Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Penn State Law (30)
- Seattle University School of Law (18)
- Columbia Law School (6)
- Maurer School of Law: Indiana University (6)
- Selected Works (6)
-
- SelectedWorks (6)
- UIC School of Law (6)
- University of Maryland Francis King Carey School of Law (6)
- The Peter A. Allard School of Law (5)
- University of Florida Levin College of Law (4)
- Case Western Reserve University School of Law (3)
- University of Michigan Law School (3)
- American University Washington College of Law (2)
- Cornell University Law School (2)
- Florida International University College of Law (2)
- Pepperdine University (2)
- Roger Williams University (2)
- University of California, Irvine School of Law (2)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (2)
- University of Pittsburgh School of Law (2)
- University of the Pacific (2)
- Vanderbilt University Law School (2)
- Wayne State University (2)
- Boston University School of Law (1)
- Duke Law (1)
- Duquesne University School of Law (1)
- Fordham Law School (1)
- Georgia State University College of Law (1)
- Loyola University Chicago (1)
- Pace University (1)
- Keyword
-
- Human rights (12)
- Mediation (10)
- Peacemaking (8)
- International order (7)
- Iran (7)
-
- Law (7)
- NPT (7)
- Nuclear (7)
- Use of force (7)
- Jurisdiction (6)
- International Law (5)
- ATS (4)
- Alien Tort Statute (4)
- Constitutional law (4)
- Constitutionalism (4)
- International law (4)
- Nonproliferation treaty (4)
- Environmental law (3)
- Globalization (3)
- Habermas (3)
- Legitimacy (3)
- Private international law (3)
- Societal Constitutionalism (3)
- United Nations (3)
- Antitrust (2)
- Brazil (2)
- China (2)
- Choice of law (2)
- Commercial Law (2)
- Comparative law (2)
- Publication
-
- Penn State Journal of Law & International Affairs (29)
- Seattle Journal for Social Justice (16)
- Columbia Center on Sustainable Investment Staff Publications (5)
- Indiana Journal of Global Legal Studies (5)
- Maryland Journal of International Law (5)
-
- Articles (4)
- Faculty Scholarship (4)
- John Marshall Global Markets Law Journal (4)
- Transnational Business Governance Interactions Working Papers (4)
- UF Law Faculty Publications (4)
- Canada-United States Law Journal (3)
- American University Business Law Review (2)
- Cornell Law Faculty Publications (2)
- David Ingram (2)
- Faculty Publications (2)
- Journal Articles (2)
- Law Faculty Research Publications (2)
- Law Faculty Scholarship (2)
- Michigan Journal of International Law (2)
- Pasha L. Hsieh (2)
- UC Irvine Law Review (2)
- Vanderbilt Journal of Transnational Law (2)
- All Faculty Publications (1)
- All Faculty Scholarship (1)
- Articles by Maurer Faculty (1)
- Boyd Briefs / Road Scholars (1)
- Chimene I Keitner (1)
- David C Bell (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Faculty Journal Articles and Book Chapters (1)
- Publication Type
Articles 121 - 136 of 136
Full-Text Articles in Law
Who Governs? Delegations In Global Trade Lawmaking, Terence C. Halliday, Josh Pacewicz, Susan Block-Lieb
Who Governs? Delegations In Global Trade Lawmaking, Terence C. Halliday, Josh Pacewicz, Susan Block-Lieb
Faculty Scholarship
Who governs international trade law regimes? Although this question has attracted much research for global regulatory regimes, very little is known about international trade law organizations which function as global legislatures. This paper focuses on hitherto invisible attributes of the inner core of global legislators - the state and non-state delegations and delegations that create global norms for private international trade law through the most prominent global trade legislature, the United Nations Commission on International Trade Law (UNCITRAL). Based on ten years of fieldwork, extensive interviews, and unique data on delegation attendance and participation in UNCITRAL’s Working Group on Insolvency, …
Dreaming Denationalized Law: Scholarship On Autonomous International Arbitration As Utopian Literature, Ralf Michaels
Dreaming Denationalized Law: Scholarship On Autonomous International Arbitration As Utopian Literature, Ralf Michaels
Faculty Scholarship
A completely denationalised law is of course a utopia. But it is a utopia not just in the broad sense of being unrealistic, at least for the present, and perhaps also for the future. No, it is a utopia in the very literal sense of the word. Recall what utopia means in Greek: no place. Delocalised arbitration, non-state law, is, quite literally, no-place law. It thus makes up a utopia in the central meaning of the term.
