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Articles 391 - 420 of 14046
Full-Text Articles in Law
Judging Discriminatory Intent, Aziz Huq
Judging Discriminatory Intent, Aziz Huq
Public Law and Legal Theory Working Papers
No abstract provided.
Presidential Obstruction Of Justice, Daniel Hemel, Eric A. Posner
Presidential Obstruction Of Justice, Daniel Hemel, Eric A. Posner
Public Law and Legal Theory Working Papers
No abstract provided.
Uk Governance: From Overloading To Freeloading, Richard Woodward
Uk Governance: From Overloading To Freeloading, Richard Woodward
Articles
The UK's ongoing political turbulence has prompted a reprise of debates from the 1970s when many concluded the country was ungovernable. Then, the most influential diagnosis conceptualised the UK's governance problem as one of ‘overloading’ caused by the electorate's excessive expectations. This article argues that these accounts overlooked another phenomenon besieging UK governance during this period. This phenomenon was freeloading: the withering of government capacity deriving from the ability of actors to enjoy the benefits of citizenship without altogether contributing to the cost. In the interim, these problems have become endemic, not least because of the unspoken but discernible policy …
Sherlock Holmes Meets Rube Goldberg: Fixing The Entry-Into-Force Provisions Of The Comprehensive Nuclear Test Ban Treaty, David A. Koplow
Sherlock Holmes Meets Rube Goldberg: Fixing The Entry-Into-Force Provisions Of The Comprehensive Nuclear Test Ban Treaty, David A. Koplow
Duke Journal of Comparative & International Law
The Comprehensive Nuclear Test Ban Treaty (CTBT) is widely heralded as the most important international legal instrument for arresting the nuclear arms race and impeding further nuclear proliferation. Concluded in 1996, the treaty has been signed by 183 countries and ratified by 166. But it has not yet entered into force, because of its unique requirement that it not become operational for any state until it has been ratified by all forty-four countries designated in its Annex 2. Thirty-six of those Annex 2 states have ratified, but there is little prospect that all of the other eight (including the United …
Bank Of Amerlca, N.A., Pjaintiff-Appeljant, V. Loraine Sundquist And John Doe/Jane Doe/Occupant Doug Kahler, An Individual, Defendants-Appe11ees., Utah Supreme Court
Bank Of Amerlca, N.A., Pjaintiff-Appeljant, V. Loraine Sundquist And John Doe/Jane Doe/Occupant Doug Kahler, An Individual, Defendants-Appe11ees., Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
On Appeal from the Third District Court, Salt Lake County Case No. 110408730 EV (Judge Bruce C. Lubeck)
Video Review; Routine Data Sharing Practices Place Video-Streaming Providers In The Crosshairs Of The Video Privacy Protection Act, Jeremiah P. Ledwidge
Video Review; Routine Data Sharing Practices Place Video-Streaming Providers In The Crosshairs Of The Video Privacy Protection Act, Jeremiah P. Ledwidge
Brooklyn Journal of Corporate, Financial & Commercial Law
The Video Privacy Protection Act of 1988 (VPPA) creates a private cause of action for any consumer whose personally identifiable information has been disclosed by a video tape service provider to a third party. The rapid growth of media companies that provide free internet-based video-streaming services, and the technologically-advanced advertising methods employed to fund this business model, have created uncertainty regarding the specific consumer segments the VPPA is designed to protect. The extensive role that third-party providers play in the collection, analysis, and segmentation of user data in the personalized advertising process raises justifiable privacy concerns for consumers. Recent VPPA …
The Fourth Circuit Travel Ban Argument: Framing The Challengers’ Case For The Supreme Court, Peter Margulies
The Fourth Circuit Travel Ban Argument: Framing The Challengers’ Case For The Supreme Court, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Peran Jabhat Al-Nusra Dalam Memberikan Tantangan Terhadap Kebijakan Amerika Serikat Mendukung Kelompok Oposisi Pada Konflik Bersenjata Di Suriah, Muhammad Rizky Nur Kamrullah
Peran Jabhat Al-Nusra Dalam Memberikan Tantangan Terhadap Kebijakan Amerika Serikat Mendukung Kelompok Oposisi Pada Konflik Bersenjata Di Suriah, Muhammad Rizky Nur Kamrullah
Global: Jurnal Politik Internasional
The role of non-state actor in contemporary world politics is increasingly important. After 9/11, scholars of security study and security practitioners begin to concern about the non-state actors which usually called as terrorist group or terrorist organization. The use of violence by those actors makes them can be classified as Violent Non-state Actor (VNSA). It cannot be denied that VNSAs activity can affect the state security policy and provoke state to war against them. Therefore, this paper will examine Jabhat al-Nusra—as an actor with tied to Al-Qaeda—involvement in the Syrian armed conflict, as a phenomenon that illustrates the role and …
