Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (70)
- Human Rights Law (22)
- Social and Behavioral Sciences (10)
- Comparative and Foreign Law (9)
- Indigenous, Indian, and Aboriginal Law (9)
-
- Constitutional Law (8)
- Law and Society (8)
- Courts (5)
- Environmental Law (5)
- International Relations (5)
- International Trade Law (5)
- Jurisprudence (5)
- Legal History (5)
- Political Science (5)
- Public Law and Legal Theory (5)
- Civil Rights and Discrimination (4)
- Criminal Law (4)
- International Humanitarian Law (4)
- International and Area Studies (4)
- Law and Economics (4)
- Law and Politics (4)
- Organizations Law (4)
- Health Law and Policy (3)
- Law and Race (3)
- Natural Resources Law (3)
- Property Law and Real Estate (3)
- Administrative Law (2)
- Air and Space Law (2)
- Asian Studies (2)
- Institution
-
- BLR (13)
- Selected Works (7)
- University of Colorado Law School (7)
- University of Denver (7)
- Northwestern Pritzker School of Law (6)
-
- Osgoode Hall Law School of York University (6)
- Vanderbilt University Law School (6)
- Maurer School of Law: Indiana University (5)
- American University Washington College of Law (4)
- George Washington University Law School (4)
- University of Tennessee College of Law (4)
- Santa Clara Law (3)
- University of Miami Law School (3)
- Duke Law (2)
- Florida International University College of Law (2)
- Maurice A. Deane School of Law at Hofstra University (2)
- Schulich School of Law, Dalhousie University (2)
- University of Oklahoma College of Law (2)
- University of Pittsburgh School of Law (2)
- University of Wollongong (2)
- Washington and Lee University School of Law (2)
- Yeshiva University, Cardozo School of Law (2)
- Boston University School of Law (1)
- Case Western Reserve University School of Law (1)
- Columbia Law School (1)
- Cornell University Law School (1)
- Lewis & Clark Law School (1)
- Notre Dame Law School (1)
- SelectedWorks (1)
- St. John's University School of Law (1)
- Publication
-
- ExpressO (13)
- Human Rights & Human Welfare (7)
- Northwestern Journal of International Law & Business (6)
- Osgoode Hall Law Journal (6)
- Publications (6)
-
- Scholarly Works (6)
- Articles by Maurer Faculty (5)
- Vanderbilt Journal of Transnational Law (5)
- Articles (4)
- Faculty Scholarship (4)
- GW Law Faculty Publications & Other Works (4)
- Faculty Publications (3)
- Santa Clara Law Review (3)
- Dalhousie Law Journal (2)
- Faculty of Law - Papers (Archive) (2)
- Hofstra Law Review (2)
- Kenneth Anderson (2)
- University of Miami International and Comparative Law Review (2)
- American Indian Law Review (1)
- Ana Filipa Vrdoljak (1)
- Andrew L. Strauss (1)
- Andrew T Guzman (1)
- Animal Law Review (1)
- Book Reviews (1)
- Books, Reports, and Studies (1)
- Cardozo Life (1)
- Case Western Reserve Journal of International Law (1)
- Congressional and Other Testimony (1)
- Connie de la Vega (1)
- Contributions to Books (1)
- Publication Type
- File Type
Articles 1 - 30 of 107
Full-Text Articles in Law
A Comparison Analysis Between The Standards Used In The Dneiper River Basin Clean-Up And European Union Legislation, Hannah H. Naumoff-Dulski
A Comparison Analysis Between The Standards Used In The Dneiper River Basin Clean-Up And European Union Legislation, Hannah H. Naumoff-Dulski
ExpressO
A recent case study involved the clean-up efforts of the Dnieper River Basin by three countries, Belarus, Russia, and Ukraine. The objective of the study was to provide a method for the identification, assessment, and prioritization of the most significant sources of pollution based on their impacts and characteristics. Herein, the standards employed in the Dnieper case study are comparatively analyzed against the relevant EU directives. The purpose in doing so was to determine if the standards employed in this project could serve as a benchmark for the necessary environmental regulations that would be required if these three countries were …
David P. Forsythe On Non-State Actors And Human Rights. Edited By Philip Alston. Oxford, Uk: Oxford University Press, 2005. 350pp., David P. Forsythe
David P. Forsythe On Non-State Actors And Human Rights. Edited By Philip Alston. Oxford, Uk: Oxford University Press, 2005. 350pp., David P. Forsythe
Human Rights & Human Welfare
No abstract provided.
The Rule Of (Administrative) Law In International Law, David Dyzenhaus
The Rule Of (Administrative) Law In International Law, David Dyzenhaus
Law and Contemporary Problems
No abstract provided.
