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2005

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Articles 361 - 390 of 922

Full-Text Articles in International Law

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 …


Edited And Excerpted Transcript Of The Symposium On Injury As Cultural Practice, University Of The Pacific, Mcgeorge School Of Law Jan 2005

Edited And Excerpted Transcript Of The Symposium On Injury As Cultural Practice, University Of The Pacific, Mcgeorge School Of Law

Global Business & Development Law Journal

No abstract provided.


From National And International Frustrations To Transnational Triumph? Hybrid Transnational Private Regulatory Regimes In The Industry Of Private Military And Security Companies And Their Effectiveness In Ensuring Compliance With Human Rights, Evgeni Moyakine Jan 2005

From National And International Frustrations To Transnational Triumph? Hybrid Transnational Private Regulatory Regimes In The Industry Of Private Military And Security Companies And Their Effectiveness In Ensuring Compliance With Human Rights, Evgeni Moyakine

Global Business & Development Law Journal

No abstract provided.


The Abolition Of The Mandatory Death Penalty In India And Bangladesh: A Comparative Commonwealth Perspective, Andrew Novak Jan 2005

The Abolition Of The Mandatory Death Penalty In India And Bangladesh: A Comparative Commonwealth Perspective, Andrew Novak

Global Business & Development Law Journal

No abstract provided.


The Value Of Cablevision And Its Implications On International Copyright Law And The Internet, Ernesto Omar Falcon Jan 2005

The Value Of Cablevision And Its Implications On International Copyright Law And The Internet, Ernesto Omar Falcon

Global Business & Development Law Journal

No abstract provided.


Dulce Et Decorum: The Unique Perception Of Chemical Warfare And The Enforcement Of The Geneva Protocol In The 21st Century, Catherine Joyce Jan 2005

Dulce Et Decorum: The Unique Perception Of Chemical Warfare And The Enforcement Of The Geneva Protocol In The 21st Century, Catherine Joyce

Global Business & Development Law Journal

No abstract provided.


Economic Development And The Utility Of Local Content Legislation In The Oil And Gas Industry: Conflicts And Effects Of Nigeria’S Local Content Act In The Context Of International Investment Law, Felix O. Okpe Jan 2005

Economic Development And The Utility Of Local Content Legislation In The Oil And Gas Industry: Conflicts And Effects Of Nigeria’S Local Content Act In The Context Of International Investment Law, Felix O. Okpe

Global Business & Development Law Journal

No abstract provided.


Immigration Fraud: A Pretext In Domestic Prosecutions For The Crime Of Genocide, Tiangay M. Kemokai Jan 2005

Immigration Fraud: A Pretext In Domestic Prosecutions For The Crime Of Genocide, Tiangay M. Kemokai

Global Business & Development Law Journal

No abstract provided.


Kaisha Bunkatsu: Corporate Demergers In Japan And Challenges Faced By Creditors, Samantha Pranatadjaja Jan 2005

Kaisha Bunkatsu: Corporate Demergers In Japan And Challenges Faced By Creditors, Samantha Pranatadjaja

Global Business & Development Law Journal

No abstract provided.


Discrimination In The Name Of Secularism: A Ban On Religious Symbols In Québec, Tina Mirzazadeh Jan 2005

Discrimination In The Name Of Secularism: A Ban On Religious Symbols In Québec, Tina Mirzazadeh

Global Business & Development Law Journal

No abstract provided.


Brazil’S Landmark Clean Company Act: Comparison To The Oecd Anti-Bribery Convention And Issues, Sonia Zaheer Jan 2005

Brazil’S Landmark Clean Company Act: Comparison To The Oecd Anti-Bribery Convention And Issues, Sonia Zaheer

Global Business & Development Law Journal

No abstract provided.


A Speculation On The Future Of The Bank For International Settlements, Carl Felsenfeld, Genci Bilali Jan 2005

A Speculation On The Future Of The Bank For International Settlements, Carl Felsenfeld, Genci Bilali

Global Business & Development Law Journal

No abstract provided.


Bank Mergers In North America: Comparing The Approaches In The United States And Canada, Eric J. Gouvin Jan 2005

Bank Mergers In North America: Comparing The Approaches In The United States And Canada, Eric J. Gouvin

Global Business & Development Law Journal

No abstract provided.


Getting Down To Basics: Strengthening Financial Systems In Developing Countries, John W. Head Jan 2005

Getting Down To Basics: Strengthening Financial Systems In Developing Countries, John W. Head

Global Business & Development Law Journal

No abstract provided.


