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The Divergence Of Modern Jurisprudence From The Original Intent For Federalist And Tenth Amendment Limitations On The Treaty Power, Steven T. Voigt 2014 Private Practice

The Divergence Of Modern Jurisprudence From The Original Intent For Federalist And Tenth Amendment Limitations On The Treaty Power, Steven T. Voigt

The University of New Hampshire Law Review

[Excerpt] “That the federal treaty-making authority is constrained by the other parts of the Constitution does not sound like the stuff of law journals. It seems like common sense. After all, we would not expect someone to argue that the ability to “regulate Commerce” entitles Congress to disregard the Third Amendment and quarter soldiers in our houses. We would not expect to see an argument that the power to “establish Post Offices” enables Congress to disregard the freedom of the press in the First Amendment. So, why is the Tenth Amendment so fully disregarded with respect to treaties?”


Where’S The Consultation? The War Powers Resolution And Libya, Eileen Burgin 2014 University of Vermont

Where’S The Consultation? The War Powers Resolution And Libya, Eileen Burgin

The University of New Hampshire Law Review

[Excerpt] “President Barack Obama triggered a War Powers Resolution (WPR) controversy with his military response to the anti-government rebellion and civil war in Libya in 2011. Members of Congress seized upon the WPR, questioning whether the Obama administration had complied with the WPR’s requirements when the United States launched the initial Libyan Operation Odyssey Dawn (OOD) and subsequently participated in the North Atlantic Treaty Organization (NATO) Operation Unified Protector (OUP). Many legislators charged that President Obama had violated the WPR. Concerns centered on such issues as presidential reliance on the United Nations (U.N.) Security Council—rather than Congress—for authorization to act, …


International Law Weekend 2013 Keynote Address: The Advocate In The Transnational Justice System, Donald F. Donovan 2014 Nova Southeastern University

International Law Weekend 2013 Keynote Address: The Advocate In The Transnational Justice System, Donald F. Donovan

ILSA Journal of International & Comparative Law

I am very grateful for the opportunity to address this audience at International Law Weekend 2013.


Accelerated Formation Of Customary International Law, Michael P. Scharf 2014 Nova Southeastern University

Accelerated Formation Of Customary International Law, Michael P. Scharf

ILSA Journal of International & Comparative Law

By tradition, jurists, statesmen, and scholars have looked exclusively to two factors to divine whether an emergent rule has attained customary international law status: 1) widespread State practice and 2) manifestations of a conviction that the practice is required by international law.


The Double-Edged Sword: Democratic Histories And Methods Of Negotiating With Terrorists, Lisa M. Hailey 2014 Nova Southeastern University

The Double-Edged Sword: Democratic Histories And Methods Of Negotiating With Terrorists, Lisa M. Hailey

ILSA Journal of International & Comparative Law

"We do not negotiate with terrorists." On May 31, 2014, Sergeant Bowe Bergdahl, the only American prisoner of war (POW), was released by his captors after five years of captivity.


Los Contratos Electronicos En Masa Mediante "Tecnolgia Web": Opciones Basicas En Su Regulacion, Barral Vinals 2014 Nova Southeastern University

Los Contratos Electronicos En Masa Mediante "Tecnolgia Web": Opciones Basicas En Su Regulacion, Barral Vinals

ILSA Journal of International & Comparative Law

Hoy en dia es frecuente la adquisici6n de bienes y servicios a trav6s de Internet, asi como el uso de servicios de informaci6n de lo mis variado en la red.


Humanitarian Intervention Post-Syria: A Grotian Moment?, Milena Sterio 2014 Nova Southeastern University

Humanitarian Intervention Post-Syria: A Grotian Moment?, Milena Sterio

ILSA Journal of International & Comparative Law

Grotian Moment is a term that signifies a "paradigm-shifting development in which new rules and doctrines of customary international law emerge with unusual rapidity and acceptance."'


Conflict Minerals And International Business: United States And International Responses, Ved P. Nanda 2014 Nova Southeastern University

Conflict Minerals And International Business: United States And International Responses, Ved P. Nanda

ILSA Journal of International & Comparative Law

A recent headline read, "Blood on Your Handset: Is your Cellphone Made with Conflict Minerals Mined in the Congo?


The 2014 Philip C. Jessup International Law, The State of Amalea, The Republic Of Ritania 2014 Nova Southeastern University

The 2014 Philip C. Jessup International Law, The State Of Amalea, The Republic Of Ritania

ILSA Journal of International & Comparative Law

The State of Amalea ('Amalea') and the Republic of Ritania ('Ritania') have consented to submit this dispute to the International Court of Justice ('this Court'), in accordance with Articles 36(1) and 40(1) of the Statute of the International Court of Justice ('the Statute'), by way of Compromis transmitted to the Registrar on 17 September 2013. Amalea and Ritania have undertaken to accept this Court's decision as final and binding on them and commit to comply with it in its entirety and in good faith.


