Rescuing The “Supreme Court” Of Sports: Reforming The Court Of Arbitration For Sport Arbitration Member Selection Procedures,
2016
Brooklyn Law School
Rescuing The “Supreme Court” Of Sports: Reforming The Court Of Arbitration For Sport Arbitration Member Selection Procedures, Jennifer R. Bondulich
Brooklyn Journal of International Law
The international athletic community’s preference for arbitration over traditional domestic courts to settle disputes between individual athletes and their respective sports governing bodies has led to the development of an authority specializing in international sports dispute resolution—the Court of Arbitration for Sport (CAS). Originally created in 1984 by the International Olympic Committee (IOC) to hear Olympic disputes, CAS has developed into the exclusive arbitral body for international sports disputes, and clauses granting CAS exclusive authority are found in essentially all contracts between individual athletes and their respective athletic federation. Although, CAS functions as the “Supreme Court” of Sports and is …
“Chi S’Aiuta, Dio L’Aiuta”: Balancing Italy’S Right To Utilize Assisted Reproductive Technologies With The Teachings Of The Catholic Church,
2016
Brooklyn Law School
“Chi S’Aiuta, Dio L’Aiuta”: Balancing Italy’S Right To Utilize Assisted Reproductive Technologies With The Teachings Of The Catholic Church, Erin A. Mcmullan
Brooklyn Journal of International Law
Adelina Parrillo never anticipated starting a prolonged legal battle when she requested her embryos be donated for scientific research. The restrictive legislation in place in Italy, inevitably influenced by the Catholic Church, mandated that she either implant the embryos or store them indefinitely. After a long drawn out battle with the Italian courts, she desperately sought assistance from the European Court of Human Rights (ECtHR), a court tasked with protecting the rights of individuals such as Parrillo from the overreaching of Member States. The ECtHR) acknowledged that this decision, to donate her unused embryos to medical research, was within the …
A Golden Opportunity: Supporting Up-And-Coming U.S. Luxury Designers Through Design Legislation,
2016
Brooklyn Law School
A Golden Opportunity: Supporting Up-And-Coming U.S. Luxury Designers Through Design Legislation, Shieva Salehnia
Brooklyn Journal of International Law
This Note examines the necessity of creating clothing design protection legislation in the United States as a catalyst for up-and-coming designers to compete with European Union luxury conglomerates in reaching the new, emerging middle class in mainland China. It first discusses the current international intellectual property regimes pertinent to creative expression and brand ownership in the context of the fashion industry and clothing design. It looks at how international agreements may provide general harmonization strategies for trademark protection but leave up-and-coming brands and designers out of its framework. It also provides a brief overview of the persistence and prevalence of …
Making The Time Fit The Crime: Clearly Defining Online Harassment Crimes And Providing Incentives For Investigating Online Threats In The Digital Age,
2016
Brooklyn Law School
Making The Time Fit The Crime: Clearly Defining Online Harassment Crimes And Providing Incentives For Investigating Online Threats In The Digital Age, A. Meena Seralathan
Brooklyn Journal of International Law
This Note examines online harassment and online stalking throughout the world, including the current landscape of Internet communication, the effects of cyberharassment and cyberstalking on its victims, and both the difficulties in defining these crimes in criminal codes and the difficulties in inspiring law enforcement to investigate complex internet crimes. Specifically, this Note discusses the problems inherent in current cyberharassment and cyberstalking treaties and legislation within the United States, Canada, and Australia. For example, this Note analyzes how these jurisdictions define cyberharassment and cyberstalking, how these definitions are inadequate for dealing with current forms of cyberharassment and cyberstalking (both due …
The Principle Of Legality And A Common Law Bill Of Rights—Clear Statement Rules Head Down Under,
2016
Brooklyn Law School
The Principle Of Legality And A Common Law Bill Of Rights—Clear Statement Rules Head Down Under, Dan Meagher
Brooklyn Journal of International Law
This article traces the evolution in Australia of fundamental rights protection provided by the courts. It is a fascinating and controversial story that, at its most critical moments, was (and continues to be) informed by U.S. constitutional law design and statutory interpretation principles. On one level, that is no surprise when “it may be said that, roughly speaking, the Australian Constitution is a redraft of the American Constitution of 1787 with modifications found suitable for the more characteristic British institutions and for Australian conditions.” But, what is extraordinary is that the decision of the framers of the Australian Constitution to …
The Last Poor Plunder From A Bleeding Land: The Failure Of International Law To Protect Syrian Antiquities,
2016
Brooklyn Law School
The Last Poor Plunder From A Bleeding Land: The Failure Of International Law To Protect Syrian Antiquities, Mackenzie Warner
Brooklyn Journal of International Law