Evolusi Konsep Keamanan Energi, Arshie Ramadhani
Evolusi Konsep Keamanan Energi, Arshie Ramadhani
Global: Jurnal Politik Internasional
Energy security concept is contextual and understood in different ways in different context. This paper examines the development of the literatures of energy security. Using chronological method of organization, this paper classifies the literatures into three different periods: 1970-1990, 2000-2010, and post-2010. From this classification, it is found that there is a proliferation of themes in the definition of energy security concept. The concept has expanded from what was initially limited to availability and affordable price, to include themes such as infrastructures, environment, social impacts, efficiency, governance and public policy. This raises a debate as to whether the energy security …
The Impact Of Democratization And International Exposure To Indonesian Counter-Terrorism, Ali Abdullah Wibisono
The Impact Of Democratization And International Exposure To Indonesian Counter-Terrorism, Ali Abdullah Wibisono
Global: Jurnal Politik Internasional
This article explains the influence of the United States of America to Indonesian counter-terrorism. Two aspects of counter-terrorism are explained: effectiveness and adherence to human rights values. It argues that America’s emphasis on the need to forge security cooperation in responding to terrorism facilitated human rights values to be adopted as justification of counter-terrorism, rather than a balancer to its effectiveness. Indonesia’s cooperation with the U.S in counter-terrorism has facilitated the growth of the restitutive or kinetic measures, but neglects a strengthening of political leadership over institutional development of counter-terrorism. The latter can be judged from the absence of policy-evaluation, …
Resolusi Konflik Dalam Perubahan Dunia, I Nyoman Sudira
Resolusi Konflik Dalam Perubahan Dunia, I Nyoman Sudira
Global: Jurnal Politik Internasional
The world has changed speedily in the decade since the end of the Cold War. An old system has disappeared and, even though it is easy to classify what has changed, it is still not yet clear what exactly the new system has taken its place. This changing of the system has given rise to significant questions around how conflict resolution will be able to accommodate all various type and pattern of conflict and able to provide the wide array of methods used to manage and resolve it. This paper will describe two main discussions which later will describe the …
Assessing Country’S Reliance On Renewable Energy Through Energy Profile And Political Economy Aspects: A Cross Countries Study From 1990 To 2012, Santi Hapsari Paramitha, Nurman Hidayat
Assessing Country’S Reliance On Renewable Energy Through Energy Profile And Political Economy Aspects: A Cross Countries Study From 1990 To 2012, Santi Hapsari Paramitha, Nurman Hidayat
Global: Jurnal Politik Internasional
This study examines the relationship between country’s reliance on renewable energy, energy profile, and political economy aspects using dynamic panel data models for a global panel consisting of 43 countries. The time component of our dataset is 1990-2012 inclusive. To make the observation more specific, this study investigates the relationship of a number of sub-samples which are constructed based on the region where the countries belong. In this way, this study ends up with several region samples; namely Western, Asia, Middle East (ME), Africa, Commonwealth of Independent States (CIS), and Latin America. In the empirical part, this study performs a …
Regional International Courts In Search Of Relevance: Adjudicating Politically Sensitive Disputes In Central America And The Caribbean, Salvatore Caserta
Regional International Courts In Search Of Relevance: Adjudicating Politically Sensitive Disputes In Central America And The Caribbean, Salvatore Caserta
Duke Journal of Comparative & International Law
The Central American and the Caribbean Courts of Justice (CACJ and CCJ) are hybrid judicial institutions. While their Member States envisioned them as "EU-style" regional economic courts, they have explored the whole extension of their formally delegated functions and have developed peculiar expertise in matters relating to freedom of movement, human and fundamental rights, and other politically fraught issues. The article explains how two International Courts (ICs) seemingly established to build common markets have come to adjudicate high-stakes political disputes, which, ostensibly, have little to do with regional economic integration. The article posits that the scholarship on delegation to ICs …
Equity Extraterritoriality, S. Nathan Park
Equity Extraterritoriality, S. Nathan Park
