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Articles 751 - 780 of 9193
Full-Text Articles in Law
National Constitutional Compatibility And The International Criminal Court, Helen Duffy
National Constitutional Compatibility And The International Criminal Court, Helen Duffy
Duke Journal of Comparative & International Law
No abstract provided.
Countering Hate Messages That Lead To Violence: The United Nations’S Chapter Vii Authority To Use Radio Jamming To Halt Incendiary Broadcasts, Alexander C. Dale
Countering Hate Messages That Lead To Violence: The United Nations’S Chapter Vii Authority To Use Radio Jamming To Halt Incendiary Broadcasts, Alexander C. Dale
Duke Journal of Comparative & International Law
No abstract provided.
Conflict Prevention, Management, And Resolution: Africa — Regional Strategies For The Prevention Of Displacement And Protection Of Displaced Persons: The Cases Of The Oau, Ecowas, Sadc, And Igad, Jeremy Levitt
Duke Journal of Comparative & International Law
No abstract provided.
Student Article: Immigration Law: A Call For Us Courts To Reevaluate Policy Considerations Regarding Female Genital Mutilation As A Justification For Asylum, Glennys E. Ortega Rubin
Student Article: Immigration Law: A Call For Us Courts To Reevaluate Policy Considerations Regarding Female Genital Mutilation As A Justification For Asylum, Glennys E. Ortega Rubin
University of Miami International and Comparative Law Review
No abstract provided.
Legal & Cultural Approaches To Sexual Matters In Africa: The Cry Of The Adolescent Girl, Oluyemisi Bamgbose
Legal & Cultural Approaches To Sexual Matters In Africa: The Cry Of The Adolescent Girl, Oluyemisi Bamgbose
University of Miami International and Comparative Law Review
No abstract provided.
Introduction, Prof. William Twining
Introduction, Prof. William Twining
University of Miami International and Comparative Law Review
No abstract provided.
Introduction, Ambassador Richard Bogosian
Introduction, Ambassador Richard Bogosian
University of Miami International and Comparative Law Review
No abstract provided.
Does The United States Need Additional High-Tech Work Visas Or Not? A Critical Look At The So-Called H-1b Visa Debate, Simone M. Schiller
Does The United States Need Additional High-Tech Work Visas Or Not? A Critical Look At The So-Called H-1b Visa Debate, Simone M. Schiller
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
New Trends In African Human Rights Law: Prospects Of An African Court Of Human Rights, Yemi Akinseye-George
New Trends In African Human Rights Law: Prospects Of An African Court Of Human Rights, Yemi Akinseye-George
University of Miami International and Comparative Law Review
No abstract provided.
Student Article: Sierra Leone's "Conflict Diamonds": The Legacy Of Imperial Mining Laws And Policy, Ian Martinez
Student Article: Sierra Leone's "Conflict Diamonds": The Legacy Of Imperial Mining Laws And Policy, Ian Martinez
University of Miami International and Comparative Law Review
No abstract provided.
Trade With Africa: A Great Opportunity For Miami-Dade County, Miami-Dade Mayor Alex Penelas
Trade With Africa: A Great Opportunity For Miami-Dade County, Miami-Dade Mayor Alex Penelas
University of Miami International and Comparative Law Review
No abstract provided.
International Law And Uganda's Involvement In The Democratic Republic Of The Congo (Droc), Phillip Apuuli Kasaija
International Law And Uganda's Involvement In The Democratic Republic Of The Congo (Droc), Phillip Apuuli Kasaija
University of Miami International and Comparative Law Review
No abstract provided.
Trade Liberalization: Savior Or Scourge Of Sadc Economies?, Ben Chigara
Trade Liberalization: Savior Or Scourge Of Sadc Economies?, Ben Chigara
University of Miami International and Comparative Law Review
No abstract provided.
The Depiction Of Law In African Literary Texts, Emmanuel Yewah
The Depiction Of Law In African Literary Texts, Emmanuel Yewah
University of Miami International and Comparative Law Review
No abstract provided.
Prosecution Of War Crimes By The International Criminal Tribunal For Rwanda, Dr. Alex Obote Odora
Prosecution Of War Crimes By The International Criminal Tribunal For Rwanda, Dr. Alex Obote Odora
University of Miami International and Comparative Law Review
No abstract provided.
Introduction Power, Obligation, And Customary International Law, Michael Byers
Introduction Power, Obligation, And Customary International Law, Michael Byers
Duke Journal of Comparative & International Law
No abstract provided.
