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Stand For The National Flag And Sing The National Anthem, Yuichiro Tsuji 2019 Meiji University

Stand For The National Flag And Sing The National Anthem, Yuichiro Tsuji

Cardozo International & Comparative Law Review

This paper uses a comparative law approach to review a national anthem case that is one of the most famous decisions coming from the Japanese Supreme Court. Public school teachers in Japan are required to stand up in front of the national flag and sing the national anthem during public school ceremonies. This paper reviews their constitutional rights.


The Ethics Of Non-Lawyer Advocacy: Expectations, Rules, And Complications, John F. Wirenius 2019 New York State Public Employment Relations Board

The Ethics Of Non-Lawyer Advocacy: Expectations, Rules, And Complications, John F. Wirenius

Cardozo International & Comparative Law Review

The article examines the ethical challenges and legal complexities surrounding nonattorney advocacy in labor relations, particularly under the National Labor Relations Act (NLRA) and similar state statutes. It highlights the tension between holding non-lawyer union representatives to attorney ethical standards and the need for simpler, practical norms. The analysis emphasizes the importance of balancing due process for pro se parties with maintaining the integrity of advocacy roles, suggesting that resorting to fundamental statutory values and reciprocal duties can provide a baseline for ethical conduct.


The Responsibility To Protect As Applied To Asylum Seekers In The United States, Luke Doyle Galland 2019 Benjamin N. Cardozo School of Law

The Responsibility To Protect As Applied To Asylum Seekers In The United States, Luke Doyle Galland

Cardozo International & Comparative Law Review

No abstract provided.


Pass The Revenue: How Section 280e Is Harming The Medical Marijuana Industry, Liam McKillop 2019 Benjamin N. Cardozo School of Law

Pass The Revenue: How Section 280e Is Harming The Medical Marijuana Industry, Liam Mckillop

Cardozo International & Comparative Law Review

The note argues that Section 280E of the Internal Revenue Code unfairly penalizes medical marijuana businesses by disallowing ordinary business expense deductions, despite their legality under state laws. It proposes that Congress should amend Section 280E to create an exception for medical marijuana companies, allowing them to deduct business expenses, thereby promoting industry growth and aligning tax policy with current societal and scientific understanding of marijuana's medical benefits.


Social Media Platforms: Preserving Evidence Of International Crimes, Samantha Greenfield 2019 Benjamin N. Cardozo School of Law

Social Media Platforms: Preserving Evidence Of International Crimes, Samantha Greenfield

Cardozo International & Comparative Law Review

The note argues that social media platforms should bear legal responsibility for preserving video evidence of international crimes, as such evidence is crucial for prosecuting genocide, war crimes, and crimes against humanity. The author emphasizes that while these platforms effectively remove harmful content, their current practices risk losing critical evidence necessary for justice, necessitating a legal framework to ensure preservation.


Trade And The Separation Of Powers, Timothy Meyer, Ganesh Sitaraman 2019 Vanderbilt University Law School

Trade And The Separation Of Powers, Timothy Meyer, Ganesh Sitaraman

Vanderbilt Law School Faculty Publications

There are two paradigms through which to view trade law and policy within the American constitutional system. One paradigm sees trade law and policy as quintessentially about domestic economic policy. Institutionally, under the domestic economics paradigm, trade law falls within the province of Congress, which has legion Article I authorities over commercial matters. The second paradigm sees trade law as fundamentally about America’s relationship with foreign countries. Institutionally, under the foreign affairs paradigm, trade law is the province of the President, who speaks for the United States in foreign affairs. While both paradigms have operated throughout American history, the domestic …


Mandatory Multilateralism, Evan J. Criddle, Evan Fox-Decent 2019 William & Mary Law School

Mandatory Multilateralism, Evan J. Criddle, Evan Fox-Decent

Faculty Publications

This Article challenges the conventional wisdom that states are always free to choose whether to participate in multilateral regimes. International law often mandates multilateralism to ensure that state laws and practices are compatible with sovereign equality and joint stewardship. The Article maps mandatory multilateralism's domain, defines its requirements, and examines its application to three controversies: the South China Sea dispute, the United States' withdrawal from the 2015 Paris Agreement, and Bolivia's case against Chile in the International Court of Justice.


