Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (15)
- Environmental Law (5)
- Internet Law (5)
- Arts and Humanities (4)
- Comparative and Foreign Law (3)
-
- Intellectual Property Law (3)
- Privacy Law (3)
- Accounting Law (2)
- Civil Procedure (2)
- Civil Rights and Discrimination (2)
- Commercial Law (2)
- Contracts (2)
- History (2)
- Human Rights Law (2)
- International Trade Law (2)
- Law and Society (2)
- Legal Education (2)
- President/Executive Department (2)
- Tax Law (2)
- Water Law (2)
- Admiralty (1)
- Asian History (1)
- Civil Law (1)
- Computer Law (1)
- Computer Sciences (1)
- Conflict of Laws (1)
- Constitutional Law (1)
- Consumer Protection Law (1)
- Courts (1)
- Institution
- Publication
-
- Dr Brian Yecies (2)
- Faculty Publications (2)
- Fordham Environmental Law Review (2)
- Robert B. Ahdieh (2)
- Articles in Law Reviews & Other Academic Journals (1)
-
- Briefs (1)
- Christopher C. French (1)
- Duke Law & Technology Review (1)
- Economic Crime Forensics Capstones (1)
- Electronic Theses and Dissertations (1)
- Fordham Journal of Corporate & Financial Law (1)
- Gabriel Eckstein (1)
- Journal of Intellectual Property Law (1)
- Life of the Law School (1993- ) (1)
- McKay Cunningham (1)
- Milan Markovic (1)
- NYLS Law Review (1)
- Pepperdine Law Review (1)
- Senior Honors Theses (1)
- Thomas W. Mitchell (1)
- University of Massachusetts Law Review (1)
- William & Mary Annual Tax Conference (1)
- William & Mary Law Review (1)
- Publication Type
Articles 1 - 27 of 27
Full-Text Articles in Law
North Korea’S Nuclear Program And Negotiation: How Nuclear Negotiation During The Clinton Years Produced Lessons For Current International Relations, Brian Hilliker
Senior Honors Theses
North Korea’s road of survival began in the aftermath of World War II, when the United States and the Soviet Union sparred over rival ideologies. Ultimately, Korea split into a free south and an authoritarian north. Over seventy years later, North Korea remains a bastion of communism. Nuclear weaponry is a factor behind North Korea’s survival, and the history of their program can offer insight for American policy makers today. This paper offers a history of North Korea’s nuclear weapons program during the Clinton presidency, along with recommendations for present day policy makers. Without an understanding of history decision-makers tend …
International Provisions Of Public Law No. 115-97 (The “Tcja”) (Powerpoint), William B. Sherman
International Provisions Of Public Law No. 115-97 (The “Tcja”) (Powerpoint), William B. Sherman
William & Mary Annual Tax Conference
No abstract provided.
Defining “Unduly”: Resolving Inherent Textual Ambiguity In The Imo’S Ballast Water Management Convention, John R. Bobka
Defining “Unduly”: Resolving Inherent Textual Ambiguity In The Imo’S Ballast Water Management Convention, John R. Bobka
William & Mary Law Review
No abstract provided.
State Practice In The Management And Allocation Of Transboundary Groundwater Resources In North America, Gabriel Eckstein, Amy Hardberger
State Practice In The Management And Allocation Of Transboundary Groundwater Resources In North America, Gabriel Eckstein, Amy Hardberger
Gabriel Eckstein
Throughout the world, international and state political boundaries divide groundwater resources into politically convenient jurisdictions. Subsurface water, however, does not recognize such borders and flows freely without regard to overlying politics. This disregard for the political dimension, coupled with the growing global importance of fresh water, has the potential for aggravating disputes and conflicts over the use, allocation, and preservation of such resources. To date, widely accepted norms of international law applicable to transboundary aquifers have yet to emerge. However, local and regional agreements, including both formal and unofficial arrangements, suggest the emergence of state practice that should be considered …
Infringement, Unbound, Sarah R. Wasserman Rajec
Infringement, Unbound, Sarah R. Wasserman Rajec
Faculty Publications
No abstract provided.
