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University of Maryland Francis King Carey School of Law

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Articles 61 - 90 of 554

Full-Text Articles in International Law

Why The Right To Data Portability Likely Reduces Consumer Welfare: Antitrust And Privacy Critique, Peter Swire, Yianni Lagos Jan 2013

Why The Right To Data Portability Likely Reduces Consumer Welfare: Antitrust And Privacy Critique, Peter Swire, Yianni Lagos

Maryland Law Review

No abstract provided.


Extraterritoriality, Universal Jurisdiction, And The Challenge Of Kiobel V.Royal Dutch Petroleum Co., Vivian Grosswald Curran Jan 2013

Extraterritoriality, Universal Jurisdiction, And The Challenge Of Kiobel V.Royal Dutch Petroleum Co., Vivian Grosswald Curran

Maryland Journal of International Law

No abstract provided.


Human Rights Litigation And The National Interest: Kiobel'S Application Of The Presumption Against Extraterritoriality To The Alien Tort Statute, Jonathan Hafetz Jan 2013

Human Rights Litigation And The National Interest: Kiobel'S Application Of The Presumption Against Extraterritoriality To The Alien Tort Statute, Jonathan Hafetz

Maryland Journal of International Law

No abstract provided.


Kiobel And Extraterritoriality: A Rule Without A Rationale, David L. Sloss Jan 2013

Kiobel And Extraterritoriality: A Rule Without A Rationale, David L. Sloss

Maryland Journal of International Law

No abstract provided.


Extraterritoriality And Human Rights After Kiobel, Beth Stephens Jan 2013

Extraterritoriality And Human Rights After Kiobel, Beth Stephens

Maryland Journal of International Law

No abstract provided.


Kiobel, Unilateralism, And The Retreat From Extraterritoriality, Austen L. Parrish Jan 2013

Kiobel, Unilateralism, And The Retreat From Extraterritoriality, Austen L. Parrish

Maryland Journal of International Law

No abstract provided.


Harmonizing All Around The World: Re-Evaluating The Copyright And Treaty Powers In The Post-Golan Era, Derrick Wang Jan 2013

Harmonizing All Around The World: Re-Evaluating The Copyright And Treaty Powers In The Post-Golan Era, Derrick Wang

Maryland Journal of International Law

No abstract provided.


Kiobel V. Royal Dutch Petroleum: A Practitioner's Viewpoint, Marco Simons Jan 2013

Kiobel V. Royal Dutch Petroleum: A Practitioner's Viewpoint, Marco Simons

Maryland Journal of International Law

No abstract provided.


Kiobel And The Multiple Futures Of Corporate Liability For Human Rights Violations, Ralph G. Steinhardt Jan 2013

Kiobel And The Multiple Futures Of Corporate Liability For Human Rights Violations, Ralph G. Steinhardt

Maryland Journal of International Law

No abstract provided.


Extraterritoriality And The Rule Of Law: Why Friendly Foreign Democracies Oppose Novel, Expansive U.S. Jurisdiction Claims By Non-Resident Aliens Under The Alien Tort Statute, Donald I. Baker Jan 2013

Extraterritoriality And The Rule Of Law: Why Friendly Foreign Democracies Oppose Novel, Expansive U.S. Jurisdiction Claims By Non-Resident Aliens Under The Alien Tort Statute, Donald I. Baker

Maryland Journal of International Law

No abstract provided.


Kiobel: Muddling The Distinction Between Prescriptive And Adjudicative Jurisdiction, Anthony J. Colangelo Jan 2013

Kiobel: Muddling The Distinction Between Prescriptive And Adjudicative Jurisdiction, Anthony J. Colangelo

Maryland Journal of International Law

No abstract provided.


The Alien Tort Statute As Transnational Law, Jaye Ellis Jan 2013

The Alien Tort Statute As Transnational Law, Jaye Ellis

Maryland Journal of International Law

No abstract provided.


The Contradiction Between Alien Tort Statute Jurisprudence And The Continued Immunity Of U.S. Officials For Acts Of Torture Committed Abroad, Jules Lobel Jan 2013

The Contradiction Between Alien Tort Statute Jurisprudence And The Continued Immunity Of U.S. Officials For Acts Of Torture Committed Abroad, Jules Lobel

Maryland Journal of International Law

No abstract provided.