International Commercial Arbitration should be just about money. But its scholarship is full of invocations of dreams, visions, faith, utopia. These are not …
Volume 38, Canada-United States Law Journal
Volume 38, Canada-United States Law Journal
Canada-United States Law Journal
No abstract provided.
Report On Usa, Stephen C. Thaman
Report On Usa, Stephen C. Thaman
All Faculty Scholarship
This chapter in the book on transnational inquiries and the protection of fundamental rights in criminal proceedings takes into account the particular, and perhaps unique situation in the United States (US) following the terrorist attacks on 11 September 2001. It explores the laws regulating inquiries by foreign governments who seek evidence in the US to use in criminal proceedings overseas, but primarily the protections recognized by US statutes and jurisprudence when US officials gather evidence abroad. In this respect, the chapter focuses on protections during interrogations, searches, interceptions of confidential communications, and examinations of witnesses and explores when the protection …
State Court International Human Rights Litigation: A Concerning Trend?, Austen L. Parrish
State Court International Human Rights Litigation: A Concerning Trend?, Austen L. Parrish
Articles by Maurer Faculty
The brief symposium contribution explores human rights litigation in U.S. state courts under state law. Faced with higher hurdles to successfully asserting Alien Tort Statute claims in U.S. courts and reluctant to re-embrace more traditional international lawmaking, human rights advocates have begun to experiment with alternative strategies for redressing human rights violations. One strategy involves state court litigation. Some commentators believe that state courts may prove more amenable to enforcing and advancing human rights. This symposium contribution explores the parallels between the recent willingness to consider state court litigation to remedy human rights violations occurring abroad and other state court …
Dynamic Governance Innovation, Elizabeth Burleson
Dynamic Governance Innovation, Elizabeth Burleson
Elisabeth Haub School of Law Faculty Publications
This article frames environmentally sound innovation in the context of transnational network theory with the goal of setting forth a preliminary framework for international legal policy coherence. I consider how network dynamics can facilitate broad diffusion of environmentally sound technologies, concluding that what appears to be fragmented trade, environment, and human rights regimes are indeed sustainable development building blocks with which to achieve dynamic governance. Collaborative environmentally sound innovation networking may be able to shepherd whole renewable energy sectors across the innovation valley of death and help turn a global responsibility to ramp up green technology into a global initiative …
Inspection And Seizure Of Seizure Of "Armed And Equipped" Somali Pirates: Lessons From The British And American Anti-Slavery Squadrons (1808-1860), John I. Winn
Seattle University Law Review SUpra
No abstract provided.
The Kiobel Presumption And Extraterritoriality, Sarah H. Cleveland
The Kiobel Presumption And Extraterritoriality, Sarah H. Cleveland
Faculty Scholarship
With its modem rebirth in Filartiga v. Pena-Irala, the Alien Tort Statute (ATS) held out a potentially transformative promise. By establishing a forum in the United States for a victim of torture that had occurred at the hands of a Paraguayan police inspector in Paraguay, the ATS offered to emancipate the state-centered Westphalian system from a narrow focus on territorial sovereignty, and move toward a more globalized community focused on the protection of universal values. The ATS recognized that modem human rights perpetrators, victims, and violations move easily across borders, and that transnational accountability for such violations is in the …
Truth Commission Impact: A Participation-Based Implementation Agenda, Tara J. Melish
Truth Commission Impact: A Participation-Based Implementation Agenda, Tara J. Melish
Journal Articles
With a focus on truth commissions, this Essay argues for a new approach to assessing the impact or effectiveness of transitional justice mechanisms. It recognizes at least four discernible approaches to impact assessment in the current literature. I term these “Quantifiable Truth,” “Victim Perception,” “Formal Political Rights,” and “Redistributive Development.” While each has added important and complementary insights to the field, each has also exhibited important weaknesses in its ability to speak persuasively to the question of meaningful long-term impact on the societal dynamics and institutions that lead to violence in the first place. To help fill this gap, I …
The Emerging Restrictions On Sovereign Immunity: Peremptory Norms Of International Law, The U.N. Charter, And The Application Of Modern Communications Theory, Winston P. Nagan, Joshua L. Root
The Emerging Restrictions On Sovereign Immunity: Peremptory Norms Of International Law, The U.N. Charter, And The Application Of Modern Communications Theory, Winston P. Nagan, Joshua L. Root
UF Law Faculty Publications
