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Articles 1 - 30 of 66
Full-Text Articles in Law
Reach Revisited: A Framework For Evaluating Whether A Non-Tariff Measure Has Matured Into An Actionable Non-Tariff Barrier To Trade, Lawrence A, Kogan
Reach Revisited: A Framework For Evaluating Whether A Non-Tariff Measure Has Matured Into An Actionable Non-Tariff Barrier To Trade, Lawrence A, Kogan
American University International Law Review
No abstract provided.
Singing Songs In A Strange Land: The Plight Of Haitian Children In The Space Of International Adoption., Glenys P. Spence
Singing Songs In A Strange Land: The Plight Of Haitian Children In The Space Of International Adoption., Glenys P. Spence
The Scholar: St. Mary's Law Review on Race and Social Justice
The best interests of children are not served by severing the familial bonds contemplated by international adoption law. Nonetheless, because of the high costs of the international adoption process, efforts to adopt their Haitian orphan relatives are ignored. In attempts to guarantee the “best interests of the child” are met, the United Nations Convention on the Rights of the Child (CRC) and the Hague Convention on the Protection of Children Co-Operative Respect of Intercountry Adoptions (Adoption Convention) were created as the two governing bodies of international adoption law. Global South countries, including Haiti, however, have not ratified the Adoption Convention. …
Practice Meets Theory: Using Moots As A Tool To Teach Human Rights Law, Paula Gerber, Melissa Castan
Practice Meets Theory: Using Moots As A Tool To Teach Human Rights Law, Paula Gerber, Melissa Castan
Journal of Legal Education
No abstract provided.
High Seas, High Stakes: Jurisdiction Over Stateless Vessels And An Excess Of Congressional Power Under The Drug Trafficking Vessel Interdiction Act, Ann Marie Brodarick
High Seas, High Stakes: Jurisdiction Over Stateless Vessels And An Excess Of Congressional Power Under The Drug Trafficking Vessel Interdiction Act, Ann Marie Brodarick
University of Miami Law Review
No abstract provided.
Universal Civil Jurisdiction And The Extraterritorial Reach Of The Alien Tort Statute: The Case Of Kiobel Before The United States Supreme Court, Paul Barker
University of Miami International and Comparative Law Review
No abstract provided.
Federal Constitutions, Global Governance, And The Role Of Forests In Regulating Climate Change, Blake Hudson
Federal Constitutions, Global Governance, And The Role Of Forests In Regulating Climate Change, Blake Hudson
Indiana Law Journal
Federal systems of government present more difficulties for international treaty formation than perhaps any other form of governance. Federal constitutions that grant subnational governments virtually exclusive regulatory authority over certain subject matter may constrain national governments during international negotiations—a national government that cannot constitutionally bind subnational governments to an international agreement cannot freely arrange its international obligations. While federal nations that grant subnational governments exclusive regulatory control obviously place value on stringent decentralization and the benefits it provides in those regulatory areas, the difficulty lies in striking a balance between global governance and constitutional decentralization in federal systems. Recent scholarship …
Value Divergence In Global Intellectual Property Law, J. Janewa Oseitutu
Value Divergence In Global Intellectual Property Law, J. Janewa Oseitutu
Indiana Law Journal
It is a challenge for the United States to adequately protect the interests of its intellectual property industries. It is particularly difficult to effectively achieve this objective when the interests of the United States are not in line with the social, cultural, and economic goals of other nations. Yet, as a major exporter of intellectual property protected goods, the United States has an interest in negotiating effective international intellectual property agreements that are perceived to be legitimate by the state signatories and their constituents. Focusing on value divergence, this Article contributes to the growing body of literature on developing a …
Bio-Cultural Knowledge And The Challenges Of Intellectual Property Rights Regimes For African Development, Ikechi Mgbeoji
Bio-Cultural Knowledge And The Challenges Of Intellectual Property Rights Regimes For African Development, Ikechi Mgbeoji
Dalhousie Law Journal
African states have, since the colonial encounter, been part of the international regimes on intellectual property rights. Formal accession to various treaties and conventions on intellectual property rights instruments should not be mistaken for actual internalization of the policies, structures and norms required for reaping the promised benefits of participation in such regimes. There is ample evidence showing that most African states do not have the requisite structures for fruitful engagement with international intellectual property rights regimes. Until this anomaly is rectified, African states' engagement with international intellectual property regimes will remain structurally flawed and inimical to the human development …
Walled Gardens Of Privacy Or “Binding Corporate Rules?”: A Critical Look At International Protection Of Online Privacy, Joanna Kulesza
Walled Gardens Of Privacy Or “Binding Corporate Rules?”: A Critical Look At International Protection Of Online Privacy, Joanna Kulesza
University of Arkansas at Little Rock Law Review
A growing concern in the era of cloud computing is protecting Internet users' privacy. This concern is compounded by the fact that there are no effective international solutions. This article considers the latest European Union (EU) proposed development in this area – a regulatory model based on amended Binding Corporate Rules (BCR) – as introduced by the EU Justice Commissioner. These planned changes would have worldwide effects on international companies' online activities in transboundary cyberspace.
