Law Commons^™

Self-Defensive Force Against Cyber Attacks: Legal, Strategic And Political Dimensions, Matthew C. Waxman

International Law Studies

No abstract provided.

The Historical Context And Legal Basis Of The Philippine Treaty Limits, Lowell Bautista

Lowell Bautista

The Philippines, on the basis of historic right of title, claims that its territorial sea extends to the limits set forth in the colonial treaties, which define the extent of the archipelago at the time it was ceded from Spain to the U.S. in 1898. The line drawn around the archipelago marks the outer limits of the historic territorial seas of the Philippines, which will be referred to here as the Philippine Treaty Limits. The Philippine Treaty Limits are contested in international law because they evidently breach the twelve-mile breadth of the territorial sea provided for in the Law of …

The Legal Status Of The Philippine Treaty Limits In International Law, Lowell Bautista

Lowell Bautista

The fundamental position of the Philippines is that the limits of its national territory are the boundaries laid down in the 1898 Treaty of Paris which ceded the Philippines from Spain to the United States. The position of the Philippine Government is contested in the international community and runs against rules in the Law of the Sea Convention, which the Philippines signed and ratified. The issue of the legal status of the Philippine Treaty Limits in international law has been subject of much academic debate and serious criticisms. This paper will analyse the legal status of the Philippine Treaty Limits …

International Legal Implications Of The Philippine Treaty Limits On Navigational Rights In Phillipine Waters, Lowell Bautista

Lowell Bautista

The Philippine Treaty Limits define the colonial territorial limits of the Philippine Archipelago and impose serious restrictions on navigational rights andfreedoms accorded to ships under the Law of the Sea Convention (LOSC), which the Philippines has signed and ratified. This paper discusses these navigational rights and freedoms and analyses the inconsistencies between the navigational regimes provided for in LOSC and their implementation in various Philippine maritime zones of jurisdiction.

The Historical Background, Geographical Extent And Legal Bases Of The Philippine Territorial Water Claim, Lowell Bautista

Lowell Bautista

The Philippine territorial water claim is unique in international law. On the basis of historic right of title, the Philippines claims a rectangular territorial sea fully enclosing the entirety of the archipelago, which at some points exceed 12 nautical miles in breadth. The 1982 Law of the Sea Convention, which the Philippines signed and ratified, prescribes the maximum breadth of the territorial sea at 12 nautical miles. For this reason, the Philippine territorial sea claim has been criticized for being excessive. This paper will discuss and clarify the historical background, geographical extent, and legal bases of the Philippine territorial water …

Leasing Space In New York City: A Practical Guide For Technology Start-Ups, New York Law School

Center for Real Estate Studies

On behalf of the New York City Economic Development Corporation, the Center for Real Estate Studies’ Capstone Seminar examined the various issues that growth-stage technology companies face when leasing office space in New York City. After compiling data from a variety of sources, including interviews with real estate and technology sector stakeholders and substantial legal research, the authors developed a practical guide for start-ups to use when negotiating a lease for office space. The guide identifies, in depth, the issues facing growth-stage technology companies in lease negotiations, provides practical advice on how to address those those issues, and suggests strategies …

Towards A Legal Framework For A Single National Ballast Water Management Scheme In Australia, Ben M. Tsamenyi, Stuart B. Kaye, Alison Castle

Professor Ben M Tsamenyi

Introduced Marine Pests (IMPs) pose a serious threat to marine biodiversity in Australia. There are many ways pests are introduced into the marine environment. The major vectors for IMPs are ballast water, ship fouling, accidental introductions due to mariculture and deliberate introduction. The focus of this paper is on the administrative and legislative response to the introduction of IMPs through ballast water. Historically, ballast water accounts for only 15-20 per cent of the invasive marine species found in Australia. Ballast water is, however, becoming the major threatening vector in the last two decades. The current ballast water legislative and administrative …