Who Owns The Law? How To Restore Public Ownership Of Legal Publication, Leslie A. Street, David R. Hansen 2019 William & Mary Law School

Who Owns The Law? How To Restore Public Ownership Of Legal Publication, Leslie A. Street, David R. Hansen

Library Staff Publications

No abstract provided.


Elusive Justice: The Rohingya Chronic Crisis And The Responsibility To Protect, Sumangala Bhattacharya 2019 Loyola Marymount University and Loyola Law School

Elusive Justice: The Rohingya Chronic Crisis And The Responsibility To Protect, Sumangala Bhattacharya

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Judicial Review And Constitutional Interpretation In Afghanistan: A Case Of Inconsistency, Shoaib Timory 2019 Loyola Marymount University and Loyola Law School

Judicial Review And Constitutional Interpretation In Afghanistan: A Case Of Inconsistency, Shoaib Timory

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Election Hacking: A Trifecta Of Sovereignty, Intervention, And Use Of Force Violations In International Law, Arlen Printz 2019 Loyola Marymount University and Loyola Law School

Election Hacking: A Trifecta Of Sovereignty, Intervention, And Use Of Force Violations In International Law, Arlen Printz

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Supplying Slaves: The Disguise Of Greener Pastures: An Exploratory Study Of Human Trafficking In Uganda, Kyla Johnson 2019 SIT Study Abroad

Supplying Slaves: The Disguise Of Greener Pastures: An Exploratory Study Of Human Trafficking In Uganda, Kyla Johnson

Independent Study Project (ISP) Collection

The purpose of this study was to evaluate labor migration in Uganda with a specific focus on the role labor recruitment agencies play in transporting people and how certain circumstances such as lack of knowledge of safe migration can leave people vulnerable to human trafficking. Labor externalization is beneficial specifically for developing countries because it provides jobs for the robust and available labor in these countries. Nonetheless, when reports appear that young girls are stranded abroad in the middle east after being taken there for work, labor recruitment agencies are first to receive the blame. Although Uganda issued a ban …


Another Hague Judgements Convention? Bucking The Past To Provide For The Future, Louise Ellen Teitz 2019 Roger Williams University School of Law

Another Hague Judgements Convention? Bucking The Past To Provide For The Future, Louise Ellen Teitz

Law Faculty Scholarship

No abstract provided.


Peeling Back The Onion Of Cyber Espionage After Tallinn 2.0, David A. Wallace, Amy H. McCarthy, Mark Visger 2019 University of Maryland Francis King Carey School of Law

Peeling Back The Onion Of Cyber Espionage After Tallinn 2.0, David A. Wallace, Amy H. Mccarthy, Mark Visger

Maryland Law Review

Tallinn 2.0 represents an important advancement in the understanding of international law’s application to cyber operations below the threshold of force. Its provisions on cyber espionage will be instrumental to states in grappling with complex legal problems in the area of digital spying. The law of cyber espionage as outlined by Tallinn 2.0, however, is substantially based on rules that have evolved outside of the digital context, and there exist serious ambiguities and limitations in its framework. This Article will explore gaps in the legal structure and consider future options available to states in light of this underlying mismatch.


A Concise Consideration On The Legal Status Of Taiwan For Japan From The Perspective Of The Customary International Law Of Recognition, Hiroshi Saito 2019 Faculty of Law, Toyo University

A Concise Consideration On The Legal Status Of Taiwan For Japan From The Perspective Of The Customary International Law Of Recognition, Hiroshi Saito

Japanese Society and Culture

Taiwan is one of the most important entities for Japan in the international relations and history. Beijing government has emphasized “One-China Policy” and doesn’t recognize Taiwan as a sovereign state until the present. The issue, whether Taiwan is a de jure state, is a legal issue for only Japan based on the international legal systems of recognition and treaty. In those systems, it is evident for Japan that two peace treaties exist until the present with the Republic of China and the People’s Republic of China. The existence of two treaties means that two sovereign states who did battle against …


