Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 31

Full-Text Articles in Law

Law Library Blog (March 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law Mar 2023

Law Library Blog (March 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


A Path Forward To #Niunamenos Based On An Intersectional Analysis Of Laws Criminalizing Femicide/Feminicide In Latin America, Melissa Padilla Dec 2022

A Path Forward To #Niunamenos Based On An Intersectional Analysis Of Laws Criminalizing Femicide/Feminicide In Latin America, Melissa Padilla

San Diego International Law Journal

Since 2007, eighteen Latin American countries have enacted laws that criminalize femicide/‌feminicide in an effort to address gender-based murders in the region and to uphold their obligations under international human rights law. However, the COVID-19 pandemic and its systemic lingering effects exacerbated the existent dangerous levels of gender-based violence in the region, resulting in an increase in gender-based murders. To address these murders, between 2020 and 2021, a quarter of the eighteen Latin American countries that criminalized femicide/‌feminicide have implemented or are in the process of implementing reforms to their laws criminalizing femicide/‌feminicide. Given this new trend to address the …


Johnson V. M'Intosh: Christianity, Genocide, And The Dispossession Of Indigenous Peoples, Cynthia J. Boshell Jan 2022

Johnson V. M'Intosh: Christianity, Genocide, And The Dispossession Of Indigenous Peoples, Cynthia J. Boshell

Cal Poly Humboldt theses and projects

Using hermeneutical methodology, this paper examines some of the legal fictions that form the foundation of Federal Indian Law. The text of the U.S. Supreme Court’s 1823 Johnson v. M’Intosh opinion is evaluated through the lens of the Convention on the Prevention and Punishment of the Crime of Genocide to determine the extent to which the Supreme Court incorporated genocidal principles into United States common law. The genealogy of M’Intosh is examined to identify influences that are not fully apparent on the face of the case. International jurisprudential interpretations of the legal definition of genocide are summarized and used as …


Definition Of The Crime Of Aggression And The Pertinent Conditions Of Practice Of The International Criminal Court In The Light Of The Amendments To The 2010 Kampala Conference, Dr. Zeyad Jaffal Jan 2021

Definition Of The Crime Of Aggression And The Pertinent Conditions Of Practice Of The International Criminal Court In The Light Of The Amendments To The 2010 Kampala Conference, Dr. Zeyad Jaffal

UAEU Law Journal

This study showed the difficulties faced to reach an agreed definition of the crime of aggression since the establishment of the League of Nations in 1919 until the establishment of the International Criminal Court in 1998. In fact, these difficulties are still very problematic even after reaching a definition of this crime in the First Review Conference of the International Criminal Court, which held in Kampala in 2010, either because of the many loopholes contained in this definition or the different interpretations put forward by international jurisprudence around.

This study has concluded that the definition of the crime of aggression, …


Applying Maimonides’ Hilkhot Teshuvah–Laws Of Repentance – In The Criminal Law System Of The State Of Israel: An Israeli Judge’S Perspectives, Moshe Drori Jan 2020

Applying Maimonides’ Hilkhot Teshuvah–Laws Of Repentance – In The Criminal Law System Of The State Of Israel: An Israeli Judge’S Perspectives, Moshe Drori

Touro Law Review

No abstract provided.


Between Dialogue And Decree: International Review Of National Courts, Robert B. Ahdieh Jun 2018

Between Dialogue And Decree: International Review Of National Courts, Robert B. Ahdieh

Robert B. Ahdieh

Recent years have seen dramatic growth in the number of international tribunals at work across the globe, from the Appellate Body of the World Trade Organization and the International Tribunal for the Law of the Sea, to the Claims Resolution Tribunal for Dormant Claims in Switzerland and the International Criminal Court. With this development has come both increased opportunity for interaction between national and international courts and increased occasion for conflict. Such friction was evident in the recent decision in Loewen Group, Inc. v. United States, in which an arbitral panel constituted under the North American Free Trade Agreement found …


Manifest Disregard In International Commercial Arbitration: Whether Manifest Disregard Holds, However Good, Bad, Or Ugly, Chad R. Yates Jun 2018

