Judges Talking To Jurors In Criminal Cases: Why U.S. Judges Do It So Differently From Just About Everyone Else,
2013
William & Mary Law School
Judges Talking To Jurors In Criminal Cases: Why U.S. Judges Do It So Differently From Just About Everyone Else, Paul Marcus
Faculty Publications
No abstract provided.
Prosecuting Those Bearing Greatest Responsibility: The Lessons Of The Special Court For Sierra Leone,
2013
University of Pittsburgh School of Law
Prosecuting Those Bearing Greatest Responsibility: The Lessons Of The Special Court For Sierra Leone, Charles C. Jalloh
Articles
This Article examines the controversial article 1(1) of the Statute of the Special Court for Sierra Leone (SCSL) giving that tribunal the competence "to prosecute those who bear the greatest responsibility" for serious international and domestic crimes committed during the latter part of the notoriously brutal Sierra Leonean conflict. The debate that arose during the SCSL trials was whether this bare statement constituted a jurisdictional requirement that the prosecution must prove beyond a reasonable doubt or merely a type of guideline for the exercise of prosecutorial discretion. The judges of the court split on the issue. This paper is the …
Explaining The Progression Of The Rights Of Same-Sex Couples In South America,
2013
University of San Diego
Explaining The Progression Of The Rights Of Same-Sex Couples In South America, Daniel De La Cruz
San Diego International Law Journal
A trend of rights advocacy has recently developed in the international community. Organizations dedicated to the principle of advancing the rights of historically under-represented and oppressed social groups have proliferated around the globe. The growth of the gay rights movement in recent years has resulted in the expansion of civil liberties afforded to same-sex couples. The movement has gained significant success in symbolic expression. Even without much knowledge of the movement, one typically associates a rainbow flag, the Greek letter lambda, and the word “pride” with the effort. Unfortunately, the movement has not achieved comparable substantive success. Same-sex couples continue …
Drawing The Line Between Competing Interests: Strengthening Online Data Privacy Protection In An Increasingly Networked World,
2013
University of San Diego
Drawing The Line Between Competing Interests: Strengthening Online Data Privacy Protection In An Increasingly Networked World, Lori Chiu
San Diego International Law Journal
This article seeks to elucidate these issues and provide a roadmap for the U.S. government to create unified federal laws to provide the private sector with specific protocols regarding use and dissemination of consumer personal information. First, this article will provide an explanation of the U.S.’s current sector-by-sector approach to regulating personally identifying information and will provide a case study of the Federal Trade Commission’s (“FTC”) enforcement action against a social networking site in 2011 as one example of the FTC’s recent efforts at regulating online privacy. Next, this article will analyze the U.S.’s current challenge of judicial enforcement of …
Regulating Violence In Video Games: Virtually Everything,
2013
Pepperdine University
Regulating Violence In Video Games: Virtually Everything, Alan Wilcox
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
A Specter Is Haunting The Financial Industry - The Specter Of The Global Financial Crisis: A Comment On The Imminent Expansion Of Consumer Financial Protection In The United States, The United Kingdom, And The European Union,
2013
Pepperdine University
A Specter Is Haunting The Financial Industry - The Specter Of The Global Financial Crisis: A Comment On The Imminent Expansion Of Consumer Financial Protection In The United States, The United Kingdom, And The European Union, Daniel Lamb
Journal of the National Association of Administrative Law Judiciary
This Comment explores the regulatory fallout from the global financial crisis. Across borders, policy makers are united in their conviction to reconcile the perceived failures of their predecessors to foresee and prevent the crisis, the effects of which show no signs of abating. A critical component of what caused the crisis was the inability to correct failures in the consumer credit market, specifically in subprime mortgages. Exacerbated by an influx of capital and a generally weak regulatory environment, this market failure manifested itself forcefully through a tidal wave of defaults in the American mortgage market that sent shock waves around …
Education For Judicial Aspirants,
2013
Pepperdine University
Education For Judicial Aspirants, Keith R. Fisher
Journal of the National Association of Administrative Law Judiciary
Introductory judicial education (IJE) is an avenue for improving both appointive and elective systems of judicial selection. The impetus for considering this topic can be traced back to lingering unease with judicial selection and the ongoing (though now somewhat stagnant) debate over merit selection. Moreover, changes in the nature of law practice and the judicial role over the past several decades have rendered the gap between those two activities increasingly large. Moreover, surveys of minority communities have consistently demonstrated a far lower degree of confidence in the impartiality and fairness of our nation’s judges. IJE is an effort to maximize …
The Spanish Law On Same-Sex Marriage: Constitutional Arguments,
2013
Brigham Young University Law School
The Spanish Law On Same-Sex Marriage: Constitutional Arguments, Carmen Garcimartin
Brigham Young University Journal of Public Law
No abstract provided.