Cashless Societies And The Rise Of The Independent Cryptocurrencies: How Governments Can Use Privacy Laws To Compete With Independent Cryptocurrencies, Matla Garcia Chavolla 2019 Elisabeth Haub School of Law at Pace University

Cashless Societies And The Rise Of The Independent Cryptocurrencies: How Governments Can Use Privacy Laws To Compete With Independent Cryptocurrencies, Matla Garcia Chavolla

Pace International Law Review

Many individuals (including governments) envision living in a future world where physical currency is a thing of the past. Many countries have made great strides in their efforts to go cashless. At the same time, there is increasing awareness among citizens of the decreasing amount of privacy in their lives. The potential hazards cashless societies pose to financial privacy may incentivize citizens to hold some of their money in independent cryptocurrencies. This article argues that in order for governments in cashless societies to keep firm control over their money supply, they should enact stronger privacy law protections for its citizens …


Explaining China's Legal Flexibility: History And The Institutional Imperative, Justin W. Evans 2019 Parker College of Business, Georgia Southern University

Explaining China's Legal Flexibility: History And The Institutional Imperative, Justin W. Evans

Pace International Law Review

China’s legal system appears to harbor a major tension, or even a paradox. Certainty in law facilitates economic progress, which most observers agree the Communist Party requires to maintain its power—yet the Party has opted for a flexible legal system that often impedes predictability. Prior studies explain China’s legal system as a product of certain constraints and as an expedient that allows for policy adjustments. These factors undoubtedly are at work but do not fully explain the rationale for a legal design seemingly at odds with the Party’s economic goals. To obtain a fuller view, it is necessary to consult …


License To Kill: An Analysis Of The Legality Of Fully Autonomous Drones In The Context Of International Use Of Force Law, Andrew Figueroa 2019 Florida International University College of Law

License To Kill: An Analysis Of The Legality Of Fully Autonomous Drones In The Context Of International Use Of Force Law, Andrew Figueroa

Pace International Law Review

We live in a world of constant technological change; and with this change, comes unknown effects and consequences. This is even truer with weapons and warfare. Indeed, as the means and methods of warfare rapidly modify and transform, the effects and consequences on the laws of war are unknown. This Article addresses one such development in weapon and warfare technology—Fully Autonomous Weapons or “Killer Robots”—and discusses the inevitable use of these weapons within the current international law framework. Recognizing the current, inadequate legal framework, this Article proposes a regulation policy to mitigate the risks associated with Fully Autonomous Weapons. But …


The Roots And Fruits Of Good Faith In Domestic Court Practice, Thomas Neumann 2019 Aalborg University

The Roots And Fruits Of Good Faith In Domestic Court Practice, Thomas Neumann

Pace International Law Review

Good faith—most lawyers have an opinion on these two words. While the notion of good faith may play specific roles at domestic and regional levels, it remains an elusive siren at the international level. The concept was subject to controversy at the birth of the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) and has been debated by scholars ever since. Considering that the Convention has now been in force for over thirty years, it is agreed that time is ripe for “a call to arms for further research into a uniform standard of good …


International Law Of Nuclear Weapons Nonproliferation: Application To Non-State Actors, Imrana Iqbal 2019 University of Maryland University College

International Law Of Nuclear Weapons Nonproliferation: Application To Non-State Actors, Imrana Iqbal

Pace International Law Review

International legal responses to the threat of nuclear terrorism by non-state actors have been many but often inconsistent, inadequate, and legally unsound. This Article argues in favor of resorting to successfully-implemented methods of dealing with similar crimes. International law has already expanded from its original statist conceptions and scope to include individuals, such as in international human rights norms and international humanitarian laws. In the latter, in particular, the law has expanded in the context of both international and non-international armed conflict. This Article argues that the advancement of law in these areas can lend much to efforts to bring …


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