[{"id": "iiclr-17370", "words": "16796", "extension": ".pdf", "flesch": "52", "author": "Bassiouni, M. Cherif", "title": "The Time Has Come for an International Criminal Court", "date": "1991", "keywords": "bassiouni; commission; committee; convention; court; crimes; criminal; doc; draft; establishment; int'l; international; judges; jurisdiction; law; nations; report; rev; state; statute; tribunal; u.n; united; war", "summary": "J. INT'L L. 79 (1985) (wherein the author re-examines Georg Schwarzenberger's query about the existence of international criminal law); Friedlander, 71e Foundations of International Criminal Law: A Present Day Inquiry, 15 CASE W. REs. Time Has Come for an International Criminal Court, The The Time Has Come for an International Criminal Court M. Chertf Bassiouni* Introduction The end of the Cold War presents an historic opportunity to advance the international rule of law by establishing an international criminal court to preserve peace, advance the protection of human rights and reduce international and transnational criminality.", "mime": "application/pdf"}, {"id": "iiclr-17371", "words": "10719", "extension": ".pdf", "flesch": "74", "author": "Chen, Frederick Tse-shyang", "title": "The Confucian View of World Order", "date": "1991", "keywords": "chinese; confucius; king; law; mencius; order; people; ruler; state; world", "summary": "Confucius not only went to a number of Chinese states, but at one time also contemplated going to where the nine wild tribes of the east resided. [Vol. 1: 45 WORLD ORDER the survival of many Chinese states hanged by a thread.", "mime": "application/pdf"}, {"id": "iiclr-17372", "words": "15346", "extension": ".pdf", "flesch": "61", "author": "Berner, Kenneth M.", "title": "The Proposed Export Facilitation Act of 1990: Striking a New Balance for United States Business While Safeguarding National Security by Providing High Technology to the Emerging Democracies of Eastern Europe", "date": "1991", "keywords": "act; administration; app; cocom; control; department; export; export administration; export bill; export controls; list; national; note; security; states; supra; technology; u.s; u.s.c; united", "summary": "First, a phenomenon known as foreign availability has been gradually eroding U.S. export controls. Section II is a summary of the history of U.S. export controls from 1949-1977 to illuminate the changing goals of the export system.", "mime": "application/pdf"}, {"id": "iiclr-17373", "words": "18597", "extension": ".pdf", "flesch": "53", "author": "Nagy, Sarah L.", "title": "Political Offense Exceptions to United States Extradition Policy: Aut Dedere Aut Judicare (Either Extradite or Prosecute)", "date": "1991", "keywords": "acts; ahmad; cir; court; exception; extradite; extradition; f.2d; law; note; offenders; offense; offense exception; policy; prosecution; supp; supra; u.s; united states", "summary": "political offense exception should continue to protect all political offen- ders against extradition, while arguing that violent political offenders should not, as an alternative, go free without punishment. Although most current ex- tradition treaties contain political offense exceptions, 29 extradition re- quests for political offenders are usually granted because United States courts are reluctant to inquire into the judicial policies of other nations.3 0 It is counter-intuitive to suggest that American courts should be denied the possibility of inquiring into another nation's judicial integrity, while 25.", "mime": "application/pdf"}, {"id": "iiclr-17374", "words": "9816", "extension": ".pdf", "flesch": "65", "author": "Winn, Judy", "title": "The Ancient Chinese Secret: A Comparative Analysis of Chinese & American Domestic Relations Mediation", "date": "1991", "keywords": "china; chinese; dispute; divorce; law; mediation; mediator; note; parties; people; states; supra; supra note; system; united", "summary": "5 This Note focuses on the potential use for Chinese mediation or con- ciliation practices in American family law. THE ROLE OF CONFUCIAN PHILOSOPHY IN CHINESE MEDIATION Confucianism, which dominated Chinese philosophy for millennia, is thought to be the source of Chinese mediation.'5", "mime": "application/pdf"}, {"id": "iiclr-17377", "words": "7369", "extension": ".pdf", "flesch": "56", "author": "Kuner, Christopher B.", "title": "Linguistic Equality in International Law: Miscommunication in the Gulf Crisis", "date": "1991", "keywords": "crisis; equality; international; language; law; nations; note; states; supra; supra note; united; use", "summary": "Taking these suggestions as a starting point for the progressive development of international law, States could begin to implement language practices which, over time, might crystallize into principles of customary international law. 83 Whatever specific means are chosen, one of the lessons of the Gulf Crisis is that current principles of international law relating to com- munication between States with different languages and cultures are insufficient to cope with the ever-increasing enthusiasm for the peaceful resolution of international disputes.", "mime": "application/pdf"}, {"id": "iiclr-17378", "words": "13013", "extension": ".pdf", "flesch": "65", "author": "Makdisi, John", "title": "Hard Cases and Human Judgment in Islamic and Common Law", "date": "1991", "keywords": "act; analogy; case; concept; islamic; judgment; kerr; koran; law; maslaha; necessity; note; reasoning; sources; supra; supra note", "summary": "Contrary to the common law system where judges who are responsible for the development of doctrine through case law are independent of the governing power, the Islamic jurists who developed doctrine had no formal authority of office except at the pleasure of the sovereign. The purpose of this discussion is to compare similar modes of legal reasoning in the common law with those in Islamic law.", "mime": "application/pdf"}, {"id": "iiclr-17379", "words": "13446", "extension": ".pdf", "flesch": "63", "author": "Quigley, John", "title": "Apartheid outside Africa: The Case of Israel", "date": "1991", "keywords": "africa; apartheid; arabs; convention; government; group; israel; j.n.f; jews; land; law; laws; national; note; palestine; palestinian; political; south; state; supra; supra note", "summary": "By statute, [t]he ownership of Israel lands, being the lands in Israel of the State, the Development Authority or the Keren Kayemet Le- Israel [J.N.F.], shall not be transferred either by sale or in any other manner. Apartheid Outside Africa: The Case of Israel Apartheid Outside Africa: The Case of Israel John Quigley* The term apartheid evokes South Africa, but systematic racial discrimination is not unique to that nation.", "mime": "application/pdf"}, {"id": "iiclr-17380", "words": "11616", "extension": ".pdf", "flesch": "58", "author": "Aust, Ronald K.", "title": "The Availability of Temporary Injunctive Relief for Protecting U.S. Intellectual Property Rights from Infringing Imports Under Section 337 of the Tariff Act of 1930", "date": "1991", "keywords": "bill; commission; court; exclusion; gatt; h.r; panel; patent; relief; section; states; trade; united; united states", "summary": "In Rosemount, Inc. v. United States International Trade Commission, and SMAR Equipment and SMAR International Corp., an ALJ determined that temporary relief was warranted in view of Rosemount's strong showing of [the] likelihood of success on the merits of its charge of infringement and the public policy in favor of protecting patent rights.80 Rosemount, Inc. v. United States International Trade Commission, and SMAR Equipment and SMAR International Corp., 910 F.2d 819, 820, 15 U.S.P.Q. 2d 1569 (Fed. Cir. 1990).", "mime": "application/pdf"}, {"id": "iiclr-17381", "words": "12477", "extension": ".pdf", "flesch": "66", "author": "Milligan, Suanne C.", "title": "Another Inning in Cuban-United States Relations: Capital Cities/ABC Inc. v. Brady", "date": "1991", "keywords": "abc; amendment; capital; cities; congress; court; cuba; executive; fiche; games; int'l; newsbank; policy; president; states; united; united states", "summary": "Id. Cuba has engaged in the training and arming of guerrillas and the deploying of tens of thousands of troops to prop up third world regimes friendly to the Soviet Union. Id. See Lee Hockstader, Preparing for Harder Times, Cuba Tries to Become More Self-Sufficient, WASH.", "mime": "application/pdf"}, {"id": "iiclr-17382", "words": "10008", "extension": ".pdf", "flesch": "68", "author": "Morrison, Susan M.", "title": "The Act of State Doctrine and the Demise of International Comity", "date": "1991", "keywords": "act; case; court; kirkpatrick; policy; sovereign; state doctrine; states; united; validity", "summary": "At issue in these cases was whether the act of state doctrine barred inquiry into the purpose or motivation of foreign acts of state, rather than the validity of such acts. It is the purpose of this note to examine the reasoning the Court used in W.S. Kirkpatrick & Co., Inc v. Environmental Tectonics Corp., International4 to reach its unanimous decision that the act of state doctrine only applies to foreclose United States courts from adjudicating oth- erwise valid claims when the validity of a foreign act of state must be examined.", "mime": "application/pdf"}, {"id": "iiclr-17444", "words": "19729", "extension": ".pdf", "flesch": "52", "author": "Zagaris, Bruce; Stepp, David R.", "title": "Criminal and Quasi-Criminal Customs Enforcement Among the U.S., Canada and Mexico", "date": "1992", "keywords": "act; canada; cooperation; crime; criminal; customs; customs act; customs enforcement; customs law; enforcement; goods; int'l; jurisdiction; law; merchandise; mexican; mexico; penal; penalty; person; sanctions; section; states; u.s; united", "summary": "U.S. Customs administrative penal law has been criticized for its failure to provide importers with due process in its administrative proceedings. Another dif- ference of administrative law in civil law systems is that the philosophical foundation of U.S. administrative law is not retributive; rather its purpose is to deliver government services to its citizens.", "mime": "application/pdf"}, {"id": "iiclr-17445", "words": "13112", "extension": ".pdf", "flesch": "48", "author": "Tanabe, Noboru", "title": "Japan's Investment Trust: A Vehicle of Savings for Tomorrow", "date": "1992", "keywords": "bond; bond investment; companies; financial; funds; income; investment trust; investors; japan; japanese; management; securities; securities investment; states; stock; stock investment; trusts; type; type investment; unit", "summary": "In Japan, there has been no taxation in principle at the fund level for the following reasons, even though any specific provision concerned is not clearly stipulated in tax laws: (1) Since investment trust funds are not regarded as independent taxable entities, interest and dividend incomes of these funds are exempted from withholding taxation The extension in 1977 of the Maruyu privilege, the basic tax exemption for small-lot savings accounts, to stock investment trust funds is said to have marked an epoch in the history of Japan's investment trust system.", "mime": "application/pdf"}, {"id": "iiclr-17446", "words": "6737", "extension": ".pdf", "flesch": "50", "author": "Wunsch, Gerald A.; Liu, Dingfa", "title": "Recent Chinese Tax Legislation Affecting Foreign Investment in China", "date": "1992", "keywords": "china; enterprises; income; income tax; investment; law; tax", "summary": "Income tax shall be reduced or exempted on the following income: (1) The profit derived by a foreign investor from an enterprise with foreign investment shall be exempted from income tax; 1992] IND. INT'L & COMP. Article 15: Income tax on enterprises and local income tax shall be computed on an annual basis and paid in advance in quarterly installments.", "mime": "application/pdf"}, {"id": "iiclr-17447", "words": "6234", "extension": ".pdf", "flesch": "65", "author": "Balmer, Gregory M.", "title": "Does the United States Need an Official Language?: The Examples of Belgium and Canada", "date": "1992", "keywords": "act; ann; belgium; english; language; note; official; rights; states; supra; united", "summary": "Still, Belgium's example should shed light on the need for rec- ognition of minority language rights in the United States. Both statutes have been used in determining the scope of language rights in employment.", "mime": "application/pdf"}, {"id": "iiclr-17448", "words": "9053", "extension": ".pdf", "flesch": "62", "author": "Crabill, Jeffrey V.", "title": "Taiwan Keeps Antitrust Torch Burning by Enacting Fair Trade Law", "date": "1992", "keywords": "antitrust; art; competition; d. art; economic; enterprises; ftl; government; law; market; provisions; supra note; taiwan; taiwanese; trade; u.s", "summary": "5I Taiwan also faces pressure to liberalize its economy because of an expected increase in competition from newly industrialized Southeast Asian countries.5 2 These international condi- tions have forced Taiwan to change its emphasis from exports and earning foreign exchange to liberalizing its economic system to match international standards. 2 This Note compares the FTL's antitrust provisions with similar U.S. provisions, and discusses the effects of FTL enforcement on Taiwanese businesses and Taiwan's trade relationships.", "mime": "application/pdf"}, {"id": "iiclr-17449", "words": "16750", "extension": ".pdf", "flesch": "52", "author": "Haake, Sabrina", "title": "Antitrust in the United States and European Community: Toward a Bilateral Agreement", "date": "1992", "keywords": "act; agreement; antitrust; article; commission; community; competition; department; eec; european; firms; foreign; international; jurisdiction; market; merger; note; regulation; states; supra; united states", "summary": "In contrast, the turnover thresholds provided in the EEC's guidelines were conceived as a way to allocate merger regulation jurisdiction between the authorities of the member states and the EEC Commission. D. Conclusion Because international mergers are common and likely to become more so, an understanding of where the two approaches agree and diverge is important not only to business operating in the international sphere but to negotiators embarking on a treaty that could dramatically change the way international mergers are conducted.", "mime": "application/pdf"}, {"id": "iiclr-17450", "words": "10196", "extension": ".pdf", "flesch": "64", "author": "Waterman, Lynn S.", "title": "Was the Stela \"Stolen\"?", "date": "1992", "keywords": "art; artifacts; convention; country; cultural; heritage; law; mexican; mexico; objects; origin; property; states; supra note; unesco; united", "summary": "31 The NSPA has been applied in two important U.S. court cases involving pre-Columbian cultural property imported into the United States. See supra notes 13-74 and accompanying text for a discussion on the current state of the law in the U.S. and Mexico regarding pre-Columbian cultural property. 123.", "mime": "application/pdf"}, {"id": "iiclr-17451", "words": "745", "extension": ".pdf", "flesch": "55", "author": "Turack, Daniel C.", "title": "From Helsinki to Vienna: Basic Documents of the Helsinki Proces", "date": "1992", "keywords": "csce; helsinki", "summary": "First, Dr. Bloed, who is a Senior Lecturer of the Law of International Organizations at the Europa Institute, University of Utrecht, and General Secretary of the Neth- erlands Helsinki Committee, provides an excellent concise overview of the Helsinki process from its genesis to the end of the Vienna CSCE Follow-Up Conference. Dr. Bloed's essay and relevant documents admirably assist the reader to comprehend what has transpired in order to follow the future of the CSCE.", "mime": "application/pdf"}, {"id": "iiclr-17455", "words": "20011", "extension": ".pdf", "flesch": "62", "author": "Saunders, Kevin W.", "title": "The United States and Canadian Responses to the Feminist Attack on Pornography: A Perspective from the History of Obscenity", "date": "1998", "keywords": "animals; concern; court; era; history; humans; ind; law; material; nature; note; obscenity; ordinance; perspective; pornography; religion; rev; sexual; speech; states; statute; supra; supra note; women; work", "summary": "The discussion returns to the tie between obscenity and degradation after examining the relationship between obscenity and religion and the development of sexual obscenity law. It will be suggested that degradation, religion, and sex tie together to provide an explanation for the development of sexual obscenity law.", "mime": "application/pdf"}, {"id": "iiclr-17456", "words": "7685", "extension": ".pdf", "flesch": "55", "author": "Thusing, Gregor", "title": "Recent Developments in German Labor Law: Freedom of Association, Industrial Action, and Collective Bargaining", "date": "1998", "keywords": "act; agreement; association; court; employees; employer; employment; germany; labor; labor law; law; strike; union", "summary": "As parties involved in negotiating and completing collective agreements, trade unions and employer organizations are bound by the Basic Law of the Federal Republic of Germany (Germany's written constitution) to lay down comprehensive terms and conditions of employment and to adjust these terms and conditions continually to suit prevailing economic and social developments. Collective agreements with this union determine the working conditions for an entire branch of German industry.", "mime": "application/pdf"}, {"id": "iiclr-17457", "words": "29786", "extension": ".pdf", "flesch": "62", "author": "Cassidy, Julie", "title": "Sovereignty of Aboriginal Peoples", "date": "1998", "keywords": "4th; act; australia; cir; claims; court; d.l.r; discussion; doctrine; f.2d; government; indian; int'l; international; justice; lands; law; nations; new; note; peoples; queen; rev; rights; self; sovereignty; states; states v.; supp; supra; supra note; title; tribe; u.s; united; united states; v. united", "summary": "269 It would be thought from these statements and from the judiciary's insistence that Aboriginal rights are categorized as such because they constitute or have constituted an integral part of the distinctive culture of the particular Indians, 270 that Aboriginal sovereignty would be viewed as an inherent right in Canada which could be affected only through consensual agreement.27' This view has not, however, been accepted by all members of the judiciary. The relevance of establishing Aboriginal sovereignty is not confined to the practical exercise of sovereign powers within a given jurisdiction.", "mime": "application/pdf"}, {"id": "iiclr-17458", "words": "7715", "extension": ".pdf", "flesch": "57", "author": "Bowal, Peter", "title": "A Study of Lay Knowledge of Law in Canada", "date": "1998", "keywords": "american; business; canada; canadian; course; education; information; knowledge; law; lawyers; lay; public; respondents; students; study; system", "summary": "The legal profession is not inherently interested in raising the level of public legal knowledge, at least not without a fee. What are the student's sources of that information and how does one effectively teach accurate legal information to non-law students?12 The purpose of this article is to describe the importance of public legal education, illustrate why the current model for public legal education in Canada is ineffective, and describe and analyze a study which clearly exemplifies that the confusion in public legal knowledge in Canada has a definitively American fragrance.", "mime": "application/pdf"}, {"id": "iiclr-17459", "words": "5363", "extension": ".pdf", "flesch": "68", "author": "Seay, Pamella A.", "title": "Law, Crime, and Punishment in the People's Republic of China: A Comparative Introduction to the Criminal Justice and Legal System of the People's Republic of China", "date": "1998", "keywords": "art; china; chinese; court; criminal; law; p.r.c; people; system", "summary": "This simple idea has survived in Chinese culture and has influenced the evolution of Chinese law and criminal justice. 4 Upon the conclusion of a trial in China, however, both the accused and the state have the right of appeal.55 Under Chinese law and beliefs, this concept allows for justice to be served, no matter which side originally prevailed.", "mime": "application/pdf"}, {"id": "iiclr-17460", "words": "24885", "extension": ".pdf", "flesch": "56", "author": "Browne, Michael", "title": "Should Germany Stop Worrying and Love the Octopus? Freedom of Religion and the Church of Scientology in Germany and the United States", "date": "1998", "keywords": "american; article; case; church; churches; clause; constitution; court; democracy; dianetics; federal; freedom; germany; government; groups; hubbard; int'l; kommers; law; members; n.y; new; order; public; religion; rev; rights; scientologists; scientology; state; supra note; supreme; tax; times; u.s; united", "summary": "Spanien: Scientologen unter Anklage, DIE WOCHE, May 12, 1995, at 27 (noting Church controversy in Spain); French Minister Says No Tax Breaks for Scientology Church, AGENCE FR. See Administrative Court, supra note 268.", "mime": "application/pdf"}, {"id": "iiclr-17461", "words": "10025", "extension": ".pdf", "flesch": "62", "author": "Novak, Scott B.", "title": "A Step Toward Globalization: The Move for International Accounting Standards", "date": "1998", "keywords": "accounting; accounting standards; capital; companies; gaap; ias; markets; note; sec; standards; supra; supra note; u.s", "summary": "Considering that the FASB set U.S. standards in the first place, one must wonder in how many instances the FASB will be willing to admit that U.S. GAAP is inferior to IASC or foreign accounting standards. Consequently, foreign companies using international accounting standards recognize less expense than U.S. companies.", "mime": "application/pdf"}, {"id": "iiclr-17462", "words": "15229", "extension": ".pdf", "flesch": "58", "author": "Newman, Larry D.", "title": "RICO and the Russian Mafia: Toward a New Universal Principle Under International Law", "date": "1998", "keywords": "acts; crime; criminal; groups; int'l; international; jurisdiction; law; mafia; organizations; organized; rico; russian; security; shelley; soviet; states; supra note; threat; united; world", "summary": "In a statement presented to the U.S. House of Representatives, James Woolsey, former Director of the Central Intelligence Agency, asserted that Russian organized crime is a unique subset of international organized crime Compared to other organized criminal groups, Russian organized crime has expanded quickly because [d]evelopments that have taken decades in other societies have occurred within a few years in the former Soviet Union.", "mime": "application/pdf"}, {"id": "iiclr-17463", "words": "30821", "extension": ".pdf", "flesch": "64", "author": "GoodRoad, Scott L.", "title": "The Challenge of Free Speech: Asian Values v. Unfettered Free Speech, an Analysis of Singapore and Malaysia in the New Global Order", "date": "1998", "keywords": "act; article; asian; challenge; constitution; contempt; court; e.g.; freedom; government; human; individual; int'l; law; laws; lee; lexis; malaysia; minister; national; new; order; people; press; printing; public; publication; republic; rev; rights; security; singapore; society; speech; states; statutes; supra note; times; u.s; united; values", "summary": "Singapore courts have also resorted to the use of contempt of court proceedings to limit foreign criticisms of the government. Malaysia ISA, supra note 175, \u00a7\u00a7 22(1)(a)-(d); Singapore ISA, supra note 175, \u00a7\u00a7 20(1)(a)-(d).", "mime": "application/pdf"}, {"id": "iiclr-17464", "words": "127", "extension": ".pdf", "flesch": "60", "author": "Review, Law", "title": "Table of Contents", "date": "1999", "keywords": "rights", "summary": "INDIANA INTERNATIONAL & COMPARATIVE LAW REVIEW VOLUME 9 1999 NUMBER 2 TABLE OF CONTENTS ARTICLES Principles for a Meta-Discourse of Liberal Rights: The xam ple of the European Convention on Human Rights .................................. Cain D. Peeler 423 COMMENTS Trokosi - The Practice of Sexual Slavery in Ghana: Religious and Cultural Freedom vs. Human Rights ................ 457 Human Cloning Research inJapan: A Study in Science, Culture, Morality, and Patent Law .....................", "mime": "application/pdf"}, {"id": "iiclr-17466", "words": "31086", "extension": ".pdf", "flesch": "62", "author": "Heinze, Eric", "title": "Principles for a Meta-Discourse of Liberal Rights: The Example of the European Convention on Human Rights", "date": "1999", "keywords": "assertion; case; consent; convention; court; discourse; eur; exercise; h.r; harm; individual; insufficient; interests; kingdom; law; meta; non; position; question; rights; rights discourse; ser; society; state; united", "summary": "It will be argued that liberal rights discourse has a structure that unites and circumscribes rights jurisprudence, precisely dictating what rights jurisprudence can and cannot assert, and that such a structure can be 5. As the fourteen meta-arguments represent the conditions for the very coherence of liberal rights discourse, they apply to any system of civil rights - domestic, regional, or international.1 2 8.", "mime": "application/pdf"}, {"id": "iiclr-17467", "words": "12747", "extension": ".pdf", "flesch": "56", "author": "Hines, Barbara", "title": "An Overview of Argentine Immigration Law", "date": "1999", "keywords": "argentine; art; constitution; country; court; decree; department; foreigners; immigrants; immigration; immigration law; l.a; law; note; persons; residence; rights; status; supra", "summary": "See Immigration and Nationality Act, Pub. See Immigration and Nationality Act, 8 U.S.C.A. \u00a7 1225a (West 1999).", "mime": "application/pdf"}, {"id": "iiclr-17468", "words": "17741", "extension": ".pdf", "flesch": "64", "author": "Peeler, Calvin D.", "title": "From the Providence of Kings to Copyrighted Things (and French Moral Rights)", "date": "1999", "keywords": "art; article; authors; cassation; century; copyright; court; decree; france; french; law; moral; nineteenth; note; property; property law; property rights; public; rev; rights; supra; supra note; work", "summary": "[Vol. 9:2 FROM THE PROVIDENCE OF KINGS The four separate and independent rights as previously mentioned are (1) the French droit de divulgation, which is the right of the author to decide whether or not the work is to be published; (2) the droit de retrait (ou de repentir), which is the author's right to withdraw the work from publication or to modify it even after it has been made public; 6 (3) the droit a la patemite, or the right of the author to have his name always associated with the work and to be acknowledged as its creator, as well as to disclaim authorship of works falsely attributed to him; and (4) the droit a l'integrite, which provides the author with the right to protect the author's work from alteration, mutilation, and excessive criticism without permission.17 The goal of this article is to go a step further than anyone has dared to go in the effort to trace the judicial origins of French moral rights by looking at the earliest French cases where the individual rights themselves were articulated or cases where the underlying policy of protecting more than economic rights of authors was advanced. The Method and Madness of French Case Reports Tracing French moral rights back to their judicial roots does present several noteworthy research and analytical challenges.", "mime": "application/pdf"}, {"id": "iiclr-17469", "words": "22338", "extension": ".pdf", "flesch": "69", "author": "Small Bilyeu, Amy", "title": "Trokosi - The Practice of Sexual Slavery in Ghana: Religious and Cultural Freedom vs. Human Rights", "date": "1999", "keywords": "children; convention; court; d. art; declaration; family; female; ghana; girls; human; int'l; international; law; parties; person; practice; priests; rev; rights; short; shrine; slavery; state; supra note; system; trokosi; uncrc; women", "summary": "30 ' However, because the Trokosi are usually coerced by their parents or relatives to serve in the shrines, it is questionable whether that criminal code section covers the customary practices \u00b0.3 Section 314 does not apply to any such coercion 'as may lawfully be exercised by virtue of contracts of service between free persons, or by virtue of the rights of parents and other rights, not being contrary to law, arising out of family relations customarily used and observed in Ghana. ' Women's Rights Women's rights is a predominant area of conflict between religious law and human rights law.'", "mime": "application/pdf"}, {"id": "iiclr-17474", "words": "40218", "extension": ".pdf", "flesch": "64", "author": "Lippman, Matthew", "title": "The Other Nuremberg: American Prosecutions of Nazi War Criminals in Occupied Germany", "date": "1992", "keywords": "acts; case; comp; control; council law; criminal; d. art; defendants; defense; experiments; german; humanity; ind; int'l; international; jews; justice; labor; law; medical; military; nazi; note; nuremberg; order; punishment; reich; rev; supra; supra note; territories; tribunal; vol; war; war crimes; war criminals", "summary": "It is the supreme international crime differing only from other war crimes in that it contains within itself the accumulated evil of the whole.' These involved the executives of the chemical firm I.G. Farben,7 2 the steel and armament giant Krupp 3 and the Flick conglomerate.7 4 The tribunals explicitly proclaimed that international criminal law bound both civilians and the military.", "mime": "application/pdf"}, {"id": "iiclr-17475", "words": "14755", "extension": ".pdf", "flesch": "62", "author": "Chandola, M. Varn", "title": "Affirmative Action in India and the United States: the Untouchable and Black Experience", "date": "1992", "keywords": "action; american; article; blacks; caste; constitution; court; discrimination; equality; gandhi; india; law; rights; states; supra note; system; u.s; united; united states; untouchables", "summary": "Various names have been attributed to Indian affirmative action. ' India could particularly benefit from researching the American judicial encounter with the implementation of affirmative action laws and programs.", "mime": "application/pdf"}, {"id": "iiclr-17476", "words": "7755", "extension": ".pdf", "flesch": "59", "author": "Wiederstein, Robert Khuon", "title": "California and Unitary Taxation: The Continuing Saga", "date": "1992", "keywords": "business; california; court; edge; foreign; income; states; taxation; taxpayer; u.s; unitary; water", "summary": "This note will discuss worldwide unitary taxation, with its strengths and weaknesses, offer conclusions on whether the problems with unitary business were effectively dealt with by California's enactment, and propose a course of action. Yet California's partial abandonment of worldwide unitary taxation in favor of a water's edge election was an imperfect solution - a solution which will not end the heated debate on unitary taxation. ' 0", "mime": "application/pdf"}, {"id": "iiclr-17477", "words": "8398", "extension": ".pdf", "flesch": "62", "author": "McPhee, John S.", "title": "Agriculture and Textiles: The Fare and Fabric of Current GATT Negotiations", "date": "1992", "keywords": "countries; country; gatt; market; negotiations; note; round; states; supra; supra note; trade; united; world", "summary": "These areas are particularly important to developing countries,' 4 and are affected by the significant use of NTB's.' 2 1 The effectiveness of these tariff concessions has been greatly reduced through the use of protectionistic devices (such as NTB's) by the developed nations; 28 the greatest restrictions are present in the areas where developing countries could most easily expand production.", "mime": "application/pdf"}, {"id": "iiclr-17478", "words": "8459", "extension": ".pdf", "flesch": "67", "author": "Plummer, Mary Beth", "title": "Choice of Law or Statutory Interpretation?: The Fair Labor Standards Act Applied Overseas Cruz v. Chesapeake Shipping Inc.", "date": "1992", "keywords": "act; american; choice; circuit; court; cruz; flsa; law; seamen; u.s", "summary": "B. Case Law: Establishing a Presumption Against Extraterritorial Application It is well-established in American case law that all congressional legislation is presumed to apply only within the territorial jurisdiction of the United States.3 4 In contrast, the defendant com- panies argued that U.S. law did not apply57 under a choice of law test set out in Lauritzen v. Larsen58 and Hellenic Lines Ltd. v. Rhoditis.", "mime": "application/pdf"}, {"id": "iiclr-17480", "words": "14813", "extension": ".pdf", "flesch": "62", "author": "Ross, Charles Stanley", "title": "The Right of Privacy and Restraints on Abortion under the \"Undue Burden\" Test: A Jurisprudential Comparison of Planned Parenthood v. Casey with European Practice and Italian Law", "date": "1993", "keywords": "abortion; article; burden; casey; court; decision; european; glendon; health; int'l; italian; italy; law; laws; liberty; life; note; pregnancy; privacy; rev; right; standard; state; supra; united; woman", "summary": "THE CULTURAL CONTEXT OF THE RIGHT TO PRIVACY AT THE TIME OF ROE V. WADE Efforts at legislative reform to liberalize abortion laws in the United States were cut short in 1973 when the Supreme Court extended the notion of a right to privacy to create a constitutional guarantee against the power of the state to pass laws preventing the interruption of pregnancy. But she takes consolation in the decision making process, which solidifies the Constitutional Court's active involvement in controlling and protecting abortion laws.", "mime": "application/pdf"}, {"id": "iiclr-17481", "words": "11657", "extension": ".pdf", "flesch": "64", "author": "Gamble, John King; Ku, Charlotte", "title": "Choice of Language in Bilateral Treaties: Fifty Years of Changing State Practice'", "date": "1993", "keywords": "agreement; china; choice; english; exchange; french; int'l; international; l.n.t.s; language; law; official; states; texts; treaties; treaty; u.n.t.s; united; use", "summary": "L.N.T.S. treaties averaged about 1.6 official texts, while U.N.T.S. treaties average about 2.0 texts per bilateral treaty. 10 1 The practice of Japan in treaty languages should be especially interesting for two reasons.", "mime": "application/pdf"}, {"id": "iiclr-17482", "words": "2417", "extension": ".pdf", "flesch": "55", "author": "Forster, Marc", "title": "European Constitutional Law in Action: Visiting a Public Debate at the Swiss Federal Supreme Court", "date": "1993", "keywords": "court; federal; judges; law; swiss", "summary": "Any amendment * Attorney-at-Law, Secretary of the Court, Swiss Federal Supreme Court, Lausanne, Switzerland. European Constitutional Law in Action: Visiting a Public Debate at the Swiss Federal Supreme Court European Constitutional Law in Action: Visiting a Public Debate at the Swiss Federal Supreme Court by Dr. Marc Forster* I. THE FUNCTIONS OF THE Swiss FEDERAL SUPREME COURT WITHIN THE Swiss FEDERALIST LEGAL SYSTEM The Swiss Federal Court is at the same time the highest court of appeal on issues of federal law and the constitutional supreme court of Switzerland.", "mime": "application/pdf"}, {"id": "iiclr-17483", "words": "8048", "extension": ".pdf", "flesch": "54", "author": "Chauvin, Michael P.", "title": "Towards the Establishment of Constitutionalism in Russia", "date": "1993", "keywords": "constitution; constitutionalism; draft; government; law; note; people; power; rights; russia; soviet; states; supra; united", "summary": "The United States Constitution established a system based on in- dividual rights and the limitations on state power. led to a period of experimentation in the creation of state constitutions ... It was the unhappiness with the results of these experiments and their seeming inability to inspire public virtue and Re- publican consciousness on the part of their citizens which brought forth calls for a stronger national government.8 5 The Constitutional Commission charged with developing a consti- tution produced a lengthy document in 1992 which granted very broad individual and social rights.", "mime": "application/pdf"}, {"id": "iiclr-17484", "words": "11930", "extension": ".pdf", "flesch": "64", "author": "Chinn, Anthony Scott", "title": "American Labor Law on Foreign Soil: Policies and Effects in a Smaller World", "date": "1993", "keywords": "act; american; application; congress; court; intent; labor; law; pico; presumption; states; statute; u.s; united", "summary": "6 5 Amer- ican corporations are no longer bothering to play within the rules of American labor laws, they merely subvert them by going abroad, defeating the purpose of such laws. The union filed a petition for certiorari in United States Supreme Court on September 22, 1992, which petition was denied on November 16, 1992.", "mime": "application/pdf"}, {"id": "iiclr-17485", "words": "15630", "extension": ".pdf", "flesch": "60", "author": "Hook, Sara Anne", "title": "Allocation of the Radio Spectrum: Is the Sky the Limit?", "date": "1993", "keywords": "act; allocation; communications; fcc; frequencies; frequency; international; itu; new; note; public; radio; radio spectrum; satellite; services; spectrum; spectrum allocation; states; supra; supra note; united; use; warc-92; world", "summary": "The problem of radio spectrum allocation has emerged again as an issue of international importance for several reasons. L. REV. for radio spectrum allocation is crucial in determining the role of WARCs in allocating spectrum in the future.", "mime": "application/pdf"}, {"id": "iiclr-17486", "words": "11342", "extension": ".pdf", "flesch": "58", "author": "Kelly, Michael J.", "title": "Environmental Implications of the North American Free Trade Agreement", "date": "1993", "keywords": "agreement; american; border; enforcement; environmental; epa; free; hazardous; int'l; international; law; mexican; mexico; nafta; note; review; species; states; supra; supra note; trade; u.s; united; waste", "summary": "A brief overview of U.S. environmental law reveals the range and variety of subjects statutorily covered: The Clean Air Act (CAA)63 provides uniform federal standards for specific pollutants and controls emissions from motor vehicles as well as new sources of pollution. Since 1988, EPA has referred 1,111 cases stemming from violation of U.S. environmental laws to the Department of Justice.", "mime": "application/pdf"}, {"id": "iiclr-17489", "words": "6572", "extension": ".pdf", "flesch": "60", "author": "Stith, Richard", "title": "Can Practice Do Without Theory: Differing Answers in Western Legal Education", "date": "1993", "keywords": "american; cases; education; european; judges; law; practice; rev; school; students; theory", "summary": "But if the Realists have largely failed to bring serious social theory into American law schools, they have succeeded in driving out most serious legal theory. American law professors are highly unlikely to have obtained any advanced law degree at all, not even a master's, much less a doctorate, unless for some reason they wished to supplement a first degree at a lesser school with another degree at a more prestigious school.", "mime": "application/pdf"}, {"id": "iiclr-17490", "words": "7731", "extension": ".pdf", "flesch": "56", "author": "Black, Alexander J.", "title": "Separated by a Common Law: American and Scottish Legal Education", "date": "1993", "keywords": "american; british; canada; degree; education; england; english; law; lawyers; rev; scotland; scottish; states; students; system; united; university", "summary": "The expatriation of Scottish law students to the continent soon became common practice, in part also because of the paucity of legal education in Scotland. But some say that first year Scottish law students are too young at age 17 or 18.", "mime": "application/pdf"}, {"id": "iiclr-17491", "words": "10455", "extension": ".pdf", "flesch": "63", "author": "Rasnic, Carol D.", "title": "Who Holds the Employment Contract 'Trump Card'? Comparing Labor Laws in Germany and the United States for the International Investor", "date": "1993", "keywords": "act; bargaining; business; collective; council; employees; employer; employment; federal; germany; labor; law; laws; states; u.s.c; union; united; work; workers", "summary": "German law requires only that a union have the support of enough employees to exhibit sufficient soziale Mich- tigkeit, or social power.3 3 Referred to as Frie- denspflicht, or duty to keep the peace, this obligation is not negotiable n. 3 A final distinction in this area of German law relates to the worker's right to representation by the union.", "mime": "application/pdf"}, {"id": "iiclr-17492", "words": "17572", "extension": ".pdf", "flesch": "55", "author": "Cassidy, Julie", "title": "The Enforcement of Aboriginal Rights in Customary International Law", "date": "1993", "keywords": "aboriginal; australia; court; government; indian; international; justice; land; law; legislation; municipal; nations; new; peoples; practice; rights; settlement; states; territorial; title; treaty; u.s; united", "summary": "STARKE, AN INTRODUCTION TO INTERNATIONAL LAW 34 (7th ed. 1972), iden- tifies five principle sources of international law: custom, treaties, decisions of judicial or arbitral tribunals, juristic works and decisions or declarations of international in- stitutions. The answer lies in a higher source of international law, the principle of customary international law providing that parties to treaties must abide by the terms of such treaties.", "mime": "application/pdf"}, {"id": "iiclr-17493", "words": "11443", "extension": ".pdf", "flesch": "65", "author": "Harvey, Kevin G.", "title": "Diverging Child Protection Laws in the Commonwealth: A Comparison of Recent Legislation in England and New Zealand", "date": "1993", "keywords": "child; children; england act; family; new zealand; note; rights; supra note; zealand act", "summary": "The brief duration of the CAO and the EPO leaves authorities acting under the England Act with insufficient means for evaluating the child's situation; the seven or eight days for which the orders last will not assist the child whose assessment may take a period of several weeks.16 Application for a further order cannot be made until six months have passed since the prior one, unless the court gives leave; therefore, the only viable option for acquiring more time for assessment is to try to obtain an interim care order, which comes under the care provisions of the England Act, rather than the provisions for child protection. In addition to provisions for the care, supervision, and protection of children, the Act contains principles of welfare and non-intervention to guide judicial decision-making.5 The Children, Young Persons, and Their Families Act 1989 (the New Zealand Act) went into effect in 1989, replacing the Children and Young Persons Act 1974.", "mime": "application/pdf"}, {"id": "iiclr-17494", "words": "12699", "extension": ".pdf", "flesch": "62", "author": "Anderson, Greg N.", "title": "Achieving United States-Canadian Reciprocity in Sub- National Government Procurement: Federalism and the Canada-United States Free Trade Agreement", "date": "1993", "keywords": "act; american; canada; commerce; constitution; court; federal; foreign; government; power; procurement; states; trade; united; united states", "summary": "FEDERALISM AND FAIR TRADE Several commentators have suggested that the United States should extend its agreements to include state government procurement. two concerns that underlie the application of a more probing analysis to state statutes that affect foreign commerce.", "mime": "application/pdf"}, {"id": "iiclr-17495", "words": "12587", "extension": ".pdf", "flesch": "75", "author": "Lerner, Joshua A.", "title": "Snuffing Out A National Symbol What The United States Can Learn From France's New No-Smoking Law", "date": "1993", "keywords": "air; art; france; french; government; health; law; new; note; public; regulations; restrictions; rev; smokers; smoking; smoking law; states; statute; supra; tobacco", "summary": "a. Independent Agencies Set Their Own Rules Arkansas has several other smoking regulations not connected with its statutory section on public smoking. STATE SMOKING REGULATIONS After the Surgeon General's Report on Smoking came out in 1964, most states limited their regulation of smoking to restricting behavior that might cause fires.", "mime": "application/pdf"}, {"id": "iiclr-17496", "words": "8754", "extension": ".pdf", "flesch": "58", "author": "Jenkins, Jane Kathryn", "title": "International Regulation of Driftnet Fishing: The Role of Environmental Activism and Leverage Diplomacy", "date": "1993", "keywords": "driftnet; driftnet fishing; driftnetting; fishing; high; international; law; marine; nations; pacific; resources; scale; seas; states; supra note; united", "summary": "In March, 1993, the United States State Department announced that if U.S. enforcement authorities have 'reasonable grounds' to believe any foreign flag vessel is conducting or has conducted large scale driftnet fishing, ... It will then trace the regulation, or lack thereof, in the practice of driftnet fishing and the roles that environmental activism and leverage diplomacy have, or are likely to play, in inter- national regulation of these activities. II.", "mime": "application/pdf"}, {"id": "iiclr-17498", "words": "723", "extension": ".pdf", "flesch": "48", "author": "Chinn, Anthony Scott; Breckenridge, Jr, Franklin