An Examination Of The Law, Or Lack Thereof, In Refugee And Displacement Camps,
2012
UC Law SF
An Examination Of The Law, Or Lack Thereof, In Refugee And Displacement Camps, Kelsey Kofford
UC Law SF International Law Review
When people envision refugee and displacement camps, rarely do they conjure up images or symbols of justice. There are no courthouses, no judges, no attorney offices, and no actual law enforcement in their virtual depictions - and with good reason. In reality, there is little to no access to justice in camplife. Refugee and displacement camps are essentially lawless. This Note endeavors to answer why there is no legal infrastructure in camps by examining the rise of the camp model, the law on the books versus the law in action in camps, and some on-the-ground problems that occur and inhibit …
A Tort Statute, With Aliens And Pirates,
2012
Northwestern University School of Law
A Tort Statute, With Aliens And Pirates, Eugene Kontorovich
Faculty Working Papers
The pirates of the Caribbean are back. Not in another fantastical film but in the litigation over the reach of the Alien Tort Statute (ATS). For the first time since they dealt with the legal issues raised by a wave of maritime predation in the Caribbean in the early nineteenth century, Supreme Court justices are seriously discussing piracy. This crime has emerged as the test case for evaluating the major controversies about the reach of the statute -- namely, extraterritorial application and the existence of corporate liability. At oral argument in Kiobel v. Royal Dutch Shell, justices of all persuasions …
Introduction: Targeting In An Asymmetrical World,
2012
Valparaiso University School of Law
Introduction: Targeting In An Asymmetrical World, D. A. Jeremy Telman
Law Faculty Publications
This is the introduction to a collection of articles to be published in the Valparaiso University Law Review. The articles address the challenges presented by non-traditional warfare and non-traditional combatants in the contexts of the War on Terror and the trend toward multilateral and humanitarian interventions. Two of the contributions, those of Jonathan Hafetz and David Frakt, detail the hybrid model, part criminal law, part law of war, that the United States developed for addressing the status of detainees in the War on Terror. Two of the contributions, those of Rachel VanLandingham and Iain Pedden, propose international models for addressing …
Women's Legal History Symposium Introduction: Making History,
2012
IIT Chicago-Kent College of Law
Women's Legal History Symposium Introduction: Making History, Felice J. Batlan
All Faculty Scholarship
This essay introduces the Chicago-Kent Symposium on Women's Legal History: A Global Perspective. It seeks to situate the field of women's legal history and to explore what it means to begin writing a transnational women's history which transcends and at times disrupts the nation state. In doing so, it sets forth some of the fundamental premises of women's legal history and points to new ways of writing such histories.
Promises And Perils Of New Global Governance: A Case Of The G20 (With C. Kelly),
2012
IIT Chicago-Kent College of Law
Promises And Perils Of New Global Governance: A Case Of The G20 (With C. Kelly), Sungjoon Cho, Claire R. Kelly
All Faculty Scholarship
In the wake of the 2008 financial crisis, a new global governance structure emerged. During and subsequent to the crisis, the G20 arose as a coordinating executive among international governance institutions. It set policy agendas, prioritized initiatives and, working through the Financial Stability Board, drew other governance institutions and networks such as the International Monetary Fund, the Basel Committee on Banking Supervision, the Organization of Economic Cooperation and Development, the World Trade Organization, the International Association of Insurance Supervisors and the International Organization of Securities Commissions to set standards, monitor enforcement and compliance, and aid recovery. Its authority cross-cuts regimes …
The Internet At 20: Evolution Of A Constitution For Cyberspace,
2012
IIT Chicago-Kent College of Law
The Internet At 20: Evolution Of A Constitution For Cyberspace, Henry H. Perritt Jr.
All Faculty Scholarship
This Article looks back over the Internet’s first twenty years, highlighting the crucial legal decisions by the executive, legislative, and judicial branches that have led to the Internet’s success, and which now frame its constitution. I participated in many of these decisions and wrote more than a dozen law review articles and reports suggesting directions for public policy and law. This Article uses this foundation to consider the future, focusing on major legal controversies, the resolution of which will define the Internet’s third decade—either strengthening or undermining its constitution.
Vertical Dimensions In The Quality Of Law,
2012
IIT Chicago-Kent College of Law
Vertical Dimensions In The Quality Of Law, Bartram Brown
All Faculty Scholarship
No abstract provided.
Immigration And National Security Law: Converging Approaches To State Power, Individual Rights, And Judicial Review,
2012
Nova Southeastern University
Immigration And National Security Law: Converging Approaches To State Power, Individual Rights, And Judicial Review, J. Hafetz
ILSA Journal of International & Comparative Law
Since the September 11, 2001 terrorist attacks, national security law has exploded as a field of study.
Disasters And Land Use Law: The Spanish Case In The European Union Legal Framework,
2012
Nova Southeastern University
Disasters And Land Use Law: The Spanish Case In The European Union Legal Framework, Julio Ponce
ILSA Journal of International & Comparative Law
Natural and man-made disasters are a major European worry, due to their increasing frequency and severity, as well as their impact on human life, destruction of economic and social infrastructures, and damage to the environment.
