Litigating The Arab-Israeli Conflict In U.S. Courts: Critiquing The Lawfare Critique, 2010 California Western School of Law
Litigating The Arab-Israeli Conflict In U.S. Courts: Critiquing The Lawfare Critique, William J. Aceves
Faculty Scholarship
The lawfare critique offers a provocative challenge to the use of law and legal process in the context of the Arab-Israeli conflict. It has been used to question the legitimacy of numerous lawsuits filed by individuals harmed in the conflict. The lawfare critique is misguided, however, because it fails to recognize that the purpose of any legal system is to offer a viable alternative to the use of force. In addition, the lawfare critique runs counter to the right to a remedy, a firmly established principle of international law. Legal fora should remain accessible to victims, who should have the …
The Complicated Relationship: A Snapshot Of The U.S.-Mexico Border, 2010 California Western School of Law
The Complicated Relationship: A Snapshot Of The U.S.-Mexico Border, James Cooper
Faculty Scholarship
This report will detail some of the major issues concerning the U.S.-Mexico border and the interconnected nature of the problems. It first examines the violence between narcotraficantes, that which has resulted in the crackdown against them by the Mexican Government through mobilization of the military. The resulting violence and kidnappings have brought about minimal confidence in civilian authorities, the administration of justice, and democratic governance. This report discusses the resulting public insecurity that has afflicted Mexico in the last few years. This report explores the economic contours along the U.S. border, and the reactions of the U.S. Government to what …
Book Review: The Sword And The Scales: The United States And International Courts And Tribunals, 2010 University of Baltimore School of Law
Book Review: The Sword And The Scales: The United States And International Courts And Tribunals, Nienke Grossman
All Faculty Scholarship
This is a book review of "The Sword and the Scales: The United States and International Courts and Tribunals," edited by Cesare P. R. Romano (Cambridge Univ. Press, 2010). The book provides in-depth analysis of the relationship between the United States and various of the world's most important international courts and tribunals. The review was written for a forthcoming issue of Climate Law.
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
Success Or Failure?, 2010 Elisabeth Haub School of Law at Pace University
Success Or Failure?, Richard L. Ottinger
Elisabeth Haub School of Law Faculty Publications
The Copenhagen Climate Conference and its Copenhagen Accord have generally been billed by the press as having been a failure. I think this is a very unfortunate mischaracterisation. The conference was a failure only in not achieving binding commitments to reduce global greenhouse gas (GHG) emission levels sufficiently to meet the requirements identified by the some 3,000 leading global scientists of the UN International Panel on Climate Change (IPCC) to avoid disastrous consequences – such as sea-level rise leading to massive migration, food disruption, water shortages, tropical disease migration, biodiversity destruction, etc. But the conference didn’t expect that this could …
Climate Change Consensus: Emerging International Law, 2010 Pace Law School
Climate Change Consensus: Emerging International Law, Elizabeth Burleson
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Conceptualizing The Home State Duty To Protect Human Rights, 2010 Dalhousie University Schulich School of Law
Conceptualizing The Home State Duty To Protect Human Rights, Sara Seck
Articles, Book Chapters, & Popular Press
The Special Representative to the UN Secretary-General on Business and Human Rights (SRSG) has identified the State duty to protect against human rights abuses by non-State actors, including business, as one of the fundamental pillars of the Framework for Business and Human Rights [Framework].1 The Framework “rests on differentiated but complementary responsibilities”, and is comprised of three “core principles”: the State duty to protect, the corporate responsibility to respect human rights, and the need for more effective access to remedies.2 However, the jurisdictional scope of the State duty to protect is disputed. According to the SRSG, international law provides that …
Book Review: The International Criminal Court: A Commentary On The Rome Statute By William Schabas, Oxford: Oxford University Press, 2010, 2010 Dalhousie University Schulich School of Law
Book Review: The International Criminal Court: A Commentary On The Rome Statute By William Schabas, Oxford: Oxford University Press, 2010, Robert Currie
Articles, Book Chapters, & Popular Press
"A Commentary on the Rome Statute" by William Schabas is a giant of a work by a giant in the field. This review examines the breadth and scope of one of the most important works in the field, concluding that the book is not just an excellent resource but an indispensable one for anyone working in or following the field of international criminal justice.
The Legacy Of The Climate Talks In Copenhagen: Hopenhagen Or Brokenhagen?, 2010 Dalhousie University Schulich School of Law
The Legacy Of The Climate Talks In Copenhagen: Hopenhagen Or Brokenhagen?, Meinhard Doelle
Articles, Book Chapters, & Popular Press
This article explores the implications of the Copenhagen climate talks in December 2009 for the future of the international climate change regime.
