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University of Maryland Francis King Carey School of Law

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Articles 121 - 150 of 554

Full-Text Articles in International Law

Experimenting With Clinical Legal Education To Address The Disconnect Between The Larger Promise Of Law And Its Grassroots Reality In India, Ajay Pandey Jan 2011

Experimenting With Clinical Legal Education To Address The Disconnect Between The Larger Promise Of Law And Its Grassroots Reality In India, Ajay Pandey

Maryland Journal of International Law

No abstract provided.


Swarna And Baoanan: Unraveling The Diplomatic Immunity Defense To Domestic Worker Abuse, Emily F. Siedell Jan 2011

Swarna And Baoanan: Unraveling The Diplomatic Immunity Defense To Domestic Worker Abuse, Emily F. Siedell

Maryland Journal of International Law

No abstract provided.


Teaching To The Paradoxes: Human Rights Practice In U.S. Law School Clinics, Deena R. Hurwitz Jan 2011

Teaching To The Paradoxes: Human Rights Practice In U.S. Law School Clinics, Deena R. Hurwitz

Maryland Journal of International Law

No abstract provided.


Foreword: International Clinics And The Global Clinical Movement, Frank S. Bloch Jan 2011

Foreword: International Clinics And The Global Clinical Movement, Frank S. Bloch

Maryland Journal of International Law

No abstract provided.


Global Clinical Legal Education And International Partnerships: A Chinese Legal Educator's Perspective, Yanmin Cai Jan 2011

Global Clinical Legal Education And International Partnerships: A Chinese Legal Educator's Perspective, Yanmin Cai

Maryland Journal of International Law

No abstract provided.


Black Carbon: The Most Important Ignored Contributor To Climate Change, Kate Deangelis Jan 2011

Black Carbon: The Most Important Ignored Contributor To Climate Change, Kate Deangelis

Maryland Journal of International Law

No abstract provided.


Re-Imagining The Human Rights Law Clinic, Arturo J. Carillo, Nicolás Espejo Yaksic Jan 2011

Re-Imagining The Human Rights Law Clinic, Arturo J. Carillo, Nicolás Espejo Yaksic

Maryland Journal of International Law

No abstract provided.


Sarei V. Rio Tinto: How An Exhaustion Requirement For The Alien Tort Statute Will Further Exhaust Remedies For Environmental Injuries, Cheryl Cortemeglia Jan 2011

Sarei V. Rio Tinto: How An Exhaustion Requirement For The Alien Tort Statute Will Further Exhaust Remedies For Environmental Injuries, Cheryl Cortemeglia

Maryland Journal of International Law

No abstract provided.


Where Do We Go From Padilla V. Kentucky? Thoughts On Implementation And Future Directions, Maureen A. Sweeney Jan 2011

Where Do We Go From Padilla V. Kentucky? Thoughts On Implementation And Future Directions, Maureen A. Sweeney

Faculty Scholarship

On March 31, 2010, the U.S. Supreme Court held in the landmark case of Padilla v. Kentucky that the Sixth Amendment right to effective assistance of counsel in criminal cases includes the right for non-U.S. citizens to be correctly and specifically advised about the likely immigration consequences of a plea agreement. The decision represents an important shift in the way courts have addressed such claims by noncitizen defendants. The Court’s decision recognizes a constitutional requirement that defense counsel provide advice in an area of law in which few defense counsel are knowledgeable, and therefore raises important and difficult questions about …


Muslims In A Secular State: Islamic Law And Constitutions Islam In America Jan 2011

Muslims In A Secular State: Islamic Law And Constitutions Islam In America

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


The Holocaust Insurance Accountability Act Of 2010: Hearing Before The United States House Of Representatives, Committee On The Judiciary, Subcommittee On Commercial And Administrative Law. 111th Congress, 2nd Session, Michael P. Van Alstine Sep 2010

The Holocaust Insurance Accountability Act Of 2010: Hearing Before The United States House Of Representatives, Committee On The Judiciary, Subcommittee On Commercial And Administrative Law. 111th Congress, 2nd Session, Michael P. Van Alstine