The 1997 Australia-Indonesia Maritime Boundary Treaty: A Secure Legal Regime For Offshore Resource Development?, Max Herriman, Ben Tsamenyi

Professor Ben M Tsamenyi

The Treaty between the Government of Australia and the Government of the Republic of Indonesia Establishing an Exclusive Economic Zone Boundary and Certain Seabed Boundaries was signed in Perth, Australia, on March 14, 1997. The Treaty establishes an area of overlapping jurisdiction in the Timor Sea in which the exclusive economic zone of Indonesia overlays the continental shelf of Australia. Although the 1992 United Nations Convention on the Law of the Sea does not provide well for such a situation, and many other provisions of the Law of the Sea Convention relate to the coastal state in a manner which …

The Legal Substance And Status Of Fishing Entities In International Law: A Note, Ben Tsamenyi

Professor Ben M Tsamenyi

No abstract provided.

International Legal And Policy Frameworks For Integrated Coastal And Oceans Management: An Initial Analysis, Ben Tsamenyi, Georgia Nogueira De Souza Patu

Professor Ben M Tsamenyi

No abstract provided.

Satellite-Based Vessel Monitoring Systems International Legal Aspects & Developments In State Practice, Ben M. Tsamenyi, Erik Jaap Molenaar

Professor Ben M Tsamenyi

No abstract provided.

Promoting Sustainable Fisheries: The International Legal And Policy Framwork To Combat Illegal, Unreported And Unregulated Fishing, William Edeson, Ben Tsamenyi, Mary Ann Palma

Professor Ben M Tsamenyi

No abstract provided.

Navigating Pacific Fisheries: Legal And Policy Trends In The Implementation Of International Fisheries Instruments In The Western And Central Pacific Region, Quentin Hanich, Ben M. Tsamenyi

Professor Ben M Tsamenyi

Navigating Pacific Fisheries analyses the legal and policy context for the conservation, management and exploitation of tuna fisheries in the Western and Central Pacific region.

Legal Aspects Of Fisheries: The Need For Legal Training Facilities In The South Pacific., Ben Tsamenyi

Professor Ben M Tsamenyi

Many of the small developing island states in the South Pacific have claimed exclusive economic zones (EEZs). Those who have not yet done so are in the process of making their claims as part of their Law of the Sea Convention implementation programs. One of the problems being faced by by the South Pacific states with regard to their EEZ claims is the shortage of trained personnel, particularly in the legal field, to manage their fisheries resources. A regional strategy for training in the legal aspects of fisheries is necessary.-Author

The International Legal Regime For Fisheries Management, Ben M. Tsamenyi, Shilpa Rajkumar, Lara Manarangi-Trott

Professor Ben M Tsamenyi

No abstract provided.

An Evaluation Of The Rules Of Conduct Governing Legal Representatives In Mediation: Challenges For Rule Drafters And A Response To Jim Mason, Bobette Wolski

Bobette Wolski

This article provides a comparative analysis of the rules of conduct governing legal representatives in Australia, the United States of America and the United Kingdom as they apply to a range of ethical issues in mediation. The analysis has four main aims. First, it clarifies the position in Australia and the USA - the Australian and American mediation communities have not introduced separate codes for ‘mediation advocates’ as Mason recently suggested. But some provisions have been made for mediation practice. The second aim is to tease out from these provisions learning points for policy makers and rule drafters. Amongst the …

Remedies As A Capstone Experience: How The Remedies Course Can Help Address The Challenges Facing Legal Education, Michael P. Allen

Saint Louis University Law Journal

No abstract provided.

