The Rise Of The Executive And The Post-Political Drift Of European Public Law,
2017
University of Trento, Faculty of Law
The Rise Of The Executive And The Post-Political Drift Of European Public Law, Marco Dani
Indiana Journal of Global Legal Studies
Contemporary European public law is marked by the uneasy relationship between national constitutional democracies and the executive-based supranational governance of the European Union. Whereas constitutional democracy remains the dominant source of inspiration for European institutional imagination, the supranational executive has relentlessly expanded its scope and institutional culture to key policy fields at the core of national constitutional democracies. This article tracks the rise of the supranational executive by examining three relational paradigms developed between national constitutional democracies and the European Union in distinct phases of the European integration process (i.e., the complementarity paradigm in the foundational period; the competition paradigm …
Looking Beyond The Veil,
2017
Indiana University Maurer School of Law
Looking Beyond The Veil, Immanuel Chioco
Indiana Journal of Global Legal Studies
From establishments of state religions to bans on headscarves, religious minorities experience discrimination. In the post-September 11, 2001, world, Muslim women in particular have faced harsh forms of discrimination and stereotyping; this stigma has only been worsened with the recent influx of immigrants into Europe. With increasing numbers of immigrants, some countries have attempted to assimilate minority religious groups by banning the religious use of headscarves. EEOC v. Abercrombie & Fitch Stores, Inc., a case from the United States Supreme Court, was a break for Muslim women. This case, which involved a Muslim plaintiff, held that religious practices are to …
The Domino Effect: How Inadequate Intellectual Property Rights In The Fashion Industry Affect Global Sustainability,
2017
Indiana University Maurer School of Law
The Domino Effect: How Inadequate Intellectual Property Rights In The Fashion Industry Affect Global Sustainability, Cassandra Elrod
Indiana Journal of Global Legal Studies
This note discusses an unexplored problem at the nexus of fashion and intellectual property law: how "fast fashion" leads to unsustainability of global resources and human rights issues pertaining to overseas manufacturing facilities. This unnecessary chain of events could be avoided if fashion designers were granted more substantial intellectual property rights rather than an overall lack of protection. Instead of turning a blind eye to the consequences of consumer demand and "fast fashion," Congress needs to address these issues head on through legislation that mirrors some of the copyright protections afforded fashion designers overseas
Behavioral Public Choice, U.S. National Security Interests, And Transnational Security Decision Making,
2017
Indiana University Maurer School of Law
Behavioral Public Choice, U.S. National Security Interests, And Transnational Security Decision Making, David G. Delaney
Indiana Journal of Global Legal Studies
Transnational law both shapes and is shaped by policy decisions of public officials addressing global terrorist threats. These and other interrelated security and human rights concerns challenge executive officials in national governments and international organizations to simultaneously advance the rule of law and pursue other important welfare interests. This Article explores opportunities for transnational executives to improve their work and transnational legal frameworks. It proposes that behavioral insights into decision making and public policy making provide essential lessons for those efforts. The U.S. experience developing new policies to interrogate suspected terrorists following the Al Qaeda attacks of September 2001 provides …
Globalization And The Growth Of Executive Power: An Old Story,
2017
University of Massachusetts School of Public Policy
Globalization And The Growth Of Executive Power: An Old Story, Alasdair Roberts
Indiana Journal of Global Legal Studies
Americans have always worried about an undue concentration of power in the executive branch. Recently, people have worried that globalization might be making the problem even worse. But the concern is overstated, or at least misstated. Globalization is not a new phenomenon, and most of its effect on executive power was realized decades ago. And globalization might undermine executive power, rather than bolster it, either because globalization undermines the authority of the nation-state or shifts authority to technocrats. If there is a general tendency toward increased executive power in the twenty-first century, this is might attributable more directly to other …
A Picture's Worth: The Future Of Copyright Protection Of User-Generated Images On Social Media,
2017
Indiana University Maurer School of Law
A Picture's Worth: The Future Of Copyright Protection Of User-Generated Images On Social Media, Elizabeth Tao
Indiana Journal of Global Legal Studies
In the current digital age, the internet is teeming with personal websites and social media posts. As more people around the world are becoming and staying connected to the internet, more stories and photos are sharing over social networking sites each second. Social media presents a ubiquitous platform to share one's life with others, but this accessibility comes at a price. This Note examines the history and present state of copyright law, within the framework of photography, to highlight the gaps within these laws as applied to personal works of art, like personal photographs, posted to social media sites. Social …
Egyptian Confidential: An Analysis Of Confidentiality In The Egyptian Arbitration System,
2017
Penn State Law
Egyptian Confidential: An Analysis Of Confidentiality In The Egyptian Arbitration System, Kayla Snowberger
Arbitration Law Review (2009 - Present)
No abstract provided.
The Iran-United States Claims Tribunal: The Effect Of Future Awards On International Terrorism,
2017
Penn State Law
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.
Courts And Arbitration: Reconciling The Public With The Private,
2017
George Washington University Law School
Courts And Arbitration: Reconciling The Public With The Private, Susan L. Karamanian
Arbitration Law Review (2009 - Present)
No abstract provided.
Quasi-Constitutional Amendments,
2017
Boston College Law School
Quasi-Constitutional Amendments, Richard Albert
Buffalo Law Review
No abstract provided.