Seen And Not Heard?: Children's Objections Under The Hague Convention On International Child Abduction, Anastacia M. Greene
Seen And Not Heard?: Children's Objections Under The Hague Convention On International Child Abduction, Anastacia M. Greene
University of Miami International and Comparative Law Review
No abstract provided.
Spaceship Sheriffs And Cosmonaut Cops, Lee Seshagiri
Spaceship Sheriffs And Cosmonaut Cops, Lee Seshagiri
Dalhousie Law Journal
This paper examines some of the current legal regimes applicable to criminal law in outer space and offers insights into options for future legal developments in the cosmos. It begins by setting out the context for law enforcement in outer space, emphasizing the commercial nature of future space exploration and the need for laws and law enforcement in that environment. Next, various methods for assigning legal jurisdiction in space are examined, and the underlying justifications for the exercise of such jurisdiction are considered. The paper goes on to explore preventative approaches to space crime, highlighting the usefulness of such approaches …
The Wto Constitution: Tertiary Rules For Intertwined Elephants, Joel P. Trachtman
The Wto Constitution: Tertiary Rules For Intertwined Elephants, Joel P. Trachtman
ExpressO
Constitutions have many dimensions. These dimensions include at least the following:
• an economic constitution in the sense of a set of rules for exchange of value and authority,
• an interfunctional constitution that allows for the integration of various social values,
• a political constitution that reflects the cultural and democratic integrity of a group of people,
• a legal and judicial constitution that provides rules for the making of other rules, and for determining supremacy and the scope of judicial application of rules,
• a human rights constitution that limits the sphere of governmental authority, and
• a …
"Tools For Success": The Trips Agreement And The Human Right To Essential Medicines, Melissa Mcclellan
"Tools For Success": The Trips Agreement And The Human Right To Essential Medicines, Melissa Mcclellan
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
A Foundation For International Taxation: The Institutional Competence Of Nations, Eric T. Laity
A Foundation For International Taxation: The Institutional Competence Of Nations, Eric T. Laity
ExpressO
This Article proposes a conceptual foundation for the field of international tax law. The Article refers to this foundation as the institutional competence of nations in global economic development. A nation’s institutional competence is its discretion to make decisions in pursuit of our collective goal of global economic development, discretion that is subject to a number of standards and limitations.
The Article constructs the institutional competence of nations in global economic development from institutional economics, simple game theory, and the literature on social norms. The Article expresses the institutional competence of nations through standards and limitations that reduce the abuse …
Kathleen J. Hancock On Breaking Silence, The Case That Changed The Face Of Human Rights By Richard Alan White. Washington, Dc: Georgetown University Press, 2004. 320pp., Kathleen J. Hancock
Kathleen J. Hancock On Breaking Silence, The Case That Changed The Face Of Human Rights By Richard Alan White. Washington, Dc: Georgetown University Press, 2004. 320pp., Kathleen J. Hancock
Human Rights & Human Welfare
No abstract provided.
2005 Cardozo Life (Summer), Benjamin N. Cardozo School Of Law
2005 Cardozo Life (Summer), Benjamin N. Cardozo School Of Law
Cardozo Life
Table of Contents:
Around Campus, page 3
Faculty Briefs, page 16
God vs. The Gavel, page 24
An Interview with Robert Schwartz ’92, page 26
Adieu J.D.: A Tribute to Jacques Derrida, page 30
Clerking at the ICTY, page 36
Effecting Change Globally: Cardozo Alumni Working in the International Arena, page 40
Alumni News, page 46
Foreign Law And The U.S. Constitution, Kenneth Anderson
Foreign Law And The U.S. Constitution, Kenneth Anderson
Popular Media
The use of foreign law and unratified international treaty law by U.S. courts in U.S. constitutional adjudication has emerged as a major debate among justices of the U.S. Supreme Court, with Justice Anthony Kennedy writing for a majority approving the practice in the March 2005 decision of Roper v. Simmons, and Justices Antonin Scalia and Stephen Breyer undertaking an unusual public discussion of the practice in January 2005 at American University law school. This article examines the arguments made by Justices Kennedy, Scalia, and Breyer for and against the practice, setting them in the broader context of constitutional theory. It …
International Space Law In Transformation: Some Observations, Glenn Harlan Reynolds
International Space Law In Transformation: Some Observations, Glenn Harlan Reynolds
Scholarly Works
No abstract provided.
Foreign Law And The U.S. Constitution, Kenneth Anderson
Foreign Law And The U.S. Constitution, Kenneth Anderson
Kenneth Anderson
A Brief Essay On The Importance Of Time In International Conventions On Intellectual Property Rights, Vincenzo Vinciguerra
A Brief Essay On The Importance Of Time In International Conventions On Intellectual Property Rights, Vincenzo Vinciguerra
ExpressO
The paper is a philosophical essay on the manner in which time is conceived and manipulated in four international treaties, namely the Paris Convention, the Patent Cooperation Treaty, the Madrid Agreement/Protocol, and the Berne Convention. In particular, the paper discusses the competing concepts of time as linear or circular, and how the treaties sometimes displace a linear concept of time in order to achieve specific goals.
