Free Speech, Terrorism, And European Security: Defining And Defending The Political Community,
2010
Indiana University Law School, Indianapolis
Free Speech, Terrorism, And European Security: Defining And Defending The Political Community, Shawn Marie Boyne
Pace Law Review
No abstract provided.
Implementing The Standby Letter For Credit Convention With The Law Of Wyoming,
2010
University of Michigan Law School
Implementing The Standby Letter For Credit Convention With The Law Of Wyoming, James J. White
Articles
For the first time in American practice, we propose to implement a convention by a federal adoption of law previously enacted by the states – from Wyoming to New York – to implement the Convention on Independent Guarantees and Standby Letters of Credit (“Convention”).1
Table Of Contents - Issue 2,
2010
University of South Carolina
Table Of Contents - Issue 2
South Carolina Journal of International Law and Business
No abstract provided.
Why Congress Should Expand The Subject Matter Jurisdiction Of The United States Court Of International Trade,
2010
University of South Carolina
Why Congress Should Expand The Subject Matter Jurisdiction Of The United States Court Of International Trade, Devin S. Sikes
South Carolina Journal of International Law and Business
No abstract provided.
Corporate Misbehavior & International Law: Are There Alternatives To Complicity,
2010
University of South Carolina
Corporate Misbehavior & International Law: Are There Alternatives To Complicity, Miriam Mafessanti
South Carolina Journal of International Law and Business
No abstract provided.
H-1b Visa Legislation: Legal Deficiencies And The Need For Reform,
2010
University of South Carolina
H-1b Visa Legislation: Legal Deficiencies And The Need For Reform, Alaina M. Beach
South Carolina Journal of International Law and Business
No abstract provided.
Thinly Veiled: Institutional Messages In The Language Of Secularism In Public Schools In France And The United States,
2010
University of South Carolina
Thinly Veiled: Institutional Messages In The Language Of Secularism In Public Schools In France And The United States, R. Vance Eaton
South Carolina Journal of International Law and Business
No abstract provided.
Judicial Terrorism - Analysis Of The Exxon/Venezuela Litigation And Prejudgment Attachment Under The Foreign Sovereign Immunities Act,
2010
University of South Carolina
Judicial Terrorism - Analysis Of The Exxon/Venezuela Litigation And Prejudgment Attachment Under The Foreign Sovereign Immunities Act, Matthew Nickles
South Carolina Journal of International Law and Business
No abstract provided.
Table Of Contents - Issue 1,
2010
University of South Carolina
Table Of Contents - Issue 1
South Carolina Journal of International Law and Business
No abstract provided.
Entrepreneurship And Innovation: The Hidden Costs Of Corporate Governance In Europe,
2010
University of South Carolina
Entrepreneurship And Innovation: The Hidden Costs Of Corporate Governance In Europe, Jose Miguel Mendoza, Christoph Van Der Elst, Erik P. M. Vermeulen
South Carolina Journal of International Law and Business
No abstract provided.
Unintended Consequences: Sarbanes-Oxley And Its Progeny,
2010
University of South Carolina
Unintended Consequences: Sarbanes-Oxley And Its Progeny, Robert E. Freer Jr., Raymond W. Burroughs
South Carolina Journal of International Law and Business
No abstract provided.
The Cure Causes New Symptoms: Capital Control Effects Of Tax Enforcement, Gold Regulation, And Retirement Reform,
2010
University of South Carolina
The Cure Causes New Symptoms: Capital Control Effects Of Tax Enforcement, Gold Regulation, And Retirement Reform, Beckett G. Cantley
South Carolina Journal of International Law and Business
No abstract provided.
Eagle Versus Phoenix: A Tale Of Federalism,
2010
University of South Carolina
Eagle Versus Phoenix: A Tale Of Federalism, Samuel L. Johnson
South Carolina Journal of International Law and Business
No abstract provided.
