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Articles 3541 - 3570 of 5725
Full-Text Articles in International Law
Recent Developments In The Debate Concerning The Use Of Foreign Law In Constitution Interpretation, Lisa Sofio
Recent Developments In The Debate Concerning The Use Of Foreign Law In Constitution Interpretation, Lisa Sofio
UC Law SF International Law Review
Comparative analysis, the interpretive technique of using foreign and international law to better understand the United States Constitution, may be a valuable tool for modern judges. Legislative proposals and statements made by various members of Congress reveal that Congress is opposed to the judiciary's use of comparative analysis and appears prepared to take drastic measures to prevent judges from looking to foreign law to answer difficult questions. This note explores the propriety and reasons for this response and explores whether comparative analysis has merit as an interpretive tool.
Misconceptions, Miscalculations, And Mistakes: P2p, China, And Copyright, Tao Leung
Misconceptions, Miscalculations, And Mistakes: P2p, China, And Copyright, Tao Leung
UC Law SF International Law Review
The entertainment industry initially treated the advent of peer-to-peer ("P2P") technologies as a death-knell for copyright protections and attempted to fix the perceived problem with solutions that were misguided, litigious, ineffective, and costly. By viewing P2P technology as a threat, the industry failed to capitalize on a new technology that might have provided limitless opportunity. Moreover, the recording industry's narrow-minded attempt to curtail illegal file sharing mirrored the U.S. government's attempt to enforce intellectual property protection in China. Both the entertainment industry and the United States failed to understand the economic, social, and cultural realities in the areas in which …
The Ada's Application To Foreign-Flagged Cruise Ships: The Supreme Court's Precedent In Spector V. Norwegian Cruise Line Transcends The United States' Borders, Jaclyn Sheehan
ILSA Journal of International & Comparative Law
Last year 10.6 million people flipped through the brochures of cruise line vacations' while dreaming of navigating the Caribbean aboard a luxury cruise ship and enjoying the white sandy beaches of exotic islands.
The Nuclear Terrorism Convention: Will Detainees Be Classified As "Enemy Combatants" By The United States?, Heather R. Demner
The Nuclear Terrorism Convention: Will Detainees Be Classified As "Enemy Combatants" By The United States?, Heather R. Demner
ILSA Journal of International & Comparative Law
As images of recent bombings in subways and buses in London on July 7, 2005 make their way across newspapers and news stations internationally, the international community relives the atrocious images of the attacks on New York's World Trade Center and is reminded that the threat of terrorism has not vanished
The United Nation's Approach To Trade, The Environment And Sustainable Development, Shawkat Alam
The United Nation's Approach To Trade, The Environment And Sustainable Development, Shawkat Alam
ILSA Journal of International & Comparative Law
The complex and transboundary nature of current environmental problems has turned them into global issues that intricately link ecology, economics and politics.
International Law And The Humanities: Does Love Of Literature Promotw International Law?, Daniel J. Kornstein
International Law And The Humanities: Does Love Of Literature Promotw International Law?, Daniel J. Kornstein
ILSA Journal of International & Comparative Law
Re-examining a basic assumption is always useful. This is so because many serious errors can flow from an assumption uncritically accepted.
The 2005 Hague Convention On Choice Of Court Clauses, Andrea Schulz
The 2005 Hague Convention On Choice Of Court Clauses, Andrea Schulz
ILSA Journal of International & Comparative Law
On June 30, 2005, the Twentieth Session of the Hague Conference on Private International Law unanimously adopted a new Convention on Choice of Court Agreements.
"War" In The American Legal System, Detlev F. Vagts
"War" In The American Legal System, Detlev F. Vagts
ILSA Journal of International & Comparative Law
My role in this symposium is to analyze the concept of "war" as it has evolved in the American legal system.
On The Uneasy Relation Between International Law And Democracy, Carol C. Gould
On The Uneasy Relation Between International Law And Democracy, Carol C. Gould
ILSA Journal of International & Comparative Law
The question we are asked to address is as follows: "Is international law a threat to democracy?" As a political philosopher, my inclination is to suggest that the answer requires clarifying at the outset the sense in which we are using each of the main terms here.
Connecticut And International Law, Houston Putnam Lowry
Connecticut And International Law, Houston Putnam Lowry
ILSA Journal of International & Comparative Law
Most states within the United States do not consider international law in their legislative process.