Abu Ghraib, Diane Marie Amann
Abu Ghraib, Diane Marie Amann
Scholarly Works
This article posits a theoretical framework within which to analyze various aspects of post-September 11 detention policy - including the widespread prisoner abuse that has been documented in the leaks and official releases that began with publication of photos made at Iraq's Abu Ghraib prison. Examined are the actions of civilian executive officials charged with setting policy, of judicial officers who evaluated it, and military personnel who implemented it. Abuse has been attributed to failures of training or planning. The article concentrates on a different failure, the failure of law to keep lawlessness in check. On September 11, law's map …
Divided By Common Interests: Transatlanticism And The Future Of International Law After Iraq, Aaron X. Fellmeth
Divided By Common Interests: Transatlanticism And The Future Of International Law After Iraq, Aaron X. Fellmeth
ExpressO
This article argues that the Security Council dispute between the United States and England on one hand and France and Germany on the other should not be taken to indicate any fundamental disagreement about the role of international law in the world public order.
David P. Forsythe On The United States And The Rule Of Law In International Affairs By John F. Murphy. Cambridge: Cambridge University Press, 2004. 367pp., David P. Forsythe
David P. Forsythe On The United States And The Rule Of Law In International Affairs By John F. Murphy. Cambridge: Cambridge University Press, 2004. 367pp., David P. Forsythe
Human Rights & Human Welfare
A review of:
The United States and the Rule of Law in International Affairs by John F. Murphy. Cambridge: Cambridge University Press, 2004. 367pp.
The Customary International Law Game, Joel P. Trachtman, George Norman
The Customary International Law Game, Joel P. Trachtman, George Norman
ExpressO
Structural realists in political science and some rationalist legal scholars argue that customary international law cannot affect state behavior: that it is “epiphenomenal.” This article develops a game theoretic model of a multilateral prisoner’s dilemma in the customary international law context that shows that it is plausible that states would comply with customary international law under certain circumstances. Our model shows that these circumstances relate to: (i) the relative value of cooperation versus defection, (ii) the number of states effectively involved, (iii) the extent to which increasing the number of states involved increases the value of cooperation or the detriments …
The New Deterrence: Crime And Policy In The Age Of Globalization, Patrick Keenan
The New Deterrence: Crime And Policy In The Age Of Globalization, Patrick Keenan
ExpressO
Globalization has made it much easier for criminal activity to cross borders, but deterrence theory has not kept up with this changed reality. I draw insights from both law-and-economics and criminology literature to enrich our understanding of deterrence. I ground my theoretical discussion in the real-world problem of sex tourism as an example of the kind of unwanted activity that now crosses borders and has complicated our understanding of deterrence. I focus on two issues central to deterrence that have not gotten sufficient scholarly attention: the phenomenon of displacement and the role of status. I argue that informal sanctions, as …
Environmental Justice: A Universal Discourse, Dean Rivkin
Environmental Justice: A Universal Discourse, Dean Rivkin
Scholarly Works
No abstract provided.
Lagrand And Avena Establish A Right, But Is There A Remedy? Brief Comments On The Legal Effect Of Lagrand And Avena In The U.S., Malvina Halberstam
Lagrand And Avena Establish A Right, But Is There A Remedy? Brief Comments On The Legal Effect Of Lagrand And Avena In The U.S., Malvina Halberstam
Articles
No abstract provided.
Tax Discrimination In The Nafta Bloc: The Impact Of Tax And Trade Agreements On The Cross-Border Trade In Services, Catherine Brown
Tax Discrimination In The Nafta Bloc: The Impact Of Tax And Trade Agreements On The Cross-Border Trade In Services, Catherine Brown
Dalhousie Law Journal
This paper considers the impact of international agreements in disciplining tax discrimination affecting cross-bordertrade in services. It addresses three questions. First, how do tax and trade agreements interact in the discipline of tax measures affecting cross-border service providers? Second, does this interaction result in tax discrimination against foreign service providers in the NAFTA bloc? Third, if so, what remedies, if any, are available to cross-border service providers with respect to tax measures that are discnminatory? The paper concludes with illustrative examples that service providers in the NAFTA bloc, depending on the applicable treaty are subject to differing tax treatments, are …
Compliance Theory And The Inter-American Court Of Human Rights, Morse Tan
Compliance Theory And The Inter-American Court Of Human Rights, Morse Tan
ExpressO
Abstract This essay fills a gap by exploring compliance theory in international law to the Inter-American Court of Human Rights. After introducing the topic and setting the context, it delves into the question of why nations follow international law. Interacting with prominent theoretical models (including the managerial model, fairness and legitimacy, transnational legal process, self-interest, and a comparative perspective with Europe), it arrives at a critical synthesis in the conclusion.