Blood Antiquities: Preserving Syria’S Heritage,
2017
IIT Chicago-Kent College of Law
Blood Antiquities: Preserving Syria’S Heritage, Claire Stephens
Chicago-Kent Law Review
The recent large-scale looting of archaeological sites across Syria at the hands of ISIS has brought the devastating effects of the illegal international antiquities market into stark relief. Not only are these illicit excavations irreparably destroying human history, they also enable ISIS to sell Syria’s cultural property to fund their jihad. This note examines the international and domestic laws that regulate this illicit antiquities trade. This note further identifies that, while these laws provide a meaningful legal framework, their ineffective implementation prevents them from effectively regulating the illicit antiquities market. Without effective market regulation, buyers in art market countries will …
In Re Akhbar Beirut & Al Amin,
2017
University of Michigan Law School
In Re Akhbar Beirut & Al Amin, Monica Hakimi
Articles
On August 29, 2016, the Special Tribunal for Lebanon (Tribunal) sentenced a corporate media enterprise and one of its employees for contemptuously interfering with the Tribunal's proceedings in Ayyash, a prosecution concerning the February 2005 terrorist attack that killed former Lebanese Prime Minister Rafiq Hariri. The contempt decision is significant for two reasons: (1) it adopts an expansive definition of the crime of contempt to restrict a journalist's freedom of expression; and (2) it is the first international judicial decision to hold a corporate entity criminally responsible.
A Comment On Christopher Johnson's "Post-Trial Judicial Review Of Criminal Convictions: A Comparative Study Of The United States And Finland",
2017
University of Maine School of Law
A Comment On Christopher Johnson's "Post-Trial Judicial Review Of Criminal Convictions: A Comparative Study Of The United States And Finland", Malick W. Ghachem
Maine Law Review
Christopher Johnson has dug deeply into a neglected corner of comparative law and emerged with some fascinating and important contrasts. Finland does not appear often on the radar screen of American legal scholars, even those who primarily focus is comparative law. And so we are indebted to Johnson for reminding us that critical comparative insights can arise out of studying the experiences of nations deemed “marginal” to the international system, and to mainstream comparative law scholarship (which itself occupies a position of uncertain import in American legal scholarship generally). Johnson’s findings are all the more significant because they come from …
Oil And Reform A La Mexicana,
2017
Florida State University College of Law
Oil And Reform A La Mexicana, John Baker
Florida State University Law Review
Mexico’s recent Energy Reform sent a shock to upend its seventy-five-year-old petroleum monopoly, hoping to cure the ailing industry with injections of foreign investment. Mexico sought to undo a history of state control overnight, but present challenges show that history cannot be undone so easily. This Note addresses the practical significance of the Reform within the context of Mexico’s tumultuous oil history. This context aids in defining the cause and contours of post-Reform challenges to measure future expectations accordingly. The Reform was a necessary step that required herculean efforts to effectuate; however, future growth will require sustained efforts. Long-term economic …
Vulnerable Insiders: Constitutional Design, International Law And The Victims Of Armed Conflict In Colombia,
2017
Florida State University College of Law
Vulnerable Insiders: Constitutional Design, International Law And The Victims Of Armed Conflict In Colombia, David Landau
Scholarly Publications
This article, prepared for a conference on “The External Dimensions of Constitutions” held at the University of Cambridge in September 2016, explains how the Colombian Constitutional Court constructed a set of rights for a group of vulnerable insiders—victims of the country’s long-running internal armed conflict. The Court based its jurisprudence on a 1991 constitutional design that turned towards international law as a way of resolving a severe domestic crisis of violence and legitimacy. The Court has drawn heavily on principles of international human rights law and international humanitarian law to develop a set of protections for Colombia’s massive population of …
Advancing Migrants’ Rights In The United States Using International Law,
2017
UC Law SF
Advancing Migrants’ Rights In The United States Using International Law, Lisa Reinsberg, Brittany West
UC Law SF International Law Review
No abstract provided.
Low-Wage Workers And Bullying In The Workplace: How Current Workplace Harassment Law Makes The Most Vulnerable Invisible,
2017
UC Law SF
Low-Wage Workers And Bullying In The Workplace: How Current Workplace Harassment Law Makes The Most Vulnerable Invisible, E. Christine Reyes Loya
UC Law SF International Law Review
No abstract provided.
Deepening Lawyer Role Education To Serve Students And Society,
2017
UC Law SF
Deepening Lawyer Role Education To Serve Students And Society, Deborah Weimer
UC Law SF International Law Review
The last decade has seen an increase in focus on the plight of the unrepresented, as well as a recognition that these needs are growing dramatically. In 2006, the American Bar Association formally adopted a resolution calling for the provision of counsel to low income individuals in cases involving shelter, sustenance, safety, health and child custody. The ABA recognized the social costs in each of these areas when counsel is not available.
Migrants’ Rights In The U.S. System Under The Inter-American Human Rights System,
2017
UC Law SF
Migrants’ Rights In The U.S. System Under The Inter-American Human Rights System, Francisco J. Rivera Juaristi
UC Law SF International Law Review
No abstract provided.
The Reception And Processing Of Minors In The United States In Comparison To That Of Australia And Canada: Would Being A Party To The Un Convention On The Right Of The Child Make A Difference In U.S. Courts?, Eliana Corona
UC Law SF International Law Review
No abstract provided.
