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Articles 31 - 60 of 378
Full-Text Articles in International Law
The Libor Manipulation Scandal & The Wheatley Review: A Band-Aid On A Knife Wound, John Weldon
The Libor Manipulation Scandal & The Wheatley Review: A Band-Aid On A Knife Wound, John Weldon
Syracuse Journal of International Law and Commerce
No abstract provided.
Who's Your Daddy? The International Market For American Sperm, Samantha C. Robbins
Who's Your Daddy? The International Market For American Sperm, Samantha C. Robbins
Syracuse Journal of International Law and Commerce
No abstract provided.
Syracuse Journal Of International Law And Commerce - Volume 41, Number 1 (Complete)
Syracuse Journal Of International Law And Commerce - Volume 41, Number 1 (Complete)
Syracuse Journal of International Law and Commerce
No abstract provided.
How The Commander In Chief's "Call For Papers" Veils A Path Dependent Result Of Torture, Robert Bejesky
How The Commander In Chief's "Call For Papers" Veils A Path Dependent Result Of Torture, Robert Bejesky
Syracuse Journal of International Law and Commerce
No abstract provided.
Romania's New Child Protection Legislation: Change In Intercountry Adoption Law Results In A Human Rights Violation, Carrie A. Rankin
Romania's New Child Protection Legislation: Change In Intercountry Adoption Law Results In A Human Rights Violation, Carrie A. Rankin
Syracuse Journal of International Law and Commerce
This Note explores and critiques provisions of Law 272 and Law 273, as well as the vulnerable position of Romania's orphaned and abandoned children and Romania's unique challenges to protect them. The remainder of the Introduction maps the history of Romania's orphaned and abandoned children, highlighting the catalysts leading to Romania's need for reform of its child protection laws. Part I traces the drafting process of the new laws, with particular attention on outside influence and how the laws comply with existing international guidelines for inter-country adoption. Part II reveals the devastating consequences the new laws will continue to have …
The Threat Of Border Security On Indigenous Free Passage Rights In North America, Joshua J. Tonra
The Threat Of Border Security On Indigenous Free Passage Rights In North America, Joshua J. Tonra
Syracuse Journal of International Law and Commerce
This note will examine the development and current state of passage rights under United States (Part I), Canadian (Part II), and Mexican law (Part 111). Part IV of this note will then critically explore the current state of the law as it affects two tribes whose homelands are bisected by the United States' borders with its neighbors: the Mohawk Nation, along the U.S.-Canada border; and the Tohono O'odham, on the U.S.-Mexico border. The Note will conclude with an examination of a number of possible changes to border policies affecting the indigenous nations, and a proposal for a unified policy for …
Getting A Good Buy With A Little Help From A Friend: Turning To The United States To Go Forward With Australian Takeovers Regulation, James Mcconvill
Getting A Good Buy With A Little Help From A Friend: Turning To The United States To Go Forward With Australian Takeovers Regulation, James Mcconvill
Syracuse Journal of International Law and Commerce
The idea behind this article is to unlock the hidden "genius" of Australian takeovers law. 1 This is to be achieved not by way of legislative reform, but rather by taking a fresh look at the law which already exists, in light of the structure of U.S. takeovers law and innovation in U.S. corporate law scholarship, along with the use of principles and concepts in marketing. It will draw upon the U.S. economic analysis of law and corporate law; more specifically, treating law as a product in a market. Accordingly, this makes it useful to draw upon principles of marketing …
A Critique Of India's Information Technology Act And Recommendations For Improvement, Stephen E. Blythe
A Critique Of India's Information Technology Act And Recommendations For Improvement, Stephen E. Blythe
Syracuse Journal of International Law and Commerce
India's Information Technology Act (/TA) recognizes the legal validity of £-documents, £-signatures and £-contracts, and also promotes £-government. £-documents are not allowed in wills, trusts, sales of real property, negotiable instruments and powers-of-attorney. An £-document may be used to satisfy a statutory requirement of writing; authentication; retention; publication; and governmental filing, issuance or payment. A digital signature complies with a statutory requirement for a handwritten signature to be affixed on paper. The /TA includes £-contract rules relating to: attribution, acknowledgement of receipt, and time and place of transmission and reception of an electronic message. Rules are provided for the regulation …