After providing a background on the concept of defining privacy in general, the article describes the BCR proposal, and proceeds to consider the likelihood of …
The Ferrini Doctrine: Abrogating State Immunity From Civil Suit For Jus Cogens Violations, Natasha Marusja Saputo
The Ferrini Doctrine: Abrogating State Immunity From Civil Suit For Jus Cogens Violations, Natasha Marusja Saputo
University of Miami National Security & Armed Conflict Law Review
Article 10 of the Italian Constitution incorporates generally recognized principles of international law. Thus, State immunity from civil suit in the domestic courts of another State—a principle generally recognized in international law—would apply in Italy. However, the protection of fundamental human rights is another generally recognized principle in international law and the ostensible conflict between these two principles has resulted in a series of controversial rulings issued by the Italian Court of Cassation. These rulings allow for the abrogation of State immunity from civil suit in the domestic courts of another State for alleged violations of jus cogens or peremptory …
From Noise To Music: The Potential Of The Multi-Door Courthouse (Casas De Justicia) Model To Advance Systemic Inclusion And Participation As A Foundation For Sustainable Rule Of Law In Latin America , Mariana Hernandez-Crespo
From Noise To Music: The Potential Of The Multi-Door Courthouse (Casas De Justicia) Model To Advance Systemic Inclusion And Participation As A Foundation For Sustainable Rule Of Law In Latin America , Mariana Hernandez-Crespo
Journal of Dispute Resolution
International bodies have attempted to provide a more sustainable response to instability through legal reform with an emphasis on rule of law, access to justice, and the use of alternative or appropriate dispute resolution. Yet, in Latin America of yesterday and today, there is a marked gap between law on the books and law in action, due in part to lack of citizen engagement.
Internet Solutions V. Marshall: The Overreach Of Florida's Long-Arm, Michael K. Steinberger
Internet Solutions V. Marshall: The Overreach Of Florida's Long-Arm, Michael K. Steinberger
University of Miami Law Review
No abstract provided.
Learning From Libya, Acting In Syria, Caitlin A. Buckley
Learning From Libya, Acting In Syria, Caitlin A. Buckley
Journal of Strategic Security
The international community has reached an impasse. The violence committed by Syrian President Assad's government against opposition forces, who have been calling for democratic reform, regime change, and expanded rights, has necessitated a response from the international community. This article explores various ways the international community could respond to the crisis in Syria and the consequences of each approach. It compares the current calamity in Syria to the crisis in Libya and examines the international community's response to the violence perpetrated by Qaddafi's regime. It further analyzes reports, primarily from the UN and news sources, about the ongoing predicament in …
Pows Left In The Cold: Compensation Eludes American Wwii Slave Laborers For Private Japanese Companies, Jennifer Joseph
Pows Left In The Cold: Compensation Eludes American Wwii Slave Laborers For Private Japanese Companies, Jennifer Joseph
Pepperdine Law Review
No abstract provided.
International Law As Part Of Our Law: A Constitutional Perspective , Michael D. Ramsey
International Law As Part Of Our Law: A Constitutional Perspective , Michael D. Ramsey
Pepperdine Law Review
No abstract provided.
Calling Children To Account: The Proposal For A Juvenile Chamber In The Special Court For Sierra Leone, Diane Marie Amann
Calling Children To Account: The Proposal For A Juvenile Chamber In The Special Court For Sierra Leone, Diane Marie Amann
Pepperdine Law Review
No abstract provided.
Repairing The Consequences Of Ethnic Cleansing, John Quigley
Repairing The Consequences Of Ethnic Cleansing, John Quigley
Pepperdine Law Review
No abstract provided.
Traveling To The Hague In A Worn-Out Shoe, Friedrich K. Juenger
Traveling To The Hague In A Worn-Out Shoe, Friedrich K. Juenger
Pepperdine Law Review
No abstract provided.
The Tattered Tapestry Of International Law, William J. Aceves
The Tattered Tapestry Of International Law, William J. Aceves
Pepperdine Law Review
No abstract provided.
Book Review Of Stones Of Hope: How African Activists Reclaim Human Rights To Challenge Global Poverty, By Lucie E. White And Jeremy Perelman, Eds., Scott L. Cummings
Book Review Of Stones Of Hope: How African Activists Reclaim Human Rights To Challenge Global Poverty, By Lucie E. White And Jeremy Perelman, Eds., Scott L. Cummings
Journal of Legal Education
No abstract provided.
