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Nazi-Confiscated Art: Eliminating Legal Barriers To Returning Stolen Treasures, Stephanie J. Beach 2020 Loyola Marymount University and Loyola Law School

Nazi-Confiscated Art: Eliminating Legal Barriers To Returning Stolen Treasures, Stephanie J. Beach

Loyola of Los Angeles Law Review

World War II ended over three-quarters of a century ago, but there still remain prisoners of war. Before and during the war, the Nazis confiscated approximately 650,000 works of art—an “art theft” orchestrated by Adolf Hitler to rid society of Jewish art and artists and to collect worthy works to build his own art capital. Seventy-five years later, looted Holocaust-era artworks are still either undiscovered or in the possession of museums across the globe without proper ownership attribution or payment to Holocaust survivors or their heirs. There are modern remedies, such as the 1998 Washington Conference on Holocaust Era Assets, …


The Foreign Investment Risk Review Modernization Act: The Double-Edged Sword Of U.S. Foreign Investment Regulations, J. Russell Blakey 2020 Loyola Marymount University and Loyola Law School

The Foreign Investment Risk Review Modernization Act: The Double-Edged Sword Of U.S. Foreign Investment Regulations, J. Russell Blakey

Loyola of Los Angeles Law Review

No abstract provided.


The Study Of Motivation For Defection Within The Intelligence Community: Hindering The Government's Ability To Prevent And Detect Defection, William Virgili 2020 Old Dominion University

The Study Of Motivation For Defection Within The Intelligence Community: Hindering The Government's Ability To Prevent And Detect Defection, William Virgili

Graduate Program in International Studies Theses & Dissertations

Since its inception, the global community has been marred by insecurities about the intentions of other states, which led to states creating intelligence agencies to engage in human intelligence operations. In defense against foreign intelligence services, the U.S. has implemented policies and procedures, informed by defection research, to prevent and detect defection. However, this leads to the question does current research on motivation for defection adequately inform government policies and procedures to prevent and detect defection within the intelligence community? To interrogate this question, I present an in-depth analysis of motivation; the ways in which these conclusions have or have …


Refugees And Human Rights In French-Speaking Europe, Jacob Kang 2020 Ursinus College

Refugees And Human Rights In French-Speaking Europe, Jacob Kang

French Summer Fellows

This paper seeks to explain the manner in which French-speaking European States, namely France, Switzerland, and Belgium, treat asylum seekers. To do so, we will first examine, the philosophical underpinnings of European conceptions of the state, of personhood, and of human rights. In doing so, we move to understand cultural attitudes towards asylum seekers through European philosophers such as Rousseau and Kant. The second aspect, the legal aspect, will explain the manner through which the aforementioned philosophies are reflected through governance in each of the states. Finally, we will examine the demographic profiles of the refugees and perform an outcomes …


Puerto Rico Post-Hurricane Maria: Reconstruction And The Pathway To Self-Determination, Ameya A. Lele 2020 William & Mary Law School

Puerto Rico Post-Hurricane Maria: Reconstruction And The Pathway To Self-Determination, Ameya A. Lele

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Oppression Or Occupation: An International Analysis Of Sex Work And Sex Trafficking, Carver Wolfe 2020 Ursinus College

Oppression Or Occupation: An International Analysis Of Sex Work And Sex Trafficking, Carver Wolfe

International Relations Summer Fellows

Although there is some debate over the exact number of victims of sex trafficking, it is agreed that it is an issue that affects primarily women and girls around the world. This paper will examine modern-day slavery and the unresolved, century-old debate surrounding sex trafficking and sex work. While abolitionists advocate for the total eradication of all sex work, whether it is consensual or not, libertarians support the right to voluntary sex work while condemning the coercion and exploitation that surrounds all forms of trafficking. I will use an analysis of international conventions and will begin a comparative analysis by …


Oppression Or Occupation: Conflicting Views On The Nature Of Sex Work In France And Under International Law, Carver Wolfe 2020 Ursinus College

Oppression Or Occupation: Conflicting Views On The Nature Of Sex Work In France And Under International Law, Carver Wolfe

Politics and International Relations Presentations

Although there is some debate over the exact number of victims of sex trafficking, it is agreed upon that it is an issue that affect primarily women and girls around the world. This paper will examine modern day slavery and the unresolved, century-old debate surrounding sex trafficking and sex work. While abolitionists advocate for total eradication of all sex work, whether it is consensual or not, libertarians support the right to voluntary sex work while condemning the coercion and exploitation that surrounds all forms of trafficking. I will use an analysis of international conventions and will begin a comparative analysis …


An International Attribution Mechanism For Hostile Cyber Operations, Yuval Shany, Michael N. Schmitt 2020 Hebrew University

An International Attribution Mechanism For Hostile Cyber Operations, Yuval Shany, Michael N. Schmitt

International Law Studies

This article is the result of an international research project organized by the Federmann Cyber Security Research Center at Hebrew University to consider the feasibility of establishing an international attribution mechanism for hostile cyber operations, as well as the usefulness of such a body. The authors observe that, at present, states wielding significant cyber capability have little interest in creating such a mechanism. These states appear to be of the view that they can generate sufficient accountability and deterrence based on their independent technological capacity, access to expertise and to offensive (active defense) cyber tools, political clout, security alliances, and …


Alienage Jurisdiction Over Stateless Corporations: Revealing The Folly Of Matimak Trading Company V. Khalily, 2020 University of San Diego

Alienage Jurisdiction Over Stateless Corporations: Revealing The Folly Of Matimak Trading Company V. Khalily