Global Compact: A Critique Of The U.N.'S "Public-Private" Partnership For Promoting Corporate Citizenship, Surya Deva
Global Compact: A Critique Of The U.N.'S "Public-Private" Partnership For Promoting Corporate Citizenship, Surya Deva
Syracuse Journal of International Law and Commerce
this article aims to critically evaluate the evolution of, and the progress made by, the Global Compact in making participant corporations "embrace, support and enact" the ten Compact principles. Part I offers insights into the evolution of the Global Compact by critically reviewing the major milestones reached in the last seven years - from the backing of U .N. General Assembly resolutions to the integrity measures, the Shanghai Declaration, the principles for responsible investment, and the new governance framework. Part II elaborates the argument why the Global Compact is still too compact to be termed global in the true sense. …
"Birds Of A Feather" Rico: Trying Partners In Crime Together, Julie Gunnigle
"Birds Of A Feather" Rico: Trying Partners In Crime Together, Julie Gunnigle
Syracuse Journal of International Law and Commerce
This Article examines how RICO's substantive elements, namely "enterprise," "pattern," and "racketeering activity," shift the balance of power in a criminal prosecution by altering the application of procedural and evidentiary rules. Part I reviews the relevant procedural and evidentiary rules, as they existed before RICO and the advent of the "enterprise trial." Part II introduces RICO and examines how it changed the application of these rules, with particular focus on the law of joinder of offenses and offenders. Part III examines the law of joinder and severance in the U .K. where the primary paradigm for a trial is a …
The Syracuse Conference On A World Rule Of Law: American Perspectives An Introduction, Malcolm M. Feeley
The Syracuse Conference On A World Rule Of Law: American Perspectives An Introduction, Malcolm M. Feeley
Syracuse Journal of International Law and Commerce
The working group was charged with exploring virtually all facets of democracy and the rule of law, as they pertain to established constitutional democracies, societies undergoing "transitions to constitutional democracies," and those societies where democracy remains little more than a hopeful wish. Papers and much of the discussion during the two days probed beneath the structural formalities that are obvious and important requisites of democracy, to explore the subtexts of and cultural conditions for democracy and the rule of law, those features that may be so taken-for-granted that they usually go unacknowledged, let alone unexplored in discussion of democratic theory. …
The Oas And Constitutionalism: Lessons From Recent West African Experience, Stephen J. Schnably
The Oas And Constitutionalism: Lessons From Recent West African Experience, Stephen J. Schnably
Syracuse Journal of International Law and Commerce
The Inter-American Democratic Charter commits the OAS to respond to "an unconstitutional alteration of the constitutional regime that seriously impairs the democratic order in a member state." The Declaration of Florida envisions the possibility of an OAS mechanism to "address[] situations that might affect the workings of the political process of democratic institutions or the legitimate exercise of power." Other organizations have similar commitments. MERCOSUR, a free trade association among several South American nations, agreed in 1996 to respond to any "interruption in the democratic order" of its members or associates. The Organization of African Unity formally bound itself in …
Reflecting On The Rule Of Law, Its Reciprocal Relation With Rights, Legitimacy And Other Concepts And Institutions, Samuel J.M. Donnelly
Reflecting On The Rule Of Law, Its Reciprocal Relation With Rights, Legitimacy And Other Concepts And Institutions, Samuel J.M. Donnelly
Syracuse Journal of International Law and Commerce
When bringing social science to the study of law, understanding the role of law in the process of social change is central. The great American example of social change influenced by law begins, of course, with the end of our Civil War, the freeing of the slaves, and continues through the establishment of segregation, the attacks upon it, desegregation and the development of affirmative action. May I suggest that another very important sequence of legal and social changes is the development and recognition of human rights in the European Union since · World War 11. In the first part of …
American Society And The Rule Of Law, Philip Selznick
American Society And The Rule Of Law, Philip Selznick
Syracuse Journal of International Law and Commerce
