Why The Right To Data Portability Likely Reduces Consumer Welfare: Antitrust And Privacy Critique,
2013
University of Maryland Francis King Carey School of Law
Why The Right To Data Portability Likely Reduces Consumer Welfare: Antitrust And Privacy Critique, Peter Swire, Yianni Lagos
Maryland Law Review
No abstract provided.
Process For The Dispossessed: Procedural Rights From Magna Carta To Modern International Law,
2013
Washington and Lee University School of Law
Process For The Dispossessed: Procedural Rights From Magna Carta To Modern International Law, Mark A. Drumbl
Scholarly Articles
Due process matters greatly to distinguished philosopher Larry May, who advocates for a vigourous assertion of procedural rights as constituting an international rule of law. He undertakes this ambitious, a la fois aspirational, task in Global Justice and Due Process.
Changing Tides: An Adaptable Prosecution Approach To Piracy’S Shifting Problem,
2013
Columbia Law School
Changing Tides: An Adaptable Prosecution Approach To Piracy’S Shifting Problem, Jessica Piquet
National Security Law Program
Although piracy off the coast of Somalia has captured worldwide attention, attacks in this region are decreasing while other regions are experiencing increases in pirate activity. This Note expands upon prior research into prosecution models for combatting piracy off the coast of Somalia to determine the adaptability and sustainability of these methods as applied to piracy in other regions. In examining the three most common prosecution models currently used and proposed (prosecution by domestic courts in regional states, prosecution by the capturing state or by a state with a significant nexus to the attack, and prosecution by a specialized piracy …
The Future Of Ad Hoc Tribunals: An Assessment Of Their Utility Post- Icc,
2013
Nova Southeastern University
The Future Of Ad Hoc Tribunals: An Assessment Of Their Utility Post- Icc, Milena Sterio
ILSA Journal of International & Comparative Law
Over the past two decades, various mechanisms of international and regional justice have developed.
The Doha Development Dysfunction: Problems Of The Wto Multilateral Trading System,
2013
Cleveland State University
The Doha Development Dysfunction: Problems Of The Wto Multilateral Trading System, Erik M. Dickinson
Global Business Law Review
This Note argues that WTO member nations should use bilateral and regional trade agreements to solve key issues facing the Doha Round negotiations in order to lower trade barriers and foster a climate of free trade necessary to resurrect the stalled Doha Round. Several problems including the WTO’s lack of authority to enforce DSU decisions, protectionist trade measures, and the single undertaking have threatened the long term stability of the WTO’s multilateral trading system. However, if bilateral and regional trade agreements were used to solve key issues, much like they were used by the United States in the 1970s, WTO …
The Mighty Work Of Making Nations Happy: A Response To James Davison Hunter,
2013
1567
The Mighty Work Of Making Nations Happy: A Response To James Davison Hunter, Patrick Mckinley Brennan
Working Paper Series
This article is an invited response to James Davison Hunter’s much-discussed book To Change the World: The Irony, Tragedy, and Possibility of Christianity in the Late Modern World (Oxford University Press, 2010). Hunter, a sociologist at UVA and a believing Protestant, claims that law’s capacity to contribute to social change is “mostly illusory” and that Christians, therefore, should practice “faithful presence” in the public square rather than seek to influence law directly. My response is that it is, in fact, law’s stunning ability to alter and limit available choices that makes it an object of deservedly fierce contest. The wild …
Judicial Review For Enemy Fighters: The Court's Fateful Turn In "Ex Parte Quirin", The Nazi Saboteur Case,
2013
Vanderbilt University Law School
Judicial Review For Enemy Fighters: The Court's Fateful Turn In "Ex Parte Quirin", The Nazi Saboteur Case, Andrew Kent
Vanderbilt Law Review
The last decade has seen intense disputes about whether alleged terrorists captured during the nontraditional post- 9/11 conflict with al Qaeda and affiliated groups may use habeas corpus to challenge their military detention or military trials. It is time to take a step back from 9/11 and begin to evaluate the enemy combatant legal regime on a broader, more systemic basis, and to understand its application to future conflicts. A leading precedent ripe for reconsideration is Ex parte Quirin, a World War II-era case in which the Supreme Court held that saboteurs admittedly employed by an enemy nation's military had …
U.S. Preservation Requirements And Eu Data Protection: Headed For Collision,
2013
UC Law SF
U.S. Preservation Requirements And Eu Data Protection: Headed For Collision, Tania Abbas
UC Law SF International Law Review
Large, multinational corporations today preserve vast quantities of electronic data out of fear that they will suffer sanctions under the Federal Rules of Civil Procedure for destroying evidence that could be relevant to ongoing or pending litigation. But, as U.S. companies hoard data, European regulators are stepping up enforcement of privacy laws that require the systematic elimination of data that identifies individuals without their consent. These laws, such as EU Directive 95/46, on the Protection of Individuals with Regard to the Processing of Personal Data and on the Free Movement of Such Data, are arguably far-reaching and may affect data …
Administrative Procedure And Foreign Antibribery Enforcement: Restoring Balance Through Procedural Transparency,
2013
UC Law SF
Administrative Procedure And Foreign Antibribery Enforcement: Restoring Balance Through Procedural Transparency, Daniel R. Wilson
UC Law SF International Law Review
The Department of Justice and the Securities and Exchange Commission aggressively pursue and punish individuals and companies who bribe or attempt to bribe foreign officials in other countries pursuant to the Foreign Corrupt Practices Act of 1977 (FCPA). However, the FCPA as it is currently interpreted by the Department of Justice has been the object of growing criticism. The United States Chamber of Commerce has argued that good faith efforts to comply with the law are often unsuccessful and that statutory amendments are necessary to "secure clarity" with respect to enforcement policy. A year ago, the Department of Justice responded …
Japanese Legal Reform In Institutional, Ideological, And Comparative Perspective,
2013
UC Law SF
Japanese Legal Reform In Institutional, Ideological, And Comparative Perspective, Frank K. Upham
UC Law SF International Law Review
No abstract provided.
