Comparative and Foreign Law Commons^™

Cubismo Inductivo Social Integrado, Lana Russ-Trent

ILSA Journal of International & Comparative Law

Sean guerras entre naciones o discusiones dentro de familias, el conflicto es causado por muchos factores y fuerzas, e interno o externo, micro o macro.

Blessed Are The Peacemakers": Faith-Based Approaches To Dispute Resolution, R. Seth Shippee

ILSA Journal of International & Comparative Law

This article explores and compares the faith-based dispute resolution philosophies and techniques of Christianity, Islam, and Judaism and examines their interaction with the secular legal system.

The Status Of Scientific Research Whaling In International Law, Nobuyuki Yagi

ILSA Journal of International & Comparative Law

It is an honor to speak before you at this panel. The issue of whaling has been extensively debated in various international occasions for at least one quarter of the century.

Looking Through A Glass Darkly: Applying The Lens Of Social Cubism To The Police-Minority Group Conflict In America, K. Michelle Scott

ILSA Journal of International & Comparative Law

In recent years, there has been a steady stream of growing concern in nations throughout the world about police officers' use of excessive, brutal, and sometimes deadly force where circumstances do not warrant such actions.

Usos Del Cubismo Social En Analisis De Los Conflictos Comunitarios, Judith Mckay

ILSA Journal of International & Comparative Law

La teorfa del Cubismo Social, 2 una teoria originalmente disefiada para el andlisis del conflicto etnoterritorial intemacional, puede ser usada en el anlisis de micro-conflictos en otros escenarios tal como las comunidades americanas.

Trade Policy Under The Bush Administraion, Richard N. Gardner

ILSA Journal of International & Comparative Law

Let me begin by saying that I believe the Bush Administration is doing an excellent job in trade policy.

Coverage And Medical Necessity Determinations: U.S. Managed Care Treatment Decisions Versus German Administration Rulemaking, Ursula Weide

ILSA Journal of International & Comparative Law

Efforts at health care cost containment are common to all industrialized nations.

Litigation In The Consumer Interest, Geraint Howells, Rhoda James

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. Looking back on the last four decades, one can now clearly detect a trend for special legislation protecting the interests of consumers.

Social Cubism And Social Conflict: Analysis And Resolution, Sean Byrne, Neal Carter, Jessica Senehi

ILSA Journal of International & Comparative Law

With the collapse of Communism and the Cold War geopolitical order, three interrelated tendencies surfaced; the growing disempowerment of ideologies based on modem rationality,' the formation of a new transnational order with an integrated financial system, standards of production and consumption; and, the relative decline of the centralized nation state, and modem territorial sovereignty

Cubismo Social: Seis Fuerzas Sociales Sobre Politicas En Irlanda Del Norte Y Quebec, Sean Byrne, Neal Carter

ILSA Journal of International & Comparative Law

Los estudios de poliftica ethnoterritorial tipicamente examinan estructuras polfticas y econ6micas para acentuar los intereses que compiten de grupos, o usar una aproximaci6n psicoanalftica de acentuar fuerzas psicol6gicas y culturales.

The Political Economy Of Violence And Insecurity In The Borderlands Of Nothernkenya: A Social Cubism Perspective, Joshia Osamba

ILSA Journal of International & Comparative Law

Since the 1980s, conflicts and violence involving pastoral communities in the borderlands of northern Kenya have become endemic.

The Plight Of The Street Children Of Latin America Who Are Addicted To Sniffing Glue, And The Role And Responsibilities Of Transnational Corporations, Charmaine J. Comprosky

ILSA Journal of International & Comparative Law

A great concern for the international community is protecting the rights of children around the world.'

Complexity As A Shock Absorder: The Belgian Social Cube, Neal Alan Carter

ILSA Journal of International & Comparative Law

Throughout its history, Belgium has been a complex political and social entity. The King of the Belgians was told in an official report that 'there are no Belgians.'

U.S. Drug Court: A Building Block For Canada, Lisa Strauss

ILSA Journal of International & Comparative Law

Since the establishment of the first drug treatment court in Dade County, Florida, United States in 1989, these specialized courts have become a rapidly expanding alternative to traditional law enforcement.

Sanctions Against Non-State Actors For Violations Of International Law, Jordan J. Paust

ILSA Journal of International & Comparative Law

Numerous forms of non-state actor conduct in violation of treaty- based and customary international law have been subject to criminal and civil sanctions in various international and domestic fora for centuries.

Social Cubism: Six Social Forces Of Ethnopolitical Conflict In Northern Ireland And Quebec, Sean Byrne, Neal Carter

ILSA Journal of International & Comparative Law

Studies of ethnoterritorial politics typically either examine political and economic structures to emphasize the competing interests of groups….

The Legality Of Nato's Intervention In Yugoslavia In 1999: Implications For The Progressive Development Of International Law, Jeffrey S. Morton

ILSA Journal of International & Comparative Law

NATO's intervention in Yugoslavia in 1999 in response to violations of human rights raises a number of legal and moral questions concerning the right of states to respond to humanitarian disasters.

Social Cubism: A Comprehensive Look At The Causes Of Conflict In Sri Lanka, S. I. Keethaponcalan

ILSA Journal of International & Comparative Law

The conflict between the ethnic Sinhalese and the Tamils in Sri Lanka is one of the prominent ethnic problems in the world today.

