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Articles 7381 - 7410 of 31985
Full-Text Articles in International Law
Entertaining Satan: Why We Tolerate Terrorist Incitement, Andrew Koppelman
Entertaining Satan: Why We Tolerate Terrorist Incitement, Andrew Koppelman
Fordham Law Review
Words are dangerous. That is why governments sometimes want to suppress speech. The law of free speech reflects a settled decision that, at the time that law was adopted, the dangers were worth tolerating. But people keep dreaming up nasty new things to do with speech. Recently, the Islamic State of Iraq and Syria (ISIS) and other terrorist organizations have employed a small army of Iagos on the internet to recruit new instruments of destruction. Some of what they have posted is protected speech under present First Amendment law. In response, scholars have suggested that there should be some new …
Terrorists Are Always Muslim But Never White: At The Intersection Of Critical Race Theory And Propaganda, Caroline Mala Corbin
Terrorists Are Always Muslim But Never White: At The Intersection Of Critical Race Theory And Propaganda, Caroline Mala Corbin
Fordham Law Review
When you hear the word “terrorist,” who do you picture? Chances are, it is not a white person. In the United States, two common though false narratives about terrorists who attack America abound. We see them on television, in the movies, on the news, and, currently, in the Trump administration. The first is that “terrorists are always (brown) Muslims.” The second is that “white people are never terrorists.” Different strands of critical race theory can help us understand these two narratives. One strand examines the role of unconscious cognitive biases in the production of stereotypes, such as the stereotype of …
The Internet As Marketplace Of Madness— And A Terrorist’S Best Friend, Thane Rosenbaum
The Internet As Marketplace Of Madness— And A Terrorist’S Best Friend, Thane Rosenbaum
Fordham Law Review
The panel I was assigned to, for this distinguished gathering of scholars at Fordham Law School, where I had previously been a professor for twentythree years, was given the name, “Caution Against Overreaching.” Overreaching and the caution it occasions, in this case, refer to the First Amendment, a uniquely American absolutist, legalistic obsession. For many who fixate on such matters, the government must never be allowed to trample upon the unfettered free speech rights guaranteed under America’s first, and most favorite, Amendment.
“You Must Construct Additional Pylons”: Building A Better Framework For Esports Governance, Laura L. Chao
“You Must Construct Additional Pylons”: Building A Better Framework For Esports Governance, Laura L. Chao
Fordham Law Review
The popularity of “esports,” also known as “electronic sports” or competitive video gaming, has exploded in recent years and captured the attention of cord-cutting millennials—often to the detriment of sports such as basketball, football, baseball, and hockey. In the United States, the commercial dominance of such traditional sports stems from decades of regulatory support. Consequently, while esports regulation is likely to emulate many aspects of traditional sports governance, the esports industry is fraught with challenges that inhibit sophisticated ownership and capital investment. Domestic regulation is complicated by underlying intellectual property ownership and ancillary considerations such as fluctuations in a video …
Terror On Your Timeline: Criminalizing Terrorist Incitement On Social Media Through Doctrinal Shift, Zachary Leibowitz
Terror On Your Timeline: Criminalizing Terrorist Incitement On Social Media Through Doctrinal Shift, Zachary Leibowitz
Fordham Law Review
The United States faces a barrage of threats from terrorist organizations on a daily basis. The government takes some steps to prevent these threats from coming to fruition, but not much is being done proactively. Any person can log into a social media account to preach hate and incite violence against the United States and its citizenry, and sometimes these words result in action. When speakers are not held accountable, they can continue to incite the masses to violent action across the United States. This Note proposes a new incitement doctrine to prevent these speakers from being able to spread …
International Investment Law Through The Lens Of Global Justice, Steven Ratner
International Investment Law Through The Lens Of Global Justice, Steven Ratner
Law & Economics Working Papers
The last decade has witnessed a series of criticisms from states, NGOs, and scholars of international investment law’s rules and procedures. Running in parallel, and for a longer period, political philosophers have developed theories about what would constitute a just international economic order. Yet international law and philosophy have not directly engaged with one another regarding the justice of international investment law. This article attempts to breach that gap by analyzing the key critiques of investment law from the perspective of theories of global justice. Philosophical approaches are useful for appraising investment law because they offer a rigorous framework for …
Free Speech And The Confluence Of National Security And Internet Exceptionalism, Alan K. Chen
Free Speech And The Confluence Of National Security And Internet Exceptionalism, Alan K. Chen
Fordham Law Review
