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Full-Text Articles in Law and Society

About Sdlp Oct 2017

About Sdlp

Sustainable Development Law & Policy

No abstract provided.


Editor's Note, Ryan Schmidt, Kimberly Reynolds Oct 2017

Editor's Note, Ryan Schmidt, Kimberly Reynolds

Sustainable Development Law & Policy

No abstract provided.


The Law Of The Seas: A Barrier To Implementation Of Sustainable Development Goal 14, Alexi Nathan Oct 2017

The Law Of The Seas: A Barrier To Implementation Of Sustainable Development Goal 14, Alexi Nathan

Sustainable Development Law & Policy

No abstract provided.


The Key To Engaging With The Sdgs: Utilizing Rio Principle 10 To Succeessfully Implement The U.N. Sustainable Development Goals, Taís Ludwig Oct 2017

The Key To Engaging With The Sdgs: Utilizing Rio Principle 10 To Succeessfully Implement The U.N. Sustainable Development Goals, Taís Ludwig

Sustainable Development Law & Policy

No abstract provided.


Lofty Goals In Dire Times: South Sudan's Obstacles To Achieving The New Sdgs, Harjot Dhillon Oct 2017

Lofty Goals In Dire Times: South Sudan's Obstacles To Achieving The New Sdgs, Harjot Dhillon

Sustainable Development Law & Policy

No abstract provided.


Developing An International Carbon Tax Regime, Steven Specht Oct 2017

Developing An International Carbon Tax Regime, Steven Specht

Sustainable Development Law & Policy

No abstract provided.


A North-South Struggle: Political And Economic Obstacles To Sustainable Development, Imrana Iqbal, Charles Pierson Oct 2017

A North-South Struggle: Political And Economic Obstacles To Sustainable Development, Imrana Iqbal, Charles Pierson

Sustainable Development Law & Policy

No abstract provided.


Lodging The Sustainable Development Goals In The International Trade Regime: From Trade Rhetoric To Trade Plethoric, Nasser Alreshaid Oct 2017

Lodging The Sustainable Development Goals In The International Trade Regime: From Trade Rhetoric To Trade Plethoric, Nasser Alreshaid

Sustainable Development Law & Policy

No abstract provided.


About Sdlp Oct 2017

About Sdlp

Sustainable Development Law & Policy

No abstract provided.


Editor's Note, Caitlin Buchanan Oct 2017

Editor's Note, Caitlin Buchanan

Sustainable Development Law & Policy

No abstract provided.


Boumediene V. Bush: Flashpoint In The Ongoing Struggle To Determine The Rights Of Guantanamo Detainees, Michael J. Anderson Oct 2017

Boumediene V. Bush: Flashpoint In The Ongoing Struggle To Determine The Rights Of Guantanamo Detainees, Michael J. Anderson

Maine Law Review

Following the harrowing events of September 11, 2001, and pursuant to the Authorization for Use of Military Force (AUMF) passed soon thereafter by Congress, the United States Armed Forces began capturing and detaining individuals at the Naval Air Base in Guantanamo Bay, Cuba. The choice of where to house these detainees was not random. Internal memoranda from the Justice Department reveal that the Naval Base was selected as a means of avoiding any legal entanglements that might ensue from such imprisonment. What resulted was what some commentators have called a “legal black hole” at Guantanamo, a place where any individual …


The Role Of Public Interest Groups In Nation-Building: A Maine Lawyer's Experience In Mongolia, Richard A. Spencer Oct 2017

The Role Of Public Interest Groups In Nation-Building: A Maine Lawyer's Experience In Mongolia, Richard A. Spencer

Maine Law Review

In 2006, I spent three months in Ulaanbaatar, Mongolia working as an environmental lawyer with a small Mongolian human rights group called the Center for Human Rights and Development (CHRD). CHRD was working to stop human trafficking, promote human rights, and protect the environment in the face of extreme poverty, government secrecy, corruption, and a post-Soviet government dominated by former members of the Communist party. During my time assisting the staff at CHRD, I felt I could hear the voice of James Madison echoing through the centuries and across the globe. In The Federalist No. 10, Madison suggested that the …


Volunteer Lawyers And Nation-Building: Using Experience To Serve The World Community, Jean C. Berman Oct 2017

Volunteer Lawyers And Nation-Building: Using Experience To Serve The World Community, Jean C. Berman