The Syrian civil war has led to the looting and destruction of a significant amount of the country's cultural heritage. The rise of ISIS in Syria and its exploitation of cultural heritage for propaganda and financial gain has exacerbated this damage. Further, international treaty protections of cultural heritage during armed conflict contain significant weaknesses impeding their ability to effectively protect antiquities in the post-9/11 context of modern armed conflict that substantially involves non-state armed groups and acts of terrorism occurring outside the event of declared war. The primary international protections of cultural heritage during armed conflict consist of the 1954 …
Confounding Ockham's Razor: Minilateralism And International Economic Regulation,
2016
Brooklyn Law School
Confounding Ockham's Razor: Minilateralism And International Economic Regulation, Eric C. Chaffee
Brooklyn Journal of Corporate, Financial & Commercial Law
In Minilateralism: How Trade Alliances, Soft Law, and Financial Engineering Are Redefining Economic Statecraft, Professor Chris Brummer embraces the complexity of the global economic system and its regulation by exploring the emerging role and dominance of varying strands of economic collaboration and regulation that he collectively refers to as “minilateralism.” In describing the turn toward minilateralism, Brummer notes a number of key features of this new minilateral system, including a shift away from global cooperation to strategic alliances composed of the smallest group necessary to achieve a particular goal, a turn from formal treaties to informal non-binding accords and other …
Regulatory Incentive Realignment And The Eu Legal Framework Of Bank Resolution,
2016
Brooklyn Law School
Regulatory Incentive Realignment And The Eu Legal Framework Of Bank Resolution, Andromachi Georgosouli
Brooklyn Journal of Corporate, Financial & Commercial Law
Risks associated with incentive misalignment are liable to seriously jeopardize the effectiveness of bank resolution, when not properly contained. This Article considers the management of misaligned incentives between regulators that are found in a vertical relationship of public governance. Using the EU legal framework of bank resolution as its case study, this Article explores the effectiveness of the quasi-enforcement powers of the Single Resolution Board (SRB) and, where relevant, of the European Banking Authority (EBA) as an incentive realignment legal technique. Two principal difficulties are identified: on the one hand, the problematic interinstitutional dynamic of the SRB and the EBA …
Open Sesame: The Myth Of Alibaba's Extreme Corporate Governance And Control,
2016
Brooklyn Law School
Open Sesame: The Myth Of Alibaba's Extreme Corporate Governance And Control, Yu-Hsin Lin, Thomas Mehaffy
Brooklyn Journal of Corporate, Financial & Commercial Law
In September 2014, Alibaba Group Holding Limited (Alibaba) successfully launched a $25 billion initial public offering (IPO), the largest IPO ever, on New York Stock Exchange. Alibaba’s IPO success witnessed a wave among Chinese Internet companies to raise capital in U.S capital markets. A significant number of these companies have employed a novel, but poorly understood corporate ownership and control mechanism—the variable interest entity (VIE) structure and/or the disproportional control structure. The VIE structure was created in response to the Chinese restriction on foreign investments; however, it carries the risk of being declared illegal under Chinese law. The disproportional control …
The Art Of Nailing Jell-O To The Wall: Reassessing The Political Power Of The Internet,
2016
Brooklyn Law School
The Art Of Nailing Jell-O To The Wall: Reassessing The Political Power Of The Internet, Bryan Druzin, Jessica Li
Journal of Law and Policy
Political observers commonly argue that, given the unique characteristics of the Internet, democratization is an inevitability of its widespread use. The critical role that social media played in the wave of demonstrations, protests, and revolutions that swept across the Arab world in 2011 cemented this perception in the minds of many. Yet China defies this simplistic paradigm—China has been stunningly successful at constraining the political power of its Internet. We argue that the political importance of Internet technology has been overstated, particularly with respect to China. As support for this thesis, we cite recent political events in Hong Kong known …
From Apology To Utopia's Point Of Attack,
2016
University of Colorado Law School
From Apology To Utopia's Point Of Attack, Justin Deystone
Publications
This contribution to the Symposium celebrating the Twenty-fifth Anniversary of Martti Koskenniemi's From Apology to Utopia explores the relevance of the book for contemporary theorists of the international world. In doing so, the article puts Koskenniemi's classic in a contest with John Yoo's recent book, Point of Attack. The purpose in doing so is three-fold. First, it is to illustrate the contemporary use of Koskenniemi's structuralist method. Second, it is to show how the use of the method, with its attendant reliance on modes of legal thought, might give pause to international thinkers seeking to reinvigorate particular structures of …
An Introduction To Foreign And International Legal Research Tools,
2016
University of Colorado Law School
An Introduction To Foreign And International Legal Research Tools, Nick Harrell
Publications
No abstract provided.