A New Paradigm For The Alien Tort Statute Under Extraterritoriality And The Universality Principle, Jason Jarvis
A New Paradigm For The Alien Tort Statute Under Extraterritoriality And The Universality Principle, Jason Jarvis
Pepperdine Law Review
No abstract provided.
Filling The Gap Between Morality And Jurisprudence: The Use Of Binding Arbitration To Resolve Claims Of Restitution Regarding Nazi-Stolen Art , Rebecca Keim
Pepperdine Dispute Resolution Law Journal
Recognizing the gaps in existing legislation, this article will argue that disputes arising between claimants and museums regarding the repatriation of Nazi-looted artwork should be decided by binding arbitration rather than litigation. To facilitate such arbitration, international law should support the creation of an arbitration commission, which would provide the most efficient and consistent way to resolve claims. Moreover, a neutral forum with clear rules of law and procedure capable of resolving claims would not only be more fair to claimants, but also to museums and personal collectors. This article will first discuss the severity and magnitude of Nazi looting …
Renegotiating Third World Debt , Arash S. Arabi
Renegotiating Third World Debt , Arash S. Arabi
Pepperdine Dispute Resolution Law Journal
The debt crisis facing the Third World is one so severe that it threatens to shatter the economy of countless nations and leaves the future of their lenders in doubt. The only viable solution is to come up with an "alternative" method of dispute resolution to deal with the debt crisis - one that is a cross between arbitration and mediation. A disinterested body should be created to recover some, or if possible, all of the outstanding loans owed to financial institutions, while alleviating the extreme hardships the debt and current debt repayment methods have inflicted. It should be noted, …
The Trouble With Treasure: Historic Shipwrecks Discovered In International Waters, Cathryn Henn
The Trouble With Treasure: Historic Shipwrecks Discovered In International Waters, Cathryn Henn
University of Miami International and Comparative Law Review
No abstract provided.
Deterring And Dissuading Nuclear Terrorism, John J. Klein
Deterring And Dissuading Nuclear Terrorism, John J. Klein
Journal of Strategic Security
While nuclear deterrence theory may be well-suited to dealing with nuclear-armed states, its suitability for deterring nuclear terrorism has frequently been questioned since 9/11. While terrorist organizations do not necessarily act uniformly or according to the same underlying beliefs, many of the most aggressive organizations are motivated by an ideology that embraces martyrdom and an apocalyptic vision.1 This ideology may be based on religion or a desire to overthrow a government. Consequently, terrorists motivated by ideology who intend to use a stolen or improvised nuclear device against the United States or its interests may not care about the resulting military …
Justice Jackson's 1946 Nuremberg Reflections At Buffalo: An Introduction, Alfred S. Konefsky, Tara J. Melish
Justice Jackson's 1946 Nuremberg Reflections At Buffalo: An Introduction, Alfred S. Konefsky, Tara J. Melish
Buffalo Law Review
This Essay introduces the 2011 James McCormick Mitchell Lecture, “From Nuremberg to Buffalo: Justice Jackson’s Enduring Lessons of Morality and Law in a World at War,” a commemoration of Jackson’s 1946 centennial convocation speech at the University of Buffalo. It discusses Jackson’s speech, breaks down its thematic components, and situates the distinguished Mitchell Lecturers’ responses to it in context. Unlike Justice Jackson’s commanding and historic opening and closing statements as U.S. chief prosecutor at Nuremberg, Jackson’s 1946 speech, delivered just days after his return from Germany where he heard the Nuremberg Tribunal deliver its final judgment and verdicts, has largely …
Foreword, Tracey Jean Boisseau
The Global "Parliament Of Mothers": History, The Revolutionary Tradition, And International Law In The Pre-War Women's Movement, Susan Hinely
Chicago-Kent Law Review
In spite of recent literature that examines late nineteenth and early twentieth century transnational movements in innovative ways, the largest transnational movement of that period, the women's movement, remains lodged in academic and popular memory as the "suffrage movement," a single-issue campaign waged by privileged Victorian women, a foregone development in the march of electoral progress that ended in victory with postwar enfranchisement. A fresh approach to the suffrage archive reveals instead a far more radical movement than conventional history suggests, one that explicitly linked its cause with both the revolutionary democratic tradition and with anti-colonial activism. Like the non-Western …
The Wane In Spain (Of Universal Jurisdiction): Spain's Forgetful Democratic Transition And The Prosecution Of Tyrants, James J. Friedberg
The Wane In Spain (Of Universal Jurisdiction): Spain's Forgetful Democratic Transition And The Prosecution Of Tyrants, James J. Friedberg
West Virginia Law Review
No abstract provided.
Is There Anything To Fear In Transnationalist Development Of Law? The Australian Experience, Paul Von Nessen
Is There Anything To Fear In Transnationalist Development Of Law? The Australian Experience, Paul Von Nessen
Pepperdine Law Review
No abstract provided.