Transnational Accountability And The Politics Of Shame, James N. Rosenau

ILSA Journal of International & Comparative Law

Since my work on world affairs is sensitive to the legal dimensions of the course of events, it is an especial pleasure to participate for the first time in a meeting of the International Law Association.

Cubismo Social Y Conflicto Social: Analisis Y Resolucion, Sean Byrne, Neal Carter, Jessica Senehi

ILSA Journal of International & Comparative Law

Con el colapso del comunismo y del orden geopolftico de la Guerra Frfa, surgieron tres tendencias ligadas a la perdida del poder de las ideologfas basadas en la racionalidad moderna;' la formaci6n de un nuevo orden transnacional con un sistema financiero integral, patrones de producci6n y de consumo; la deca- dencia relativa de estados centralizados y una soberanfa territorial moderna.

Cross-Cultural Arbitration: Do The Differences Between Cultures Still Influence International Commercial Arbitration Despite Harmonization?, Lara M. Pair

ILSA Journal of International & Comparative Law

Imagine an International Commercial Arbitration hearing. Imagine how the procedure of your International Commercial Arbitration works.

Gramm-Leach-Bliley: The Effect Of Interim Rulings On German Banks, Sarah Smith

ILSA Journal of International & Comparative Law

In 1933, the Glass-Steagall Act created a "complete divorcement" between commercial and investment banking.'

A Conceptual Framework For A Multifactor, Multi-Level Analysis Of The Origins Of Workplace Violence, Bini Litwin

ILSA Journal of International & Comparative Law

Violence is an issue that is often chronicled throughout the world, with media stories depicting violence in the home, streets, schools and workplace.

The Use Of Social Cubism In The Analysis Of Community Conflicts, Juudith Mckay

ILSA Journal of International & Comparative Law

The theory of Social Cubism, a theory originally designed for the analysis of international ethnoterritorial conflict…

The Special Court For Sierra Leone: Establishing A New Approach To International Criminal Justice, John Cerone

ILSA Journal of International & Comparative Law

The proposed Special Court for Sierra Leone is sometimes referred to as a national/international hybrid entity.

Charter Insights For American Equality Jurisprudence, Stephen F. Ross

Faculty Scholarship

Although both the Canadian Charter and the United States Constitutions protect persons from denial of equal protection of the law, the interpretation of the broad language of the two equality guarantees has been quite different. The Supreme Court of Canada has adopted an approach of substantive equality, concluding that section 15 is designed to prevent the loss of human dignity that accompanies discrimination based on disadvantage and stereotype. At least with regard to race, a majority of the justices on the United States Supreme Court adhere to a jurisprudence of formal equality, concluding that the Fifth and Fourteenth Amendments prohibit …

Extradition And The Conflict In Northern Ireland: The Past, Present And Future Of An Intractable Problem, Margaret I. Branick

UC Law SF International Law Review

British government efforts to extradite members of the Provisional Irish Republican Army (IRA) from the United States have posed challenges to U.S. extradition policy since the 1970s. Under extradition law, "political offenses" traditionally are treated as non-extraditable offenses. Use of the political offense exception to deny extradition of IRA fugitives from the United States prompted the United Kingdom and the United States to sign a Supplementary Treaty in 1985, which eliminated the political offense exception for broad categories of violent acts.

This Note briefly reviews the background of the conflict in Northern Ireland, and discusses extradition law and the political …

Electronic Signatures: A Comparison Of American And European Legislation, Lance C. Ching

UC Law SF International Law Review

The federal Electronic Signatures in Global and National Commerce Act, effective on October 1, 2000, established that a signature, contract, or record related to an interstate or foreign transaction cannot be denied legal effect simply because it is in electronic form, subject to certain exceptions. For much the same purpose, the European Parliament and Council adopted the Directive on a Community Framework for Electronic Signatures in December 1999.

This Note discusses the approaches taken by the United States and the European Union toward establishing the validity of electronic signatures. It provides a brief overview of the history of electronic commerce …

Identifying Terrorists: Privacy Rights In The United States And The United Kingdom, Joyce W. Luk

UC Law SF International Law Review

While the privacy concerns raised by technological advances are widely recognized, recent terrorist attacks and developments in surveillance and information technologies have led to a convergence of technologies that present new challenges to the right to privacy.

This Note gives a general background on video surveillance and facial recognition software and discusses the technology behind, and uses of, closed circuit television in the United States and elsewhere. The Note also explores the meaning of privacy, privacy rights, and their applicability to facial recognition technology, video surveillance, and other emerging surveillance technologies in the United States. It discusses privacy rights and …

Sovereignty, Influence, Realpolitik And The World Trade Organization, Matthew Schaefer

UC Law SF International Law Review

During the U.S. governmental consideration of the Uruguay Round agreements creating the World Trade Organization ("WTO"), claims of "lost sovereignty" were used as a rhetorical device by numerous groups opposed to the WTO. The primary users of the rhetoric were supporters of a more protectionist trade policy, most prominently Pat Buchanan and environmental activists associated with Lori Wallach. However, the ease with which the legalistic response debunked the claim of lost sovereignty and the selective application of sovereignty rhetoric by these groups suggested that their actual concerns did not match the rhetoric. Instead, the underlying concern appears to be over …