Manifest Disregard In International Commercial Arbitration: Whether Manifest Disregard Holds, However Good, Bad, Or Ugly, Chad R. Yates

University of Massachusetts Law Review

Manifest disregard is a common law reason for not enforcing an arbitration award. This principle applies when the arbitrator knew and understood the law, but the arbitrator disregarded the applicable law. Presently, the United States Supreme Court has not made a definite decision on whether manifest disregard is still a valid reason for vacating the award (known as “vacatur”), and the Court is highly deferential to arbitrator decisions. Consequently, the lower courts are split on the issue. For international commercial arbitration awards, manifest disregard can only apply to a foreign award that is decided under United States law or in …


Denial Is Not An Option, Or Is It? How The Turkish Denial Of The Armenian Genocide Blocked Recovery In The United States, Samuel E. Plutchok Jun 2018

Denial Is Not An Option, Or Is It? How The Turkish Denial Of The Armenian Genocide Blocked Recovery In The United States, Samuel E. Plutchok

University of Massachusetts Law Review

Many articles have been written on the Armenian Genocide, both in the context of how to obtain Turkish recognition and how to obtain monetary relief in the courts of the United States. This Article summarizes the issues with the Movsesian III holding with regards to lack of precedent and the Ninth Circuit’s failure to follow the Supreme Court’s trend of limiting preemption. This Article then analyzes related decisions from four other circuits, demonstrating a clear circuit split on judicial understanding of the 5-4 Supreme Court ruling in Garamendi. This Article provides a roadmap to a friendly forum for victims of …


Extreme Secularism Vs. Religious Radicalism: The Case Of The French Burkini, Mohamed Abdelaal Jan 2017

Extreme Secularism Vs. Religious Radicalism: The Case Of The French Burkini, Mohamed Abdelaal

ILSA Journal of International & Comparative Law

The French theory of Laïcité, or assertive secularism, has rapidly developed to become a significant part of the French constitutional legacy, which subsequently brought out what should have been expected: conflicts between the right to self-determination, local culture, religious freedom, and the state interest in curbing radicalism and extremism


Detention Status Review Process In Transnational Armed Conflict: Al Maquleh V. Gates, And The Parwan Detention Facility, Jody M. Prescott Mar 2015

Detention Status Review Process In Transnational Armed Conflict: Al Maquleh V. Gates, And The Parwan Detention Facility, Jody M. Prescott

University of Massachusetts Law Review

This article will first set out a brief history and description of the airfield at Bagram and the detention facilities there. Second, it will explore the standards under international law and the implement ation of national regulations by which the detention status of individuals detained by U.S. military forces is determined, when such individuals may be released from detention, and the significance of the evolving concept of transnational armed conflict to these determinations. Third, it will review the U.S. Supreme Court‘s decision in Boumediene, explore the Court‘s analysis in reaching its decision, and identify what the Court found to be …


Secession, Stagnation And The State-Centered Version Of International Law, Valerie Epps Jan 2015

Secession, Stagnation And The State-Centered Version Of International Law, Valerie Epps

ILSA Journal of International & Comparative Law

Votes on secession are breaking out all over the globe.


The Child's Right To Be Heard And Represented In Judicial Proceedings , Howard A. Davidson Nov 2012

The Child's Right To Be Heard And Represented In Judicial Proceedings , Howard A. Davidson

Pepperdine Law Review

No abstract provided.


Protecting The Protectors Or Victimizing The Victims Anew? "Material Support Of Terrorism" And Exclusion From Refugee Status In U.S. And European Courts, Tom Syring Jan 2012

Protecting The Protectors Or Victimizing The Victims Anew? "Material Support Of Terrorism" And Exclusion From Refugee Status In U.S. And European Courts, Tom Syring

ILSA Journal of International & Comparative Law

In recent years, the United States (U.S.) as well as European states have adopted numerous anti-terrorism laws based on concerns for national security, aimed at keeping persons with connections to terrorist networks out of the respective countries, or facilitating the forced return to their country of origin.


