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Articles 991 - 1020 of 1744
Full-Text Articles in International Law
Regulating Lolicon: Toward Japanese Compliance With Its International Legal Obligations To Ban Virtual Child Pornography, Cory L. Takeuchi
Regulating Lolicon: Toward Japanese Compliance With Its International Legal Obligations To Ban Virtual Child Pornography, Cory L. Takeuchi
Georgia Journal of International & Comparative Law
No abstract provided.
Human Rights Law And Racial Hate Speech Regulation In Australia: Reform And Replace?, Dr. Alan Berman
Human Rights Law And Racial Hate Speech Regulation In Australia: Reform And Replace?, Dr. Alan Berman
Georgia Journal of International & Comparative Law
No abstract provided.
New Judicial Review In Old Europe, Alyssa S. King
New Judicial Review In Old Europe, Alyssa S. King
Georgia Journal of International & Comparative Law
No abstract provided.
Constitutional Law - Federalism - As An Incident Of National Sovereignty, The United States Has Paramount Rights And Power In The Seabed And Subsoil Of The Outer Continental Shelf, Stephen O. Spinks
Georgia Journal of International & Comparative Law
No abstract provided.
Right, Title And Interest In The Territorial Sea: Federal And State Claims In The United States, Stephen M. Kiser, Dan A. Aldridge Jr.
Right, Title And Interest In The Territorial Sea: Federal And State Claims In The United States, Stephen M. Kiser, Dan A. Aldridge Jr.
Georgia Journal of International & Comparative Law
No abstract provided.
Soviet Accession To The Universal Copyright Convention: Possible Implications For Future Foreign Publication Of Dissidents’ Works, Lee J. Ross Jr.
Soviet Accession To The Universal Copyright Convention: Possible Implications For Future Foreign Publication Of Dissidents’ Works, Lee J. Ross Jr.
Georgia Journal of International & Comparative Law
No abstract provided.
Book Review: Foreign Affairs And The Constitution. By Louis Henkin. Mineola, N.Y.: The Foundation Press, 1972. Pp. 553. $11.50., Carl Marcy
Georgia Journal of International & Comparative Law
No abstract provided.
Erdos V. United States: Expansion Of Extraterritoriality And Revival Of Exterritoriality, Gary I. Strausberg
Erdos V. United States: Expansion Of Extraterritoriality And Revival Of Exterritoriality, Gary I. Strausberg
Georgia Journal of International & Comparative Law
No abstract provided.
West Germany’S Eastern Policy: Legal Claims And Political Realities, Manfred Zuleeg
West Germany’S Eastern Policy: Legal Claims And Political Realities, Manfred Zuleeg
Georgia Journal of International & Comparative Law
No abstract provided.
Judicial Recusation In The Federal Republic Of Germany, Sigmund A. Cohn
Judicial Recusation In The Federal Republic Of Germany, Sigmund A. Cohn
Georgia Journal of International & Comparative Law
No abstract provided.
Some Structural Dilemmas Of World Organization, C. Wilfred Jenks
Some Structural Dilemmas Of World Organization, C. Wilfred Jenks
Georgia Journal of International & Comparative Law
No abstract provided.
We All Stand Together: The Role Of The Association Of Asian Constitutional Courts And Equivalent Institutions In Promoting Constitutionalism, Maartje De Visser
We All Stand Together: The Role Of The Association Of Asian Constitutional Courts And Equivalent Institutions In Promoting Constitutionalism, Maartje De Visser
Research Collection Yong Pung How School Of Law
This article critically evaluates the interplay among courts with constitutional jurisdiction in Asia. This is done in the specific context of the Association of Asian Constitutional Courts and Equivalent Institutions (AACC). The article finds that the AACC has to date made only a nominal contribution to cultivating inter-court relations in furtherance of common goals and advances the claim that its members ought to rectify this state of affairs. On the one hand, transnational judicial alliances have instrumental value for participating courts in the discharge of their mandate. On the other hand, the AACC can be a useful conduit in nurturing …
The Teaching Of International Law, Myres S. Mcdougal
The Teaching Of International Law, Myres S. Mcdougal
Georgia Journal of International & Comparative Law
No abstract provided.
