Law Commons^™

Are Things Falling Apart? Rethinking The Purpose And Function Of International Law, Matthew Olmsted

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Constructing An Islamic Institute Of Civil Justice That Encourages Women's Rights, Marie Egan Provins

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Declining Jurisdiction In A Future International Convention On Jurisdiction And Judgments—How Can We Benefit From Past Experiences In Conciliating The Two Doctines Of Forum Non Conveniens And Lis Pendens, Gregoire Andrieux

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Regulation On Sino-Foreign Cooperation In Making Television Programs, Litong Chen

Washington International Law Journal

The Chinese Government traditionally has believed that the voices of adversaries, whether foreign or domestic, should not be heard. The Preamble to the Chinese Constitution states that, "The Chinese people must fight against those forces and elements, both at home and abroad, that are hostile to China's socialist system and try to undermine it."' The beachhead which has been regarded as most critical for the Communist Party of China ("CPC") to defend is China's mass media—the CPC's mouthpiece for its ideological rhetoric. Conventionally, the best way to keep a beachhead is to repel the enemy from its shores. Historically, China …

The Ad Hoc International Criminal Tribunals And A Jurisprudence Of The Deviant, Maya Steinitz

Faculty Scholarship

This short article is a synopsis of a doctoral thesis entitled Law as Communication: A Concept of International Law. Embedded in the legal theory of philosopher Joseph Raz - who argued that "whatever else the law is, it either claims legitimate authority, is held to possess it, or both" - this analysis of international law's claim of legitimate authority is based on an ethnographic study of the International Criminal Tribunals for the former- Yugoslavia and Rwanda.

The analysis of international law's claim of legitimate authority, which uses semiotics and performance-studies perspective, is then used as a basis for an examination …

Bartering With A Nation's Health Or Improving Access To Pharmaceuticals? The United States-Australia Free Trade Agreement, Katherine M. Van Maren

Washington International Law Journal

Providing access to affordable medicines and rewarding innovation produces a difficult tension in the global economy. Different nations deal with this tension differently, as illustrated by the United States-Australia Free Trade Agreement ("U.S.-Australia FTA") negotiations. Both nations stood to benefit greatly from reduced or eliminated tariffs. During negotiations, both nations sought to capitalize on the opportunity to alter certain practices that hindered trade. One such practice was Australia's fifty-five-year-old Pharmaceutical Benefits Scheme ("PBS"). The PBS controls prices for most medicines within Australia. Australian consumers are concerned that the U.S.-Australia FTA will adversely affect access to affordable medicines because free trade …

Disrespecting The "Opinions Of Mankind", Eugene Kontorovich

Public Law and Legal Theory Working Papers

No abstract provided.

A Light In The Dark--Creating Hope For Victims Of Trafficking With Hiv/Aids, Morgan Honeycutt

Student Thesis Honors (1996-2008)

Although some form or another of human trafficking occurs in practically every corner of the world, for the purposes of this paper, I will focus on the ramifications of HIV/AIDS infection in victims of trafficking in the United States. As the HIV/AIDS crisis continues to grow, victims of trafficking face increasingly difficult obstacles to gaining legal status and healthcare in this country. The first portion of this paper will describe the history of trafficking and prostitution and the HIV/AIDS epidemic. The second portion will discuss current legislative action regarding trafficking. The third portion will analyze many of the complex issues …

Asylum Claims Based On Persecution On Account Of Religion: Women Persecuted Under Shari'ah Law, Nicole Moss

Student Thesis Honors (1996-2008)

Asylum has been denied to Muslim women fleeing persecution under shari\'ah law in some countries because they failed to link the persecution to one of the enumerated grounds: race, religion, nationality, membership in a particular social group, or political opinion. These women often face extreme persecution including strict proscriptions on dress, behavior, work and educational opportunities and ability to marry and divorce. Trying to fit into the rigid refugee definition, many female asylum seekers have sought to fit their claim within the "membership in a social group" or "political opinion" category. This has been met with limited success. Muslim women …

Should State Courts Be Required To Follow The Decisions Of Lower Federal Courts When Interpreting Questions Of Federal Law?, Quinn Bumgarner-Kirby

Student Thesis Honors (1996-2008)