Equality Principles As Asserted Justifications For Mandating The Legalization Of Same-Sex Marriage In American And Intercountry-Comparative Constitutional Law,
2013
Brigham Young University Law School
Equality Principles As Asserted Justifications For Mandating The Legalization Of Same-Sex Marriage In American And Intercountry-Comparative Constitutional Law, Lynn D. Wardle
Brigham Young University Journal of Public Law
No abstract provided.
How The Battle To Redefine Marriage Affected Family Law In Argentina,
2013
Brigham Young University Law School
How The Battle To Redefine Marriage Affected Family Law In Argentina, Ursula C. Basset
Brigham Young University Journal of Public Law
No abstract provided.
The Constitutionality Of Same-Sex Marriage In Australia (And Other Related Issues),
2013
Brigham Young University Law School
The Constitutionality Of Same-Sex Marriage In Australia (And Other Related Issues), Augusto Zimmermann
Brigham Young University Journal of Public Law
No abstract provided.
Indigenous Restitution In Settling Water Claims: The Developing Cultural And Commercial Redress Opportunities In Aotearoa, New Zealand,
2013
University of Washington School of Law
Indigenous Restitution In Settling Water Claims: The Developing Cultural And Commercial Redress Opportunities In Aotearoa, New Zealand, Jacinta Ruru
Washington International Law Journal
Water is important to all peoples, including indigenous peoples. In recent years, the government in Aotearoa, New Zealand has utilized various cultural redress-type legal mechanisms to recognize and revive the importance of water to the Maori people’s identity, health, and wellbeing. These mechanisms create revolutionary modern opportunities for Maori to participate in the decision-making of how specific waters are used and protected. In particular, the negotiated agreements for the Te Arawa Lakes, and the Waikato, Waipa, and Whanganui rivers are studied in this article as prominent examples of how the government has agreed to, for example, co-management regimes. With the …
Protecting The Spiritual Beliefs Of Indigenous Peoples—Australian Case Studies,
2013
University of Washington School of Law
Protecting The Spiritual Beliefs Of Indigenous Peoples—Australian Case Studies, Michael Blakeney
Washington International Law Journal
This article examines the extent to which the spiritual beliefs of Aboriginal and Torres Strait Islander Peoples are protected under current Australian law. The first significant recognition by the High Court of Australia of the legal rights of indigenous peoples was in relation to native title over real property. As those peoples define their status and society by reference to their relationship with the land, this article considers the ultimately unsuccessful attempt to protect their spiritual beliefs as an incident of native title law. It reviews a line of intellectual property cases which have been a more fruitful source of …
The Struggle For Laws Of Free, Prior, And Informed Consultation In Peru: Lessons And Ambiguities In The Recognition Of Indigenous Peoples,
2013
University of Washington School of Law
The Struggle For Laws Of Free, Prior, And Informed Consultation In Peru: Lessons And Ambiguities In The Recognition Of Indigenous Peoples, Elizabeth Salmón G.