Congressional Testimony

The testimony explores the essential legal issue of the extent to which executive agreements related to H.R. 4596 have any force as law in the United States. The agreements made it clear that they did not, by themselves, “provide an independent legal basis for dismissal” of claims of Holocaust victims filed in any courts of the United States. Instead, the executive branch simply agreed to file a “statement of interest” in such lawsuits to the effect “that U.S. policy interests favor dismissal on any valid legal ground.” Some lower courts have nonetheless given the statements of interest preemptive effect as …


Introduction: The New Collective Security, Peter G. Danchin, Horst Fischer Jan 2010

Introduction: The New Collective Security, Peter G. Danchin, Horst Fischer

Faculty Scholarship

Whether viewed as a socio-legal project gently civilizing states away from an older politics of diplomacy, deterrence, self-help and legitimate warfare, or as an institutional project establishing a collective security system premised on the rule of law, the primary purpose of the United Nations today remains the maintenance of international peace and security and the abolition of the “scourge of war.” In March 2003, the U.S. and its allies invaded Iraq, a member State of the United Nations, in order to disarm it and change the regime of Saddam Hussein. The war shook the United Nations and leading capitals around …


Things Fall Apart: The Concept Of Collective Security In International Law, Peter G. Danchin Jan 2010

Things Fall Apart: The Concept Of Collective Security In International Law, Peter G. Danchin

Faculty Scholarship

This chapter provides an introduction to the analytical and historical aspects of the concept of collective security in international law. Taking the examples of Italy’s invasion of Ethiopia in 1935 during the League of Nations and the complaint brought by Hyderabad against India at the very inception of the United Nations in 1948, the chapter traces the complex dialectics of normativity and concreteness in debates concerning collective security. Mirroring the normative and institutional dilemmas underlying the two cases of Ethiopia and Hyderabad, it is observed that the questions of “external threats” (the threat or use of force between States) and …


A No-Excuse Approach To Transitional Justice: Reparations As Tools Of Extraordinary Justice, David C. Gray Jan 2010

A No-Excuse Approach To Transitional Justice: Reparations As Tools Of Extraordinary Justice, David C. Gray

Faculty Scholarship

It is sometimes the case that a debate goes off the rails so early that riders assume the rough country around them is the natural backdrop for their travels. That is certainly true in the debate over reparations in transitions to democracy. Reparations traditionally are understood as material or symbolic awards to victims of an abusive regime granted outside of a legal process. While some reparations claims succeed—such as those made by Americans of Japanese decent interned during World War II and those made by European Jews against Germany after World War II—most do not. The principal culprits in these …


Tensions Between International Law And Domestic Responsibilities, Maxwell O. Chibundu Jan 2010

Tensions Between International Law And Domestic Responsibilities, Maxwell O. Chibundu

Faculty Scholarship

No abstract provided.


Assessing The High-Level Panel Report: Rethinking The Causes And Consequences Of Threats To Collective Security, Maxwell O. Chibundu Jan 2010

Assessing The High-Level Panel Report: Rethinking The Causes And Consequences Of Threats To Collective Security, Maxwell O. Chibundu

Faculty Scholarship

This is a contribution to a volume of essays anchored in the evaluations of proposed reforms of the United Nations system extant in the middle half of the last decade. The essay’s focus is primarily on the role of the Security Council as the provider of collective security within the system. It contends that the term “collective security” has become far too amorphous and too all-embracing to be useful, and that it runs the risk of distorting the proper allocation of power within the international system. It argues for a more circumscribed view of collective security, and for a less …


Liability For Environmental Harm And Emerging Global Environmental Law, Robert V. Percival Jan 2010

Liability For Environmental Harm And Emerging Global Environmental Law, Robert V. Percival

Maryland Journal of International Law

No abstract provided.


In Search Of Coherence Between Trade And Health: Inter-Institutional Opportunities, Jonathan Liberman, Andrew Mitchell Jan 2010

In Search Of Coherence Between Trade And Health: Inter-Institutional Opportunities, Jonathan Liberman, Andrew Mitchell

Maryland Journal of International Law

No abstract provided.