At first glance, the rule that state courts are not bound by decisions of the lower federal courts in interpreting questions of federal law seems uncontroversial. Yet the roots of that rule are far from clear. The United States Supreme Court has not definitively stated the rule. While the majority of courts seem to adhere to the rule, a few courts have held that state courts are bound by decisions of the lower federal courts under certain circumstances. Should state courts be bound by lower federal court decisional law? If not, should they nonetheless follow precedent from the circuit in …

Pathways Toward Reconciliation: A Comparative Analysis, Darcie Johnson

Student Thesis Honors (1996-2008)

Human rights violations have commanded markedly different responses from international organizations, nations and affected communities. Although divergent in structure, jurisdiction and procedure, each systemic response shares a common goal − national reconciliation and social reconstruction. This paper primarily focuses on a more traditional system, the International Criminal Tribunal of Rwanda (ICTR), in an effort to compare and distinguish its reconciliatory impact with alternative systems employed by the Rwandese government, its localities and South Africa post apartheid. In order to assess the likely impact of alternative systems on a nation of genocide survivors, one must first understand the historical precursors − …

Thus Far And No Further: The New Mexico Supreme Court's Failure To Expand The Rights Of The Criminally Accused Beyond Search And Seizure Under The State Constitution, Ryan Villa

Student Thesis Honors (1996-2008)

The New Mexico Supreme Court has at once been both proactive and conservative in expanding the rights of the accused under the State Constitution. In the field of search and seizure, the Court has been extremely active in heeding Justice Brennan's call to the states to expand liberties under state constitutions. Interestingly, at the same time, the court has failed to expand other rights of the accused with few exceptions. This paper seeks to explore some of the reasons why this dichotomy has occurred and offers a few strategies to argue for expansion in three other areas. These include the …

The Disenfranchisement Of The American Indian, Brenna Clani

Student Thesis Honors (1996-2008)

The history of the enfranchisement of the American Indian is complicated and complex. This paper will sort through this complicated and complex history. The paper will first analyze the unique status of Indians and how it excluded them from the meaning of "citizen," as interpreted by the United State Supreme Court. It is against this backdrop that the way in which states denied American Indians the right to vote after the Indian Citizenship Act of 1924 will then be analyzed.

Digital Music Sampling & Copyright Law: Can The Interests Of Copyright Owners And Sampling Artists Be Reconciled?, Carlos Ruiz De La Torre

Student Thesis Honors (1996-2008)

Copyright law governing digital music sampling is faced with two competing interests: (1) owners of recording and composition copyrights need to be reasonably compensated when their creative works are re-used by sampling artists, but (2) sampling artists should have a reasonable degree of freedom to rework fragments of existing recordings at a reasonable cost. A system is needed that balances these interests and that reduces the degree of uncertainty that arises whenever a sample gets used that infringes a copyright. This Essay will discuss the current state of the law as it relates to digital sampling and will proceed to …

State Ex Rel. Martinez V. City Of Las Vegas: The Misuse Of History And Precedent In Overruling The Pueblo Water Rights Doctrine In New Mexico, Martha Mulvany

Student Thesis Honors (1996-2008)

In State ex rel. Martinez v. City of Las Vegas, the Supreme Court of New Mexico struck the pueblo water rights doctrine from New Mexico law. State ex rel. Martinezs discussion of the pueblo water rights doctrine is primarily notable for its unprincipled use of history and the inconsistent application of the doctrine of stare decisis. This paper looks at the internal workings of the court's opinion rather than to the consequences it will have in the external world. There are several obvious lines of analysis that this paper might follow, but which it does not: This is not a …

Children As Research Subjects: The Overbroad Regulations In 45 C.F.R. \Xa7 46, Subpart D, In Conjunction With Legislative Economic Incentives Allow For Exploitation Of This Vulnerable Subject Population, Jacqueline Berg

Student Thesis Honors (1996-2008)

After describing and examining the disparity in research conducted on adults with that on children and why it exists, this paper will discuss the recent legislative response, will highlight a number of the ambiguities and the questionable ethics of the unsatisfying regulations governing children as research subjects, and will recommend improvements in striking the delicate balance needed to protect children from research abuse and improve their health through useful, careful research.