In this Article, I argue that, notwithstanding these contemporary developments, the Court got it mostly right in Brandenburg. Or, I want to at least suggest that it is premature to reconstruct the Brandenburg test to address perceived changes in our global environment. For the most part, Brandenburg has succeeded in mediating the balance between protecting political or ideological advocacy and enabling the government to regulate actual incitement, even in the contemporary era. Moreover, I argue that society should be especially wary of calls to narrow Brandenburg’s speech-protective standard because such changes might be significantly influenced by the confluence of two …
The Role Of Internet Intermediaries In Tackling Terrorism Online, Raphael Cohen-Almagor
The Role Of Internet Intermediaries In Tackling Terrorism Online, Raphael Cohen-Almagor
Fordham Law Review
Gatekeeping is defined as the work of third parties “who are able to disrupt misconduct by withholding their cooperation from wrongdoers.”1 Internet intermediaries need to be far more proactive as gatekeepers than they are now. Socially responsible measures can prevent the translation of violent thoughts into violent actions. Designated monitoring mechanisms can potentially prevent such unfortunate events. This Article suggests an approach that harnesses the strengths and capabilities of the public and private sectors in offering practical solutions to pressing problems. It proposes that internet intermediaries should fight stringently against terror and further argues that a responsible gatekeeping approach is …
Social Media Accountability For Terrorist Propaganda, Alexander Tsesis
Social Media Accountability For Terrorist Propaganda, Alexander Tsesis
Fordham Law Review
Terrorist organizations have found social media websites to be invaluable for disseminating ideology, recruiting terrorists, and planning operations. National and international leaders have repeatedly pointed out the dangers terrorists pose to ordinary people and state institutions. In the United States, the federal Communications Decency Act’s § 230 provides social networking websites with immunity against civil law suits. Litigants have therefore been unsuccessful in obtaining redress against internet companies who host or disseminate third-party terrorist content. This Article demonstrates that § 230 does not bar private parties from recovery if they can prove that a social media company had received complaints …
Free Speech And National Security Bootstraps, Heidi Kitrosser
Free Speech And National Security Bootstraps, Heidi Kitrosser
Fordham Law Review
It is troubling that courts treat administrative designations—specifically, both FTO determinations and information classification—as bootstraps by which to yank speech restrictions from the clutches of probing judicial scrutiny. This Article builds on existing scholarly critiques to identify and examine the common thread of national security bootstrapping that runs through both sets of cases. The hope is that in so doing, some greater light may be shed both on the cases themselves and, more broadly, on the costs and benefits of judicial deference to executive national security claims where civil rights and civil liberties are at stake.
Government Speech And The War On Terror, Helen Norton
Government Speech And The War On Terror, Helen Norton
Fordham Law Review
This Article examines how the government’s speech in the War on Terror can threaten free speech, equal protection, and due process values. It focuses primarily on the constitutional harms threatened by the government’s speech itself (what some call a form of “soft law”), rather than on situations in which the government’s speech may be evidence of a constitutionally impermissible motive for its “hard law” actions.
Terrorizing Advocacy And The First Amendment: Free Expression And The Fallacy Of Mutual Exclusivity, Martin H. Redish, Matthew Fisher
Terrorizing Advocacy And The First Amendment: Free Expression And The Fallacy Of Mutual Exclusivity, Martin H. Redish, Matthew Fisher
Fordham Law Review
Traditional free speech doctrine is inadequate to account for modern terrorist speech. Unprotected threats and substantially protected lawful advocacy are not mutually exclusive. This Article proposes recognizing a new hybrid category of speech called “terrorizing advocacy.” This is a type of traditionally protected public advocacy of unlawful conduct that simultaneously exhibits the unprotected pathologies of a true threat. This Article explains why this new category confounds existing First Amendment doctrine and details a proposed model for how the doctrine should be reshaped.
To Speak With One Voice: The Political Effects Of Centralizing The International Legal Defense Of The State, Guillermo J. Garcia Sanchez
To Speak With One Voice: The Political Effects Of Centralizing The International Legal Defense Of The State, Guillermo J. Garcia Sanchez
Faculty Scholarship
When a government official defends a case before an international court, whose interest should he/she be representing? In today’s era of expanding international treaties that give standing to individual claimants, international courts review the actions of different government actors through the yardsticks of international law. The state is not unitary; alleged victims can bring international claims against various government entities including the executive, the legislature, the administrative branch, and the judiciary. Yet, the international legal defense of government actions is in the hands of the executive power. This paper focuses on the consequences of this centralization for inter-branch politics. It …
Urgency Of Boundary Maritime Management: Strategies To Prevent Conflicts, Josina Augustina Yvonne Wattimena
Urgency Of Boundary Maritime Management: Strategies To Prevent Conflicts, Josina Augustina Yvonne Wattimena
Indonesian Journal of International Law