Is News Of "Sovereignty's Death" Exaggerated?,
2012
Nova Southeastern University
Is News Of "Sovereignty's Death" Exaggerated?, Itzchak Kornfeld
ILSA Journal of International & Comparative Law
Whether sovereignty is alive or dead may not be the appropriate question.
State And Local Regulation Of Immigration: The Need For A Bilateral (Reciprocal) Ratchet,
2012
Nova Southeastern University
State And Local Regulation Of Immigration: The Need For A Bilateral (Reciprocal) Ratchet, David P. Weber
ILSA Journal of International & Comparative Law
The issue of federal preemption in the field of immigration has been swirling more and more strongly in academia, the courts, and even the public consciousness' ever since De Canas v. Bica was decided in 1976.
The Anti-Shari'a Movement And Oklahoma's Save Our State Amendment-Unconstitutional Discrimination Or Homeland Security?,
2012
Nova Southeastern University
The Anti-Shari'a Movement And Oklahoma's Save Our State Amendment-Unconstitutional Discrimination Or Homeland Security?, Robert E. Michael
ILSA Journal of International & Comparative Law
Legislation by statute or state constitutional amendment prohibiting the application in state courts of an ill defined "Shariah Law" and/or "international law" has passed or is in the process in over twenty states.'
Expansive Reach-Useless Guidance: An Introduction To The U.K. Bribery Act 2010,
2012
Nova Southeastern University
Expansive Reach-Useless Guidance: An Introduction To The U.K. Bribery Act 2010, Bruce W. Bean, Emma H. Macguidwin
ILSA Journal of International & Comparative Law
Following two decades of incessant pressure from American diplomats, in 1997, the international Organization for Economic Cooperation and Development (OECD) completed negotiation of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions.
The Treaty Of Lisbon And Accession Of The European Union To The European Convention On Human Rights,
2012
Nova Southeastern University
The Treaty Of Lisbon And Accession Of The European Union To The European Convention On Human Rights, Elizabeth F. Defeis
ILSA Journal of International & Comparative Law
The Treaty of Lisbon, adopted in December 2009, constitutes a major step in the development of the protection of Human Rights in Europe.
Who's Missing? Women With Disabilities In U.N. Security Council Resolution 1325 National Action Plans,
2012
Nova Southeastern University
Who's Missing? Women With Disabilities In U.N. Security Council Resolution 1325 National Action Plans, Stephanie Ortoleva, Esq.
ILSA Journal of International & Comparative Law
Despite progress made through a series of United Nations Security Council Resolutions (UNSCR), beginning with the groundbreaking UNSCR 1325 in 2000,' to give women a place at the table in post-conflict peace building and reconciliation, women with disabilities are missing and ignored and have not had a role in these processes.
Responsibilty To Protect (R 2p) Comes Of Age? A Sceptic's View,
2012
Nova Southeastern University
Responsibilty To Protect (R 2p) Comes Of Age? A Sceptic's View, John F. Murphy
ILSA Journal of International & Comparative Law
As a young attorney in the Office of the Legal Adviser of the United States (U.S.) Department of State during the 1960s, I had the privilege and the pleasure of working with Don McHenry, then a young foreign service reserve officer and later U.S. Ambassador and Permanent Representative to the United Nations (U.N.).
Mr. Ban-Tear Down The U.N'S Wall Of Immunity/Impunity (Before A National Court Does)!!,
2012
Nova Southeastern University
Mr. Ban-Tear Down The U.N'S Wall Of Immunity/Impunity (Before A National Court Does)!!, Great L. Rios, Edward P. Flaherty
ILSA Journal of International & Comparative Law
Immunity has been proven to be not only a living anachronism, but one which often leads to impunity for the worst kinds of rights violations.
Moudawan And Women's Rights In Morocco: Balancing National And International Law,
2012
Nova Southeastern University
Moudawan And Women's Rights In Morocco: Balancing National And International Law, Leila Hanafi
ILSA Journal of International & Comparative Law
Morocco's 2004 Moudawana (family code) is undoubtedly a progressive piece of legislation for women in Morocco.
Transnational Surrpgacy And International Human Rights Law,
2012
Nova Southeastern University
Transnational Surrpgacy And International Human Rights Law, Barbara Stark
ILSA Journal of International & Comparative Law
Surrogacy refers to the process through which a woman intentionally becomes pregnant with a baby that she does not intend to keep.
Rule Of Law In Morocco: A Journey Towards A Better Judiciary Through The Implementation Of The 2011 Constitutional Reforms,
2012
Nova Southeastern University
Rule Of Law In Morocco: A Journey Towards A Better Judiciary Through The Implementation Of The 2011 Constitutional Reforms, Norman L. Greene
ILSA Journal of International & Comparative Law
Judicial reform has historically been an important (but not the sole) component of rule of law reform, a decades old movement affecting the developing world, emerging (or not so emerging) democracies and post- conflict nations, and equally applicable to countries commonly identified as Western, including the United States.