Compliance Theory And The Inter-American Court Of Human Rights, Morse Tan
Compliance Theory And The Inter-American Court Of Human Rights, Morse Tan
ExpressO
This essay fills a gap by exploring compliance theory in international law in relation to the Inter-American Court of Human Rights. After introducing the topic and setting the context, it delves into the question of why nations follow international law. Interacting with prominent theoretical models (including the managerial model, fairness and legitimacy, transnational legal process, self-interest, and a comparative perspective with Europe), it arrives at a critical synthesis in the conclusion.
The Jurisprudential Foundation Of Law, Especially International Law: The Basis For True Progress & Reform, Morse Tan
ExpressO
This essay makes a unique case for the existence of justice, higher law and virtue by drawing on classic thinkers from both East and West. It asserts that no better jurisprudential foundation can be found. The need for this foundation emerges more clearly in the international context, but it applies to all legal systems.
After introducing the topic, explaining the relevance of this jurisprudence, responding to objections, and critiquing competing approaches, this essay presents pertinent sources from the East. Well-regarded in the East but less known to the West, writers such as Mencius, Tao, Hsuntze, and the Neo Confucianists from …
Minority Rights, Minority Wrongs, Elena A. Baylis
Minority Rights, Minority Wrongs, Elena A. Baylis
ExpressO
Many of the new democracies established in the last twenty years are severely ethnically divided, with numerous minority groups, languages and religions. In conflicts between minorities and the state, human rights and minority rights values are one set of battlefields, and claimed abuses are the weapons of choice for all sides.
National human rights institutions stand at the center of these conflicts. Minority groups should be a primary constituency for these institutions. Nonetheless, only a few of the human rights institutions in severely divided states report developing programs directed at minorities, and many shy away from involvement in their conflicts. …
Blocking Legal Evolution And Paying The Price: Property And Conflict In The Nigerian Highlands, Karol C. Boudreaux
Blocking Legal Evolution And Paying The Price: Property And Conflict In The Nigerian Highlands, Karol C. Boudreaux
ExpressO
This article examines current high levels of violent conflict in Plateau State in central Nigeria using an economic property-rights analysis that draws on the work of Harold Demsetz, Robert Cooter, Terry Anderson and Fred McChesney.
The thesis of the article is that this wide-spread violent conflict over resource use/access is tied, in important ways, to the passage of federal legislation in Nigeria that nationalized land. This legislation, I contend, blocked the continued evolution of customary land-law norms that had evolved to meet a variety of land-use needs and that had a relatively low-cost and transparent indigenous dispute resolution mechanism.
The …
Compliance Theory And The Inter-American Court Of Human Rights, Morse Hyun-Myung Tan
Compliance Theory And The Inter-American Court Of Human Rights, Morse Hyun-Myung Tan
ExpressO
This essay fills a gap by exploring compliance theory in international law to the Inter-American Court of Human Rights. After introducing the topic and setting the context, it delves into the question of why nations follow international law. Interacting with prominent theoretical models (including the managerial model, fairness and legitimacy, transnational legal process, self-interest, and a comparative perspective with Europe), it arrives at a critical synthesis in the conclusion.
Aaron Peron Ogletree On Indigenous Peoples In International Law (Second Edition) By S. James Anaya. Oxford: Oxford University Press, 2004. 396pp., Aaron Peron Ogletree
Aaron Peron Ogletree On Indigenous Peoples In International Law (Second Edition) By S. James Anaya. Oxford: Oxford University Press, 2004. 396pp., Aaron Peron Ogletree
Human Rights & Human Welfare
A review of:
Indigenous Peoples In International Law (Second Edition) by S. James Anaya. Oxford: Oxford University Press, 2004. 396pp.
Authorizations For The Use Of Force, International Law, And The "Charming Betsy" Canon, Ingrid Wuerth
Authorizations For The Use Of Force, International Law, And The "Charming Betsy" Canon, Ingrid Wuerth
Vanderbilt Law School Faculty Publications
Although international law has figured prominently in many disputes around actions of the U.S. military, the precise relationship between international law and the President's war powers has gone largely unexplored. This Article seeks to clarify one important aspect of that relationship: the role of international law in determining the scope of Congress's general authorizations for the use of force. In the seminal case of Hamdi v. Rumsfeld, the plurality opinion used international law to interpret the authorization by Congress for the use of force, but did so without adequate attention to the content or interpretive function of international law. This …