Nazi-Confiscated Art: Eliminating Legal Barriers To Returning Stolen Treasures,
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,
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,
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,
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,
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,
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,
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,
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,
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
The Failure To Grapple With Racial Capitalism In European Constitutionalism,
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,
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,
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,
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.,
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,
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,
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,
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,
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.
