Domestic Terrorism Classification In The United States V.
Canada And The United Kingdom,
2022
Brooklyn Law School
Domestic Terrorism Classification In The United States V. Canada And The United Kingdom, Michelle Hayek
Brooklyn Journal of International Law
For the past two decades, discourse on terrorism (both global and domestic) has been commonplace throughout the international sphere. Following the attacks on September 11, 2001, many nations have followed suit in launching counterterrorism operations to identify and prevent attacks by both radical groups and lone actors. While the common narrative has focused on “why” terrorist actors commit heinous acts and “how” to best prevent future incidents from emerging, it is important to analyze the legal nuances between prosecuting domestic versus international terrorists. With the rise on “homegrown” domestic lone actors, nations have had to reevaluate and adapt counterterrorism statutes …
Agenda Setting And Europe's Common Immigration Policy,
2022
Portland State University
Agenda Setting And Europe's Common Immigration Policy, Jamie P. Surface
Dissertations and Theses
For over a decade the European Union has been immersed in an immigration crisis. As the desired destination for millions of people fleeing unrest in the Middle East and war in Ukraine, the EU has developed its own social, political, and humanitarian crisis. Lacking policy commonality across its member states on how to accept and manage the mass waves of migrants, the EU continues to struggle with implementing a common immigration policy. This research examines EU immigration issues, policies, and the failures of successful collaboration stymying the implementation of a standard immigration policy. Using the agenda setting model of John …
Promoting Constitutional Literacy: What Role For Courts?,
2022
Singapore Management University
Promoting Constitutional Literacy: What Role For Courts?, De Maartje Visser
Research Collection Yong Pung How School Of Law
This article explores the role of constitutional judges in advancing constitutional literacy, understood as knowledge relating to the functioning of the constitutional order. Part of the inquiry is descriptive and geared towards identifying the modalities that courts today use to cultivate such literacy among the public, or segments thereof. The article also poses normative questions about literacy-boosting efforts. How do these relate to typical judicial functions? Are courts well-placed and equipped to disseminate constitutional knowledge? Based on an analysis of judicial practices, it is suggested that lay individuals are increasingly treated as a key constituency by courts, warranting the development …
Fashion In The Times Of War: The Recent Exodus Of Luxury Brands From Russia And What It Means For Trademark Law,
2022
Texas A&M University School of Law
Fashion In The Times Of War: The Recent Exodus Of Luxury Brands From Russia And What It Means For Trademark Law, Irene Calboli, Vera Sevastianova
Faculty Scholarship
In February 2022, Russia infamously invaded Ukraine, starting an unprovoked war. As a result, many foreign companies left their Russia-based operations, including most luxury fashion houses. In these remarks, we elaborate on the possible issues that these companies may face regarding the enforcement of their IP rights in Russia, particularly trademark rights, following their departure resulting from the sanctions imposed by Western countries.
At the time of writing, perhaps the most pressing issue is whether luxury fashion houses risk losing their trademark rights in Russia due to their decision to suspend their operations, even though temporarily. An additional issue facing …
Most Favoured Nation Clause: Unleashing Its Legal Potential In Favour Of Foreign Investors In Renewable Energy Sector,
2022
University of Qom
Most Favoured Nation Clause: Unleashing Its Legal Potential In Favour Of Foreign Investors In Renewable Energy Sector, Mohammad Akefi Ghaziani, Vahid Akefi Ghaziani, Moosa Akefi Ghaziani Dr.
Indonesia Law Review
International Investment Law and other international legal systems, such as trade law and environmental law have interactions and dynamic interrelationships in meeting global challenges including energy security, climate change, and the need for the renewable energy transition. They help in delivering the principles of justice in the context of changing global values and legal practices. Accordingly, they have a potential share in the global climate change mitigation agenda through innovative policies and regulations, inter alia, to facilitate and promote foreign investment and trade in the renewable energy sector. Similarly, these systems have common principles in their respective agreements. The Most-Favoured …
Zen And The Art Of Repair Manuals: Enabling A Participatory Right To Repair Through An Autonomous Concept Of Eu Copyright Law,
2022
Dalhousie University Schulich School of Law
Zen And The Art Of Repair Manuals: Enabling A Participatory Right To Repair Through An Autonomous Concept Of Eu Copyright Law, Anthony D. Rosborough
Articles, Book Chapters, & Popular Press
Repair manuals are an essential resource for repairing today’s modern and computerised devices. And though these manuals may contain purely utilitarian and uncopyrightable facts, they often receive copyright protection in their entirety as literary works. This protection can impede community-based efforts toward fostering a culture of participatory repair throughout the EU, including repair cafés and tool libraries. Participatory repair activities provide numerous environmental, social, and economic benefits. This article explores whether directive 2001/29/EC’s exception for “uses in connection with the repair or demonstration of equipment” at Article 5(3)(l) (the “Repair Exception”) may offer an avenue for enabling such non-profit participatory …
European Law,
2022
Southern Methodist University
European Law, James Henry Bergeron, Matthew Soper, John Richards, Adam Obadia, Molly O'Casey, Aaron S Schildhaus, Demetrios Eleftherlou, Bradley Varley, Valeria Camboni Miller, Angélique Devaux, Richard Silberstein
The Year in Review
No abstract provided.