Multi-Disciplinary Professional Practices: A Consumer Welfare Perspective, Michael Trebilcock, Lila Csorgo
Multi-Disciplinary Professional Practices: A Consumer Welfare Perspective, Michael Trebilcock, Lila Csorgo
Dalhousie Law Journal
Multi-disciplinary professional practices (MDPs) involving lawyers, accountants and otherprofessionals, have been the subject of considerable industrystudyand controversy in Canada and abroad. In this article, the authors evaluate the advantages and disadvantages of MDPs strictly from a consumer welfare perspective. They argue that, although MDP critics' concerns surrounding such issues as solicitor-client privilege, independence, conflicts of interest, and unauthorized practice are valid, they are often overstated and are, in many cases, encountered even today by professionals outside the MDP context. The advantages to consumers of permitting the evolution of such practices would, in any event, significantly outweigh such disadvantages. The authors'analysis …
A Comment On The Complementary Jurisdiction Of The International Criminal Court: Adding Insult To Injury In Transitional Contexts?, Jennifer J. Llewellyn
A Comment On The Complementary Jurisdiction Of The International Criminal Court: Adding Insult To Injury In Transitional Contexts?, Jennifer J. Llewellyn
Dalhousie Law Journal
The author examines the principle of complementarity on which the jurisdiction of the International Criminal Court (ICC) is based. Unlike its predecessors, the International Criminal Tribunals for the former Yugoslavia and Rwanda, the ICC can only take jurisdiction over a case when a state is unwilling or unable to investigate or prosecute. The Court is thus designed to complement the work of national criminal courts. This article assesses whether this admissibility standard will allow the ICC to complement the work of truth commissions like that of the South African Truth and Reconciliation Commission. It concludes that the prospect of an …
The Legislature, The Executive And The Courts: The Delicate Balance Of Power Or Who Is Running This Country Anyway?, A Wayne Mackay
The Legislature, The Executive And The Courts: The Delicate Balance Of Power Or Who Is Running This Country Anyway?, A Wayne Mackay
Dalhousie Law Journal
The expanding role of Canadian courts since the introduction of the Charter has prompted critics to decry what they see as excessive and "anti-democratic" judicial activism. The author addresses such criticisms, responding, in particular, to the arguments of Ted Morton and Rainer Knopff. The article critiques the basic elements of Morton/Knopf's thesis: that activist courts are anti-democratic, excessively political, and engaging in illegitimate law-making. Rejecting the claim that Canada's judiciary is a less democratic state institution, the author notes the powerful law and policy-making role performed by the federal cabinet-for practical purposes, an unelected body. The author endorses the dialogue …
Seeking Historical Truth: The International Commission Of Inquiry Into The 1932-33 Famine In Ukraine, A J. Hobbins, Daniel Boyer
Seeking Historical Truth: The International Commission Of Inquiry Into The 1932-33 Famine In Ukraine, A J. Hobbins, Daniel Boyer
Dalhousie Law Journal
In the 1980s the WCFU (World Congress of Free Ukrainians) undertook many initiatives to "educate" Western public opinion on the Ukrainian Famine of 1932- 33, claiming that the famine was a Soviet act of genocide against the Ukrainian people. The WCFU sponsored an international commission of enquiry, composed of seven eminent international jurists, and appeared before the commission as plaintiff. The Commission dealt with a number of controversial issues in international law, including the question of whether the charge of genocide could predate the 1948 convention. The Commission deliberations are examined in detail, frequently with the use of unpublished sources …
Brightening The Covenant Chain: Aboriginal Treaty Meanings In Law And History After Marshall, Mark D. Walters
Brightening The Covenant Chain: Aboriginal Treaty Meanings In Law And History After Marshall, Mark D. Walters
Dalhousie Law Journal
The decision of the Supreme Court of Canada in R. v. Marshall raises some difficult questions about the interpretation of Crown-Aboriginal treaties, especially treaties dating from the eighteenth century. The Court acknowledged that the treaty context is important to establishing the meaning of treaty texts, and Aboriginal and non-Aboriginal perspectives must be considered. As a result, judges must have regard to historical analyses of Crown-Aboriginal relations when interpreting these old treaties. In this article, the author explores some of the complex theoretical problems that such legal-historical analyses create, focusing in particular upon the possibility that lawyers and judges may reach …
The Institutional And Substantive Effects Of The Human Rights Act In The United Kingdom, Christopher D. Jenkins
The Institutional And Substantive Effects Of The Human Rights Act In The United Kingdom, Christopher D. Jenkins
Dalhousie Law Journal