Procedural Due Process: The Distinctions Between America And Abroad, Ronald Smith 2014 Nova Southeastern University School of Law, ILSA Law Journal

Procedural Due Process: The Distinctions Between America And Abroad, Ronald Smith

Faculty Scholarship

This paper was written in an effort to highlight the guarantees of procedural due process that America provides to its own citizens, as well as those that are of international citizenship. In so doing, American Due Process Jurisprudence is compared to the minimum standards that the United Nations stipulates via the United Declaration on Human Rights. Also included is an accounting of actual due process deprivations that have been inflicted upon persons that should have been entitled to nothing less than the utmost of legal protections whilst visiting a country, and although the arresting country promised to abide by the …


Electronic Mass Procurement By Means Of "Web Technology": Basic Options In Its Regulation, Barral Vinals 2014 Nova Southeastern University

Electronic Mass Procurement By Means Of "Web Technology": Basic Options In Its Regulation, Barral Vinals

ILSA Journal of International & Comparative Law

Today, the acquisition of goods and services through the Internet is frequent, just like the use of the most varied information services on the net.


Biting The Hands That Feed: Corporate Charity And The U.S. Foreign Corrupt Practices Act, Reagan R. Demas 2014 American University Washington College of Law

Biting The Hands That Feed: Corporate Charity And The U.S. Foreign Corrupt Practices Act, Reagan R. Demas

American University International Law Review

No abstract provided.


Canada’S Corruption Of Foreign Public Officials Act And Secret Commissions Offense, Stuart H. Deming 2014 American University Washington College of Law

Canada’S Corruption Of Foreign Public Officials Act And Secret Commissions Offense, Stuart H. Deming

American University International Law Review

No abstract provided.


Myanmar And The Dodd-Frank Whistleblower “Bounty”: The U.S. Foreign Corrupt Practices Act And Curbing Grand Corruption Through Innovative Action, Mark V. Vlasic, Peter Atlee 2014 American University Washington College of Law

Myanmar And The Dodd-Frank Whistleblower “Bounty”: The U.S. Foreign Corrupt Practices Act And Curbing Grand Corruption Through Innovative Action, Mark V. Vlasic, Peter Atlee

American University International Law Review

No abstract provided.


Rethinking The International Anti-Corruption Agenda: Civil Society, Human Rights And Democracy, John M. Ackerman 2014 American University Washington College of Law

Rethinking The International Anti-Corruption Agenda: Civil Society, Human Rights And Democracy, John M. Ackerman

American University International Law Review

No abstract provided.


Rights, Privileges, Legitimate Interests, And Justifiabilty: Article 20 Of Trips And Plain Packaging Of Tobacco, Mark Davison, Patrick Emerton 2014 American University Washington College of Law

Rights, Privileges, Legitimate Interests, And Justifiabilty: Article 20 Of Trips And Plain Packaging Of Tobacco, Mark Davison, Patrick Emerton

American University International Law Review

No abstract provided.


The Three-Step-Test Revisited: How To Use The Test’S Flexibility In National Copyright Law, Christophe Geiger, Daniel J. Gervais, Martin Senftleben 2014 American University Washington College of Law

The Three-Step-Test Revisited: How To Use The Test’S Flexibility In National Copyright Law, Christophe Geiger, Daniel J. Gervais, Martin Senftleben

American University International Law Review

No abstract provided.


Heated Skirmishes In The Solar Sector: Do Solar-Pv Feed-In Tariffs Constitute Trade-Related Investment Measures And Subsidies Prohibited Under The Wto Regime?, Matthew D'Orsi 2014 American University Washington College of Law

Heated Skirmishes In The Solar Sector: Do Solar-Pv Feed-In Tariffs Constitute Trade-Related Investment Measures And Subsidies Prohibited Under The Wto Regime?, Matthew D'Orsi

American University International Law Review

No abstract provided.


Prologue, Claudio Grossman 2014 American University Washington College of Law

Prologue, Claudio Grossman

American University International Law Review

No abstract provided.


El Principio De Igualdad Y No Discriminación Como Límite Al Margen De Apreciación En El Reconocimiento Del Matrimonio Entre Personas Del Mismo Sexo, Amaury A. Reyes-Torres 2014 American University Washington College of Law

El Principio De Igualdad Y No Discriminación Como Límite Al Margen De Apreciación En El Reconocimiento Del Matrimonio Entre Personas Del Mismo Sexo, Amaury A. Reyes-Torres

American University International Law Review

No abstract provided.


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