Duke Journal of Comparative & International Law
Territoriality is a foundational principle of international order, and U.S. laws have always operated on a territorial basis. However, when U.S. jurisprudence speaks of extraterritorial application of its laws, it is usually assessing whether the legislature or the court has jurisdiction over persons, properties and conducts outside of the territorial borders of the United States. This paper argues that such a conception of the extraterritoriality doctrine only reveals half of the picture, because U.S. courts may indirectly apply U.S. law beyond U.S. borders through extraterritorial court orders without relying on extraterritorial jurisdiction. I term such exercise of extraterritorial power "Equity …
Restructuring Venezuela's Debt Using Pari Passu, Khaled Fayyad, Dimitrios Lyratzakis
Restructuring Venezuela's Debt Using Pari Passu, Khaled Fayyad, Dimitrios Lyratzakis
Duke Journal of Comparative & International Law
Given the depth of Venezuela's economic crisis, many fear that the government and the state-owned oil company Petroleos de Venezuela, S.A. ("PDVSA") are on the brink of insolvency. In this paper, we introduce a restructuring plan that would allow Venezuela to restructure its external debt in an orderly manner. We propose that Venezuela restructure both PDVSA debt and its own external debt via Exchange Offers. To maximize the number of participating bondholders and receive sufficient debt relief, we suggest that Venezuela primarily utilize the pari passu clauses included in the vast majority of PDVSA and Venezuelan bonds, which are modified …
An Arctic Peril: The Pitfalls And Potential Of A Fragmentary Polar Law, Erik Vande Stouwe
An Arctic Peril: The Pitfalls And Potential Of A Fragmentary Polar Law, Erik Vande Stouwe
Brooklyn Journal of International Law
As Arctic ice coverage recedes in the face of rising global temperatures, the Arctic Ocean is rapidly becoming a promising frontier over which coastal nations vie. Even as indigenous peoples reckon with ecological catastrophe, the promise of ice-free summers is drawing global shipping giants to invest in sea routes over the northern coasts of Canada and Russia. Hydrocarbon extraction and deep-sea mining interests are clamoring to develop newly accessible regions of the high north, and fishing trawlers are chasing increasingly elusive fisheries further north with the warming Arctic waters. Against this backdrop, tourists on diesel-hungry cruise ships are rushing to …
The “Right” Right To Environmental Protection: What We Can Discern From The American And Indian Constitutional Experience, Deepa Badrinarayana
The “Right” Right To Environmental Protection: What We Can Discern From The American And Indian Constitutional Experience, Deepa Badrinarayana
Brooklyn Journal of International Law
Should there be a constitutional right to environmental protection? Arguments for and against are aplenty, but there is no consensus on this issue. Drawing on the experience within the U.S. and Indian Constitutions, this article posits that the right to environmental protection has normative and practical significance, because a constitutional right attaches to an individual and, hence, can protect an individual from environmental harms, whereas environmental laws, that focus primarily on reducing adverse environmental impact on a general population, may not. It further argues that, to be effective, three constitutionally-embedded rights that are central to preserving the right to environmental …
Indeterminacy In The Law Of War: The Need For An International Advisory Regime, Ariel Zemach
Indeterminacy In The Law Of War: The Need For An International Advisory Regime, Ariel Zemach
Brooklyn Journal of International Law
Indeterminacy in the law of war exacts a severe humanitarian toll, and it is not likely to be reduced by the conclusion of additional treaties. The present article argues that the adverse consequences of this indeterminacy may be mitigated through a U.N. Security Council (SC) action establishing an international advisory regime and using the broad powers of the SC to provide incentives for states to subscribe to this regime voluntarily. States subscribing to the advisory regime (“operating states”) would undertake to follow the interpretation of the law of war laid out by international legal advisors. The advisory regime would represent …
Safeguarding The Future Of Bangladeshi Children: The Need For A Comprehensive National Educational System, Samantha A. Barach
Safeguarding The Future Of Bangladeshi Children: The Need For A Comprehensive National Educational System, Samantha A. Barach
Brooklyn Journal of International Law