Implications Of Incorporating State Created Rights Into The Federal Constitution Through The Ninth Amendment, Esteban A. Aguilar Jr.

Student Thesis Honors (1996-2008)

Professor Gregory Allen in Ninth Amendment and State Constitutional Rights suggested a hypothetical conflict that could arise between state and federal courts when a state constitution provides for greater protection against governmental abuse of power than the federal constitution. One possible safeguard of autonomy for those states choosing to grant their citizens greater state law protections than the federal government is the Ninth Amendment. The Ninth Amendment protects unenumerated rights' that are retained by the people of the states. In theory, applying the Ninth Amendment would essentially federalize state law protections contained in state constitutions and guard that state from …

Congress Moves To Suspend Judicial Review To Protect The Unconstitutional Defense Of Marriage Act, Christina Okon

Student Thesis Honors (1996-2008)

Striving to preserve the institution of marriage for heterosexual couples, Congress passed the Defense of Marriage Act (DOMA) in 1996. DOMA was billed as promoting state autonomy by letting the states decide whether same-sex couples might legally wed, and whether or not to validate one another's decisions regarding same-sex marriage. Not convinced that the states could correctly decide so vital an issue, Congress launched the Federal Marriage Amendment in May 2003, defining marriage as restricted to a legal union between one man and one woman across the nation. However, fearing the light of scrutiny by what they call the activist …

Removing Remedies, Removing Rights; The Future Of 1983 Claims For Violations Of The Idea In The Wake Of Gonzaga V. Doe, Erin Toponce

Student Thesis Honors (1996-2008)

Congress signed the Individuals with Disabilities Education Act ("IDEA") into law with the express intent that individuals with disabilities receive a free and appropriate public education that is designed to meet their individual needs. In circumstances where parents believe the limited scope of remedies construed to be available under the IDEA is inadequate: the use of 42 U.S.C. 1983 ("Section 1983"); among other laws: has garnered special appeal. The courts, however, have split on the issue of whether 42 U.S.C. Section 1983 is available to plaintiffs seeking to allege a statutory violation of the IDEA. This Note will explore whether …

Risks Of And Reactions To Underdeterrence In Torts, The, Thomas C. Galligan Jr.

Missouri Law Review

As the nation considers tort reform at both the state and federal levels, it should not be blinded to the fact that while tort law may, in some cases, overdeter beneficial activity or conduct, it also may underdeter dangerous activity or conduct, especially in mass tort cases. The idea that liability or the prospect of liability can shape human behavior through deterrence has become one of the practical and theoretical foundations of tort law.2 Judges and scholars regularly state that deterrence - the prospect that liability can influence behavior - is one of the purposes of tort law. 3 The …

Made Whole Doctrine: Unraveling The Enigma Wrapped In The Mystery Of Insurance Subrogation, The, Johnny C. Parker

Missouri Law Review

Application of the doctrine of subrogation often occurs at the expense of the insured. As a result, the common law developed the made whole doctrine, which limits the use of subrogation prior to an insured party receiving full compensation for damages. The primary purpose of this article is to explore the made whole doctrine as the principal weapon used by contemporary courts to curb the harsh effect of contractual subrogation on the rights of the insured. Section I of this article provides an overview of the expansion and use of subrogation in various types of insurance contracts. Section II examines …

Diversity: A Fundamental American Principle, David Orentlicher

Missouri Law Review

This article argues that both the Court in its defense of diversity and the commentators in their critiques of the diversity rationale have misjudged the public interest in diversity. Rather than having insufficient weight to justify affirmative action or reflecting a limited educational interest," diversity is a critical principle for much of American constitutional and social structure. 12 In particular, the federalist system of government rests in large part on the belief that a diversity of approaches by the fifty states will lead to better government than would a single approach by the national government., Similarly, the American capitalist economic …

Girl Who Cried Wolf: Missouri's New Approach To Evidence Of Prior False Allegations, The, Jennifer Koboldt Bukowsky