I am here to bring some thoughts about my own country's experience in trying to understand the meaning of the rule of law and to make good on its promise. I will have to take up some issues in jurisprudence, and also some aspects of American legal history. I do not apologize for combining jurisprudence and sociology of law, for that combination faithfully reflects what we are trying to achieve in the Jurisprudence and Social Policy Program (JSP) in the Boalt School of Law at the University of California, Berkeley. I begin with some comments on the meaning of the …
Community And Democracy: Syracuse Reflections, Richard E.D. Schwartz
Community And Democracy: Syracuse Reflections, Richard E.D. Schwartz
Syracuse Journal of International Law and Commerce
How does the American experience with democracy contribute to our understanding of the prospects for, and paths to, democracy worldwide?" Another half of the papers prepared for the Conference deal with the experience of other countries, many of them moving toward rule-of-law democracy. Taken together, they represent a sample of our present knowledge-and they suggest new directions for future research. Communities with certain qualities contribute to the development and sustaining of democracy. The qualities to which I refer include: mutual respect across lines of division and the creative composition of differences. At Syracuse, we saw two kinds of community: local …
The Contribution Of Brown V. Board Of Education To Law And Democratic Development, Charles V. Willie
The Contribution Of Brown V. Board Of Education To Law And Democratic Development, Charles V. Willie
Syracuse Journal of International Law and Commerce
This article on law and democratic development will focus on Brown v. Board of Education. We celebrated the fiftieth anniversary of Brown I in the year 2004 and we celebrated the fiftieth anniversary of Brown II in the year 2005. I know that Brown is an important event on which to anchor an analysis of law and democratic development because of a conference I attended in April 2004, in South Africa. The conference was sponsored by the University of Pretoria and was staged for the purpose of celebrating the tenth anniversary of South Africa as a democracy and the fiftieth …
Franklin D. Roosevelt's Psychological Contribution To The United Nations, Richard E. D. Schwartz
Franklin D. Roosevelt's Psychological Contribution To The United Nations, Richard E. D. Schwartz
Syracuse Journal of International Law and Commerce
FDR promoted U.S. participation in the United Nations in several ways. In this article I focus on his use of mass communication to reach individuals and families in the U.S. In his ''fireside chats, " he empathically addressed widely experienced problems and then proposed solutions requiring publicly supported governmental actions. In his first term, that technique gained Roosevelt popular support for the New Deal programs. In his second term, FDR turned the nation's attention to the international situation, drawing on the motivations he had earlier tapped. In the 1940 election, both major parties chose internationalist candidates, and Roosevelt was able …
Reinventing Public Administration While "De-Inventing" Administrative Law: Is It Time For An "Apa" For Regulating Outsourced Government Work, David H. Rosenbloom, Suzanne J. Piotrowski
Reinventing Public Administration While "De-Inventing" Administrative Law: Is It Time For An "Apa" For Regulating Outsourced Government Work, David H. Rosenbloom, Suzanne J. Piotrowski
Syracuse Journal of International Law and Commerce
Using state-of-the art "reinvented" public administration, which emphasizes steering rather rowing,2 the DOD outsourced creation of the database to a private firm, BeNow, Inc. In the process of reinventing its public administration the U.S. is "de-inventing" administrative law. More importantly, perhaps, it is doing so by default, that is, without serious and substantial public discussion and political debate on whether cost-effectiveness and other values associated with reinvented public administration should trump the norms embodied in administrative law. The readiness to accept the reinventers' vision of "a government that works better and costs less" is all the more striking in view …
2004-2005 Survey Of International Law In The Second Circuit, Nancy A. Noonan
2004-2005 Survey Of International Law In The Second Circuit, Nancy A. Noonan
Syracuse Journal of International Law and Commerce
This survey reviews significant case law from the United States Court of Appeals for the Second Circuit, the Federal District Courts in New York, and the New York Court of Appeals decided from July 1, 2003 through June 30, 2004. Those cases which overturned old law and/or broke new ground were included in this survey. Consequently, cases that simply reaffirmed previous decisions were not reported.
