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Moudawan And Women's Rights In Morocco: Balancing National And International Law, Leila Hanafi 2012 Nova Southeastern University

Moudawan And Women's Rights In Morocco: Balancing National And International Law, Leila Hanafi

ILSA Journal of International & Comparative Law

Morocco's 2004 Moudawana (family code) is undoubtedly a progressive piece of legislation for women in Morocco.


Transnational Surrpgacy And International Human Rights Law, Barbara Stark 2012 Nova Southeastern University

Transnational Surrpgacy And International Human Rights Law, Barbara Stark

ILSA Journal of International & Comparative Law

Surrogacy refers to the process through which a woman intentionally becomes pregnant with a baby that she does not intend to keep.


Rule Of Law In Morocco: A Journey Towards A Better Judiciary Through The Implementation Of The 2011 Constitutional Reforms, Norman L. Greene 2012 Nova Southeastern University

Rule Of Law In Morocco: A Journey Towards A Better Judiciary Through The Implementation Of The 2011 Constitutional Reforms, Norman L. Greene

ILSA Journal of International & Comparative Law

Judicial reform has historically been an important (but not the sole) component of rule of law reform, a decades old movement affecting the developing world, emerging (or not so emerging) democracies and post- conflict nations, and equally applicable to countries commonly identified as Western, including the United States.


Expanding The R2p Tool-Kit: New Political Possibilities And Attendant Legal Uncertainties, John Cerone 2012 Nova Southeastern University

Expanding The R2p Tool-Kit: New Political Possibilities And Attendant Legal Uncertainties, John Cerone

ILSA Journal of International & Comparative Law

The international community has begun to live up to its name. Dramatic legal and political developments of the past fifty years have greatly expanded the array of tools available for responding to grave human rights situations internal to members of the community, and have manifested an increased willingness to deploy those tools to further the human rights values of the community.


Nuclear Disarmament And The United Nations Disarmament Machinery, Alicia Godsberg 2012 Nova Southeastern University

Nuclear Disarmament And The United Nations Disarmament Machinery, Alicia Godsberg

ILSA Journal of International & Comparative Law

The United Nations (U.N.) was formed as World War II was ending with the lofty goal of preventing the scourge of war from ever again engulfing the world in global conflict.


The Future Of International Criminal Justice: The Crucial Role Of The United States, Judge Richard Goldstone 2012 Nova Southeastern University

The Future Of International Criminal Justice: The Crucial Role Of The United States, Judge Richard Goldstone

ILSA Journal of International & Comparative Law

Eight or nine years ago the American Bar Association honored the then President of Romania, Emil Constantinescu, at a luncheon during its annual meeting in Atlanta.


Protecting The Protectors Or Victimizing The Victims Anew? "Material Support Of Terrorism" And Exclusion From Refugee Status In U.S. And European Courts, Tom Syring 2012 Nova Southeastern University

Protecting The Protectors Or Victimizing The Victims Anew? "Material Support Of Terrorism" And Exclusion From Refugee Status In U.S. And European Courts, Tom Syring

ILSA Journal of International & Comparative Law

In recent years, the United States (U.S.) as well as European states have adopted numerous anti-terrorism laws based on concerns for national security, aimed at keeping persons with connections to terrorist networks out of the respective countries, or facilitating the forced return to their country of origin.


Property Of Self-Defense Targetings Of Members Of Al Qaeda And Applicable Principles Of Distinction And Proportionality, Jordan J. Paust 2012 Nova Southeastern University

Property Of Self-Defense Targetings Of Members Of Al Qaeda And Applicable Principles Of Distinction And Proportionality, Jordan J. Paust

ILSA Journal of International & Comparative Law

The United States has engaged in the targeted killing of certain members of al Qaeda both within the theatre of an actual war in Afghanistan and parts of Pakistan, and outside the theatre of war as a matter of self-defense in areas such as Yemen, including the killing of United States national Anwar al-Awlaki in Yemen on September 30, 2011.'


Water Adequacy As An Essential Element For Empowering People, Nan Palmer, Ph.D. 2012 Nova Southeastern University

Water Adequacy As An Essential Element For Empowering People, Nan Palmer, Ph.D.

ILSA Journal of International & Comparative Law

"Water is essential for life."' Safe drinking water is so imperative that without it human beings can only survive for just two to four days; even less if compromised by ill health, heat, and other impinging conditions.


Facebook Frenzy Around The World: The Different Implications Facebook Has On Law Students, Lawyers, And Judges, Tal Harari 2012 Nova Southeastern University

Facebook Frenzy Around The World: The Different Implications Facebook Has On Law Students, Lawyers, And Judges, Tal Harari

ILSA Journal of International & Comparative Law

Over the last decade the use of social networking sites has swept the nation by providing users with the ability to "interact, connect, reconnect, communicate, and collaborate in various ways-such as through audio, words, pictures, or video-with friends, family, acquaintances, professional colleagues, and others."'


The Trillion- Dollar Question: Can Greece Be Saved?, Dominique Venetsanopoulos 2012 Nova Southeastern University

The Trillion- Dollar Question: Can Greece Be Saved?, Dominique Venetsanopoulos

ILSA Journal of International & Comparative Law

What was once called the cradle of Western civilization is now known as the cradle of crisis.