The United Nations Convention on the Rights of the Child (CRC)—the human rights treaty ratified by the most States Parties—is binding international law which enumerates the rights guaranteed to all children worldwide. Despite the widespread ratification of the CRC, many countries lack the proper legislation and agencies to ensure that these rights are afforded to all children. One such country is Bangladesh. A relatively new country, Bangladesh gained its independence in 1971 and was one of the first twenty countries to ratify the CRC. Notwithstanding this eagerness to promote children’s rights, Bangladeshi children suffer from a high level of abuse …
Restructuring Intellectual Property Jurisdictions Post-Brexit: Strategic Considerations For The Eu And Britain, Alexandra George
Restructuring Intellectual Property Jurisdictions Post-Brexit: Strategic Considerations For The Eu And Britain, Alexandra George
Brooklyn Journal of International Law
Britain’s decision to “Brexit” from the European Union has caused great uncertainty and justified concern with respect to intellectual property laws and investments. Post-Brexit arrangements between the European Union and Britain have not yet been determined, and it is unclear whether these will be settled with respect to intellectual property law before Brexit is due to take effect in 2019. With intellectual property intensive industries accounting for 88 percent of EU imports and 90 percent of EU exports, British-EU intellectual property arrangements are the subject of intense interest worldwide as intellectual property owners and users speculate as to the likely …
Slipping Through The Cracks: How Digital Music Streaming Cuts Corners On Artists’ Royalty Revenues Globally, Frances Lewis
Slipping Through The Cracks: How Digital Music Streaming Cuts Corners On Artists’ Royalty Revenues Globally, Frances Lewis
Brooklyn Journal of International Law
At a time when the digital distribution of music is dominating the music industry, there are more music consumers than ever. This makes it vitally important for performing artists to receive the credit they are due. An inherent problem in music’s digital distribution market is that music streaming companies often fail to acquire proper licenses to expand their music libraries faster than their competitors. Performing artists who may not have the same income stream as their A-list counterparts often cannot bear the cost of litigation to pursue uncredited royalties. The U.S. class action model provides performing artists with a legal …
The Scrivener’S Secrets Seen Through The Spyglass: Gchq And The International Right To Journalistic Expression, Matthew B. Hurowitz
The Scrivener’S Secrets Seen Through The Spyglass: Gchq And The International Right To Journalistic Expression, Matthew B. Hurowitz
Brooklyn Journal of International Law
As part of the U.K.’s electronic surveillance program, the Government Communications Headquarters (GCHQ), started in 1909 to combat German Spies, now collects metadata from both foreigners and its own citizens. Through the express statutory authority of the Regulation of Investigatory Powers Act of 2000 (RIPA), and a loophole in section 94 of the Telecommunications Act of 1984, the GCHQ collects metadata, which is all of the information that is extrinsic to the actual contents of a communication. The GCHQ can request an authorization from a public authority—a member of its own staff—to collect traffic data, service use information, or subscriber …
Tax In The World Of Antitrust Enforcement: European Commission’S State Aid Investigations Into Eu Member States’ Tax Rulings, Nina Hrushko
Tax In The World Of Antitrust Enforcement: European Commission’S State Aid Investigations Into Eu Member States’ Tax Rulings, Nina Hrushko
Brooklyn Journal of International Law
In August 2016, after a two-year investigation, the European Commission issued a negative State aid ruling against Ireland, finding that the country had provided illegal tax benefits to Apple Inc. and requesting the government to collect €13 billion in retroactive taxes from the company. This decision sparked a heated debate around the globe about the European Commission’s authority to interfere into the individual EU Member States’ fiscal policies and order retroactive tax recoveries. This Note explores the application of EU State aid rules to tax laws and, in particular, EU Member States’ tax rulings, and discusses the European Commission’s investigations …
The Violent Persecution Of The Iranian Bahá’Í: A Call To Take A Human Capabilities Approach To Defining Genocide, Camilia R. Brown
The Violent Persecution Of The Iranian Bahá’Í: A Call To Take A Human Capabilities Approach To Defining Genocide, Camilia R. Brown
Brooklyn Journal of International Law
Iran is home to an estimated 300,000 members of the Bahá’í faith, a global religion that originated in Iran in the early nineteenth century. Since the faith’s inception, thousands of Bahá’ís have been killed, imprisoned, and tortured. Today, they are unable to attend colleges and universities, hold business licenses, bury their dead, or gather for worship. Since the Islamic Revolution in 1979, the current regime has worked to systemically impede the progress of the Bahá’í community. While hundreds of Bahá’ís have died at the hands of the current regime, the high threshold for bringing a case under the intent prong …