Frozen Embryo Disposition In Cases Of Separation And Divorce: How Nahmani V. Nahmani And Davis V. Davis Form The Foundation For A Workable Expansion Of Current International Family Planning, Ceala E. Breen-Portnoy Jan 2013

Frozen Embryo Disposition In Cases Of Separation And Divorce: How Nahmani V. Nahmani And Davis V. Davis Form The Foundation For A Workable Expansion Of Current International Family Planning, Ceala E. Breen-Portnoy

Maryland Journal of International Law

No abstract provided.


The Challenges Of Delivering International Humanitarian Aid In A Post-9/11 Global Framework, Catherine Gonzalez Jan 2013

The Challenges Of Delivering International Humanitarian Aid In A Post-9/11 Global Framework, Catherine Gonzalez

Maryland Journal of International Law

No abstract provided.


Kiobel, Extraterritoriality, And The "Global War On Terror", Craig Martin Jan 2013

Kiobel, Extraterritoriality, And The "Global War On Terror", Craig Martin

Maryland Journal of International Law

No abstract provided.


Cyber Commodification, Miriam A. Cherry Jan 2013

Cyber Commodification, Miriam A. Cherry

Maryland Law Review

No abstract provided.


Adequate Attribution: A Framework For Developing A National Policy For Private Sector Use Of Active Defense, Shane Mcgee, Randy V. Sabett, Anand Shah Jan 2013

Adequate Attribution: A Framework For Developing A National Policy For Private Sector Use Of Active Defense, Shane Mcgee, Randy V. Sabett, Anand Shah

Journal of Business & Technology Law

No abstract provided.


Of Civil Wrongs And Rights: Kiyemba V. Obama And The Meaning Of Freedom, Separation Of Powers, And The Rule Of Law Ten Years After 9/11, Katherine L. Vaughns, Heather L. Williams Jan 2013

Of Civil Wrongs And Rights: Kiyemba V. Obama And The Meaning Of Freedom, Separation Of Powers, And The Rule Of Law Ten Years After 9/11, Katherine L. Vaughns, Heather L. Williams

Faculty Scholarship

This article is about the rise and fall of continued adherence to the rule of law, proper application of the separation of powers doctrine, and the meaning of freedom for a group of seventeen Uighurs—a Turkic Muslim ethnic minority whose members reside in the Xinjiang province of China—who had been held at the Guantanamo Bay Naval Base since 2002. Most scholars regard the trilogy of Hamdi v. Rumsfeld, Hamdan v. Rumsfeld, and Boumediene v. Bush as demonstrating the Supreme Court’s willingness to uphold the rule of law during the war on terror. The recent experience of the Uighurs …


Human Rights And The Evolution Of Global Environmental Law, Robert V. Percival Jan 2013

Human Rights And The Evolution Of Global Environmental Law, Robert V. Percival

Faculty Scholarship

Environmental problems that jeopardize the health of humans increasingly implicate concerns that have played an important role in the development of international human rights. While some have questioned the wisdom or effectiveness of focusing human rights concerns on environmental problems, it seems an inevitable response to the failure of many countries to protect their citizens adequately from harm caused by environmental degradation. This paper reviews efforts to apply human rights concerns to environmental problems. It describes how these developments illustrate the growth of a kind of “global environmental law” that blurs traditional distinctions between domestic and international law and public …


The Four Into One Platform: New Reform Initiatives Compound China's Dissected Public Procurement Governance, Daniel J. Mitterhoff May 2012

The Four Into One Platform: New Reform Initiatives Compound China's Dissected Public Procurement Governance, Daniel J. Mitterhoff

Faculty Scholarship

For over ten years now, supervision and implementation of public purchasing activities in China has largely been divided among government agencies that jealously guard their share of their regulatory pie and covet the regulatory province of other agencies. Yet vested interests are now on the defensive, as a reform process seeks to collapse the segregated regulatory regimes into a more centralized governance structure. The idea is to combine construction tendering and bidding, government procurement, public land-use auctions and public asset exchanges under one management structure called the “Public Resources Exchange Center.” Hence, some refer to the reforms as the “four …


Stare Decisis And Foreign Affairs, Michael P. Van Alstine Jan 2012

Stare Decisis And Foreign Affairs, Michael P. Van Alstine

Faculty Scholarship

This article examines whether the jurisprudential and institutional premises of the doctrine of stare decisis retain their validity in the field of foreign affairs. The proper role of the judicial branch in foreign affairs has provoked substantial scholarly debates—historical, institutional, normative—since the very founding of the republic. Precisely because of the sensitivity of the subject, the Supreme Court itself has both cautioned about the judicial branch’s comparative lack of expertise in the field and recognized a web of deference doctrines designed to protect against improvident judicial action. Notwithstanding all of this, however, neither the Supreme Court nor any scholar has …


