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- University of Nevada, Las Vegas -- William S. Boyd School of Law (7)
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- Scholarly Works (7)
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Articles 1 - 28 of 28
Full-Text Articles in Law
Family Law Disputes Between International Couples In U.S. Courts, Rhonda Wasserman
Family Law Disputes Between International Couples In U.S. Courts, Rhonda Wasserman
Articles
Increasing mobility, migration, and growing numbers of international couples give rise to a host of family law issues. For instance, when marital partners are citizens of different countries, or live outside the country of which they are citizens, or move between countries, courts must first determine if they have jurisdiction to hear divorce or child custody actions. Given that countries around the world are governed by different legal regimes, such as the common law system, civil codes, religious law, and customary law, choice of law questions also complicate family litigation. This short article addresses the jurisdictional and other conflicts issues …
Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson
Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Borders And Bits, Jennifer Daskal
Borders And Bits, Jennifer Daskal
Articles in Law Reviews & Other Academic Journals
Our personal data is everywhere and anywhere, moving across national borders in ways that defy normal expectations of how things and people travel from Point A to Point B. Yet, whereas data transits the globe without any intrinsic ties to territory, the governments that seek to access or regulate this data operate with territorial-based limits. This Article tackles the inherent tension between how governments and data operate, the jurisdictional conflicts that have emerged, and the power that has been delegated to the multinational corporations that manage our data across borders as a result. It does so through the lens of …
Home Is Where The Heart Is: Determining The Standard For Habitual Residence Under The Hague Convention Based On A Child-Centric Approach, Aimee Weiner
Seton Hall Circuit Review
No abstract provided.
Jurisdictional Standards (And Rules), Adam I. Muchmore
Jurisdictional Standards (And Rules), Adam I. Muchmore
Adam I. Muchmore
This Article uses the jurisprudential dichotomy between two opposing types of legal requirements — “rules” and “standards” — to examine extraterritorial regulation by the United States. It argues that there is natural push toward standards in extraterritorial regulation because numerous institutional actors either see standards as the best option in extraterritorial regulation or accept standards as a second-best option when their first choice (a rule favorable to their interests or their worldview) is not feasible. The Article explores several reasons for this push toward standards, including: statutory text, statutory interpretation theories, the nonbinary nature of the domestic/foreign characterization, the tendency …
What We Don't Know Can Hurt Us: The Need For Empirical Research In Regulating Lawyers And Legal Services In The Global Economy, Carole Silver
What We Don't Know Can Hurt Us: The Need For Empirical Research In Regulating Lawyers And Legal Services In The Global Economy, Carole Silver
Akron Law Review
My goal here, however, is not directly to challenge the framework of lawyer regulation. Instead, I write to suggest an adjustment to the existing regulatory regime, setting aside, at least for the moment, any challenge to the merits of the system itself. My proposal is quite modest: In order to inform the choices implicit in rulemaking, regulation ought to be based upon sound empirical evidence. This is particularly important because of the complexities brought about by globalization.
Taxing Citizens In A Global Economy, Michael S. Kirsch
Taxing Citizens In A Global Economy, Michael S. Kirsch
Michael Kirsch
This Article addresses a fundamental issue underlying the U.S. tax system in the international context: the use of citizenship as a jurisdictional basis for imposing income tax. As a general matter, the United States is the only economically developed country that taxes its citizens abroad on their foreign income. Despite this broad general assertion of taxing jurisdiction, Congress allows citizens abroad to exclude a limited amount of their income earned from working outside the United States. Influential lobbying groups, including businesses that employ significant numbers of U.S. citizens abroad, argue that this exclusion is necessary in order to keep American …
Putting The Cisg Where It Belongs: In The Uniform Commercial Code, Kina Grbic
Putting The Cisg Where It Belongs: In The Uniform Commercial Code, Kina Grbic
Touro Law Review
No abstract provided.
Extraterritorial Criminal Jurisdiction Under The Antitrust Laws, Herbert J. Hovenkamp
Extraterritorial Criminal Jurisdiction Under The Antitrust Laws, Herbert J. Hovenkamp
All Faculty Scholarship
The Ninth Circuit may soon consider whether challenges to antitrust activity that occurs abroad must invariably be addressed under the rule of reason, which will make criminal prosecution difficult or impossible.
When antitrust cases involve foreign conduct, the courts customarily appraise its substantive antitrust significance only after deciding whether the Sherman Act reaches the activity. Nevertheless, "jurisdictional" and "substantive" inquiries are not wholly independent. Both reflect two sound propositions: that Congress did not intend American antitrust law to rule the entire commercial world and that Congress knew that domestic economic circumstances often differ from those abroad where mechanical application of …
International Money Laundering: The Need For Icc Investigative And Adjudicative Jurisdiction, Michael R. Anderson
International Money Laundering: The Need For Icc Investigative And Adjudicative Jurisdiction, Michael R. Anderson
Michael Anderson
Money laundering is one of the most pressing issues in the realm of international financial crimes. One of the biggest issues involved in international money laundering is the problem of adjudication. There is no international organization that currently hears these sorts of claims, forcing nations to adjudicate these crimes on their own, often without adequate resources to effectively investigate and enforce their money laundering statutes.