Apportioning Responsibility Among Joint Tortfeasors For International Law Violations, Roger P. Alford Jan 2011

Apportioning Responsibility Among Joint Tortfeasors For International Law Violations, Roger P. Alford

Journal Articles

With the new wave of claims against corporations for human rights violations – particularly in the context of aiding and abetting government abuse – there are unusually difficult problems of joint tortfeasor liability. In many circumstances, one tortfeasor – the corporation – is a deep-pocketed defendant, easily subject to suit, but only marginally involved in the unlawful conduct. Another tortfeasor – the sovereign – is a central player in the unlawful conduct, but, with limited exceptions, is immune from suit under the Foreign Sovereign Immunities Act. A third tortfeasor – the low-level security personnel – accused of actually committing the …


Regime Change And The Restoration Of The Rule Of Law In Iraq, Raid Juhi Al-Saedi Dec 2010

Regime Change And The Restoration Of The Rule Of Law In Iraq, Raid Juhi Al-Saedi

International Law Studies

No abstract provided.


Medellín V. Texas: The Treaties That Bind, Mary D. Hallerman Jan 2009

Medellín V. Texas: The Treaties That Bind, Mary D. Hallerman

University of Richmond Law Review

No abstract provided.


Case Concerning The Rotion Union: The Republic Of Adaria V. The Republic Of Bobbia, The Kingdom Of Cazalia, The Commonwealth Of Dingoth, The State Of Ephraim, And The Kingdom Of Finbar, Maria Noelia Gamio, Barbara Sofia Aubert Casas, Ignacio Herrera, Ignacio Javier Uresandi Jan 2007

Case Concerning The Rotion Union: The Republic Of Adaria V. The Republic Of Bobbia, The Kingdom Of Cazalia, The Commonwealth Of Dingoth, The State Of Ephraim, And The Kingdom Of Finbar, Maria Noelia Gamio, Barbara Sofia Aubert Casas, Ignacio Herrera, Ignacio Javier Uresandi

ILSA Journal of International & Comparative Law

The Republic of Adaria, on one side, and the Republic of Bobbia, the Kingdom of Cazalia, the Commonwealth of Dingoth, the State of Ephraim and the Kingdom of Finbar, jointly on the other, have submitted by Special Agreement their differences concerning the Rotian Union, and transmitted a copy thereof to the Registrar of the Court pursuant to article 40(1) of the Statute.


The Evolution Of The European Legal System: The European Court Of Justice's Role In The Harmonization Of Laws, Yvonne N. Gierczyk Jan 2005

The Evolution Of The European Legal System: The European Court Of Justice's Role In The Harmonization Of Laws, Yvonne N. Gierczyk

ILSA Journal of International & Comparative Law

After the dust settled from World War II, Winston Churchill declared the need for Europe to integrate economically and politically.


Between Dialogue And Decree: International Review Of National Courts, Robert B. Ahdieh Dec 2004

Between Dialogue And Decree: International Review Of National Courts, Robert B. Ahdieh

Faculty Scholarship

Recent years have seen dramatic growth in the number of international tribunals at work across the globe, from the Appellate Body of the World Trade Organization and the International Tribunal for the Law of the Sea, to the Claims Resolution Tribunal for Dormant Claims in Switzerland and the International Criminal Court. With this development has come both increased opportunity for interaction between national and international courts and increased occasion for conflict. Such friction was evident in the recent decision in Loewen Group, Inc. v. United States, in which an arbitral panel constituted under the North American Free Trade Agreement found …


The Developing Framework Of The Csme: Two Legal Issues Considered, Ezra Alleyne Jan 2004

The Developing Framework Of The Csme: Two Legal Issues Considered, Ezra Alleyne

ILSA Journal of International & Comparative Law

The Caribbean Single Market and Economy (CMSE) is a work in progress.


Was The United States Justified In Renewing Resolution 1487 In Light Of The Abu Ghraib Prisoner Abuse Scandal?, Kerstin Pastujova Jan 2004

Was The United States Justified In Renewing Resolution 1487 In Light Of The Abu Ghraib Prisoner Abuse Scandal?, Kerstin Pastujova

ILSA Journal of International & Comparative Law

On May 19, 2004, the United States introduced a Resolution to the United Nations Security Council for a third year in a row, requesting it to exempt from the International Criminal Court (ICC) all current and former troops and personnel from non-International Criminal Court member states, like the United States, who serve on United Nations' missions.


