On The Civil-Ness Of Civil War: A Comment On David Armitage's Civil War Time,
2017
Emory University School of Law
On The Civil-Ness Of Civil War: A Comment On David Armitage's Civil War Time, Mary Dudziak
American University International Law Review
No abstract provided.
Regime Shifts And Panarchies In Regional Scale Social-Ecological Water Systems,
2017
University of Idaho College of Law
Regime Shifts And Panarchies In Regional Scale Social-Ecological Water Systems, Barbara Cosens
Articles
In this article we summarize histories of nonlinear, complex interactions among societal, legal, and ecosystem dynamics in six North American water basins, as they respond to changing climate. These case studies were chosen to explore the conditions for emergence of adaptive governance in heavily regulated and developed social-ecological systems nested within a hierarchical governmental system. We summarize resilience assessments conducted in each system to provide a synthesis and reference by the other articles in this special feature. We also present a general framework used to evaluate the interactions between society and ecosystem regimes and the governance regimes chosen to mediate …
Pueblo Indian Water Rights: Charting The Unknown,
2017
University of New Mexico
Pueblo Indian Water Rights: Charting The Unknown, Richard W. Hughes
Publications
This article examines the so-far-unsuccessful efforts to judicially define and quantify the water rights appurtenant to the core land holdings of the 19 New Mexico Pueblos, many of whose lands straddle the Rio Grande. It explains that the Tenth Circuit Court of Appeals has squarely held that Pueblo water rights are governed by federal, not state law, and are prior to those of any non-Indian appropriator, but also that the Tenth Circuit acknowledged that it could not say how those rights should be characterized. Part I of the article examines the course of the cases that have sought to achieve …
The "Tunisian" Spring: Women's Rights In Tunisia And Broader Implications For Feminism In North Africa And The Middle East,
2017
McGill University
The "Tunisian" Spring: Women's Rights In Tunisia And Broader Implications For Feminism In North Africa And The Middle East, John Hursh
University of Baltimore Law Review
More than six years have passed since the tumultuous weeks that comprised the key moments of the Arab Spring. Although initially greeted with great optimism, most results of these remarkable events ultimately have been discouraging. In Egypt, a “democratic coup d’état” paved the way for the resignation of longtime authoritarian leader Hosni Mubarak and, eventually, democratic elections. However, this moment of hope and reform proved to be short-lived. The elected president and Muslim Brotherhood leader Mohamed Morsi proved to be so divisive and consolidated executive authority to such an alarming extent that General Abdel Sisi replaced him in a military, …
Introduction: Legitimacy And International Courts,
2017
University of Georgia School of Law
Introduction: Legitimacy And International Courts, Harlan Grant Cohen, Andreas Follesdal, Nienke Grossman, Geir Ulfstein
All Faculty Scholarship
Legitimacy and International Courts examines the underpinnings of legitimacy, or the justification of the authority, of international courts and tribunals. It brings together an esteemed group of authors, noted for both their expertise in individual courts, tribunals, or other adjudicatory bodies, and their work on legitimacy, effectiveness, and governance more broadly, to consider the legitimacy of international courts from a comparative perspective. Authors explore what strengthens and weakens the legitimacy of various different international courts, while also considering broader theories of international court legitimacy. Some chapters highlight the sociological or normative legitimacy of specific courts or tribunals, while others address …
Taking The First Bite: Who Should Tax Apple's $187 Billion In Ireland,
2017
University of Michigan Law School
Taking The First Bite: Who Should Tax Apple's $187 Billion In Ireland, Reuven S. Avi-Yonah, University Of Michigan Law School
Articles
On December 19, 2016, the European Commission (hereinafter “Commission”) published its final decision in the Apple State aid case. The Commission concluded that two tax rulings granted in 1991 and 2007 on the allocation of profits to the Irish branches of Apple Sales International (“ASI”) and Apple Operations Europe (“AOE”) amounted to illegal state aid, and ordered Ireland to immediately recover this aid from Apple. The key issue in the Apple decision is where Apple’s foreign income ($187 billion, as of 2016) should be regarded as being generated. In the authors’ opinion, there is almost no basis for any argument …
Examining The Efficacy Of French Asylum Policies And Refugee Integration Effects,
2017
University of Central Florida
Examining The Efficacy Of French Asylum Policies And Refugee Integration Effects, Roberto Cordero
Honors Undergraduate Theses
This Thesis investigates the French asylum seeker legal framework and refugee integration effects based on evidence in government data, non-governmental organizations, and external sources. Specifically, the policies of the protected rights of asylum seekers from history to modern day in relation to its efficiency and respect to human rights. Despite the development of past models through reforms, some shortcomings and discrepancies still exist that adversely affect asylum rights and responsibility sharing among EU nations. A potential system that benefits the applicant in addition to the host country is possible by implementing a model that takes into consideration asylum preferences, socioeconomics, …
Should The United States Withdraw Its Cisg Article 95 Declarations,
2017
Southern Methodist University, Dedman School of Law
Should The United States Withdraw Its Cisg Article 95 Declarations, Peter Winship
The International Lawyer
No abstract provided.
