Economic Development And The Problem With The Problem-Solving Approach,
2012
University of Colorado Law School
Economic Development And The Problem With The Problem-Solving Approach, Justin Deystone
Publications
Scholars and practitioners alike have recently pointed to the idea of a "new moment" in the field of law and economic development, as well as a hope for a fruitful rethinking of political economy. The idea is that we have passed out of the period of high "neoliberalism," associated at one time with Reagan, Thatcher, and the so-called Washington Consensus and now eclipsed by the ascendance of the Obama Administration. The hope attending the new consensus is that, in the wake of neoliberal law and policy, the field of law and development might be on the verge of a new …
Following A Sigmoid Progression: Some Jurisprudential And Pragmatic Considerations Regarding Territorial Acquisition Among Nation-States,
2012
Florida A&M University College of Law
Following A Sigmoid Progression: Some Jurisprudential And Pragmatic Considerations Regarding Territorial Acquisition Among Nation-States, John C. Duncan, Jr.
Journal Publications
This article analyzes methods and doctrines used by States to acquire territories. The role of the United Nations in resolving disputes between nations and the inhabitants directly affected by the disputes is also addressed, including the jurisdictional, jurisprudential, and practical considerations of territorial acquisition. Finally, traditional territorial acquisition doctrines are applied to extraterrestrial and outer space acquisition. As Western civilization etched out territories and borders across its known world, international norms of diplomatic behavior appeared in the form of customs. These customs eventually grew into codifications, which in turn grew into the elaborate international system enjoyed and protested today. Laws …
Reimagining International Water Law,
2012
University of Maryland Francis King Carey School of Law
Reimagining International Water Law, Tim Stephens
Maryland Law Review Online
No abstract provided.
Jailing The Johns: The Issue Of Demand In Sex Trafficking,
2012
FAMU College of Law
Jailing The Johns: The Issue Of Demand In Sex Trafficking, Cheryl Page
Journal Publications
Slavery is an institution that many people believe no longer exists. Slavery has not ended and there are millions of innocent victims caught in this system. This is not the slavery that was fought over in the U.S. Civil War. This form of slavery is not very different from colonial slavery-innocent people caught and trapped in this web of sex for service. Today, this form of slavery is better known as human trafficking. This is a brutal, heinous, and damaging situation that many women and children find themselves in as unwilling participants.' Most victims have little to no hope of …
The Constitutionality Of The Niqab Ban In Egypt: A Symbol Of Egypt’S Struggle For A Legal Identity,
2012
New York Law School
The Constitutionality Of The Niqab Ban In Egypt: A Symbol Of Egypt’S Struggle For A Legal Identity, Luna Droubi
NYLS Law Review
No abstract provided.
Efficiency In Bello And Ad Bellum: Making The Use Of Force Too Easy?,
2012
American University, Washington College of Law
Efficiency In Bello And Ad Bellum: Making The Use Of Force Too Easy?, Kenneth Anderson
Contributions to Books
This article criticizes a widely asserted claim that drones make the resort to force and violence — war — “too easy.” Attractive on the surface to many, this article says that “too easy” is not a coherent notion as applied in war. The “too easy” argument comes in two forms, a moral argument and a maximization of social welfare argument. The maximization of social welfare version (on which the article focuses) frames “too easy” as a matter of creating an “inefficient” level of disincentive to use of force on account of insufficient risks to one’s own forces in so doing …
The End Of 'Modes Of Liability' For International Crimes,
2012
Allard School of Law at the University of British Columbia
The End Of 'Modes Of Liability' For International Crimes, James G. Stewart
All Faculty Publications
Modes of liability, such as ordering, instigation, superior responsibility and joint criminal liability, are arguably the most discussed topics in modern international criminal justice. In recent years, a wide range of scholars have rebuked some of these modes of liability for compromising basic concepts in liberal notions of blame attribution, thereby reducing international defendants to mere instruments for the promotion of wider socio-political objectives. Critics attribute this willingness to depart from orthodox concepts of criminal responsibility to international forces, be they interpretative styles typical of human rights or aspirations associated with transitional justice. Strangely, however, complicity has avoided these criticisms …