Grand Bargain Or Grand Illusions? - Trade, Finance, And Security Challenges, William A. Lovett Jan 2005

Grand Bargain Or Grand Illusions? - Trade, Finance, And Security Challenges, William A. Lovett

Global Business & Development Law Journal

No abstract provided.


Emerging International Regime Of Financial Services Regulation, Michael P. Malloy Jan 2005

Emerging International Regime Of Financial Services Regulation, Michael P. Malloy

Global Business & Development Law Journal

No abstract provided.


Financial Supervision Architectures And The Role Of Central Banks, Donato Masciandaro Jan 2005

Financial Supervision Architectures And The Role Of Central Banks, Donato Masciandaro

Global Business & Development Law Journal

No abstract provided.


Facts, Rights, And Remedies, Wadie E. Said Jan 2005

Facts, Rights, And Remedies, Wadie E. Said

UC Law SF International Law Review

No abstract provided.


Discussion Of The International Water Law Principles Dr. Elver Lays Out, James W. Nachbaur Jan 2005

Discussion Of The International Water Law Principles Dr. Elver Lays Out, James W. Nachbaur

UC Law SF International Law Review

No abstract provided.


Representing Americans Employed Abroad: The Extraterritorial Application Of Federal And State Anti-Discrimination Laws, Robert B. Stulberg, Amy F. Shulman Jan 2005

Representing Americans Employed Abroad: The Extraterritorial Application Of Federal And State Anti-Discrimination Laws, Robert B. Stulberg, Amy F. Shulman

ILSA Journal of International & Comparative Law

More than two million American citizens work in civilian jobs outside of the United States.


Revisiting The Challenginf Landscape Of Self-Determination Within The Context Of Nation's Right To Sovereignty, Dr. Saby Ghoshray Jan 2005

Revisiting The Challenginf Landscape Of Self-Determination Within The Context Of Nation's Right To Sovereignty, Dr. Saby Ghoshray

ILSA Journal of International & Comparative Law

Academic perspectives on the issue of Self-Determination are in abundance as the International Standards with respect to the Rights of People and their Rights to Self-Determination have taken huge steps in the last two decades.


Democracy And The Arab World, David Shomar Jan 2005

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 Jan 2005

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 …


Front Matter Jan 2005

Front Matter

Syracuse Journal of International Law and Commerce

No abstract provided.


Brave New World: U.S. Responses To The Rise In International Crime - An Overview, John F. Murphy Jan 2005

Brave New World: U.S. Responses To The Rise In International Crime - An Overview, John F. Murphy

Villanova Law Review (1956 - )

No abstract provided.


Applying The Rule Of Law In The War On Terror: An Examination Of Guantanamo Bay Through The Lens Of The U.S. Constitution And The Geneva Conventions, John R. Pariseault Jan 2005

Applying The Rule Of Law In The War On Terror: An Examination Of Guantanamo Bay Through The Lens Of The U.S. Constitution And The Geneva Conventions, John R. Pariseault

UC Law SF International Law Review

No abstract provided.


Is Poetry A War Crime? Reckoning For Radovan Karadzic The Poet-Warrior, Jay Surdukowski Jan 2005

Is Poetry A War Crime? Reckoning For Radovan Karadzic The Poet-Warrior, Jay Surdukowski

Michigan Journal of International Law

This Note will suggest that the Office of the Prosecutor of the International Criminal Tribunal for the former Yugoslavia (ICTY) can use Karadzic's texts and affectations to warrior poetry in the pretrial brief and in admitted evidence, if and when Karadzic ultimately appears for trial. The violent nationalism of radio broadcasts, political journals, speeches, interviews, and manifestos have been fair game for the Office of the Prosecutor to make their cases in the last decade in both the Yugoslavia and Rwanda Tribunals. Why should poetry, perhaps the most powerful maker of myth and in the Yugoslavia context, a great mover …


Collective Violence And Individual Punishment: The Criminality Of Mass Atrocity, Mark A. Drumbl Jan 2005

Collective Violence And Individual Punishment: The Criminality Of Mass Atrocity, Mark A. Drumbl

Scholarly Articles

There is a recent proliferation of courts and tribunals to prosecute perpetrators of genocide, war crimes, and crimes against humanity. The zenith of this institution-building is the permanent International Criminal Court, which came into force in 2002. Each of these new institutions rests on the foundational premise that it is appropriate to treat the perpetrator of mass atrocity in the same manner that domestic criminal law treats the common criminal. The modalities and rationales of international criminal law are directly borrowed from the domestic criminal law of those states that dominate the international order. In this Article, I challenge this …