Clinical Legal Education & Access To Justice: Conflicts, Interests, & Evolution, Margaret B. Drew, Andrew P. Morriss

Faculty Publications

The explosive growth in the number of law school clinics over the last 50 years began with an individual client focus as a core component. This contributed to reducing unmet legal needs in substantive areas such as landlord-tenant, family, consumer and other areas. These service clinics accomplished the dual purpose of training students in the day-to-day challenges of practice while reducing the number of unrepresented poor. In recent years, however, the trend has been to broaden the law school clinical experience beyond individual representation and preparation for law firm practice. So-called “impact” clinics typically address systemic change without significant individual …

How Do We Deal With All The Bodies? A Review Of Recent Cemetery And Human Remains Legal Issues, Ryan M. Seidemann

University of Baltimore Journal of Land and Development

The law of the dead is now precipitating a lively debate in the legal community. Scandals are increasingly rocking the death care industry, an industry enjoying greater attention with the aging Baby Boom generation. Regulators and attorneys now must address an array of issues that revolve around death. And the law of the dead is a unique animal. It is neither property nor health care; real estate nor contract; yet it has elements of each of those areas of the law, as well as environmental law, zoning, and general torts, but it lies comfortably in none of these fields entirely. …

The Limited Power Of The Bar To Protect Its Monopoly., Zachary C. Zurek

St. Mary's Journal on Legal Malpractice & Ethics

The weaknesses within unauthorized practice of law (UPL) laws, coupled with shaky and fragmented enforcement, allow nonlawyers to perform activities that are otherwise characterized as the practice of law. Certified Public Accountants (CPAs), non-lawyers representing individuals in administrative settings, legal document preparation services, and other non-lawyers offering detailed legal advice pose serious threats to the bar and the individuals they serve. Uniformed standards of liability, ethics, and certification should be developed to ensure a balanced group of practitioners is available to the public. Pulling nonlawyers into the realm of liability for breach of professional responsibility would result in a higher …

Combating Maritime Piracy In Southeast Asia From International And Regional Legal Perspectives: Challenges And Prospects, Ahmad Amri

Faculty of Law, Humanities and the Arts - Papers (Archive)

Piracy is considered a critical maritime security threat in Southeast Asia. Whilst piracy has always been a perennial problem in the region, this threat has received increasing attention in the region over the past few years. Reports published by the International Maritime Organisation as well as the International Maritime Bureau show an alarming increase in acts of piracy on Southeast Asian waters over the past decade. In ancients times, the main drivers of piracy were raiding for plunder and capture of slaves; however, in modern times, developments in politics, economics and even military technology have drastically altered the universal crime …

The Legal Aspects Of Connectivity Conservation: Case Studies, Malcolm Farrier, Melissa Harvey, Solange Teles Da Silva, Marcia D. Leuzinger, Jonathan Verschuuren, Mariya Gromilova, Arie Trouwborst, Alexander R. Paterson

Faculty of Law, Humanities and the Arts - Papers (Archive)

This publication follows on from Volume I in the series on legal aspects of connectivity conservation. It provides five case studies that continue to define and develop connectivity conservation law for supporting protected areas and for providing opportunities to address climate change as part of biodiversity conservation agendas. Volumes I and II together aim to advance conceptual thinking and legal understanding about important law and policy tools and options for supporting the connectivity of protected area systems. The legal research and analyses reflected in these papers span international, regional, national and local levels. A range of legal instruments existing in …

The Legal Aspects Of Connectivity Conservation: A Concept Paper, Barbara Lausche, Malcolm Farrier, Jonathan Verschuuren, Antonio G. M La Vina, Arie Trouwborst

Faculty of Law, Humanities and the Arts - Papers (Archive)

This publication aims to advance conceptual thinking and legal understanding about important law and policy tools and options for supporting the connectivity of protected area systems. The legal research and analyses reflected in this paper span international, regional, national and local levels. A range of legal instruments existing in most national legal systems, from conservation and sustainable use laws to land use planning, development control, voluntary conservation and economic instruments are explored. The paper is intended to offer concrete ideas of existing and potential legal tools and approaches that countries can use immediately to initiate priority connectivity conservation actions and …

Deleuze And The Maiden: A Short Introduction To Legal Pornology, Laurent De Sutter

NYLS Law Review

No abstract provided.