Trafficking Technology: A Look At Different Approaches To Ending Technology-Facilitated Human Trafficking, David Barney
Trafficking Technology: A Look At Different Approaches To Ending Technology-Facilitated Human Trafficking, David Barney
Pepperdine Law Review
In 2018, many believe that slavery is an antiquated concept. But as with anything else, if it has not become extinct, it has evolved with time. Human trafficking is no different. Each year, millions of men, women and children are trafficked in the United States, and internationally, and forced to work against their will. Through the rise of technology and an increasingly globalized world, traffickers have learned to use technology as a tool to help facilitate the trafficking of persons and to sell those victims to others they never could have reached before. But what are we doing about it? …
The Emperor’S New Clothes: The Variety Of Stakeholders In Climate Change Regulation Assuming The Mantle Of Federal And International Authority, Linda A. Malone
The Emperor’S New Clothes: The Variety Of Stakeholders In Climate Change Regulation Assuming The Mantle Of Federal And International Authority, Linda A. Malone
Faculty Publications
In June 2017, President Donald Trump announced the United States would be withdrawing from the Paris Climate Accord. President Trump believes the United States should be more focused on its economic wellbeing than on environmental concerns. Since being elected, President Trump has, with the help of the Environmental Protection Agency, been rolling back, or attempting to roll back, major climate change regulations. However, this Article points out that due to factors such as international law, the United States Constitution, and the Administrative Procedure Act, one cannotjust simply withdraw from an international agreement, such as the Paris Accord, or take back …
What The Boomerang Misses: Pursuing International Film Co-Production Treaties And Strategies, Brian Yecies
What The Boomerang Misses: Pursuing International Film Co-Production Treaties And Strategies, Brian Yecies
Dr Brian Yecies
This paper illustrates some of the dynamic ways that members of the Korean, Australian, New Zealand and Chinese creative and cultural industries have engaged with international instruments such as co-production treaties. Strategies, benefits returned and lost costs, that is, sacrifices that are made in the process of producing a film or digital media program in more than one country, and/or with an international team are investigated to reveal how creators are engaging with the demands of different governments' policies. It is hoped that this paper and the larger research project to which it is attached will assist scholars, creative and …
Chinese International Film Encounters: Closing The Gaps With Hollywood With Soft Power Appeal At Home And Abroad (中国电影与韩国的国际碰撞-中国电影通过软实力追赶好莱坞), Brian Yecies
Dr Brian Yecies
In this article, I aim to expand our understanding of the transnational production and increasing international appeal of contemporary Chinese cinema in 2012 and 2013; my viewpoint is from the outside looking in. To achieve this aim, I analyze two key developments that are contributing to the rapidly shifting shape and style of the Chinese film industry: 1) increasing post-production collaborations with film industry practitioners and firms from South Korea – an important trading partner for China; and 2) the popular reception of Chinese films on the international film festival circuit, in particular the responses of a diverse group of …
Reforming Property Law To Address Devastating Land Loss, Thomas W. Mitchell
Reforming Property Law To Address Devastating Land Loss, Thomas W. Mitchell
Thomas W. Mitchell
Tenancy-in-common ownership represents the most widespread form of common ownership of real property in the United States. Such ownership under the default rules also represents the most unstable ownership of real property in this country. Thousands of tenancy-in-common property owners, including members of many poor and minority families, have lost their commonly-owned property due to court-ordered, forced partition sales as well as much of their real estate wealth associated with such ownership as a result of such sales. Though some scholars and the media have highlighted how thousands of African-Americans have lost an untold amount of property and substantial real …
From Federalism To Intersystemic Governance: The Changing Nature Of Modern Jurisdiction, Robert B. Ahdieh
From Federalism To Intersystemic Governance: The Changing Nature Of Modern Jurisdiction, Robert B. Ahdieh
Robert B. Ahdieh
At heart, this introductory essay aspires to encourage scholars who write in widely divergent areas, yet share a focus on the changing nature of jurisdiction, to engage one another more closely. From Jackson's study of "convergence, resistance, and engagement" among courts, Kingsbury's study of "global administrative law," and Bermann's analysis of "transatlantic regulatory cooperation," to Resnik's evaluation of "trans-local networks," Weiser's account of "cooperative federalism" in telecommunications law, and Thompson's concept of "collaborative corporate governance," a related set of questions is ultimately at stake: How ought we understand the reach of any given decision-maker's jurisdiction? What are the implications of …
Between Dialogue And Decree: International Review Of National Courts, Robert B. Ahdieh
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 …
How Cosmopolitan Are International Law Professors?, Ryan Scoville, Milan Markovic
How Cosmopolitan Are International Law Professors?, Ryan Scoville, Milan Markovic
Milan Markovic
This Article offers an empirical answer to a question of interest among scholars of comparative international law: why do American views about international law appear at times to differ from those of other countries? The authors contend that part of the answer lies in legal education. Conducting a survey of the educational and professional backgrounds of nearly 150 legal academics, the authors reveal evidence that professors of international law in the United States often lack significant foreign legal experience, particularly outside of the West. Sociological research suggests that this tendency leads professors to teach international law from predominantly nationalistic and …
Manifest Disregard In International Commercial Arbitration: Whether Manifest Disregard Holds, However Good, Bad, Or Ugly, Chad R. Yates
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 …
Equitable Sharing Aids Circumventing State Civil Asset Forfeiture, Ella Fisher
Equitable Sharing Aids Circumventing State Civil Asset Forfeiture, Ella Fisher
Economic Crime Forensics Capstones
Civil Asset Forfeiture (CIVIL ASSET FORFEITURE) is a disputable law enforcement asset utilized to combat the war on drugs and criticized as an abusive practice. Are law enforcement agencies really combatting the war on drugs using civil asset forfeiture law or just using the law for their own self interests? Civil Asset Forfeiture abuse relates to perverse incentives which are further aided by the federal equitable sharing program (ESP). Civil asset forfeiture law allows owners’ assets to be seized and forfeited, by law enforcement agencies without a warrant and/or a criminal conviction. When federal agencies adopt and prosecute, state and …
The Rise Of Rights-Based Climate Litigation And Germany's Susceptibility To Suit, Marc A. R. Zemel
The Rise Of Rights-Based Climate Litigation And Germany's Susceptibility To Suit, Marc A. R. Zemel
Fordham Environmental Law Review
No abstract provided.