Foreign Policy And The Government Legal Adviser, Henry Darwin
Foreign Policy And The Government Legal Adviser, Henry Darwin
Georgia Journal of International & Comparative Law
No abstract provided.
The Place Of Policy In International Law, Elihu Lauterpacht
The Place Of Policy In International Law, Elihu Lauterpacht
Georgia Journal of International & Comparative Law
No abstract provided.
The Place Of Policy In International Law, Oscar Schachter
The Place Of Policy In International Law, Oscar Schachter
Georgia Journal of International & Comparative Law
No abstract provided.
The New Tate Letter: Foreign Official Immunity And The Case For A Statutory Fix, Luke Ryan
The New Tate Letter: Foreign Official Immunity And The Case For A Statutory Fix, Luke Ryan
Fordham Law Review
Plaintiffs sometimes bring civil lawsuits in U.S. federal courts against officials or ex-officials of foreign governments accused of committing atrocities abroad. In these types of cases, the foreign individuals will almost certainly invoke the affirmative defense of foreign official immunity. In the 2010 decision, Samantar v. Yousuf, the Supreme Court unanimously held that the Foreign Sovereign Immunities Act (FSIA)—a 1976 statute governing the immunity of foreign states—did not control judicial determination of a foreign individual’s request for immunity. Instead, the Court said that foreign officials may be entitled to immunity as a matter of federal common law. Because of …
Filling The Gap Of Domestic Violence Protection: Returning Human Rights To U.S. Victims, Melanie Kalmanson
Filling The Gap Of Domestic Violence Protection: Returning Human Rights To U.S. Victims, Melanie Kalmanson
Florida State University Law Review
The prevalence of domestic violence in the United States indicates a need for increased governmental protection. The current state-based system inadequately serves victims of domestic violence, and previous US. Supreme Court rulings indicate that the U.S. Constitution leaves the federal government in an impotent position for providing any form of protection for domestic violence victims. Pursuant to the American Declaration on the Rights and Duties of Man, domestic violence violates one's human rights, or those fundamental to personhood. By ratifying the American Declaration through the Charter of the Organization of the American States, the United States established its responsibility for …
Evaluating International State Constitutionalism, Johanna Kalb
Evaluating International State Constitutionalism, Johanna Kalb
Washington Law Review Online
This Essay is part of the Symposium on State Constitutional Law in Honor of the late Washington State Supreme Court Justice Robert F. Utter that was held on October 23, 2015.
Presidential War Powers As A Two-Level Dynamic: International Law, Domestic Law, And Practice-Based Legal Change, Curtis A. Bradley, Jean Galbraith
Presidential War Powers As A Two-Level Dynamic: International Law, Domestic Law, And Practice-Based Legal Change, Curtis A. Bradley, Jean Galbraith
Faculty Scholarship
There is a rich literature on the circumstances under which the United Nations Charter or specific Security Council resolutions authorize nations to use force abroad, and there is a rich literature on the circumstances under which the U.S. Constitution and statutory law allows the President to use force abroad. These are largely separate areas of scholarship, addressing what are generally perceived to be two distinct levels of legal doctrine. This Article, by contrast, considers these two levels of doctrine together as they relate to the United States. In doing so, it makes three main contributions. First, it demonstrates striking parallels …
Evading The Treaty Power?: The Constitutionality Of Nonbinding Agreements, Michael D. Ramsey
Evading The Treaty Power?: The Constitutionality Of Nonbinding Agreements, Michael D. Ramsey
FIU Law Review
No abstract provided.
International Dealmaking At The White House: Toward A Viable Test Of Allowable Sole Executive Agreements, Joshua Abbuhl
International Dealmaking At The White House: Toward A Viable Test Of Allowable Sole Executive Agreements, Joshua Abbuhl
National Security Law Program
The Constitution's Treaty Clause states that the President "shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur." This clause represents the only instance in which the Constitution describes a process by which the United States can conclude agreements with foreign governments. However, the President regularly enters international agreements on his own authority and without the assent of a supermajority of the Senate. This Note explores when the President may lawfully enter such agreements, known as "sole executive agreements."