La Mediacion En El Ordenamiento Juridico Catalan. Especial Referencia A Sus Principios Informadores,
2013
Nova Southeastern University
La Mediacion En El Ordenamiento Juridico Catalan. Especial Referencia A Sus Principios Informadores, Dr. Fernando Garriga Arino
ILSA Journal of International & Comparative Law
Hasta la publicación de la Ley de Mediación Familiar de Cataluña (Ley Catalana de Mediación Familiar).
Abortion In Latin America And The Caribbean: A Comparative Study Of Domestic Laws And Relevant Jurisprudence Following The Adoption Of The American Convention On Human Rights,
2013
Nova Southeastern University
Abortion In Latin America And The Caribbean: A Comparative Study Of Domestic Laws And Relevant Jurisprudence Following The Adoption Of The American Convention On Human Rights, Ligia M. Dejesus
ILSA Journal of International & Comparative Law
By ratifying the American Convention on Human Rights (ACHR),' Latin American and Caribbean states made a commitment to protect prenatal life from the moment of conception
The Pitfalls Of At-Will And Just Cause Employment: A Comparartive Analysis Of Employment Law In The United States And Colombia,
2013
Nova Southeastern University
The Pitfalls Of At-Will And Just Cause Employment: A Comparartive Analysis Of Employment Law In The United States And Colombia, Alejandro Gutierrez
ILSA Journal of International & Comparative Law
In March 2012, fourteen employees from a South Florida law firm were fired for simply wearing orange-colored shirts to work.
Los Peligros Del Empleo "A Voluntad" Y Justa Causa: Un Analisis Comparativo De La Ley De Empleo En Estados Unidos Y Colombia,
2013
Nova Southeastern University
Los Peligros Del Empleo "A Voluntad" Y Justa Causa: Un Analisis Comparativo De La Ley De Empleo En Estados Unidos Y Colombia, Alejandro Gutierrez
ILSA Journal of International & Comparative Law
En Marzo del 2012, catorce empleados de un bufete de abogados en el sur de la Florida fueron despedidos simplemente por llevar puestas camisetas de color naranja al trabajo.'
A Football Monopoly: The Lack Of Parity And Financial Resposibility In Today's Game,
2013
Nova Southeastern University
A Football Monopoly: The Lack Of Parity And Financial Resposibility In Today's Game, Ryan M. Knight
ILSA Journal of International & Comparative Law
The transfer system associated with European football' is completely unique from any other form of American sports
Mediation In The Catalan Legal System: Special Reference To Its Guiding Principles,
2013
Nova Southeastern University
Mediation In The Catalan Legal System: Special Reference To Its Guiding Principles, Dr. Fernando Garriga Arino
ILSA Journal of International & Comparative Law
Until the publication of the Catalan Family Mediation Law (CFML),' France was the only European country with a specific law in effect regulating family mediation.
Cuando La Victima Se Convierte En Criminal: El Caso De Ivan Simonovis,
2013
Nova Southeastern University
Cuando La Victima Se Convierte En Criminal: El Caso De Ivan Simonovis, Nicole M. Bagdadi
ILSA Journal of International & Comparative Law
Hugo Rafael Chávez Frías subió al poder en el seno de una era marcada por corrupción en las esferas del gobierno y altos niveles de pobreza.
Sovereign Investing And Markets-Based Transnational Rule Of Law Building: The Norwegian Sovereign Wealth Fund In Global Markets,
2013
American University Washington College of Law
Sovereign Investing And Markets-Based Transnational Rule Of Law Building: The Norwegian Sovereign Wealth Fund In Global Markets, Larry Catá Backer
American University International Law Review
No abstract provided.
Punishing Aggression As A Crime Against Humanity: A Noble But Inadequate Measure To Safeguard International Peace And Security,
2013
American University Washington College of Law
Punishing Aggression As A Crime Against Humanity: A Noble But Inadequate Measure To Safeguard International Peace And Security, Chet Tan
American University International Law Review
No abstract provided.
From Boumediene To Garcia: The United States' (Non)Compliance With The United Nations Convention Against Torture And Its Movement Away From Meaningful Review,
2013
American University Washington College of Law
From Boumediene To Garcia: The United States' (Non)Compliance With The United Nations Convention Against Torture And Its Movement Away From Meaningful Review, Brenna D. Nelinson
American University International Law Review
No abstract provided.
