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If At First You Don't Accede: Turkish Accession To The European Union, Chris Henry 2014 University of Miami Law School

If At First You Don't Accede: Turkish Accession To The European Union, Chris Henry

University of Miami International and Comparative Law Review

No abstract provided.


Blueprint For The Great Lakes Trail, Melissa K. Scanlan 2014 Vermont Law School

Blueprint For The Great Lakes Trail, Melissa K. Scanlan

Michigan Journal of Environmental & Administrative Law

The Great Lakes are vast yet vulnerable. There is a need to focus the public’s attention on the significance of the lakes for the region as a cohesive, binational whole. To address this need, build on existing water law, and engage the public, this Article provides a blueprint to establish a Great Lakes Trail on the shores of the Great Lakes. The Trail will link together 10,000 miles of coastline and provide the longest marked walking trail in the world. It will demarcate an already existing, yet largely unrecognized, public trust easement and engage the public with their common heritage …


Legal Protection For Groundwater-Dependent Ecosystems, Collin Gannon 2014 University of Michigan Law School

Legal Protection For Groundwater-Dependent Ecosystems, Collin Gannon

Michigan Journal of Environmental & Administrative Law

This Note concerns the legal protection of groundwater-dependent ecosystems in the United States and abroad. By first describing the science and ecology of ecosystems that are dependent on groundwater and then surveying the current American legal system that fails to adequately protect groundwater-dependent ecosystems (GDEs), this Note proposes legal reforms that could vastly improve groundwater management systems. State protection of GDEs is sparse and often only operates indirectly as a result of states’ water policies focused on water quantity upkeep for consumptive purposes. Part I provides an overview of GDEs. Part II discusses state legal protection, including indirect state protection …


Free Exercise After The Arab Spring: Protecting Egypt’S Religious Minorities Under The Country’S New Constitution, James Michael Nossett 2014 Indiana University Maurer School of Law

Free Exercise After The Arab Spring: Protecting Egypt’S Religious Minorities Under The Country’S New Constitution, James Michael Nossett

Indiana Law Journal

No abstract provided.


The Art Market Down Under: A Case Study Of Australian Aboriginal Art Market Regulation And U.S. Art Market Implications, Daniel Day 2014 Benjamin N. Cardozo School of Law

The Art Market Down Under: A Case Study Of Australian Aboriginal Art Market Regulation And U.S. Art Market Implications, Daniel Day

Cardozo Journal of International and Comparative Law

The note examines the contrasting regulatory landscapes of the U.S. and Australian art markets, highlighting how excessive regulation can inadvertently harm market value and artist livelihoods. It argues that while the U.S. art market operates with minimal federal oversight, Australia’s heavily regulated indigenous art market has suffered unintended consequences, such as weakened sales and increased market supply. The analysis serves as a cautionary tale for the U.S. as it considers stronger regulation of its own art market.


Conchservation In The Caribbean: A Call For Stricter Fishing Regulations Of The Queen Conch, Brett Rogers 2014 University of Miami Law School

Conchservation In The Caribbean: A Call For Stricter Fishing Regulations Of The Queen Conch, Brett Rogers

University of Miami International and Comparative Law Review

No abstract provided.


Rehabilitate Or Incarcerate? A Comparative Analysis Of The United States' Sentencing Laws On Low-Level Drug Offenders And Portugal's Decriminalization Of Low-Level Drug Offenses, Caroline E. Sapp 2014 Yeshiva University, Cardozo School of Law

Rehabilitate Or Incarcerate? A Comparative Analysis Of The United States' Sentencing Laws On Low-Level Drug Offenders And Portugal's Decriminalization Of Low-Level Drug Offenses, Caroline E. Sapp

Cardozo Journal of International and Comparative Law

America's criminal justice system is in need of targeted reform. Throughout this country, too many Americans are trapped- and too many communities are weakened - by a vicious cycle of poverty, criminality, and incarceration. Too many people go to too many prisons for far too long - and for no truly good law enforcement reason. The U.S. prison population has grown at an astonishing rate over the last three decades - by almost 800 percent since 1980, despite the fact that America's overall population has increased by only about a third. As we speak, more than 219,000 federal inmates are …


Getting Beyond Abstract Confusion: How The United Kingdom's Jurisprudence Can Aid In Developing An Analytic Framework For Patent-Eligibility In Light Of Alice V. Cls Bank, Brendon Beheshti 2014 University of Washington School of Law

Getting Beyond Abstract Confusion: How The United Kingdom's Jurisprudence Can Aid In Developing An Analytic Framework For Patent-Eligibility In Light Of Alice V. Cls Bank, Brendon Beheshti

Washington Journal of Law, Technology & Arts

This Article advocates consideration of the United Kingdom’s jurisprudence as persuasive authority for implementation of a new framework for analysis of subject matter eligibility of computer-implemented inventions in light of the United States Supreme Court’s ruling in Alice Corp. v. CLS Bank International. The U.K.’s patent jurisprudence provides a more developed and clear analytic framework that conforms to the policy objectives of Alice, while also avoiding the conceptual problem of determining what is “abstract.” The result is a more useful and concrete analytic framework that also reduces conflicts of laws, and thus can help spur innovation across the …


Enhancing The Effectiveness Of The Public Procurement System Of Iraq Through Reforming The Bid Protest Processes, Ali Ahmed Rahman 2014 Indiana University Maurer School of Law