The Enemy Within: Sexual Assault And Rape In The Us Armed Forces, Dahlia D'Arge

Lewis Honors College Capstone Collection

This paper follows my personal journey in learning about this problem, its legal repercussions for individual soldiers, its history within the United States, the actions which are being taken to remedy it, and its cost to the US military as a whole. By taking a more personal approach and by using my personal experience as an intern as a US Army Judge Advocate Corps office, this paper intends to educate the wider college populace about this issue and its current handling by the US Army from the perspective of an insider.

Ethical And Legal Issues In Teaching About Japanese Popular Culture To Undergraduate Students In Australia, Mark J. Mclelland

Faculty of Law, Humanities and the Arts - Papers (Archive)

Interest in Japanese popular culture, particularly young people’s engagement with manga and animation, is widely acknowledged to be a driving factor in recruitment to undergraduate Japanese language and studies courses at universities around the world. Contemporary students live in a convergent media culture where they often occupy multiple roles as fans, students and ‘produsers’ of Japanese cultural content. Students’ easy access to and manipulation of Japanese cultural content through sites that offer ‘scanlation’ and ‘fansubbing’ services as well as sites that enable the production and dissemination of dōjin works raise a number of ethical and legal issues, not least infringement …

Camera Journalism - Ethical And Legal Hazards, David Blackall

Faculty of Law, Humanities and the Arts - Papers (Archive)

There are many legal and ethical obstacles that film-based journalists must consider before moving their product to completion.

Sometimes restraint on broadcast is beyond the control of producers, when a program is restrained unexpectedly due to the likelihood of it prejudicing court proceedings. While producers have no control over suppression orders, disastrous outcomes can be minimised and the chance of legal action decreased, through ongoing dialogue and informed consent with camera subjects. Where a situation justifies reduced informed consent, or when deceit is overwhelmingly in the public interest, producers need an ethical forum, an ethics committee, to discuss and document …

Plunging Into Endless Difficulties: Medicaid And Coercion In National Federation Of Independent Business V. Sebelius, Nicole Huberfeld, Elizabeth Weeks Leonard, Kevin Outterson

Law Faculty Scholarly Articles

Until the 2011 Term, no Supreme Court decision since the New Deal had struck down an act of Congress as exceeding the federal spending power. The question of unconstitutionally coercive conditions was also novel. Indeed, no federal court had ever found any legislation to be an unconstitutionally coercive exercise of the spending power until the Court decided National Federation of Independent Business v. Sebelius (NFIB) on June 28, 2012. This Article proceeds as follows: Part I discusses the Affordable Care Act's Medicaid expansion in the context of the history and purpose of the Medicaid Act, paying particular attention to facts …

Where There Is A Right, There Must Be A Remedy (Even In Medicaid), Nicole Huberfeld

Law Faculty Scholarly Articles

This Article will explore the power struggle that Medicaid invites and its potential elevation due to the pressures that will follow the Patient Protection and Affordable Care Act’s (ACA) expansion. Part I of this Article will describe the three phases of private enforcement litigation and how they have affected Medicaid reimbursement rates. This Part also will highlight the deceptive stability that has taken root in the lower federal courts by describing the recent state attempts to end private enforcement actions. The first Part will conclude by briefly considering the nature of the federalism arguments that states are making. Part II …

Keep Your “Friends” Close And Your Enemies Closer: Walking The Ethical Tightrope In The Use Of Social Media., John G. Browning

St. Mary's Journal on Legal Malpractice & Ethics

This Article will examine the ethical issues posed by lawyers’ use of social media platforms in light of the ABA Ethics Commission 20/20 changes to the Model Rules of Professional Conduct. Social networking has had a transformative effect both on the way society shares information and on the legal profession. Much of the discussion to date focuses on the discovery and use of evidence from social media sites in criminal cases and civil litigation, but attention must also be directed to the ethical quandaries posed by the legal profession’s use of social media. This Article will consider issues such as …