This article argues that, in order to more effectively prevent and adjudicate international money laundering offenses, the International Criminal Court should adopt an international money laundering statute designating these activities as a crime within the …
Untethered Norms After Erie Railroad Co. V. Tompkins: Positivism, International Law, And The Return Of The "Brooding Omnipresence", Lea Brilmayer
Untethered Norms After Erie Railroad Co. V. Tompkins: Positivism, International Law, And The Return Of The "Brooding Omnipresence", Lea Brilmayer
William & Mary Law Review
No abstract provided.
The Alien Tort Statute As Transnational Law, Jaye Ellis
The Alien Tort Statute As Transnational Law, Jaye Ellis
Maryland Journal of International Law
No abstract provided.
Jurisdictional Standards (And Rules), Adam I. Muchmore
Jurisdictional Standards (And Rules), Adam I. Muchmore
Journal Articles
This Article uses the jurisprudential dichotomy between two opposing types of legal requirements — “rules” and “standards” — to examine extraterritorial regulation by the United States. It argues that there is natural push toward standards in extraterritorial regulation because numerous institutional actors either see standards as the best option in extraterritorial regulation or accept standards as a second-best option when their first choice (a rule favorable to their interests or their worldview) is not feasible.
The Article explores several reasons for this push toward standards, including: statutory text, statutory interpretation theories, the nonbinary nature of the domestic/foreign characterization, the tendency …
Human Rights Litigation And The National Interest: Kiobel'S Application Of The Presumption Against Extraterritoriality To The Alien Tort Statute, Jonathan Hafetz
Human Rights Litigation And The National Interest: Kiobel'S Application Of The Presumption Against Extraterritoriality To The Alien Tort Statute, Jonathan Hafetz
Maryland Journal of International Law
No abstract provided.
Kiobel, Unilateralism, And The Retreat From Extraterritoriality, Austen L. Parrish
Kiobel, Unilateralism, And The Retreat From Extraterritoriality, Austen L. Parrish
Maryland Journal of International Law
No abstract provided.
Regulatory Conflicts: International Tender And Exchange Offers In The 1990s, John C. Maguire
Regulatory Conflicts: International Tender And Exchange Offers In The 1990s, John C. Maguire
Pepperdine Law Review
No abstract provided.
Federal Judicial And Legislative Jurisdiction Over Entities Abroad: The Long-Arm Of U.S. Antitrust Law And Viable Solutions Beyond The Timberlane/Restatement Comity Approach, Michael G. Mckinnon
Federal Judicial And Legislative Jurisdiction Over Entities Abroad: The Long-Arm Of U.S. Antitrust Law And Viable Solutions Beyond The Timberlane/Restatement Comity Approach, Michael G. Mckinnon
Pepperdine Law Review
No abstract provided.
Law Casebook Description And Table Of Contents: Constitutional Environmental And Natural Resources Law [Outline], Jim May, Robin Craig
Law Casebook Description And Table Of Contents: Constitutional Environmental And Natural Resources Law [Outline], Jim May, Robin Craig
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
6 pages.
"James May, Widener University School of Law" -- Agenda
Taxing Citizens In A Global Economy, Michael S. Kirsch
Taxing Citizens In A Global Economy, Michael S. Kirsch
Journal Articles
This Article addresses a fundamental issue underlying the U.S. tax system in the international context: the use of citizenship as a jurisdictional basis for imposing income tax. As a general matter, the United States is the only economically developed country that taxes its citizens abroad on their foreign income.
Despite this broad general assertion of taxing jurisdiction, Congress allows citizens abroad to exclude a limited amount of their income earned from working outside the United States. Influential lobbying groups, including businesses that employ significant numbers of U.S. citizens abroad, argue that this exclusion is necessary in order to keep American …
Enforcement Of Arbitral Awards Against Foreign States Or State Agencies, S. I. Strong
Enforcement Of Arbitral Awards Against Foreign States Or State Agencies, S. I. Strong
Faculty Publications
Britain's Lord Denning once said that “as a moth is drawn to the light, so is a litigant drawn to the United States.” Certainly, as a pro-arbitration state and a signatory to various international conventions concerning the enforcement of foreign arbitral awards, the United States seems a natural place to bring an action to enforce an arbitral award against a foreign state or state agency. However, suing a sovereign has not traditionally been a simple task in the United States or elsewhere. Most nations grant foreign states the presumption of immunity, thus denying that their domestic courts have jurisdiction to …
Text And Context In International Dispute Resolution, William W. Park
Text And Context In International Dispute Resolution, William W. Park
Faculty Scholarship
More than one thoughtful business manager has contemplated the prospect of litigation abroad in terms analogous to those used by the 19th century diarist quoted above. When an international venture goes awry, the dramatically disagreeable consequences can often include the "hometown justice" of the other side's national courts: unfamiliar procedures, perhaps a foreign language, and in some countries, a xenophobic or even corrupt judge.
