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2008

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Articles 31 - 60 of 864

Full-Text Articles in International Law

Electronic Tax Fraud - Are There "Sales Zappers" In Japan?, Richard Thompson Ainsworth Oct 2008

Electronic Tax Fraud - Are There "Sales Zappers" In Japan?, Richard Thompson Ainsworth

Faculty Scholarship

Although there is no public acknowledgement - in the press, in a court case, though any announcement by the Japanese National Tax Administration, or in any academic studies or papers - that Zappers and Phantom-ware are a fraud problem in Japan, a number of factors suggest that Japan may be very fertile ground for technology-assisted cash skimming fraud. Those factors include: (1) a high concentration of small to medium sized businesses; (2) the fact that the retail economy is highly cash-based; and (3) the high level of technology acceptance in the Japanese retail sector - electronic cash registers (ECRs) and …


Michigan Guidelines 10th Anniversary, University Of Michigan Law School Oct 2008

Michigan Guidelines 10th Anniversary, University Of Michigan Law School

Event Materials

Program for a book launch ceremony for The Michigan Guidelines on the International Protection of Refugees.


Interview Of Julio Lacarte Muró Conducted By A. Jane Bradley On 8 October 2003 And 31 March 2004, Institute Of International Economic Law, Georgetown University Law Center Oct 2008

Interview Of Julio Lacarte Muró Conducted By A. Jane Bradley On 8 October 2003 And 31 March 2004, Institute Of International Economic Law, Georgetown University Law Center

The Oral History Project of the World Trading System

Interview of Ambassador Julio Lacarte Muró, 1st Chair, WTO Appellate Body; Former Uruguayan Ambassador to the GATT; Former Minister of Industry & Trade; Former Deputy Executive Secretary, GATT Secretariat, conducted by A. Jane Bradley. Interview is split between two dates, October 8, 2003 and March 31, 2004. The interview conducted on March 31, 2004 starts on page 19.


International & Comparative Law Perspectives: Fall 2008, Int'l & Comp. Law Program Oct 2008

International & Comparative Law Perspectives: Fall 2008, Int'l & Comp. Law Program

International & Comparative Law Perspectives

No abstract provided.


The [Capital] Punishment Fits The Crime: A Comparative Analysis Of The Death Penalty And Proportionality In The United States Of America And The People's Republic Of China, Ryan Florio Oct 2008

The [Capital] Punishment Fits The Crime: A Comparative Analysis Of The Death Penalty And Proportionality In The United States Of America And The People's Republic Of China, Ryan Florio

University of Miami International and Comparative Law Review

The governments of both the United States and China maintain the death penalty as a means of punishing its most dangerous criminals, but with an astounding 68 capital offenses, China perennially remains the world leader in executions. This article examines the theory of proportionality of criminal punishment and how it relates to the respective death penalty policies in the United States and China. A comparative analysis will reveal two extremely different societies with two different perspectives on proportionality. one that recognizes and protects fundamental freedoms and another that places emphasis on collective societal welfare over individual rights. The article will …


Enforcing Class Arbitration In The International Sphere: Due Process And Public Policy Concerns, S. I. Strong Oct 2008

Enforcing Class Arbitration In The International Sphere: Due Process And Public Policy Concerns, S. I. Strong

Faculty Publications

This article appears to be the first to address the unique issues relating to international class arbitration and to discuss the status of class arbitration in other countries. To date, the only published articles on class arbitration - a dispute resolution mechanism that has been in existence in the United States since the early 1980s - have focused on domestic arbitration. However, with a number of known international class arbitrations in progress, all seated in the United States, questions concerning the transnational legitimacy of the class arbitration process and the ability to enforce class awards under the New York Convention …


Introduction To The Symposium On Corss-Border Family Mediation With And Emphasis On The 1980 Hague Convention On The Civil Aspects Of International Child Abduction, Melvin A. Rubin Oct 2008

Introduction To The Symposium On Corss-Border Family Mediation With And Emphasis On The 1980 Hague Convention On The Civil Aspects Of International Child Abduction, Melvin A. Rubin

University of Miami Inter-American Law Review

No abstract provided.


Thunder In Paradise: The Interplay Of Broadening United States Anti-Money Laundering Legislation And Jurisprudence With The Caribbean Law Governing Offshore Asset Preservation, Evan Metaxatos Oct 2008

Thunder In Paradise: The Interplay Of Broadening United States Anti-Money Laundering Legislation And Jurisprudence With The Caribbean Law Governing Offshore Asset Preservation, Evan Metaxatos

University of Miami Inter-American Law Review

No abstract provided.