E.", "title": "Editors' Preface", "date": "1994", "keywords": "american; law; symposium", "summary": "While American law schools scramble to put clinical and other practical programs on line after years of prodding from members of the practicing bar, in Continental Europe the law school experience is one defined by an attempt to unravel jurisprudence and legal theory. Still, on the surface, the importance to the practitioner of a symposium on Italian law such as we have attempted might be elusive.", "mime": "application/pdf"}, {"id": "iiclr-17499", "words": "2656", "extension": ".pdf", "flesch": "52", "author": "Lorch, Maristella De Panizza", "title": "An Academy for the Third Millennium", "date": "1994", "keywords": "academy; american; columbia; italian; italy; university", "summary": "The president of the Academy is the president of Columbia University, who is thus responsible for its functioning. [Vol. 4:iii THE ITALIAN ACADEMY dialogue not exclusively, but especially with Columbia University, of which the Academy is a part.", "mime": "application/pdf"}, {"id": "iiclr-17500", "words": "1332", "extension": ".pdf", "flesch": "61", "author": "Bermann, George A.", "title": "Columbia University and a New European Law Chair", "date": "1994", "keywords": "chairholder; columbia; european; law", "summary": "The function of the chair is to bring to Columbia each year an outstanding jurist prepared to teach important aspects of European law and legal tradition, to conduct research, to collaborate in teaching and research with our own regular faculty, and possibly to advise and otherwise work with selected advanced law students. Moreover, whatever nationality or national affiliation a chairholder brings, we would expect Italian law, Italian legal institutions and Italian legal materials to figure in the chairholder's activities while at Columbia.", "mime": "application/pdf"}, {"id": "iiclr-17501", "words": "2241", "extension": ".pdf", "flesch": "58", "author": "Ross, Charles S.", "title": "Symposium Introduction: Italy's Crisis of Justice", "date": "1994", "keywords": "boiardo; italian; italy; law; lawyers; symposium; years", "summary": "Symposium Introduction: Italy's Crisis of Justice Symposium Introduction: Italy's Crisis of Justice by Charles S. Ross* In the last few years the Italian Academy has provided a forum for the discussion of issues of Italian law that impact American culture and commerce. There I noticed that the extensive cultural offerings sponsored by the Italian Academy included a series of lectures relating to issues of Italian law.", "mime": "application/pdf"}, {"id": "iiclr-17502", "words": "2462", "extension": ".pdf", "flesch": "55", "author": "Amato, Giuliano", "title": "Italy: The Rise and Decline of a System of Government", "date": "1994", "keywords": "italy; majority; parties; party; system", "summary": "We cannot know as yet whether this is a temporary reaction, whether new personalities and new political parties can restore credibility in the area of the present losers, or whether the extreme parties will become less extreme to catch the moderate electors, who now feel landless. The seemingly eternal dominance of the majority and its increas- ingly unhealthy relation to the opposition brought about a third negative consequence: the abuse of the privileged access that political parties had to public channels.", "mime": "application/pdf"}, {"id": "iiclr-17503", "words": "4156", "extension": ".pdf", "flesch": "51", "author": "Cossiga, Francesco", "title": "Institutional Reform and Italian Crisis", "date": "1994", "keywords": "constitution; country; crisis; democracy; italian; italy; party", "summary": "This com- promise was headed by two great leaders, perhaps the two greatest leaders in post-war Italy: the leader of the Christian Democracy, Alcide De Gasperi, and the great leader of the Italian Communist Party, Palirmo Togliatti. Reforms of the institutions, political society, and rules of politics go hand-in-hand with solutions to the grave moral question.", "mime": "application/pdf"}, {"id": "iiclr-17504", "words": "7217", "extension": ".pdf", "flesch": "48", "author": "Guarnieri, Carlo", "title": "Justice and Politics: The Italian Case in a Comparative Perspective", "date": "1994", "keywords": "case; council; countries; influence; judges; judiciary; justice; law; magistrates; note; role; supra; system", "summary": "The Italian Case in a Comparative Perspective by Carlo Guarnieri* I. INTRODUCTION In the field of administration of justice, all democratic regimes have to satisfy two contradictory demands: the democratic accountability of all those exercising political power and the safeguard of judicial impartiality through guarantees of independence.1 But if judges are exercising political power more openly, the need to make them accountable becomes stronger.", "mime": "application/pdf"}, {"id": "iiclr-17505", "words": "6881", "extension": ".pdf", "flesch": "48", "author": "La Pergola, Antonio", "title": "Italy and European Integration: A Lawyer's Perspective", "date": "1994", "keywords": "community court; community law; court; european; european community; integration; italy; national; states; treaty", "summary": "Over time, the Community Court came to regard and interpret Community law as an autonomous system creating legal rights and duties for individuals independently of any concurrent adaptation of national law to Community law. B. Application of Community Law in Italy by the Constitutional Court Until the mid-1980s, Italy's membership in the European Com- munity was marked by a longstanding dispute between the Italian Constitutional Court and the Community Court over the proper re- lationship between Community law and domestic law.", "mime": "application/pdf"}, {"id": "iiclr-17506", "words": "5369", "extension": ".pdf", "flesch": "53", "author": "Garavelli, Mario", "title": "Drug Abuse in Italy and Europe in a Comparative Context", "date": "1994", "keywords": "abuse; addicts; control; drug; italy; law; laws; problem; treatment; use; years", "summary": "Due to inherent differences among cultures, legal systems and socio-economic situations of the nations of the world, an analysis of drug control laws reveals constants which are necessarily contrasted against a varied background. There has been a great effort exerted toward the prevention of drug use, especially in the workplace.", "mime": "application/pdf"}, {"id": "iiclr-17507", "words": "2817", "extension": ".pdf", "flesch": "55", "author": "Bolaffi, Guido", "title": "Redesigning Italy: The New Flow of Immigration", "date": "1994", "keywords": "foreigners; immigrants; immigration; italy; social", "summary": "Perhaps even more surprising is that, despite the increasingly tighter policing of our borders, many immigrants continue to be listed as living in Italy long after they have decided to go back to their native countries. It is a kind of ivory-tower intellectualism which fails to take into account the very unpleasant reality of the hand-to-mouth existence many clandestine immigrants actually lead and the daily humiliation and exploitation they have to endure, which for many women can mean physical or even sexual violence.", "mime": "application/pdf"}, {"id": "iiclr-17508", "words": "6397", "extension": ".pdf", "flesch": "42", "author": "Russell, David Williams", "title": "Refractions of Italian Law: An Indiana Perpective", "date": "1994", "keywords": "common; distribution; eec; goods; indiana; italian; italy; law; states; supplier; treaty; united", "summary": "This has happened, La Pergola points out, not by clear invocation of the supremacy of EEC law by the Italian courts, but by simple supplantation of Italian law by EEC law accompanied by the withdrawal of the Italian judiciary from the practice of invoking the Italian Civil Code in the commercial sphere. It is obvious from even a cursory review of the current legal publications that far more attention has been paid in this country to the comprehensive restructurings of the bar in the United Kingdom and to the bureaucratic machinations in Belgium with respect to the Maastricht Treaty, than to current issues in Italian law.", "mime": "application/pdf"}, {"id": "iiclr-17509", "words": "16550", "extension": ".pdf", "flesch": "61", "author": "Borowski, Craig M.", "title": "Human Cloning Research in Japan: A Study in Science, Culture, Morality, and Patent Law", "date": "1999", "keywords": "beings; cells; clone; cloning; cloning research; human; invention; japan; japanese; law; life; morality; new; note; patent; research; researchers; science; states; supra; supra note; system; technology; united; world", "summary": "Part VII describes why human cloning is contrary to morality in Japan and asserts that there is no need for governmental regulation of human cloning research in Japan because Japan's patent law system provides both adequate regulation of the technology and the flexibility to allow potentially useful technology to emerge and to allow societal views to change. The Japanese patent law system already provides an effective mechanism to regulate human cloning research.", "mime": "application/pdf"}, {"id": "iiclr-17510", "words": "17658", "extension": ".pdf", "flesch": "54", "author": "Breitmeyer, Kimberly A.", "title": "Australia's Opposition to the Basel Ban Amendment on the Export or Hazardous Wastes: When Will Australia Stop Stalling and Ratify the Amendment?", "date": "1999", "keywords": "agreements; amendment; annex; article; australia; ban; ban amendment; basel ban; basel convention; countries; hazardous; international; nations; non; note; oecd; parties; states; supra note; trade; united; vii; waste", "summary": "However, Basel Convention parties must not only refrain from entering into any post-Basel Convention agreements incompatible with the aims of the Convention, but the Basel Convention also prevails over incompatible agreements between Convention parties concluded pre-Basel. See Basel Convention [Vol. 9:2 AUSTRALIA'S OPPOSITION TO THE BASEL BAN because of the possibility of economic pressure to accept hazardous waste pushed by OECD nations upon developing nations.t 39 BAN further argues that, because the development of such criteria would inspire much disagreement and enforcement difficulties, the activity would only serve to stall implementation and ratification of the ban.4", "mime": "application/pdf"}, {"id": "iiclr-17511", "words": "13556", "extension": ".pdf", "flesch": "66", "author": "Cameron, Karla", "title": "Are United States Airlines Prepared to Handle In-Flight Medical Emergencies?", "date": "1999", "keywords": "aircraft; airlines; american; aviation; commercial; defibrillators; emergencies; emergency; equipment; european; faa; flight; jar; kits; medical; ops; passengers; supra note; training; u.s", "summary": "Also, airlines do not have to provide any follow-up information on medical emergencies. The reason they are not given extensive training on medical emergencies could be because they are not required to perform emergency care on their passengers.", "mime": "application/pdf"}, {"id": "iiclr-17515", "words": "7374", "extension": ".pdf", "flesch": "59", "author": "Halberstam, Malvina", "title": "The Constitutional Authority of the Federal Government in State Criminal Proceedings that Involve U.S. Treaty Obligations or Affect U.S. Foreign Relations", "date": "1999", "keywords": "case; court; foreign; government; i.c.j; law; measures; states; u.s; united; united states", "summary": "After arguing that the I.C.J. decision is precatory rather than mandatory, the brief states: But in any event, the measures at [the government's] disposal are a matter of domestic United States law, and our federal system imposes limits on the federal government's ability to interfere with the criminal justice systems of the States. The perception, both outside the United States and within the United States government, seems to be that it does not.", "mime": "application/pdf"}, {"id": "iiclr-17516", "words": "8359", "extension": ".pdf", "flesch": "54", "author": "Major, Marie-France", "title": "Comparative Analogies: Sullivan Visits the Commonwealth", "date": "1999", "keywords": "american; comparative; court; decision; defamation; discussion; freedom; law; libel; reputation; speech; sullivan", "summary": "His position was that the constitutional guarantee operated so as to preclude completely the application of... defamation laws to impose liability in damages upon the citizen for the publication ofstatements about the official conduct or suitability of a member of the Parliament or other holder of[a] high Commonwealth office. THE COMMONWEALTH Sullivan to support its conclusion that defamation laws constitute effective tools for politicians to chill free speech.38 Having determined that existing defamation laws were unconstitutional, the plurality also invoked Sullivan to support its belief that the efficacious workings of representative democracy and government did not demand that all actors involved in political discussions be granted an absolute immunity.", "mime": "application/pdf"}, {"id": "iiclr-17517", "words": "19399", "extension": ".pdf", "flesch": "55", "author": "Dam, Shubhankar", "title": "Legal Systems as Cultural Rights: A Rights' Based Approach to Traditional Legal Systems Under the Indian Constitution", "date": "2006", "keywords": "access; act; areas; article; assembly; communities; community; constitution; court; culture; development; india; justice; law; life; national; note; people; process; right; s.c.c; state; supra; systems; tribal; tribes; village", "summary": "Discourses on the erosion of tribal rights and cultures generally concentrate on an assimilation-autonomy, 2 development-deference dichotomy. To argue that one may triumph over the other is to concede that the development agenda of the State may sometimes prevail over tribal rights.2' This conundrum presents a need to move beyond the development-deference dichotomy and explore the viability of a rights-based approach for adjudicating conflicts between the State's duty and tribal rights.", "mime": "application/pdf"}, {"id": "iiclr-17518", "words": "18690", "extension": ".pdf", "flesch": "54", "author": "Stilt, Kristen A.", "title": "Constitutional Authority and Subversion: Egypt's New Presidential Election System", "date": "2006", "keywords": "amendment; candidates; constitutional; court; egypt; egyptian; elections; judicial; law; members; monitoring; mubarak; note; pa elections; party; political; president; scc; state; supra; supra note; system", "summary": "He requested that the two bodies initiate a process to amend the constitution to establish presidential elections in which the voting populace would elect the president in secret, general, and direct elections. This part discusses the implementing legislation relevant to the presidential elections, focusing on the process and criteria for becoming a presidential candidate and the monitoring mechanisms for the conduct of presidential elections.", "mime": "application/pdf"}, {"id": "iiclr-17519", "words": "27158", "extension": ".pdf", "flesch": "61", "author": "Sutherland, Elaine E.", "title": "Undue Deference to Experts Syndrome?", "date": "2006", "keywords": "abuse; bone; care; cases; child; child abuse; children; court; daubert; deference; evidence; expert; fact; family; judges; law; meadow; medical; msbp; note; parents; paterson; protection; review; roy; sir; supra; syndrome; system; tbbd; test; united; witness; witnesses", "summary": "ADMITING EXPERT EVIDENCE IN THE UNITED KINGDOM AND THE WEIGHT TO BE ATTACHED TO IT In England and Wales, reference is made to the expert witness 149 and, while the more traditional Scottish term is skilled witness,'150 the former will be used here since it is used and understood in both jurisdictions.151 Essentially, there are three issues to be resolved with respect to expert evidence. What Judges Do Not Know About Science and Using Child Abuse Cases to Improve How Courts Evaluate Scientific Evidence, 64 OHIO ST. L.J. 531, 550 (2003).", "mime": "application/pdf"}, {"id": "iiclr-17520", "words": "14569", "extension": ".pdf", "flesch": "62", "author": "Spitz, Bradley D.", "title": "Cyber-Swashbuckling? The U.S. Copyright Holder's Battle Against Extraterritorial Peer-to-Peer Network Infringement in U.S. Courts Will Not End With Grokster", "date": "2006", "keywords": "case; copyright; court; file; forum; grokster; holder; infringement; internet; kazaa; law; litigation; network; p2p; p2p network; sharing; states; supra note; u.s; united; users", "summary": "Despite the fact that the interests of U.S. copyright holders seemingly outweigh the potential for conflict with the laws of other nations, courts in the United States have traditionally been hesitant to go against the presumption against territoriality in copyright cases. 251 Even if one were to put aside any issues of international law and assume that every country in the world would rule in favor of the copyright holder, international litigation would still be a very daunting task due to the sheer number of P2P network users from many countries.", "mime": "application/pdf"}, {"id": "iiclr-17521", "words": "20878", "extension": ".pdf", "flesch": "61", "author": "Renwald, Jessica Zoe", "title": "Foreign Investment Law in the People's Republic of China: What to Expect From Enterprise Establishment to Dispute Resolution", "date": "2006", "keywords": "arbitration; arbitration law; award; china; chinese; cietac; commission; court; d. art; dispute; enforcement; enterprise; foreign; government; international; investment; law; laws; parties; party; people; regulations; rules; state; supra note", "summary": "This type of FDI vehicle generally takes the form of a company that is registered outside China in accordance with foreign laws. A foreign company mentioned in this Law means a company registered and incorporated outside the territory of the Peoples Republic of China in accordance with foreign laws.", "mime": "application/pdf"}, {"id": "iiclr-17522", "words": "12533", "extension": ".pdf", "flesch": "65", "author": "Rehman, Atif", "title": "The Court of Last Resort: Seeking Redress for Victims of Abu-Ghraib Torture Through the Alien Tort Claims Act", "date": "2006", "keywords": "abu; abuse; action; atca; claims; contractors; court; ghraib; international; law; military; nations; note; sosa; states; supra; torture; u.s; victims; war", "summary": "The civilian contractors in Iraq are essentially operating in lawlessness.7 Fortunately, Saleh and others like him may find solace in an old statute, 28 U.S.C. \u00a7 1350, the Alien Tort Claims Act (ATCA).s The ATCA enables aliens to bring claims in U.S. courts for certain actions that fall into a narrow category defined as violations of laws of nations. Essentially, Sosa argued that the ATCA was not designed to be a tool to enforce international laws in U.S. courts.'", "mime": "application/pdf"}, {"id": "iiclr-17523", "words": "15231", "extension": ".pdf", "flesch": "64", "author": "Lee, Jay", "title": "Equity and Innovation: Using Traditional Islamic Banking Models to Reinvigorate Microlending in Urban America", "date": "2006", "keywords": "banking; borrowers; business; equity; grameen; innovation; interest; islamic; jones; lending; loan; microcredit; microenterprise; microentrepreneurs; microfinance; money; people; poor; poverty; programs; rev; self; states; supra note; united; women; work", "summary": "By the end of 2001, the number of people in extreme poverty who benefited from microcredit programs rose to 26.8 million.7 An important component of this section is the welfare transition from Aid to Families with Dependent Children (AFDC) to Temporary Assistance for Needy Families (TANF) and its effect on microcredit programs.", "mime": "application/pdf"}, {"id": "iiclr-17525", "words": "12060", "extension": ".pdf", "flesch": "57", "author": "Gatmaytan-Mango, Dante", "title": "Artificial Judicial Environmental Activism: Oposa v. Factoran as Abberation", "date": "2007", "keywords": "act; case; code; court; ecc; environmental; g.r; government; law; phil; philippine; project; s.c.r.a; supreme; supreme court; vol", "summary": "Members of the judiciary and the public at large should be alerted to trends in Supreme Court decisions in order to gauge whether courts are performing their mandate to enforce directives of the Philippine Constitution. Supreme Court decisions should also be studied to see whether the institution is performing its duty to protect the right of every Filipino to a clean environment.", "mime": "application/pdf"}, {"id": "iiclr-17526", "words": "12189", "extension": ".pdf", "flesch": "65", "author": "Iraola, Roberto", "title": "The Federal Common Law of Bail in International Extradition Proceedings", "date": "2007", "keywords": "bail; cir; court; evidence; extradition; f. supp; f.2d; law; states; u.s; united; united states", "summary": "('The federal statute implementing United States extradition treaties with other nations ... does not provide for bail.); First, Wright teaches that in foreign extradition cases, there is a presumption against bail.65 Second, because international extradition proceedings are not considered criminal cases, 66 the criteria governing bail under the sections 3141- 60 of the Bail Reform Act do not apply.67 Third, the absence of a risk of flight does not constitute a special circumstance; it is an independent consideration.", "mime": "application/pdf"}, {"id": "iiclr-17527", "words": "8070", "extension": ".pdf", "flesch": "52", "author": "Mugwanya, George William", "title": "Realizing Universal Human Rights Norms Through Regional Human Rights Mechanisms: Reinvigorating the African System", "date": "1999", "keywords": "charter; commission; human; law; norms; note; oau; rights; rights norms; states; supra; system; u.n; violations", "summary": "PROBLEMS, PERSPECTiVESAND TEXTS (F. E. Dowrick ed., 1979) (examining human rights from a inter-disciplinary perspective); HUMAN RIGHTS: FROM RHETORIC TO REALITY (Tom Campbell et al. eds., 1986) (offering an analysis of various human rights issues, such as reproductive rights, medical treatment, criminal procedure, and labor issues); INTERNATIONAL PROTECTION OF HUMAN RIGHTS (Asbj6m Eide & August Schou eds., 1968) (acknowledging the need for more deliberate and expansive implementation of human rights measures worldwide). As to the nature of limitation and derogation clauses, see SUBRATA ROY CHOWDHURY, RULE OF LAW IN A STATE OF EMERGENCY (1989) (presenting an exhaustive and scholarly examination of the International Law Association's Paris Minimum Standards of Human Rights Norms in a State of Emergency that was promulgated in 1984); Gerald Erasmus, Limitation and Suspension, in RIGHTS AND CONSTITUTIONALISM, (Dawid van Wyk et al. eds., 1994); The Siracusa Principles on the Limitation and Derogation Provisions in the International Covenant on Civil and Political Rights 1984, reprinted in 7 HuM. RS. Q. 3-88 (1985) (consisting of commentary and working papers on limitation provisions and derogation clauses as compiled by a group of international law experts); JAIME ORAA, HUMAN RIGHTS IN STATES OF EMERGENCY IN INTERNATIONAL LAW (1992) (analyzing the main principles regulating human rights in emergencies as contained in the derogation clauses and in general international law).", "mime": "application/pdf"}, {"id": "iiclr-17528", "words": "8965", "extension": ".pdf", "flesch": "60", "author": "Jones, Colin P. A.", "title": "Law and Investment in Palau: A Brief Overview for Prospective Foreign Investors", "date": "2007", "keywords": "art; business; citizens; constitution; court; foreign; investment; land; law; non; note; ownership; palau; palauan; republic; rop; states", "summary": "Yachts Co. v. Palau Foreign Inv. Yachts Co. v. Palau Foreign Inv.", "mime": "application/pdf"}, {"id": "iiclr-17529", "words": "13131", "extension": ".pdf", "flesch": "52", "author": "Pasenack, Scott", "title": "The International Legal Obligation to Teach Worldism in U.S. Classrooms", "date": "1999", "keywords": "charter; court; education; general; human; international; law; nations; note; primary; rights; school; states; supra; teaching; u.n; u.s; united; united nations; united states; worldism", "summary": "International law and regional law morally and legally obligate the United States to teach worldism. Although only the U.N. Charter and the OAS Charter directly bind the United States, international law requires nations to comply with, if not specifically obey, the education provision of these other documents.", "mime": "application/pdf"}, {"id": "iiclr-17530", "words": "18277", "extension": ".pdf", "flesch": "66", "author": "Adams, Jeffrey", "title": "Why Come to Training Camp Out of Shape When You Can Work Out in the Off-Season and Lower Your Taxes: The Taxation of Professional Athletes", "date": "1999", "keywords": "athletes; canada; conditioning; contract; days; duty; games; income; income tax; individual; nonresident; player; resident; season; states; supra note; tax; taxation; taxes; team; united; united states", "summary": "Thejock tax has become a selective tax because states that tax nonresident athletes often do not tax other individuals who have greater contacts with the state. Therefore, the athletes who participate in these sports end up paying income tax to Canada on both the federal and provincial levels as well as to the United States.", "mime": "application/pdf"}, {"id": "iiclr-17531", "words": "27643", "extension": ".pdf", "flesch": "50", "author": "Kuruk, Paul", "title": "The Role of Customary Law Under Sui Generis Frameworks of Intellectual Property Rights in Traditional and Indigenous Knowledge", "date": "2007", "keywords": "access; act; art; communities; community; courts; custom; d. art; generis; groups; jurisdiction; knowledge; land; law; law rules; laws; maori; model law; national; native; note; practices; property; protection; recognition; resources; rev; rights; rules; sui; supra; supra note; system; tribal; use", "summary": "However, in Yumbulul v. Reserve Bank ofAustralia, an Australian court agreed with the claim that an indigenous painting reproduced on bank currency was an original artistic work in which copyright subsisted; the court recognized the plaintiff as the owner of the copyright.198 Similarly, in Bulun Bulun v. R & T Textiles Party Ltd., which involved an action for copyright infringement in connection with the importation and sale of fabric on which an indigenous painting had been reproduced, the court rejected the argument that Australia's Copyright Act of 1968 recognized the communal ownership interests of an indigenous group with rights to the painting under customary indigenous law. Unlike the limited period of protection for IP rights, customary law rights in traditional knowledge are held for an indefinite period.", "mime": "application/pdf"}, {"id": "iiclr-17532", "words": "17268", "extension": ".pdf", "flesch": "57", "author": "Graf, Jon C.", "title": "Has El Dorado Crumbled So Soon After Its Cornerstone Was Laid?: The State of International Refugee Law and the Repatriation of Bosnians in Germany", "date": "1999", "keywords": "asylum; bosnia; countries; country; economic; foreigners; germany; herzegovina; home; international; law; people; protection; refugee law; refugees; repatriation; return; right; state; supra note; text; war; world", "summary": "24 Regrettably, it appears as if the international community is already receptive to shifting the focus of refugee law away from the migrants and more toward state interests.2 5 This Note stands for the proposition that, although Germany has been an invaluable sanctuary for displaced peoples since the end of World War II, its current policies toward repatriating Bosnian refugees should be tempered by a more liberal view of temporary protection as a long-term, but not indefinite, approach to the extremely complex repatriation situation in Bosnia Herzegovina. As a result, hundreds of thousands of Bosnian refugees remain in Germany to date, their futures uncertain.", "mime": "application/pdf"}, {"id": "iiclr-17533", "words": "16540", "extension": ".pdf", "flesch": "53", "author": "Carlberg, Lindsay K.", "title": "The Agreement Between the United States and Vietnam Regarding Cooperation on the Adoption of Children: A More Effective and Efficient Solution to the Implementation of the Hague Convention on Intercountry Adoption or Just Another Road to Nowhere Paved with Good Intentions?", "date": "2007", "keywords": "act; adoption; agencies; children; countries; hague convention; implementation; intercountry; intercountry adoption; international; parents; states; supra note; treaty; u.s; united; united states; vietnam", "summary": "168 All Hague Convention accredited agencies and Hague Convention approved persons will need to meet the same standards to qualify as providers of adoption services for Hague Convention adoptions and to maintain the accreditation or approval. 176 The proposed section 101(b)(1)(G), however, modifies the existing immigration laws for children who come from Hague Convention countries; it requires that the child's parent or parents were unable to provide a suitable environment and that the parents have given written, irrevocable consent to terminate their parental rights with the child free of coercion.177 The next step in the new section 204(d)(2) requires the sending country's Central Authority to issue an adoption certificate as final evidence of the intercountry adoption.178 In contrast to the previous burdensome process, this conclusive evidence of the relationship between the prospective parents and the child will help smooth out immigration requirements for Hague Convention countries, such as by not requiring parents to readopt the child in the United STATE: How WILL THE UNITED STATES IMPLEMENT THE HAGUE CONVENTION?].", "mime": "application/pdf"}, {"id": "iiclr-17534", "words": "13113", "extension": ".pdf", "flesch": "64", "author": "Hawkins, Adam C.", "title": "Antidumping Beyond the GATT 1994: Supporting International Enactment of Legislation Providing Supplemental Remedies", "date": "1999", "keywords": "act; agreement; alford; antidumping; co.; f. supp; gatt; market; moller; remedies; states; steel; supp; supra note; trade; united", "summary": "But it was clear that Congress was afraid of unfair European competition and that, through the 1916 Act, Congress intended to place foreign producers on the same footing as domestic producers 68. Second, trade liberalization, which has substantially reduced tariffs, has brought increased exposure to foreign competition for domestic producers.'", "mime": "application/pdf"}, {"id": "iiclr-17535", "words": "14305", "extension": ".pdf", "flesch": "56", "author": "Casselman, Joshua W.", "title": "China's Latest 'Threat' to the United States: The Failed CNOOC-Unocal Merger and its Implications for Exon-Florio and Cfius", "date": "2007", "keywords": "cfius; china; cnooc; congress; exon; florio; gao; investment; national; note; oil; president; review; security; states; supra; supra note; treasury; u.s; united; unocal", "summary": "These factors include: domestic production needed for projected national defense requirements; whether domestic industries have the capability and capacity to meet national defense requirements, which include such things as human resources, technology, and materials; the potential effects of the transactions on the sales of military goods, equipment, or technology to a country that supports terrorism or proliferates missile technology or chemical or biological weapons; and the potential effects of the transaction on U.S. technological leadership in areas affecting U.S. national security. ' See also id. (arguing that any threat to U.S. national security posed by the CNOOC- Unocal case was remote at best).", "mime": "application/pdf"}, {"id": "iiclr-17536", "words": "20633", "extension": ".pdf", "flesch": "62", "author": "Kaliser, Marc S.", "title": "A Modern Day Exodus: International Human Rights Law and International Humanitarian Law Implications of Israel's Withdrawal from the Gaza Strip", "date": "2007", "keywords": "article; convention; d. art; d. principle; gaza; general; human; icescr; international; israel; law; military; nations; palestinian; para; persons; principles; rights; rights law; state; strip; supra note; text; u.n; udhr; united", "summary": "It continues by identifying and exploring the various sources and forms of international human rights law and international humanitarian law applicable to the situation in the Gaza Strip. 1 44 Hence, international human rights law was born.", "mime": "application/pdf"}, {"id": "iiclr-17537", "words": "14172", "extension": ".pdf", "flesch": "58", "author": "Lynch, Mark D.", "title": "The Smart Money Is on Prosecutions: Using the Federal Interstate Wire Act to Prosecute Offshore Telephone Gambling Services", "date": "1999", "keywords": "act; betting; business; court; defendant; gambling; gambling services; government; individuals; jurisdiction; services; sports; telephone; telephone gambling; u.s; united states; wagers; wire; wire act", "summary": "Permitting Americans to place wagers with U.S. gambling services and casinos would have the natural benefit of allowing the government to regulate this activity. Part III will outline existing U.S. laws that could be applied to offshore gambling services.", "mime": "application/pdf"}, {"id": "iiclr-17538", "words": "18086", "extension": ".pdf", "flesch": "59", "author": "Kissel, Trina K.", "title": "License to Blog: Internet Regulation in the People's Republic of China", "date": "2007", "keywords": "access; administration; blog; ccp; censorship; china; chinese; citizens; content; control; dec; government; hereinafter; information; internet; measures; news; online; party; people; regulations; state; supra note; technology; users; websites", "summary": "67 Another Internet-related conviction in 2005 captured the attention of Chinese Internet users. Although Chinese Internet users would not have been able to read his articles because the website had been blacklisted by the Party for some time, Zheng was arrested and sentenced to seven years imprisonment for subversion.", "mime": "application/pdf"}, {"id": "iiclr-17540", "words": "8940", "extension": ".pdf", "flesch": "51", "author": "Yu, Tianlong", "title": "An Anti-Unfair Competition Law Without a Core: An Introductory Comparison Between U.S. Antitrust Law and the New Law of the People's Republic of China", "date": "1994", "keywords": "act; acts; antitrust; article; business; law; laws; new; penalties; u.s; violations", "summary": "The Core Part of Antitrust Law Violations Is Missing in tMe New Law The traditional violations under U.S. antitrust laws include (1) horizontal and vertical price fixing, as prohibited under Section I of the Sherman Act;8 (2) tying arrangements and exclusive dealing as prohibited under Section 1 of the Sherman Act and Section 3 of the Clayton Act;9 (3) anti-competitive group boycotts as prohibited under Section 1 of the Sherman Act; 10 (4) anti-competitive monopolization, attempted monopolization and conspiracies to monopolize as prohibited under Section 2 of the Sherman Act;11 (5) discriminatory pricing and illegal brokerage payments as prohibited under the Robinson-Patman Act, as amended to Section 2 of the Clayton Act; 12 and (6) anti- competitive mergers and acquisitions as prohibited under Section 7 of the Clayton Act. 13 New Law, art.", "mime": "application/pdf"}, {"id": "iiclr-17541", "words": "10561", "extension": ".pdf", "flesch": "52", "author": "Browning, Minde Glenn", "title": "International Trademark Law: A Pathfinder and Selected Bibliography", "date": "1994", "keywords": "agreement; convention; indus; intellectual; international; law; madrid; madrid agreement; marks; note; paris; prop; property; protection; protocol; registration; rep; states; supra; trademark; trademark rep; treaty; united", "summary": "Also, United States law provides grounds for attacking United States trademark re- gistrations not recognized in other countries, thus rendering United States trademark owners more vulnerable under the Madrid Agreement than are other Madrid Union members. United States trademark law provides equivalent protection for Paris Union trademark owners and United States citizens.16 GAZETTE 23, August 3, 1948; Lisbon revision of 1958, 53 STAT.", "mime": "application/pdf"}, {"id": "iiclr-17542", "words": "18055", "extension": ".pdf", "flesch": "61", "author": "Ammeen, Jr., James J.", "title": "Modern Russian Secured Transaction Law and Foreign Investors' Rights Thereunder", "date": "1994", "keywords": "act art; bankruptcy; collateral; contract; creditor; d. art; debtor; enterprise; interest; investment; law; lender; mortgage; mortgage act; mortgagor; obligation; parties; party; property; rights; russian; security", "summary": "Part IV.A inquires into foreign investor's rights under Russian property law, and Part IV.B looks into foreign investment law and treaties. A change in Russian property law giving foreign investors the right to take title, and thus security interests, in real property would reduce risk and transaction costs in cross-border lending, with the likely effect of in- creasing the flow of foreign capital into the Russian economy.", "mime": "application/pdf"}, {"id": "iiclr-17543", "words": "9378", "extension": ".pdf", "flesch": "65", "author": "Roth, Michael", "title": "Universal Health Care: Concerns For American Physicians, Using The Canadian Experience as a Model", "date": "1994", "keywords": "canada; canadian; care; clinton; health; health care; insurance; medical; physicians; plan; president; services; supra note; system; universal", "summary": "An even cheaper option would be a health maintenance organization (HMO) that provides health care at a fixed price, with some waiting and rationing of specialists' services.3 4 Since consumers will have a choice, health care economists believe that consumers will economize by shifting away from basic fee-for-service care toward HMOs and PPOs and drive down health care costs. 3 Polls suggest that a majority of Americans are insecure about their health care coverage and are discouraged about the soaring cost of health care, which rose from $250 billion in 1980 to more than $900 billion in 1993.4 Health care costs have been expanding at a rate of ten percent a year, faster than the nation's overall economic growth.", "mime": "application/pdf"}, {"id": "iiclr-17544", "words": "12397", "extension": ".pdf", "flesch": "54", "author": "Schumacher, Jr., P. James", "title": "Legal Disincentives to Japanese Direct Investment in the United States", "date": "1994", "keywords": "act; american; business; costs; discrimination; economic; employment; environmental; foreign; investment; investor; japanese; liability; note; potential; states; supra; supra note; title; united; united states", "summary": "l A. Disturbing Trends When viewed from a global perspective, the recent decrease in Japanese direct investment in the United States reveals disturbing trends. These economic anti-Jap- anese biases stand in stark contrast to Southeast Asian nations which, not only welcome, but actively recruit Japanese direct investment.", "mime": "application/pdf"}, {"id": "iiclr-17545", "words": "11180", "extension": ".pdf", "flesch": "63", "author": "Day, Phillip Gustavo", "title": "The Grapes of Wrath: The Discretionary Function Exception of the Federal Tort Claims Act \u00a72680(a), as Applied to the Chilean Grape Crisis of 1989", "date": "1994", "keywords": "chilean; court; cyanide; decision; exception; fda; fruit; function; government; grapes; judgment; note; policy; states; supra; united", "summary": "2 8 While the predominant goal of FDA policy is the protection of the public health, the exercise of sound scientific laboratory practices is essential in determining when protection is nec- essary. United States v. Wunderlich, 342 U.S. 98, 101 (1951) (Douglas, J., dissenting).", "mime": "application/pdf"}, {"id": "iiclr-17546", "words": "9943", "extension": ".pdf", "flesch": "56", "author": "Schnerre, Marion G.", "title": "Antidumping, a Choice between Unilateral Duties or Negotiation of a Suspension Agreement: The Aftermath of Techsnabexport, Ltd. v. United States", "date": "1994", "keywords": "act; antidumping; commerce; court; determination; investigation; jurisdiction; review; states; tenex; trade; united", "summary": "Antidumping, A Choice between Unilateral Duties or Negotiation of a Suspension Agreement: The Aftermath of Techsnabexport, Ltd. v. United States Antidumping, A Choice Between Unilateral Duties or Negotiation of a Suspension Agreement: The Aftermath of Techsnabexport, Ltd. v. United States I. INTRODUCTION More than a century has passed since the Sherman Antitrust Act of f890,1 the first major body of law regulating foreign trade in the United States, was enacted. 