The International Criminal Court, National Security, And Compliance With International Law, James C. Kraska Jan 2003

The International Criminal Court, National Security, And Compliance With International Law, James C. Kraska

ILSA Journal of International & Comparative Law

Thank you, Mark, for your kind introduction. The question before the panel today is whether the United States, actions regarding national security over the last year or so are in harmony with international law, or, in the alternative, are the United States, policies on a collision course with international law.


A Change For The Better: An Inside Look To The Judicial Reform Of The Dominican Republic, Ingrid Suarez Jan 2003

A Change For The Better: An Inside Look To The Judicial Reform Of The Dominican Republic, Ingrid Suarez

ILSA Journal of International & Comparative Law

A president above the law. A Legislature that would pass any law, without regard for the impact on its citizens.


2000 Philip C. Jessup, Alfian Yasrif Kuchit, Sarah Sani, Foo Meng Yeen, Mohd Arif Absul Hamid, Edora Ahmad Jan 2000

2000 Philip C. Jessup, Alfian Yasrif Kuchit, Sarah Sani, Foo Meng Yeen, Mohd Arif Absul Hamid, Edora Ahmad

ILSA Journal of International & Comparative Law

The Governments of the State of Kuraca and the Republic of Senhava have recognized as compulsory ipsofacto in relation to any other State accepting the same obligation, the jurisdiction of the International Court of Justice in accordance with Article 36, paragraph 2.


2000 Philip C. Jessup, J. Michael Allen Iii, Elizabeth Bosquet, Kristi L. Deason, David R. Pruet Jan 2000

2000 Philip C. Jessup, J. Michael Allen Iii, Elizabeth Bosquet, Kristi L. Deason, David R. Pruet

ILSA Journal of International & Comparative Law

The State of Kuraca and the Republic of Senhava have submitted their differences concerning the vaccine trials to the International Court of Justice for resolution through a Special Agreement, in accordance with Article 40(1) of the Statute of the International Court of Justice.


The Inter-American Court Of Human Rights, Jorge Luis Delgado Jan 1999

The Inter-American Court Of Human Rights, Jorge Luis Delgado

ILSA Journal of International & Comparative Law

The Inter-American Court of Human Rights (Court or the Inter- American Court) was created by the entry into force of the treaty known as the American Convention on Human Rights (Convention).'


The Expert Testimony Before The Inter-American Court Of Human Rights, Ma. Auxiliadora Solano Monge Jan 1999

The Expert Testimony Before The Inter-American Court Of Human Rights, Ma. Auxiliadora Solano Monge

ILSA Journal of International & Comparative Law

The purpose of this essay is to provide a review of the doctrine and jurisprudence of the expert testimony as a probatory medium' used by the Inter-American Court of Human Rights (ICHR, Court, Tribunal) in the issues presented before it


Association Of American Law Schools Panel On The International Criminal Court, Christopher L. Blakesley Jan 1999

Association Of American Law Schools Panel On The International Criminal Court, Christopher L. Blakesley

Scholarly Works

Professor Blakesley participates in this panel discussion on the International Criminal Court. The Association of American Law Schools sponsored the panel.


Establishment Of An International Criminal Court, Steven J. Gerber Jan 1998

Establishment Of An International Criminal Court, Steven J. Gerber

ILSA Journal of International & Comparative Law

It cannot be overemphasized how historic the negotiations to establish a permanent International Criminal Court (ICC) have been. Over 120 states have participated in the process and not one of them questions the need for a permanent ICC to try individuals accused of the most serious international crimes of genocide, crimes against humanity or serious violations of the laws and customs of war (war crimes).


The Permanent International Criminal Court: An Examination Of The Statutory Debate, Michael Bachrach Jan 1998

The Permanent International Criminal Court: An Examination Of The Statutory Debate, Michael Bachrach

ILSA Journal of International & Comparative Law

In 1994, the International Law Commission ("ILC") authored a Draft Statute' in an attempt to help establish a permanent International Criminal Court ("ICC").