Reforming Humanitarian Rescue, Brent J. Steele Oct 2008

Reforming Humanitarian Rescue, Brent J. Steele

Human Rights & Human Welfare

There is much to commend in Morton Abramowitz and Thomas Pickering’s article “Making Intervention Work.” They propose to reform the United Nations’ capacity for intervention with the creation of an autonomous U.N. force largely constituted with forces contributed by the Security Council’s member-states. If such a force were kept to a minimal operational mission, “a small rapid-deployment force with special engineering, logistical, medical, and police skills,” as the authors suggest, then I think this is a good idea. If such a force would, however, become more than this—an autonomous army of military personnel meant to intervene with force into any …


Land & Water Planning In The Middle Valley, Sandy Fish Oct 2008

Land & Water Planning In The Middle Valley, Sandy Fish

Publications

No abstract provided.


Overview Of The City's Demand Management Programs - Providing Water For Future Growth, Dale Lyons Oct 2008

Overview Of The City's Demand Management Programs - Providing Water For Future Growth, Dale Lyons

Publications

No abstract provided.


Land Use, Water Conservation And Other Things To Think About, Dale Dekker Oct 2008

Land Use, Water Conservation And Other Things To Think About, Dale Dekker

Publications

No abstract provided.


Are We Making The Land/Water Connection?, Lora A. Lucero Oct 2008

Are We Making The Land/Water Connection?, Lora A. Lucero

Publications

No abstract provided.


Habeas Corpus, Constructive Custody And The Future Of Federal Jurisdiction After Munaf, Karen Shafrir Oct 2008

Habeas Corpus, Constructive Custody And The Future Of Federal Jurisdiction After Munaf, Karen Shafrir

University of Miami International and Comparative Law Review

In 2004-05, two American Citizens, Shaqir Omar and Mohamed Munaf were separately arrested in Iraq and placed in the Camp Cropper Military Facility, pending adjudication. Both prisoners filed writs of habeas corpus in the United States District Court for the District of Columbia. The primary issue that the lower courts grappled with was whether or not the courts had jurisdiction to hear the petitions. After various appeals, the United States Supreme Court concluded that the federal courts did have jurisdiction to entertain the habeas petitions but that the petitions would fail on the merits. This paper argues that the standard …


To Abstain Or Not To Abstain: A New Framework For Application Of The Abstention Doctrine In International Parallel Proceedings, Jocelyn H. Bush Oct 2008

To Abstain Or Not To Abstain: A New Framework For Application Of The Abstention Doctrine In International Parallel Proceedings, Jocelyn H. Bush

American University Law Review

It is obvious to most that the ties between people and businesses in different countries have increased dramatically in recent years. One of the effects of this globalization of the world’s economies and societies is an increase in international or transnational litigation. As traveling and conducting business across international borders becomes easier and cheaper, and the number of international business transactions increases, so too have the number of lawsuits involving parties and transactions or occurrences from different countries. This development has led to a corresponding increase in the number of lawsuits before United States courts which are similar, or indeed …


The Constitutionality Of Court-Martialing Civilian Contractors In Iraq, Margaret Prystowsky Oct 2008

The Constitutionality Of Court-Martialing Civilian Contractors In Iraq, Margaret Prystowsky

Cardozo Public Law, Policy & Ethics Journal

The article examines the legal implications of outsourcing military functions to private contractors, focusing on the accountability gap under the Uniform Code of Military Justice (UCMJ). It argues that recent amendments to the UCMJ, particularly the expansion of court-martial jurisdiction over civilian contractors during declared wars and contingency operations, address this gap. The analysis concludes that these changes are constitutionally sound, given Congress's authority under Article I, Section 8, and align with legal precedent. However, the article also highlights practical challenges, such as prosecutorial discretion and limited penalties, which may undermine the effectiveness of these reforms.


Creating A Legal Society In The Western Hemisphere To Support The Hague Convention On Civil Aspects Of International Child Abduction, Timothy Arcaro Oct 2008

Creating A Legal Society In The Western Hemisphere To Support The Hague Convention On Civil Aspects Of International Child Abduction, Timothy Arcaro

University of Miami Inter-American Law Review

No abstract provided.


Practical And Ethical Implications Of Mediating International Child Abduction Cases: A New Frontier For Mediators, Jennifer Zawid Oct 2008

Practical And Ethical Implications Of Mediating International Child Abduction Cases: A New Frontier For Mediators, Jennifer Zawid

University of Miami Inter-American Law Review

No abstract provided.


When Human Rights Conflict: Mediating International Parental Kidnapping Disputes Involving The Domestic Violence Defense, Julia Alanen Oct 2008

When Human Rights Conflict: Mediating International Parental Kidnapping Disputes Involving The Domestic Violence Defense, Julia Alanen

University of Miami Inter-American Law Review

No abstract provided.


United States V. Burns: Canada's Extraterritorial Extension Of Canadian Law And Creation Of A Canadian "Safe Haven" In Capital Extradition Cases, Andrea Cortland Oct 2008

United States V. Burns: Canada's Extraterritorial Extension Of Canadian Law And Creation Of A Canadian "Safe Haven" In Capital Extradition Cases, Andrea Cortland

University of Miami Inter-American Law Review

No abstract provided.