Early Experience With The Kyoto Compliance System: Possible Lessons For Mea Compliance System Design, 2010 Dalhousie University Schulich School of Law
Early Experience With The Kyoto Compliance System: Possible Lessons For Mea Compliance System Design, Meinhard Doelle, Meinhard Doelle
Articles, Book Chapters, & Popular Press
Regardless of the future of the Kyoto compliance system, much of its work will continue to be important both for the climate change regime and for other MEAs. While it is impossible to make accurate predictions about the substance of the climate change regime after 2012, it is nevertheless important to reflect on the experience with the Kyoto compliance system to date for MEA compliance generally. Adjustments to the Kyoto compliance system necessitated by post 2012 changes to the substantive obligations can, of course, only be considered once those changes are known. The central question posed in this article is …
Tax Fraud In The Sales Tax: Zappers -- What Are They? How Can Puerto Rico Block Them?, 2010 Boston University School of Law
Tax Fraud In The Sales Tax: Zappers -- What Are They? How Can Puerto Rico Block Them?, Richard Thompson Ainsworth
Faculty Scholarship
The Sales and Use Tax is an essential part of Puerto Rico’s revenue profile. Effective only recently (November 15, 2006) the Impuesto a las Ventas y Uso (IVU) was expected to raise between $2.3 and $1.05 billion annually, and has already become the Commonwealth’s fourth largest revenue source. Actual revenue results for 2007-2008 came in at $1.1 billion, which admittedly is closer to the low end than the high end of what is possible, but now that the tax is in place the next pressing question is how can its performance be improved?
This paper generally proposes that Puerto Rico …
Sovereignty, Integration, And Tax Avoidance In The European Union: Striking The Proper Balance, 2010 Boston University School of Law
Sovereignty, Integration, And Tax Avoidance In The European Union: Striking The Proper Balance, Lilian Faulhaber
Faculty Scholarship
As the need to raise revenue becomes more pressing and public opposition to tax avoidance increases, the European Court of Justice has made it more difficult for the twenty-seven Member States of the European Union to prevent tax avoidance and shape fiscal policy. This article introduces the new anti-avoidance doctrine of the European Court of Justice and analyzes it from the perspective of taxpayers, Member States and the European Union legal order as a whole. This doctrine is problematic becasue it has created a legislative vacuum in Europe. No European Union institution has the authority to regulate direct taxation without …
The President's Unconstitutional Treatymaking, 2010 BYU Law
The President's Unconstitutional Treatymaking, David H. Moore
Faculty Scholarship
The President of the United States frequently signs international agreements but postpones ratification pending Senate consent. Under international law, a state that signs a treaty subject to later ratification must avoid acts that would defeat the treaty's object and purpose until the nation clearly communicates its intent not to join. As a result, the President in signing assumes interim treaty obligations before the treatymaking process is complete. Despite the pervasiveness of this practice, scholars have neglected the question of its constitutionality. As this Article demonstrates, the practice is unconstitutional. Neither the text, structure, nor history of the Constitution supports the …
Loving Humanity While Accepting Real People: A Critique And A Cautious Affirmation, 2009 Boston College Law School
Loving Humanity While Accepting Real People: A Critique And A Cautious Affirmation, Daniel Kanstroom, David Hollenbach
Daniel Kanstroom
No abstract provided.
The Anthropocene, Autopoiesis And The Disingenuousness Of The Genuine Link: Addressing Enforcement Gaps In The Legal Regime For Areas Beyond National Jurisdiction, 2009 Lund University
The Anthropocene, Autopoiesis And The Disingenuousness Of The Genuine Link: Addressing Enforcement Gaps In The Legal Regime For Areas Beyond National Jurisdiction, Rosemary Rayfuse
Rosemary Rayfuse
No abstract provided.
International Legal Developments In Review: Family Law, 2009 University of Oklahoma Norman Campus
International Legal Developments In Review: Family Law, Robert Spector, Brad Lechman-Su
Robert G. Spector
No abstract provided.
Perspectives On Fundamental Rights In South Asia, 2009 Drexel University School of Law; University of California, Berkeley, School of Law
Perspectives On Fundamental Rights In South Asia, Anil Kalhan
Anil Kalhan
This symposium issue of the Drexel Law Review marks the anticipated launch of a proposed new section on Law and South Asian Studies of the Association of American Law Schools, including several contributions that were initially presented during a session of the proposed section at AALS Annual Meeting for 2010. The proposed AALS section comes at a moment of heightened interest in the region among lawyers, policymakers, and the public at large in the United States, and is part of a rapidly growing constellation of scholarly initiatives on law in South Asia that have emerged internationally in recent years. In …
Economic Harm As A Basis For Refugee Status And The Application Of Human Rights Law To The Interpretation Of Economic Persecution, 2009 Berkeley Law
Economic Harm As A Basis For Refugee Status And The Application Of Human Rights Law To The Interpretation Of Economic Persecution, Kate Jastram
Kate Jastram
No abstract provided.
Collective Discursive Democracy And International Law Personality For Transnational Enterprises, 2009 Washington and Lee University School of Law
Collective Discursive Democracy And International Law Personality For Transnational Enterprises, Russell Miller
Russell A. Miller
No abstract provided.
Nuclear Containment For The Twenty-First Century; A Mandatory Nuclear Forensics Data Bank, 2009 University of San Francisco
Nuclear Containment For The Twenty-First Century; A Mandatory Nuclear Forensics Data Bank, Jack Garvey
Jack I Garvey
This article is a response to the challenge of nuclear non-proliferation for the 21st century. It describes the new landscape of nuclear risk and explains the role that the extraordinary developments in nuclear forensics science can play in generating an expansive deterrence to improve nuclear security by governments, and diminish the nuclear risk presented by terrorists and other non-state actors. Exploring the potential of nuclear forensics science, it provides the analysis to understand why that potential is not being realized. The article then proposes, as a practical and achievable foundation for a new and expansive deterrence, the establishment of an …