The Emergence Of The New Chinese Banking System: Implications For Global Politics And The Future Of Financial Reform, Shruti Rana Jan 2012

The Emergence Of The New Chinese Banking System: Implications For Global Politics And The Future Of Financial Reform, Shruti Rana

Faculty Scholarship

As the current financial crisis spreads from country to country around the world, China’s new-found financial and political power is dominating global, financial, and political arenas. China’s recent rise to power deserves increased scrutiny as China’s experience may offer lessons and models for other countries struggling with financial chaos. These remarks begin a dialogue over the lessons that can be learned from China’ ascent to power, and considers some of implications of China’s rise. It also contrasts China’s experience with that of Western countries, who have approached financial reform from entirely different perspectives. After considering these perspectives, and providing an …


Treaty Double Jeopardy: The Oecd Anti-Bribery Convention And The Fcpa, Michael P. Van Alstine Jan 2012

Treaty Double Jeopardy: The Oecd Anti-Bribery Convention And The Fcpa, Michael P. Van Alstine

Faculty Scholarship

This article explores the possibility of "double jeopardy" protection arising from an international treaty. In specific, it examines whether, either as a matter of general principle or from the treaty's express provisions, the OECD Convention on Combatting Bribery of Foreign Public Officials protects a defendant from multiple or successive prosecutions under our domestic Foreign Corrupt Practices Act.


The Tangled Law And Politics Of Religious Freedom, Peter G. Danchin Jan 2012

The Tangled Law And Politics Of Religious Freedom, Peter G. Danchin

Faculty Scholarship

This symposium Essay comments on four interrelated themes regarding the right to religious liberty in international law that emerge from Seval Yildirim's article Global Tangles: Laws, Headcoverings and Religious Identity, 10 SANTA CLARA J. INT’L L. 52 (2012). The first is the paradoxical language of freedom in struggles over attempts to proscribe the wearing of the hijab, especially regarding the principles of gender equality and women’s rights. The second is the apparent comfort that governance feminism exhibits with the state imposition of new (presumably woman liberationist) norms and how institutions such as courts may act not only as …


Sealand, Havenco, And The Rule Of Law, James Grimmelmann Jan 2012

Sealand, Havenco, And The Rule Of Law, James Grimmelmann

Faculty Scholarship

In 2000, a group of American entrepreneurs moved to a former World War II anti-aircraft platform in the North Sea, seven miles off the British coast, and launched HavenCo, one of the strangest start-ups in Internet history. A former pirate radio broadcaster, Roy Bates, had occupied the platform in the 1960s, moved his family aboard, and declared it to be the sovereign Principality of Sealand. HavenCo's founders were opposed to governmental censorship and control of the Internet; by putting computer servers on Sealand, they planned to create a "data haven" for unpopular speech, safely beyond the reach of any other …


Taiwan's 2012 Presidential/Vice Presidential And Legislative Elections: Assessing Current Politics And Charting The Future, John F. Copper Jan 2012

Taiwan's 2012 Presidential/Vice Presidential And Legislative Elections: Assessing Current Politics And Charting The Future, John F. Copper

Maryland Series in Contemporary Asian Studies

No abstract provided.


The State Of Play On International Piracy And Anti-Counterfeiting Strategies, Andy Y. Sun Jan 2012

The State Of Play On International Piracy And Anti-Counterfeiting Strategies, Andy Y. Sun

Maryland Series in Contemporary Asian Studies

No abstract provided.


Insider Trading In China: Compared With Cases In The United States, Greg Tzu Jan Yang Jan 2012

Insider Trading In China: Compared With Cases In The United States, Greg Tzu Jan Yang

Maryland Series in Contemporary Asian Studies

No abstract provided.


The Chinese Are The Worst?: Human Rights And Labor Practices In Zambian Mining, Barry Sautman, Hairong Yan Jan 2012

The Chinese Are The Worst?: Human Rights And Labor Practices In Zambian Mining, Barry Sautman, Hairong Yan

Maryland Series in Contemporary Asian Studies

No abstract provided.