Maine Law Review

It is with great pride that I note the participation of four International Senior Lawyers Project (ISLP) volunteers in this Symposium of the Maine Law Review. These highly accomplished lawyers, three of whom are from Maine and one from Canada, demonstrate perfectly the premises on which ISLP was founded: first, that the skills and experience of senior-level lawyers from the United States and elsewhere can be of great value to emerging democracies, social justice activists, and nations struggling to overcome poverty; and second, that there is a burgeoning pool of such lawyers, both retired and in active practice, who are …


The Importance Of Commercial Law In The Legal Architecture Of Post-Conflict "New" States, Michael J. Stepek Oct 2017

The Importance Of Commercial Law In The Legal Architecture Of Post-Conflict "New" States, Michael J. Stepek

Maine Law Review

In the era of international relations ushered in by the end of the Cold War, nation-building has become all the rage. In a burst of Wilsonian optimism, Western countries have sought to recreate failed states in their own image, fashioning new governmental institutions from the ashes of violent conflict or civil collapse. These projects became possible in a fresh environment of international consensus that has prevailed since the middle of the 1990s. Developing improved legal institutions has been considered a particularly important component of any state-building project and has been a primary focus of almost all such efforts. A new …


Reflections On Forty Years Of Private Practice And Sustained Pro Bono Advocacy, Stephen H. Oleskey Oct 2017

Reflections On Forty Years Of Private Practice And Sustained Pro Bono Advocacy, Stephen H. Oleskey

Maine Law Review

I am going to address two topics. The first is the one Judge Coffin asked me to address in October 2009, when I was invited to give the 2010 Coffin Lecture: how to combine the private practice of law with an active pro bono practice. The second topic is the one Dean Peter Pitegoff and I agreed to add: a brief discussion of legal developments in national security law since 9/11. My pro bono involvement in Guantanamo Habeas litigation began in 2004 and led directly to my interest in national security law and to my recognition of how difficult it …


Remembering An Abolitionist, Ambassador John R. Miller (May 23, 1938-October 4, 2017), Eleanor Kennelly Gaetan, Donna M. Hughes Oct 2017

Remembering An Abolitionist, Ambassador John R. Miller (May 23, 1938-October 4, 2017), Eleanor Kennelly Gaetan, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

A memorial for Ambassador-at-Large to Monitor and Combat Trafficking in Persons, John R. Miller (May 23, 1938-October 4, 2017). Ambassador Miller believed modern-day slavery, encompassing sex trafficking and forced labor, requires a principled global offensive that the United States is morally obligated to lead. In the four formative years he led the State Department’s Office to Monitor and Combat Trafficking in Persons, 2002 to 2006, John Miller set the office’s course as diplomatically aggressive and programmatically creative. He made the annual Trafficking in Persons report more than a bureaucratic submission, putting daring heroes at the center, and insisting on compelling …


Address At The Lincoln Charter Of The Forest Conference, Bishop Grosseteste University: The Charter Of The Forest: Evolving Human Rights In Nature, Nicholas A. Robinson Sep 2017

Address At The Lincoln Charter Of The Forest Conference, Bishop Grosseteste University: The Charter Of The Forest: Evolving Human Rights In Nature, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

This conference is a singular event, long over due. It has been 258 years since William Blackstone celebrated “these two sacred charters,”1 Carta de Foresta and Magna Carta, with his celebrated publication of their authentic texts. In 2015, the Great Charter of Liberties enjoyed scholarly, political and popular focus. The companion Forest Charter was and is too much neglected.2 I salute the American Bar Association, and Dan Magraw, for the ABA’s educational focus of the Forest Charter, as well as Magna Carta. Today we restore some balance with this conference’s searching and insightful examination of the Forest Charter’s significance.


Femmes, Migration, Et Prostitution En Europe: Il N’Est Pas Question De “Travail De Sexe”, Anna Zobnina Sep 2017

Femmes, Migration, Et Prostitution En Europe: Il N’Est Pas Question De “Travail De Sexe”, Anna Zobnina

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.


The Aftermath Of Care V. Cow Palace And The Future Of Rcra In Cafo Cases, Lauren Tavar Aug 2017

The Aftermath Of Care V. Cow Palace And The Future Of Rcra In Cafo Cases, Lauren Tavar

Sustainable Development Law & Policy

No abstract provided.


Water, Water, Nowhere: Adapting Water Rights For A Changing Climate, Caleb Hall Aug 2017

Water, Water, Nowhere: Adapting Water Rights For A Changing Climate, Caleb Hall

Sustainable Development Law & Policy

No abstract provided.