2. Michael Huecker, Nichimen America, Inc. v. United States: The Federal Circuit Untangles the Statutory Framework for Review of Antidurtping Proceedings, 17 N.C. J. INT'L L. & COM. REG.", "mime": "application/pdf"}, {"id": "iiclr-17548", "words": "20244", "extension": ".pdf", "flesch": "57", "author": "Ash, Robert Weston", "title": "Square Pegs and Round Holes: Al-Qaeda Detainees and Common Article 3", "date": "2007", "keywords": "article; article 3; brief; cmt; conference; conflicts; contracting; conventions; emphasis; geneva; icrc; international; law; parties; provisions; states; supra note; war; wars", "summary": "[hereinafter Goodman Brief] (arguing that Common Article 3 provides the minimum humanitarian rules applicable in all armed conflicts-even those that also qualify as international armed conflicts within the meaning of Common Article 2); Brief for International Human Rights Organizations Center for Constitutional Rights et al. Given the slow, painstaking process that was required to develop rules governing international armed conflicts, it is both illogical and absurd to believe that States would knowingly cede such broad sovereign rights regarding internal conflicts the first time they were requested to do SO.121 119.", "mime": "application/pdf"}, {"id": "iiclr-17549", "words": "23734", "extension": ".pdf", "flesch": "62", "author": "Peoples, Lee Faircloth", "title": "Controlling the Common Law: A Comparative Analysis of No-Citation Rules and Publication Practices in England and the United States", "date": "2007", "keywords": "american; arguments; cases; citation rules; committee; court; decisions; england; english; federal; judges; judgments; judicial; law; munday; opinions; practice; precedent; publication; reporting; reports; rev; schiltz; states; supra note; system; united; united states", "summary": "This Article compares the publication practices and citation rules of the federal courts of appeals in the United States with the English House of Lords and Supreme Court of Judicature.5 Accordingly, the legal system of England and Wales is addressed (hereinafter referred to as England for the sake of brevity and consistency).6 0 The Judicial Conference left publication practices and citation rules undisturbed for several decades.'", "mime": "application/pdf"}, {"id": "iiclr-17552", "words": "36429", "extension": ".pdf", "flesch": "52", "author": "Sneek, Th. J. W.", "title": "The CSCE in the New Europe: From Process to Regional Arrangement", "date": "1994", "keywords": "action; agencies; arrangements; article; charter; conference; consensus; cooperation; council meeting; csce; cso; decisions; disputes; europe; european; framework; general; helsinki; human; int'l; international; meeting; nations; new; paragraph; peace; peacekeeping; position; principles; proposals; provisions; security council; settlement; states; summit; supra note; u.n; united", "summary": "The Geneva Meeting was illustrative for the deep division among CSCE States regarding minority rights. The Minsk group consists of the Participating States which make up the Troika, both Republics and six other CSCE States, including the United States and Russia.", "mime": "application/pdf"}, {"id": "iiclr-17553", "words": "19786", "extension": ".pdf", "flesch": "64", "author": "Shoenberger, Allen", "title": "Privacy Wars: EU versus US: Scattered Skirmishes, Storm Clouds Ahead", "date": "2007", "keywords": "app; article; case; convention; costs; court; damages; data; echr; eur; european; euros; h.r; kingdom; law; police; privacy; protection; public; rep; rights; states; surveillance; telephone; u.s; united; united states; v. united; violation", "summary": "These principles are essentially absent in United States privacy laws. (2) There shall be no interference by a public authority with the exercise of this right except such as in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.5 \u00b0 At first glance the guarantee of respect in Article 8, Section 1, appears to be vitiated by the broad exceptions of Section 2. ECHR case law, however, demonstrates that the opposite is correct.", "mime": "application/pdf"}, {"id": "iiclr-17554", "words": "17007", "extension": ".pdf", "flesch": "68", "author": "Carson, Amy Ochoa", "title": "East Timor's Land Tenure Problems: A Consideration of Land Reform Programs in South Africa and Zimbabwe", "date": "2007", "keywords": "africa; claims; country; d. east; east timor; fitzpatrick; government; indonesia; land; land reform; land tenure; law; new; people; portuguese; problems; program; property; south; supra note; time; timorese; titles; zimbabwe", "summary": "Thus, East Timor is in dire need of laws to determine ownership of land and new, progressive forms of land reform. This Note assesses the prospects for success of these various land claims and provides a comparative analysis to land reform that occurred in South Africa post-apartheid and Zimbabwe post- colonialism.", "mime": "application/pdf"}, {"id": "iiclr-17555", "words": "11625", "extension": ".pdf", "flesch": "56", "author": "Ward, Ian", "title": "The Best of All Possible Worlds? Maastricht and the United Kingdom", "date": "1994", "keywords": "article; community; constitutional; court; european; government; law; maastricht; major; note; order; principle; rev; sovereignty; subsidiarity; treaty", "summary": "Such was the strength of rebel feeling, and the incontrovertibility of their argument, that Major was forced, paradoxically, to take the stand that the vote was purely and simply a confidence vote, and moreover, that given the presence of the principle of subsidiarity in the Maastricht Treaty, the actual bill itself was of very little significance. In the words of one political commentator: The absence of clear guidelines ... tends to suggest that the reason why the definition of subsidiarity in the Maastricht Treaty is so vague is precisely because there can be little agreement at a political level on the substance of the concept in the European Community today.", "mime": "application/pdf"}, {"id": "iiclr-17556", "words": "9425", "extension": ".pdf", "flesch": "49", "author": "Goldman, Michael W.; McClintock, Michael C.; Tallaksen, James J.; Wolkowitz, Richard J.", "title": "An Introduction to Direct Foreign Investment in Mexico", "date": "1994", "keywords": "art; direct; fic; fil; foreign; investment; investors; law; mexican; mexico; nafta; new; note; president; regulations; supra; supra note; trade", "summary": "In 1917, Mexico adopted a new Constitution 24 which imposed restrictions on foreign investment. Foreign investment was particularly heavy in the railroad, construction, and mining sectors, and, to a lesser extent, in public utilities, banking, real estate, manufacturing and commerce.", "mime": "application/pdf"}, {"id": "iiclr-17557", "words": "15924", "extension": ".pdf", "flesch": "55", "author": "Laun, Christina", "title": "The Central American Free Trade Agreement and the Decline of U.S. Manufacturing", "date": "2007", "keywords": "agreement; american; benefits; cafta; central; china; cost; countries; country; decline; free; high; jobs; labor; manufacturers; manufacturing; mar; new; note; president; states; supra; supra note; trade; trade agreement; u.s; united; united states; workers", "summary": "See Gresser, supra note 30 (noting that CAFTA countries purchased $15 million worth of U.S. goods in 2004). Previous Free Trade Agreements and the Loss of Manufacturing It comes as no surprise that CAFTA may potentially result in a decline of U.S. manufacturing jobs since previous free trade agreements have resulted in a similar decline.62 Specifically, NAFTA, an agreement between the United States, Mexico, and Canada,6 3 has resulted in a loss of approximately 1.5 million U.S. manufacturing jobs64 since its enactment on January 1, 1994.65", "mime": "application/pdf"}, {"id": "iiclr-17558", "words": "6498", "extension": ".pdf", "flesch": "58", "author": "Wunsch, Gerald A.", "title": "Why NAFTA's Immigration Provisions Discriminate Against Mexican Nationals", "date": "1994", "keywords": "annex; business; entry; mexican; mexico; nafta; party; section; states; trade; u.s; united", "summary": "First, the Attorney General is given the authority to establish the annual quota of 5,500 that applies to Mexican NAFTA professionals. NAFTA business persons engaging in one of the listed professions must present documentation that they possess the minimum education or licensing credentials set out in Appendix 1603.D. 1, which generally is at least a baccalaureate or licenciatura degree, and also must be prepared to demonstrate that they will practice in the profession.", "mime": "application/pdf"}, {"id": "iiclr-17559", "words": "11056", "extension": ".pdf", "flesch": "56", "author": "Coughlin, Paulee A.", "title": "The Movement of Consumer Protection in the European Community: A Vital Link in the Establishment of Free Trade and a Paradigm for North America", "date": "1994", "keywords": "community; consumer protection; consumers; european; free; goods; health; laws; market; nafta; note; protection; safety; states; supra; trade", "summary": "'45 And, consumer protection law centralized at the Community level may be the only effective form of regulation for the health and safety of consumers.46 To remedy the conflict between free trade and consumer protection, the EC has attempted to create a Community consumer policy that shields consumers from the dangers inherent in conflicting national laws. Consequently, the movement of consumer protection that accompanied the European Community's implementation of cross-border trade demonstrates a formidable challenge to the realization of a North American free trading zone: the harmonization of consumer protection laws.", "mime": "application/pdf"}, {"id": "iiclr-17560", "words": "14162", "extension": ".pdf", "flesch": "63", "author": "Dallmann, Peggy D.", "title": "The Hague Convention on Parental Child Abduction: An Analysis of Emerging Trends in Enforcement by U.S. Courts", "date": "1994", "keywords": "article; case; child; children; court; custody; hague convention; international; law; residence; return; rights; states; supra note; united", "summary": "In ordering the mother to return with her children to Canada, the New York court took judicial notice of Ontario law regarding child custody. The ICARA states that notice shall be provided in accordance with the local applicable law governing such notice in international child custody proceedings,77 indicating that notice must be made consistently with the dictates of the UCCJA and the PKPA.", "mime": "application/pdf"}, {"id": "iiclr-17561", "words": "13274", "extension": ".pdf", "flesch": "49", "author": "Rokita, Theodore Edward", "title": "Why U.S.-Enforced International Flight Suspension Due to Deficient Foreign Airport Security Should Be a No-Go", "date": "1994", "keywords": "airport; airport security; aviation; dot secretary; flight; foreign; international; lagos; lagos airport; public; security; security act; states; suspension; u.s; united", "summary": "As a result of the alleged deficiency, the DOT Secretary suspended domestic air carrier flights and foreign air carrier flights that operated directly between that airport and the United States. What should be clear from the ATA-Lagos airport situation, however, is the fact that the Security Act vests in the DOT and State Secretaries the power to suspend U.S. air carrier and foreign air carrier flights between the United States and a given airport even though the act of suspension may not necessarily, or likely, keep travelers safe.", "mime": "application/pdf"}, {"id": "iiclr-17562", "words": "11812", "extension": ".pdf", "flesch": "59", "author": "Crowder, Richard W.", "title": "Restitution in the Czech Republic: Problems and Prague-nosis", "date": "1994", "keywords": "art; claims; czech; czechoslovakia; d. art; government; land; law; laws; note; privatization; process; property; reform; republic; restitution; restitution law; state; supra", "summary": "Also analyzed are the effects of Czech restitution laws on the privatization process, and economic and democratic reform in the Czech Republic. However, after implementing restitution laws, the government realized that these laws had quite the opposite effect.", "mime": "application/pdf"}, {"id": "iiclr-17564", "words": "9408", "extension": ".pdf", "flesch": "58", "author": "Roisman, Florence Wagman", "title": "Using International and Foreign Human Rights Law in Public Interest Advocacy", "date": "2008", "keywords": "american; court; housing; human; international; justice; law; note; public; rev; rights; rights law; states; supra; u.n; u.s; united", "summary": "An illuminating instance of the non-litigation use of international human rights law occurred in connection with one of the most important civil rights / human rights decisions of the U.S. Supreme Court, Shelley v. Kraemer, and its companion, Hurd v. Hodge, in which the Court barred the judicial enforcement of racially restrictive covenants. Connie de la Vega, Andy Scherer, Maria Foscarinis, and other legal services and public interest lawyers have been using and writing about using international human rights law in our advocacy.", "mime": "application/pdf"}, {"id": "iiclr-17565", "words": "31946", "extension": ".pdf", "flesch": "60", "author": "Rasnic, Carol Daugherty", "title": "Die Kundigung, Licenciement, Recesso Dal Contrato, 'Firing', or 'Sacking': Comparing European and American Laws on Management Prerogatives and Discretion in Termination Decisions", "date": "2008", "keywords": "act; american; art; business; cause; company; contract; council; court; days; dismissal; employer; employment; european; federal; labor; law; laws; legislation; management; minimum; months; note; notice; pay; payments; period; redundancy; rule; sec; service; social; states; statute; statutory; supra; supra note; termination; time; union; worker; works; years", "summary": "In addition to propagating legal protections for workers, the ILO also tracks international labor legislation and provides a summary of domestic laws affecting worker termination. Three sections of the French Labor Code (Code du Travail) apply to worker terminations.", "mime": "application/pdf"}, {"id": "iiclr-17566", "words": "10904", "extension": ".pdf", "flesch": "54", "author": "Sakmar, Susan L.", "title": "Bringing Energy Trade Into the WTO: The Historical Context, Current Status, and Potential Implications for the Middle East Region", "date": "2008", "keywords": "countries; energy; energy services; energy trade; investment; negotiations; new; note; oil; opec; round; saudi; sector; security; services; states; supra; trade; united; world; wto", "summary": "[Vol. 18:1 BRINGING ENERGY TRADE INTo THE WTO near future, Section IV of this paper analyzes the demandeurs' proposal regarding freer trade in energy services. [Vol. 18:1 BRINGING ENERGY TRADE INTO THE WTO freer trade in energy services.", "mime": "application/pdf"}, {"id": "iiclr-17567", "words": "17628", "extension": ".pdf", "flesch": "51", "author": "Wardle, Lynn D.", "title": "The Hague Convention on Intercountry Adoption and American Implementing Law: Implications for International Adoptions by Gay and Lesbian Couples and Partners", "date": "2008", "keywords": "adoption; american; art; central; children; convention; couples; d. art; gay; hague; hague convention; hcia; intercountry adoption; law; lesbians; nations; note; recognition; rev; states; supra; supra note; united; united states", "summary": "Facially, it appears nothing in the International Adoption Act or its implementing regulations generally requires or encourages adoptions by gays and lesbians or directly overturns state adoption policies on this issue. It appears that nothing in the procedural requirements of the IAA or its implementing regulations directly encourages or discourages adoptions by gays and lesbians or directly overturns state adoption policies on this issue.", "mime": "application/pdf"}, {"id": "iiclr-17568", "words": "16547", "extension": ".pdf", "flesch": "61", "author": "Brower, Adam", "title": "Rethinking NAFTA's NAALC Provision: The Effectiveness of its Dispute Resolution System on the Protection of Mexican Migrant Workers in the United States", "date": "2008", "keywords": "agreement; countries; dep't; employment; guide; labor; laws; mexican; mexico; migrant; naalc; nafta; nao; protection; rights; states; submission; summary; supra note; u.s; united; workers", "summary": "Mirroring that debate should be a discussion of the NAALC's inclusion of migrant worker protection in its eleven core Labor Principles, and whether the NAALC has been both proficient and effective in actually protecting Mexican migrant workers in the United States. Conservative estimates have Mexican migrant workers at three-and-one-half percent65 of the U.S. workforce, while other approximations have these numbers closer to four 57.", "mime": "application/pdf"}, {"id": "iiclr-17569", "words": "21587", "extension": ".pdf", "flesch": "64", "author": "Burt, Sarah D.", "title": "Pension Protection? A Comparative Analysis of Pension Reform in the United States and the United Kingdom", "date": "2008", "keywords": "act; assets; benefit; contributions; employer; funding; investment; liabilities; minimum; participant; pbgc; pension; pension plan; plan; protection; retirement; risk; scheme; states; supra note; trustees; united; year", "summary": "do,335 is a more prudent way to generate revenue for that agency than by allowing Congress to determine the revenue, as the United States' PPA 2006 does for the PBGC.336 However, allowing the United Kingdom's PPF to determine how much revenue it needs to generate,337 then collecting different designated amounts from each pension scheme is more complicated and likely more costly than charging a flat rate per participant.338 Finally, both the United States' PPA 2006 and the United Kingdom's PA 2004 do assess a risk based premium, so that pension plans that are more likely to terminate, and thus be taken over by the appropriate agency, are paying a higher premium than pension plans that pose less risk of being taken over.339 Finally, while the United States' PBGC was created to protect pension income for pension plan participants, the United Kingdom's PA 2004 has broken up this function into two different agencies. Finally, it should not matter what specifically caused the loss, as the most important factor is that pension plan participant benefits are insured.", "mime": "application/pdf"}, {"id": "iiclr-17570", "words": "20423", "extension": ".pdf", "flesch": "65", "author": "McGiverin, Brian", "title": "In the Face of Danger: A Comparative Analysis of the Use of Emergency Powers in the United States and the United Kingdom in the 20th Century", "date": "2008", "keywords": "act; analysis; comp; congress; court; emergency; emergency powers; executive; government; int'l; kingdom; law; legislation; military; parliament; people; powers; public; rev; rights; states; supra note; terrorism; time; u.s; united; united states; use; war", "summary": "Section II delves into a comparative analysis of emergency powers in the United States and the United Kingdom - first a legal/political analysis of the means through which emergency power can be exercised by the respective government, followed by an historical evaluation of how those powers have actually been utilized. This is not necessarily so, however, because although the activation of emergency powers moves a state to a juridical order different than that used during normal circumstances, it is possible for the principles of self-restrained government to continue serving as a bridle for state power.26 What is required is a division between the authority to trigger emergency power and the authority to exercise emergency power.27 Justice Souter opined:", "mime": "application/pdf"}, {"id": "iiclr-17572", "words": "15462", "extension": ".pdf", "flesch": "61", "author": "Levy, David A.", "title": "Financial Leasing Under the UNIDROIT Convention and the Uniform Commercial Code: A Comparative Analysis", "date": "1995", "keywords": "article; code; equipment; international; law; lease; leasing agreement; leasing convention; lessee; lessor; republic; right; states; supplier; supply; supra note; u.c.c", "summary": "\u00a7\u00a7 1310.01 to .78 (Anderson 1993); Oklahoma, OKLA. \u00a7\u00a7 2A.101 to .532 (West 1994); Utah, UTAH CODE ANN.", "mime": "application/pdf"}, {"id": "iiclr-17573", "words": "24747", "extension": ".pdf", "flesch": "62", "author": "Pomerance, Michla", "title": "Seeking Judicial Legitimation in the Cold War: U.S. Foreign Policy and the World Court, 1948-1962", "date": "1995", "keywords": "admission; article; assembly; charter; council; court; gaor; general; international; mtg; nations; opinion; question; request; security; sess; soviet; states; u.n; u.s; united; united states; vote; war", "summary": "[Vol. 5:2 WORLD COURT IN THE COLD WAR The context in which the Court's opinion was sought was the threatened insolvency of the United Nations resulting from the failure of many states to share in the expenses of one or both of the costly peacekeeping operations then in progress-UNEF (the U.N. Emergency Force in Sinai) and ONUC (the U.N. Force in the Congo). Cuba, in particular, was taking steps to move the issue to the Security Council, and, as Jessup attested, the United States staff [at the U.N.] had difficulty in dissuading Cuba from adopting this course.47 To bolster its case against immediate reference to the U.N., the State Department marshalled an array of additional arguments which included the following points .4 As non-U.N. members, the three delinquent countries were not bound by the Charter and would certainly refuse to answer charges brought against them in the world organization.", "mime": "application/pdf"}, {"id": "iiclr-17574", "words": "17065", "extension": ".pdf", "flesch": "57", "author": "Panos, Nicholas", "title": "The Emergence of United States Mutual Funds in Domestic Commercial Banks and Japan", "date": "1995", "keywords": "assets; bank; business; companies; company; firms; fund; industry; int'l; investment; investment company; investment trust; japan; japanese; management; market; note; percent; rev; securities; supra; trust management; trusts; u.s", "summary": "Foreign investment trust funds have been allowed to offer shares to the Japanese public since the end of January 1973, and only then if they fulfilled the requirements of Regulations Concerning the Trading in Foreign 123. This decision came in the wake of 1970 amendments to the 1933 and 1934 Securities Acts, which provided express exemptions to registration for bank common trust funds.", "mime": "application/pdf"}, {"id": "iiclr-17575", "words": "14012", "extension": ".pdf", "flesch": "56", "author": "Milone, Kim L.", "title": "Dithering Over Digitization: International Copyright and Licensing Agreements between Museums, Artists, and New Media Publishers", "date": "1995", "keywords": "artists; artwork; berne; convention; copyright; law; licensing; media; museums; new; note; protection; public; publishers; rights; states; supra; supra note; technology; u.s; works", "summary": "An examination of U.S. copyright law, including the 1909 and 1976 Codes, and the influence of the Berne Convention for the Protection of Literary and Artistic Works74 on the 1976 Code is necessary to set the stage for a discussion of international infringement and the choice of law and contracts questions so tied to transactions in the digital age. Furthermore, U.S. copyright law needs to be revised to reflect the rapidly changing technological context of copyright disputes, revisions which are unlikely in the near future.", "mime": "application/pdf"}, {"id": "iiclr-17576", "words": "14995", "extension": ".pdf", "flesch": "61", "author": "Karpe, Craig R.", "title": "European Cultural Protectionism and the Socioeconomic Forces That Will Defeat It", "date": "1995", "keywords": "american; audiovisual; broadcast; distribution; european; file; film; french; industry; int'l; library; market; media; member; news; percent; producers; production; protectionism; quota; services; states; supra note; system; television; trade; twfd", "summary": "In the past ten years, European films have lost fifty percent of the European cinema screens and two thirds of the audience.' Only twenty percent of European films get distribution outside their country of origin, and almost none achieve the box office success of their Hollywood counterparts.9 1. National Subsidies Sixty-five percent of European films in production during the summer of 1994 received some kind of Member State subsidy.56 In some cases, the subsidy is relatively small, but may still act to stimulate additional investment.", "mime": "application/pdf"}, {"id": "iiclr-17577", "words": "14111", "extension": ".pdf", "flesch": "63", "author": "Hatter Jr., John P.", "title": "The Doctrine of Equivalents in Patent Litigation: An Analysis of the Epilady Controversy", "date": "1995", "keywords": "art; cir; claim; corp; court; d. art; device; doctrine; equivalents; f.2d; fed; improver; infringement; patent; spring", "summary": "The doctrine of equivalents emerged to deal with this problem.4 Some courts have doubted whether the doctrine of equivalents automatically should be considered in every case where literal infringement is not present: Application of the doctrine of equivalents is the exception, however, not the rule, for if the public comes to believe (or fear) that the language of patent claims can never be relied on, and that the doctrine of equivalents is simply the second prong of every infringement charge, regularly available to extend protection beyond the scope of the claims, then claims will cease to serve their intended purpose. In contrast, at trial before the English Patents Court, the Smooth and Silky was held not to have infringed on the Epilady patent.93 The Epilady dispute serves to illustrate the substantive contradictions among the national approaches in regard to patent claim interpretation.", "mime": "application/pdf"}, {"id": "iiclr-17578", "words": "9818", "extension": ".pdf", "flesch": "58", "author": "Owen, Allison K.", "title": "Death Row Inmates or Organ Donors: China's Source of Body Organs for Medical Transplantation", "date": "1995", "keywords": "asia; china; consent; death; international; law; nations; note; organs; prisoners; procurement; rights; supra; transplantation; united", "summary": "CODA proposes a new, comprehensive, national approach to the donation of human organs for transplantation purposes with its National Organ Donor Registry and broad acceptance of the concept of mandated choice. hawking human organs on the street comers, or an auction in which desperate recipients bid against each other for life sustaining organs.", "mime": "application/pdf"}, {"id": "iiclr-17580", "words": "21455", "extension": ".pdf", "flesch": "55", "author": "Evans, Justin W.", "title": "The Magic Confluence: American Attorneys, China's Rise, and the Global Value Chain", "date": "2008", "keywords": "american; attorneys; bar; business; chain; china; chinese; clients; firms; government; hong; int'l; international; kong; law; law firms; lawyers; mar; market; note; practice; rev; rise; services; states; supra; trade; u.s; united; value; venture; world", "summary": "First, they declare, the English language capabilities of Chinese law firms have improved over the last ten years.52 Though not implausible, there does not appear to be any concrete data to substantiate this claim. See generally Glenda Korporaal, China's Homegrown Lawyers Step into the International Spotlight, THE AusTRAI.AN, May 5, 2006, at 29 (detailing how Chinese law prohibits foreign law firms from practicing domestic law in China and how Chinese law firms are more educated with regard to China's legal eccentricities).", "mime": "application/pdf"}, {"id": "iiclr-17581", "words": "30677", "extension": ".pdf", "flesch": "45", "author": "Holloway, James E.; Seeman, Elaine; O'Hara, Margaret; Forst, Arno", "title": "Analytics for Business, Policy and Law in a Comparative Review of Enhanced Wireless Emergency Number Call Services Systems in the European Union and United States", "date": "2008", "keywords": "business; carriers; emergency; emergency number; emergency services; eu policy; information; interests; location; location information; making; market; number; number services; policies; policy; policy forces; policy guidance; public; regulation; safety; services; states; supra; supra note; technologies; technology; telecommunications; u.s; wireless", "summary": "In state policy-making, unemployment, tax, privacy, fiscal or another state force may influence state policy choices and priorities of state legislative or policy- making bodies assign to implementing a non-mandatory EU and U.S. public policy or public interest, such as public safety.3 9 Addressing how U.S. and EU enhanced wireless emergency call services policies could be greatly influenced by a state force, such as culture, fiscal or economy, is not within the scope of this paper, but a state's delay in implementing U.S. and EU enhanced emergency services policies may deny emergency assistance to wireless subscribers. In contrast, EU public safety policy does not share the U.S. preference for public mandates and primarily leaves the authority to impose public obligations to the member states.", "mime": "application/pdf"}, {"id": "iiclr-17583", "words": "21499", "extension": ".pdf", "flesch": "54", "author": "Congdon, Renee Suarez", "title": "Comparing Employer Sanctions Provisions and Employment Eligibility Verification Procedures in the United States and the United Kingdom", "date": "2008", "keywords": "act; data; eligibility; employee; employers; employment; enforcement; gao; government; home; immigration; immigration enforcement; ind; information; kingdom; national; office; program; rev; sanctions; states; supra note; system; u.s; united; united states; verification; workers", "summary": "26 The United States government officially indicated its approval of U.S. employers using Mexican labor in 1942 by entering into the Bracero Treaty with Mexico, which established a new guest worker program through which Mexican laborers (braceros) would enter into temporary employment contracts with U.S. agricultural employers.27 Despite this legal means of migration, evidence indicates a substantial increase in illegal migration occurred during this time.28 Several factors examined in the aggregate appear to have encouraged employers to hire illegal Mexican migrants. \u00b0 Second, illegal migration was attractive to Mexicans because the economy of Mexico could not support its population, American jobs paid better than Mexican jobs, and more Mexicans wanted to migrate than there were slots available in the Bracero Program. 31 Third, even though the U.S. government was aware of the increasing numbers of illegal migrants crossing the border, Congress reduced funding for the Border Patrol, thereby decreasing efforts to prevent illegal migrants from entering the country.32 Finally, the U.S. government had no employer sanctions provisions to discourage U.S. employers from hiring undocumented workers.33 When the countries initially passed the treaty, and up until the expiration of the wartime provision in 1947, the U.S. government participated in the program in a supervisory role and as an aid to U.S. employers in their recruitment efforts.", "mime": "application/pdf"}, {"id": "iiclr-17586", "words": "18056", "extension": ".pdf", "flesch": "60", "author": "Donohoe, Thomas", "title": "Here ... Fishy, Fishy, Physician: The Effect of European Union Mandates on Physician Movement in the European Union", "date": "2008", "keywords": "care; countries; country; directive; doctors; eu countries; european; health; health care; laws; medical; member; member states; migration; movement; physicians; policy; qualifications; spain; states; supra note", "summary": "The UK has implemented the fundamental principles of Directive 2005/36 into its laws to ensure the recognition of the qualifications of EU physicians as long as the EU physicians meet certain requirements ultimately set out in the Directive. While it does not primarily target EU physicians in its recruitment efforts it still recruits physicians from the EU, and it recruits them from less developed countries.'", "mime": "application/pdf"}, {"id": "iiclr-17587", "words": "15254", "extension": ".pdf", "flesch": "53", "author": "Prinz, Jennifer L.", "title": "The Phenomenon of Cybersuicide: An Examination of Australia's Solution, the Criminal Code Amendment (Suicide Related Material Offenses) Act 2005 and the Difficulty of International Implementation", "date": "2008", "keywords": "act; australia; bill; code amendment; committee; criminal code; cybersuicide; internet; letter; material; material offenses; offenses; parliament; person; senate; suicide; supra note; websites", "summary": "See Suicide Related Material Offenses Act. 277. See Suicide Related Material Offenses Act. 279.", "mime": "application/pdf"}, {"id": "iiclr-17588", "words": "29426", "extension": ".pdf", "flesch": "52", "author": "Pahl, Michael R.", "title": "Judicial One-Hit? : The Decriminalization of Personal Drug Use by Colombia's Constitutional Court", "date": "1995", "keywords": "article; assembly; c-221; case; colombia; constituent; constitutional; court; criminal; decision; decriminalization; development; dissent; drug use; drugs; example; gaviria; general; government; health; individual; issue; law; laws; majority; note; opinion; personality; rev; rights; social; society; state; statute; support; supra note; treatment; united", "summary": "The rationale for drug laws passed during this period included the defense of public health, crime prevention, and what some have considered racism, as arguments against drug use focused on the defense of the race, punishing those few consumers from poor sectors who were largely mestizo.65 [Vol. 6:1 DECRIMINAIZATION OF DRUG USE The Court first discusses the argument that drug laws are constitutional because drug use affects not only the individual, but harms others as well.", "mime": "application/pdf"}, {"id": "iiclr-17589", "words": "16118", "extension": ".pdf", "flesch": "60", "author": "Schlueter, Kalin P.", "title": "Digitalizing Its Land Register: Croatia's E-Ticket to the E.U.", "date": "2008", "keywords": "bank; business; cadastre; comm'n; commission; croatia; european; hereinafter; land; land register; law; market; project; property; reform; register; registration; registry; rights; state; supra note; system; time; world", "summary": "EU Delays Croatia Talks over War Suspect, CNN.coM, Mar. 16, 2005, http://edition.cnn.com/2005/WORLD/europe/03/16/croatia.eu/index.html. In 2003, Croatia applied to become the newest member of this conglomerate.2", "mime": "application/pdf"}, {"id": "iiclr-17590", "words": "15140", "extension": ".pdf", "flesch": "55", "author": "Nagle, Luz Estella", "title": "Evolution of the Colombian Judiciary and the Constitutional Court", "date": "1995", "keywords": "art; branches; colombia; constitutional; council; court; decision; executive; government; judicial; judiciary; jurisdiction; law; laws; new; power; president; rights; states; supreme court; system; u.s; united", "summary": "Because of the introduction of this entity into the judicial fabric of the high court, all pre-1991 Supreme Court decisions and judicial branch functions should be judged under parameters different from those of the post-1991 Constitutional Court. Colombia lacks the resources that the United States enjoys with the various official and unofficial annotated publications of Supreme Court decisions.", "mime": "application/pdf"}, {"id": "iiclr-17591", "words": "52709", "extension": ".pdf", "flesch": "55", "author": "Stanghellini, Lorenzo", "title": "Corporate Governance in Italy: Strong Owners, Faithful Managers. An Assessment and a Proposal for Reform", "date": "1995", "keywords": "actions; agreements; art; auditors; azioni; banks; board; business; c.c; capital; cases; charter; civil; code; companies; company; control; courts; creditors; directors; duty; economic; equity; firms; following; governance; group; ind; int'l; italian; italy; judgment; law; liability; majority; management; managers; market; minority shareholders; new; non; note; ore; ownership; public; rev; role; s.p.a; shareholders; shares; societa; stock; structure; suits; supra; supra note; system; vol; vote", "summary": "Italian shareholders either manage the company long term, or tend to invest in it short term. First, there is a reasoning gap between the article's assessment of the internal governance structure of large Italian companies (dynastic alliances) and the alleged anticompetitive effect of that structure, which manifestly would be an effect external to the firm.", "mime": "application/pdf"}, {"id": "iiclr-17592", "words": "4446", "extension": ".pdf", "flesch": "52", "author": "Rotman, Edgardo", "title": "The Inherent Problems of Legal Translation: Theoretical Aspects", "date": "1995", "keywords": "american; language; law; meaning; problems; significance; system; text; theory; translation; word", "summary": "Inherent Problems of Legal Translation Theoretical Aspects, The THE INHERENT PROBLEMS OF LEGAL TRANSLATION: THEOREICAL ASPECTS Edgardo Rotman* I. INTRODUCTION, A theory of legal translation can be overwhelmingly vast. In this regard, this article will draw conclusions from the author's experiences in legal translation, while attempting to underscore the significance of the field for professional translators. II.", "mime": "application/pdf"}, {"id": "iiclr-17593", "words": "18873", "extension": ".pdf", "flesch": "58", "author": "Bracken, Jill M.", "title": "Respecting Human Rights in Population Policies: An International Customary Right to Reproductive Choice", "date": "1995", "keywords": "abortion; children; choice; conference; countries; development; education; family; growth; health; international; law; life; note; population; population report; report; right; states; supra; supra note; women; world; world population", "summary": "International human rights law is not yet crystallized in this field. Thus, any review of international human rights in population policies necessarily must be completed within the context of the debate over environmental degradation and population.", "mime": "application/pdf"}, {"id": "iiclr-17594", "words": "12532", "extension": ".pdf", "flesch": "61", "author": "Benz, David H.", "title": "The Little Network That Could: FCC Restrictions on Foreign Ownership", "date": "1995", "keywords": "310(b; american; broadcasting; corporation; fcc; foreign; fox; industry; interest; murdoch; nafta; nbc; new; note; ownership; rep; restrictions; section; states; stations; supra; television; trade; united", "summary": "In an editorial found in Broadcasting & Cable, the author writes: The least that should come from the shambles of FCC foreign ownership policy in the wake of the News CorpJFox decision is a redefinition of the rules.... Christopher Stern, FCC StaffProposes Fox Restructuring, BROADCASTING & CABLE, Apr. 24, 1995, at 9. 134.", "mime": "application/pdf"}, {"id": "iiclr-17595", "words": "9361", "extension": ".pdf", "flesch": "58", "author": "Valin, Donna", "title": "The Basel Convention on the Control of Transboundary Movements of Hazardous Waste and Their Disposal: Should the United States Ratify the Accord?", "date": "1995", "keywords": "ban; basel; basel convention; convention; countries; hazardous; nations; oecd; recycling; states; supra note; trade; united; waste", "summary": "' Increased regulatory constraints have affected traditional low-cost disposal methods,22 thereby causing a reduction in waste disposal capacity.23 Due to increased operating costs over the past decade, many facilities capable of disposing of hazardous waste have been forced to close.24 In the United States alone, nearly half of 4,600 facilities that treated or disposed of hazardous wastes during the 1980s closed because of increased regulation.25 Due to the increasing cost of waste disposal, particularly hazardous waste, industry has gone beyond its own borders for disposal.26 Developing nations, severely burdened by huge foreign debt, provide attractive disposal sites due to their lack of environmental controls and their need for capital.27 This debt places enormous pressure on developing countries to exploit their resources to acquire substantial 18. Article 8 provides that when transboundary movement of hazardous waste which is carried out in accordance with the Basel Convention cannot be completed in accordance with the contracting Parties, the State of export must ensure that the wastes are re-imported.60 The Basel Convention defines this as taking all practicable steps to ensure that hazardous wastes or other wastes are managed in a manner which will protect human health and the environment against the adverse effects which may result from such wastes.", "mime": "application/pdf"}, {"id": "iiclr-17596", "words": "14116", "extension": ".pdf", "flesch": "54", "author": "Fugal, Jeffrey B.", "title": "A Brief Survey of the Smuggling of Fissile Material: An Embryonic Phenomena with a Terrifying Future in the European Community", "date": "1995", "keywords": "agency; atomic; control; file; fissile; iaea; int'l; library; material; nexis; non; npt; nuclear; plutonium; proliferation; russia; scientists; smuggling; soviet; states; supra note; treaty; union; united; weapons; westlaw", "summary": "In fact, since the fall of 1992, there have [only] been five serious cases of diversion of weapons-usable fissile material the rest have either been hoaxes or have involved material that is not weapons-grade.' Nevertheless, [t]he fact that a large fraction of the reports of nuclear smuggling have been scams involving material with no relevance to nuclear weapons, should not blind us to the seriousness of the smaller but still significant number of cases that have involved nuclear weapons materials. ' 9 The fall of the Iron Curtain and the loosening of internal borders within the (European) Union has resulted in a freer and more deregulated environment, which has created the perfect breeding ground for organized crime syndicates and their illicit activities. People are generally more impressed by what nuclear weapons can do to cities than by what such weapons might accomplish to reverse the military outcome on potential battlefields.", "mime": "application/pdf"}, {"id": "iiclr-17598", "words": "25423", "extension": ".pdf", "flesch": "55", "author": "Bakircioglu, Onder", "title": "The Right to Self-Defence in National and International Law: The Role of the Imminence Requirement", "date": "2009", "keywords": "act; bush; case; council; court; criminal; defence; doctrine; force; general; imminence; int'l; international; l. rev; law; nations; necessity; note; requirement; rev; right; rule; security; self; states; supra; threat; u.n; united; united states; use; war; women; world", "summary": "Indeed, while the right to national self-defence has been recognized as an inherent right of states since the very emergence of international law, * Onder Bakircioglu, Lecturer in Law, Queen's University Belfast. However, the controversy over the need to modify the right to self- defence is not exclusive to international law.", "mime": "application/pdf"}, {"id": "iiclr-17599", "words": "20653", "extension": ".pdf", "flesch": "55", "author": "Mayerfeld, Jamie", "title": "The Democratic Legitimacy of International Human Rights Law", "date": "2009", "keywords": "argument; conception; consent; constitution; court; democracy; democratic; government; human; idea; int'l; international; legitimacy; note; people; process; public; rev; review; rights; rights law; self; states; supra; supra note; treaties; u.s", "summary": "This Article confines its attention to human rights law and does not address the democratic credentials of international law in general.43 PART I: HUMAN RIGHTS There is a rich contemporary literature on the meaning and justification of human rights. Human rights law is reinforced by the rich tradition of international humanitarian law, whose sources include the Nuremberg and Tokyo trials following World War HI, the 1948 Genocide Convention, the 1949 Geneva Conventions and their Protocols (1977), the war crimes tribunals for Rwanda and the former Yugoslavia, and the Rome Statute of the International Criminal Court (1998).", "mime": "application/pdf"}, {"id": "iiclr-17600", "words": "18058", "extension": ".pdf", "flesch": "49", "author": "Pierce, Khadija Robin", "title": "Comparative Architecture of Genetic Privacy", "date": "2009", "keywords": "article; case; consent; data; data protection; directive; disclosure; european; health; individual; information; interests; law; medical; note; personal; privacy; processing; protection; research; rights; states; tissue; use", "summary": "Overview of the Sources of Privacy Protections This comparative analysis begins with an identification of the sources of privacy protections and the hierarchy of legal norms regarding privacy rights. Furthermore, the general absence of a comprehensive legal framework regarding the protection of privacy can make it difficult to develop a common understanding of what interests are protected by privacy rights.", "mime": "application/pdf"}, {"id": "iiclr-17601", "words": "3466", "extension": ".pdf", "flesch": "44", "author": "Garcia-Padilla, Antonio", "title": "The Internationalization of Legal Education. The James P. White Lecture on Legal Education", "date": "2009", "keywords": "countries; economy; education; globalization; international; law; production; research; white; world", "summary": "Dean White's role in the ABA accrediting project served as the platform from which he impacted every aspect of legal education in America. Of particular value to legal education and to higher education overall was Dean White's intuition in contextualizing the education and practice of Law within the new global cartography that followed the collapse of the Soviet Union.", "mime": "application/pdf"}, {"id": "iiclr-17602", "words": "13886", "extension": ".pdf", "flesch": "54", "author": "Christoff, Ann E.", "title": "The Chinese Automobile Industry and the World Trade Organization: China's Non-Compliance With WTO Regulations Through Its Subsidizing of Automobile Manufacturers", "date": "2009", "keywords": "agreement; art; auto; automotive; china; chinese; countervailing; feb; government; industry; manufacturers; measures; member; note; saic; states; subsidies; subsidy; supra note; trade; wto", "summary": "First, it allows China to point to its ostensible progress in becoming fully compliant with the WTO so that it can further its integration into the world economy with WTO approval.8 Second, maintaining domestically favorable tax and subsidy policies enables China to accelerate growth and production of its own manufacturers, boost exports, and thus gradually overtake a significant market share in industries in which China has traditionally been a major importer.9 However, as long as China continues to implement differential tax incentives and subsidies, the United States and other WTO Member states will have an enormous comparative disadvantage in such subsidized industries.'0 The main purpose of the Agreement is to curtail government assistance that economically disadvantages other WTO Member states.", "mime": "application/pdf"}, {"id": "iiclr-17603", "words": "16233", "extension": ".pdf", "flesch": "48", "author": "Schmidt, Andrea R.", "title": "A New Trade Policy for America: Do Labor and Environmental Provisions in Trade Agreements Serve Social Interests or Special Interests?", "date": "2009", "keywords": "agreements; congress; countries; environmental; free; ftas; groups; interests; labor; liberalization; note; policy; protectionist; provisions; standards; supra; supra note; tpa; trade; trade agreements; trade policy; u.s; united; wto", "summary": "L. REv. reflects a shift in the Bush Administration's trade policy, made in an effort to assuage the Democrats who took control of Congress in January of 2007.7 Although, at first glance, these provisions might merely seem to reflect an increasing concern for labor and environmental rights, specific protectionist groups also stand to benefit from their inclusion in trade agreements and may advocate their inclusion for reasons completely unrelated to environmental preservation or human rights. Relying on economic theory, it will assert that when the primary purpose of these provisions is to benefit specific protectionist special interests, the inclusion of such provisions in trade agreements has a high probability of causing significant harm to overall social welfare in the United States.", "mime": "application/pdf"}, {"id": "iiclr-17604", "words": "12293", "extension": ".pdf", "flesch": "52", "author": "Sothmann, Stephen", "title": "Let He Who is Without Sin Cast the First Stone: Foreign Direct Investment and National Security Regulation in China", "date": "2009", "keywords": "article; china; chinese; foreign; free; government; industries; international; investment; law; national; note; review; security; states; supra; trade; united", "summary": "B. Foreign Investors Foreign investors looking to expand into China should consider whether their business has a substantial influence on industries that are typically affected by national security laws. 8 Article 31 states: Where a foreign investor participates in the concentration of business operators by merging or acquiring a domestic enterprise or by any other means, and national security is involved, besides the examination on the concentration of business operators in accordance with the Law, the examination on national security shall also be conducted according to the relevant provisions of the State.9 Under this Article, a foreign party attempting to acquire or merge with a Chinese domestic company will be subject to both an economic antitrust review and an additional review based on national security concerns.", "mime": "application/pdf"}, {"id": "iiclr-17606", "words": "44803", "extension": ".pdf", "flesch": "59", "author": "Chung, Chi", "title": "International Law and the Extraordinary Interaction Between the People's Republic of China and the Republic of China on Taiwan", "date": "2009", "keywords": "arats; article; border; case; chen; china; chinese; city; civil; comp; contract; court; crime; criminal; cross; d. ind; database; defendant; district; district court; foreign; government; int'l; international; judgment; june; jurisdiction; law; mainland; mainland area; nongovernmental; nonrecognition; note; people; person; prc; prc court; prc government; prc law; press; process; province; republic; rev; roc; roc court; roc interaction; roc law; roc police; roc relationship; romanization; rules; section; sef; sovereignty; state; supra; taiwan; taiwan area; taiwan high; text; united; vol; world", "summary": "The Intermediate People's Court of Zhangzhou City, Fujian Province, the PRC, convicted all the defendants of the crime of producing and selling fake or inferior products.493 B. Cases in ROC Courts The intensity of the interaction between the PRC and ROC societies and the pressing need to fight cross-border crime are revealed by an examination of cases both in PRC courts and ROC courts. If private parties fail to agree on the choice of applicable law, PRC courts should apply the law of the place with the closest connection to the contract.'", "mime": "application/pdf"}, {"id": "iiclr-17607", "words": "13625", "extension": ".pdf", "flesch": "62", "author": "Gordon, Mitchell", "title": "One Text, Two Tales: When Executive/Judicial Balances Diverged in Argentina and the United States", "date": "2009", "keywords": "argentina; authority; congress; constitutional; court; executive; government; justices; law; new; per6n; plan; power; president; rev; roosevelt; supra note; supreme; supreme court; u.s; walker", "summary": "On the other hand, although Roosevelt's lost-the-battle/won-the-war version of history is unquestionably self-serving, it is nevertheless undeniable that virtually all of the plan's aims were realized within a few years of its defeat: the membership of the Court itself changed, Roosevelt ultimately appointed more Supreme Court justices than any other President except George Washington, and the Court's jurisprudence inexorably moved in far more Rooseveltian directions. 