"Go After The Women": Mothers Against Illegal Aliens' Campaign Against Mexican Immigrant Women And Their Children, Mary Romero Oct 2008

"Go After The Women": Mothers Against Illegal Aliens' Campaign Against Mexican Immigrant Women And Their Children, Mary Romero

Indiana Law Journal

Symposium: Latinos and Latinas at the Epicenter of Contemporary Legal Discourses. Indiana University School of Law-Bloomington, March 2007.


Georgia Journal Of International And Comparative Law Editorial And Managing Boards 2008-2009, Georgia Journal Of International And Comparative Law Oct 2008

Georgia Journal Of International And Comparative Law Editorial And Managing Boards 2008-2009, Georgia Journal Of International And Comparative Law

Materials from All Student Organizations

No abstract provided.


International Consensus And U.S. Climate Change Litigation, Andrew Long Oct 2008

International Consensus And U.S. Climate Change Litigation, Andrew Long

William & Mary Environmental Law and Policy Review

No abstract provided.


Tobacco Control And The Role Of Litigation: A Survey Of Issues In Law, Policy, And Economics, Basil C. Bitas, Pedro P. Barros Oct 2008

Tobacco Control And The Role Of Litigation: A Survey Of Issues In Law, Policy, And Economics, Basil C. Bitas, Pedro P. Barros

University of Miami International and Comparative Law Review

This article examines the course of tobacco litigation in the United States and its implications for law and policy on both the national and international levels. In our view, the disparate legal traditions and attitudes of countries outside the United States will lead the majority of such states to opt for the direct and transparent regulation of tobacco activities through formal and perhaps consensual channels. This will likely promote effective tobacco control without the policy mix encompassing a period of prolonged litigation buttressed by settlement and regulation, which has characterized the U.S. process. Therefore, despite some increased litigation in the …


Congressional Response To Wto Sanctions: Turning Lemons Into Lemonade In The American Jobs Creation Act Of 2004, Robin Organek Oct 2008

Congressional Response To Wto Sanctions: Turning Lemons Into Lemonade In The American Jobs Creation Act Of 2004, Robin Organek

University of Miami International and Comparative Law Review

A unique tension exists between the World Trade Organization's various desires to level the international commercial trading field, and the United States' periodic desires to prioritize its own domestic goods and, in some cases, protect its own corporate citizens. This article will explore various historical rifts and what the future is likely to hold in light of Congress' passage of the American Jobs Creation Act of 2004.


Insource The Shareholding Of Outsourced Employees: A Global Stock Ownership Plan, Robert C. Hockett Oct 2008

Insource The Shareholding Of Outsourced Employees: A Global Stock Ownership Plan, Robert C. Hockett

Cornell Law Faculty Publications

With the American economy stalled and another federal election campaign season well underway, the “outsourcing” of American jobs is again on the public agenda. Latest figures indicate not only that claims for joblessness benefits are up, but also that the rate of American job-exportation has more than doubled since the last electoral cycle. This year’s political candidates have been quick to take note. In consequence, more than at any time since the early 1990s, continued American participation in the World Trade Organization, in the North American Free Trade Agreement, and in the processes of global economic integration more generally appear …


Role Of The State - Ose Water Availability Opinions, John Longworth, P.E. Oct 2008

Role Of The State - Ose Water Availability Opinions, John Longworth, P.E.

Publications

No abstract provided.


Regulating Land Use - Protecting The Water, Joseph Quintana Oct 2008

Regulating Land Use - Protecting The Water, Joseph Quintana

Publications

No abstract provided.


Punishing Aggressors In U.S. Courts: Will The Act Of State Doctrine Bar National Prosecution Of The Crime Of Aggression?, Gergana Halpern Oct 2008

Punishing Aggressors In U.S. Courts: Will The Act Of State Doctrine Bar National Prosecution Of The Crime Of Aggression?, Gergana Halpern

Cardozo Public Law, Policy & Ethics Journal

The note examines the intersection of the Act of State Doctrine and the prosecution of the crime of aggression in U.S. courts, arguing that while the doctrine does not legally preclude such prosecutions, practical considerations such as political sensitivity and the need for international legitimacy suggest that U.S. courts should await international consensus before proceeding. The analysis highlights the complexities of balancing legal principles with diplomatic realities.


The Inter-American System Of Human Rights: Challenges For The Future, Claudio Grossman Oct 2008

The Inter-American System Of Human Rights: Challenges For The Future, Claudio Grossman

Scholarly Articles in Law Reviews & Journals

The Inter-American system is a combination of human rights norms and supervisory institutions within the Americas. The applicable rules consist primarily of the American Declaration on the Rights and Duties of Man ("American Declaration") and the American Convention on Human Rights ("American Convention"). The institutions involved are the organs responsible for supervising compliance with the established rules: the Inter-American Commission on Human Rights ("the Commission") and the Inter-American Court of Human Rights ("the Court"). The system performs supervisory functions basically through country reports adopted by the Commission which describe the overall human rights situation in a country and decisions in …