Enhancing The Effectiveness Of The Public Procurement System Of Iraq Through Reforming The Bid Protest Processes, Ali Ahmed Rahman

Maurer Theses and Dissertations

This dissertation addresses the legal framework of the bid protest system in Iraq, which is designed to check illegalities and irregularities in awarding public contracts by contracting agencies. Several regional and international agreements emphasize the significance of bid protest processes for member states. However, the mere existence of bid protest forums is not sufficient to ensure their effectiveness. The vast majority of developing countries have bid protest mechanisms, but this does not mean that they are functioning as necessary. This work begins by assessing the theoretical controversies surrounding the issue of what works best, more discretion or more oversight, in …


Exodus: Structuring Redemption Of Captives, Rivka Weill 2014 Interdisciplinary Center

Exodus: Structuring Redemption Of Captives, Rivka Weill

Cardozo Law Review

The question of how to react to ransom demands in kidnap situations is ancient and persistent. It was asked as far back as Biblical times, and yet modern states have still not found answers. In terrorist kidnapping scenarios, the private victims, including the families, are often used as leverage to pressure the authorities, with the anticipation that the combination of public sympathy and private lobbying will result in excessive concessions. In the kidnap game, the victim's family is a single-game player and thus operates under a completely different set of considerations than the repeat player: the state. The question is …


Reverse Cross-Listings - The Coming Race To List In Emerging Markets And An Enhanced Understanding Of Classical Bonding, Nicholas C. Howson, Vikramaditya Khanna 2014 University of Michigan Law School

Reverse Cross-Listings - The Coming Race To List In Emerging Markets And An Enhanced Understanding Of Classical Bonding, Nicholas C. Howson, Vikramaditya Khanna

Articles

Studies have found that when a U.S. issuer lists abroad on a foreign exchange, its shares exhibit negative abnormal returns. This negative movement may be because the market expects that the foreign listing will facilitate undetectable insider trading on the foreign exchange or other conduct impermissible in the United States.


Growing Pains And Coming-Of-Age: The State Of International Arbitration In India, Jory Canfield 2014 Pepperdine University

Growing Pains And Coming-Of-Age: The State Of International Arbitration In India, Jory Canfield

Pepperdine Dispute Resolution Law Journal

The article offers information on the history, development and significance of international arbitration in India. It analyzes the decision of the Indian Supreme Court in the case of Bharat Aluminium Co. v. Kaiser Aluminium Technical Services Inc., which marks the era of major changes in Indian law regarding international arbitration. It mentions that development of Indian arbitration law enhances global standards and attitudes toward international dispute resolution in India.


Blending The Law, The Individual, And Traditional Values To Create An Effective Adr System: A Study On The Adr Processes In Rwanda And Nicaragua, Sarah Yance 2014 Pepperdine University

Blending The Law, The Individual, And Traditional Values To Create An Effective Adr System: A Study On The Adr Processes In Rwanda And Nicaragua, Sarah Yance

Pepperdine Dispute Resolution Law Journal

This article offers information on the history, development and significance of the adoption and implementation of the alternative dispute resolution (ADR) techniques in Nicaragua and Rwanda. The ADR system addresses the issues of women and children suffering from domestic abuse and from the repercussions of the Rwandan Genocide and helps in rebuilding and restoring traditional values of family and community in the context of human rights.


A Comparative Study Of Social And Economic Rights Of Asylum Seekers And Refugees In The United States And The United Kingdom, Bobana Ugarkovic 2014 University of Georgia School of Law

A Comparative Study Of Social And Economic Rights Of Asylum Seekers And Refugees In The United States And The United Kingdom, Bobana Ugarkovic

Georgia Journal of International & Comparative Law

No abstract provided.


International Trade Law And The U.S.-Eu Gmo Debate: Can Africa Weather This Storm?, Michelle K. McDonald 2014 University of Georgia School of Law

International Trade Law And The U.S.-Eu Gmo Debate: Can Africa Weather This Storm?, Michelle K. Mcdonald

Georgia Journal of International & Comparative Law

No abstract provided.


The Failings Of The Tri-State Water Negotiations: Lessons To Be Learned From International Law, Michael Keene 2014 University of Georgia School of Law

The Failings Of The Tri-State Water Negotiations: Lessons To Be Learned From International Law, Michael Keene

Georgia Journal of International & Comparative Law

No abstract provided.


A Barren Harvest For The Developing World? Presidential "Trade Promotion Authority" And The Unfulfilled Promise Of Agriculture Negotiations In The Doha Round, Clete D. Johnson 2014 University of Georgia School of Law

A Barren Harvest For The Developing World? Presidential "Trade Promotion Authority" And The Unfulfilled Promise Of Agriculture Negotiations In The Doha Round, Clete D. Johnson

Georgia Journal of International & Comparative Law

No abstract provided.


International Norms In Constitutional Law, Michael Wells 2014 University of Georgia School of Law

International Norms In Constitutional Law, Michael Wells

Georgia Journal of International & Comparative Law

No abstract provided.


The Use Of International Sources In Constitutional Opinion, Daniel Bodansky 2014 University of Georgia School of Law

The Use Of International Sources In Constitutional Opinion, Daniel Bodansky

Georgia Journal of International & Comparative Law

No abstract provided.


A Constitution For An Enlarged Europe, Manuel Medina Ortega 2014 Universidad Complutense, Madrid

A Constitution For An Enlarged Europe, Manuel Medina Ortega

Georgia Journal of International & Comparative Law

No abstract provided.


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