153 Virtually every incoming civilian President has exercised the informal authority to name the majority of Supreme Court justices, either by removing the justices that an earlier government had named, or by packing the Court, that is, increasing the Court's size to create additional seats for docile judges.1 54", "mime": "application/pdf"}, {"id": "iiclr-17608", "words": "16121", "extension": ".pdf", "flesch": "63", "author": "Paulson, Julie A.", "title": "Melting Ice Causing the Arctic to Boil Over: An Analysis of Possible Solutions to a Heated Problem", "date": "2009", "keywords": "agreement; arctic; article; canada; claims; clcs; continental; convention; disputes; ice; law; ocean; passage; sea; shelf; states; submission; supra note; text; treaty; unclos; united; united states", "summary": "Although the melting of Arctic ice significantly improves access to previously unobtainable resources, other characteristics unique to the Arctic will continue to make resource extraction challenging: The uncertainty of UNCLOS may lead to additional disputes over Arctic territory.", "mime": "application/pdf"}, {"id": "iiclr-17609", "words": "16063", "extension": ".pdf", "flesch": "56", "author": "Iannettoni, Tim", "title": "Commission Impossible: The Commission of the European Communities' Attempt to Reform the Common Market Organization for Wine", "date": "2009", "keywords": "agreement; commission; commission proposal; council; distillation; european; market; measures; post; proposal; quality; reform; report; supra note; use; vintners; wine; wine market", "summary": "Two of the fundamental problems, the structural imbalance and the decline in consumption, have been present in wine markets since the early 1980s.124 It appears, however, that the Commission has recognized its past mistakes and is currently taking steps to correct them. - Guarantee Section, at 10-12 (1999), COM (2000) 882 final [Vol. 19:2 2009] COMMISSION IMPOSSIBLE: REFORMING THE EUROPEAN WINE MARKET 393 associated with the process of distillation: (1) payments made to distillers to recoup their losses; (2) costs to the vintners, including shipping costs and documentation; and (3) costs associated with disrupting the distilled alcohol markets.8 ' In 1999 the total cost of wine distillation measures was 247.7 million Euros 82", "mime": "application/pdf"}, {"id": "iiclr-17610", "words": "20537", "extension": ".pdf", "flesch": "61", "author": "Coombs, Cody", "title": "Blue Morning-Glories in the Sky: Correcting Sanctions to Enforce Nuclear Nonproliferation in Iran", "date": "2009", "keywords": "china; complete; council; disarmament; energy; france; iaea; india; int'l; international; iran; iranian; korea; nations; nonproliferation; north; npt; nuclear; pakistan; program; resolution; rev; russia; sanctions; security; states; supra note; technology; threat; united; united states; use; weapons; wlnr", "summary": "threat, which range anywhere from disbelieving the evidence,7 becoming more understanding of Iran,8 to heightened sanctions.9 Despite a general disagreement among the international community and critics on an effective approach to the Iranian nuclear threat, Iran's noncompliance and pursuit of nuclear weapons remains unchecked. Part III will examine the Iranian nuclear program, including the evidence that points to Iran's pursuit of nuclear weapons and why Iran has determined that nuclear weapons are a necessity.", "mime": "application/pdf"}, {"id": "iiclr-17611", "words": "16953", "extension": ".pdf", "flesch": "58", "author": "Cook, Aaron", "title": "The NAFTA Superhighway: Paving the Way to a Prosperous North America: An In-Depth Analysis of the Impacts of the NAFTA Superhighway and Recommendations For Its Implementation", "date": "2009", "keywords": "american; benefits; border; canada; construction; economic; economy; federal; freight; funding; hereinafter; impacts; mexican; mexico; nafta; nafta superhighway; nasco; north; project; security; states; supra note; texas; trade; transportation; u.s; united; united states", "summary": "First, many of the critics of NAFTA itself transfer that criticism to the NAFTA Superhighway,221 and with good reason, as it enables the signatory nations to fully participate in the goals of NAFTA.222 The U.S. House of Representatives, for instance, passed House Resolution 40, which is a commentary that the United States should not engage in SPP talks, nor build a NAFTA Superhighway, because according to the Department of Commerce, United States trade deficits with Mexico and Canada have significantly increased since the implementation of the North American Free Trade Agreement. While this statistic is in relation to the United States as a whole, a large portion of it is entirely due to NAFTA transportation.", "mime": "application/pdf"}, {"id": "iiclr-17613", "words": "15802", "extension": ".pdf", "flesch": "44", "author": "Bowman, Gregory W.", "title": "The Domestic and International Policy Implications of \"Deep\" Versus \"Broad\" Preferential Trade Agreements", "date": "2009", "keywords": "africa; agreement; broadening; bush; commercial; countries; deepening; economic; efforts; european; free; int'l; integration; international; liberalization; new; note; policy; president; pta; ptas; security; states; supra; supra note; trade; trade agreement; u.s; union; united; united states", "summary": "In 1960, U.S. trade in goods represented six percent of U.S. GDP. 127 Even under the Obama administration, it is not yet clear how much weight will be given to U.S. trade with sub-Saharan Africa.", "mime": "application/pdf"}, {"id": "iiclr-17614", "words": "10614", "extension": ".pdf", "flesch": "41", "author": "Kennedy, Kevin C.", "title": "The Status of the Trade-Environment-Sustainable Development Triad in the DOHA Round Negotiations and in Recent U.S. Trade Policy", "date": "2009", "keywords": "agreement; development; doha; environmental; ftas; investment; law; meas; nafta; note; party; states; supra; trade; u.s; united; wto", "summary": "In the event of any inconsistency between a Party's obligations under this Agreement and a covered [multilateral environmental] agreement, the Party shall seek to balance its obligations under both agreements, but this shall not preclude the Party from taking a particular measure to comply with its obligations under the covered agreement, provided that the primary purpose of the measure is not to impose a disguised restriction on trade.62 A footnote to this article states that [flor greater certainty, paragraph 4 is without prejudice to multilateral environmental agreements other than covered agreements. Instead, it provides as follows: The Parties recognize that multilateral environmental agreements to which they are all party play an important role in protecting the environment globally and domestically and that their respective implementation of these agreements is critical to achieving the environmental objectives of these agreements.", "mime": "application/pdf"}, {"id": "iiclr-17615", "words": "8276", "extension": ".pdf", "flesch": "47", "author": "Trujillo, Elizabeth", "title": "Disaggregating the Regional-Multilateral Overlap: The NAFTA Looking-Glass", "date": "2009", "keywords": "chapter; corn; dispute; international; law; measures; nafta; national; note; states; supra; trade; treatment; tribunals; trujillo; wto", "summary": "See Alan Sykes, Public v. Private Enforcement of International Economic Law: Of Standing and Remedy (Univ. of Chicago John M. Olin Law & Economics Working Paper No. 235, 2005), available at http://ssrn.com/abstractid=671801 (noting that investment disputes result in monetary damages for private actors whereas WTO trade disputes provide retaliatory measures as remedies for governments). See id. at 7 (describing investment disputes as resulting in monetary damages for private actors whereas WTO trade disputes provide retaliatory measures as remedies for governments).", "mime": "application/pdf"}, {"id": "iiclr-17616", "words": "24381", "extension": ".pdf", "flesch": "57", "author": "Taylor, C. O'Neal", "title": "Of Free Trade Agreements and Models", "date": "2009", "keywords": "administration; agreement; art; article; chapter; countries; country; free; free trade; fta; ftas; gatt; int'l; investment; model; model fta; nafta; negotiations; parties; partners; party; policy; report; rights; states; supra note; trade; trade agreements; trade policy; u.s; united; united states; ustr; wto", "summary": "It was the third U.S. free trade agreement, the North American Free Trade Agreement (NAFTA),7 that marked the shift in U.S. trade policy towards one of multilateralism plus regionalism. The factors center upon issues that always resonate in U.S. trade policy-the level of domestic support for an FTA,5' the level of commitment by target countries to trade liberalization and 47.", "mime": "application/pdf"}, {"id": "iiclr-17618", "words": "8697", "extension": ".pdf", "flesch": "49", "author": "Dau-Schmidt, Kenneth G.; Ellis, Benjamin C.", "title": "The Relative Bargaining Power of Employers and Unions in the Global Information Age: A Comparative Analysis of the United States and Japan", "date": "2010", "keywords": "american; bargaining; bargaining power; employers; japanese; labor; law; management; note; power; states; supra; union; workers", "summary": "[Vol. 20:I4 THE RELATIVE BARGAINING POWER OF EMPLOYERS lower union bargaining power relative to employer bargaining power, such regulation will also encourage or discourage employee organizing as it raises and lowers the expected benefits relative to its costs.19 Thus, it is inevitable that the recent changes in the global economy and differences in American and Japanese labor law would have an impact on the relative bargaining power of labor and management in these countries. Similarly, a government might prohibit employer lockouts to lower employers' ability to impose costs on employees for not agreeing, thereby lowering employer bargaining power and raising union wages.", "mime": "application/pdf"}, {"id": "iiclr-17619", "words": "11548", "extension": ".pdf", "flesch": "49", "author": "Chen, Chung-Lin", "title": "In Search of a New Approach of Information Privacy Judicial Review: Interpreting No. 603 of Taiwan's Constitutional Court as a Guide", "date": "2010", "keywords": "approach; concurring; court; data; information; information privacy; interpretation; judicial; law; note; principle; privacy; review; standards; supra; taiwan; test", "summary": "Reasoning through the path of the vagueness doctrine in special contexts, the purpose specification principle as one of major information privacy principles, or the combination of them, would reach the same conclusion. This article intends to join the endeavor to advance judicial review techniques employed in information privacy cases.", "mime": "application/pdf"}, {"id": "iiclr-17620", "words": "13586", "extension": ".pdf", "flesch": "60", "author": "Genaw, Jillian L.", "title": "Offshore Oil Drilling in the United States and the Expansion of Cuba's Oil Program: A Discussion of Environmental Policy", "date": "2010", "keywords": "companies; congress; cuba; discussion; drilling; energy; environmental; law; moratorium; note; ocs; oil; oil drilling; para; policy; public; regulations; states; supra; supra note; united; united states", "summary": "Up until the 1970s, followers of the environmental movement consisted only of wealthy political elitists advocating mainly for conservation.2 The modem environmental movement, on the other hand, began as a social movement garnering deeper concern and more popular support.3 The oil spill that occurred in 1969 off the coast of Santa Barbara, California devastated the American public and spawned modem environmental advocacy in the United States, especially as related to water pollution and offshore oil drilling in its coastal waters.4 As a result of the alarming frequency of oil spills during the 1970s, public sentiment against offshore oil drilling near the coastal areas of the United States reached its peak as well.", "mime": "application/pdf"}, {"id": "iiclr-17621", "words": "14786", "extension": ".pdf", "flesch": "59", "author": "Knoll, Jonathan A.", "title": "Here I Stand: An Assessment of President George W. Bush's Call for International Religious Freedom in a 21st Century People's Republic of China", "date": "2010", "keywords": "act; bush; china; chinese; dalai; example; freedom; government; infra; international; obama; people; president; religion; report; states; supra; supra note", "summary": "In that case, Hu's government would be undermining Bush's purpose for promoting religious freedom, namely, that it is a natural right of all people.200 D. Bush's Push for Religious Freedom during the 2008 Beifing Summer Olympic Games A final example of where Bush called for Chinese religious freedom was during the 2008 Summer Olympic Games in Beijing. However, while America must remain adamant in its pursuit of Chinese religious freedom, in the end, the Chinese government and its people must encourage and embrace religious freedom.", "mime": "application/pdf"}, {"id": "iiclr-17622", "words": "13817", "extension": ".pdf", "flesch": "47", "author": "Strawbridge, Brian S.", "title": "A Ship Without a Captain at the Helm: The Need for the Development and Implementation of a Supra-National Prudential Supervisor to Oversee the European Union Financial Sector", "date": "2010", "keywords": "bank; banking; basel; committee; concordat; creation; european; financial; institutions; international; member; minimum; national; note; standards; states; supervision; supervisors; supra; supra note; system", "summary": "2 4 Additionally, the EU ministers and central bankers said they could agree on 'broad guidelines' on carving up responsibility for how national financial supervisors should work together to tackle problems at European financial institutions. Although advancements have been taken in the past to make regulation of these institutions international, whether it be in the creation of capital requirements, bank licensing criteria, or deposit insurance, there has been very limited steps taken to mandate financial supervision on an international scale or at even a European level.", "mime": "application/pdf"}, {"id": "iiclr-17623", "words": "13780", "extension": ".pdf", "flesch": "55", "author": "Koons, Colin", "title": "Education on the Home Front: Home Education in the European Union and the Need for Unified European Policy", "date": "2010", "keywords": "children; convention; court; education; european; european union; home; home education; human; member; note; parents; policy; rights; school; states; supra; treaty; united", "summary": "In home education, the parent is the primary educator of the child and the majority of the work is done outside of a formal or traditional school setting. 8 Home education has received a great deal of attention in the United States, and although specific regulations may vary, home education is generally legal throughout the United States.'", "mime": "application/pdf"}, {"id": "iiclr-17625", "words": "10802", "extension": ".pdf", "flesch": "59", "author": "Breger, Melissa L.", "title": "Against the Dilution of a Child's Voice in Court", "date": "2010", "keywords": "article; attorney; child; children; client; court; crc; law; new; proceedings; rev; rights; role; states; united; voice; york", "summary": "App. 2009); Judith Cashmore & Patrick Parkinson, What Responsibility Do CourtsHave To Hear Children Voices? 15 INT'L J. OF CHILD. These factors are: (1) whether counsel is provided to children in child welfare proceedings; (2) the duration of the child's attorney representation; (3) whether the attorney advocates for the express wishes of the child in a client-directed manner; (4) what education and training is required for child attorneys and whether it is multi-disciplinary; and (5) to what extent children have actual rights derived from their status as parties.", "mime": "application/pdf"}, {"id": "iiclr-17626", "words": "7306", "extension": ".pdf", "flesch": "56", "author": "Dziuba, Dawn", "title": "Trips Article 31bis and H1N1 Swine Flu: Any Emergency or Urgency Exception to Patent Protection?", "date": "2010", "keywords": "agreement; article; emergency; exception; flu; health; note; patent; public; supra; swine; trips; use", "summary": "This section focuses on the section of TRIPS that would apply in times of national emergency. In situations of national emergency or other circumstances of extreme urgency, the right holder shall, nevertheless, be notified as soon as reasonably practicable.", "mime": "application/pdf"}, {"id": "iiclr-17627", "words": "34199", "extension": ".pdf", "flesch": "65", "author": "Grossi, Simona", "title": "A Comparative Analysis Between Italian Civil Proceedings and American Civil Proceedings Before Federal Courts", "date": "2010", "keywords": "case; court; discovery; evidence; facts; fed; federal; italian; judge; judgment; jury; law; motion; parties; party; pleadings; proceeding; process; r. civ; r. evid; rule; testimony; time; trial; u.s; witness", "summary": "Many appellate judges were never district court judges. the Court stated that trial judges are gatekeepers in that they have to exclude unreliable expert testimony,131 and in Kumho, the Court stated that this gatekeeper function should apply to all expert testimony, not just testimony based on science.13 2 Consistently with Kumho, Fed.", "mime": "application/pdf"}, {"id": "iiclr-17628", "words": "12513", "extension": ".pdf", "flesch": "57", "author": "Doversberger, Michael E.", "title": "Conveyancing at a Crossroads: The Transition to E-Conveyancing Applications in the U.S. and Abroad", "date": "2010", "keywords": "applications; apr; chain; conveyance; conveyancing; documents; estate; land; land registry; law; matrix; new; paper; process; property; registry; supra note; system; technology; transaction; u.s; use", "summary": "Perhaps the most important objective of this Note is not to highlight the inefficiencies of the current U.S. land conveyance system or the benefits of e-conveyancing applications, but rather to emphasize that the switch to increased e-conveyancing is inevitable. Denmark anticipates that e-conveyancing applications will replace its paper system and increase overall speed and flexibility.", "mime": "application/pdf"}, {"id": "iiclr-17629", "words": "20795", "extension": ".pdf", "flesch": "61", "author": "Fleming, Olivia M.", "title": "Oh La, La! How Will the Polarized Decisions of the United States and France Regarding the Responsibility for Policing Trademarks on Online Auction Sites Be Synthesized?", "date": "2010", "keywords": "auction; auction sites; consumers; counterfeit; counterfeiting; court; ebay; france; french; goods; inc; infringement; internet; law; louis; note; online; owners; policing; products; sale; sites; states; supra; tiffany; trademark; united; use; vuitton; website", "summary": "accessible to the French public, despite originating in a foreign country, the availability to the French public might be sufficient to justify the courts to allow French jurisdiction.lo0 With regard to the specific jurisdiction the Cassation Court retained over eBay, the court found that French eBay is a holding company of the eBay group10 2 and was responsible for the operation of the French site, headquartered in California.'03 French eBay claims it immediately removed advertising that was obviously illegal when reported by third parties.14 3", "mime": "application/pdf"}, {"id": "iiclr-17630", "words": "13340", "extension": ".pdf", "flesch": "58", "author": "Lee, Zachary T.", "title": "Leveling the Trade Playing Field: The Ailing U.S. Manufacturing Sector and the Need For Trade Parity", "date": "2010", "keywords": "agreement; american; benefits; economy; free; jobs; manufacturers; manufacturing; nafta; note; sector; states; supra; supra note; tap; trade; trade agreement; u.s; united; united states", "summary": "First, it seeks to highlight the current state of U.S. trade by focusing on the proliferation of U.S. free trade agreements (FTAs). PART 1: THE CURRENT STATE OF U.S. TRADE Before asking the question, Does U.S. manufacturing need saving, we must first clearly define that which threatens it.", "mime": "application/pdf"}, {"id": "iiclr-17631", "words": "12855", "extension": ".pdf", "flesch": "62", "author": "Trachtman, Elizabeth A.", "title": "Food-Borne Illnesses Strike U.S. Food Supply: A Discussion of Inadequate Safety Procedures and Regulations in the U.S. and Abroad", "date": "2010", "keywords": "authority; contamination; fda; food; food safety; food supply; illnesses; para; produce; products; safety; states; supply; supra note; system; u.s; united", "summary": "As a result of the recent outbreaks of food-borne illnesses, the American public has become increasingly concerned with food safety. The FDA's budget limitations force the agency to operate understaffed at the expense of food safety.", "mime": "application/pdf"}, {"id": "iiclr-17633", "words": "9844", "extension": ".pdf", "flesch": "57", "author": "Arsenault, Steven J.", "title": "Leaping Over the Great Wall: Examining Cross-Border Insolvency in China under the Chinese Corporate Bankruptcy Law", "date": "2011", "keywords": "art; assets; bankruptcy; bankruptcy law; border; china; court; cross; debtor; insolvency; law; proceeding; u.s.c", "summary": "The Corporate Bankruptcy Law and Cross-Border Bankruptcies The Corporate Bankruptcy Law includes two provisions dealing with international or cross-border bankruptcies, addressing both the application of China's bankruptcy law outside of China and the recognition of the judgments of foreign bankruptcy courts in China. APPROACHES TO CROSS-BORDER BANKRUPTCY: TERRITORIALISM, UNIVERSALISM AND THE UNCITRAL MODEL LAW .. ..............", "mime": "application/pdf"}, {"id": "iiclr-17634", "words": "10884", "extension": ".pdf", "flesch": "57", "author": "Ziegler, Edward H.; Laitos, Jan G.", "title": "Property Rights, Housing, and the American Constitution: The Social Benefits of Property Rights Protection, Government Interventions, and the European Court on Human Rights' Hutten-Czapska Decision", "date": "2011", "keywords": "city; clause; court; government; housing; land; note; owners; property; public; regulation; rent; rights; states; supra; taking; u.s; united; use", "summary": "I. INTRODUCTION The U.S. Constitution provides protection for private property owners when the government intervenes through official regulations restricting an owner's rights in land or housing.2 When the government acts through regulatory intervention that restricts the private use of land and housing, the * 02010 Edward Ziegler and Jan Laitos ** Edward H. Ziegler is Robert B. Yegge Memorial Research Chair and Professor of Law at the University of Denver - Sturm College of Law. Although government housing policies are often said to be designed to benefit the general welfare, sometimes those same policies can result in damaging burdens to private property owners, including prospective buyers as consumers of housing.", "mime": "application/pdf"}, {"id": "iiclr-17635", "words": "13762", "extension": ".pdf", "flesch": "62", "author": "Beinart, Jennifer Bays", "title": "Beyond Trafficking and Sexual Exploitation: Protecting India's Children from Inter and Intra-Familial Sexual Abuse", "date": "2011", "keywords": "abuse; act; child; children; code; court; csa; gca; goa; india; law; note; protection; rights; section; states; supra; supra note; united; victims", "summary": "When a child victim testifies before any authority, including the Court, the child victim may not testify in the presence of the accused.140 Instead, provisions provide for testimony by child victims via closed circuit television.14' All questions to child victims are to be short, clear, and concise.14 2 Leading questions may be used by social workers when taking the testimony of children under eight years of age.143 The GCA also calls for procedures to 128. Thus, sensitization training is needed to ensure that healthcare and other professionals understand the special needs of child victims in both cases of CSA and child abuse.150 Sensitization training should help police and others in law enforcement become familiar with the appropriate laws and rights of children.", "mime": "application/pdf"}, {"id": "iiclr-17636", "words": "12920", "extension": ".pdf", "flesch": "59", "author": "Helms, Grant E.", "title": "Fair Trade Coffee Practices: Approaches for Future Sustainability of the Movement", "date": "2011", "keywords": "coffee; development; european; fair; international; market; movement; practices; producers; report; resolution; starbucks; states; supra; supra note; town; trade; trade coffee; united", "summary": "Further, legislation mandating that the government serve fair trade coffee would likely send an even stronger message to the public in support of fair trade coffee practices. Fair trade coffee has been a particularly fascinating example of an effective and positive fair trade system; however, it also has drawbacks.'", "mime": "application/pdf"}, {"id": "iiclr-17637", "words": "15913", "extension": ".pdf", "flesch": "55", "author": "Likins, Bryan M.", "title": "Determining the Appropriate Definition of Religion and Obligation to Accommodate the Religious Employee Under Title VII: A Comparison of Religious Discrimination Protection in the United States and United Kingdom", "date": "2011", "keywords": "accommodate; accommodation; belief; court; definition; discrimination; duty; employees; employer; kingdom; law; protection; religion; states; supra note; title; united; vii; workplace", "summary": "A positive obligation to accommodate religious employees has not always existed under Title VII. In his dissent, Justice Marshall stated that he read Title VII as requiring employers to grant privileges to religious employees as part of the accommodations process.", "mime": "application/pdf"}, {"id": "iiclr-17638", "words": "13975", "extension": ".pdf", "flesch": "58", "author": "Tanselle, Ryan W.", "title": "Some Secrets Do Not Hurt Everyone: The Case for Additional Discount Window Reform in the United States' Federal Reserve", "date": "2011", "keywords": "bank; central; central bank; credit; crisis; discount; england; european; facility; federal; federal reserve; institutions; lender; lending; note; reform; reserve; resort; supra; supra note; transparency; window", "summary": "TRANSPARENCY A. Historical Aversion to Central Bank Transparency Historically, most central banks were strong advocates of central bank secrecy.121 The historical reluctance of central banks to become open and transparent is well known. Therefore, in order to protect illiquid banks from the stigma attached to using the same lender of last resort facility as insolvent banks, secrecy exists regarding the disclosure of traditional lender of last resort loans made to financial institutions.9 In response to the recent global financial crisis, central banks assumed much greater lender of last resort power in an effort to stabilize the financial system.", "mime": "application/pdf"}, {"id": "iiclr-17640", "words": "309", "extension": ".pdf", "flesch": "53", "author": "Milone, Kim L.", "title": "Editor's Preface", "date": "1996", "keywords": "china", "summary": "Most of all, I hope this issue makes us all think more about the role of China and other non-western countries in the evolution and development of the rule of law. Her scholars merit this and other opportunities to engage in meaningful dialog with colleagues around the world.", "mime": "application/pdf"}, {"id": "iiclr-17641", "words": "3151", "extension": ".pdf", "flesch": "62", "author": "Grove, Jeffrey W.", "title": "China Law Symposium Introductory Essay: Tracking the Dragon", "date": "1996", "keywords": "china; chinese; communist; law; mao; people; taiwan; world", "summary": "The mounting influence and self-sufficiency of these localized centers of economic growth, together with the acceleration of economic development in Shanghai, have brought about decentralization of authority within the ranks of the Communist Party.9 In addition, the privatization of many state industries, as well as the entrepreneurial opportunities promoted by the infusion of foreign capital and technology and the establishment of private joint ventures, are creating a new sector of the Chinese work force, one which is unmoored from the oversight and constraints and of the traditional work units-the principal organizational structures and locus of social control in Communist China. Tibet enjoyed one more brief period of independence after the fall of imperial China in 1911.", "mime": "application/pdf"}, {"id": "iiclr-17643", "words": "4680", "extension": ".pdf", "flesch": "57", "author": "Li, Weng", "title": "Philosophical Influences on Contemporary Chinese Law", "date": "1996", "keywords": "china; chinese; law; laws; legalists; people; system; taoism; world", "summary": "Those unfamiliar with China's legal system frequently raise two questions: whether Chinese law is a meaningful concept' and whether there is value in discussing the philosophical influences on China's legal traditions? Soviet legal code and principles were readily accepted as models for codification of Chinese laws until 1957 when a most dramatic shift in Chinese politics took place.", "mime": "application/pdf"}, {"id": "iiclr-17644", "words": "11572", "extension": ".pdf", "flesch": "53", "author": "Blythe, Stephen E.", "title": "E-Commerce Security in the Land of the Pharaohs: Refining Egypt's Electronic Signature Law", "date": "2011", "keywords": "act; art; blythe; commerce; commerce law; computer; digital; egypt; electronic; information; itida; law; note; security; signature; signature law; stephen; supra; technology; transactions", "summary": "[Electronic Signature Law] (promulgated by the Standing Comm. Nat'l People's Cong., Aug. 29, 2004, effective Apr. 1, 2005) [Law 5070 of Jan. 23, 2004, Electronic Signature Law], [Official Gazette 25355] (Turk.), translated in Telecomm.", "mime": "application/pdf"}, {"id": "iiclr-17645", "words": "34675", "extension": ".pdf", "flesch": "58", "author": "Lo, Vai lo", "title": "Labor and Employment in the People's Republic of China: From a Nonmarket-Driven to a Market-Driven Economy", "date": "1996", "keywords": "addition; china; d. art; department; dispute; economic; employment; enterprises; foreign; government; hiring; implementation; insurance; joint; labor; labor contract; labor insurance; labor law; labor management; labor regulations; laws; pay; people; percent; provisions; regulations; staff; state; supra note; system; trade; trade union; union; unit; wages; workers; world", "summary": "However, enterprises can establish a probationary period, which may span from three to six months, depending on the nature of the job.' Any employment in violation of the law will be ineffective, and serious violators are subject to administrative liability.' Therefore, these provisions attempt to establish an open, merit-based hiring system and to provide enterprises with some broad guidelines on how to select their new hires. (c) Remuneration and Benefits First of all, contract workers should enjoy equal rights with permanent workers (those who had been hired prior to the implementation of the contract employment system) with regard to labor, work, learning opportunities, participation in democratic management, and reception of political honors and material incentives. 24 As a result, the preceding provisions reflect the government's policies to (1) provide contract workers with the same treatment as that of permanent workers, (2) guarantee contract workers the same wages as they change jobs unless the new jobs are of a different nature, (3) allow contract workers to receive a certain sum of money once they become unemployed, and (4) create a social insurance fund for future retired contract workers.", "mime": "application/pdf"}, {"id": "iiclr-17646", "words": "8978", "extension": ".pdf", "flesch": "52", "author": "Pimentel, David", "title": "Judicial Independence at the Crossroads: Grappling with Ideology and History in the New Nepali Constitution", "date": "2011", "keywords": "concept; constitution; court; government; independence; judges; judiciary; law; legislature; maoists; nepal; note; paper; people; supra", "summary": "Both historical and ideological factors in present day Nepal tip the scales in favor of accountability at the expense of judicial independence. May 2010 Due Date for Nepal Constitution to be Finalized, WORLD NEWS FORECAST (May 28, 2010), http://www.newsahead.com/preview/ 2010/05/28/nepal-28-may-2010-due-date-for-nepal-constitution-to-be-finalized/index.php. 24.", "mime": "application/pdf"}, {"id": "iiclr-17647", "words": "13238", "extension": ".pdf", "flesch": "59", "author": "Willard, Geoffrey T.", "title": "An Examination of China's Emerging Intellectual Property Regime: Historical Underpinnings, the Current System and Prospects for the Future", "date": "1996", "keywords": "alford; china; chinese; copyright; foreign; government; intellectual; law; laws; patent; people; prc; property; property rights; protection; republic; rights; software; supra note; trade; trademark; u.s", "summary": "Alford concludes that even the 1990s revisions of Chinese intellectual property law: Yesterday: Why There Was No Indigenous Counterpart to Intellectual Property Law in Imperial China, 7 J. CHINESE L. 1, 4-5 (1993) (concluding that imperial China never developed an indigenous counterpart to intellectual property law as understood in the United States, despite evidence of restrictions on the unauthorized reproduction of certain books, symbols and products).", "mime": "application/pdf"}, {"id": "iiclr-17648", "words": "10282", "extension": ".pdf", "flesch": "59", "author": "Junming, Luo", "title": "Choice of Law for Contracts in China: A Proposal for the Objectivization of Standards and Their Use in Conflicts of Law", "date": "1996", "keywords": "applicable; china; choice; contract; international; law; parties; people; place; republic", "summary": "A rigid time limit for choosing proper law does not comport with the purpose behind the theory of party autonomy. The parties ought to have the right to choose proper law for the contract at any time before the dispute is settled.", "mime": "application/pdf"}, {"id": "iiclr-17649", "words": "14345", "extension": ".pdf", "flesch": "48", "author": "Qing, Zhao Youg", "title": "The Company Law of China", "date": "1996", "keywords": "approval; articles; business; capital; china; companies; company law; company registration; jsc; laws; llc; shareholders; shares; state", "summary": "Some so-called companies illegally took over the capital and property of other companies or enterprises. Those who hold stock in another company may be shareholders in this company; however, other companies may not hold stock of other companies.", "mime": "application/pdf"}, {"id": "iiclr-17650", "words": "10610", "extension": ".pdf", "flesch": "59", "author": "Osgathorpe, John D.", "title": "A Critical Survey of the People's Republic of China's New Company Law", "date": "1996", "keywords": "board; china; chinese; companies; company law; corporation; directors; government; note; shareholders; stock; supervisors; supra note", "summary": "Company Law, art. At least 15 separate articles state that in addition to the other more specific sanctions, criminal liability (which is not defined in the Company Law) applies 'in accordance with the law.' Id. at 299 n.184 (quoting Company Law, arts. 206-14, 217-24).", "mime": "application/pdf"}, {"id": "iiclr-17651", "words": "11105", "extension": ".pdf", "flesch": "59", "author": "Pradhan, Alka", "title": "The Statute of Limitations for Alien Torts: A Reexamination After Kiobel", "date": "2011", "keywords": "act; ats; convention; court; crimes; criminal; genocide; humanity; int'l; international; kiobel; law; limitations; states; statute; torture; u.s.c; united; war; war crimes", "summary": "In some circumstances it could be possible for victims of international crimes to find their way to the United States and file suit within ten years, but in others it may not. 8 Since Filtirtiga,9 courts have expanded this list of specific, universal, and obligatory20 prohibitions to include prohibitions against atrocity crimes.", "mime": "application/pdf"}, {"id": "iiclr-17652", "words": "11899", "extension": ".pdf", "flesch": "60", "author": "Wells, Allison J.", "title": "Chinese Women Experience a Negative Side Effect of the Growing Private Sector in Gender-Based Employment Discrimination", "date": "1996", "keywords": "china; chinese; discrimination; equality; gender; human; international; labor; law; laws; practices; rights; states; supra; supra note; united; women", "summary": "2 ' A series of White Papers entitled The Situation of Chinese Women were published in June of 1994 and made the following representations (among others): that the status of Chinese women is not entirely satisfactory because of the influence of old concepts and the constraints of social development; 22 that [firom time to time women experience instances of prejudice, discrimination, and infringement of their rights;123 that extensive legislation exists within the Constitution, the Law on the Protection of Rights and Interests of Women, and various specific state laws, regulations, and administrative measures, which are based on the equal rights of men and women, protection of special rights and interests of women, and elimination of discrimination;1 24 that the basic principle that women enjoy equal working rights with men is detailed;' 2 that enforce- ment of the granted rights is addressed by creating a committee to conduct surveys and make suggestions for resolution, empowering courts to judge cases of infringement on women's rights and interests, supporting women's organizations including the All-China Women's Federation, and supporting the media and other means furthering the female self-improvement campaigns.12 In these statements China does acknowledge that there is still some level of discrimination against women in China, but that everything possible is being done by the government to combat that discrimination.' TIMES, Apr. 30, 1994 (the gender-ghetto effect is pervasive throughout the region); see also Korabik, supra note 50 (Despite the equal pay laws, Chinese women earn only about 72 to 74 percent of what men earn.); see also Maria Hsia Chang, Women, in HUMAN RIGHTS IN THE PEOPLE'S REPUBLIC OF CHINA 251, 263 (1988); see also Youngblood, supra note 71 (reporting ratio of income for urban women to urban men as 77:100). 91.", "mime": "application/pdf"}, {"id": "iiclr-17653", "words": "16357", "extension": ".pdf", "flesch": "59", "author": "Keeler, Ian T.", "title": "Is a Jury Composed of People Having Ordinary Skill in the Art? Reasons Why the United States Should Change its Approach to the Obviousness Question in Patent Litigation", "date": "2011", "keywords": "appeals; circuit; court; district; federal; japan; judges; jury; law; litigation; note; obviousness; patent; patent court; proceedings; question; states; supra; supra note; united", "summary": "In comparison, a House of Representatives report on a pilot program for patent judges states that the national reversal rate for civil and criminal appeals to the federal circuit courts is less than ten percent. As of January 1, 2008, the Federal Court of Justice staffed 127 judges comprising 17 total panels, but uniformity among decisions was guaranteed by the fact that only one of those panels, the Tenth Civil Panel, was responsible for patent law cases.'", "mime": "application/pdf"}, {"id": "iiclr-17654", "words": "11128", "extension": ".pdf", "flesch": "56", "author": "Lighty, Ryan K.", "title": "Landlord Mortgage Defaults and Statutory Tenant Protections in U.S. Foreclosure and U.K. Repossession Actions: A Comparative Analysis", "date": "2011", "keywords": "act; crisis; foreclosure; housing; landlord; law; lease; mortgage; new; note; notice; possession; property; protection; ptfa; renters; rev; states; supra; supra note; tenants; united", "summary": "Parts II and III examine statutory tenant protections in the United States and the United Kingdom, respectively. This section discusses the importance of security of tenure and examines multiple policy-relevant findings that point to the need for statutory tenant protections.", "mime": "application/pdf"}, {"id": "iiclr-17655", "words": "15645", "extension": ".pdf", "flesch": "57", "author": "Merritt-Thrasher, Kathryn M.", "title": "Tracing the Steps of Norway's Carbon Footprint: Lessons Learned from Norway and the European Union Concerning the Regulation of Carbon Emissions", "date": "2011", "keywords": "carbon; carbon emissions; climate; discussion; discussion infra; emissions; energy; fossil; fuels; gas; greenhouse; industries; norway; note; oil; sources; states; supra; supra note; tax; taxes; trading; world", "summary": "Substantive debates, however, acknowledge the effect of carbon emissions and seek to determine the relative merits of reducing emissions through quantity-based regulations versus tax-based approaches.2 The question of quota versus tax is made especially difficult given the fact that either strategy must be devised and implemented within the political structures of each country. L. REV. goal of lowered emissions is questionable given the fact that unrealistically low numbers are likely used as a starting point in order to cushion future emission costs.6 With all of the uncertainties surrounding the correct path to combating global warming, the best approach is to become educated on the true causes and effects of carbon emissions along with the success and failure of the strategies that have already been implemented in the world- specifically by Norway and by the European Union.", "mime": "application/pdf"}, {"id": "iiclr-17656", "words": "14738", "extension": ".pdf", "flesch": "60", "author": "Tucker, Lindsey M.", "title": "High Stakes: How to Define \"Disability\" in Medical Marijuana States in Light of the Americans with Disabilities Act, Canadian Law, and the Impact on Employers", "date": "2011", "keywords": "accommodate; act; ann; d. para; disability; drug; employee; employers; employment; federal; health; laws; marijuana; marijuana laws; marijuana use; medical; note; oregon; safety; state; supra; use; workplace", "summary": "In continuation of the parallel views, Canada has required accommodation of medical marijuana use in the workplace, while California, which has the most liberal view on marijuana legalization in the United States, has held that state medical marijuana laws do not affect the definition of disability. 6 Although medical marijuana laws provide a compassionate answer for treatment-related issues in patients' lives, they leave questions open as to the impact on other realms of life, like employment.8 In Canada, medical * Doctor of Jurisprudence, Indiana University School of Law-Indianapolis, May 2011.", "mime": "application/pdf"}, {"id": "iiclr-17658", "words": "10190", "extension": ".pdf", "flesch": "39", "author": "Arafa, Mohamed A.", "title": "Battling Corruption Within a Corporate Social Responsibility Strategy", "date": "2011", "keywords": "bribery; business; codes; convention; corporations; corruption; csr; development; global; international; labor; law; note; oecd; practices; responsibility; rights; sector; supra; u.n", "summary": "Anti-corruption standards should be considered enabling standards, without which CSR is unattainable. 