This article reviews the institutional and substantive impact that the Human Rights Act has on English law through its incorporation of the European Convention on Human Rights. Under the Act, higher courts can now move beyond a formalistic method of judicial review and substantively evaluate legislation in light of the Convention. The judiciary can accordingly issue declarations that statutes are incompatible with the Convention which, although not invalidating the act in question, will bring considerable political pressure to bear on Parliament to ensure compliance. The Act further directs courts to give special regard to the decisions of the European Court …
Class Actions As Alternative Dispute Resolution, John C. Kleefeld
Class Actions As Alternative Dispute Resolution, John C. Kleefeld
Osgoode Hall Law Journal
This article situates the action in ADR theory by viewing it as a hybrid process that draws on both the command and consensus portions of a rational dispute resolution continuum. Class action legislation does this in a number of ways, the most important being the scope it gives to courts to approve or disapprove class settlements that have been privately negotiated by defence and class counsel. The rationale is to protect the interests of absent class members and ensure that the legislative goals of class actions-access to justice, judicial economy and behaviour modification-are well served. Class actions can thereby render …
Beyond Conception: Legal Determinations Of Filiation In The Context Of Assisted Reproductive Technologies, Roxanne Mykitiuk
Beyond Conception: Legal Determinations Of Filiation In The Context Of Assisted Reproductive Technologies, Roxanne Mykitiuk
Osgoode Hall Law Journal
This article argues that legal determinations of filiation are normative ideological constructions about how societal relations between parents and children should be ordered. They am based upon particular understandings of the relationship between biological and social facts and, as this article demonstrates, operate to create an asymmetrical relationship between the categories between paternity and maternity I suggest that fairly recent developments in reproductive and genetic filiation have been made and offer the potential for an expanded understanding of relatedness or kinship which does not take the two-parent-one of each sex-model of the family as its normative form. While the examples …
Ending The 180 Day Waiting Game: An Examination Of The Courts' Duty To Short-Circuit The Eeoc Backlog Through The Power Of Judicial Review, Vaseem S. Hadi
Ending The 180 Day Waiting Game: An Examination Of The Courts' Duty To Short-Circuit The Eeoc Backlog Through The Power Of Judicial Review, Vaseem S. Hadi
University of Dayton Law Review
No abstract provided.
Front Matter, Volume 27 Number 1, University Of Dayton
Front Matter, Volume 27 Number 1, University Of Dayton
University of Dayton Law Review
Title page and table of contents, Volume 27, Number 1
School Vouchers: Bad For Our Children And Dangerous For Our Liberty, Elliott M. Mincberg
School Vouchers: Bad For Our Children And Dangerous For Our Liberty, Elliott M. Mincberg
University of Dayton Law Review
The Honorable James J. Gilvary Symposium on Law, Religion & Social Justice: Symposium Essay
The Honorable James J. Gilvary Symposium On Law, Religion And Social Justice: A Schoolhouse Divided, Lori Shaw
The Honorable James J. Gilvary Symposium On Law, Religion And Social Justice: A Schoolhouse Divided, Lori Shaw
University of Dayton Law Review
The Honorable James J. Gilvary Symposium on Law, Religion & Social Justice: Symposium Foreword
Cultural Property And Ownership: Antiquities, Clemency Coggins
Cultural Property And Ownership: Antiquities, Clemency Coggins
Connecticut Journal of International Law
The following are thoughts on the ownership of antiquities or ancient objects from the perspective of an archaeologist. This is an unpleasant exercise since, from my point of view, modem ownership is totally irrelevant to our involvement with the ancient world. Property law, as has just been observed in the introduction, is a kind of cultural product itself. This is an interesting side consideration. Howard Spiegler spoke of the ownership of art and of relatively modem paintings. It is clear this is a very complicated topic, particularly when more than one country and more than one legal system is involved. …
Protecting Debtor's Subsidiaries: Extending The Automatic Stay Of 11 U.S.C. § 362 To Foreign Subsidiaries, William J. Kambas
Protecting Debtor's Subsidiaries: Extending The Automatic Stay Of 11 U.S.C. § 362 To Foreign Subsidiaries, William J. Kambas
Connecticut Journal of International Law
To protect or not to protect... On one hand, a viable business is valuable to society and such a business should be assisted if financial hardship jeopardizes its future.' On the other hand, if a business is unable to cope on its own, it should not be put on life support, and if that business is truly valuable to society another will take its place The United States Bankruptcy Code (the "Code") has taken the kinder, gentler road. Chapter 11 of the Code facilitates the reorganization of viable businesses. Although the reorganization process cannot ensure that a once strong business …