Cyberwar And International Law: An English School Perspective,
2012
University of South Florida
Cyberwar And International Law: An English School Perspective, Anthony F. Sinopoli
USF Tampa Graduate Theses and Dissertations
Cyberwar challenges future endeavors of state security. As technological capability has improved, and access to information has become more widespread the importance of the issue in today's ever-globalizing world grows each day. A primary objective is to evaluate the place of cyber-warfare against nation-states and any repercussions under an international law paradigm. Utilizing an English School perspective, emphasis will be applied to the argument that disruptive circumstances could come to fruition if international conventions are not created to bring consensus and order among nation-states on this subject. This study hypothesizes that a future application could be an agreement under international …
Child Soldiers And Clicktivism: Justice, Myths, And Prevention,
2012
Washington and Lee University School of Law
Child Soldiers And Clicktivism: Justice, Myths, And Prevention, Mark A. Drumbl
Scholarly Articles
The Kony 2012 campaign, conducted under the auspices of an American advocacy group, Invisible Children, highlighted – somewhat belatedly – the Lord’s Resistance Army (LRA), its leadership, and its many victims in northern Uganda, notably child soldiers. Deeper questions lurk, however, amid the breezy media flurry. How does Kony 2012 inform our understanding of child soldiers? How does it sculpt international efforts to prevent child soldiering?
"There Is A World Elsewhere": Preliminary Studies On Alternatives To Interest-Based Bargaining,
2012
Yeshiva University, Cardozo School of Law
"There Is A World Elsewhere": Preliminary Studies On Alternatives To Interest-Based Bargaining, F. Peter Phillips
Cardozo Journal of Conflict Resolution
We live in an Age of Reason, which our predecessors were pleased to call an Age of Enlightenment. The laws of physics and molecular chemistry, not the appearance of angels to shepherds, define our social expectations. In economics and in politics, we accept the guidance of a collective rationale, an Invisible Hand that, if it doesn't predict, nevertheless records the aggregate of decisions made by millions of social actors, each expressing not the general welfare but their individual self-interest.
Global Public Goods, Governance Risk, And International Energy,
2012
University of Georgia School of Law
Global Public Goods, Governance Risk, And International Energy, Timothy L. Meyer
Scholarly Works
Scholars and commentators have long argued that issue linkages provide a way to increase cooperation on global public goods by increasing participation in global institutions, building consensus, and deterring free-riding. In this symposium article, I argue that the emphasis on the potential of issue linkages to facilitate cooperation in these ways has caused commentators to underestimate how common features of international legal institutions designed to accomplish these aims can actually undermine those institutions’ ability to facilitate cooperation. I focus on two features of institutional design that are intended to encourage participation in public goods institutions but can create the risk …
International Investments Arbitration: Winning, Losing And Why,
2012
American University Washington College of Law
International Investments Arbitration: Winning, Losing And Why, Susan D. Franck
Contributions to Books
In late 2008, as financial markets were crashing, the Vale Columbia Center on Sustainable International Investment launched the Columbia FDI Perspectives. The first Perspective, entitled “The FDI recession has begun,” correctly forecast an FDI recession in the following year. From that first Perspective in late 2008 to the end of 2010, the series published thirty-three concise notes on topical FDI-related issues by diverse experts in the field. The purpose of these Perspectives is to inform readers about some of the important issues and trends in the contemporary debate on FDI, and to promote a wide-ranging discussion about the policy implications …
Painting Ourselves Into A Corner: The Fundamental Paradoxes Of Modern Warfare In Al Maqaleh V. Gates,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Painting Ourselves Into A Corner: The Fundamental Paradoxes Of Modern Warfare In Al Maqaleh V. Gates, Ashley C. Nikkel
Nevada Law Journal
See how few of the cases of the suspension of the habeas corpus law, have been worthy of that suspension. They have been either real treason, wherein the parties might as well have been charged at once, or sham plots, where it was shameful they should ever have been suspected. Yet for the few cases wherein the suspension of the habeas corpus has done real good, that operation is now become habitual and the minds of the nation almost prepared to live under its constant suspension.