27. Anti-corruption standards and policies enable social responsibility values to be realized in two ways.", "mime": "application/pdf"}, {"id": "iiclr-17659", "words": "5746", "extension": ".pdf", "flesch": "54", "author": "Chen, Ying", "title": "Corporate Social Responsibility from the Chinese Perspective", "date": "2011", "keywords": "art; china; chinese; companies; csr; d. art; law; people; republic; standards", "summary": "CSR standards can also contribute to sustainable economic growth; therefore, it is extremely important for Chinese companies to meet CSR standards in their everyday business operations. However, the lack of enforcement of CSR standards in China has been problematic.", "mime": "application/pdf"}, {"id": "iiclr-17660", "words": "4813", "extension": ".pdf", "flesch": "50", "author": "Gjortler, Peter", "title": "Recent European Union Initiatives & the Danish Experience", "date": "2011", "keywords": "commission; companies; csr; danish; european; industry; jan; law; report; responsibility", "summary": "About CSR Europe, CSR EUROPE, http://www.csreurope.org/pages/en/ aboutus.html (last visited Jan. 12, 2011). IND. INT'L & COMP. The European Network on CSR - Driving Change, CSR EUROPE, (2006), http://www.csreurope.org/data/files/csr-europenpobrochure_2006.pdf; see also CSR Europe - Working with You (2009 - 2010), CSR EUROPE, (Jan. 2009), http://www.csreurope.org/data/ files/csr europe working with_you_2009201 0.pdf; A Guide to CSR in Europe - Country Insights by CSR Europe's National Partner Organisations, CSR EUROPE, (Oct. 2009), http://www.csreurope.org/data/files/20091012 a guide to csr in europefinal.pdf (last visited Jan. 12, 2011).", "mime": "application/pdf"}, {"id": "iiclr-17661", "words": "14673", "extension": ".pdf", "flesch": "50", "author": "Jeffery, Michael I.", "title": "Climate Change Mitigation and Adaptation Policy Options: Reducing Australia's Dependence on Coal, Natural Gas, and Other Nonrenewable Energy Resources", "date": "2011", "keywords": "austl; australia; biochar; biofuels; carbon; ccs; change; climate; climate change; coal; copenhagen; countries; cprs; emissions; energy; fossil; ghg; global; government; industry; mitigation; note; policy; projects; reduction; scheme; supra; united", "summary": "17 The importance of coal and other fossil fuels to the Australian economy explains the current political focus on carbon emission reduction and helps contextualize the current debate regarding the Emissions Trading Scheme (ETS) proposed by Kevin Rudd's Labor Government. Apart from imprudent exploitation possibly depleting these exhaustible resources, fossil fuels also contain carbon and contribute to carbon emissions when consumed.", "mime": "application/pdf"}, {"id": "iiclr-17662", "words": "12967", "extension": ".pdf", "flesch": "66", "author": "Taman, Salma", "title": "The Concept of Corporate Social Responsibility in Islamic Law", "date": "2011", "keywords": "business; csr; god; insurance; interest; islamic; law; muhammad; muslims; people; prophet; quran; responsibility; sadaqah; sharia; society; sunnah; zakah", "summary": "Concept of Corporate Social Responsibility in Islamic Law, The THE CONCEPT OF CORPORATE SOCIAL RESPONSIBILITY IN ISLAMIC LAW Salma Taman* INTRODUCTION This Article analyzes whether the concept of corporate social responsibility (CSR) is consistent with Islamic law (Sharia). The goal is to survey the primary sources of Sharia in an attempt to find any Islamic notions, Quranic verses, or Prophetic Hadiths that are related to CSR and that show that it is supported by and consistent with Islamic law.", "mime": "application/pdf"}, {"id": "iiclr-17663", "words": "5789", "extension": ".pdf", "flesch": "49", "author": "Xiangshun, Ding", "title": "Chinese Corporate Lawyers Face Challenges in Maintaining Corporate Social Responsibility in the Age of Globalization", "date": "2011", "keywords": "challenges; china; chinese; clients; enterprises; firms; international; justice; lawyers; ministry; practice; state; work", "summary": "When Chinese corporations enter international business, the corporate counsels for both sides of a transaction are not strict competitors; they seek a common ground for their clients.32 In some important projects, such as IPOs, the collaboration between Chinese lawyers and foreign lawyers is critical because foreign corporate lawyers have expertise in 28. Throughout this process, Chinese corporate lawyers have faced new challenges emerging from the needs of their clients in a newly globalized China and from society for maintaining social responsibility.", "mime": "application/pdf"}, {"id": "iiclr-17665", "words": "10181", "extension": ".pdf", "flesch": "51", "author": "Lo, Chang-fa", "title": "The Difference Between Treaty Interpretation and Treaty Application and the Possibility to Account for Non-WTO Treaties During WTO Treaty Interpretation", "date": "2012", "keywords": "article; body; international; law; non; treaties; treaty; treaty interpretation; wto; wto agreement; wto treaty", "summary": "53 The Panel Report on the same case further indicates that the Information Technology Agreement (ITA) is an instrument that may be used to provide context for WTO treaty interpretation because the ITA was proposed, drafted, and agreed to by a subset of WTO Members and other states or separate custom territories in the process of acceding to the WTO.54 L. REV. non-WTO treaties may help to harmonize the different treaty systems and reduce potential conflicts between WTO treaties and other treaties (such as environmental treaties).", "mime": "application/pdf"}, {"id": "iiclr-17666", "words": "22035", "extension": ".pdf", "flesch": "55", "author": "Bremer, Emily S.", "title": "The Dynamic Last-In-Time Rule", "date": "2012", "keywords": "authority; convention; court; executive; icj; law; medellin; nation; note; power; self; sovereign; states; statute; supra; time rule; treaties; treaty; u.s; united; united states; vienna", "summary": "See, e.g., Ku, supra note 5, at 337 (explaining that [i]nternational institutions ... may be authorized to issue binding interpretations of U.S. treaty obligations, and when faced with conflicts between domestic law and U.S. treaty obligations to international institutions, courts have invoked the last-in-time rule and will enforce federal law enacted later in time to the treaty's ratification). THE DOMESTIC JUDICIAL ENFORCEMENT OF TREATIES The domestic enforcement of U.S. treaty obligations is governed by 77.", "mime": "application/pdf"}, {"id": "iiclr-17667", "words": "10870", "extension": ".pdf", "flesch": "59", "author": "Province, Adam G.", "title": "Killing Me Softly: A Comparative Review of Chinese Inheritance Law to Address the Problem of Elder Abuse and Neglect in the United States", "date": "2012", "keywords": "abuse; american; care; child; china; chinese; elder; family; inheritance; law; neglect; note; probate; property; rev; supra; system; testator", "summary": "Killing Me Softly: A Comparative Review of Chinese Inheritance Law to Address the Problem of Elder Abuse and Neglect in the United States KILLING ME SOFTLY: A COMPARATIVE REVIEW OF CHINESE INHERITANCE LAW TO ADDRESS THE PROBLEM OF ELDER ABUSE AND NEGLECT IN THE UNITED STATES Adam G. Province* Treat your elders as elders, and extend it to the elders of others; treat your young ones as young ones, and extend it to the young ones of others; then you can turn the whole world in the palm of your hand. Chinese inheritance law needs to keep up with the rapidly changing characteristics of both families and its economy.", "mime": "application/pdf"}, {"id": "iiclr-17669", "words": "17971", "extension": ".pdf", "flesch": "63", "author": "Knapp, Kiyoko Kamio", "title": "Warriors Betrayed: How the \"Unwritten Law\" Prevails In Japan", "date": "1996", "keywords": "company; compensation; death; defense; employees; employment; following; hours; individual; inoue; int'l; japanese; karoshi; labor; law; life; national; overtime; rev; rights; society; supra note; system; values; victims; warriors; work; workers; working", "summary": "In fact, the absence of sanctions constitutes a common feature of Japanese law. For an overview of Japanese attitude toward law, see David A. Funk, Traditional Japanese Jurisprudence: Justifying Loyalty and Law, 17 S.U. L. REV. 171 (1990); Michael Thompson, Dispute Resolution in Japan: the Non-Litigious Way, LAW & Soc'y J., 30, 31 (May 1986); YOSHIYUKi NODA, INTRODUCTION To JAPANESE LAW 14 (A. Angelo trans., 1976).", "mime": "application/pdf"}, {"id": "iiclr-17670", "words": "16270", "extension": ".pdf", "flesch": "64", "author": "Heider, Jennifer", "title": "Unveiling the Truth Behind the French Burqa Ban: The Unwarranted Restriction of the Right to Freedom of Religion and the European Court of Human Rights", "date": "2012", "keywords": "article; ban; burqa; burqa ban; convention; court; d. para; echr; european; france; freedom; french; human; islamic; law; muslim; note; public; religion; rights; state; supra; supra note; women", "summary": "And because Muslim head coverings appear to be more prevalent in European countries other than France, it stands to reason that burqa bans in other European countries would result in the widespread denial of Muslim women's 353. 278 Further, human rights law has clearly established that the disquiet of one person cannot be used to justify a restriction on the freedom of 268.", "mime": "application/pdf"}, {"id": "iiclr-17671", "words": "23235", "extension": ".pdf", "flesch": "57", "author": "Lee, Lawrence L. C.", "title": "Taiwan's Antitrust Statutes: Proposals for a Regulatory Regime and Comparison of U.S. and Taiwanese Antitrust Law", "date": "1996", "keywords": "act; antitrust; art; article; business; clayton; clayton act; competition; d. art; economic; fair; federal; federal trade; ftc; ftl; law; laws; market; merger; note; sherman; states; supra; taiwan; trade; trade commission; trade law; u.s; u.s.c; united", "summary": "Antitrust law also seeks to establish a regulatory framework within which private enterprises are free to seek maximized profits without invoking governmental interference which diversifies competition.2' Maximized economic profits for private industries, however, will frequently be contrary to governmental economic policy, as expressed through a comprehensive set of antitrust laws. The antitrust laws are designed to control the exercise of private economic power by preventing monopolies and protecting competition.45 Under this basic theory of antitrust law, many modern commercial powers, including the United States, Germany, and other wealthy nations, have enacted antitrust laws to ensure fair trade and consumer protection.", "mime": "application/pdf"}, {"id": "iiclr-17672", "words": "11785", "extension": ".pdf", "flesch": "58", "author": "McLaughlin, Ryan", "title": "Warning! Children's Brains in Danger: Legislative Approaches to Creating Uniform Return-to- Play Standards for Concussions in Youth Athletics", "date": "2012", "keywords": "act; athletes; brain; concussion; football; head; injuries; injury; law; legislation; management; new; note; play; players; return; safety; school; sports; states; supra; united; youth", "summary": "As a partnership between the University of Washington School of Medicine, Seattle Children's Hospital, and Harborview Medical Center, the Program is composed of health care professionals in neuropsychology, rehabilitation medicine, and sports medicine, and it aims to provide education and awareness on sports-related concussion prevention as well as proper treatment and rehabilitation for concussion injuries. 34 C. Youth Sports High school athletic programs also have begun to designate procedures for addressing concussion injuries.", "mime": "application/pdf"}, {"id": "iiclr-17673", "words": "21064", "extension": ".pdf", "flesch": "64", "author": "Hendel, Joseph", "title": "Equity in the American Courts and in the World Court: Does the End Justify the Means?", "date": "1996", "keywords": "american; case; court; delimitation; discretion; equity; i.c.j; international; judge; justice; law; means; note; opinion; power; principles; result; rules; states; supra; supra note; system; world; world court", "summary": "Although a bifurcated system of common law courts and equity courts would eventually arise in England, for almost two centuries after the Norman conquest the common law and equity existed as one undifferentiated system administered by the prerogative power of the king. ' Adjudications of cases in equity were made on the basis of natural justice because guiding precedent for such cases had not yet been established.47 But as more cases were decided, equity courts began to adhere to precedent rather than only natural justice. 39.", "mime": "application/pdf"}, {"id": "iiclr-17674", "words": "14570", "extension": ".pdf", "flesch": "57", "author": "Shope, Mark L.", "title": "The Adoption and Function of International Instruments: Thoughts on Taiwan's Enactment of the Act to Implement the ICCPR and the ICESCR", "date": "2012", "keywords": "act; article; committee; covenant; human; iccpr; icescr; int'l; international; law; laws; ngos; note; reporting; rights; rights committee; states; supra; supra note; taiwan", "summary": "Accordingly, reference to international treaties by the Taiwanese courts is perfectly congruent with the precepts of Taiwan's legal tradition.97 By stating that [h]uman rights protection provisions in the two Covenants have domestic legal status, Article 2 of the Taiwan Act simply reinforces the fact that these international instruments will be given equal or possibly higher normative status than ordinary national legislation.98 To fulfill the Taiwan Act's desire to strengthen Taiwan's human rights protection system, the Judicial Yuan (the highest judicial organ of Taiwan), in addition to incorporating international instruments into court Interpretations, has drafted legislation to harmonize Taiwan laws with the Taiwan Act.99 Article 5 states that [t]he government should cooperate with other national governments and international non-governmental organizations and human rights institutions to realize promotion and protection of human rights provisions in the two Covenants.' 9 Article 6 states that [t]he government should set up human rights reports system in accordance with the two Covenants., 20 Specifically, this Note begins with a discussion of the rights embodied in the Covenants and briefly discusses their relation to Taiwan's constitutional and legislative guarantees of civil, political, economic, social, and cultural rights.2 Further discussion includes the challenges of international human rights law in Taiwan and the judicial adoption and the function of international human rights law from both a monist and a dualist point of view.", "mime": "application/pdf"}, {"id": "iiclr-17675", "words": "19583", "extension": ".pdf", "flesch": "58", "author": "Sorg, Terrence J.", "title": "Global Hunger, a Doubling Population, and Environmental Degradation: Justifying Radical Changes in U.S. Farm Policy", "date": "1996", "keywords": "act; agricultural; bill; countries; farm; farmers; food; government; growth; hunger; income; int'l; internet; land; market; note; payments; people; percent; policy; population; prices; production; programs; rights; states; supra; supra note; trade; u.s; united; world; years", "summary": "L. REV. international level,' but pressure in the United States comes from environmental groups urging tighter legislation regarding farm chemicals78 and fertilizers, as well as the pursuit of environment-friendly sustainable agriculture.79 Without farm chemicals, estimates indicate that world food production would be reduced by forty percent and food costs would rise by seventy percent.80 In the United States, soybean yields would drop by 37 percent, wheat by 38 percent, cotton by 62 percent, rice by 63 percent, peanuts by 78 percent, and field corn by 53 percent. 159 Domestic and global environmental concerns also dictate significant revision of U.S. farm programs.", "mime": "application/pdf"}, {"id": "iiclr-17676", "words": "11077", "extension": ".pdf", "flesch": "61", "author": "Winkleman, Tyler", "title": "Automatic Information Exchange as a Multilateral Solution to Tax Havens", "date": "2012", "keywords": "agreement; assets; countries; directive; exchange; havens; income; information; ireland; multilateral; note; oecd; para; savings; supra; supra note; tax; tax havens", "summary": "15 This Note focuses on two of the four listed factors-lack of regime transparency and ineffective exchange of tax information. 9 Part II examines the steps taken by the OECD to support regime transparency and the effective exchange of tax information among nations.", "mime": "application/pdf"}, {"id": "iiclr-17677", "words": "10694", "extension": ".pdf", "flesch": "63", "author": "Norman, Adam B.", "title": "The Rape Controversy: Is a Revision of the Status of Forces Agreement with Japan Necessary?", "date": "1996", "keywords": "agreement; criminal; forces; japan; japanese; jurisdiction; military; note; okinawa; rape; sofa; states; supra; u.s; united states", "summary": "However, [w]ith the end of the Cold War, the need for United States military presence .... may not seem as obvious to [these] foreign [nations]. If charged with the maximum sentence for rape resulting in injury, the servicemen would face life in prison in Japan.33 To many Okinawans, the rape is just one example of the many crimes committed by United States servicemen throughout the years.", "mime": "application/pdf"}, {"id": "iiclr-17678", "words": "12855", "extension": ".pdf", "flesch": "67", "author": "Jansen, Gregg", "title": "The United States Moves Ahead of the European Union in Patent Protection for Computer Software", "date": "1996", "keywords": "application; computer; computer software; court; european; guidelines; law; note; patent; process; program; protection; pto; software; states; supra; united", "summary": "This publication signals a change in attitude by the PTO toward computer software patents. In Diehr, the Court instructed the Patent Office to determine statutory subject matter by looking at all claims as a whole and not the novelty of the claim.87 The Court reiterated Benson by stating that the legislature had not placed any limitations on computer software patents in Title 35 of the United States Code.", "mime": "application/pdf"}, {"id": "iiclr-17684", "words": "32805", "extension": ".pdf", "flesch": "54", "author": "Vaughn, Robert G.", "title": "A Comparative Analysis of the Influence of Legislative History on Judicial Decision-Making and Legislation", "date": "1996", "keywords": "act; appeal; courts; deb; discrimination; e.a.t; english; history; house; i.r.l.r; interpretation; language; legislative; lord; meaning; note; opinions; parliament; purpose; race; sex; sex discrimination; statutes; supra; use; words", "summary": "Comparative Analysis of the Influence of Legislative History on Judicial Decision-Making and Legislation, A A COMPARATIVE ANALYSIS OF THE INFLUENCE OF LEGISLATIVE HISTORY ON JUDICIAL DECISION-MAKING AND LEGISLATION Robert G. Vaughn* I. INTRODUCTION Recent Supreme Court opinions often attack the use of legislative history in the interpretation of statutes.' E.g., Stuart, 489 U.S. at 371-73 (Justice Scalia's comments on the primacy of the words of the statute enacted by Congress); Public Citizen, 491 U.S. at 470 (Kennedy, J., concurring) (arguing that the plain language of the statute should control unless the result is absurd); Kenneth W. Starr, Observations about the Use of Legislative History, 1987 DUKE L. J. 371, 374 (expressing reservations about the use of legislative history). IND. INT'L & COMP.", "mime": "application/pdf"}, {"id": "iiclr-17685", "words": "16182", "extension": ".pdf", "flesch": "53", "author": "Mack, Raneta Lawson", "title": "It's Broke So Let's Fix It: Using a Quasi-inquisitorial Approach to Limit the Impact of Bias in the American Criminal Justice System", "date": "1996", "keywords": "accusatorial; bias; court; criminal; defendant; evidence; judge; justice; justice system; law; police; process; prosecutor; supra; supra note; system; trial; truth; u.s", "summary": "The discussion of inquisitorial systems is not meant to describe any particular country, and indeed, although inquisitorial systems provide fairly simple models of procedure, there is no single model to which all countries conform. See, e.g., Moskovitz, supra note 22, at 1128 (the inquisitorial system is described as such because it is based upon the tribunal's duty to inquire to find the truth); Damalka, supra note 19, at 586 (singular importance of inquisitorial system is ascertaining the truth at trial); but cf.", "mime": "application/pdf"}, {"id": "iiclr-17686", "words": "7382", "extension": ".pdf", "flesch": "53", "author": "Levy, David A.", "title": "BOT and Public Procurement: A Conceptual Framework", "date": "1996", "keywords": "bank; bot; development; government; guidelines; infrastructure; international; law; model; operate; procurement; project; public; state; supra note; uncitral; world", "summary": "BOT projects are also popular in the Philippines. In addition, a number of highway projects in Mexico have been planned as BOT projects.", "mime": "application/pdf"}, {"id": "iiclr-17687", "words": "8507", "extension": ".pdf", "flesch": "60", "author": "Bogen, David S.", "title": "Telling the Truth and Paying for it: A Comparison of Two Cases-Restrictions on Political Speech in Australia and Commercial Speech in the United Statestates", "date": "1996", "keywords": "ballot; commonwealth; court; government; justice; law; speech; state; vote; voting", "summary": "He said that the State failed to meet its burden to show that the regulation would advance its interest in promoting temperance by significantly reducing alcohol consumption.6 Citing alternatives such as higher taxes and direct regulation of sales as well as educational campaigns, he added that the State could not satisfy the requirement that the restriction on speech be no more extensive than necessary.6 9 Stevens concluded that the State failed to establish a reasonable fit between its abridgment of speech and its temperance goal even under the less than strict standard that generally applies in commercial speech cases.7 Telling the Truth and Paying For It: A Comparison of Two Cases - Restrictions on Political Speech in Australia and Commercial Speech in the United States TELLING THE TRUTH AND PAYING FOR IT: A COMPARISON OF TWO CASES-RESTRICTIONS ON POLITICAL SPEECH IN AUSTRALIA AND COMMERCIAL SPEECH IN THE UNITED STATES David S. Bogen* Two cases decided last year appear to provide a stark contrast in philosophy toward the basic human right of freedom of speech.", "mime": "application/pdf"}, {"id": "iiclr-17688", "words": "14276", "extension": ".pdf", "flesch": "58", "author": "Arvin, Christina D.", "title": "Virtual Elimination of Dioxin: Efforts of the United States and Canada to Eliminate Dioxin Pollution as Required by the Great Lakes Water Quality Agreement", "date": "1996", "keywords": "act; agreement; canada; dioxin; effects; epa; great; industry; initiative; lakes; lakes water; mills; note; paper; pollution; pulp; quality; states; supra; supra note; toxic; united; water", "summary": "Id. at 478 n. 110 (quoting United States/Canada Great Lakes Water Quality Agreement: Hearing Before the Subcomm. In the Great Lakes area, the leading route of exposure is through food consumption, especially fish.", "mime": "application/pdf"}, {"id": "iiclr-17689", "words": "12056", "extension": ".pdf", "flesch": "64", "author": "Quill, Adrienne M.", "title": "To Prosecute or not to Prosecute: Problems Encountered in the Prosecution of Former Communist Officials in Germany, Czechoslovakia, and the Czech Republic", "date": "1996", "keywords": "border; communist; court; czechoslovakia; east; file; germany; government; honecker; law; lexis; library; note; officials; republic; rights; supra; trial; txtnws; world; world library", "summary": "In the first trial, four border guards were charged with manslaughter under East German law in the death of twenty-year-old waiter, Chris Gueffroy, who attempted to flee East Germany by climbing over the Berlin Wall.'0 I. BRIEF HISTORY OF COMMUNIST RULE A. East Germany The Communists ruled the German Democratic Republic (GDR) with an iron fist from the end of World War II until the Berlin Wall fell in 1989.", "mime": "application/pdf"}, {"id": "iiclr-17690", "words": "13257", "extension": ".pdf", "flesch": "65", "author": "Riehle, Ann", "title": "Canada's \"Barbie and Ken\" Murder Case: The Death Knell of Publication Bans?", "date": "1996", "keywords": "bans; bernardo; canada; canadian; case; charter; court; expression; fair; freedom; homolka; law; media; proceedings; publication; publication bans; rights; trial", "summary": "Whatever balancing took place in the Bernardo decision certainly weighed in favor of fair trial rights. A PROPOSED RESOLUTION Publication bans do not properly resolve the conflict between free expression and fair trial rights.", "mime": "application/pdf"}, {"id": "iiclr-17691", "words": "9424", "extension": ".pdf", "flesch": "65", "author": "Shavloske, Patrick", "title": "The Canadian-Spanish Fishing Dispute: A Template for Assessing the Inadequacies of the United Nations Convention on the Law of the Sea and a Clarion Call for Ratification of the New Fish Stock Treaty", "date": "1996", "keywords": "canada; canadian; dispute; fisheries; fishing; law; note; rights; seas; spain; state; supra; unclos", "summary": "Freedom of fishing on the high seas is plainly affirmed; yet at the same time, fishing states must exercise this freedom with due regard to other states. However, the court also held that: Neither right is an absolute one: the preferential rights of a coastal State are limited according to the extent of its special dependence on the fisheries and by its obligation to take account of the rights of other States and the needs of conservation; the established rights of other fishing States are in turn limited by reason of the coastal State's special dependence on the fisheries and its own obligation to take account of the rights of other States.", "mime": "application/pdf"}, {"id": "iiclr-17693", "words": "9417", "extension": ".pdf", "flesch": "53", "author": "Hutchison, Harry", "title": "Review Essay: Towards a Transnational Conception of the Antiphonal Group Rights Wrangle Preferential Policies: An International Perspective, Thomas Sowell, (William Morrow, New York, 1990).", "date": "1997", "keywords": "action; american; discrimination; group; group rights; income; majority; minority; note; policies; preferences; rights; sowell; states; supra; united", "summary": "In the United States, there is an impending sense that affirmative action and group preferences may be abruptly terminated. Such results once again eviscerate the assertion that group preferences are warranted on the grounds that large disparities in representation are solely due to discrimina- tion.", "mime": "application/pdf"}, {"id": "iiclr-17694", "words": "4859", "extension": ".pdf", "flesch": "56", "author": "Cross, Frank B.", "title": "International Determinants of Human Rights and Welfare: Law, Wealth or Culture", "date": "1997", "keywords": "asia; culture; east; freedom; human; law; lawyers; rights; wealth; welfare", "summary": "See also HUMAN RIGHTS IN THE AMERICAS: THE STRUGGLE FOR CONSENSUS (Alfred T. Hennelly & John Langan eds., 1982) (presenting perspectives on human rights from various traditions, both religious and secular philosophical); AsIAN PERSPECTIVES ON HUMAN RIGHTS (Claude E. Welch, Jr. & Virginia A. Leary eds., 1990) (discussing human rights concepts from the 19971 IND. INT'L & COMP. If the sources of this variance can be identified, we may better be able to define and implement policies to advance human rights and welfare across the globe.", "mime": "application/pdf"}, {"id": "iiclr-17695", "words": "13076", "extension": ".pdf", "flesch": "75", "author": "Gabriel, Henry D.", "title": "A Primer on the United Nations Convention on the International Sale of Goods: From the Perspective of the Uniform Commercial Code", "date": "1997", "keywords": "article; breach; buyer; cisg; contract; d. art; goods; seller; u.c.c; ucc", "summary": "Paragraph (2) of Article 35 describes the ways in which goods conform to the contract, and Article 35(3) relieves the seller of liability under paragraph (2) if the buyer knew of the nonconformity at the time the contract was concluded.69 Under the UCC, the provisions on the quality of the goods ae embodied in the sections on warranties: \u00a7 2-313 (express warranties), \u00a7 2-314 (implied warranty of merchantable quality), and \u00a7 2-315 (implied warranty of fitness for a particular purpose).7 Paragraph (1) of the CISG Article 35 reinforces the principle that the parties must comply with the terms of the contract.7' Concomitantly, the UCC \u00a7 2-313 requires the goods to conform to any contract description.72 Paragraph (2)(a) of Article 35 and UCC \u00a7 2-314(2) both require that goods be fit for the ordinary purposes for which such goods are used. SCOPE The United Nations Convention for the International Sale of Goods applies to contracts for the sale of goods between parties whose places of business are in different States [countries] and either both of those States are Contracting States or the rules of private international law lead to the law of a Contracting State.", "mime": "application/pdf"}, {"id": "iiclr-17696", "words": "32802", "extension": ".pdf", "flesch": "50", "author": "Bendor, Ariel L.", "title": "Are There Any Limits To Justiciability? The Jurisprudential and Constitutional Controversy in Light of the Israeli and American Experience", "date": "1997", "keywords": "authorities; authority; case; considerations; court; decision; discretion; government; h.c; israel; issue; justice; justiciability; law; matter; minister; non; normative; p.d; public; questions; reasonableness; review; rights; rule", "summary": "Indeed, even with respect to the more common understanding of political questions, which identifies them with questions relating to the areas of foreign policy and national security, to the internal relations of governmen- tal institutions, and sometimes also to questions of macro-economics, there is no basis to viewing a dichotomy between such political questions and legal questions. This outlook has accorded the judiciary a monopoly in determining questions of law, while, at the same time, denying it all jurisdiction or legitimacy for dealing (save through the application of substantive legal norms) in non-legal questions and, most especially, in political questions and policy issues.", "mime": "application/pdf"}, {"id": "iiclr-17697", "words": "5537", "extension": ".pdf", "flesch": "59", "author": "Bleich, Moshe A.; Pollack, Daniel", "title": "Search and Seizure in Schools: A Comparison of Historical Jewish Legal Sources and Contemporary United States Law", "date": "1997", "keywords": "henkin; law; object; property; rabbi; school; search; student; teacher; theft", "summary": "3 It is evident that, while traditional halachic sources focus on confisca- tion of student property for mild disciplinary purposes, contemporary American courts are confronted with serious -security concerns. [E]valuating the nature of the suspected infraction strictly in terms of the danger it presents to other students, it does not begin to approach the threat posed by the possession of weapons or drugs.26 Based on reasonable suspicion, it is valid to search a particular student's jacket,27 or a particular student's purse,2 for drugs.", "mime": "application/pdf"}, {"id": "iiclr-17698", "words": "20253", "extension": ".pdf", "flesch": "62", "author": "Fette, Sarah E.", "title": "Learning from Our Mistakes: The Aftermath of the American Divorce Revolution as a Lesson in Law to the Republic of Ireland", "date": "1997", "keywords": "courts; divorce; divorce laws; fault; fault divorce; ireland; irish; law; laws; maintenance; marriage; new; property; referendum; republic; separation; spouses; states; supra note; time; united; women", "summary": "2 Other states soon followed its lead, sparking a widespread liberalization of divorce laws in the United States.2 Although American divorce laws are statutory and vary from state to state, most states today have adopted some type of no-fault divorce law, in which the irretrievable breakdown of a marriage or irreconcilable differences between spouses 14. As Ireland tackles this challenge, it should not hesitate to look to the United States as a model of both what to do and what not to do in the area of divorce law.", "mime": "application/pdf"}, {"id": "iiclr-17699", "words": "15390", "extension": ".pdf", "flesch": "54", "author": "Little, Traci R.", "title": "Protecting the Right to Live: International Comparison of Physician-Assisted Suicide Systems", "date": "1997", "keywords": "act; assistance; care; court; criteria; death; dutch; euthanasia; health; life; medical; patient; physician; request; right; supra; supra note; system", "summary": "See also Dillmann & Legemaate, supra note 44, at 84 (stating that of the five cumulative requirements for physician assistance, one is e. consultation of another physician). ' A patient who is suffering from or being treated for a treatable clinical depression is considered incompetent and unable to qualify for physician assistance in terminating his or her life until the condition has been successfully treated.", "mime": "application/pdf"}, {"id": "iiclr-17700", "words": "14113", "extension": ".pdf", "flesch": "58", "author": "Long, Susan I.", "title": "A Challenge to the Legality of Title III of LIBERTAD and an International Response", "date": "1997", "keywords": "act; claims; cuba; doctrine; foreign; government; iii; international; jurisdiction; law; libertad; nationals; property; states; title; title iii; u.s; united; united states", "summary": "However, under Title III U.S. nationals, who at the time of confiscations of their properties were not U.S. nationals are entitled to bring suit. Finally, U.S. Title III jurisdiction cannot be justified either under the passive personality or protective principles.", "mime": "application/pdf"}, {"id": "iiclr-17702", "words": "18733", "extension": ".pdf", "flesch": "60", "author": "Britton, Philip", "title": "Gay and Lesbian Rights in the United Kingdom: The Story Continued", "date": "2000", "keywords": "act; article; case; convention; court; discrimination; english; european; family; gay; human; kingdom; law; lesbian; men; note; parliament; protection; rights; sex; supra; united", "summary": "The Human Rights Act 1998, ch. 42, will bring the broad principles of the European Human Rights Convention into direct operation in English law for the first time when it enters force on October 2, 2000, but the approach adopted falls short of giving these principles (or the Act itself) a higher status than existing legislation. In practice, as the article explained, this rather negative picture of English law, appearing still to uphold and enforce Victorian or pre-Industrial moral values, is not the whole story, in at least three respects.", "mime": "application/pdf"}, {"id": "iiclr-17703", "words": "24108", "extension": ".pdf", "flesch": "60", "author": "Singh, M. P.", "title": "Securing the Independence of the Judiciary--The Indian Experience", "date": "2000", "keywords": "appointment; art; chief; chief justice; constitution; court judges; courts; executive; high; high court; independence; india; judges case; judicial; judiciary; justice; law; note; president; s.c; state; supra; supra note; supreme court", "summary": "Every High Court is a court of record with power to punish for contempt.4 The High Courts consist of a Chief Justice and such other judges as the President may from time to time deem it necessary to appoint.5 High Court judges are appointed by the President after consultation with the Chief Justice of India, the Governor of the State, and the Chief Justice of the High Court.' Therefore, in 1945 the Sapru Committee recommended in its constitutional proposals that the justices of the Supreme Court and the High Courts should be appointed by the head of state in consultation with the Chief Justice of the Supreme Court and, in the case of High Court judges, in consultation additionally with the High Court Chief Justice and the head of the unit concerned.", "mime": "application/pdf"}, {"id": "iiclr-17704", "words": "11096", "extension": ".pdf", "flesch": "59", "author": "Lacey, Michael", "title": "Self-Defense or Self-Denial: The Proliferation of Weapons of Mass Destruction", "date": "2000", "keywords": "article; bin; citizens; defense; force; ladin; law; nations; security; self; state; terrorist; threat; u.s; united; united states; use", "summary": "Finally, the terrorist organization lacks the capacity to enter into legitimate agreements with other states. Juris ad vitae is far from being a novel concept in international law; it has its roots in the related concept of state responsibility.", "mime": "application/pdf"}, {"id": "iiclr-17705", "words": "9115", "extension": ".pdf", "flesch": "66", "author": "Birdsong, Leonard E.", "title": "In Quest of Gender-Bias in Death Penalty Cases: Analyzing the English Speaking Caribbean Experience", "date": "2000", "keywords": "appeal; bias; case; court; death; death penalty; death row; evidence; gender; penalty; ramjattan; rights; row; states; trinidad; women", "summary": "He maintains that it is his opinion, and he believes the opinion of the majority of Trinidadians, that to put a woman to death, any woman, would be like putting one's sister or mother to death; it is too unseemly to contemplate.67 Perhaps Justice Edo has articulated the root of gender-bias in death penalty cases: the unseemly notion of, perhaps, putting our sisters or mothers to death. Douglas Mendes is one of the attorneys who has worked on the brief for Ramjattan's case, as well as briefs for a number of other death penalty cases.", "mime": "application/pdf"}, {"id": "iiclr-17706", "words": "24423", "extension": ".pdf", "flesch": "61", "author": "Hoffman, Traci J.", "title": "Organ Donor Laws in the U.S. and the U.K.: The Need for Reform and the Promise of Xenotransplantation", "date": "2000", "keywords": "act; ann; body; britain; consent; death; doctors; donation; donor; gift; health; human; individual; laws; medical; new; number; organ; organ donation; organ donor; organ procurement; organ transplantation; organ transplants; procurement; public; rev; states; supra note; system; tissue; transplants; u.s; united; xenotransplantation", "summary": "L. REV. dialysis for their survival when kidney transplants would have proved less expensive26 and would have given them a better quality of life.27 Rather than searching for ways to decrease demand, the focus has been on increasing the supply of transplantable organs.28 One way to accomplish this is by creating legislation aimed at increasing the number of organ donors. B. Types of Organ Donor Laws Legislation aimed at increasing the number of organ donors takes two forms: encouraged volunteerism and presumed consent.", "mime": "application/pdf"}, {"id": "iiclr-17707", "words": "15389", "extension": ".pdf", "flesch": "64", "author": "Bumgardner, Cynthia M.", "title": "Euthanasia and Physician-Assisted Suicide in the United States and the Netherlands: Paradigms Compared", "date": "2000", "keywords": "act; care; court; death; doctors; dutch; euthanasia; law; life; medical; netherlands; oregon; pain; pas; patient; people; physician; report; request; rev; states; suicide; supra note", "summary": "See OHD Report, supra note 47. See OHD Report, supra note 47, at I (stating that ending life in compliance with the Act does not constitute suicide).", "mime": "application/pdf"}, {"id": "iiclr-17708", "words": "21022", "extension": ".pdf", "flesch": "58", "author": "Hackenberg, Marsha L.", "title": "Can the Optional Protocol for the Convention on the Rights of the Child Protect the Ugandan Child Soldier?", "date": "2000", "keywords": "age; article; child soldiers; children; conflicts; convention; crc; declaration; geneva; international; law; nations; protection; protocol; recruitment; report; rights; states; supra note; ugandan; united; use", "summary": "In June 1998, an international campaign to stop the use of child soldiers launched the Coalition to Stop the Use of Child Soldiers (Coalition). 2. See ILENE COHN & GUY S. GOODWIN-GILL, CHILD SOLDIERS: THE ROLE OF CHILDREN IN ARMED CONFLICT 23-31 (1994).", "mime": "application/pdf"}, {"id": "iiclr-17709", "words": "14382", "extension": ".pdf", "flesch": "57", "author": "Springfield, Delisa", "title": "Sisters in Misery: Utilizing International Law to Protect United States Female Prisoners from Sexual Abuse", "date": "2000", "keywords": "abuse; amnesty; convention; female; human; inmates; international; law; prisoners; rape; report; rights; states; supra note; torture; treatment; united; united states; website; women", "summary": "L. REV. staff and even male prisoners-who pay corrections officers for access to women inmates housed in adjoining prison wings. By leaking [this] private information... prison officials coerce women prisoners and staff into silence and insulate themselves from scrutiny.", "mime": "application/pdf"}, {"id": "iiclr-17712", "words": "18661", "extension": ".pdf", "flesch": "57", "author": "Dor, Gal", "title": "Constitutional Dialogues in Action: Canadian and Israeli Experiences in Comparative Perspective", "date": "2000", "keywords": "action; canadian; case; court; decision; dialogue; general; israel; knesset; law; laws; legislation; legislature; majority; new; note; rev; review; rights; section; supra; supra note; supreme court", "summary": "For the similarities and influences of the Canadian Charter on Israeli constitutional law see Zeev Segal, The Israeli Constitutional Revolution: The Canadian Impact in the Midst of a Formative Period, 8 CONST. Knesset Member Avraham Vardiger mentions, (t)he Supreme Court showed us in its decision two ways of which we should choose.", "mime": "application/pdf"}, {"id": "iiclr-17713", "words": "18900", "extension": ".pdf", "flesch": "50", "author": "Gastle, Charles M.; Leach, James", "title": "The Need for an Antidumping Market Structure Test in the Context of Free Trade Agreements", "date": "2000", "keywords": "agreement; antidumping; antitrust; canada; competition; competition law; cost; court; free; home market; law; market; market structure; practices; predatory; price; pricing; standard; states; test; trade; united", "summary": "6 If monopoly power is achieved, the firm has, by definition, captured enough of the market to determine market price by varying its output and thus raising its price to supra-competitive levels. Under circumstances of perfect competition, price will equal marginal cost, as the competitive firm has no power over market price.", "mime": "application/pdf"}, {"id": "iiclr-17714", "words": "17923", "extension": ".pdf", "flesch": "51", "author": "Sheppard, Hale E.", "title": "Dollarization of Ecuador: Sound Policy Dictates U.S. Assistance to this Economic Guinea Pig of Latin America", "date": "2000", "keywords": "american; author; bank; central; countries; country; currency; dollarization; economy; ecuador; exchange; government; international; jan; latin; law; lexis; note; policy; president; rate; states; supra; system; trade; transformation; u.s; united; united states", "summary": "del Ecuador, published in the Official Registry Supplement No.24, Mar. 13, 2000. Dollarization of Ecuador: Sound Policy Dictates U.S. Assistance to this Economic Guinea Pig of Latin America DOLLARIZATION OF ECUADOR: SOUND POLICY DICTATES U.S. ASSISTANCE TO THIS ECONOMIC GUINEA PIG OF LATIN AMERICA Hale E. Sheppard I. INTRODUCTION .", "mime": "application/pdf"}, {"id": "iiclr-17715", "words": "14611", "extension": ".pdf", "flesch": "64", "author": "Babione, John C.", "title": "Mission Accomplished? Fifty-four Years of Suffering for the People of the Marshall Islands and the Latest Round of Endless Reconciliation", "date": "2000", "keywords": "agreement; claims; compact; islands; marshall; marshall islands; marshallese; note; nuclear; program; rmi; section; states; supra; supra note; testing; u.s; united; united states", "summary": "(b) The Government of the United States and the Government of the Marshall Islands shall set forth in a separate agreement provisions for the just and adequate settlement of all such claims which have arisen in regard to the Marshall Islands and its citizens and which have not as yet been compensated or which in the future may arise, for the continued administration by the Government of the United States of direct radiation related medical surveillance and treatment programs and radiological monitoring activities and for such additional programs and activities as may be mutually agreed, and for the assumption by the Government of the Marshall Islands of responsibility for enforcement of limitations on the utilization of affected areas developed in cooperation with the Government of the United States and for the assistance by the Government of the United States in the exercise of such responsibility as may be mutually agreed. For a current overview of the RMI economy see Marshall Islands: Country Profile, ASIA &PAC.", "mime": "application/pdf"}, {"id": "iiclr-17716", "words": "20510", "extension": ".pdf", "flesch": "56", "author": "Clark, Melissa L.", "title": "Israel's High Court of Justice Ruling on the General Security Service Use of \"Moderate Physical Pressure\": An End to the Sanctioned Use of Torture?", "date": "2000", "keywords": "committee; court; dignity; general; government; gss; high; interrogation; israel; knesset; law; laws; legislation; methods; pressure; rights; ruling; security; state; supra note; torture; use", "summary": "NawafAl Kaissi, at http'//www.lawsociety.org/prisoner/tstory/st l.html (reporting testimony of interrogation methods used against a former GSS prisoner); Abed, at http://www.lawsociety.org/prisoncr/tstory/st4.html (accounting of interrogation methods used against a detainee by the GSS); PICCR: Another Palestinian Victim Dies in Israeli Prison, at http://msanews.mynet.net/gateway/piccr/19980202.9.htn (reporting the death of a Palestinian and condemning such practices); B'Tselem, Torture During Interrogations: Testimony of [Vol. 11: I 2000] AN END TO THE SANCTIONED USE OF TORTURE? of confined spaces,46 and general humiliation.4 The use of these methods was approved by not only the Landau Commission, but indirectly by the Israeli High Court of Justice.4 Though the High Court of Justice never specifically ruled on the issue of whether the GSS interrogation methods were lawful prior to September of 1999, the Court faced numerous cases alleging abuse by the GSS and, in those cases, the Court ruled in favor of the GSS.49 Palestinian Detainees and Israeli Interrogators, at http://btselem.netgate.net/REPORTS/1994/nov_l.htn (listing GSS interrogation methods). Numerous human rights groups, however, disagree with both the conclusions of the Landau Commission Report 4 and Israel's position on GSS interrogation methods.", "mime": "application/pdf"}, {"id": "iiclr-17717", "words": "14570", "extension": ".pdf", "flesch": "61", "author": "Gulick, P. Greg", "title": "The Development of a Global Hospital is Closer Than We Think: An Examination of the International Implications of Telemedicine and the Developments, Uses and Problems Facing International Telemedicine Programs", "date": "2000", "keywords": "care; health; health care; hospital; information; international; internet; law; medical; national; note; patient; physician; practice; program; services; states; supra; supra note; system; telemedicine; u.s; united; united states; use; world", "summary": "Telemedicine programs to combat diabetes3' have also been implemented in the United States. 