The Ifc's New Africa, Latin America, And Caribbean Fund: Its Worrisome Start, And How To Fix It,
2010
Indiana University Maurer School of Law
The Ifc's New Africa, Latin America, And Caribbean Fund: Its Worrisome Start, And How To Fix It, Christiana Ochoa, Patrick J. Keenan
Articles by Maurer Faculty
In April 2010 the International Finance Corporation announced the creation of the African, Latin American, and Caribbean fund, a new co-investment vehicle funded largely with commitments from sovereign wealth and pension funds. The fund's objective was to draw on the IFC and the World Bank's strengths in emerging markets to identify and support enterprises that might not otherwise have come to the attention of large investors and thereby help strengthen the private sector and alleviate poverty in some of the world's poorest countries. Unfortunately the fund has, so far, proven a disappointment. It has invested only in large corporations that …
Disintegrating Customary International Law: Reactions To Withdrawing From International Custom,
2010
Indiana University Maurer School of Law
Disintegrating Customary International Law: Reactions To Withdrawing From International Custom, Christiana Ochoa
Articles by Maurer Faculty
Withdrawing from International Custom, a recent article by Curtis Bradley and Mitu Gulati, has sparked interest and debate. Bradley and Gulati’s article, develops with significant nuance and detail that, naturally, can be best understood by a careful reading of their work. In essence, it proposes a modification in customary international law (CIL) doctrine – a change that would permit states to unilaterally exit from existing customary international law. This Essay will act as a brief reflection on that article. In Part I, it will explore the analogies Withdrawing makes between CIL and contract and will argue, first that CIL and …
A Bittersweet Heritage: Learning From The Making Of South African Legal Culture,
2010
New York Law School
A Bittersweet Heritage: Learning From The Making Of South African Legal Culture, Stephen Ellmann
Articles & Chapters
This essay responds to Martin Chanock's argument that race tainted the entire enterprise of South African judging. It seeks to understand how that could have been so, and looks to such driving forces as whites' guilt, denial, identity-building, self-protection, and legitimation for explanations. Then it asks whether an institution so tainted should now be altogether abandoned as part of the rebuilding of post-apartheid South Africa. The essay answers that much should be changed, but that the existence of a judiciary laying claim to a special expertise and responsibility in interpreting law and protecting rights a key heritage of the old …
Constitution, Human Rights And Republic: A Necessary Dialogue Between Gadamer's Philosophical Hermeneutics And Boaventura De Sousa Santos's Diatopic Heremeneutics,
2010
University of Nevada, Las Vegas -- William S. Boyd School of Law
Constitution, Human Rights And Republic: A Necessary Dialogue Between Gadamer's Philosophical Hermeneutics And Boaventura De Sousa Santos's Diatopic Heremeneutics, Jania Maria Lopes Saldanha, Jose Luis Bolzan De Morais
Nevada Law Journal
When we think about the concept of human rights—including all the possible ways of its realization, and considering the complementarities and also the unity of different dimensions of the concept—we confront several difficult questions. In particular, in an age when constitutions and constitutional doctrine have already incorporated a substantive body of human rights law, we must address how some of the constitutional promises regarding individual rights have not been fulfilled. Additionally, we must consider how rights that foster solidarity in the economic, social, and cultural spheres have not been recognized.
This article operates on two levels. On one level, we …
The Existential Subject Of Rights And Private Law: The Example Of The Indian Issue In Brazil,
2010
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Existential Subject Of Rights And Private Law: The Example Of The Indian Issue In Brazil, Jose Carlos Moreira Da Silva Filho
Nevada Law Journal
The issue of the juridical subject has been a topic of discussion as part of the rethinking of the classical jurisprudential concepts in Brazil. In particular, some authors have written about the “repersonalization of private law.” This has opened a promising path of inquiry regarding the legal subject for at least four major reasons. First, continental private law is the classical field to discuss the subject of rights. Second, the focus of private law remains the concept of the person, opening an important space to recover the moral philosophy in law. Third, the repersonalization of private law demonstrates the necessity …
The Veil That Covered France's Eye: The Right To Freedom Of Religion And Equal Treatment In Immigration And Naturalization Proceedings,
2010
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Veil That Covered France's Eye: The Right To Freedom Of Religion And Equal Treatment In Immigration And Naturalization Proceedings, Kendal Davis
Nevada Law Journal
In June 2008, France’s highest administrative court upheld a decision to deny citizenship to a Muslim woman because, essentially, she was ‘not French enough.’ This decision incited both praise and outrage in the international human rights arena regarding considerations such as the right to freedom of religion, gender equality, and citizenship.
This Note examines relevant French domestic law and international human rights instruments, and argues that while immigration and naturalization decisions remain an exercise of broad sovereign powers, the emerging human rights norm to be free from discrimination should apply in naturalization proceedings. Furthermore, despite judicial deference and flexibility to …
Enhancing Enforcement Of Economic, Social, And Cultural Rights Using Indicators: A Focus On The Right To Education In The Icescr,
2010
Cornell Law School
Enhancing Enforcement Of Economic, Social, And Cultural Rights Using Indicators: A Focus On The Right To Education In The Icescr, Sital Kalantry, Jocelyn E. Getgen, Steven A. Koh
Cornell Law Faculty Publications
Nearly fifteen years ago, Audrey Chapman emphasized the importance of ascertaining violations of the International Covenant on Economic, Social and Cultural Rights (ICESCR) as a means to enhance its enforcement. Today, this violations approach is even more salient given the recent adoption of the Optional Protocol to the ICESCR. This article focuses on the right to education in the ICESCR to illustrate how indicators can be employed to ascertain treaty compliance and violations. Indicators are important to enforcing economic, social, and cultural rights because they assist in measuring progressive realization. The methodology that we propose calls for: 1) analyzing the …