Compliance Assessment And Compliance Enforcement: The Challenge Of Nuclear Noncompliance, Dr. Christopher A. Ford
Compliance Assessment And Compliance Enforcement: The Challenge Of Nuclear Noncompliance, Dr. Christopher A. Ford
ILSA Journal of International & Comparative Law
Good morning. The question posed for this panel, about the relationship between weapons of mass destruction (hereinafter "WMD") related noncompliance findings and what you have tactfully described as exceptional actions by states acting together or acting unilaterally, is a provocative and important one.
International Law Weekend Panel On Litigating The Holocaust In U.S. Courts, Monica Dugot Esq.
International Law Weekend Panel On Litigating The Holocaust In U.S. Courts, Monica Dugot Esq.
ILSA Journal of International & Comparative Law
I joined Christie's a little over a year ago as Director of Restitution, coordinating Christie's restitution issues globally.
La Applicacion Del Ada A Naves De Crucero Bajo Bandera Extranjera: El Precedente Del Tribunal Supremo Estadounidense En Spector V. Norwegian Cruise Line Traspasa Las Fronteras De Los Estados Unidos, Jaclyn Sheehan
ILSA Journal of International & Comparative Law
El afio pasado 10.6 millones de personas hojearon los folletos de vacaciones de lineas de crucero' sofiando con navegar el caribe abordo de un crucero de lujo y disfrutar las playas de arena blanca en islas ex6ticas. Estos folletos de las lineas de crucero no s6lo tiran el anzuelo mostrando lugares ex6ticos, sino tambi6n una variedad de actividades ofrecidas a bordo de la nave.
After The Hague: Some Thoughts On The Impact On Canadian Law Of The Convention On Choice Of Court Agreements, H. Scott Fairley, John Archibald
After The Hague: Some Thoughts On The Impact On Canadian Law Of The Convention On Choice Of Court Agreements, H. Scott Fairley, John Archibald
ILSA Journal of International & Comparative Law
The Hague Convention on Choice of Court Agreements (HCCCA), signed by member states of the Hague Conference on Private International Law in June 2005, is an important step in harmonizing national conflicts of law rules that sometime strain to manage the burgeoning traffic in transnational litigation generated by global commerce.
El Enfoque De Las Naciones Unidas Sobre El Comercio, El Medio Ambiente Y Desarrollo Sosteniblent, Shawkat Alam
El Enfoque De Las Naciones Unidas Sobre El Comercio, El Medio Ambiente Y Desarrollo Sosteniblent, Shawkat Alam
ILSA Journal of International & Comparative Law
La complejidad de los problemas actuales medioambientales han crecido tanto que han traspasado fronteras y se han convertido en una mezcla intricada de ecologia, economia y politica.
What Is War? Terrorism As War After 9/11, Jane Gilliland Dalton
What Is War? Terrorism As War After 9/11, Jane Gilliland Dalton
ILSA Journal of International & Comparative Law
This paper addresses the topic of terrorism as war after September 11 th, 2001.
Application Of Human Rights Treaties Extraterritorially To Detention Of Combatants And Security Internees: Fuzzy Thinking All Around?, Michael J. Dennis
Application Of Human Rights Treaties Extraterritorially To Detention Of Combatants And Security Internees: Fuzzy Thinking All Around?, Michael J. Dennis
ILSA Journal of International & Comparative Law
The issue before our panel today is a subpart of a larger question: Are obligations assumed by states under international human rights treaties applicable extraterritorially during periods of armed conflict and military occupation?
When Is A War Not A War? The Myth Of The Global War On Terror, Mary Ellen O'Connell
When Is A War Not A War? The Myth Of The Global War On Terror, Mary Ellen O'Connell
ILSA Journal of International & Comparative Law
The starting point of human rights law is the right of the individual, including the right not to be arbitrarily killed. The international law of armed conflict, which is very much older in its origins than human rights law, starts from totally different premises. The soldier has the right to kill another soldier
The Importance Of Customary International Law During Armed Conflict, Jordan J. Paust
The Importance Of Customary International Law During Armed Conflict, Jordan J. Paust
ILSA Journal of International & Comparative Law
Customary international law is universal in its reach.
Is International Law A Threat To Democracy: Framing The Question, Andrew Strauss
Is International Law A Threat To Democracy: Framing The Question, Andrew Strauss
ILSA Journal of International & Comparative Law
I'm Andrew Strauss and welcome to our panel: "Is International Law a Threat to Democracy?" We are lucky this afternoon to have with us a very esteemed and ideologically diverse panel.