Whose Secularism? Which Laïcité? Negotiating Transnational And National Constitutionalism In Kosovo,
2022
Candidate for Juris Doctor, Notre Dame Law School, 2022
Whose Secularism? Which Laïcité? Negotiating Transnational And National Constitutionalism In Kosovo, Thomas J. Hellenbrand
Notre Dame Law Review
This Note will proceed as follows: Part I will set the stage and briefly outline the history of Kosovo and its current political status. Part II will then introduce the Kosovo Constitution and the process by which international agreements (such as the European Convention of Human Rights) were embedded in the text and made binding legal authority. It will show that, although the international agreements are binding, the Kosovo Constitution does not make international case law obligatory. Part III will then address different foundational documents drafted in anticipation of Kosovo’s statehood and how judicial and administrative institutions should apply them …
Patient Access In Fourteen High-Income Countries To New Antibacterials Approved By The Fda, Ema, Pmda, Or Health Canada, 2010-2020,
2022
Boston Univeristy School of Law
Patient Access In Fourteen High-Income Countries To New Antibacterials Approved By The Fda, Ema, Pmda, Or Health Canada, 2010-2020, Kevin Outterson, Ebiowei S. F. Orubu, John Rex, Christine Årdal, Muhammad H. Zaman
Faculty Scholarship
In 2010, the Infectious Diseases Society of America called for 10 new antibiotics by 2020. This goal was achieved in terms of the number of drug approvals, but actual patient access requires commercial launches in many countries, which itself requires sustainable commercial markets. Prior work has described limited access to new antibacterials in low- and middle-income countries (LMICs), in part due to the inability of many to afford these drugs. This study examines patient access for new antibacterials in the G7 and 7 other high-income countries in Europe, to better understand other barriers to patient access to effective antibacterial therapy.
Globalism’S Impact On The Geopolitics Of The Middle East,
2022
Liberty University
Globalism’S Impact On The Geopolitics Of The Middle East, Emily Patterson
Senior Honors Theses
The important geography of the Middle East contributes to the unquestionable value of the region in international relations. Through examining the origin of geopolitics as well as the relevant political theories, and then applying these theories to the current state of the Middle East, it is evident that the geography of the Middle East has impacted the region’s international significance and stability. Understanding the unique geography assists in explaining the region’s current turmoil. The opposing interests in religion, land, and power catalyze tensions across the Middle East, producing an unstable environment around trade route chokepoints and disputed territories. War, political …
Overview Of Bicameral Legislatures’ Potential Impact On The Executive Selection Process,
2022
Indiana University Maurer School of Law
Overview Of Bicameral Legislatures’ Potential Impact On The Executive Selection Process, Kyle Kopchak
Indiana Journal of Constitutional Design
Bicameral legislature is a common constitutional design model, with bicameral legislatures making up roughly 41 percent of all legislatures worldwide. As of April 2014, 79 bicameral and 113 unicameral systems were recorded in the database of the Inter-Parliamentary Union. In general, “bicameralism is more common in federal, large, and presidential states, while unicameralism is more common in unitary, small, parliamentary ones”. Bicameral systems operate two legislative chambers, both of which play a role in drafting and passing national legislation. However, each house often fulfills a unique role in the legislative process and is usually elected by different methods. Proponents of …
Taxonomy Of Ministerial Appointment Processes,
2022
Indiana University Maurer School of Law
Taxonomy Of Ministerial Appointment Processes, Michelle Johnston
Indiana Journal of Constitutional Design
In parliamentary governments, executive power rests in an executive body of ministers commonly referred to as “the cabinet” or “the government.” Cabinet ministers, including the prime minister, are tasked with researching, drafting, and proposing laws and policies to their legislative counterparts in parliament. Because cabinets are generally comprised at least partially of select members of parliament, parliamentary systems are characterized by the interactions and interdependence of the legislative and executive branches. Whereas presidential systems lean into separation of powers to restrict governmental power, parliamentary systems rely on integration of the branches to ensure that political powers remain in check. Executive …
Europe,
2022
Southern Methodist University
Europe, Thomas Stanton, Matthew Soper, James Henry Bergeron, Steven Kourtis, Eva Tzavala, Roselyn S. Sands, Remy Nerriere, Angelique Devaux
The Year in Review
No abstract provided.
