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Articles 91 - 120 of 229
Full-Text Articles in Comparative and Foreign Law
80 Years Too Late: The International Criminal Court And The 20th Century's First Genocide, John Shamsey
80 Years Too Late: The International Criminal Court And The 20th Century's First Genocide, John Shamsey
Florida State University Journal of Transnational Law & Policy
No abstract provided.
The Caribbean Basin Initiative: An Examination Of Structural Dependency, Good Neighbor Relations, And American Investment, Michael Cornell Dypski
The Caribbean Basin Initiative: An Examination Of Structural Dependency, Good Neighbor Relations, And American Investment, Michael Cornell Dypski
Florida State University Journal of Transnational Law & Policy
No abstract provided.
The Influence Of The German Concepts Of Volksgeist And Zeitgeist On The Thought And Jurisprudence Of Oliver Wendell Holmes, James Knudson
The Influence Of The German Concepts Of Volksgeist And Zeitgeist On The Thought And Jurisprudence Of Oliver Wendell Holmes, James Knudson
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Grouping Towards Utopia: Capitalism, Public Policy, And Rawls' Theory Of Justice, James Ottavio Castagnera
Grouping Towards Utopia: Capitalism, Public Policy, And Rawls' Theory Of Justice, James Ottavio Castagnera
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Operation Enduring Freedom: Legal Dimensions Of An Infinitely Just Operation, Barry A. Feinstein
Operation Enduring Freedom: Legal Dimensions Of An Infinitely Just Operation, Barry A. Feinstein
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Cooperation For Norminal Development Or Politics For Actual Survival? South Asia In The Making Of International Law, S.N. Al Habsy, Kishor Uprety
Cooperation For Norminal Development Or Politics For Actual Survival? South Asia In The Making Of International Law, S.N. Al Habsy, Kishor Uprety
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Does What Works For “.Com” Also Work For “.Cn”?: Comparative Study Of Anti-Cybersquatting Legal Systems In The United States And China, 20 J. Marshall J. Computer & Info. L. 541 (2002), Fang Fang, Jiarui Lui
Does What Works For “.Com” Also Work For “.Cn”?: Comparative Study Of Anti-Cybersquatting Legal Systems In The United States And China, 20 J. Marshall J. Computer & Info. L. 541 (2002), Fang Fang, Jiarui Lui
UIC John Marshall Journal of Information Technology & Privacy Law
On July 24, 2001, the Supreme People's Court issued a judicial interpretation as a guideline for all Chinese courts in deciding cybersquatting cases. However, the interpretation followed closely to the U.S. Anti-Cybersquatting Consumer Protection Act. With inherent legal and judicial differences between the two countries, the authors analyze whether and to what extent China can transplant the American experience to construct Chinese effective legal mechanisms against cybersquatters. In so doing, authors first discuss the Lanham Act and using trademark infringement as a cause of action. Authors are quick to point out that cybersquatters do not use registered trademarks to conduct …
Vietnam’S Antitrust Legislation And Subscription To E-Asean: An End To The Bamboo Firewall Over Internet Regulation, 20 J. Marshall J. Computer & Info. L. 631 (2002), Robert Neil Wilkey
Vietnam’S Antitrust Legislation And Subscription To E-Asean: An End To The Bamboo Firewall Over Internet Regulation, 20 J. Marshall J. Computer & Info. L. 631 (2002), Robert Neil Wilkey
UIC John Marshall Journal of Information Technology & Privacy Law
As a result of an unprecedented congestion of its Internet and mobile phone communications, many technocrats in Vietnam trace such problems to government policy driven by security concerns. Therefore, the author in this article analyzes Vietnam's regulatory response to Internet technology. The author first discusses the historical background of Vietnam's management and regulatory policy over the Internet. He argues that the policy is essentially the result of socialist assumptions of the state's dominant role in the country's economic growth. Under its 1997 decree regarding Internet usage, the General Director of the General Postal Bureau has the exclusive authority and primary …
Isla Journal Of International And Comparative Law, Isla Journal Of Comparative Law
Isla Journal Of International And Comparative Law, Isla Journal Of Comparative Law
ILSA Journal of International & Comparative Law
The identification of the consumer as a discrete party, entitled to specific legal rights, is a product of the latter half of the twentieth century.