Seeking Inconsistency: Advancing Pluralism In International Criminal Sentencing,
2016
William & Mary Law School
Seeking Inconsistency: Advancing Pluralism In International Criminal Sentencing, Nancy Amoury Combs
Faculty Publications
No abstract provided.
Tax Treaties And The Taxation Of Services In The Absence Of Physical Presence,
2016
Notre Dame Law Library
Tax Treaties And The Taxation Of Services In The Absence Of Physical Presence, Michael S. Kirsch
Journal Articles
It is old news that modern technological developments have strained long‐standing international tax policies and principles. Tax treaties have attempted to keep pace by fitting these new developments within the existing framework. This brief article addresses one aspect of technological developments that can directly affect individual taxpayers—the increasing ability to deliver personal services electronically across borders, without the need for the service provider to have a physical presence in the “source” country. In particular, it focuses on recent developments with the U.N. Model, which may allow source‐based taxation of at least some types of services income even in the absence …
Why Indigenous Peoples’ Property Rights Matter: Why The United Nations Declaration On The Rights Of Indigenous Peoples May Be Used To Condemn Isis And The State Of Iraq For Their Failure To Protect The Property Rights Of Indigenous Peoples In The Nineveh Plains,
2016
University of Oklahoma College of Law
Why Indigenous Peoples’ Property Rights Matter: Why The United Nations Declaration On The Rights Of Indigenous Peoples May Be Used To Condemn Isis And The State Of Iraq For Their Failure To Protect The Property Rights Of Indigenous Peoples In The Nineveh Plains, Brooke E. Hamilton
American Indian Law Review
No abstract provided.
The Quest For Constitutionalism: South Africa Since 1994,
2016
New York Law School
The Quest For Constitutionalism: South Africa Since 1994, Penelope Andrews
Other Publications
No abstract provided.
Current Issues In Therapeutic Jurisprudence,
2016
New York Law School
Current Issues In Therapeutic Jurisprudence, David Wexler
Articles & Chapters
No abstract provided.
China's Bilateral Investment Treaties With African States In Comparative Context,
2016
Seattle University School of Law
China's Bilateral Investment Treaties With African States In Comparative Context, Won Kidane
Faculty Articles
In the last decade, China has made significant investments all over Africa. The principal legal instruments designed to protect Chinese investment in Africa are Bilateral Investment Treaties (BITs). Traditionally, BITs were largely designed to protect Northern investment in the South. This article evaluates their adaptability to South-South relations through a comparative study of China-Africa BITs in light of China’s BITs with the North, principally the recently ratified China-Canada BIT.
Contemporary Practice Of The United States Relating To International Law, January 2016,
2016
University of Michigan Law School
Contemporary Practice Of The United States Relating To International Law, January 2016, Kristina Daugirdas, Julian Davis Mortenson
Articles
In this section: • United States and France Sign Agreement to Compensate Holocaust Victims • United States Conducts Naval Operation Within Twelve Nautical Miles of Spratly Islands in the South China Sea, Prompting Protests from China • United States Pursues Bilateral and Multilateral Initiatives in and Around the Arctic
Introductory Note To Obligation To Negotiate Access To The Pacific Ocean (Bolivia V. Chile): Preliminary Objection (I.C.J.),
2016
Maurice A. Deane School of Law at Hofstra University
Introductory Note To Obligation To Negotiate Access To The Pacific Ocean (Bolivia V. Chile): Preliminary Objection (I.C.J.), Julian G. Ku
Hofstra Law Faculty Scholarship
No abstract provided.