Missouri Law Review

After a trial by jury, Jeffrey D. Long was convicted of forcibly raping and sodomizing Debbie Flower. The Missouri Supreme Court reversed the conviction because the exclusion of evidence that Flower had falsely accused another person of making threats and assaulting her deprived Long of a full opportunity to present his defense. Previously, Missouri's rules of evidence dictated that, although a witness could be cross-examined about having made false allegations against persons other than the defendant, extrinsic evidence of such conduct was not admissible. The Missouri Supreme Court changed that rule by a 4-3 decision in State v. Long. Now, …

Caught Between A Rock And A Hard Place: Harmonizing Victim Confidentiality Rights With Children's Best Interests, Lauren E. Parsonage

Missouri Law Review

In State ex rel. Hope House, Inc. v. Merrigan, the Missouri Supreme Court examined Missouri Revised Statutes Section 210.140, 5 which eliminates legally recognized privileged communications where there is evidence of child abuse or neglect, and attempted to resolve it with Section 455.220,6 which establishes strict confidentiality for residents of domestic violence shelters. 7 Although Section 210.140 has previously been the subject of litigation, this case was the first time the court concurrently dealt with Section 455.220 and attempted to harmonize two conflicting statutes that ultimately could have a tremendous effect on the children involved. This Note will examine the …

Local Man Phones Spiritual Leaders, Ends Up In Federal Prison: Congressional Commerce Power To Curb Discrimination Motivated Violence, Courtney C. Stirrat

Missouri Law Review

In United States v. Corum,12 the Eighth Circuit examined two categories of congressional commerce power used to eradicate religious discrimination.13 The result in this case perpetuates a split among the circuits regarding the extent of congressional authority to regulate non-economic, criminal activity. 14 This Note examines the parameters of the Commerce Clause and the continuing confusion in the Courts of Appeals following the Supreme Court's holdings in United States v. Lopez'5 and United States v. Morrison.16

Murky Waters: Barriers To Recovery For Flood Damage From Municipal Waterworks, Jason D. Sapp

Missouri Law Review

The State has long enjoyed an exception to the general rules of negligence liability under the common law doctrine of sovereign immunity. This immunity has been extended to municipal governments in carrying out their role of serving the general public but not in their performance of proprietary functions. In its ruling in Junior College District v. City of St. Louis,2 the Missouri Supreme Court emphasized the narrow interpretation of exceptions to limits on negligence claims against government entities, particularly in relation to a municipality's operations as a provider of water to its citizens.3 The court further insulated municipal water suppliers …

Does Competition Constitute An Injury - Defining Injury In The Missouri Motor Fuel Marketing Act, Timothy D. Steffens

Missouri Law Review

The purpose of the Missouri Motor Fuel Marketing Act (MFMA) 2 is to prevent predatory pricing in the motor fuel retail industry that would ultimately harm consumers through monopolistic takeovers.3 The Act prohibits certain below-cost sales of motor fuel by a retailer intended to or having the effect of unfairly diverting trade from a competitor, inducing the purchase of other merchandise, or otherwise injuring competitors.4 In State ex rel. Nixon v. QuikTrip Corp., the Missouri Supreme Court interpreted certain language in the MFMA for the first time. The court defined the statutory terms "competitor" and "injure," and established what the …

Privatization Slow-Down: Government Reluctance Or Economic Failure?, Sara Alam El-Din

Archived Theses and Dissertations

This research is trying to disclose the reasons behind the slow down of the privatization program in Egypt. It does so by assessing the government's policy with regard to privatization by reference to secondary material and two case studies: the banking and the maritime sectors. These two case studies were carefully chosen in order to highlight particular issues related to the slow down of the process of privatization and the government's policies. The banking sector, for example, is one of the sectors that the government seems reluctant to privatize and only last January did the government announce the willingness to …

The Egyptian Public Prosecution And Human Rights In The Pre-Trial Criminal Justice, Khaled Wahid Mohamed Khaled Ghazy

Archived Theses and Dissertations

No abstract provided.

The Regulation Of Insider Trading As An Agency Problem, Alexandre Padilla

ExpressO

This paper attempts to shed a new light on the insider trading issue by studying the unintended effects of insider trading laws. It shows that government regulation of insider trading can actually make the problems it intends to resolve worse. More particularly, this paper shows that insider trading laws instead of mitigating the agency problems that have been associated with insider trading actually can aggravate them by hindering the effectiveness of governance mechanisms existing within and outside the corporation.