Do International Criminal Tribunals Have A Deterrent Effect On Human Rights Abuses?,
2017
Case Western Reserve University School of Law
Do International Criminal Tribunals Have A Deterrent Effect On Human Rights Abuses?, Rachel Lehr
War Crimes Memoranda
No abstract provided.
Modes Of Liability, Cumulative Convictions, And Charging Language,
2017
Case Western Reserve University School of Law
Modes Of Liability, Cumulative Convictions, And Charging Language, Ankita Channarasappa
War Crimes Memoranda
No abstract provided.
The Legal Authority Of Ice Breaking On The Great Lakes Between The United States Coast Guard And The Canadian Coast Guard, The Implications Of The Ice Breaking Services Fee By The Ccg, And The Potential Liability Of Canadian Criminal Code Section 263 On The Uscg,
2017
Case Western Reserve University School of Law
The Legal Authority Of Ice Breaking On The Great Lakes Between The United States Coast Guard And The Canadian Coast Guard, The Implications Of The Ice Breaking Services Fee By The Ccg, And The Potential Liability Of Canadian Criminal Code Section 263 On The Uscg, Jason Edward Stafford
War Crimes Memoranda
No abstract provided.
Standard Of Review For Evaluating Post-Conviction Requests For Review,
2017
Case Western Reserve University School of Law
Standard Of Review For Evaluating Post-Conviction Requests For Review, Morgan E. Austin
War Crimes Memoranda
No abstract provided.
The Level Of Proof Required To Indict A Person And Send Them To Trial At The Extraordinary Chambers In The Courts Of Cambodia Specifically Addressing The Levels Of Proof To Indict A Person Of France And Other International Criminal Courts, Also Analysing The Statutes, Documents And Jurispurdiction Of The Eccc To Draw A Conclusion,
2017
Case Western Reserve University School of Law
The Level Of Proof Required To Indict A Person And Send Them To Trial At The Extraordinary Chambers In The Courts Of Cambodia Specifically Addressing The Levels Of Proof To Indict A Person Of France And Other International Criminal Courts, Also Analysing The Statutes, Documents And Jurispurdiction Of The Eccc To Draw A Conclusion, Xiong Shi
War Crimes Memoranda
No abstract provided.
What Would Be The Legal And Political Ramifications If The Un Decided To Stop Funding The Eccc Prior To The Current Investigations And Trials Being Finalized? Assess The Ramifications In The Cambodian And International Context.,
2017
Case Western Reserve University School of Law
What Would Be The Legal And Political Ramifications If The Un Decided To Stop Funding The Eccc Prior To The Current Investigations And Trials Being Finalized? Assess The Ramifications In The Cambodian And International Context., Stephanie M. Farah
War Crimes Memoranda
No abstract provided.
In International Criminal Law Does The Prosecutor Have A Responsibility To Ensure That The Facts Forming The Historical Context In Which Large-Scale Human Rights Abuses Occurred Are Adjudicated At Trial? Why Or Why Not?,
2017
Case Western Reserve University School of Law
In International Criminal Law Does The Prosecutor Have A Responsibility To Ensure That The Facts Forming The Historical Context In Which Large-Scale Human Rights Abuses Occurred Are Adjudicated At Trial? Why Or Why Not?, Tyler Portner
War Crimes Memoranda
No abstract provided.
Whether The Adoption Of Civil Criminal Justice System As Opposed To The Common Law Criminal Justice System In Eccc Is A Correct Decision. Specifically Addressing The Pros And Cons Of Both Legal Systems,
2017
Case Western Reserve University School of Law
Whether The Adoption Of Civil Criminal Justice System As Opposed To The Common Law Criminal Justice System In Eccc Is A Correct Decision. Specifically Addressing The Pros And Cons Of Both Legal Systems, Lulu Jing
War Crimes Memoranda
No abstract provided.
Unravelling Power Dynamics In Organizations: An Accountability Framework For Crimes Triggered By Lethal Autonomous Weapons Systems,
2017
Loyola University Chicago, School of Law
Unravelling Power Dynamics In Organizations: An Accountability Framework For Crimes Triggered By Lethal Autonomous Weapons Systems, Tetyana Krupiy
Loyola University Chicago International Law Review
No abstract provided.
The Protection Of Cultural Heritage By International Law In Armed Conflict,
2017
Loyola University Chicago, School of Law
The Protection Of Cultural Heritage By International Law In Armed Conflict, Waseem Ahmad Qureshi
Loyola University Chicago International Law Review
No abstract provided.
United Nations Peacekeepers: Unchecked And Unaccountable,
2017
Loyola University Chicago, School of Law
United Nations Peacekeepers: Unchecked And Unaccountable, Benjamin Horwitz
Loyola University Chicago International Law Review
No abstract provided.
The Hybrid Court Of South Sudan: Progress Towards Establishment And Sustainable Peace,
2017
Loyola University Chicago, School of Law
The Hybrid Court Of South Sudan: Progress Towards Establishment And Sustainable Peace, Elizabeth Watchowski
Loyola University Chicago International Law Review
No abstract provided.