Alternatives For Non-U.S. Attorneys In The United States, Farzad Damania
Alternatives For Non-U.S. Attorneys In The United States, Farzad Damania
ILSA Journal of International & Comparative Law
With globalization there has been a visible growth in the international trade of legal services.
The Death Penalty In The United States: Following The European Lead, Nora V. Demleitner
The Death Penalty In The United States: Following The European Lead, Nora V. Demleitner
Scholarly Articles
None available.
The Brazilian Legal Tradition And Environmental Protection: Friend Or Foe, Janelle E. Kellman
The Brazilian Legal Tradition And Environmental Protection: Friend Or Foe, Janelle E. Kellman
UC Law SF International Law Review
Brazil is home to almost forty-two percent of the area known worldwide as the Amazon basin. Despite its tremendous beauty and ecological richness, the Amazon forest is being destroyed at an unprecedented rate. Legal historians and international scholars have argued that the controversy surrounding the Amazon has stemmed from conflicting economic uses of the forest. Economics, however, is only one piece of the puzzle that accounts for the massive destruction of the rainforest and its surrounding ecosystem. Brazil has a complex set of environmental regulations and statutes. This Article examines how Brazilian legal culture and society have made it virtually …
Microcredit As Model: A Critique Of State/Ngo Relations, Celia R. Taylor
Microcredit As Model: A Critique Of State/Ngo Relations, Celia R. Taylor
Sturm College of Law: Faculty Scholarship
This article argues that in an era of globalization, increased cooperation between States and NGOs is essential. While states will continue to dominate, globalization presents problems that go beyond the individual and even collective capacity of States. It uses microcredit, the practice of providing access to capital and other financial services sums of money to traditionally disadvantaged groups pioneered by the Grameen Bank in Bangladesh as a model for productive collaboration between States and NGOs. It assesses the roadblocks to such a collaborative model, and argues that careful attention to incentives and structure can overcome those hurdles and help all …
Governance Of Internet Domain Names Against Cybersquatters In China: A Framework And Legal Perspective, Mo Zhang
UC Law SF International Law Review
Registration of domain names in China has been burgeoning at an accelerated pace in recent years. Due to the lack of an effective link between domain name registration and protection of trademarks, speculators, driven by the potential profit derived from registering famous marks and service marks of others, often abuse the registration and use of domain names. Consequently, trademark infringement stemming from illegal registration and use of domain names has emerged as a serious legal issue. Despite China's efforts to manage and control the registration of domain names through administrative schemes, such remedial measures seem inadequate to solve the thorny …
State Sponsorship And Support Of International Terrorism: Customary Norms Of State Responsibility, Scott M. Malzahn
State Sponsorship And Support Of International Terrorism: Customary Norms Of State Responsibility, Scott M. Malzahn
UC Law SF International Law Review
International terrorists survive and flourish while working underground and out of sight. However, for all its secrecy, terrorism develops within national borders, often in cooperation with public officials or at the acquiescence of political leaders. This note explores the symbiotic relationship between states and private persons who commit crimes of international terrorism, and analyzes the relevant customary norms of international law that may serve as a legal device to hold states accountable in damages for state sponsorship and support of international terrorism. Although legal remedies to acts of terrorism are not always satisfactory, the potential value and positive externalities of …
Convergence In Corporate Governance - Possible, But Not Desirable, Brett H. Mcdonnell
Convergence In Corporate Governance - Possible, But Not Desirable, Brett H. Mcdonnell
Villanova Law Review (1956 - )
No abstract provided.
Panel On The Responses To The Recent Terrorist Attacks On The U.S., Anne F. Bayefsky
Panel On The Responses To The Recent Terrorist Attacks On The U.S., Anne F. Bayefsky
ILSA Journal of International & Comparative Law
The war on terrorism has a fundamental flaw, which puts its success directly at risk.
Integrative-Inductive Social Cubism, Lana Russ-Trent
Integrative-Inductive Social Cubism, Lana Russ-Trent
ILSA Journal of International & Comparative Law
Whether in wars between nations or disputes within families, conflict is caused by many factors and forces, both internal and external, micro and macro.