Water, Workship, And Wisdom: Indigenous Traditional Ecological Knowledge And The Human Right To Water, Rhett B. Larson 2012 Nova Southeastern University

Water, Workship, And Wisdom: Indigenous Traditional Ecological Knowledge And The Human Right To Water, Rhett B. Larson

ILSA Journal of International & Comparative Law

Water is used in ceremonies or as a symbol in nearly every religious community.


The 2012 Philip C. Jessup Internaional Law Moot Court Competition, The Republic of Aprophe, The Federal Republic Of Rantania 2012 Nova Southeastern University

The 2012 Philip C. Jessup Internaional Law Moot Court Competition, The Republic Of Aprophe, The Federal Republic Of Rantania

ILSA Journal of International & Comparative Law

On behalf of the Republic of Aprophe ("the Applicant") and the Federal Republic of Rantania ("the Respondent"), in accordance with Article 40(1) of the Statute of the International Court of Justice, we have the honor to transmit to you an original of the Compromis for submission to the International Court of Justice of the Differences between the Applicant and the Respondent concerning the Mai-Tocao Temple, signed in The Hague, The Netherlands, on the twelfth day of September in the year two thousand eleven.


The 2012 Philip C. Jessup Internaional Law Moot Court Competition, The Republic of Aprophe, The Federal Republic Of Rantania 2012 Nova Southeastern University

The 2012 Philip C. Jessup Internaional Law Moot Court Competition, The Republic Of Aprophe, The Federal Republic Of Rantania

ILSA Journal of International & Comparative Law

The present dispute concerns the Mai-Tacao Temple ["the Temple"] complex, located on the border of the parties to these proceedings, the Republic of Aprophe ["Aprophe"], the Applicant in these proceedings, and the Federal Republic of Rantania ["Rantania"], the Respondent.


The 2012 Philip C. Jessup Internaional Law Moot Court Competition, The Republic of Aprophe, The Federal Republic Of Rantania 2012 Nova Southeastern University

The 2012 Philip C. Jessup Internaional Law Moot Court Competition, The Republic Of Aprophe, The Federal Republic Of Rantania

ILSA Journal of International & Comparative Law

The Republic of Aprophe ("Aprophe") and the Federal Republic of Rantania ("Rantania") hereby submit the present dispute to the International Court of Justice ("I.C.J.") pursuant to Article 40(1) of the Court's Statute, in accordance with the Compromis for submission to the I.C.J. of the differences concerning the Mai-Tocao Temple, signed in The Hague, The Netherlands, on the twelfth day of September in the year two thousand and eleven. Both States have accepted the jurisdiction of this Court pursuant to Article 36(1) of its Statute and Article XXV of the Peace Agreement of 1965.


Insider Trading In China: Compared With Cases In The United States, Greg Tzu Jan Yang 2012 University of Maryland Francis King Carey School of Law

Insider Trading In China: Compared With Cases In The United States, Greg Tzu Jan Yang

Maryland Series in Contemporary Asian Studies

No abstract provided.


Florida's First Constitution, M C. Mirow 2012 Florida International University College of Law

Florida's First Constitution, M C. Mirow

Faculty Books

The central square of St. Augustine, Florida, the Plaza de la Constitución, is not named for the United States Constitution. Instead, its name comes from Florida’s first constitution, the Spanish Constitution of Cádiz of 1812. Daily political life in Florida’s Spanish colonial cities was governed by this document, and cities like St. Augustine ordered their activities around the requirements, rights, and duties expressed in this constitution. The Constitution of Cádiz was the first truly transatlantic constitution because it applied to the entire Spanish empire, of which St. Augustine and Pensacola were just a part. It was drafted by representatives from …


Honor As Property, Johanna E. Bond 2012 Washington and Lee University School of Law

Honor As Property, Johanna E. Bond

Scholarly Articles

This Article is the first to use a property lens to explore the social construction of honor within legal systems around the world. The Article makes the claim that the law in many countries has implicitly treated honor as a form of property and has made legal and social allowances for men who seek to reclaim honor property through violence. The Article expands the boundaries of the existing scholarship concerning honor-related violence by exploring the intersections between social constructions of honor and social constructions of property. Using a property lens to analyze the relationship between honor, patriarchal control, and law …


The Reality Of Social Rights Enforcement, David Landau 2012 Florida State University College of Law

The Reality Of Social Rights Enforcement, David Landau

Scholarly Publications

Despite the lack of socio-economic rights in the U.S. Constitution and the absence of political will to enforce them, the vast majority of constitutions around the world now include these rights, and courts are enforcing them in increasingly aggressive and creative ways. Scholars have produced a large and theoretically rich literature on the topic. Virtually all of this literature assumes that social rights enforcement is about the advancement of impoverished, marginalized groups. Moreover, the consensus recommendation of that literature, according to scholars like Cass Sunstein and Mark Tushnet, is that courts can enforce socio-economic rights hut should do so in …


The Penalties For Piracy: An Empirical Study Of National Prosecution Of International Crime, Eugene Kontorovich 2012 Northwestern University School of Law

The Penalties For Piracy: An Empirical Study Of National Prosecution Of International Crime, Eugene Kontorovich

Faculty Working Papers

This Article examines the sentences imposed by courts around the world in prosecutions of Somali pirates captured on the high seas. Somali piracy has become perhaps the highest-volume area of international criminal law by national courts. As with other international crimes, international law is silent on the subject of penalties. The large number of parallel prosecutions of offenders from a single international "situation" offers an empirical window into the interactions between international and national law in municipal courts; into factors affecting punishment for international crimes and the hierarchy of international offenses; and of course into potential concerns with the current …


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