Ridding Pes Systems Of The “Pay To Pollute” Principle: Pes Optimization Strategies, Kelly Carlson Aug 2017

Ridding Pes Systems Of The “Pay To Pollute” Principle: Pes Optimization Strategies, Kelly Carlson

Sustainable Development Law & Policy

No abstract provided.


Indoor Aquaponics In Abandoned Buildings: A Potential Solution To Food Deserts, Lisa Tomlinson Aug 2017

Indoor Aquaponics In Abandoned Buildings: A Potential Solution To Food Deserts, Lisa Tomlinson

Sustainable Development Law & Policy

No abstract provided.


Investing In Resiliency: Prioritizing Water Systems And Investing In Green Infrastructure, Caitlin Cutchin Aug 2017

Investing In Resiliency: Prioritizing Water Systems And Investing In Green Infrastructure, Caitlin Cutchin

Sustainable Development Law & Policy

No abstract provided.


You Probably Shouldn’T Build There: Watershed-Based Land Use Strategies For Mitigating Global Climate Change In New Jersey’S Freshwater Systems, Matthew Knoblauch Aug 2017

You Probably Shouldn’T Build There: Watershed-Based Land Use Strategies For Mitigating Global Climate Change In New Jersey’S Freshwater Systems, Matthew Knoblauch

Sustainable Development Law & Policy

No abstract provided.


About Sdlp Aug 2017

About Sdlp

Sustainable Development Law & Policy

No abstract provided.


The Iran-United States Claims Tribunal: The Effect Of Future Awards On International Terrorism, Casey J. College Aug 2017

The Iran-United States Claims Tribunal: The Effect Of Future Awards On International Terrorism, Casey J. College

Arbitration Law Review (2009 - Present)

No abstract provided.


International Military Tribunals’ Genesis, Wwii Experience, And Future Relevance, Henry Korn Aug 2017

International Military Tribunals’ Genesis, Wwii Experience, And Future Relevance, Henry Korn

Utah Law Review

Years after the prosecution of Nazi and Japanese war criminals, the United Nations created an International Criminal Tribunal as part of its commitment to bring to justice persons engaged in war crimes, as those crimes were defined during the WWII proceedings. Ultimately, specific tribunals, organized by the United Nations, were created to bring to justice war criminals. In 1993, a tribunal was formed to prosecute former Yugoslav officials and military personnel for atrocities committed during what is known as the Yugoslav wars. In 1994, a tribunal was formed to prosecute officials in Rwanda for evidence of ethnic genocides. There is …


International Law And Transboundary Aquifers, Gabriel Eckstein Feb 2017

International Law And Transboundary Aquifers, Gabriel Eckstein

Faculty Scholarship

Although international law applicable to transboundary aquifers is still in an early stage of development, ground water resources on nation’s frontiers are now garnering growing international attention. This article examines the chief formal and informal mechanisms that have been proposed or implemented for the assessment, use, allocation, and protection of transboundary aquifers and identifies the legal trends and priorities emerging from these instruments. It also considers gaps and shortcomings in the emerging administrative regime and offers recommendations for the further development of the law.


A New International Legal Regime For A New Reality In The War Against Drugs, Guillermo J. Garcia Sanchez Jan 2017

A New International Legal Regime For A New Reality In The War Against Drugs, Guillermo J. Garcia Sanchez

Faculty Scholarship

The paper reviews the existing international legal regime on the war against drugs and argues that it has become obsolete in the face of the trend to legalize the consumption of certain drugs, such as marijuana, in developed nations. It particularly analyzes the contradictory practice of the United States to pressure producing states, such as Mexico and Colombia, to enforce the regime and at the same time allow the legalization of consumption in local U.S. states.


Markets And Sovereignty, Joseph Blocher, Mitu Gulati Jan 2017

Markets And Sovereignty, Joseph Blocher, Mitu Gulati

Faculty Scholarship

The past few decades have witnessed the growth of an exciting debate in the legal academy about the tensions between economic pressures to commodify and philosophical commitments to the market inalienability of certain items. Sex, organs, babies, and college athletics are among the many topics that have received attention. The debates often have proceeded, however, as if they involve markets on one side and the state on the other, with the relevant question being the ways in which the latter can or should try to facilitate, restrict, or rely on the former. In this article, we approach the relationship between …