International Law In Perplexing Times, Jeffrey L. Dunoff Jan 2010

International Law In Perplexing Times, Jeffrey L. Dunoff

Maryland Journal of International Law

No abstract provided.


Undocumented Migrant Workers In A Fragmented International Order, Chantal Thomas Jan 2010

Undocumented Migrant Workers In A Fragmented International Order, Chantal Thomas

Maryland Journal of International Law

No abstract provided.


Mr. S. Lipietz Et Al. V. The Prefect Of The Haute-Garonne Department And The Sncf (Advisory Opinion), Jean-Christophe Truilhé Jan 2010

Mr. S. Lipietz Et Al. V. The Prefect Of The Haute-Garonne Department And The Sncf (Advisory Opinion), Jean-Christophe Truilhé

Maryland Journal of International Law

Advisory Opinion by Jean-Christophe Truilhé, Government Commissioner. Translated by Juliana Galan and Alisha L. Jacobsen, as revised by Vivian Grosswald Curran. All footnotes not designated as "Translator's note" were supplied by Vivian Grosswald Curran.


The U.S. And German Interpretations Of The Vienna Convention On Consular Relations: Is Any Constitutional Court Really Cosmopolitan?, Peter A. Heinlein Jan 2010

The U.S. And German Interpretations Of The Vienna Convention On Consular Relations: Is Any Constitutional Court Really Cosmopolitan?, Peter A. Heinlein

Maryland Journal of International Law

No abstract provided.


International Asylum And Boat People: The Tampa Affair And Australia's "Pacific Solution", Peter D. Fox Jan 2010

International Asylum And Boat People: The Tampa Affair And Australia's "Pacific Solution", Peter D. Fox

Maryland Journal of International Law

No abstract provided.


International Adoption: Improving On The 1993 Hague Convention, Jennifer A. Ratcliff Jan 2010

International Adoption: Improving On The 1993 Hague Convention, Jennifer A. Ratcliff

Maryland Journal of International Law

No abstract provided.


Sovereign Wealth Funds And Shareholder Democratization: A New Variable In The Cfius Balancing Act, George S. Everly Iii Jan 2010

Sovereign Wealth Funds And Shareholder Democratization: A New Variable In The Cfius Balancing Act, George S. Everly Iii

Maryland Journal of International Law

No abstract provided.


The French Administrative Court's Rulings On Compensation Claims Brought By Jewish Survivors Of World War Ii, Rémi Rouquette Jan 2010

The French Administrative Court's Rulings On Compensation Claims Brought By Jewish Survivors Of World War Ii, Rémi Rouquette

Maryland Journal of International Law

No abstract provided.


The Aftermath Of Copenhagen: Does International Law Have A Role To Play In A Global Response To Climate Change?, Jacob Werksman, Kirk Herbertson Jan 2010

The Aftermath Of Copenhagen: Does International Law Have A Role To Play In A Global Response To Climate Change?, Jacob Werksman, Kirk Herbertson

Maryland Journal of International Law

No abstract provided.


Multiscalar Governance And Climate Change: Reflections On The Role Of States And Cities At Copenhagen, Hari M. Osofsky Jan 2010

Multiscalar Governance And Climate Change: Reflections On The Role Of States And Cities At Copenhagen, Hari M. Osofsky

Maryland Journal of International Law

No abstract provided.


The Project Of Law, Moderation, And The Global Constitution, Karol Edward Soltan Jan 2010

The Project Of Law, Moderation, And The Global Constitution, Karol Edward Soltan

Maryland Journal of International Law

No abstract provided.


From Bali To Copenhagen: Towards A Shared Vision For A Post-2012 Climate Regime?, Jutta Brunnée Jan 2010

From Bali To Copenhagen: Towards A Shared Vision For A Post-2012 Climate Regime?, Jutta Brunnée

Maryland Journal of International Law

No abstract provided.