Understanding South Africa’S Aspirational Constitution As Scaffolding, Stu Woolman
Understanding South Africa’S Aspirational Constitution As Scaffolding, Stu Woolman
NYLS Law Review
No abstract provided.
How Should The South African Constitutional Court Approach Tensions Between Women’S Rights And Religious Rights?, Julia L. Ernst
How Should The South African Constitutional Court Approach Tensions Between Women’S Rights And Religious Rights?, Julia L. Ernst
NYLS Law Review
No abstract provided.
“The Advert Was Put Up Yesterday”: Public Participation In The Traditional Courts Bill Legislative Process, Thuto Thipe, Monica De Souza, Nolundi Luwaya
“The Advert Was Put Up Yesterday”: Public Participation In The Traditional Courts Bill Legislative Process, Thuto Thipe, Monica De Souza, Nolundi Luwaya
NYLS Law Review
No abstract provided.
The War On American Diplomacy: Isis, Al-Qaeda, And Taliban's Sustained Attacks On Peaceful U.S. Missions Abroad, Justus Reid Weiner
The War On American Diplomacy: Isis, Al-Qaeda, And Taliban's Sustained Attacks On Peaceful U.S. Missions Abroad, Justus Reid Weiner
Cardozo Journal of Conflict Resolution
According to the American Foreign Service Association, seventy-six U.S. diplomats were killed between the years of 1973 and 2013 during peaceful missions abroad, amounting to over forty deaths. These diplomats were beacons of peace in their respective regions, maintaining peaceful relations amongst each other's countries and mitigating conflict without the use of violence. Continued attacks on diplomats are a demonstration of violence not only against them as individuals, but against peace around the globe. The most obvious way to resolve this conflict is to acknowledge the innumerous terror attacks that have taken place and take active steps to resolve the …
Executive Power Under The Constitution: A Presidential And Parliamentary System Compared, Gabrielle Appleby, Adam Webster
Executive Power Under The Constitution: A Presidential And Parliamentary System Compared, Gabrielle Appleby, Adam Webster
University of Colorado Law Review
No abstract provided.
The Ninth Circuit's Decision In Von Saher V. Norton Simon Museum Of Art At Pasadena: The Invocation Of The Act Of State Doctrine And Its Implications For Future Nazi-Stolen Art Claims, Erica Wolf
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Taking Constitutional Identities Away From The Courts, Pietro Faraguna
Taking Constitutional Identities Away From The Courts, Pietro Faraguna
Brooklyn Journal of International Law
In federal states, constitutional identity is the glue that holds together the Union. On the contrary, in the European Union—not a fully-fledged federation yet—each Member state has its own constitutional identity. On the one hand, the Union may benefit from the particular knowledge, innovation, history, diversity, and culture of its individual states. On the other hand, identity-related claims may have a disintegrating effect. Constitutional diversity needs to come to terms with risks of disintegration. The Treaty on the European Union seeks a balance, providing the obligation to respect the constitutional identities of its Member states. Drawing from the European experience, …
The Costs And Consequences Of Incorrect Citations: European Law In The U.S. Supreme Court, Andrea Pin
The Costs And Consequences Of Incorrect Citations: European Law In The U.S. Supreme Court, Andrea Pin
Brooklyn Journal of International Law
Building on the controversy over foreign citations in domestic courts, this article reflects on the U.S. Supreme Court's practice of quoting EU law and the European Court of Human Rights’ case law. It offers a detailed examination of how the U.S. Supreme Court has used European sources and shifts the debate over whether it should use them, by explaining a different way in which the court could exploit them. The article focuses on the three fields in which such foreign case law has either influenced the U.S. Supreme Court decisions or otherwise impacted the judges’ reasoning: laws targeting homosexual conduct; …