The boundary of maritime between countries is a very important issue for coastal States as well as archipelagic countries such as Indonesia. Indonesia is adjacent to the sea with ten neighboring countries. Until now, Indonesia has not completely resolved the sea border issues with neighboring countries. This is due to the determination of the sea boundary is not easy, very closely with various considerations such as; Political, legal, strategic, historical, economic, environmental, geographical, geological and geomorphological. With the enactment of the 1982 Sea Law Convention as a new constitution for the regulation of the law of the sea, consequently Indonesian …
The Legality Of Intervention For Protection Of National Abroad In Order To Solve Piracy And Hostage (A Study Of Law Concerning The Possible Use Of Armed Force To Release Hostages Detained By Abu Sayyaf Armed Group), Syofirman Syofyan
Indonesian Journal of International Law
Until now hijacking or taking crew as hostage including the people who have Indonesian nationality has been repeatedly done by a group of suspected Abu Sayyaf rebel group. The use of non-violent efforts as negotiations have been conducted. There were failure and it resulted in the execution of the hostages. But some of them were successful to release the hostages allegedly after approving the fulfillment of the demands of the hostage-takers i.e. paying the ransom. However this did not stop the subsequent hostage-taking incident. This is clearly an injury for the country of origin of the crew or people who …
Oliari And The European Court Of Human Rights: Where The Court Failed, Vito John Marzano
Oliari And The European Court Of Human Rights: Where The Court Failed, Vito John Marzano
Pace International Law Review
The European Court of Human Rights revisited the issue of legal recognition for same-sex partnerships on July 21, 2015 when it decided Oliari and Others v. Italy. This Note explores the implications of that decision and what it may mean for same-sex couples within Italy and throughout the Council of Europe. Through a careful analysis of the decision, this Note concludes that Oliari provides slight yet important movement on the issue of a Contracting State’s obligation to afford legal recognition for same-sex partnerships, but a practical implementation of the Court’s holding likely will yield little additional movement in more conservative …
The Export-Import Bank: It's History, Function, And The Reauthorization Act's Impact On The United States And Latin America, David Brack Bryant
The Export-Import Bank: It's History, Function, And The Reauthorization Act's Impact On The United States And Latin America, David Brack Bryant
Law and Business Review of the Americas
No abstract provided.
Guide To Japanese Cross-Border Insolvency Law, Hideo Horikoshi
Guide To Japanese Cross-Border Insolvency Law, Hideo Horikoshi
Law and Business Review of the Americas
No abstract provided.
Continuing To Put The Brakes On Mexican Truckers: Will The U.S. Ever Implement Nafta Annex I, Dana T. Blackmore
Continuing To Put The Brakes On Mexican Truckers: Will The U.S. Ever Implement Nafta Annex I, Dana T. Blackmore
Law and Business Review of the Americas
No abstract provided.
Impact Of Multinational Enterprises On Multilateral Rule Making: The Pharmaceutical Industry And The Trips Uruguay Round Negotiations, Mohamad Omar Gad
Impact Of Multinational Enterprises On Multilateral Rule Making: The Pharmaceutical Industry And The Trips Uruguay Round Negotiations, Mohamad Omar Gad
Law and Business Review of the Americas
No abstract provided.
Rethinking The Sovereign Debt Restructuring Approach, Alimna Arora, Rodrigo Olivares Caminal
Rethinking The Sovereign Debt Restructuring Approach, Alimna Arora, Rodrigo Olivares Caminal
Law and Business Review of the Americas
No abstract provided.
The Tragedy Of Another Minute: Ibwc Minute 308'S Failure To Mend The Rio Grande River, Craig J. Prizlaff
The Tragedy Of Another Minute: Ibwc Minute 308'S Failure To Mend The Rio Grande River, Craig J. Prizlaff
Law and Business Review of the Americas
No abstract provided.
The Deportation Of Criminal Immigrants, R. Andrew Chereck
The Deportation Of Criminal Immigrants, R. Andrew Chereck
Law and Business Review of the Americas
No abstract provided.
Analysis Of The Recent Legislative Trend Towards Increased Regulation And Investor Protection In The Brazilian Securities Market, Micah B. Harper
Analysis Of The Recent Legislative Trend Towards Increased Regulation And Investor Protection In The Brazilian Securities Market, Micah B. Harper
Law and Business Review of the Americas
No abstract provided.
The State Finance Control Function And The Court Of Accounts, Lincoln Magalhaes Da Rocha
The State Finance Control Function And The Court Of Accounts, Lincoln Magalhaes Da Rocha
Law and Business Review of the Americas
No abstract provided.
The Applicability Of Nafta To The Subsidization Of U.S.-Based Nhl Teams: Legal And Economic Perspectives, Terry Wu, Neil Longley
The Applicability Of Nafta To The Subsidization Of U.S.-Based Nhl Teams: Legal And Economic Perspectives, Terry Wu, Neil Longley
Law and Business Review of the Americas
No abstract provided.
Weaving The Continental Web: Exploring Free Trade, Taxation, And The Internet, Aldo Forgione
Weaving The Continental Web: Exploring Free Trade, Taxation, And The Internet, Aldo Forgione
Law and Business Review of the Americas
No abstract provided.
Notes On Arbitration In Argentina, Maria Beatriz Burghetto
Notes On Arbitration In Argentina, Maria Beatriz Burghetto
Law and Business Review of the Americas
No abstract provided.
International Arbitration In The Mercosur - Is Harmonization The Solution, Nigel Blackaby, Sylvia Noury
International Arbitration In The Mercosur - Is Harmonization The Solution, Nigel Blackaby, Sylvia Noury
Law and Business Review of the Americas
No abstract provided.