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Full-Text Articles in Law

Toward An Interest Group Theory Of Foreign Anti-Corruption Laws, Sean J. Griffith, Thomas H. Lee Jan 2019

Toward An Interest Group Theory Of Foreign Anti-Corruption Laws, Sean J. Griffith, Thomas H. Lee

Faculty Scholarship

Foreign anti-corruption laws—laws that prohibit businesses from paying bribes abroad— present a puzzle. Why would the government of one country care to prevent corruption in other countries, especially when such laws harm domestic businesses? Unregulated foreign competitors can continue to pay bribes and win contracts while domestic companies suffer. Yet foreign anti-corruption laws now span the globe. We offer an interest-group account of the spread of foreign anti-corruption laws. Our account is bottom-up and focused on private interest groups, rather than top-down and focused on state institutions. We look at domestic political interests in the United States and abroad to …


Bringing In A New Scale: Proposing A Global Metric Of Internet Censorship, Philip Chwee Nov 2015

Bringing In A New Scale: Proposing A Global Metric Of Internet Censorship, Philip Chwee

Fordham International Law Journal

Part I of this Note provides an overview of Internet censorship and international law, including the different approaches and theories behind Internet censorship. Part I.A discusses the development of the ICCPR and its application to the Internet. Next, Part I.B-D provides an in-depth overview of the Internet censorship models of three different countries: the United States, the United Kingdom, and China. Part II examines each country’s Internet censorship model under Article 19 of the ICCPR, considering Article 19(3)’s three-part test and requirements established by recent UN reports interpreting them. The analysis will also examine each country’s copyright laws under Article …


The European Union And The United Nations Convention On The Law Of The Sea, Esa Paasivirta Aug 2015

The European Union And The United Nations Convention On The Law Of The Sea, Esa Paasivirta

Fordham International Law Journal

This Essay comments on EU participation in UNCLOS and its implementation. It addresses first the nature of the EU as a contracting party and outlines the modalities for its participation. It then reviews the international implementation of the UNCLOS obligations and the implementation/status of the Convention under EU law.


Moving Forward The Un Guiding Principles For Business And Human Rights: Between Enterprise Social Norm, State Domestic Legal Orders, And The Treaty Law That Might Bind Them All, Larry Catá Backer Jan 2015

Moving Forward The Un Guiding Principles For Business And Human Rights: Between Enterprise Social Norm, State Domestic Legal Orders, And The Treaty Law That Might Bind Them All, Larry Catá Backer

Fordham International Law Journal

No abstract provided.


"The End Of The Beginning?": A Comprehensive Look At The U.N.'S Business And Human Rights Agenda From A Bystander Perspective, Jena Martin Amerson Jan 2012

"The End Of The Beginning?": A Comprehensive Look At The U.N.'S Business And Human Rights Agenda From A Bystander Perspective, Jena Martin Amerson

Fordham Journal of Corporate & Financial Law

With the endorsement of the Guiding Principles regarding the issue of business and human rights, an important chapter has come to a close. Beginning with the then U.N. Secretary-General’s “global compact” speech in 1999, the international legal framework for business and human rights has undergone tremendous change and progress. Yet, for all these developments, there has been no exhaustive examination in the legal academy of all of these events; certainly there is no one piece that discusses or analyzes all the major instruments that have been proposed and endorsed by the U.N. on the subject of business and its relationship …


A New U.N. For A New Century, Anne-Marie Slaughter Jan 2006

A New U.N. For A New Century, Anne-Marie Slaughter

Fordham Law Review

No abstract provided.


Defining And Punishing Abroad: Constitutional Limits On The Extraterritorial Reach Of The Offenses Clause Note, Zephyr Teachout Jan 1998

Defining And Punishing Abroad: Constitutional Limits On The Extraterritorial Reach Of The Offenses Clause Note, Zephyr Teachout

Faculty Scholarship

The Offenses Clause of the United States Constitution gives Congress the authority to "define and punish... Offences against the Law of Nations." This Note considers whether Congress must conform to the jurisdictional rules of customary international law when legislating pursuant to the Offenses Clause.


Special Agreements In The Post-Cold War Era: Reality's Conflict With Legal Theory, Adrienne C. Meisels Jan 1995

Special Agreements In The Post-Cold War Era: Reality's Conflict With Legal Theory, Adrienne C. Meisels

Fordham Law Review

No abstract provided.