The Sarbanes-Oxley Act: A Detriment To Market Globalization & International Securities Regulation, W. C. Mclean
The Sarbanes-Oxley Act: A Detriment To Market Globalization & International Securities Regulation, W. C. Mclean
Syracuse Journal of International Law and Commerce
This Note illustrates, in light of current market globalization, how SOx is a detriment to market globalization, and how the International Organization of Securities Commissions ("IOSCO") is better suited than the SEC to govern and regulate international securities trading. First, this paper defines and examines market globalization, as well as U.S. and non-U.S. involvement (i.e., foreign involvement) in market globalization. Second, it addresses the means by which Congress regulates U.S. securities markets, specifically focusing on SOx and its affect on foreign companies traded on U.S. securities exchanges. Finally, this paper considers which regulatory body, the SEC or the IOSCO, would …
Democracy And The Arab World, David Shomar
Democracy And The Arab World, David Shomar
Syracuse Journal of International Law and Commerce
In the pursuit of spreading democracy (constitutional democracy) in the Arab world, a worthy goal in abstract terms, we should start by defining democracy. I found it more enlightening and necessary to dismiss certain false perceptions about what democracy is, before determining what a democracy might mean to us, let alone other cultures.
On Democratic Personalities, Robert W. Daly
On Democratic Personalities, Robert W. Daly
Syracuse Journal of International Law and Commerce
In Part I, I describe and discuss the ideal traits of a democratic personality, note the contribution of education to the acquisition of these traits, and describe other immature traits of personality that impede or preclude the emergence of a democratic personality. In Part II, I note how the traits of a democratic personality are or are not acquired through the processes of identity formation in late adolescence and early adulthood. Finally, I contrast the ideal traits of a democratic personality with other traits that can frustrate attempts to develop a democracy but which can contribute to successful adaptation in …
Food Security Emergencies And The Power Of Eminent Domain: A Domestic Legal Tool To Treat A Global Problem, Robert H. Trudell
Food Security Emergencies And The Power Of Eminent Domain: A Domestic Legal Tool To Treat A Global Problem, Robert H. Trudell
Syracuse Journal of International Law and Commerce
Part I of this Note examines how food insecurity threatens global security. Part II will examine ways that food insecurity is treated today through food aid and charity donated from the wealthy countries of the world. Part II will also discuss agricultural productivity: how it was improved tremendously in the twentieth-century using "Green Revolution" methods of agricultural production, and why such methods are not the optimal solution for the crisis ahead in the countries of sub-Saharan Africa. Part III first examines how intellectual property rights function in the United States and throughout the world, and then ends with a narrower …
A Quick Look At The Inter-American Democratic Charter Of The Oas: What Is It And Is It "Legal"?, Timothy D. Rudy
A Quick Look At The Inter-American Democratic Charter Of The Oas: What Is It And Is It "Legal"?, Timothy D. Rudy
Syracuse Journal of International Law and Commerce
This article briefly discusses the Democratic Charter-its creation, its perhaps murky legal status, and Chapter IV. But I have added new developments that took place after the ASIL meeting which further indicate the Democratic Charter represents an important expression of the progressive development of international law. Democratic government is required for every country in the Western Hemisphere. 8 But the Democratic Charter takes this internal domestic right and establishes it as an external collective right as well. The first article of the Democratic Charter clearly states that it is "[t]he peoples of the Americas [who] have a right to democracy …
Non-Democratic Transitions: Reactions Of The Oas And Caricom To Aristide's Departure, David S. Berry
Non-Democratic Transitions: Reactions Of The Oas And Caricom To Aristide's Departure, David S. Berry
Syracuse Journal of International Law and Commerce
In the last 25 years, however, the Member States of the Organization of American States have allowed democracy to play an even stronger role in the operation of the Organization. Several resolutions, declarations, and an amendment to the OAS Charter have made a non-democratic transition of government a ground for suspension of a Member State's right to participate in either the Organization of American States or Summit of the Americas. This process started with Resolution 1080 on "Representative Democracy" in 1991, and was further grounded and developed in the Protocol of Washington of 1992, the Declaration of Quebec City of …
Democratic Policing Confronts Terror An Protest, Jerome H. Skolnick
Democratic Policing Confronts Terror An Protest, Jerome H. Skolnick
Syracuse Journal of International Law and Commerce
The idea of legal evolution to a rule of law necessarily implies restraints upon the coercive power of the state. Whatever we might mean by coercive state power, surely the institution of the police embodies the essence of such power. Democratic policing has long been a guiding concern in studies of American policing; and it is a major goal of nations in transition to democracy, especially those in Eastern Europe.2 By those seeking change, democratic policing must be concerned with the rule of law as well as with crime and public order and terrorism. In this article, I intend to …