Democratic Responses To International Terrorism, Christopher L. Blakesley
Democratic Responses To International Terrorism, Christopher L. Blakesley
Scholarly Works
This volume provides a multidisciplinary study of terrorism. The editor notes at the outset the difficulty of definition: "Terrorism is not a one-dimensional problem; it transcends many frontiers: political, jurisdictional, institutional, disciplinary and methodological. So approaching the problem from only one perspective may lead to only partial understanding and an incomplete strategy for developing constructive responses” (p. 3). Note the tendency of even this careful statement to assume that terrorism is always committed by others, Also, although legal definition and consideration may be implied by the terms polical, jurisdictional, institutional and disciplinary, which are indicated as various dimensions of …
Prosecuting And Defending Violations Of Genocide And Humanitarian Law: The International Tribunal For The Former Yugoslavia, Christopher L. Blakesley
Prosecuting And Defending Violations Of Genocide And Humanitarian Law: The International Tribunal For The Former Yugoslavia, Christopher L. Blakesley
Scholarly Works
A symposium discussing the international war crimes tribunal for the former Yugoslavia, established by the United Nations Security Council’s . Christopher L. Blakesley discussed the procedural aspects of the War Crimes Tribunal.
Obstacles To The Creation Of A Permanent War Crimes Tribunal, Christopher L. Blakesley
Obstacles To The Creation Of A Permanent War Crimes Tribunal, Christopher L. Blakesley
Scholarly Works
Individual liability for war crimes is difficult to enforce and is unlikely to be accepted uniformly by states.
Individual criminal responsibility is the cornerstone of any international war crimes tribunal. Nuremberg Principle I provides that “[a]ny person who commits an act which constitutes a crime under international law is responsible therefor and liable to punishment.” Acts by heads of state or other government officials, even if committed in an official capacity, may not constitute an immunity defense to or mitigate criminality. These officials, therefore, could also be held responsible for offenses committed pursuant to their orders. Additionally, liability for criminal …
State Support Of International Terrorism: Legal, Political And Economic Dimensions, Christopher L. Blakesley
State Support Of International Terrorism: Legal, Political And Economic Dimensions, Christopher L. Blakesley
Scholarly Works
In this piece, Professor Blakesley reviews “State Support of International Terrorism: Legal, Political, and Economic Dimensions” by John F. Murphy.
The Need For An International Criminal Court In The New International World Order, Christopher L. Blakesley
The Need For An International Criminal Court In The New International World Order, Christopher L. Blakesley
Scholarly Works
Any inquiry into the merits of an international criminal court must start with resolving three basic issues:
1. Can the tribunal improve international cooperation in law enforcement, add to the capabilities of the various nations in matters of international criminal law, or contribute in any incremental way to the solution of international and transnational criminal law problems by improving the current practice and enhancing the effectiveness of all concerned?
2. Will the recommended system have a better or equal chance of operating as effectively as the best existing systems of national criminal justice?
3. Will the recommended system improve efficiency …
Terrorism, Law, And Our Constitutional Order, Christopher L. Blakesley
Terrorism, Law, And Our Constitutional Order, Christopher L. Blakesley
Scholarly Works
We have all suffered moments of vicarious terror over the past few years as we watched news accounts of terrorist incidents, such as the downing of Pan Am Flight 103 over Lockerbie, Scotland. There, some institution, government, or group used innocent children, women, and men as fodder for their “war.” Some have claimed that the pusillanimous carnage was in retaliation for the slaughter of equivalent innocents aboard the Iranian Air Bus, similarly destroyed by American forces during the summer of 1988. Others suggested that it was committed by those interested in thwarting prospects of peace in the Middle East.
The Evisceration Of The Political Offense Exception To Extradition, Christopher L. Blakesley
The Evisceration Of The Political Offense Exception To Extradition, Christopher L. Blakesley
Scholarly Works
The Supplementary Convention to the Extradition Treaty between the Government of the United States of American and the Government of the United Kingdom of Great Britain and Northern Ireland, was signed on June 25, 1985, and transmitted to the U.S. Senate on July 17, 1985. This article will focus on the portion of the supplementary treaty which effectively eliminates the political offense exception, and on the statement made by the Legal Adviser to the Department of State, the honorable Judge Abraham D. Sofaer, made in favor of the Supplementary Treaty, on August 1, 1985. This article suggests that approval of …