Exploiting Latin American Microfinance Deregulation: One Borrower At A Time, Karlamaria Cabral
Exploiting Latin American Microfinance Deregulation: One Borrower At A Time, Karlamaria Cabral
Brooklyn Journal of Corporate, Financial & Commercial Law
Microfinance seeks to eradicate poverty through the economic growth and development that results when seed capital is given to microenterprises. In 2015, Latin America’s microfinance loan portfolio totaled $40 billion USD and included more than twenty-two million borrowers. Due to the current state of microfinance in the region—abusive lending practices and betraying the original goal and purpose of eradicating poverty—this Note advocates for a regional regulatory body, such as the Latin American Microfinance Association, that would develop and assist Latin American countries to implement model legal frameworks that increase client protection, create licensing requirements, establish interest rate caps, and recognize …
Something's Gotta Give: Origin-Based E-Commerce Sales Tax, Juliana Frenkel
Something's Gotta Give: Origin-Based E-Commerce Sales Tax, Juliana Frenkel
Brooklyn Journal of Corporate, Financial & Commercial Law
How to tax interstate online purchases is a frequently debated and contentious topic in the business and tax arena. There are numerous parties affected when a transaction occurs and each affected party would like a taxation policy that benefits its own economic interests, without regard for others. Neither the legislative nor the judicial branch has successfully resolved this e-commerce taxation issue. With the growing need for tax revenue, it is prudent for Congress to finally resolve this circuit split and agree on a unifying Online Sales Tax Law. As opposed to the vast majority of proposals pending in Congress, this …
Sovereign Debt Restructuring And English Governing Law, Steven L. Schwarcz
Sovereign Debt Restructuring And English Governing Law, Steven L. Schwarcz
Brooklyn Journal of Corporate, Financial & Commercial Law
The problem of sovereign indebtedness is becoming a worldwide crisis because nations, unlike individuals and corporations, lack access to bankruptcy laws to restructure unsustainable debt. Decades of international efforts to solve this problem through contracting and attempted treaty-making have failed to provide an adequate debt-restructuring framework. A significant amount of outstanding sovereign debt is governed, however, by English law. This Article argues that the U.K. Parliament has the extraordinary power to help solve the problem of unsustainable country debt by changing English law to facilitate fair and consensual debt restructuring. This Article also proposes modifications to English law that Parliament …
Private Prisons And The Need For Greater Transparency: Private Prison Information Act, Libbi L. Vilher
Private Prisons And The Need For Greater Transparency: Private Prison Information Act, Libbi L. Vilher
Brooklyn Journal of Corporate, Financial & Commercial Law
Private prisons are not subject to the same regulations as government prisons. Particularly, private prisons are exempt from the requirements set forth in the Freedom of Information Act and its state equivalents, which provide that the public has an enforceable right to request certain records from government agencies. Numerous efforts made by members of Congress to enact the Private Prison Information Act, a bill that would subject private prisons to disclosure laws found in the Freedom of Information Act, have been unsuccessful. Such efforts to strip the veil of secrecy that shades private prisons from public scrutiny are especially important …
What About Small Businesses? The Gdpr And Its Consequences For Small U.S.-Based Companies, Craig Mcallister
What About Small Businesses? The Gdpr And Its Consequences For Small U.S.-Based Companies, Craig Mcallister
Brooklyn Journal of Corporate, Financial & Commercial Law
Fast-approaching changes to European data privacy law will have consequences around the globe. Historically, despite having dramatically different approaches to data privacy and data protection, the European Union and the United States developed a framework to ensure that the highspeed freeway that is transatlantic data transfer moved uninterrupted. That framework was overturned in the wake of revelations regarding U.S. surveillance practices, and amidst skepticism that the United States did not adequately protect personal data. Further, the European Union enacted the General Data Protection Regulation (GDPR), a sweeping overhaul of the legal data protection landscape that will take effect in May …