San Diego Law Review

The United States of America will enter the new millennium as the business leader of the world, but for how long will it be able to maintain this position? If the final years of the twentieth century are an indication of things to come, it is apparent that geographical and political borders will become even more irrelevant to the scope of business transactions. The increase in the number of offshore corporations' doing business on an international scale is evidence that the world's business leaders will readily change their locale in order to increase profits. Increasingly popular offshore jurisdictions, such as …


Sunken Efforts? Legal Hurdles To Stemming Maritime Cbrne Proliferation, Arjun Banerjee 2020 University of Tennessee, Knoxville

Sunken Efforts? Legal Hurdles To Stemming Maritime Cbrne Proliferation, Arjun Banerjee

International Journal of Nuclear Security

For four centuries, the law of the sea has rested on the principle of mare liberum or the freedom of the high seas. The oceans have traditionally been regarded as areas over which no state could claim dominion or sovereignty. Nations desirous of countering security threats have found that their efforts are curtailed by the traditional paradigm, partly because of the resistance from other states to permit further derogation. Several extant laws aim to contain the spread of CBRN (chemical, biological, radiological and nuclear) material through a variety of measures. Certain bilateral agreements between nations exist, but the foreign vessel …


Masthead, 2020 UC Law SF

Masthead

UC Law SF International Law Review

No abstract provided.


The Failure To Grapple With Racial Capitalism In European Constitutionalism, Jeffrey Miller 2020 American University Washington College of Law

The Failure To Grapple With Racial Capitalism In European Constitutionalism, Jeffrey Miller

Scholarly Articles in Law Reviews & Journals

Since the 1980s prominent scholars of European legal integration have used the example of U.S. constitutionalism to promote a federal vision for the European Community. These scholars, drawing lessons from developments across the Atlantic, concluded that the U.S. Supreme Court had played a key role in fostering national integration and market liberalization. They foresaw the possibility for the European Court of Justice (ECJ) to be a catalyst for a similar federal and constitutional outcome in Europe. The present contribution argues that the scholars who constructed today’s dominant European constitutional paradigm underemphasized key aspects of the U.S. constitutional experience, including judgments …


From The Editor, Anushri Mehta 2020 UC Law SF

From The Editor, Anushri Mehta

UC Law SF International Law Review

No abstract provided.


Combatting Corruption In The “Era Of Xi Jinping”: A Law And Economics Perspective, Miron Mushkat, Roda Mushkat 2020 UC Law SF

Combatting Corruption In The “Era Of Xi Jinping”: A Law And Economics Perspective, Miron Mushkat, Roda Mushkat

UC Law SF International Law Review

Pervasive graft, widely observed throughout Chinese history but deprived of proper outlets and suppressed in the years following the Communist Revolution, resurfaced on massive scale when partial marketization of the economy was embraced in 1978 and beyond. The authorities had endeavored to alleviate the problem, but in an uneven and less than determined fashion. The battle against corruption has greatly intensified after Xi Jinping ascended to power in 2012. The multiyear antigraft campaign that has unfolded has been carried out in an iron-fisted and relentless fashion. It has yielded some tangible benefits, yet the negative side of the ledger is …


Effects Of Japanese Financial Regulations And Keiretsu Style Groups On Japanese Corporate Governance, Ken Kobayashi 2020 UC Law SF

Effects Of Japanese Financial Regulations And Keiretsu Style Groups On Japanese Corporate Governance, Ken Kobayashi

UC Law SF International Law Review

No abstract provided.


Systems Of Preferential Tax Treatment In The Eu: A Case Study Of Apple, Inc., Constanza Ortiz 2020 UC Law SF

Systems Of Preferential Tax Treatment In The Eu: A Case Study Of Apple, Inc., Constanza Ortiz

UC Law SF International Law Review

Transfer pricing allows corporations to shift profits from high-tax jurisdictions to low-tax jurisdictions. When employed by multinational corporations, which produce up to 70% of the wordl’s trade, many can shelter billions of dollars in tax havens. This paper explores how this is possible by analyzing the ise of Base Erosion and Profit Shifting Tools in Ireland.


Eu-China Fta: Enhanced Enforcement And Umbrella Coverage Of Anticorruption, Ron Brown 2020 UC Law SF

Eu-China Fta: Enhanced Enforcement And Umbrella Coverage Of Anticorruption, Ron Brown

UC Law SF International Law Review

No abstract provided.


Should The Proud Dragon Repent? A Relative Theory For China’S State Capitalist Banking Sector Based On East Asia’S Experience, Yueh-Ping (Alex) Yang 2020 UC Law SF

Should The Proud Dragon Repent? A Relative Theory For China’S State Capitalist Banking Sector Based On East Asia’S Experience, Yueh-Ping (Alex) Yang

UC Law SF International Law Review

Amidst the U.S.-China trade war, China’s banking sector, the backbone of China’s economy, plays a key role in this battle. China’s banking sector, however, poses a puzzle to contemporary studies of state-owned banks (“SBs”). According to the property right theory, the mainstream SB theory, SBs are negative for the financial and economic development of an economy because it is susceptible to more serious agency problems, excessive political intervention, and conflict of interest between state regulators and state owners. That said, the economic success of China, whose banks are mostly owned and controlled by the Chinese party-state supports the development theory, …


California And The European Union Take The Lead In Data Protection, Dyann Heward-Mills, Helga Turku 2020 UC Law SF

California And The European Union Take The Lead In Data Protection, Dyann Heward-Mills, Helga Turku

UC Law SF International Law Review

No abstract provided.


International Cultural Heritage Law: Link Between Cultural Nationalism, Internationalism, And The Concept Of Cultural Genocide, Ashley Mullen 2020 J.D., Cornell Law School, 2020

International Cultural Heritage Law: Link Between Cultural Nationalism, Internationalism, And The Concept Of Cultural Genocide, Ashley Mullen

Cornell Law Review

No abstract provided.


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