Measuring, Monitoring, Reporting, And Verifying (Mmrv): Negotiating Trust In Transnational Contracts For Redd,,
2012
UC Hastings College of the Law
Measuring, Monitoring, Reporting, And Verifying (Mmrv): Negotiating Trust In Transnational Contracts For Redd,, David Takacs
Faculty Scholarship
No abstract provided.
Optimizing Liability For Extraterritorial Torts: A Response To Professor Sykes,
2012
UC Hastings College of the Law
Optimizing Liability For Extraterritorial Torts: A Response To Professor Sykes, Chimène Keitner
Faculty Scholarship
No abstract provided.
Constitutional Transformation In The Ecthr: Strasbourg’S Expansive Recourse To External Rules Of International Law,
2012
Brooklyn Law School
Constitutional Transformation In The Ecthr: Strasbourg’S Expansive Recourse To External Rules Of International Law, Julian Arato
Faculty Scholarship
No abstract provided.
Dynamics Of Healthcare Reform: Bitter Pills Old And New,
2012
Vanderbilt University Law School
Dynamics Of Healthcare Reform: Bitter Pills Old And New, Christopher N.J. Roberts
Vanderbilt Journal of Transnational Law
The United States is at a crossroads--albeit one it has visited several times before. Although the Supreme Court has ruled upon the constitutionality of the Patient Protection and Affordable Care Act, the polarizing controversy surrounding national healthcare that began several generations ago is likely to continue into the foreseeable future. In this latest round of national debates, the issue of healthcare has been framed exclusively as a domestic issue. But history shows that the question of national healthcare in the United States has also been an extremely important issue for international law and international politics. To shed light on the …
Bringing Nuremberg Home: Justice Jackson's Path Back To Buffalo, October 4, 1946,
2012
St. John's University School of Law
Bringing Nuremberg Home: Justice Jackson's Path Back To Buffalo, October 4, 1946, John Q. Barrett
Faculty Publications
During one permanently consequential decade in the history of the United States and the world, United States Supreme Court Justice Robert H. Jackson delivered three major lectures at the University of Buffalo. The last of these was Jackson's May 9, 1951, James McCormick Mitchell Lecture, "Wartime Security and Liberty under Law," which inaugurated this distinguished lecture series. Justice Jackson's first formal lecture at the University of Buffalo occurred on February 23, 1942, halfway through his first year as a Supreme Court Justice and just twelve weeks after the attack on Pearl Harbor brought the United States into World War II. …
Overcoming Our Global Disability In The Workforce: Mediating The Dream,
2012
St. John's University School of Law
Overcoming Our Global Disability In The Workforce: Mediating The Dream, Elayne E. Greenberg
Faculty Publications
The unparalleled global support for the 2008 United Nations Convention on the Rights of Persons with Disabilities ("CRPD") highlights the global schism between the public extolling of human rights for individuals with disabilities and the private castigating of such individuals in their daily lives and in the workforce. The CRPD explicitly mandates that work is a right accorded to individuals with disabilities, and global employers are now being challenged to implement that right. Yet, in order to ensure meaningful, universal compliance with its directives, the CRPD imposes affirmative duties on Supporting States to develop a customized, workable plan that effectively …
Get The Balance Right!: Squaring Access With Patent Protection,
2012
University of Richmond
Get The Balance Right!: Squaring Access With Patent Protection, Kristen Jakobsen Osenga
Law Faculty Publications
Professor Osenga discusses the tensions between the interests of patent holders and patients worldwide in need of pharmaceutical treatments. Explaining the combination of exclusive patent and compulsory license approaches that govern access to intellectual property by statute and treaty, she urges that a carefully conceived balancing of these approaches will best serve both interests.