Resolving Holocaust Claims At The End Of The 20th Century: The United States Government's Role, Eric Rosand
Resolving Holocaust Claims At The End Of The 20th Century: The United States Government's Role, Eric Rosand
ILSA Journal of International & Comparative Law
I will focus on the role the U.S. Government has played in the past few years in the resolution of a number of Holocaust-related disputes
International Police Force Or Tool For Harassment Of Human Rights Defenders And Political Adversaries: Interpol's Rift With The Human Rights Community, Charles R. Both
International Police Force Or Tool For Harassment Of Human Rights Defenders And Political Adversaries: Interpol's Rift With The Human Rights Community, Charles R. Both
ILSA Journal of International & Comparative Law
The limits imposed on member states are explicitly set forth in Article III of the ICPO-Interpol Constitution and General Regulations.
The Cuban Adjustment Act: A Law Under Siege?, Javier Talamo
The Cuban Adjustment Act: A Law Under Siege?, Javier Talamo
ILSA Journal of International & Comparative Law
United States foreign policy toward Cuba has to a great degree been based on the containment and management of Cuban nationals seeking to migrate to the Untied States.
Scientific Research Whaling In International Law: Objectives And Objections, Howard S. Schiffman
Scientific Research Whaling In International Law: Objectives And Objections, Howard S. Schiffman
ILSA Journal of International & Comparative Law
Scientific research whaling is one of the most hotly debated points of contention between anti-whaling forces and those few remaining states that seek to resume commercial whaling.
The Unlawfulness Of The Use Or Threat Of Use Of Nuclear Weapons, Charles J. Moxley Jr.
The Unlawfulness Of The Use Or Threat Of Use Of Nuclear Weapons, Charles J. Moxley Jr.
ILSA Journal of International & Comparative Law
Our current policy is nuclear deterrence, whereby we threaten the use of nuclear weapons against any adversary who uses nuclear, chemical, biological, or even massive conventional weapons against us.
The International Trial Of Slobodan Milosevic: Real Justice Or Realpolitik?, Michael P. Scharf
The International Trial Of Slobodan Milosevic: Real Justice Or Realpolitik?, Michael P. Scharf
ILSA Journal of International & Comparative Law
There were disquieting echoes of Nuremberg at the arraignment of Slobodan Milosevic in The Hague on July 3, 2001.
Technological Advancements And The Evolution Of Terrorism, Cheri Ganeles
Technological Advancements And The Evolution Of Terrorism, Cheri Ganeles
ILSA Journal of International & Comparative Law
Terrorism is one of the most heinous crimes against humanity and human rights.
Complejidad Como Un Amortiguador: El Cubo Social Belga, Neal Alan Carter
Complejidad Como Un Amortiguador: El Cubo Social Belga, Neal Alan Carter
ILSA Journal of International & Comparative Law
En toda su historia, B61gica ha sido una entidad compleja politicamente y socialmente.
Those Who Could Not Wander And The Creation Of A State: The Jews And The Palestinians, Adam S. Klein
Those Who Could Not Wander And The Creation Of A State: The Jews And The Palestinians, Adam S. Klein
ILSA Journal of International & Comparative Law
When Jesus was in Jerusalem carrying his Cross to Cavalry, he took a moment to pause on a man's doorstep.
Isla Journal Of International And Comparative Law, Ilsa Journal Of International & Comparative Law
Isla Journal Of International And Comparative Law, Ilsa Journal Of International & Comparative Law
ILSA Journal of International & Comparative Law
No abstract provided.
Aids, Anthrax, And Compulsory Licensing: Has The United States Learned Anything? A Comment On Recent Decisions On The International Intellectual Property Rights Of Pharmaceutical Patents, Thomas F. Mullin
ILSA Journal of International & Comparative Law
The concern over protection of Intellectual Property has been an issue for over 500 years.
2002 Philip C. Jessup International Moot Court Competition, Chris Curran, Hamish Forsyth, Philippa Jones, Alexandra Smithyman, Reuven Young
2002 Philip C. Jessup International Moot Court Competition, Chris Curran, Hamish Forsyth, Philippa Jones, Alexandra Smithyman, Reuven Young
ILSA Journal of International & Comparative Law
The Republic of Turingia and the Republic of Babbage have brought their case before this Court by notification of the Special Agreement as provided for by Article 40(1) of the Statute of the International Court of Justice.