43 Several states have developed telemedicine programs, the most recent being West Virginia.", "mime": "application/pdf"}, {"id": "iiclr-17718", "words": "16043", "extension": ".pdf", "flesch": "57", "author": "Singer, Allyson", "title": "Sex Discrimination in the Hong Kong Special Administrative Region: The Sex Discrimination Ordinance, The Equal Opportunities Commission, and a Proposal for Change", "date": "2000", "keywords": "chinese; commission; court; discrimination; discrimination ordinance; eoc; gender; government; hong kong; kong women; law; note; plaintiff; policy; public; rights; section; sex discrimination; supra; territories; women", "summary": "Nevertheless, the Sex Discrimination Ordinance needs improvement and the establishment of a women's commission is necessary in order to protect the interests of Hong Kong women. However, as discussed below, Hong Kong currently flourishes economically under the Chinese model of one country, two systems 30 ; nevertheless, there is room for improvement in the area of human rights - especially women's rights.3' A. Traditional Treatment of Hong Kong Women Chinese culture and custom have heavily influenced the traditional treatment of Hong Kong women.", "mime": "application/pdf"}, {"id": "iiclr-17720", "words": "17195", "extension": ".pdf", "flesch": "34", "author": "Bejesky, Robert", "title": "An Analytical Appraisal of Public Choice Value Shifts for Environmental Protection in the United States & Mexico", "date": "2001", "keywords": "authority; countries; development; enforcement; environmental; government; individual; industrialization; institutions; law; mexico; nafta; note; pollution; property; protection; public; regulation; rev; rights; society; states; supra; united; united states; values", "summary": "Analytical Appraisal of Public Choice Value Shifts for Environmental Protection in the United States & (and) Mexico, An AN ANALYTICAL APPRAISAL OF PUBLIC CHOICE VALUE SHIFTS FOR ENVIRONMENTAL PROTECTION IN THE UNITED STATES & MEXICO Robert Bejesky* I. INTRODUCTION This Article portrays the evolution of environmental protection institutions as symptomatic of value shifts in countries'-a position that incorporates the two dominant values that encompass the debate concerning sustainable development,2 depicts the balancing of fundamental populace desires, and explains why attaining a higher level of environmental protection in many countries has been and still remains so difficult. The theme assumes that domestic populace value shifts regarding the desired balance between economic development and environmental protection in democracies persuade politicians' preferences and concomitantly precipitate domestic environmental regulatory changes.", "mime": "application/pdf"}, {"id": "iiclr-17721", "words": "13961", "extension": ".pdf", "flesch": "59", "author": "Lundmark, Thomas", "title": "Free Speech Meets Free Enterprise in the United States and Germany", "date": "2001", "keywords": "article; boycott; case; competition; constitution; court; enterprise; fact; federal; freedom; german; int'l; law; new; opinion; people; protection; public; rev; society; speech; statements; states; trade; u.s; united; united states", "summary": "Discussion of that case is deferred until after a comparison of the basic principles from case law in the United States and Germany relative to political boycotts. United States When researching American case law, clear boundaries must be set to avoid losing one's way in a forest of court decisions.", "mime": "application/pdf"}, {"id": "iiclr-17722", "words": "30369", "extension": ".pdf", "flesch": "60", "author": "Lee, Tahirih V.", "title": "Apres Moi Le Deluge? Judicial Review in Hong Kong Since Britain Relinquished Sovereignty", "date": "2001", "keywords": "act; appeal; article; case; chan; decision; director; doctrine; hksar court; hong kong; immigration; interpretation; kong courts; kong government; kong law; law; law article; law committee; lee; ling; npcsc; npcsc decision; power; prc; review; right; state", "summary": "These Democrats criticized even Governor Christopher Patten's pro-democracy government for caving in to China on the terms of the judicial review for Hong Kong courts that the PRC enacted in 1995.6 One American law student concluded in a law review note that, with limitations on judicial review enacted in the Basic Law and in the Hong Kong ordinance establishing Hong Kong's Court of Final Appeal, China eviscerated judicial review. However, today this power is complicated by the two-tiered structure of government in the HKSAR, in which Hong Kong is subject to the administrative decisions of both a local administration and a national administration, and it is unclear whether Hong Kong courts may review PRC administrative acts.", "mime": "application/pdf"}, {"id": "iiclr-17723", "words": "4586", "extension": ".pdf", "flesch": "49", "author": "Suess Kennedy, Sheila", "title": "A Just World At Peace", "date": "2001", "keywords": "global; government; peace; power; public; rights; states; united; world", "summary": "Who are the more important constituents of global government-the nation-states or the people? But it is not only marginalized societies that fear the development of a new world order, conceived as a transnational or supranational authority or world government.", "mime": "application/pdf"}, {"id": "iiclr-17724", "words": "14339", "extension": ".pdf", "flesch": "69", "author": "Janzen, Todd J.", "title": "Nationalize the Revised Article 9 Filing System: A Comparison of the Old Article 9 and Canadian Personal Property Filing Systems", "date": "2001", "keywords": "article; canadian; code; debtor; file; filing; filing system; financing; financing statement; form; law; national; note; party; registration; requirements; rev; section; security; statement; states; supra; supra note; system; u.c.c", "summary": "Although Revised Article 9 does much to centralize and standardize financing statement filings, it makes an exception for real estate related filings. The Article 9 filing system is a product of obsolete technology-it offers substantial limitations for filing systems attempting to move online.", "mime": "application/pdf"}, {"id": "iiclr-17725", "words": "26990", "extension": ".pdf", "flesch": "69", "author": "Middleton, Shannon A.", "title": "Women's Rights Unveiled: Taliban's Treatment of Women in Afghanistan", "date": "2001", "keywords": "afghanistan; article; children; convention; discrimination; education; female; freedom; girls; government; health; interim; international; islamic; kabul; law; life; parties; refugees; report; republic; rights; rights practices; rules; schools; situation; states; supra note; taliban; u.n; united; women; work", "summary": "See Afghanistan Human Rights Practices, 1999, supra note 86. 88. See Afghanistan Human Rights Practices, 1999, supra note 86; Amnesty International Annual Report 2000, available at http://www.web.amnesty.org (last visited Sept. 2, 2000).", "mime": "application/pdf"}, {"id": "iiclr-17726", "words": "17582", "extension": ".pdf", "flesch": "53", "author": "Kenworthy, Dana J.", "title": "The Austrian Psychotherapy Act: No Legal Duty to Warn", "date": "2001", "keywords": "act; confidentiality; court; duty; health; hiv; medical; p.2d; patient; privilege; psychotherapists; psychotherapy; relationship; right; states; supra note; tarasoff; treatment; united", "summary": "See Scott Rogge, M.D., J.D., Liability of Psychiatrists Under New York Law for Failing to Identify Dangerous Patients, 20 PACE L REv. The author suggests that, although mental health professionals should be compelled to testify in restraining order proceedings or hearings regarding involuntary commitment of dangerous patients, the professionals should not be compelled to testify against their patients after the threat has been carried out because public policy safety concerns are not met by breaching the privilege once the threat has been fulfilled.", "mime": "application/pdf"}, {"id": "iiclr-17727", "words": "16898", "extension": ".pdf", "flesch": "71", "author": "Glass, Bradley J.", "title": "A Comparative Analysis of the Right of a Pregnant Woman to Refuse Medical Treatment for Herself and Her Viable Fetus: The United States and United Kingdom", "date": "2001", "keywords": "case; child; court; decision; fetus; health; law; medical; mother; note; patient; right; state; supra; treatment; united; woman", "summary": "78 B. United Kingdom The right of pregnant women to refuse medical treatment has arisen in several situations: forced blood transfusions, forced cesarean sections, and forced treatment on incompetent pregnant women. Courts in the United States and United Kingdom agree that pregnant women have a unique set of personal interests related to the pregnancy, which the courts must protect.45 Both countries also agree that a viable fetus has limited right, and, consequently, it 39.", "mime": "application/pdf"}, {"id": "iiclr-17729", "words": "8434", "extension": ".pdf", "flesch": "55", "author": "Anonymous, Anonymous", "title": "Human Rights in the Horn of Africa", "date": "2001", "keywords": "community; eritrea; ethiopia; force; government; human; law; people; rights; rights violations; situation; sudan; u.n; udhr; violations", "summary": "Human Rights in the Horn of Africa HUMAN RIGHTS IN THE HORN OF AFRICA Anonymous THE CONCEPT OF HUMAN RIGHTS The framework of constitutional law and international law encompasses the notion of human rights, and human rights advocates strive to defend human beings against abuses of power committed by the organs of state and at the same time to promote the establishment of human living conditions. L. REV. I. HISTORICAL BACKGROUND OF HUMAN RIGHTS The concept of human rights dates back to ancient Greece,' when the ancient Greek philosophers first considered this issue.'", "mime": "application/pdf"}, {"id": "iiclr-17730", "words": "11212", "extension": ".pdf", "flesch": "62", "author": "Ismail, Jerry S.", "title": "South Africa's Sunday Law: Finding a Compromise", "date": "2001", "keywords": "act; africa; appellant; constitution; court; law; note; religion; section; south; state; sunday; supra", "summary": "Christians are the majority in such countries and many of them heed the biblical commandment to lay aside their work and observe the Christian Sabbath.2 Sunday laws, then, correlated with the spiritual convictions of much of the population. As Sunday laws continue in a variety of forms today, the debate is centered not only on the original intent but the continuing purpose of the legislation.", "mime": "application/pdf"}, {"id": "iiclr-17731", "words": "8471", "extension": ".pdf", "flesch": "57", "author": "Mitchell, Thomas W.", "title": "The Land Crisis in Zimbabwe: Getting Beyond the Myopic Focus Upon Black & White", "date": "2001", "keywords": "areas; bruce; farmers; farms; government; land; program; reform; resettlement; scale; sector; supra note; white; zimbabwe; zimbabweans", "summary": "The amended LAA-1992 provides for compensa- tion for the acquisition of agricultural land as follows: In respect of the acquisition of agricultural land required for resettlement purposes, compensa- tion shall only be payable for any improvements on or to the land ... 72 On July 15, 2000, Vice President Joseph Msika announced the commencement of the government's Accelerated Land Reform and Resettlement Implementation Plan or the fast-track resettlement plan as it has been commonly designated. Plans to rehabilitate the communal areas or to reform the pattern of land tenure within the communal areas to provide the people living there with more autonomy from government technocrats have not turned into reality on the ground for the most part.", "mime": "application/pdf"}, {"id": "iiclr-17732", "words": "13461", "extension": ".pdf", "flesch": "49", "author": "Berger, Lee F.", "title": "State Practice Evidence of the Humanitarian Intervention Doctrine: The ECOWAS Intervention in Sierra Leone", "date": "2001", "keywords": "afrc; atrocities; doctrine; ecowas; ecowas intervention; evidence; force; government; international; intervention; intervention doctrine; kabbah; law; leone; practice; rights; sierra; sierra leone; state; supra note; u.n", "summary": "L.J. 887 (1992) (promoting an expanded role for U.N. humanitarian interventions while simultaneously denying the legality of any humanitarian intervention without U.N. authority). 28. Humanitarian intervention has been defined as: '[T]he justifiable use of force for the purpose of protecting the inhabitants of another State from treatment so arbitrary and persistently abusive as to exceed the limits within which the sovereign is presumed to act with reason and justice.", "mime": "application/pdf"}, {"id": "iiclr-17733", "words": "15979", "extension": ".pdf", "flesch": "60", "author": "Forest, Laura", "title": "Sierra Leone and Conflict Diamonds: Establishing a Legal Diamond Trade and Ending Rebel Control over the Country's Diamond Resources", "date": "2001", "keywords": "africa; beers; conflict; conflict diamonds; control; council; countries; country; diamond; diamond industry; government; industry; military; origin; president; rebels; resolution; rough; ruf; sierra leone; states; supra note; trade; united; world", "summary": "Therefore, Sierra Leonean diamonds can be officially imported and designated as originating from any country that smuggles them in, and then exports them.97 Liberia, the primary smuggling route for Sierra Leonean diamonds, is the most infamous benefactor of the HRD's loose tracking policy.98 Ultimately, knowing the true origin of a diamond is precluded by the industry actively colludes in crimes committed or permitted by the Liberian government. See Holly Burkhalter, supra note 8, (noting that while Sierra Leonean diamonds illegally enter the world market from several different countries, Liberia is by far the greatest offender).", "mime": "application/pdf"}, {"id": "iiclr-17734", "words": "16351", "extension": ".pdf", "flesch": "60", "author": "Boyle, Heather", "title": "The Land Problem: What Does the Future Hold for South Africa's Land Reform Program?", "date": "2001", "keywords": "act; africa; development; farmers; farms; government; land; land reform; land tenure; mugabe; president; program; property; redistribution; reform program; restitution; rights; south; south africa; supra note; tenure; white; zimbabwe", "summary": "Increasing citizen participation in land reform programs, including formulating policy, makes land reform more effective and easier to implement. Land restitution is useful where an individual's property rights, unjustly taken under colonial rule, can be restored to their status at some pre-determined date.35 When an individual's property rights cannot be restored, restitution provides financial compensation for the individual.3 A third type of land reform, known as land tenure reform, is a concept that signifies 'a bundle of rights' and obligations conferred to the land users.", "mime": "application/pdf"}, {"id": "iiclr-17735", "words": "16988", "extension": ".pdf", "flesch": "60", "author": "Kult, Andrew P.", "title": "Intestate Succession in South Africa: The \"Westernization\" of Customary Law Practices Within a Modern Constitutional Framework", "date": "2001", "keywords": "act; african; bill; commission; constitution; deceased; history; intestate; law; law commission; marriage; note; property; rights; south; south africa; succession; succession act; supra; supra note; system", "summary": "Customary law is also expressly provided for in \u00a7 39, which states in subpart (3) that [tlhe Bill of Rights does not deny the existence of any other rights or freedoms that are recognised [sic] or conferred by... customary law .... Indigenous peoples living in the rural areas of South Africa, ostracized and ethnically segregated for generations, have come to rely on a system of customary law in order to regulate the traditional practices and norms that make up their daily lives.", "mime": "application/pdf"}, {"id": "iiclr-17736", "words": "23803", "extension": ".pdf", "flesch": "57", "author": "Webster, Jeana", "title": "Sierra Leone - Responding to the Crisis, Planning for the Future:. The Role of International Justice in the Quest for National and Global Security", "date": "2001", "keywords": "africa; charter; children; conflict; council; country; court; crimes; criminal; future; general; government; int'l; international; law; nations; peace; report; rev; rights; ruf; rwanda; secretary; security; security council; sierra leone; special; states; supra note; tribunal; u.n; united; war", "summary": "Therefore, the international community must support the establishment of the Special Court and the Truth and Reconciliation Commission, as well as programs making effective use of both international and Sierra Leone resources to facilitate the reconstruction process. In order to learn from the past and avoid its mistakes, the Security Council must not only take measures to consistently uphold its mandate to operate Sierra Leone Court efficiently and neutrally, but it must appear to do so to the people of Sierra Leone.", "mime": "application/pdf"}, {"id": "iiclr-17739", "words": "11085", "extension": ".pdf", "flesch": "62", "author": "Ismail, Jerry S.", "title": "South Africa's Sunday Law. Finding a Compromise*", "date": "2001", "keywords": "act; africa; appellant; constitution; court; law; note; religion; section; south; state; sunday; supra", "summary": "Christians are the majority in such countries and many of them heed the biblical commandment to lay aside their work and observe the Christian Sabbath.2 Sunday laws, then, correlated with the spiritual convictions of much of the population. As Sunday laws continue in a variety of forms today, the debate is centered not only on the original intent but the continuing purpose of the legislation.", "mime": "application/pdf"}, {"id": "iiclr-17740", "words": "13472", "extension": ".pdf", "flesch": "54", "author": "Tse-shyang Chen, Frederick", "title": "The Meaning of \"States\" in the Membership Provisions of the United Nations Charter", "date": "2001", "keywords": "admission; assembly; charter; council; decision; definition; general; international; law; membership; security; statehood; states; territory; u.n; united nations", "summary": "First, they have applied a traditional definition of states in international law which regards an entity as a state if it possesses (a) a permanent population; (b) a defined territory; (c) government; and (d) capacity to enter into relations with other states. Nevertheless, these cases reveal the meager role the criterion capacity to enter into relations with other states has played in the membership practice of the United Nations.", "mime": "application/pdf"}, {"id": "iiclr-17741", "words": "10033", "extension": ".pdf", "flesch": "60", "author": "Keller, Andrew N.", "title": "Punishment for Violations of International Criminal Law: An Analysis of Sentencing at the ICTY and ICTR", "date": "2001", "keywords": "chamber; crimes; ictr; icty; judgement; law; note; prosecutor; sentence; sentencing; supra note; trial", "summary": "In determining the sentence, the Trial Chamber shall take into account the factors mentioned in Article 24, paragraph 2, of the Statute, as well as such factors as: (i) any aggravating circumstances; (ii) any mitigating circumstances including the substantial cooperation with the Prosecutor by the convicted person before or after conviction; (iii) the general practice regarding prison sentences in the courts of the former Yugoslavia; (iv) the extent to which any penalty imposed by a court of any State on the convicted person for the 5. Id. at Art. Thus, although duress could not be a complete defense to Erdemovic's crime, the Trial Chamber considered it a mitigating circumstance.6 a. Sentences of Five and Fifteen Years The Trial Chambers in the Erdemovic and Serushago Sentencing Judgements placed excessive emphasis on relevant mitigating factors and, as a result, imposed exceedingly lenient terms of imprisonment.", "mime": "application/pdf"}, {"id": "iiclr-17742", "words": "14486", "extension": ".pdf", "flesch": "47", "author": "Cohen, Barak", "title": "Democracy and the Mis-Rule of Law: The Israeli Legal System's Failure to Prevent Torture in the Occupied Territories", "date": "2001", "keywords": "commission; court; democracy; government; gss; hcj; human; interrogation; israel; law; military; note; palestinians; rights; rule; security; state; territories; torture; use", "summary": "A cogent examination of the practical results achieved by institutionalized torture and the way that torture is applied strongly suggests that Israel tortures Palestinians for reasons other than those expressed by the Commission, or even officially acknowledged by the Israeli government. Secondly, two of the primary ideological sources of Israeli law--Jewish law and socialism-- do not emphasize individual rights.", "mime": "application/pdf"}, {"id": "iiclr-17743", "words": "7187", "extension": ".pdf", "flesch": "53", "author": "McGregor, Lorna", "title": "Military and Judicial Intervention: The Way Forward in Human Rights Enforcement?", "date": "2001", "keywords": "council; force; int'l; international; intervention; kosovo; law; military; nato; pinochet; rights; state; united; use", "summary": "Military and Judicial Intervention: The Way Forward in Human Rights Enforcement MILITARY AND JUDICIAL INTERVENTION: THE WAY FORWARD iN HUMAN RIGHTS ENFORCEMENT? March 24, 1999 marked the dawn of two important developments in the enforcement of international human rights law. The lack of authority, on the part of the Council, in the Kosovo crisis shatters the prospects of the effective legal enforcement of international human rights law by effectively rendering its enforcement at the hands of political superpowers.", "mime": "application/pdf"}, {"id": "iiclr-17744", "words": "14133", "extension": ".pdf", "flesch": "63", "author": "Newton, Jennifer", "title": "Global Solutions to Prevent Copyright Infringement of Music Over the Interne. The Need to Supplement the WIPO Internet Treaties with Self-Imposed Mandates", "date": "2001", "keywords": "act; copyright; copyright infringement; digital; global; industry; infringement; internet; law; music; protection; rights; states; supra note; treaties; treaty; united; wipo; work", "summary": "Since traditional copyright principles are based upon national borders, the Internet made it necessary to adopt new standards of Copyright protection if international treaties were going to be followed for Copyright infringement protection.7 ' The WIPO Internet Treaties are the first international treaties that deal specifically with copyright infringement over the Internet.'71 B. WIPO Internet Treaties The WIPO Internet Treaties were not swept into adoption at the Diplomatic Conference. L. REV. industry has suffered a great deal from copyright infringement on the Internet.8 Internet Service Providers (ISPs) 9 and services such as Napster 0 are being blamed for most of this piracy.", "mime": "application/pdf"}, {"id": "iiclr-17745", "words": "12036", "extension": ".pdf", "flesch": "60", "author": "Loyd, Gregory S.", "title": "Child Sexual Exploitation in Costa Rica", "date": "2001", "keywords": "art; article; child; children; code; committee; convention; costa; costa rica; crc; exploitation; law; parties; prostitution; rica; rights; sexual; states; supra note; united", "summary": "' Child prostitution is also present in other areas of Costa Rica.42 Paniamor4 3 identified, in particular, that ports catering to tourist yachts, such as Lim6n and Golfito, suffer from child prostitution.' [Vol. 12:1 CHILD SEXUAL EXPLOITATION IN COSTA RICA under these national and international requirements to protect children, particularly in regard to child prostitution for sex tourism.8 The present note argues that Costa Rica is not in full compliance with the Convention on the Rights of the Child.", "mime": "application/pdf"}, {"id": "iiclr-17746", "words": "17963", "extension": ".pdf", "flesch": "60", "author": "Brashear, Andrea D.", "title": "Evolving Biotechnology Patent Laws in the United States and Europe: Are They Inhibiting Disease Research?", "date": "2001", "keywords": "application; biotechnology; biotechnology patent; countries; court; disease; dna; epc; european; gene; genome; human; information; invention; law; laws; patent; patent law; research; states; supra; supra note; term; therapy; u.s; united; year", "summary": "However, the scientists who are attempting to find useful purposes for the HGP knowledge spend large amounts of time and money and therefore seek patents to protect their investment.224 Because great medical benefits could arise through this research, and the known way to secure this research is via patents, one might argue that it is unethical to prohibit gene patents. patent laws are serving us well.", "mime": "application/pdf"}, {"id": "iiclr-17748", "words": "10376", "extension": ".pdf", "flesch": "54", "author": "McNulty, Shannon", "title": "Building Trust in Northern Ireland: The Role of Civilian Review of the Police", "date": "2002", "keywords": "civilian; ireland; northern; northern ireland; note; officers; police; police authority; power; report; review; ruc; supra; supra note; system", "summary": "Because internal and external review structures have their own respective benefits, most of the literature on police review suggests that the most effective type of review combines internal review by the police themselves with some form of external review.24 This combination of internal and external review often takes the form of the civilian monitor model, like the ICPC, where police officers conduct initial investigations, which are supervised and reviewed by a civilian board. This trend toward civilian review is also evidenced in other English-speaking countries.3 In perhaps the most comprehensive study of police review systems, Douglas Perez identifies and evaluates three types of police review: 1) internal review, 2) civilian monitor, and 3) civilian review.4", "mime": "application/pdf"}, {"id": "iiclr-17749", "words": "11156", "extension": ".pdf", "flesch": "60", "author": "Damania, Farzad", "title": "The Internet Equalizer of Freedom of Speech? A Discussion on Freedom of Speech on the Internet in the United States and India", "date": "2002", "keywords": "access; act; court; freedom; india; information; internet; law; march; obscenity; right; speech; standards; states; u.s; united; vsnl", "summary": "The first four applications for private international gateways were cleared only in January 2002, See India to Have 4 Private International Gateways Soon, available at http://asia. L. REV. conventional media.6 Recent legislation by the United States and India reflect the emergence of new standards for the regulation of Internet speech.", "mime": "application/pdf"}, {"id": "iiclr-17750", "words": "14296", "extension": ".pdf", "flesch": "61", "author": "Castor, David A.", "title": "Treading Water in the Data Privacy Age: An Analysis of Safe Harbor's First Year", "date": "2002", "keywords": "citizens; commerce; companies; data; data privacy; directive; european; harbor; information; law; member; principles; privacy; program; protection; states; supra note; u.s", "summary": "A. Review of the First Year: U.S. Companies React to Safe Harbor On the opening date of the program, many felt that U.S. companies would be slow to join. In order to maintain the transfer of data from European nations to U.S. companies, the Department of Commerce initiated negotiations with the EU in 1998.73 Throughout the negotiations, both the U.S. and the EU were in agreement that levels of U.S. privacy protection needed improvement.74 Both parties, however, continued to disagree on the nature of the improvement, each holding to their privacy policy approaches.75 While the EU continued to call on the U.S. to enact federal legislation governing commercial entities' use of personal information transferred from EU Member States, the Department of Commerce continued to hold to its industry self-regulation approach.76 simply calls for the Data Exporter and the Data Importer to undertake the transfer process in accordance with the basic protection rules provided for in the Directive.", "mime": "application/pdf"}, {"id": "iiclr-17751", "words": "18951", "extension": ".pdf", "flesch": "65", "author": "Clark, Regina M.", "title": "China's Unlawful Control Over Tibet The Tibetan People's Entitlement To Self-Determination", "date": "2002", "keywords": "agreement; article; children; china; chinese; control; d. article; determination; discrimination; government; human; international; law; people; right; self; states; supra note; tibet; tibetan; torture", "summary": "Human rights are essential in developing the right to self- determination, 320 as shown by the fact that the right is included in the International Covenant on Economic, Social and Cultural Rights32' and the International Covenant on Civil and Political Rights.322 Therefore, the legal rules applicable to international human rights law are the appropriate legal framework for the right to self-determination. The following general legal rules can be discerned within the international human rights framework: (1) Human rights are interpreted in the context of current standards; (2) Any limitations on the exercise of human rights are limitations to protect other rights or limitations to protect the general interests of society; (3) The limitations on human rights are considered narrowly, with consideration given to the circumstances of the relevant society; and (4) A victim of a violation of human rights must bring the claim.", "mime": "application/pdf"}, {"id": "iiclr-17752", "words": "18732", "extension": ".pdf", "flesch": "64", "author": "Kenworthy, Brian S.", "title": "The Un-Common Law: Emerging Differences Between the United States and the United Kingdom on the Children's Rights Aspects of the Hague Convention on International Child Abduction", "date": "2002", "keywords": "article; child; child abduction; children; court; custody; exception; hague convention; harm; international; law; objection; return; rights; risk; supra note; u.s; un convention", "summary": "The High Court of Justice-Family Division exercises jurisdiction over private law actions of matrimony, paternity, adoption and guardianship, and exercises appellate jurisdiction over adoption, child custody and child protection actions... Most cases concerning the return of children from one country to another involve competing claims by two estranged parents.", "mime": "application/pdf"}, {"id": "iiclr-17753", "words": "16303", "extension": ".pdf", "flesch": "63", "author": "Hall, Jacquelin Marie", "title": "Sink or Swim: The Deadly Consequences of People Smuggling", "date": "2002", "keywords": "act; asylum; australia; boat; convention; country; court; international; law; migration; nations; new; non; note; people; person; protection; refugees; rescuees; ruddock; sea; smuggling; supra; tampa; united", "summary": "Id. Australia spends approximately $50,000 for every unauthorized arrival from their time of arrival to departure. Id. Australia processed only 109 refugee visas for Afghans in 2000, even though more than tens of thousand were awaiting resettlement.", "mime": "application/pdf"}, {"id": "iiclr-17756", "words": "46421", "extension": ".pdf", "flesch": "57", "author": "Gross, Emanuel", "title": "Trying Terrorists - Justification for Differing Trial Rules: The Balance Between Security Considerations and Human Rights", "date": "2002", "keywords": "act; art; civilian; comp; convention; court; crimes; criminal; evidence; icc; int'l; international; israel; jurisdiction; justice; law; military; note; offenses; order; person; process; public; rev; rights; rules; security; supra; supra note; system; territory; terrorists; trial; tribunal; u.s; united states; war", "summary": "Illegal combatants may be tried before military tribunals in the location where they have been caught and may be punished as strictly as the law allows, albeit they may not be executed without trial.52 Neither of these alternatives expressly permit the United States to remove the terrorists from the places in which they were found and captured and bring them to United States territory to try them before a tribunal specially set up for them. The horrendous consequences of the terrorist attack of September 11, 2001, caused the press to stress that United States citizens were waiting for a military response by their government.", "mime": "application/pdf"}, {"id": "iiclr-17757", "words": "25883", "extension": ".pdf", "flesch": "56", "author": "Butlak, Kimberly A.", "title": "All's Fair in Love, War, and Taxes: Does the United States Promote Fair Tax Competition in a Global Marketplace Consistent with European Community and Organisation for Economic Co-operation and Development Recommendations Through its Advance Ruling Program?", "date": "2002", "keywords": "advance; aid; apa; authority; c.b; foreign; i.r.b; income; information; irs; note; oecd; plr; proc; request; rev; ruling; section; states; supra; tax; taxpayer; transaction; treaty; u.s; united; united states", "summary": "3 ' B. Consequences of Transfer Pricing Between Foreign and Domestic Related Parties The IRS invokes section 482 most frequently to challenge transfer prices and expense allocations between domestic corporations and foreign affiliates that are not subject to United States tax on foreign income.'39 Within the jurisdiction of the Associate Chief Counsel (International), these topics address: original issue discount, income affected by a treaty, foreign base company income, and dual consolidated losses.75 2. Not ordinarily issued 6 PLRs will not ordinarily be issued when the underlying transaction contemplates whether a business purpose exists or whether a taxpayer uses a correct classification code, contradicts United States tax law designed to effectuate different tax consequences under the tax laws of the United States and of a foreign country, concerns a taxpayer domiciled in a foreign jurisdiction with which the United States does not have an effective mecha- nism for obtaining tax information relevant to the ruling request,77 considers proposed federal, state, local, municipal, or foreign legislation, or interprets foreign law or documents beyond their plain meaning.79 Areas over which rulings are not ordinarily issued that are within the ambit of the remaining, combined Associate Chief Counsel Offices include 71.", "mime": "application/pdf"}, {"id": "iiclr-17758", "words": "17755", "extension": ".pdf", "flesch": "58", "author": "Qianug Guo, Richard", "title": "Piercing the Veil of China's Legal Market; Will GATS Make China More Accessible for U.S. Law Firms?", "date": "2002", "keywords": "access; art; business; china; chinese; commitments; country; firms; foreign; gats; law; law firms; lawyers; market; members; mfn; national; offices; regulations; representative; schedule; services; states; supra note; trade; treatment; u.s; united; wto", "summary": "See Gretchen Harders-Chen, China MFN: A Reaffirmation ofTradition orRegulatory Reform, 5 MINN. Of these 47 members, 22 made commitments in advisory host country law (19 in representation), 41 in advisory international law (20 in representation), 40 in advisory home country law (20 in representation) 41 in advisory third country law and 6 in other legal services (including legal documentation and certification services and other advisory and information services).72 U.S. negotiators initially envisioned a special annex on legal services, similar to the Annex on Financial Services, to specifically address the regulatory barriers facing lawyers.", "mime": "application/pdf"}, {"id": "iiclr-17759", "words": "26056", "extension": ".pdf", "flesch": "57", "author": "Udombana, Nsongurua J.", "title": "A Harmony or a Cacophony? The Music of Integration in the African Union Treaty and the New Partnership for Africa's Development", "date": "2002", "keywords": "aec; african; african union; art; au treaty; community; continent; council; countries; d. art; d. para; development; economic; european; general; hereinafter; human; int'l; integration; international; leaders; member; music; nepad; new; note; oau; para; recs; resources; rev; rights; states; supra; supra note; trade; treaty; union; world", "summary": "In southern Africa, Malawi, South Africa, Zambia, Botswana, Lesotho, and Zimbabwe became countries that developed out of not only the actions of Shaka, the Zulu warrior, but also the intrigues of British settlers led by Cecil Rhodes.267 Today's modern states are nothing but imagined communities, where the members of even the smallest nation will never know most of their fellow-members, meet them, or even hear of them, yet in the minds of each lives the image of their communion. The LPA divided Africa into three sub-regions: West Africa, Central Africa, and East and Southern Africa, each passing through a free trade area, customs union, and economic community.67", "mime": "application/pdf"}, {"id": "iiclr-17760", "words": "7160", "extension": ".pdf", "flesch": "57", "author": "White, Nigel D.", "title": "On the Brink of Lawlessness: The State of Collective Security Law", "date": "2002", "keywords": "action; charter; council; force; law; peace; security; security council; security law; states; u.n; united", "summary": "See U.N. Security Council Resolution, S/Res/1386 (Dec. 20, 2001). See generally U.N. Security Council Resolution, S/Res/1 199 (Sept. 23, 1998); Nico Krisch, Unilateral Enforcement of the Collective Will: Kosovo, Iraq and the Security Council, 3 MAX PLANCK Y.B.", "mime": "application/pdf"}, {"id": "iiclr-17761", "words": "14555", "extension": ".pdf", "flesch": "62", "author": "Farrell, Kenan", "title": "Where Have All the Young Girls Gone? Preconception Gender Selection in India and the United States", "date": "2002", "keywords": "abortion; child; children; court; family; female; gender; gender selection; india; preconception; preconception gender; right; selection; sex; sex selection; states; supra note; u.s; united", "summary": "Finally, Part V will consist of a United States constitutional analysis of preconception gender selection, examining how the United States Supreme Court might rule on a challenge to a state's regulation of preconception gender selection. 99 In particular, medical authorities anticipate two groups who will seek the use of preconception gender selection.", "mime": "application/pdf"}, {"id": "iiclr-17762", "words": "14952", "extension": ".pdf", "flesch": "58", "author": "Bartman, Angela", "title": "Spare the Rod and Spoil the Child? Corporal Punishment in Schools Around the World", "date": "2002", "keywords": "behavior; child; children; classroom; convention; corporal; discipline; education; nations; note; punishment; rights; rod; schools; society; states; supra; supra note; teachers; use; violence", "summary": "9 Corporal punishment may be inflicted by the use of methods such as inflicting electrical shock, confining someone in closed spaces, forcing a student to assume painful bodily postures, or engage in excessive exercise drills.2 B. Discipline As discussed above, corporal punishment by teachers is used as a disciplinary method to deter conduct that the teacher feels may inhibit learning. RATIONALE FOR INFLICTING CORPORAL PUNISHMENT IN SCHOOLS A. Positive Attitudes Towards the use of Corporal Punishment For many, corporal punishment is viewed as an acceptable way of teaching children proper behavior.3 According to opinions favoring corporal punishment, children are better controlled, learn appropriate appreciation for authority, develop better social skills as well as improved moral character, and learn better discipline.3 The thought is that if corporal punishment is removed there will be greater disciplinary difficulty in the classroom.", "mime": "application/pdf"}, {"id": "iiclr-17763", "words": "19756", "extension": ".pdf", "flesch": "69", "author": "Procter Henderson, Marcus", "title": "Truly Ineffective Assistance: A Comparison of Ineffective Assistance of Counsel in the United States of America and the United Kingdom", "date": "2002", "keywords": "assistance; case; cir; client; counsel; court; d. counsel; defendant; defense; kingdom; note; standard; states; strickland; supra note; trial; u.s; united; united kingdom; united states", "summary": "A crackdown on ineffective counsel will benefit those defendants who have received harsher sentences due to their counsel's lack of investigation and research. To prove the prejudice prong in ineffective assistance of counsel cases involving guilty pleas, the defendant must show that there was a reasonable probability that, but for counsel's errors, he would not have pleaded guilty and would have insisted on going to trial.", "mime": "application/pdf"}, {"id": "iiclr-17765", "words": "26831", "extension": ".pdf", "flesch": "58", "author": "Bejesky, Robert", "title": "The Evolution in and International Convergence of the Doctrine of Specific Performance in Three Types of States", "date": "2003", "keywords": "art; authority; breach; china; civil; comp; contract; contract law; countries; courts; economy; france; french; goods; government; individual; int'l; international; judiciary; law; obligations; party; performance; property; relief; remedy; rev; rights; rules; sector; society; soviet; state; supra note; system; united", "summary": "Principles, norms, and regulations governing contract law are at the essence of societal ordering in any country and the ideology behind that law can generally be traced back to influential and often revolutionary periods over a century ago. [Vol. 13:2 DOCTRINE OF SPECIFIC PERFORMANCE In England and the United States, since the jurisprudential goal of contract law was to satisfy the will2 of the individual parties and their right to create a binding legal obligation,0 5 the judiciary was not to employ contract law in a manner that punished breaching parties or instilled moral behavior into the private sector.", "mime": "application/pdf"}, {"id": "iiclr-17766", "words": "23136", "extension": ".pdf", "flesch": "63", "author": "Ortwein II, Bernard Michael", "title": "The Swedish Legal System: An Introduction", "date": "2003", "keywords": "administrative; advokat; appeal; cases; civil; code; court; criminal; general; government; jacobsson; judges; law; lund; parliament; police; power; public; review; supra note; sweden; swedish; system; university", "summary": "1. See Ulfe Franke, Arbitration, in SWEDISH LAW IN THE NEW MILLENNIUM 510, 510 (Michael Bogdan ed., 2000). See id. at 533. 