This Content Is Unavailable In Your Geographic Region: The United States' And The European Union's Implementation Of Anti-Circumvention Measures,
2022
Vanderbilt School of Law
This Content Is Unavailable In Your Geographic Region: The United States' And The European Union's Implementation Of Anti-Circumvention Measures, Kyle Berry
Vanderbilt Journal of Transnational Law
Recently, people streaming movies and TV shows have begun to use virtual private networks (VPNs) to access content that streaming services restrict to certain geographic regions. Because of the ambiguity in international law and the implementation of the World Intellectual Property Organization (WIPO) Copyright Treaty, domestic law fails to offer streaming services a recourse to sue foreign VPN users. The WIPO Copyright Treaty established an anti-circumvention provision that would seem to apply to using VPNs to stream from other countries. But because of the provision's ambiguity, many of the WIPO Copyright Treaty member countries have adopted different standards. This problem …
European Cross-Sectoral Collective Bargaining As Post Crisis Policy,
2022
Harvard University
European Cross-Sectoral Collective Bargaining As Post Crisis Policy, Pascal Mcdougall
Indiana Journal of Global Legal Studies
This article proposes a policy project, centered around coordinated collective bargaining at the European Union level, to redistribute income towards low-wage workers in post-crisis Europe. It suggests we allow labor unions in sectors employing low-wage workers to present common wage demands across sectors and EU Member States. It shows that this would make union wage increases less harmful to workers and consumers than under uncoordinated sectoral bargaining, while coming more directly at the expense of managers and investors. The article then describes existing EU legal institutions that although they do not quite amount to the policy proposed here constitute useful …
Understanding The Nansen Passport: A System Of Manipulation,
2022
Indiana University Maurer School of Law
Understanding The Nansen Passport: A System Of Manipulation, Kacey Bengel
Indiana Journal of Global Legal Studies
The aftermath of World War I, the "war to end all wars," left the world with as many new problems as it did resolutions. State powers tested and expanded the boundaries and interpretations of international law; in the end, there were the triumphant Allied Powers, the heavily wounded Central Powers, and millions of displaced individuals left adrift in the wake. Never before had the international community attempted to address the issue of refugees, and the product of the postwar efforts did not provide a complete solution. This paper will analyze the international community's] response to the massive refugee crisis and …
France's Membership In Financial Action Task Force (Fatf) And Financing Of The Paris Terror Attacks In 2015,
2022
European Studies, University of Indonesia
France's Membership In Financial Action Task Force (Fatf) And Financing Of The Paris Terror Attacks In 2015, Sasyabella Febriani
Journal of Strategic and Global Studies
France is one of founding members FATF with other G-7 countries and FATF’s headquarters location. According to FATF and Europol, France is not only known as one of low level risk countries in financing terrorism but also as EU member state with the most terror acts in 2015. This research is attempt to explain why the French counter terrorism financing policy based on FATF standards is not able to prevent the financing terrorism practices of Paris terror attacks in 2015. This research method used qualitative approach and used historical institutionalism approach to see how institutional evolution of FATF, France involvement …
John Locke's Theory Of Property, And The Dispossession Of Indigenous Peoples In The Settler-Colony,
2022
Seattle University School of Law
John Locke's Theory Of Property, And The Dispossession Of Indigenous Peoples In The Settler-Colony, Calum Murray
American Indian Law Journal
This paper explores how John Locke’s theory of property, elaborated in chapter five of his Second Treatise of Government, provided a compelling conceptual and practical justification for the appropriation of Indigenous peoples’ territories in America by the early English settler-colonists of the 17th century. It examines how his property theory facilitated the nullification of Native American conceptions of land through the superimposition of European private property regimes in the settler colony. It further highlights briefly how indistinguishable dynamics also characterize the contemporary Israeli/Palestinian settler-colonial context, where the reverberations of Locke’s thought on property are pervasive. To do so, …
Looking Out, Looking In: How India Can Respond To A Carbon Border Adjustment Mechanism On The Principles Of Justice And Equity In The Net-Zero Transition,
2022
Columbia Law School
Looking Out, Looking In: How India Can Respond To A Carbon Border Adjustment Mechanism On The Principles Of Justice And Equity In The Net-Zero Transition, Paridhi Srivastava
LL.M. Essays & Theses
The net-zero transition is a curious term. It is multi-dimensional. It must be inclusive, equitable, and just—considering the different realities of various economies and various pathways to achieving net-zero. One of the merits of global climate action since the Paris Agreement in 2015 has been its attempt to balance climate change justice with inter-generational justice and environmental justice. But as evidenced from the international momentum brewing in a post-Paris world leading up to Glasgow, the problems of justice are not abated with a net-zero transition — they are indeed being rendered more poignant by it. While it is just to …
The Rise Of 5g Technology: How Internet Privacy And Protection Of Personal Data Is A Must In An Evolving Digital Landscape,
2022
The Catholic University of America, Columbus School of Law
The Rise Of 5g Technology: How Internet Privacy And Protection Of Personal Data Is A Must In An Evolving Digital Landscape, Justin Rabine
Catholic University Journal of Law and Technology
No abstract provided.
