerly anticipated joint trial, dubbed "the media trial," began at the United Nations International Criminal Tribunal for Rwanda (ICTR or Tribunal), in Arusha, Tanzania.'


The Maritime Slave Trade: A 21st Century Problem?, Samuel Pyeatt Menefee Jan 2001

The Maritime Slave Trade: A 21st Century Problem?, Samuel Pyeatt Menefee

ILSA Journal of International & Comparative Law

Whoever, being a citizen or resident of the United States and a member of the crew or ship's company of any foreign vessel engaged in the slave trade, or whoever, being of the crew or ship's company of any vessel owned in whole or in part, or navigated for, or in behalf of, any citizen of the United States...


The Increasing Role Of Interest Groups In Investment Transactions Involving International Financial Institutions, Mark Kantor Jan 2001

The Increasing Role Of Interest Groups In Investment Transactions Involving International Financial Institutions, Mark Kantor

ILSA Journal of International & Comparative Law

I would like to welcome you to our panel on the Increasing Role of Interest Groups in Investment Transactions Involving International Financial Institutions.


Air Rage: Is It A Global Problem? What Proactive Measures Can Be Taken To Reduce Air Rage, And Whether The Tokyo Convention Should Be Amended To Ensure Prosectuion Of Air Rage Offenders?, Margaret P. Fogg Jan 2001

Air Rage: Is It A Global Problem? What Proactive Measures Can Be Taken To Reduce Air Rage, And Whether The Tokyo Convention Should Be Amended To Ensure Prosectuion Of Air Rage Offenders?, Margaret P. Fogg

ILSA Journal of International & Comparative Law

Air rage is a fairly recent phenomenon gaining domestic and international scrutiny in an area of increasing importance and interest to the traveling public


What Is Needed To Protect International Human Rights In The 21st Century, Oscar Arias Jan 2001

What Is Needed To Protect International Human Rights In The 21st Century, Oscar Arias

ILSA Journal of International & Comparative Law

International human rights is a subject of special significance to me, as a citizen and former President of Costa Rica.


Isla Journal Of International And Comparative Law, Ilsa Journal Of International & Comparative Law Jan 2001

Isla Journal Of International And Comparative Law, Ilsa Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

This virtual haiku of war comes from a fellow named Josep Sonah, whom a Boston Globe report described as a nineteen-year-old veteran of the Sierra Leone civil war.


Isla Journal Of International And Comparative Law, Ilsa Journal Of International & Comparative Law Jan 2001

Isla Journal Of International And Comparative Law, Ilsa Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

Upon the inception of the new civilian administration on May 29' 2000, after almost twenty years of military rule, President Olusegun Obasanjo set up, inter alia, an eight-member Human Rights violation Investigation Commission.


Practicing Law Across Geographic And Professional Borders: What Does The Future Hold?, Gary A. Munneke Jan 2001

Practicing Law Across Geographic And Professional Borders: What Does The Future Hold?, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

A new global business reality is transforming the practice of law. Nowhere is this transformation more apparent than in the areas of multijurisdictional and multidisciplinary practice. These two trends, towards practice across jurisdictional boundaries on the one hand and across professional boundaries on the other, are engaging the attention of lawyers at the American Bar Association, the Canadian Bar Association: the American Corporate Counsel Association, the International Bar Association, as well as numerous other state and local, international, and specialty bar associations. This article describes that new business reality, those trends, and some of the ethical constraints presented by current …


Chinese Mortgage Law: An American Perspective, Dale A. Whitman Jan 2001

Chinese Mortgage Law: An American Perspective, Dale A. Whitman

Faculty Publications

My objective in this paper is to compare and to evaluate some of the features of the American and Chinese systems. I do so without any preconception that the American system provides better answers, but with the recognition that it is far more mature and provides more answers. Hence it provides a reference point from which the Chinese system can be considered. Perhaps each system has something to teach the other.


When Local Is Global: Using A Consortium Of Law Schools To Encourage Global Thinking, Nancy B. Rapoport Jan 2001

When Local Is Global: Using A Consortium Of Law Schools To Encourage Global Thinking, Nancy B. Rapoport

Scholarly Works

Dean Rapoport will discuss students and faculty consortia focusing on the North American Consortium on Legal Education (NACLE), which, among other things, promotes student and faculty exchanges between and among three law schools in the U.S., three in Canada, and three in Mexico.


A Framework Of Norms: International Human-Rights Law And Sovereignty, Douglass Cassel Jan 2001

A Framework Of Norms: International Human-Rights Law And Sovereignty, Douglass Cassel

Journal Articles

The international legal boundary between states; rights and human rights is not fixed. Long ago, the Permanent Court of International Justice - the judicial arm of the League of Nations and the precursor to the present International Court of Justice - recognized that "the question whether a certain matter is or is not solely within the jurisdiction of a State is an essentially relative question; it depends on the development of international relations." In recent decades international relations concerning both sovereignty and rights have developed quickly. An examination of those rights and the evolving realities of sovereignty are examined.