2. Per Henrik Lindblom, Civil and Criminal Procedure, in SWEDISH LAW IN THE NEW MILLENNIUM, supra note 1, at 201, 217.", "mime": "application/pdf"}, {"id": "iiclr-17767", "words": "15080", "extension": ".pdf", "flesch": "69", "author": "Martinez, Ian", "title": "Rhodesian Anthrax: The Use of Bacteriological & Chemical Agents During the Liberation War of 1965-80", "date": "2003", "keywords": "africa; anthrax; bacteriological; chemical; cio; convention; forces; geneva; government; insurgency; int'l; law; military; nass; rhodesia; scouts; security; selous; smith; south; supra note; use; war; weapons; white; zimbabwe", "summary": "See Zimbabwe Rhodesia: The South African Connection The main culprit for the Rhodesians obtaining biological weapons has been South Africa.224 South Africa was an original signatory to the Biological Weapons Convention in 1972, ratifying it November 5, 1975.25 South Africa has always maintained that its biological weapons program was solely for defensive use.226 South Africa produced chemical weapons during World War II in Gauteng-responsible for mustard gas production-for the Allies.227 South Africa claimed that undelivered stocks were destroyed after the war.22 However, former Allied production sites continued to be used by the South Africans for military purposes.", "mime": "application/pdf"}, {"id": "iiclr-17768", "words": "30057", "extension": ".pdf", "flesch": "51", "author": "Spectar, J. M.", "title": "The Olde Order Crumbleth: HIV-Pestilence As a Security Issue & NEW Thinking About Core Concepts in International Affairs", "date": "2003", "keywords": "administration; africa; aids; community; conflict; countries; development; health; hiv; holbrooke; human; impact; int'l; interest; international; intervention; issue; military; nations; new; order; pandemic; policy; press; release; resolution; response; rev; rights; security; security council; sovereignty; states; supra note; threat; u.s; unaids; united; war; world", "summary": "U.S. Department of State, U.S. International Response to HIV AIDS, Office of the Spokesman Press Statement, (Mar. 16, 1999), available at http://secretary.state.gov/www/ briefings/statements/1999/ps990316.html Olde Order Crumbleth: HIV-Pestilence as a Security Issue & (and) New Thinking about Core Concepts in International Affairs, The THE OLDE ORDER CRUMBLETH: HIV- PESTILENCE AS A SECURITY ISSUE & NEW THINKING ABOUT CORE CONCEPTS IN INTERNATIONAL AFFAIRS J.M. Spectar* I. INTRODUCTION There is growing realization that in certain regions of the world the unusual virulence of AIDS is connected to the prevalence of insecurity and destabilizing conflict in a mutually reinforcing relationship.", "mime": "application/pdf"}, {"id": "iiclr-17769", "words": "18195", "extension": ".pdf", "flesch": "69", "author": "Castetter, Marie", "title": "Taking Law Into Their Own Hands: Unofficial and Illegal Sanctions by the Pakistan Tribal Councils", "date": "2003", "keywords": "amnesty; citizens; councils; court; dep't; gang; government; honor; justice; law; members; nadeem; order; pakistan; panchayat; police; rape; rights; sanctions; society; state; supra note; system; tribal; tribes; u.s; women", "summary": "In addition to the common occurrence of gang rape, many women have been killed for a violation of honor.s6 Unfortunately for tribal women, the community socially and morally sanctions such honor killings. 4 1 Similar to the Western tort law system, the tribal council's focus is on reconciliation and conflict resolution; however, it is not focused on punishment.149 Also, tribal law is not necessarily aimed at finding out the truth.", "mime": "application/pdf"}, {"id": "iiclr-17770", "words": "13347", "extension": ".pdf", "flesch": "60", "author": "Bellamy, Jeffrey", "title": "Putting The Boss Behind Bars: Using Criminal Sanctions Against Executives Who Pollute -What China Could Learn From the United States", "date": "2003", "keywords": "cercla; china; cir; crimes; defendant; disposal; environmental; f.2d; hazardous; knowledge; law; liability; note; officer; rcra; states; supra; supra note; united; united states; waste", "summary": "United States technology waste, particularly obsolete computers and toxic wiring, is being exported to mainland China. The United States is the biggest offender in this practice as it has failed to ratify the Basel convention, which bans the export of hazardous waste from developed countries to developing countries and the United States own hazardous waste laws specifically exempt electronic waste.", "mime": "application/pdf"}, {"id": "iiclr-17771", "words": "17283", "extension": ".pdf", "flesch": "59", "author": "Campbell, Randy", "title": "Global Patent Law Harmonization: Benefits and Implementation", "date": "2003", "keywords": "agreement; countries; country; file; harmonization; intellectual; international; law; patent; patent law; patent protection; patent system; property; protection; states; supra note; system; trade; trips; united; united states; world", "summary": "The practical effect on patent systems has actually been the some harmoniza- tion of the world's patent laws. [Vol. 13:2 GLOBAL PATENT LAW HARMONIZATION university laboratories to the marketplace, and local firms' willingness to devote substantial resources to internal research.283 Some commentators feel that this kind of patent system would be better in the long run284 than a system such as the WPS.", "mime": "application/pdf"}, {"id": "iiclr-17772", "words": "23573", "extension": ".pdf", "flesch": "66", "author": "Green, Kelly", "title": "Physician Assisted Suicide and Euthanasia: Safeguarding Against the \"Slippery Slope\" The Netherlands v. The United States", "date": "2003", "keywords": "act; care; court; d. ch; death; dutch; dwda; euthanasia; griffiths; health; law; life; medical; medication; netherlands; oregon; pas; patient; physician; request; states; suffering; suicide; supra note; tlrasa; united", "summary": "The effect of this ruling on Oregon physicians who prescribed a lethal dose of medication for their patients would be revocation of their prescription license, possible criminal prosecution, and jail term.' [Vol. 13:2 PHYSICIAN ASSISTED SUICIDE AND EUTHANASIA A danger lurks in the possibility that the freedom to engage in euthanasia will lead to a certain routine and habituation, which raises the danger that required standards of care will not always be adhered to in making judgments whether or not euthanasia or assistance with suicide is in fact indicated.64 Persons inflicted with the mental illness of depression are considered vulnerable to the legalization of PAS and euthanasia.65 Terminally ill patients who request PAS or euthanasia are likely suffering from depression.66 If depression is not correctly diagnosed and treated by physicians during an evaluation in regard to a request for PAS and euthanasia, many patients may be assisted in death prematurely.67 Opponents contend that depression is difficult to diagnose especially in cases of terminally ill patients.6", "mime": "application/pdf"}, {"id": "iiclr-17774", "words": "7277", "extension": ".pdf", "flesch": "58", "author": "Williams, David", "title": "The United Kingdom's Response to International Terrorism", "date": "2003", "keywords": "act; committee; ireland; kingdom; law; legislation; lord; new; northern; note; para; report; security; supra; terrorism; united", "summary": "For the United Kingdom, well versed in domestic terrorism and acutely aware of the threat of international terrorism, the challenges of national security in a democratic society are both pressing and changeable. Between 1976 and November 1998, 94 incidents of international terrorism took place in the United Kingdom and these included the bomb planted on Pan Am Flight 103 which exploded over Lockerbie in December 1988, killing 270 people) 2", "mime": "application/pdf"}, {"id": "iiclr-17775", "words": "2817", "extension": ".pdf", "flesch": "65", "author": "Derrington, Justice Desmond", "title": "The Terrorist Threat: Australia's Response", "date": "2003", "keywords": "attack; australia; justice; law; people; response", "summary": "Without the sanction of law that demands respect because it is just, any response that results in the destruction and mutilation of many innocent people is surely counterproductive. The Honorable Mr. Justice Derrington received his Bachelor of Laws from the University of Queensland and was admitted as Barrister-at-Law in 1954.", "mime": "application/pdf"}, {"id": "iiclr-17776", "words": "5712", "extension": ".pdf", "flesch": "53", "author": "Gomez, James", "title": "September 11: Asian Perspectives", "date": "2003", "keywords": "asian; indonesia; int'l; people; region; september; singapore; southeast; states; terrorism; u.s; united; united states; war", "summary": "In the case of the Philippines, this has led to the stationing again of United States troops in the Philippines, to support the government's military efforts in the Muslim south. Even the multiple anti-war protests, outside United States embassies in various countries, have failed to change the governments' position.", "mime": "application/pdf"}, {"id": "iiclr-17777", "words": "31103", "extension": ".pdf", "flesch": "54", "author": "Wouters, Jan; Naert, Frederick", "title": "The European Union and 'September 11'", "date": "2003", "keywords": "action; art; article; commission; convention; cooperation; council; council decision; decision; eu member; eu treaty; european; european convention; european council; european union; europol; extradition; framework; international; law; measures; member; member states; note; o.j; parliament; security; security council; september; states; supra; supra note; terrorism; treaty", "summary": "See Ghent European Council, Declaration by the heads of State or Government of the EU and the President of the Commission. The second such mechanism was the biannual meeting of the Home Affairs Ministers (or their equivalents) of the Member States on matters of law and order, set up by a European Council decision of December 1975.24", "mime": "application/pdf"}, {"id": "iiclr-17778", "words": "4737", "extension": ".pdf", "flesch": "53", "author": "Gross, Emanuel", "title": "Trying Terrorists-Justification for Differing Trial Rules: The Balance Between Security Consideration and Human Rights", "date": "2003", "keywords": "jurisdiction; law; rules; security; state; terrorists; trial; united", "summary": "L. No. 107-56, 115 Stat. 272 (2001); see also Emanuel Gross, The Influence of Terrorist Attacks on Human Rights in the United States: The Aftermath of September 11, 2001, 28 N.C.J. INT'LL. The entire force of the extraterritorial jurisdiction lies in the trial of those people who are located outside the borders of the United States and who assisted in the planning and execution of the operation, the purpose of which was to cause harm to the United States and serious injury to its citizens.", "mime": "application/pdf"}, {"id": "iiclr-17779", "words": "16738", "extension": ".pdf", "flesch": "54", "author": "Kelly, Michael J.", "title": "Executive Excess v. Judicial Process: American Judicial Response to the Government's War on Terror", "date": "2003", "keywords": "american; case; citizens; court; department; executive; federal; government; hearings; judge; justice; law; lindh; material; military; moussaoui; n.y; new; order; process; public; rights; secret; terrorist; times; u.s; war", "summary": "Lindh further contended that, because there was no justifiable reason for the delay in presenting him for arraignment in U.S. court (even though the government had begun preparing its case against him), any statements made during that period of unlawful confinement should be inadmissible. These detainees, known by the new sobriquet unlawful combatants could remain at this improvised but expanding prison forever -just beyond the territorial reach of American federal courts, where no habeas corpus rights apply.", "mime": "application/pdf"}, {"id": "iiclr-17780", "words": "2132", "extension": ".pdf", "flesch": "52", "author": "Carrington, Michael", "title": "Pushing the Limits", "date": "2003", "keywords": "assessment; information; security; states; terrorism; threat", "summary": "It is a guns and butter type discussion with danger and threat levels driving the priorities. When assessing possible threats, the first and most elementary step is to identify the threat.", "mime": "application/pdf"}, {"id": "iiclr-17781", "words": "8170", "extension": ".pdf", "flesch": "60", "author": "Derrington, Justice Desmond", "title": "Occurrences: The World Trade Center Insurance Question", "date": "2003", "keywords": "aircraft; cause; co.; damage; destruction; insurance; insured; loss; ltd; occurrence; policy; purpose", "summary": "As the explicit terms of the cover show, the insurer did not seek to have the protection of a limit in respect of multiple losses that might rise from separate occurrences. A fortiori if is considered in the context of an insurance contract under which the parties were arranging the indemnity for the loss of property from separate occurrences.", "mime": "application/pdf"}, {"id": "iiclr-17782", "words": "12432", "extension": ".pdf", "flesch": "49", "author": "Beres, Louis Rene", "title": "Assassinating Saddam Hussein: The View from International Law", "date": "2003", "keywords": "assassination; beres; convention; crimes; defense; force; hussein; int'l; international; law; louis; nations; rene; rights; saddam; self; state; terrorism; u.n; u.s; united; war", "summary": "The question to be considered here asks rather if such assassination could be permissible under international law. [Vol. 13:3 ASSASSINATING SADDAM HUSSEIN assassination of President James Garfield in the United States, limited the political offense exception in international law to preserve social order.", "mime": "application/pdf"}, {"id": "iiclr-17783", "words": "6917", "extension": ".pdf", "flesch": "62", "author": "Porter, J. M. B.", "title": "Osama Bin-Laden, Jihad, and the Sources of International Terrorism", "date": "2003", "keywords": "american; bin; crusades; declaration; holy; islamic; jihad; laden; muslim; states; supra note; terrorism; united; war; world", "summary": "Before the Saudi King Fahd invited coalition troops led by the United States, bin-Laden, like most other Islamicistjihadis, regarded the Ba'athist Iraqi leader Saddam Hussein as an apostate who should be deposed; bin Laden Went so far as to offer the services of his followers in defense of Saudi Arabia after the invasion of Kuwait.85 In America Osama bin Laden: Inside the Mind of a Terrorist, THE OBSERVER, Sept. 16, 2001, at 9.", "mime": "application/pdf"}, {"id": "iiclr-17786", "words": "46895", "extension": ".pdf", "flesch": "53", "author": "Peerenboom, Randall", "title": "Beyond Universalism and Relativism: The Evolving Debates about \"Values in Asia\"", "date": "2003", "keywords": "arguments; asian; cases; china; claims; comp; confucianism; countries; culture; debates; democracy; development; differences; freedom; government; growth; human; human rights; ind; individual; institutions; int'l; international; issues; law; liberalism; need; non; note; particular; people; relativism; respect; rev; rights; rights issues; rights law; rights violations; round; rule; states; studies; supra; supra note; united; universalism; values; views; vol; western", "summary": "Other human rights issues are even more contentious. Furthermore, Asian values continue to be invoked on human rights issues even in democratic Asian states in support of a different balance between the interests of the individuals and group and to oppose what some considered to be the hegemony of liberalism.", "mime": "application/pdf"}, {"id": "iiclr-17787", "words": "14856", "extension": ".pdf", "flesch": "46", "author": "Nwabueze, Remigius N.", "title": "Ethical Review of Research Involving Human Subjects in Nigeria: Legal and Policy Issues", "date": "2003", "keywords": "bioethics; committee; conduct; council; countries; country; ethical; ethics; ethics review; guidelines; health; host; international; medical; nigeria; note; research; research ethics; review; study; subjects; supra; supra note; trials", "summary": "The few African countries that have research ethics guidelines include Uganda and South Africa. NUFFIELD COUNCIL ON BIOETHICs noted that: Where there are irreconcilable differences between research ethics committees, a committee may choose not to approve the research.", "mime": "application/pdf"}, {"id": "iiclr-17788", "words": "32346", "extension": ".pdf", "flesch": "59", "author": "Schiff, Damien M.", "title": "Rollin', Rollin', Rollin' on the River: A Story of Drought, Treaty Interpretation, and Other Rio Grande Problems", "date": "2003", "keywords": "acre; american; article; basin; colorado; colorado river; convention; court; doctrine; drought; feet; grande water; ibwc; international; interpretation; law; mexican; mexico; mexico water; minute; parties; problems; rebus; rio grande; river; river water; stantibus; supra note; texas; time; u.s; united states; uses; water debt; water treaty; waters", "summary": "Senator Millikin, a supporter of the treaty, subsequently asked Acheson whether he knew of any international principle that would require the United States to provide Mexico water of a certain salinity level. Under the Helsinki framework, and contrary to the Acheson interpretation of the 1944 Water Treaty, the United States would have had to ameliorate the effects of the Wellton-Mohawk Project, as well as compensate Mexico for any damage done to its territory on account of increased salinity levels of treaty water.", "mime": "application/pdf"}, {"id": "iiclr-17789", "words": "25313", "extension": ".pdf", "flesch": "62", "author": "Kastenberg, Joshua E.", "title": "The Right to Assistance of Counsel in Military and War Crimes Tribunals: An International and Domestic Law Analysis", "date": "2003", "keywords": "akayesu; appeals; army; article; assistance; case; chamber; client; counsel; court; crimes; criminal; d. art; defense counsel; ictr; international; jurisdiction; law; military; note; representation; rev; right; rule; standard; states; supra; tadic; trial; tribunal; u.s; united; united states; war", "summary": "The most significant feature of defense counsel representation occurred in the 1747 Act of Parliament which provided the right to defense counsel representation for high treason cases.2 6 When the thirteen colonies gained independence, there was, on both sides of the Atlantic, movement toward permitting defense counsel in all criminal cases.287 Part IV reviews the existing codes of ethics for military defense counsel as a guideline for ensuring effective and zealous representation.", "mime": "application/pdf"}, {"id": "iiclr-17790", "words": "10957", "extension": ".pdf", "flesch": "43", "author": "Barbanti, Valentina", "title": "The Reform of Corporate Governance in the United States and the New Challenge of the European Union: The Italian Case", "date": "2003", "keywords": "act; board; code; committee; companies; company; directors; governance; italian; law; non; states; u.s", "summary": "Furthermore, some provisions that do not appear to apply to non-U.S. companies may affect local market practice and U.S. courts may be less sympathetic to non-U.S. companies that do not meet the same standards as U.S. companies. [Vol. 14:1 CORPORATE GOVERNANCE IN THE UNITED STATES issuers, non-U.S. companies will need to review their policies for possible change in light of this requirement.", "mime": "application/pdf"}, {"id": "iiclr-17791", "words": "13163", "extension": ".pdf", "flesch": "54", "author": "Rivera, Francisco", "title": "A Response to the Corporate Campaign Against the Alien Tort Claims Act", "date": "2003", "keywords": "action; atca; cases; corporations; courts; foreign; human; international; law; liability; nations; plaintiffs; policy; rights; state; supp; u.s; united; violations", "summary": "Although such a radical interpretation of the ATCA is isolated and contradicts the vast ATCA jurisprudence that has been established in the past twenty-three years, some corporate defendants in ATCA cases have expressed an interest in adopting Judge Randolph's position in future cases. The following is a brief survey of some of the high damages awarded by U.S. courts in ATCA cases: * Estate of Marcos, 978 F.2d at 493: $760 million in compensatory damages and 1.2 billion in punitive damages.", "mime": "application/pdf"}, {"id": "iiclr-17792", "words": "17635", "extension": ".pdf", "flesch": "66", "author": "Boller, Tonya J.", "title": "The International Criminal Court: Better than Nuremberg?", "date": "2003", "keywords": "accused; american; chamber; court; crimes; d. art; evidence; icc; international; investigation; jurisdiction; law; nuremberg; party; prosecutor; rome statute; security; states; supra note; trial; u.s; united; united states; war", "summary": "Eventually, attorneys with an expertise for defending ICC defendants will be available and capable of giving a defense in the sense that the American legal system is accustomed to. If a State Party chooses not to accept the amendment, the ICC will not exercise jurisdiction over the State Party's nationals or on the State Party's territory when the crimes involved fall under ICC jurisdiction solely due to a violation of that particular amendment.", "mime": "application/pdf"}, {"id": "iiclr-17793", "words": "12889", "extension": ".pdf", "flesch": "61", "author": "Foster, Brandi R.", "title": "Evolution of the \"Traditional Family\": A Comparative Analysis of United States' and United Kingdom's Domestic and International Adoption Law", "date": "2003", "keywords": "adoption; agencies; child; children; convention; family; intercountry; intercountry adoption; law; note; parents; states; supra; supra note; united; united states", "summary": "The primary argument against single parent adoption is that one parent cannot adequately provide for the best interests of the child. For a full discussion of the role of these agencies within United States domestic adoptions, see discussion infra section III. 138.", "mime": "application/pdf"}, {"id": "iiclr-17794", "words": "17169", "extension": ".pdf", "flesch": "65", "author": "Laker, Kurt V.", "title": "Smoke and Mirrors: the Self-Examination of Canadian Marijuana Policy in the Context of Decriminalization in the Netherlands", "date": "2003", "keywords": "act; canada; canadian; cannabis report; cdsa; commission; committee; drug; drug policy; dutch; government; law; marijuana; marijuana policy; medical; netherlands; oct; offenses; policy; possession; regulations; senate; supra note; trafficking; use", "summary": "4 Parliament gave the Commission broad discretion to conduct its study, and its purpose was, in many respects, similar to the Special Committee of the Senate on the Traffic in Narcotic Drugs in Canada.5 Unlike the Committee, however, the Le Dain Commission did a more extensive study into marijuana use itself and issued a report on the topic in 1972.56 At the outset of their report, the Commission made several observa- tions about the nature of marijuana policy in Canada.57 The beginnings of marijuana policy are the key to understanding its current state and future.", "mime": "application/pdf"}, {"id": "iiclr-17795", "words": "16050", "extension": ".pdf", "flesch": "60", "author": "McLaughlin, Sara J.", "title": "Food for the Twenty-First Century: An Analysis of Regulations for Genetically Engineered Food in the United States, Canada, and the European Union", "date": "2003", "keywords": "act; animals; biotechnology; canada; environment; european; food; food products; food safety; health; novel; oct; organisms; plants; products; regulations; regulatory; safety; states; supra note; transgenic; union; united", "summary": "Countries with GM food products include Australia, South Africa, Mexico, Spain, France, Portugal, Romania, and the Ukraine. Other types of GM food products include cotton, rice, wheat, corn, soybean, rapeseed, tobacco, peanut, cabbage, tomato, sweet pepper, and petunia.", "mime": "application/pdf"}, {"id": "iiclr-17797", "words": "3484", "extension": ".pdf", "flesch": "50", "author": "Sullivan Jr., Frank", "title": "Introduction", "date": "2004", "keywords": "claim; courts; immunity; law; pinochet; powers; separation; u.k", "summary": "Regina v. Bow Street Metropolitan Stipendiary Magistrate, ex parte Pinochet Ugarte, 4 All E.R. 897 (H.L. 1998), available at http://www.publications.parliament.uk/pa/ld 199899/ ldjudgmt/jd981125/pino0l.htm (last visited Mar. 2, 2004) Regina v. Bow Street Metropolitan Stipendiary Magistrate, ex parte Pinochet Ugarte, 1 All E.R. 577 (H.L. 1999), available at http://www.publications.parliament.uk/pa/ld199899/ Idjudgmt/jd990115/pinoOl.htm (last visited Mar. 2, 2004)", "mime": "application/pdf"}, {"id": "iiclr-17798", "words": "14124", "extension": ".pdf", "flesch": "64", "author": "Sullivan Jr., Frank", "title": "PART I: Pinochet Chronology", "date": "2004", "keywords": "act; chile; court; extradition; immunity; international; judgment; kingdom; law; law lords; lord; note; pinochet; spain; state; supra; supra note; united", "summary": "[I]f it ... appear[ed] to him that no order for the return of Senator Pinochet to Spain could lawfully be made, or would in fact be made, then he should not issue an authority to pro- ceed. [T]he possibility of a trial in Chile [is not] a factor which outweighs the UK's obligations under the [European Extradi- tion Convention] to extradite Senator Pinochet to Spain.122 116.", "mime": "application/pdf"}, {"id": "iiclr-17799", "words": "14547", "extension": ".pdf", "flesch": "59", "author": "Sullivan Jr., Frank", "title": "PART II: Deciding Cases with Foreign Relations Implications", "date": "2004", "keywords": "act; case; court; doctrine; foreign; immunity; law; lord; note; pinochet; powers; question; relations; state; state doctrine; supra; u.s; united", "summary": "A second doctrine, the act of state doctrine, also has been invoked as a restraint on judicial scrutiny in foreign relations cases where the legality of action by a foreign country within its own borders is in question. In that case, an American businessman working in Venezuela sought compensation in U.S. courts for damages he and his business suffered when he became embroiled in a revolution there.282 Chief Justice Fuller rejected the claim with a formulation of the act of state doctrine used in almost every such case: Every sovereign State is bound to respect the independ- ence of every other sovereign State, and the courts of one 274.", "mime": "application/pdf"}, {"id": "iiclr-17800", "words": "13445", "extension": ".pdf", "flesch": "57", "author": "Sullivan Jr., Frank", "title": "PART III: Customary International Law and Statutes", "date": "2004", "keywords": "act; convention; head; immunity; law; law lords; lord; note; pinochet; state; state immunity; supra; torture; united", "summary": "Seeing that the rules of international law have changed-and do change-and that the courts have given effect to the changes without any Act of Parliament, it follows to my mind inexorably that the rules of international law, as existing from time to time, do form part of our English law.412 Finding that the change in customary international law had been incorporated into English common law and that the Bank had been engaged in commercial or proprietary actions in issuing the letter of credit, the court found that the Bank was not entitled to immunity. Nor [was] there any jus cogens in respect of such breaches of international law which require that a claim of sovereign immunity, itself a well-established principle of international law, should be overridden.42' Still within the realm of U.K. domestic law's incorporation of customary international law, Lord Slynn found it necessary to examine a related problem: whether the recognition of certain acts as international crimes had any effect on the immunity provided former heads of state in both the State Immunity Act and in customary international law.", "mime": "application/pdf"}, {"id": "iiclr-17801", "words": "732", "extension": ".pdf", "flesch": "51", "author": "Sullivan Jr., Frank", "title": "Conclusion", "date": "2004", "keywords": "law; pinochet", "summary": "In this article, I have argued that separation of powers and its animating values of institutional competence and democracy should have dictated that U.K. courts dismiss Pinochet's application for habeas corpus on grounds of non-justiciability and that, if faced with the sovereign immunity defense during judicial review of an extradition order, resolved the question as a matter of statutory construction and not by reference to customary international law. They employed arguments from propositions of customary inter- national law never before incorporated in U.K. law to support the conclusion that Pinochet was or was not entitled to former head of state immunity.", "mime": "application/pdf"}, {"id": "iiclr-17804", "words": "33452", "extension": ".pdf", "flesch": "56", "author": "Dutile, Fernand N.", "title": "Law and Governance Affecting the Resolution of Academic and Disciplinary Disputes at Scottish Universities: An American Perspective", "date": "1997", "keywords": "aberdeen; academic; andrews; appeals; calendar; cases; charter; code; committee; courts; disciplinary; discipline; disputes; dundee; edinburgh; farrington; glasgow; heriot; indiana university; interview; law; members; rector; scotland; scottish; senate; stirling; student; student discipline; supra note; universities; university; university court; watt university", "summary": "university students in Scotland do not bring their academic and disciplinary quarrels to the courts. No. 4, \u00a7 6(a); at Edinburgh, see University of Edinburgh, Code of Student Discipline \u00a7 2(b); at Stirling, see Ordinance 2: Code of Student Discipline, Summary Powers to Impose Penalties \u00a7 2.4, in STIRLING CALENDAR, supra note 41, at 114-15 (providing, inter alia, for sureties guaranteeing future behavior); at Heriot-Watt, see Heriot- Watt University, Ordinance 9 (Student Discipline), \u00a7 5.11; at Dundee, see Ordinance 40: Discipline \u00a7 15(1), in DUNDEE CALENDAR, supra note 41, at 209.", "mime": "application/pdf"}, {"id": "iiclr-17805", "words": "11871", "extension": ".pdf", "flesch": "59", "author": "Giust, John E.", "title": "Noncompliance with TRIPs by Developed and Developing Countries: Is TRIPs Working?", "date": "1997", "keywords": "act; article; convention; d. art; member; note; patent; property; protection; provisions; rights; section; states; supra; trademark; trips; use", "summary": "However, this exception does not affect the developing country's implementation of the general obligation concerning national treatment and the most-favored-nation provisions of TRIPs.87 If, on the date of general application (January 1, 2000), a developing country did not extend product patent protection to an area of technology required by TRIPs, that developing country may delay implementation of the product patent provisions of TRIPs for an additional five years (i.e., until January 1, 2005).88 With respect to extending product patent protection to an area of technology not protectable in a developing country on the date of application of TRIPs for that member (January 1, 2000), TRIPs Article 65(4) states that product patent protection for that area of technology may be delayed five additional years (i.e., until January 1, 2005).", "mime": "application/pdf"}, {"id": "iiclr-17806", "words": "8201", "extension": ".pdf", "flesch": "57", "author": "Maggs, Peter B.", "title": "The Russian Courts and the Russian Constitution", "date": "1997", "keywords": "article; case; constitution; court; decision; right; russian; suda; supreme; verkh", "summary": "As the number of Constitutional Court decisions grows, the number of broad holdings that must be followed will increase. A conscious choice made by John Hazard during his teaching was to pay a great deal of attention to Russian court cases.", "mime": "application/pdf"}, {"id": "iiclr-17807", "words": "18535", "extension": ".pdf", "flesch": "63", "author": "Gardiner, Brian", "title": "Squatters' Rights and Adverse Possession: A Search for Equitable Application of Property Laws", "date": "1997", "keywords": "britain; city; civil; government; great; homeless; housing; land; law; new; note; police; possession; problems; property; property rights; public; rights; squatters; squatting; states; statute; supra; supra note; system; title; united; world; years; york", "summary": "[h]igh levels of squatter housing indicate that the formal land market does not provide affordable residential land for housing, forcing households to occupy land illegally. Like many squatters around the world, British squatters have become an important part of the communities in which they live, often performing socially important and valuable functions.", "mime": "application/pdf"}, {"id": "iiclr-17808", "words": "13130", "extension": ".pdf", "flesch": "58", "author": "Krohne, Steven W.", "title": "The United States and the World Need an International Criminal Court as an Ally in the War against Terrorism", "date": "1997", "keywords": "art; court; crimes; criminal; draft; government; international; jurisdiction; law; nations; note; states; supra; supra note; terrorism; tribunal; united; united states", "summary": "As in United States courts, the accused will also be presumed innocent until proven guilty in accordance with the law. United States and the World Need an International Criminal Court as an Ally in the War against Terrorism, The THE UNITED STATES AND THE WORLD NEED AN INTERNATIONAL CRIMINAL COURT AS AN ALLY IN THE WAR AGAINST TERRORISM There is nothing more difficult to carry out, nor more doubtful of success, nor more dangerous to handle than to initiate a new order of things.", "mime": "application/pdf"}, {"id": "iiclr-17809", "words": "21573", "extension": ".pdf", "flesch": "56", "author": "Waggoner, Jeffrey", "title": "Discretion and Valor at the Russian Constitutional Court: Adjudicating the Russian Constitutions in the Civil-Law Tradition", "date": "1997", "keywords": "art; case; chechen; civil; code; constitutional; court; decree; discretion; international; law; law court; law tradition; republic; rev; rights; rsfsr; russian; russian federation; soviet; state; supra note; tatarstan", "summary": "Although this study must of course refer to the substance of Russian constitutional law, the substantive law of the analyzed disputes is important only to distinguish one case from another. The RSFSR Constitutional Court, when trying the constitutionality of [a] normative act, shall have in view both its literal meaning and the construction put on it by official and [Vol. 8:1 DISCRETION AND VALOR strictures imposed by Article 74, however, the Court is almost completely free to adjudicate the Russian Constitution as it sees fit; the Russian Constitutional Court occupies the same position in Russian constitutional law that the Jay and Marshall Courts occupy in American constitutional law.", "mime": "application/pdf"}, {"id": "iiclr-17811", "words": "12775", "extension": ".pdf", "flesch": "61", "author": "Murray, Peter L.", "title": "A Comparative Law Experiment", "date": "1998", "keywords": "case; civil; comparative; counsel; court; defendant; fact; judges; jury; law; law case; law experiment; law judges; law trial; parties; plaintiff; process; time; witness", "summary": "Even allowing for arbitrary assumptions concerning the rates of pay for lawyers and judges, the difference in lawyer effort between the common law and civil law cases strongly favors the civil law procedures. The roles of assistant judges in civil law trials vary among civil law systems, and among types of cases.", "mime": "application/pdf"}, {"id": "iiclr-17812", "words": "27637", "extension": ".pdf", "flesch": "58", "author": "Britton, Philip", "title": "The Rainbow Flag, European and English Law: New Developments on Sexuality and Equality", "date": "1998", "keywords": "act; article; bill; case; convention; court; developments; discrimination; ec law; english; equality; european; family; gay; government; human; human rights; law; legislation; lesbians; men; new; note; parliament; principle; public; rights; sex; sexuality; state; supra; united", "summary": "Insofar as this body of law improves the position of lesbians and gay men over English law pure and simple-and we shall see that it now offers the chance of doing so dramatically-then the English courts have the primary job of giving effect to it, including offering remedies against the state for failure to implement into English law rights derived from European legislation. Has something truly significant happened to soften the unwelcoming, uncomprehending, and moralizing face that English law offers to lesbians and gay men?", "mime": "application/pdf"}, {"id": "iiclr-17813", "words": "30801", "extension": ".pdf", "flesch": "51", "author": "Oko, Okechukwu", "title": "Partition or Perish: Restoring Social Equilibrium in Nigeria Through Reconfiguration", "date": "1998", "keywords": "africa; citizens; civil; colonial; comp; constitution; country; democracy; democratic; elections; equilibrium; ethnicity; federal; general; government; groups; human; ind; int'l; lines; military; nation; national; nigeria; note; order; parties; party; people; politicians; politics; power; process; public; rev; rights; rule; social; state; supra; supra note", "summary": "70 When the colonial administration left, ethnic groups engaged in a fierce battle with each other to control the machinery of the state.7' Freed from the pangs of despotism and dictatorship, ethnic groups became interested in acquiring political power and the economic resources that go with it.7 The battle intensified as 67. Francis Deng, Africa and the New World Dis-Order: Rethinking Colonial Borders, BROOKINGS REV., Spring 1993, at 34 (noting that because colonial institutions had divested the local communities and ethnic groups of much of their indigenous autonomy and sustainable livelihood, and replaced them with a degree of centralized authority and dependency on the welfare state system, once control of these institutions passed on to the nationals at independence, the struggle for control became unavoidable). 72.", "mime": "application/pdf"}, {"id": "iiclr-17814", "words": "25606", "extension": ".pdf", "flesch": "63", "author": "Dreiman, Brandon K.", "title": "Extending the Fireman's Rule to Great Britain: Protecting British Citizens from Tort Liability for Firefighters' Line-of-Duty Injuries", "date": "1998", "keywords": "act; app; assumption; british; care; compensation; conduct; court; duty; firefighters; fireman; great; injuries; injury; landowner; law; liability; negligence; plaintiff; premises; public; recovery; risk; rule; tort", "summary": "Furthermore, as is also the case under American law, anyone who interferes with British firefighters while they are executing their duties may be held liable.' Because British firefighters occupy a status sui generis, landowners should only owe the firefighters a duty to warn of known, hidden dangers and to refrain from wantonly or willfully injuring the firefighters.", "mime": "application/pdf"}, {"id": "iiclr-17815", "words": "21545", "extension": ".pdf", "flesch": "59", "author": "Faber, Jonathan L.", "title": "Culture in the Balance: Why Canada's Copyright Amendments Will Backfire on Canadian Culture by Paralyzing the Private Radio Industry", "date": "1998", "keywords": "act; amendments; american; artists; bill; broadcasting; c-32; cab; canada; canadian; content; copyright; countries; cultural; culture; government; industry; international; law; music; national; neighboring; neighboring rights; performers; protection; radio; record; rights; states; stations; supra note; u.s; united; work; world", "summary": "The government quickly realized that [i]f radio broadcasting was to foster national unity, the large numbers of people living across rural Canada needed access to Canadian radio stations. Canadians appear to prefer Canadian radio stations over the U.S. stations, which are equally accessible.", "mime": "application/pdf"}, {"id": "iiclr-17816", "words": "13571", "extension": ".pdf", "flesch": "59", "author": "Hyatt, Stephanie", "title": "A Shared History of Shame: Sweden's Four Decade Policy of Forced Sterilization and the Eugenics Movement in the United States", "date": "1998", "keywords": "buck; children; compensation; eugenics; government; history; human; laws; movement; race; rights; social; state; sterilization; supra note; sweden; swedish; united; victims; welfare; world", "summary": "' It is doubtful that the Swedish government can duck responsibility by claiming that sterilization laws were legal because they 20. Doctors, judges, and school headmistresses were all entitled to great power in the enforcement of sterilization laws.", "mime": "application/pdf"}, {"id": "iiclr-17817", "words": "22344", "extension": ".pdf", "flesch": "57", "author": "Portnova, Marina", "title": "Ownership and Enforcement of Patent Rights in Russia: Protecting an Invention in the Existing Environment", "date": "1998", "keywords": "art; court; decision; file; government; intellectual; inventions; office; owners; patent; patent chamber; patent courts; patent disputes; patent law; patent owner; patent protection; patent rights; property; protection; russia; soviet; supra note; supreme; system; text; u.s; use", "summary": "The Patent Law, in addressing issues of ownership and the enforcement of patent rights-the main focus of this paper-treats the holders of invention patents, industrial design patents, and utility model certificates equally. 