Washington International Law Journal
Despite the fact that Peru ratified ILO Convention 169 on December 2, 1993 and was therefore bound by those dispositions, it adopted public policies without consulting indigenous people. This lack of dialogue led to social conflict over the management of natural resources. In June 2009, a violent episode of social unrest emerged in the provinces of Bagua and Utcubamba during the government of Alan García after the entry into force of the United States-Peru Trade Promotion Agreement (“PTPA”). Indigenous people believed that PTPA aimed to sacrifice rainforest conservation for oil and mining exploitation. In this context, indigenous people grew frustrated …
Recognizing The Feminization Of Displacement: A Proposal For A Gender-Focused Approach To Local Integration In Ecuador,
2013
University of Washington School of Law
Recognizing The Feminization Of Displacement: A Proposal For A Gender-Focused Approach To Local Integration In Ecuador, Johanna L. Gusman
Washington International Law Journal
The feminization of displacement refers to the phenomenon in which women represent an increasingly disproportionate percentage of displaced populations worldwide. The objective of this comment is to raise awareness of this growing problem and recommend that policymakers craft legal responses to better address this reality, using Ecuador as an example. Specifically, this comment outlines how a gender-focused approach to local integration in Ecuador can rectify a refugee policy that never once mentions gender and is silent on the most pressing issues facing refugee women and girls in the area: sexual and gender-based violence. Through the proposal put forth in this …
China's Foreign Invested Partnership Enterprise Law: The Lifeless Or Sleeping Dragon?,
2013
University of Washington School of Law
China's Foreign Invested Partnership Enterprise Law: The Lifeless Or Sleeping Dragon?, Samuel H. Shaddox
Washington International Law Journal
Investors and the Chinese government tout the March 2010 authorization of the Foreign Invested Partnership as an exciting new method for foreign investment in China. However, this comment argues that the Foreign Invested Partnership is not likely to become a vibrant short or long-term platform for foreign direct investment. The historical trends of China’s three other vehicles for foreign direct investment from 1979 to the present provide two key conclusions. First, foreign investors will not utilize Foreign Invested Partnerships until they receive detailed implementing regulations from China’s central government. Second, support or restrictions from the Chinese government can drive or …
Undrip And The Intervention: Indigenous Self-Determination, Participation, And Racial Discrimination In The Northern Territory Of Australia,
2013
University of Washington School of Law
Undrip And The Intervention: Indigenous Self-Determination, Participation, And Racial Discrimination In The Northern Territory Of Australia, Anna Cowan
Washington International Law Journal
The adoption of the United Nations Declaration on the Rights of Indigenous Peoples (“UNDRIP”) by the General Assembly in 2007 was a landmark achievement in the development of indigenous rights under international law, particularly through its unequivocal recognition of indigenous peoples’ right to self-determination. That same year, Australia launched a comprehensive Intervention into Aboriginal communities in the Northern Territory, which purported to safeguard important human rights but was heavily criticized for its discriminatory and non-consultative approach. This article explores the meaning of self-determination under international law, now that the long debate over whether indigenous peoples are “peoples” has finally been …
Global Legal Responses To Prenatal Gender Identification And Sex Selection,
2013
University of Nevada, Las Vegas -- William S. Boyd School of Law
Global Legal Responses To Prenatal Gender Identification And Sex Selection, Seema Mohapatra
Nevada Law Journal
No abstract provided.
Faith, Freedom, And Us Foreign Policy: Avoiding The Proverbial Clash Of Civilizations In East And Southeast Asia,
2013
Singapore Management University
Faith, Freedom, And Us Foreign Policy: Avoiding The Proverbial Clash Of Civilizations In East And Southeast Asia, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In the immediate aftermath of 9/11, the primary weakness of US foreign policy, particularly in Southeast Asia which is home to the largest Muslim community in the world, was that it was driven by concerns over archipelagic Southeast Asia as the “second front” in the “global war against terror.” Military warfare and coercive legislation and enforcement are grossly inadequate in winning the hearts and minds of a community. Religion-wise, Asia is not a tabula rosa. Many religions have long co-existed in Asia. The virtues of religious freedom are not alien to Asia but need nurturing given the dominant imperatives of …
A Convenient Path For The Brazilian Branches Of Government: Executive Supremacy,
2013
University of Maryland Francis King Carey School of Law
A Convenient Path For The Brazilian Branches Of Government: Executive Supremacy, Carlos Bolonha
Schmooze 'tickets'
No abstract provided.
