Law Commons^™

Iraq And The "Fog Of Law", John F. Murphy

International Law Studies

No abstract provided.

The Occupation Of Iraq: A Reassessment, Eyal Benvenisti, Guy Keinan

International Law Studies

No abstract provided.

November Roundtable: Multiculturalism And Integration Introduction

Human Rights & Human Welfare

An annotation of:

“Germany's Integration Blinkers. What's So Bad About Parallel Societies?” by Henryk M. Broder, Spiegel Online, November 20, 2010

and

“Angela Merkel: German Multiculturalism has Utterly Failed,” by Matthew Weaver, The Guardian, October 17, 2010

A Protection Post-Mortem On The "Death" Of Multiculturalism In Germany, Erin Mooney

Human Rights & Human Welfare

Noticeably absent from the recent pronouncements of the “death” of multiculturalism in Germany, including Chancellor Angela Merkel’s own conclusion that the policy had “utterly failed,” has been any interest to seriously examine, let alone address, the reasons for such a failure.

Citizenship, Rights, And Culture, Alison Brysk

Human Rights & Human Welfare

Shortly after German Chancellor Angela Merkel’s repudiation of multiculturalism, the Soros Foundation announced the winners of its Fellowships for New Americans—an award for graduate study for foreign-born students whose career paths show initiative, accomplishment, and “commitment to the values expressed in the U.S. Constitution.” Dozens of America’s best and brightest are pursuing degrees in law, medicine, public policy, business, and the arts that will immensely enrich our national and global communities.

Are Muslims The New Catholics? Europe's Headscarf Laws In Comparative Historical Perspective, Robert Kahn

Robert Kahn

ABSTRACT: Many European opponents of the headscarf view themselves as engaged in a “struggle against totalitarianism.” This article explores an alternative framing: What if Muslims—rather than Nazis or Communists in training—are the more like nineteenth century Catholics, who were seen as a religious threat to European (and U.S.) liberalism? To explore this idea, this article looks at the headscarf debate through the lens of the German Kulturkampf (1871-1887) and nineteenth century U.S. laws that banned public school teachers from wearing clerical garb. It reaches two tentative conclusions. First, many of the claims made against European Muslims—especially about the “backward” nature …

Human Trafficking For Sexual Exploitation At World Sporting Events, Victoria Hayes

Chicago-Kent Law Review

Many members of the international community fear that world sporting events, such as the Olympics and the World Cup, create surges in human trafficking for sexual exploitation, causing women and girls to be exploited for commercial sex while the rest of the world celebrates athleticism and sport. These fears have sparked heated debate about the measures hosting countries should take to prevent human trafficking at these events and the role prostitution policies play in combating human trafficking. In the lead-up to the 2010 Olympics in Canada and the 2010 World Cup in South Africa, politicians in both countries proposed legalizing …

Pleading And Access To Civil Procedure: Historical And Comparative Reflections On Iqbal, A Day In Court And A Decision According To Law, James Maxeiner

All Faculty Scholarship

The Iqbal decision confirms the breakdown of contemporary American civil procedure. We know what civil procedure should do, and we know that our civil procedure is not doing it. Civil procedure should facilitate determining rights according to law. It should help courts and parties apply law to facts accurately, fairly, expeditiously and efficiently. This article reflects on three historic American system failures and reports a foreign success story.

Pleadings can help courts do what we know courts should do: decide case on the merits, accurately, fairly, expeditiously and efficiently. Pleadings facilitate a day in court when focused on deciding according …

Partitioning Paternity: The German Approach To A Disjuncture Between Genetic And Legal Paternity With Implications For American Courts, Shelly Ann Kamei

San Diego International Law Journal

This paper will address the strengths and weaknesses of the German approach as well as the potential use of this approach by American states, with particular emphasis given to the conflict between the right to know one’s origins and a child’s right to care and support. Part II discusses the challenge of defining legal paternity in an age of genetic certainty. It will first give a brief explanation of how courts have used functional–social and genetic considerations in defining legal paternity. It will then evaluate the legal implications of this approach on the rights of the father, mother, and child. …

Slides: The Elusive Bonanza, Randy Udall

The Promise and Peril of Oil Shale Development (February 5)

Presenter: Randy Udall, Co-founder, Association for the Study of Peak Oil-USA

62 slides

Museums And Self-Regulation: Assessing The Impact Of Newly Promulgated Guidelines On The Litigation Of Cultural Property, Rachel Dubin

University of Miami Business Law Review

No abstract provided.

The U.S. And German Interpretations Of The Vienna Convention On Consular Relations: Is Any Constitutional Court Really Cosmopolitan?, Peter A. Heinlein

Maryland Journal of International Law

No abstract provided.

Utilitarian Information Works - Is Originality The Proper Lens?, Dana Beldiman

Marquette Intellectual Property Law Review

As the information society advances, vastly increased numbers of utilitarian information works (UIW) are being produced. In general, these works are deemed protected by copyright law, even though the philosophical underpinnings of copyright law clash with the attributes of UIW. This Article examines the cause for the uneasy relationship between UIW and the concept of originality. Part I discusses the role of information and UIW as one of the core wealth-producing assets of the knowledge-based economy. This economy is characterized by a rapid pace of innovation, which in turn, requires unrestricted access to information. Part II examines copyright law as …

Spirit Of Nuremberg And Henry T. King, Jr., The, David M. Crane

Case Western Reserve Law Review

No abstract provided.

Henry T. King, Jr., At Case, And On The Nuremberg Case, John Q. Barrett

Case Western Reserve Law Review

No abstract provided.

The Basic Law At 60 - Equality And Difference: A Proposal For The Guest List To The Birthday Party, Susanne Baer

Articles

The German constitution, named "Basic Law", has proven to work although many did not believe in it when it was framed. Others emphasize desiderata. Sabine Berghahn commented at the 50th birthday that it has developed "far too slowly and [some] has even gone completely wrong." ' Jutta Limbach, former President of the Federal Constitutional Court, observed that constitutional history was "anything but regal, but very difficult and full of obstacles. '' 2 Former Chancellor Willy Brandt famously called the constitution "a snail on thin ice." So what is missing when we analyze the Basic Law, and what should be finally …

A Closer Look At Law: Human Rights As Multi-Level Sites Of Struggles Over Multi-Dimensional Equality, Susanne Baer

Articles

In many societies, deep conflicts arise around religious matters, and around equality. Often, religious collectives demand the right to self-determination of issues considered - by them - to be their own, and these demands collide with individual rights to, again, religious freedom. These are thus conflicts of religion v. religion. Then, collective religious freedom tends to become an obligation for all those who are defined as belonging to the collective, which carries the problem that mostly elites define its meaning and they silence dissent. Usually, such obligations are also unequal relating to gender, with different regimes for women and for …

The Basic Law At 60 - Introduction To The Special Issue, Susanne Baer, Christian Boulanger, Alexander Klose, Rosemarie Will

Articles

For Germany 2009 was a year of constitutional anniversaries: the first democratic constitution (Paulskirchenverfassung of 1849) was promulgated 160 years ago; the 1919 Weimar Constitution would have turned 90; and finally, the country celebrated 60 years of the Basic Law, which was proclaimed and signed in Bonn on 23 May 1949. Despite its birth in the midst of economic and political turmoil and widespread disillusion with politics, the Basic Law has come to be regarded as a "success story." As is well known, it was never meant to last - the very term "Grundgesetz" (basic law) indicated that it was …