Hate Speech Under The American Convention On Human Rights, Eduardo Bertoni
Hate Speech Under The American Convention On Human Rights, Eduardo Bertoni
ILSA Journal of International & Comparative Law
Good morning and thank you for inviting me to participate in this conference. Today I would like to address a very important and novel topic in the Americas-the issue of hate speech.
The Role Of International Arbitrators, Susan D. Franck
The Role Of International Arbitrators, Susan D. Franck
ILSA Journal of International & Comparative Law
With the advent of the global economy, arbitration has become the preferred mechanism for resolving international disputes. Today international arbitrators resolve billions of dollars worth of disputes.
Redefining Imminence: The Use Of Force Against Threats And Armed Attacks In The Twenty-First Century, Dominika Svarc
Redefining Imminence: The Use Of Force Against Threats And Armed Attacks In The Twenty-First Century, Dominika Svarc
ILSA Journal of International & Comparative Law
Contemporary global security threats pose a serious challenge to the existing international legal regime on the use of force.
Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law
Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law
ILSA Journal of International & Comparative Law
I joined Christie's a little over a year ago as Director of Restitution, coordinating Christie's restitution issues globally.
The French "Headscarves Ban": Intolerance Or Necessity?, 40 J. Marshall L. Rev. 235 (2006), Reuven (Ruvi) Ziegler
The French "Headscarves Ban": Intolerance Or Necessity?, 40 J. Marshall L. Rev. 235 (2006), Reuven (Ruvi) Ziegler
UIC Law Review
No abstract provided.
Second Chance For Justice: Reevaluation Of The United States Double Jeopardy Standard, 40 J. Marshall L. Rev. 371 (2006), Andrea Koklys
Second Chance For Justice: Reevaluation Of The United States Double Jeopardy Standard, 40 J. Marshall L. Rev. 371 (2006), Andrea Koklys
UIC Law Review
No abstract provided.
Islamic Principles Governing International Trade Financing Instruments: A Study Of The Morabaha In English Law, Jason C. T. Chuah
Islamic Principles Governing International Trade Financing Instruments: A Study Of The Morabaha In English Law, Jason C. T. Chuah
Northwestern Journal of International Law & Business
The past years have seen a clear and incontrovertible rise in the use of international financial and commercial instruments expressed to be governed by Islamic principles. Banks and other commercial entities in Islamic and non-Islamic countries are increasingly aware of the commercial need to offer services which are specifically tailored to meet this sector of the international market. Disputes over the interpretation and application of such instruments invariably arise. English courts are not insulated from such disputes, given that the City of London is at the forefront of many international commercial and financial dealings. As a matter of law, the …
Fielding A Team For The Fans: The Societal Consequences And Title Vii Implications Of Race-Considered Roster Construction In Professional Sport, N. Jeremi Duru
Fielding A Team For The Fans: The Societal Consequences And Title Vii Implications Of Race-Considered Roster Construction In Professional Sport, N. Jeremi Duru
Scholarly Articles in Law Reviews & Journals
Professional sports organizations' relationships with their players are, like other employer-employee relationships, subject to scrutiny under the antidiscrimination mandates embedded in Title VII of the Civil Rights Act of 1964. Professional sports organizations are, however, unique among employers in many respects. Most notably, unlike other employers, professional sports organizations attract avid supporters who identify deeply with the teams and their players. To the extent an organization racially discriminates, therefore, such discrimination creates the risk that fans will identify with the homogenous or racially disproportionate roster that results. The consequences of such race-based team identification are wide-reaching and potentially tragic. Through …
Inter-American System, Claudia Martin
Inter-American System, Claudia Martin
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Headscarf Stories, Ian Ward
Headscarf Stories, Ian Ward
UC Law SF International Law Review
The seemingly intractable issue of headscarves - when they can be worn, and when they cannot - is currently contested in much of Europe. The apparent intractability is a common experience. The purpose of this article is to present three headscarf 'stories,' and in so doing, stress the narrative nature of this intensely moral and political, as well as legal, controversy. Narrativity, it will be suggested, offers a far more effective means of approaching this kind of issue and its inevitable indeterminacies than the simple recourse to blunt legal instrumentation. While the law must, it seems, play a role in …