Protecting Cultural Rights In The South Pacific Islands: Using Unesco And Marine Protected Areas To Plan For Climate Change, Elizabeth Thomas
Protecting Cultural Rights In The South Pacific Islands: Using Unesco And Marine Protected Areas To Plan For Climate Change, Elizabeth Thomas
Fordham Environmental Law Review
No abstract provided.
An Analysis Of International Agreements Over Cybersecurity, Lucas Ashbaugh
An Analysis Of International Agreements Over Cybersecurity, Lucas Ashbaugh
Electronic Theses and Dissertations
Research into the international agreements that increase cooperation over cybersecurity challenges is severely lacking. This is a necessary next step for bridging diplomatic challenges over cybersecurity. This work aspires to be push the bounds of research into these agreements and offer a tool that future researchers can rely on. For this research I created, and made publicly available, the International Cybersecurity Cooperation Dataset (ICCD), which contains over 350 international cybersecurity agreements and pertinent metadata. Each agreement is marked per which subtopics within cybersecurity related agreements it covers. These typologies are:
-
Discussion and Dialogue
-
Research
-
Confidence Building Measures
-
Incident Response
-
Crime …
Regulating Data As Property: A New Construct For Moving Forward, Jeffrey Ritter, Anna Mayer
Regulating Data As Property: A New Construct For Moving Forward, Jeffrey Ritter, Anna Mayer
Duke Law & Technology Review
The global community urgently needs precise, clear rules that define ownership of data and express the attendant rights to license, transfer, use, modify, and destroy digital information assets. In response, this article proposes a new approach for regulating data as an entirely new class of property. Recently, European and Asian public officials and industries have called for data ownership principles to be developed, above and beyond current privacy and data protection laws. In addition, official policy guidances and legal proposals have been published that offer to accelerate realization of a property rights structure for digital information. But how can ownership …
Brief Of Scholars Of Mormon History & Law As Amici Curiae In Support Of Neither Party, Anna-Rose Mathieson, Ben Feuer, Nathan B. Oman
Brief Of Scholars Of Mormon History & Law As Amici Curiae In Support Of Neither Party, Anna-Rose Mathieson, Ben Feuer, Nathan B. Oman
Briefs
No abstract provided.
Newsroom: Interrogation Expert Warns Against Use Of Torture 2-2-2018, Roger Williams University School Of Law
Newsroom: Interrogation Expert Warns Against Use Of Torture 2-2-2018, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Privacy In The Age Of The Hacker: Balancing Global Privacy And Data Security Law, Cunningham, Mckay, Mckay Cunningham
Privacy In The Age Of The Hacker: Balancing Global Privacy And Data Security Law, Cunningham, Mckay, Mckay Cunningham
McKay Cunningham
The twin goals of privacy and data security share a fascinating symbiotic relationship: too much of one undermines the other. The international regulatory climate, embodied principally by the European Union’s 1995 Directive, increasingly promotes privacy. In the last two decades, fifty-three countries enacted national legislation largely patterned after the E.U. Directive. These laws, by and large, protect privacy by restricting data processing and data transfers.
At the same time, hacking, malware, and other cyber-threats continue to grow in frequency and sophistication. In 2010, one security firm recorded 286 million variants of malware and reported that 232.4 million identities were exposed. …
Combating The Anti-Trade Movement: Evaluating The Trans-Pacific Partnership’S Place In International Patent Law, William G. Adams
Combating The Anti-Trade Movement: Evaluating The Trans-Pacific Partnership’S Place In International Patent Law, William G. Adams
Journal of Intellectual Property Law
No abstract provided.
The Future Of The New International Tax Regime, Rosanne Altshuler, Fadi Shaheen, Jeffrey Colon, Michael Graetz, Rebecca Kysar, Susan Morse, Daniel Shaviro, Richard Phillips, Danielle Rolfes, David Rosenbloom, Stephen Shay, Steven Dean
The Future Of The New International Tax Regime, Rosanne Altshuler, Fadi Shaheen, Jeffrey Colon, Michael Graetz, Rebecca Kysar, Susan Morse, Daniel Shaviro, Richard Phillips, Danielle Rolfes, David Rosenbloom, Stephen Shay, Steven Dean
Fordham Journal of Corporate & Financial Law
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 …
Legal Education And The Civil Law System, Rodrigo Sadi
Legal Education And The Civil Law System, Rodrigo Sadi
NYLS Law Review
No abstract provided.
English Justice For An American Company?, Christopher French
English Justice For An American Company?, Christopher French
Christopher C. French