The article provides a fresh re-examination of the conceptual foundations of the sovereign immunity doctrine in the light of the changing character of sovereignty itself. This is done in the context of the changing expectations in international law generated by the UN Charter, and the development of human rights and humanitarian law. The article applies the innovative communications theories generated by the New Haven School to provide a more realistic and relevant approach to the issue of international law-making in this area. The article provides an overview of the emergence of changed expectations relating to the restrictions on the scope …
From Opera To Real Democracy: Popular Constitutionalism And Web 2.0, Elizabeth Dale
From Opera To Real Democracy: Popular Constitutionalism And Web 2.0, Elizabeth Dale
UF Law Faculty Publications
On March 17, 2011 the conductor Riccardo Muti stood in the orchestra pit at the Teatro dell’Opera di Roma and, in the presence of the Italian Prime Minister, Silvio Berlusconi, and the Italian President, Giorgio Napolitano, denounced the Italian government’s cuts to funding for the arts and culture. He then invited the entire audience to join the opera’s chorus in an encore of Va’ Pensiero, the hymn of the Hebrew slaves in Nabucco, to protest the cuts. Within two days of the sing-a-long, the Italian government reversed the course it set more than ten months before and agreed to a …
The Role Of Foreign Authorities In U.S. Asylum Adjudication, Fatma E. Marouf
The Role Of Foreign Authorities In U.S. Asylum Adjudication, Fatma E. Marouf
Scholarly Works
U.S. asylum law is based on a domestic statute that incorporates an international treaty, the U.N. Protocol Relating to the Status of Refugees. While Supreme Court cases indicate that the rules of treaty interpretation apply to an incorporative statute, courts analyzing the statutory asylum provisions fail to give weight to the interpretations of our sister signatories, which is one of the distinctive and uncontroversial principles of treaty interpretation. This Article highlights this significant omission and urges courts to examine the interpretations of other States Parties to the Protocol in asylum cases. Using as an example the current debate over social …
Federal Judicial Center International Litigation Guide: Recognition And Enforcement Of Foreign Judgments, Ronald A. Brand
Federal Judicial Center International Litigation Guide: Recognition And Enforcement Of Foreign Judgments, Ronald A. Brand
Articles
This publication was prepared for the U.S. Federal Judicial Center as a guide for Federal Judges on the recognition and enforcement of foreign judgments. It covers applicable law in federal courts, the issues raised when a foreign judgments recognition case, grounds for non-recognition (and their sources in the law), and recent developments that may affect future adjustments in the rules. The law in those states that have adopted one of the Uniform Acts is covered, as is the law in states that remain under a common law system for recognition and enforcement of judgments. Also covered is the 2005 Hague …
Mass Torts And Universal Jurisdiction, Vivian Grosswald Curran
Mass Torts And Universal Jurisdiction, Vivian Grosswald Curran
Articles
The technologies of the present era mean that injuries have become more massive in dimension. Mass torts affect greater numbers of people and larger geographical areas. Consequently, they can cross borders, affecting the populations of multiple countries. One of the two mechanisms in tort law for remedying mass catastrophes. restricted to cases involving jus cogens violations (namely, violations of human rights so grave as to be against international customary law, or the "law of nations"), is universal jurisdiction pursuant to the Alien Tort Statute (ATS).
Despite the distinctive official restriction of universal jurisdiction to the criminal law domain in civilian …
Comparing Apples And Oranges In Trademark Law: Challenging International And Constitutional Validity Of Plain Packaging Of Tobacco Products, 13 J. Marshall Rev. Intell. Prop. L. 130 (2013), Sarah A. Hinchliffe
Comparing Apples And Oranges In Trademark Law: Challenging International And Constitutional Validity Of Plain Packaging Of Tobacco Products, 13 J. Marshall Rev. Intell. Prop. L. 130 (2013), Sarah A. Hinchliffe
UIC Review of Intellectual Property Law
Plain packaging, a new tobacco control tool being considered by a growing number of countries, mandates the removal of all attractive and promotional aspects of tobacco product packages. As a result of plain packaging, the only authorized feature remaining on a tobacco package is the brand name, displayed in a standardized font, size, color, and location on the package. At issue is the meaning of “use” of trademarks on plain packaging, and whether plain packaging amounts to the creation of an invalid encumbrance. The tobacco industry and other regulated sectors (including wine, fast-food, and pharmaceuticals) also believe that plain packaging …
State Courts And Transitory Torts In Transnational Human Rights Cases, Chimene I. Keitner
State Courts And Transitory Torts In Transnational Human Rights Cases, Chimene I. Keitner
Chimene I Keitner
No abstract provided.