47. Russia is losing millions of dollars in revenues from unlicensed goods and from its failure to patent inventions abroad.", "mime": "application/pdf"}, {"id": "iiclr-17819", "words": "25944", "extension": ".pdf", "flesch": "48", "author": "Gerhart, Peter M.; Baron, Michael S.", "title": "Understanding National Treatment: The Participatory Vision of the WTO", "date": "2004", "keywords": "analysis; article; body; commerce; consumers; effects; interests; measure; national; para; process; producers; products; purpose; regulation; representation; state; supra note; surrogate; tax; test; trade; treatment; wto", "summary": "This interpretation avoids the clash between the domestic values that the regulation seeks to achieve and the trade effects of the regulation, and gives foreign interests no greater power to overturn regulatory measures than domestic interests have.62 If the foreign interests are foreign producer interests. Taking the plastic/cardboard container example, if all makers of plastic containers were foreigners, and if no indus- tries inside the country relied on use of plastic containers in their business, then the regulation would not adversely affect any domestic producer and domestic producers could not represent foreign producer interests.", "mime": "application/pdf"}, {"id": "iiclr-17820", "words": "16550", "extension": ".pdf", "flesch": "52", "author": "Pham, J. Peter", "title": "The Perils of \"Consensus\": Hans Kelsen and the Legal Philosophy of the United Nations", "date": "2004", "keywords": "community; consensus; court; development; general; hans; individual; int'l; international; kelsen; law; nations; norm; note; order; philosophy; ptl; rev; rights; states; supra; system; theory; u.n; united; united nations; validity; world", "summary": "It may be objected that the individual state cannot be con- ceived as an order delegated by international law, because historically the states-the national legal orders-preceded the creation of general international law, which was estab- lished by custom prevalent among states. If we start from the validity of international law which does not require recognition by the state, then the mentioned constitutional provision [of adherence to and ratification of the international norm by the state] does not mean that it puts into force international law for the state concerned, but merely that international law-by general clause-is transformed into national law.", "mime": "application/pdf"}, {"id": "iiclr-17821", "words": "10902", "extension": ".pdf", "flesch": "63", "author": "Szto, Mary C.", "title": "Towards a Global Bar: A Look at China, Germany, England, and the United States", "date": "2004", "keywords": "attorneys; bar; china; education; examination; germany; law; lawyers; note; practice; requirements; state; students; supra; supra note; trainee; training; united", "summary": "5 Legal education has become more widely available since 1980, which has also led to increased legal education exchanges between China and other countries with an ever- increasing number of law students, teachers, and scholars flowing between Chinese and foreign institutions.6 China's system is a blend of civil, socialist, and increasingly American legal influences. Law students in the United States generally try to gain some legal experience over their summer breaks; however, this is not mandatory and is not regulated by the states or the local bar associations.", "mime": "application/pdf"}, {"id": "iiclr-17822", "words": "42480", "extension": ".pdf", "flesch": "40", "author": "Baker, Brook K.", "title": "Arthritic Flexibilities for Accessing Medicines: Analysis of WTO Action Regarding Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health", "date": "2004", "keywords": "access; africa; agreement; aids; article; capacity; companies; compulsory; countries; country; declaration; doha; drug; export; fund; generic; global; health; implementation agreement; importing; ind; int'l; license; market; medicines; members; note; paragraph; patent; pharmaceutical; price; production; products; property; public; quality; rights; south; states; supra; trade; trips agreement; u.s; united; use; world; wto", "summary": "A previous review of developed country patent laws reveals that few of them have incorporated pro-public health flexibilities into their patent schemes. This strengthened U.S. alliance then worked with industry leaders and networks in other developed countries to motivate the importance of globalizing IP protections.", "mime": "application/pdf"}, {"id": "iiclr-17823", "words": "4976", "extension": ".pdf", "flesch": "61", "author": "Koster, Thomas; Wheeler, H. Harrison", "title": "Appellate Courts Split on the Interpretation of the Foreign Trade Antitrust Improvements Act: Should the Floodgates Be Opened?", "date": "2004", "keywords": "act; circuit; court; ftaia; plaintiffs; trade; u.s", "summary": "The defendants claimed that reading the language of the FTAIA broadly would open U.S. federal courts to all varieties of antitrust claims by foreign plaintiffs. The D.C. Circuit agreed with the Second Circuit that foreign plaintiffs should be allowed to bring their claims in U.S. federal court.", "mime": "application/pdf"}, {"id": "iiclr-17824", "words": "20291", "extension": ".pdf", "flesch": "64", "author": "Benfer, Emily A.", "title": "In the Best Interests of the Child?: An International Human Rights Analysis of the Treatment of Unaccompanied Minors in Australia and the United States", "date": "2004", "keywords": "amnesty; amnesty international; art; asylum; australia; children; convention; court; crc; detention; human; iccpr; immigration; interests; international; law; mar; minors; protection; refugee; rev; rights; states; supra note; treatment; u.s; united; united states", "summary": "(1985) reprinted in INTERNATIONAL DOCUMENTS ON CHILDREN supra note 42, at 200 Finally, Part V provides recommendations to guide the United States and Australia in the process of making changes that are vital to the well-being of unaccompanied children fleeing dangerous situations.", "mime": "application/pdf"}, {"id": "iiclr-17825", "words": "16358", "extension": ".pdf", "flesch": "64", "author": "Deiwert, Brian", "title": "A New Trusteeship for World Peace and Security: Can an Old League of Nations Idea Be Applied to a Twenty-First Century Iraq?", "date": "2004", "keywords": "africa; charter; council; international; iraq; league; mar; nations; parker; security; self; south; states; supra note; system; territories; territory; trusteeship; u.n; united; war; world", "summary": "It has been suggested the United Nations can help the United States bear the burdens of lone-superpower status'6 by reactivating one of the world body's most vital organs,' 7 the U.N. Trusteeship Council. The General Assembly delegated to the Trusteeship Council powers clearly not identified in the U.N. Charter.", "mime": "application/pdf"}, {"id": "iiclr-17826", "words": "21994", "extension": ".pdf", "flesch": "56", "author": "Greene, J. Curtis", "title": "New Regulations for Lawyers: The SEC's Final Rule for Professional Conduct in the Wake of Sarbanes-Oxley: Challenges for Foreign Attorneys", "date": "2004", "keywords": "act; attorneys; c.f.r; company; conduct; corporate; enron; evidence; financial; foreign; implementation; issuer; law; material; new; reg; report; rule; sec; securities; speech; standards; supra note; u.s; violation", "summary": "The controversial nature of the new SEC regulations has generated significant and extensive debate in the worldwide legal community.2' This Note analyzes the responsibilities the SEC's final rule enacting Section 307 imposes on corporate attorneys, specifically with regard to foreign attorneys who do not meet the SEC's definition of non-appearing. Particularly, the Act and the subsequent final regulations established by the SEC impose responsibilities on corporate attorneys to monitor and report up the corporate ladder evidence of material violations of securities laws or fiduciary duties on the part of those involved in financial reporting process.", "mime": "application/pdf"}, {"id": "iiclr-17827", "words": "24347", "extension": ".pdf", "flesch": "60", "author": "Thackeray, Jr., Richard W.", "title": "Struggling for Air: The Kyoto Protocol, Citizens' Suits Under the Clean Air Act, and the United States' Options for Addressing Global Climate Change", "date": "2004", "keywords": "act; administrator; agency; air; air act; carbon; carbon dioxide; change; clean; climate; climate change; congress; convention; countries; dioxide; emissions; epa; greenhouse; health; kyoto; parties; percent; pollutant; protocol; public; regulation; section; states; supra note; u.s.c; united; united states; warming", "summary": "' 131 E. Developments after Kyoto: The United States' initial reluctance to ratify the Protocol and to institute domestic GHG reductions The United States bears a thirty-six percent share of the 1990 global total of carbon dioxide emissions, but as arguably the most important country on the planet, its absence from the Protocol casts a shadow over the treaty's future regardless of percentages. In 2003, a group of states set out to use the same process to compel the EPA's regulation of carbon dioxide emissions on one front, and a different section of the Clean Air Act to accomplish the same goal from another.", "mime": "application/pdf"}, {"id": "iiclr-17830", "words": "26195", "extension": ".pdf", "flesch": "56", "author": "Kukovec, Damjan", "title": "International Antitrust - What Law in Action?", "date": "2004", "keywords": "action; agreement; antitrust; article; case; commission; competition; cooperation; courts; decision; dispute; effect; enforcement; european; int'l; interest; international; law; laws; liberal; market; merger; policy; power; relations; rev; slaughter; states; supra note; theory; trade; union; united; world; wto", "summary": "Nevertheless, serious ones298 do not depart, to a large degree, from the established doctrine that the WTO Agreement, and specifically Article XI of the GATT, refers only to policies or actions of governments, and does not cover those of private parties.299 The decision to adopt antitrust laws, a particular type of antitrust law, as well as their enforcement go to the heart of a state's constitutional system.300 292. As a result of the extraterritorial effect, there are two or possibly more horizontal-level decision-makers who decide whether the transaction, such as the merger between General Electric (GE) and Honeywell or Boeing and MCD is compatible with antitrust laws.", "mime": "application/pdf"}, {"id": "iiclr-17831", "words": "18891", "extension": ".pdf", "flesch": "54", "author": "Barrett Ristroph, Elizabeth", "title": "How Can the United States Correct Multi-national Corporations' Environmental Abuses Committed in the Name of Trade?", "date": "2004", "keywords": "abuses; agreement; article; countries; country; court; dispute; environmental; foreign; gatt; int'l; international; law; measures; members; mncs; note; production; products; rev; rights; sept; standards; states; supra; system; trade; u.s; united; united states; wto; wto agreement", "summary": "An interesting development in international environmental law is the emergence of framework conventions. International environmental law agreements regulate sovereigns rather than the entities within these sovereigns.", "mime": "application/pdf"}, {"id": "iiclr-17832", "words": "13477", "extension": ".pdf", "flesch": "64", "author": "Griffin, Lissa", "title": "Which One of You Did It? Criminal Liability for \"Causing or Allowing\" the Death of a Child", "date": "2004", "keywords": "abuse; case; child; court; death; defendant; duty; evidence; inference; law; prosecution; statute", "summary": "Which One of You Did It - Criminal Liability for Causing or Allowing the Death of a Child WHICH ONE OF YOU DID IT? CRIMINAL LIABILITY FOR CAUSING OR ALLOWING THE DEATH OF A CHILD Lissa Griffin* I. INTRODUCTION In the United States, the statistics on child abuse and homicide are absolutely staggering. Div. 1973) (holding that because social services law suspends confidential communications privilege between husband and wife in proceedings involving child abuse, a wife may testify that she saw her husband hit their child and that he would not let her telephone for assistance); accord Adams v. State, 563 S.W.2d 804, 809 (Tenn. Crim.", "mime": "application/pdf"}, {"id": "iiclr-17833", "words": "14364", "extension": ".pdf", "flesch": "62", "author": "Omotola, Jelili A.", "title": "Primogeniture and Illegitimacy in African Customary Law: The Battle for Survival of Culture", "date": "2004", "keywords": "act; african; case; children; constitution; court; deceased; discrimination; family; illegitimacy; judge; law; marriage; rights; rule; section", "summary": "ILLEGITIMACY African society does not recognize the concept of illegitimacy as it is used in the Western world.73 Many writers on African customary law accept this view.74 Bennett writes: Illegitimacy is said to have no place in customary law since 'birth in or out of wedlock is irrelevant to the child's status in the community or its legal rights and duties.' This is so because of the principle, or system, of primogeniture, which is applied in African customary law ....", "mime": "application/pdf"}, {"id": "iiclr-17834", "words": "16217", "extension": ".pdf", "flesch": "59", "author": "Woodard, Rebecca L.", "title": "Is Your Medical Information Safe? A Comparision of Comprehensive and Sectoral Privacy and Security Laws", "date": "2004", "keywords": "access; act; c.f.r; care; data; data protection; entity; health; health information; individual; information; laws; note; personal; privacy; processing; protection; security; states; supra; united; use", "summary": "Part RI looks at a brief history of the privacy and security of personal health information and how it has evolved with the integration of technology. Part IIl focuses on how personal information can be misused and why it is so important to maintain the security of personal health information.", "mime": "application/pdf"}, {"id": "iiclr-17835", "words": "15341", "extension": ".pdf", "flesch": "68", "author": "Johnson, Kelley J.", "title": "New Thinking about an Old Issue: The Abortion Controversy Continues in Russia and Ireland - Could Roe v. Wade Have Been the Better Solution?", "date": "2004", "keywords": "abortion; abortion law; birth; case; court; family; health; ireland; law; laws; life; medical; rate; right; roe; russia; sept; states; supra note; u.s; united; women", "summary": "Finally, Section D will look at where abortion laws might be headed in the future and why each country is headed in that direction. The code proposed to legalize abortion in certain circumstances: if continuing the pregnancy would gravely impair the pregnant women's mental or physical health; if the child would be born with a grave physical or mental defect; or if the [Vol. 15:1 ABORTION CONTROVERSY CONTINUES a number of states began liberalizing their abortion laws.42 By 1971, fourteen states had revised their abortion laws to permit abortions under certain circumstances.43 However, in the majority of states, abortion remained a crime.44 In 1973, abortion laws in the United States dramatically changed with the Supreme Court's decision in Roe v. Wade.45", "mime": "application/pdf"}, {"id": "iiclr-17836", "words": "18279", "extension": ".pdf", "flesch": "61", "author": "Williams, Bethany", "title": "North and South: The Disparate Legal Approaches to Homosexual Activity in the United States and Nicaragua", "date": "2004", "keywords": "activity; article; bowers; code; constitution; court; gay; homosexual; law; liberty; nicaragua; note; person; privacy; right; sodomy; state; statute; supra; u.s; united", "summary": "The Court had refused to protect incest, commercial sex, intergenerational sex and forcible sex.59 In reviewing this laundry list of sexual rights, it would seem that homosexual activity would fall closer to the protected categories of non-nuclear family living arrangements and non-procreative, non-marital intercourse than to commercial sex or forcible sex. Courts in Kentucky, Montana, Tennessee, and Arkansas later struck down the laws because the statutes were determined to violate privacy rights granted by the States' constitutions.", "mime": "application/pdf"}, {"id": "iiclr-17838", "words": "9839", "extension": ".pdf", "flesch": "57", "author": "Ruge, Thomas R.; Iza, Angela D.", "title": "Higher Education for Undocumented Students: The Case for Open Admission and In-State Tuition Rates for Students Without Lawful Immigration Status", "date": "2005", "keywords": "act; court; education; federal; immigrant; immigration; law; school; sess; state; state tuition; students; tuition; u.s; united", "summary": "C. Court Cases Addressing Admission of Undocumented Students There are very few cases specifically addressing the question of admission for undocumented students into institutions of higher education. B. Cases Addressing In-State Tuition for Undocumented Students There are very few cases that address the issue of in-state tuition for nonimmigrant and undocumented immigrant students.", "mime": "application/pdf"}, {"id": "iiclr-17839", "words": "9413", "extension": ".pdf", "flesch": "57", "author": "Papa, Jeff", "title": "Basic Options in the Non-Immigrant Business Context", "date": "2005", "keywords": "act; c.f.r; cis; immigrant; immigration; individual; non; status; u.s; u.s.c; united; united states; visa; work; year", "summary": "U.S. immigration law assumes that all individuals have immigrant intent, and persons applying for a non-immigrant classification must overcome this assumption or they are denied most non-immigrant classifications (excluding E, for example).24 This is an important consideration, because in many cases applicants for non-immigrant status or visas need to document strong ties to their home country and demonstrate no current intention to stay beyond a temporary authorization.25 18. Criminal activity can also render an individual ineligible for non-immigrant status.", "mime": "application/pdf"}, {"id": "iiclr-17840", "words": "16587", "extension": ".pdf", "flesch": "59", "author": "Pabon Lopez, Maria", "title": "The Place of the Undocumented Worker in the United States Legal System After Hoffman Plastic Compounds: An Assessment and Comparison With Argentina's Legal System", "date": "2005", "keywords": "app; argentina; backpay; case; compensation; court; decision; employer; employment; hoffman; immigration; inc; irca; labor; law; nlrb; policy; remedies; rev; rights; states; supreme; u.s; united; workers", "summary": "See THE VALUE OF UNDOCUMENTED WORKERS, AM. Undocumented workers are overrepresented in certain low skill, low wage labor force sectors.", "mime": "application/pdf"}, {"id": "iiclr-17841", "words": "5137", "extension": ".pdf", "flesch": "55", "author": "Romero, Victor C.", "title": "Asians, Gay Marriage, and Immigration: Family Unification at a Crossroads", "date": "2005", "keywords": "asian; chinese; family; gay; gays; gender; immigration; law; marriage; states; u.s; united", "summary": "But because U.S. immigration law does not include a gay or lesbian partner within its statutory definition of spouse, 3 binational same-gender couples may not legally remain in the country together, even if they have been married under favorable domestic or foreign law. There have been, however, other cases in which gay men have been the subject of discrimination under U.S. immigration law.", "mime": "application/pdf"}, {"id": "iiclr-17842", "words": "19627", "extension": ".pdf", "flesch": "59", "author": "Glon, Justin C.", "title": "Good Fences Make Good Neighbors: National Security and Terrorism- Time to Fence in Our Southern Border", "date": "2005", "keywords": "act; america; border; border security; country; defense; fence; government; immigrants; immigration; international; law; mar; mexican; mexico; national; nations; natural; patrol; power; president; rev; right; security; self; september; southern; states; supra note; terrorists; u.s; united; united states; war", "summary": "Toward the end of the Great Depression, and with the start of the New Deal,4\u00b0 immigration from Mexico began to increase once again.41 In 1942, the United States entered World War II against the Axis Powers of Europe and 42Asia. In 1964, the temporary worker programs came to an end with the assumption that the laborers would leave the United States and return to their homeland.5' Most laborers did return to Mexico, but many remained and were instantly transformed from legal to illegal status.", "mime": "application/pdf"}, {"id": "iiclr-17844", "words": "19769", "extension": ".pdf", "flesch": "58", "author": "Baker, Mark M.", "title": "Awakening the Sleeping Giant: India and Foreign Direct Investment in the 21st Century", "date": "2005", "keywords": "act; business; china; climate; companies; company; countries; country; development; economic; fdi; firms; foreign; giant; government; growth; income; india; int'l; investment; mar; note; percent; policy; result; supra; supra note; tax; world", "summary": "James Kynge & Edward Luce, India Starts to See China as a Land of Business Opportunity, FINANCIAL TIMES, Sept. 23, 2003. 200. Id. India, on the other hand, uses different approaches to deal with its population growth.", "mime": "application/pdf"}, {"id": "iiclr-17845", "words": "23199", "extension": ".pdf", "flesch": "49", "author": "Hopkins, Ryan W.", "title": "Liberalizing Trade in Legal Services: The GATS, The Accountancy Disciplines, and the Language of Core Values", "date": "2005", "keywords": "accountancy; accountancy disciplines; article; bar; core; disciplines; gats; jurisdiction; law; lawyer; member; model; negotiations; practice; profession; regulation; rule; services; services trade; states; supra note; trade; values; wto", "summary": "Although few of these lawyers would probably consider themselves engaged in international trade, even when traveling abroad to counsel clients, the international trade in legal services has become an important and growing sector of many national economies.4 For example, in 1986 cross-border legal services exports from the United States amounted to $97 million, while imports totaled $40 million. [hereinafter Legal Services Background Note] (quoting an OECD study that found that by 1995, over 300,000 of the world's lawyers traveled abroad to provide legal services at least occasionally).", "mime": "application/pdf"}, {"id": "iiclr-17846", "words": "12233", "extension": ".pdf", "flesch": "55", "author": "Rietvelt, Marc", "title": "Multilateral Failure: A Comprehensive Analysis of the Shrimp/Turtle Decision", "date": "2005", "keywords": "article; body; decision; environment; international; law; measures; sea; section; shrimp; species; states; supra note; trade; turtle; united; wto", "summary": "Regardless of the complete purity of motive, should unilateral measures ever be allowed if a salient, environmental reason for such measures can be legitimately shown to exist? D. Unilateral Measures May Be Necessary There are essentially two types of environmental trade measures: multilateral and unilateral. After all, in the current state of the world, the line between economics and environment is often blurred, and the color of environmental trade measures is very rarely black or white.", "mime": "application/pdf"}, {"id": "iiclr-17847", "words": "19215", "extension": ".pdf", "flesch": "47", "author": "Romero, Flerida Ruth P.", "title": "Legal Challenges of Globalization, Delivered as Part of the Indiana Supreme Court Lecture Series at Indiana University School of Law - Indianapolis", "date": "2005", "keywords": "act; adoption; agreement; arbitration; challenges; children; convention; countries; country; court; enforcement; extradition; globalization; int'l; international; ipr; justice; law; laws; nations; people; philippines; protection; rights; states; supreme; time; trade; trafficking; united; vol; women; world", "summary": "Faceless, nameless, and certainly not motivated by profit, they are undoubtedly well-funded; highly organized with their operations meticulously planned by their leaders who have placed themselves beyond the reach of international law; disdaining the orthodoxies of military engagements; utilizing airspace to target strategic areas with maximum global impact at minimal cost to their operators and setting up training centers world-wide to educate their followers in the employment of the most sophisticated weaponry to their advantage. Seemingly powerless to cope with a global menace that defies traditional rules of international law, normally complacent countries now resort to exchanging intelligence information or prisoners or detainees on their Wanted List and exerting international pressures and sanctions within a political, diplomatic, and economic context.", "mime": "application/pdf"}, {"id": "iiclr-17848", "words": "19995", "extension": ".pdf", "flesch": "73", "author": "Barbato, Joseph M.", "title": "Scotland's Bastard Verdict: Intermediacy and the Unique Three-Verdict System", "date": "2005", "keywords": "bastard; case; committee; court; criminal; duff; evidence; juries; jury; justice; law; lord; murder; office; public; rev; scotland; scots; scottish; supra note; system; trial; verdict; verdict system", "summary": "But the spirited dissent suggested that the majority should have tossed out the New Jersey indictment on double jeopardy grounds., 341 I submit, Judge Nygaard said, that looking behind jury verdicts to reconstruct the jury's thinking, or attempting to determine how it may have reached consensus, is pure speculation and contravenes our fundamental constitutional heritage of treating jury verdicts as unimpeachable., 342 Instead, his contention was that not proven verdicts should be treated as acquittals for collateral estoppel purposes. SCOTrISH OFFICE, JURIES AND VERDICTS: IMPROVING THE DELIVERY OF JUSTICE IN SCOTLAND 26 (HMSO, Edinburgh Press 1994)", "mime": "application/pdf"}, {"id": "iiclr-17849", "words": "18580", "extension": ".pdf", "flesch": "65", "author": "Root, David A.", "title": "Attorney Fee-Shifting in America: Comparing, Contrasting, and Combining the \"American Rule\" and \"English Rule\"", "date": "2005", "keywords": "american; attorney; case; claims; contingency; contingency fee; costs; court; english; fee; fees; litigation; loser; new; party; pays; rev; risk; rule; shifting; supra note; system", "summary": "Furthermore, the English rule rests on two simple premises: 1) defeat provides adequate basis for imposing legal fees on the losing party; and 2) the winner deserves to be fully compensated for all legal costs, including attorneys fees and incidental expenses. Unjust Financial Detriment to a Successful Defendant A fundamental concern with the American rule is that defendants must pay legal fees, which may amount to huge sums, even where their actions or 120.", "mime": "application/pdf"}, {"id": "iiclr-17850", "words": "16824", "extension": ".pdf", "flesch": "52", "author": "Anwar Daudi, Adil", "title": "The Invisible Bank: Regulating the Hawala System in India, Pakistan and the United Arab Emirates", "date": "2005", "keywords": "bank; banking; countries; country; exchange; fatf; financial; funds; hawala; hawala system; hawala transactions; ift; india; international; laundering; law; money; pakistan; qorchi; recommendations; remittance; supra note; system; transactions; transfer; uae; united", "summary": "To this end, this note will analyze and discuss the merits of three different models of domestic regulation of the hawala system, in India, Pakistan, and the United Arab Emirates (UAE), which have been modeled after international recommendations and are designed to police hawala transactions. This section chronicles the history of the hawala system by considering several characteristics of hawala transactions that help explain the reasons behind its development and why it continues to be an appealing transfer system today.", "mime": "application/pdf"}, {"id": "iiclr-17852", "words": "18005", "extension": ".pdf", "flesch": "55", "author": "Stein, Mark S.", "title": "The Security Council, the International Criminal Court, and the Crime of Aggression: How Exclusive Is the Security Council's Power to Determine Aggression?", "date": "2005", "keywords": "aggression; article; attack; case; charter; court; crime; determination; determine; icc; icj; power; security council; states; statute; united", "summary": "In practice, the question of Security Council exclusivity boils down to whether the P5 should be given an additional immunity from a new international institution, one they do not now possess. However, in a General Assembly debate on the same issue, Israel had relied on Security Council resolutions 1368 (2001) and 1373 (2001), which explicitly recognized the U.S. right of self-defense in response to the September 11,2001 attacks.", "mime": "application/pdf"}, {"id": "iiclr-17853", "words": "15366", "extension": ".pdf", "flesch": "59", "author": "Reinstein, Ellen", "title": "Finding a Happy Ending for Foreign Investors: The Enforcement of Arbitration Awards in the People's Republic of China", "date": "2005", "keywords": "arbitration; arbitration awards; awards; bac; cases; china; chinese; cietac; court; enforcement; foreign; government; int'l; international; judges; law; mediation; parties; party; people; spc; supra note; system", "summary": "Whether based on anecdotal information, one or two poorly decided enforcement decisions, or a prevalent refusal by Chinese courts to enforce foreign awards, many foreign investors and commentators report that enforcement of foreign awards in China is often difficult or impossible. In Part B, I will discuss the different types of arbitration awards and the reasons why parties often encounter difficulties enforcing those awards in Chinese courts.", "mime": "application/pdf"}, {"id": "iiclr-17854", "words": "22089", "extension": ".pdf", "flesch": "44", "author": "Nnona, George C.", "title": "Multidisciplinary Practice Under The World Trade Organization's Services Regime", "date": "2005", "keywords": "access; article; body; case; commitments; context; countries; discrimination; gats; gatt; international; lawyers; market; mdp; mdp measure; measure; non; note; practice; provisions; rules; services; supra; trade; u.s; united states; wto", "summary": "This is quite separate from the fact that the United States has inserted in its schedule of commitments appropriate market access limitations that constrain the capacity of foreign MDPs to claim access to the U.S. legal services market, especially by way of commercial presence, such commercial presence being the most dominant mode for the transnational supply of legal services -at least where such legal services are supplied by the major institutional providers of legal service. In the above scenario, with juridical personality present, the MDP would be distinct from the constituent individuals and thus would not qualify as a natural person supplying legal services for purposes of the requirement in the U.S. schedule that such legal services be supplied by natural persons.", "mime": "application/pdf"}, {"id": "iiclr-17855", "words": "11638", "extension": ".pdf", "flesch": "63", "author": "Oppenheimer, Brooke J.", "title": "From Arrest to Release: The Inside Story of Uganda's Penal System", "date": "2005", "keywords": "arrest; central; court; jinja; kampala police; katwe police; mukono; naggalama police; note; police station; road police; security; supra; suspects; system; uganda", "summary": "Interviews with suspects, names withheld for security, at Old Kampala Police Station, Kampala Central Police Station, Jinja Road Police Station, Mukono Police Station, Lugazi Police Station, Katwe Police Station and Naggalama Police Station, in Uganda (May 19, 2004 through August 10, 2004). Interviews with suspects, names withheld for security, at Old Kampala Police Station, Kampala Central Police Station, Jinja Road Police Station, Mukono Police Station, Lugazi Police Station, Katwe Police Station and Naggalama Police Station, in Uganda (May 19, 2004 through August 10, 2004).", "mime": "application/pdf"}, {"id": "iiclr-17856", "words": "19136", "extension": ".pdf", "flesch": "59", "author": "Dorsett, Matthew R.", "title": "Diamonds Are a Cartel's Best Friend: The Rise and Fall of Anticompetitive Business Practices within De Beers's International Diamond Cartel", "date": "2005", "keywords": "act; antitrust; beers; business; cartel; company; competition; de beers; department; diamond; diamond cartel; international; market; practices; south; states; supra note; trade; u.s; united", "summary": "Id. De Beers negotiated a deal to purchase thirty-five percent of the diamonds produced from the Canadian mines over the next three years. De Beers: A Diamond is Forever, De Beers History, at http://www.debeersgroup.com/debeersweb/About+De+Beers/De+Beers+History/ (n.d.)", "mime": "application/pdf"}, {"id": "iiclr-17857", "words": "14232", "extension": ".pdf", "flesch": "56", "author": "Grunloh, Lynn A.", "title": "Religious Accommodations For Police Officers: A Comparative Analysis Of Religious Accommodation Law In The United States, Canada, And The United Kingdom", "date": "2005", "keywords": "accommodation; court; department; discrimination; employee; employment; endres; law; note; officers; police; police officers; public; regulations; religion; states; supra; title; united; vii", "summary": "A reasonable accommodation that protects a religious practice may impose costs on the government's efficiency.43 However, the issue of cost is usually decided against the employee and for the government; therefore, the courts have required only a minimal level of accommodation of religious employees. See Debbie N. Kaminer, Title VII's Failure to Provide Meaningful and Consistent Protection of Religious Employees: Proposals for an Amendment, 21 BERKELEY J. EMP. & LAB.", "mime": "application/pdf"}, {"id": "iiclr-17858", "words": "19128", "extension": ".pdf", "flesch": "55", "author": "Miller, Amy K.", "title": "Blue Rush: Is An International Privatization Agreement a Viable Solution for Developing Countries in the Face of an Impending World Water Crisis?", "date": "2005", "keywords": "agreement; approaches; aquifer; convention; countries; economy; example; government; groundwater; guarani; hereinafter; int'l; law; management; new; non; privatization; public; resources; sector; states; supply; supra note; transboundary; use; water; water law; water privatization; water resources; world", "summary": "CONCLUSION By recognizing the economic value of water, the Guarani States allow themselves the flexibility to trade water resources and entice private sector engagement.506 Privatization enables the States to obtain much needed funding and flexibility to meet unmet needs and promote efficiency in water use and infrastructure.507 An international agreement is ideal because it forces the States to allocate water rights. 20 At the same time, there is a growing public awareness and attention to problems associated with privatization efforts.21 Opponents of privatization fear that water privatization will infringe upon the human right to water because profit-driven companies will be reluctant to serve the poor.22 To add to the opponents' concerns, numerous water privatization projects have recently failed or have caused substantial controversy.", "mime": "application/pdf"}, {"id": "iiclr-17859", "words": "14758", "extension": ".pdf", "flesch": "60", "author": "Song, Insoon", "title": "Old Knowledge into New Patent Law: The Impact of United States Patent Law on Less-Developed Countries", "date": "2005", "keywords": "article; basmati; bio; biotechnology; case; countries; india; knowledge; law; neem; patent; patent law; piracy; plants; property; protection; resources; rice; rights; states; supra note; trips; u.s; united", "summary": "Part III of this Note will examine the impact of United States patents on less-developed countries. Part IV of this Note will discuss the effort to resolve disputes among developed countries, including the United States and less-developed countries, under Trade Related Intellectual Property Rights (TRIPS) obligations.", "mime": "application/pdf"}, {"id": "iiclr-17861", "words": "8867", "extension": ".pdf", "flesch": "58", "author": "Sullivan, Jr, Frank", "title": "International LL.M. Students: A Great Resource for U.S. Law Schools", "date": "2012", "keywords": "aba; bar; j.d; law; law school; ll.m; note; professor; programs; roadmap; school; students; supra; u.s", "summary": "The international students I met with on this project were generally of the view that their own degree of initiative determines the extent of their interaction with U.S. law students. As such, Professor Edwards's LL.M Roadmap is far more than a guide for intemational students to U.S. law school programs: consider it a prospectus to be studied prior to an investment in an LL.M., identifying risk factors in the course of providing comprehensive information about such programs.", "mime": "application/pdf"}, {"id": "iiclr-17862", "words": "14641", "extension": ".pdf", "flesch": "57", "author": "Alshorbagy, Ahmad A.", "title": "On the Failure of a Legal Transplant: The Case of Egyptian Takeover Law", "date": "2012", "keywords": "art; board; capital; efsa; egyptian; french; law; market; note; offer; price; regulations; rules; supra; takeover; takeover law; takeover regulations; tender; tender offer", "summary": "3 This Article examines Egyptian takeover law derived from transplanted French law.4 This Article provides context by comparing Egyptian takeover law to its counterparts in three different Middle Eastern jurisdictions: Saudi Arabia, Bahrain, and Kuwait.5", "mime": "application/pdf"}, {"id": "iiclr-17863", "words": "13949", "extension": ".pdf", "flesch": "63", "author": "Novak, Andrew", "title": "The Abolition of the Mandatory Death Penalty in Africa: A Comparative Constitutional Analysis", "date": "2012", "keywords": "africa; appeal; art; caribbean; case; constitution; court; crim; death penalty; kenya; law; life; malawi; murder; punishment; right; sentence; sentencing; supreme; trial; uganda", "summary": "As mandatory death penalty challenges advance in halfa dozen more African countries, these three decisions will become especially important as persuasive authority. The consequences of decisions such as Kafantayeni, Kigula, and Mutiso extend far beyond death penalty cases.", "mime": "application/pdf"}, {"id": "iiclr-17864", "words": "8603", "extension": ".pdf", "flesch": "60", "author": "Zartner, Dana", "title": "The Culture of Law: Understanding the Influence of Legal Tradition on Transitional Justice in Post-Conflict Societies", "date": "2012", "keywords": "community; conflict; culture; justice; law; note; peace; respondents; supra; supra note; tradition; transitional; uganda", "summary": "Given the importance of legal tradition in shaping cultural perceptions about justice, this Article seeks to better understand this relationship through a study of the legal traditions of communities that have experienced conflict and * Building on those who argue for a culturally sensitive approach, Part III discusses the importance of considering legal tradition - a combination of the legal history, culture, and accepted institutions within a society - when assisting communities in post-conflict rebuilding.'", "mime": "application/pdf"}, {"id": "iiclr-17865", "words": "11679", "extension": ".pdf", "flesch": "54", "author": "Brady, Scott", "title": "Keeping Secrets: A Constitutional Examination of Encryption Regulation in the United States and India", "date": "2012", "keywords": "act; amendment; article; communications; constitution; court; encryption; government; india; key; law; note; privacy; regulation; right; states; supra; supra note; u.s; united", "summary": "Moreover, the safety and preservation policy concerns that support traditional search warrant exceptions do not exist in the recovery of encryption keys. VI. By prohibiting the Controller direct access to private encryption keys, the Indian government sought to preserve the integral right of privacy flowing from Article 21 of the Constitution.'", "mime": "application/pdf"}, {"id": "iiclr-17866", "words": "12312", "extension": ".pdf", "flesch": "64", "author": "Engel, II, Charles C.", "title": "Revisiting the Value Added Tax: A Clear Solution to the Murky United States Corporate Tax Structure", "date": "2012", "keywords": "companies; debt; european; government; income; note; percent; rate; revenue; states; supra; supra note; system; tax; tax system; taxation; taxes; u.s; united; united states; value; vat", "summary": "They feared that this could too easily expand the government's power and ability to grow-ideals with which conservatives traditionally disagree.239 Various VAT tax proposals have been introduced to Congress during the 228. In order to increase tax revenue, some economists, including several of President Barack Obama's top economic advisors, recommend that the federal government implement a value-added tax (VAT).33 A VAT is a type of consumption tax that is placed on a product whenever value is added at a stage of production and at final sale.", "mime": "application/pdf"}, {"id": "iiclr-17867", "words": "14941", "extension": ".pdf", "flesch": "67", "author": "Fennimore, Keenan C.", "title": "Reconciling California's Pre, Post, and Per Mortem Rights of Publicity", "date": "2012", "keywords": "cal; california; code; commercial; identity; law; mortem; note; person; personality; post; pre; privacy; property; protection; publicity; right; supra; supra note; value", "summary": "The law now entitles families of deceased soldiers to compensation for such unauthorized commercial use.4 At least five other U.S. states statutorily recognize publicity rights for deceased soldiers;5 however, AB 585 was unique in that it extended protection to the non-military deceased as well.6 In general, the U.S. right of publicity is the inherent right of every human being to control the commercial use of his or her identity.7 192 The labor justification for publicity rights is even less persuasive when applied to posthumous identity protection.1 93", "mime": "application/pdf"}, {"id": "iiclr-17868", "words": "13604", "extension": ".pdf", "flesch": "52", "author": "Sawin, Joseph E.", "title": "Global Green: Why a Global Diesel Regulation for Mobile Sources Might be a Good Idea", "date": "2012", "keywords": "adopter; air; china; costs; countries; country; diesel; emissions; engine; environmental; exhaust; fuel; global; international; interview; market; note; pollution; products; regulation; standards; supra; supra note; trade; u.s", "summary": "B. How Diesels Are Regulated Diesel engine regulations for mobile sources can be divided into three 21 categories: those of first adopters, second adopters, and unregulated countries. In fact, despite having air pollution regulations, many second adopter countries still have poor air quality.8 6 Consider the following information on China, India, and Mexico.", "mime": "application/pdf"}, {"id": "iiclr-17871", "words": "15541", "extension": ".pdf", "flesch": "52", "author": "Spahn, Elizabeth K.", "title": "Implementing Global Anti-Bribery Norms: From the Foreign Corrupt Practices Act to the OECD Anti-Bribery Convention to the U.N. Convention Against Corruption", "date": "2013", "keywords": "act; american; anti; bank; bribery; bribes; business; case; china; convention; corruption; development; enforcement; fcpa; int'l; international; jan; law; laws; nations; new; norms; note; oecd; officials; president; rev; spahn; states; supra; supra note; transparency; united; world", "summary": "'Extortion' under current US FCPA law does not extend to threats to economic or business advantage (pay me or I'll take my business elsewhere); under current US FCPA law, true extortion is limited to threats of violence (pay me or I'll blow up your oil rig).161 Enforcement of the FCPA from 2000 to 2011 appears to be consistent with the OECD Convention's requirement in Article 5 that prosecutions shall not be influenced by national economic or political interests.o Some criticisms that anti-bribery law enforcement is politically biased are blatant excuses by self-interested corrupt bribe givers and takers.", "mime": "application/pdf"}, {"id": "iiclr-17872", "words": "10847", "extension": ".pdf", "flesch": "49", "author": "Campbell, Neil; Preston, Elisabeth; O'Hara, Jonathan", "title": "Foreign Corrupt Practices - The Growth and Limitations of Canadian Enforcement Activity", "date": "2013", "keywords": "act; bribery; business; canada; canadian; cfpoa; convention; corruption; foreign; international; jurisdiction; note; oecd; oecd convention; profit; report; supra; supra note; transactions", "summary": "DEVELOPMENT OF THE CANADIAN LEGISLATION The CFPOA was enacted in response to the Organization for Economic Cooperation and Development's anti-bribery convention (OECD Convention).4 Canada signed the OECD Convention in late 1997 and ratified it in late 1998.5 * Canada's international obligations regarding jurisdiction over foreign corruption offenses Canada is required by the OECD Convention to take jurisdiction over foreign corruption offenses that occur wholly or partially in its territory.", "mime": "application/pdf"}, {"id": "iiclr-17873", "words": "20001", "extension": ".pdf", "flesch": "53", "author": "Bean, Bruce W.; MacGuidwin, Emma H.", "title": "Unscrewing the Inscrutable: The UK Bribery Act 2010", "date": "2013", "keywords": "activity; advantage; bribery; bribery act; business; company; convention; corruption; facilitation; function; government; guidance; kingdom; law; note; oecd; official; parliament; payments; person; public; section; supra; united", "summary": "UK Serious Fraud Office Discusses Details of UK Bribery Act, GIBSON DUNN, http://www.gibsondunn.com/publications/pages/UKSeriousFraudOfficeDiscussion- RecentlyEnactedUKBriberyAct.aspx (Sept. 7, 2010) [hereinafter Bribery Act] IND.", "mime": "application/pdf"}, {"id": "iiclr-17874", "words": "24212", "extension": ".pdf", "flesch": "51", "author": "Earle, Beverley; Cava, Anita", "title": "When is a Bribe Not a Bribe? A Re-Examination of the FCPA in Light of Business Reality", "date": "2013", "keywords": "act; assistant; b.a; bribery; business; code; college; companies; company; compliance; corruption; director; doj; enforcement; facilitation; fcpa; government; guidance; indiana university; industry; int'l; international; j.d; justice; law; law school; note; oecd; official; oflaw; opinion; payments; pharmaceutical; practices; professor; professor oflaw; releases; rev; review; school; state university; states; supra; u.s; united; university; university law; university robert; university school", "summary": "LL.B., University of Illinois College of Law; LL.M., Georgetown University Law School. B.M.E., Renesselaer Polytechnic Institute; J.D., LL.M., Georgetown University Law School.", "mime": "application/pdf"}, {"id": "iiclr-17876", "words": "9475", "extension": ".pdf", "flesch": "55", "author": "Wu, Edieth Y.", "title": "Should the United States Intervene in International Conflicts: Why, When, and How?", "date": "2013", "keywords": "community; force; international; intervene; intervention; iraq; law; nations; note; rights; security; states; supra; syria; united; united states; use; war", "summary": "' I. INTRODUCTION This comment analyzes the state of international interventions that are often couched in terms of protecting humanity, specifically the civilian population of a state.2 A, available at http://www.nytimes.com/2011/12/03/world/middleeast/ un-says-action-needed-to-prevent-civil-war-in-syria.htmI (quoting Faysal Khabbaz Hamoui, Syria's ambassador to the U.N.) (discussing the high commissioner for the UN's human rights' call for international intervention in Syria to protect civilians from the government's crackdown, and warning that Syria was headed toward a civil war.).", "mime": "application/pdf"}, {"id": "iiclr-17877", "words": "13083", "extension": ".pdf", "flesch": "67", "author": "Tuck, Stephen", "title": "To the Rescue: Liability in Negligence for Third Party Criminal Acts in the United States and Australia", "date": "2013", "keywords": "austl; australia; capacity; care; case; court; criminal; duty; foreseeability; harm; justice; law; liability; person; plaintiff; police; prevent", "summary": "His Honor noted that in the following special relationships, a person has a duty to protect another from a third party's criminal act and that such duty to protect these relationships was related to the existence of control: employers to employees, schools to pupils, bailees 27. He stated that for an exception to the Modbury rule to be made, there must be a high degree of risk and that the imposition of a duty must not be unduly onerous on the defendant in the face of such a risk. In the event, his Honor found: [t]hat there was a breach of duty of care on the part of the defendant club in failing to secure the entrance doors between 8pm and 9pm on the night on which the plaintiff was injured.", "mime": "application/pdf"}, {"id": "iiclr-17878", "words": "13306", "extension": ".pdf", "flesch": "60", "author": "Heitz, Aimee", "title": "Providing a Pathway to Asylum: Re-Interpreting \"Social Group\" to Include Gender", "date": "2013", "keywords": "asylum; convention; definition; gender; group; immigration; law; membership; note; persecution; protection; refugee; states; supra; united; violence; women", "summary": "Additionally, this section will address the reasons why the current administration has failed to include gender-based persecution within the definition of social group and explain why the uniform pathway approach is the best. L. REv. inflicted by immediate relatives, 60 there are still large gaps that can only be remediated by broadening the definition of social group to include gender.", "mime": "application/pdf"}, {"id": "iiclr-17879", "words": "12986", "extension": ".pdf", "flesch": "54", "author": "Gerber, Jenna", "title": "Head Out of the Clouds: What the United States May Learn from the European Union's Treatment of Data in the Cloud", "date": "2013", "keywords": "act; cloud; cloud computing; communications; computing; data; ecpa; electronic; european; government; information; jan; laws; note; privacy; providers; public; security; service; states; storage; supra; union; united; users", "summary": "Sourya Biswas, A History of Cloud Computing, CLOUD TwEAKS (Feb. 9, 2011 6:40 AM), http://www.cloudtweaks.com/2011/02/a-history-of-cloud-computing/ (Ramnath Chellappa defined cloud computing as a new computing paradigm where the boundaries of computing will be determined by economic rationale rather than technical limits alone.). Still, cloud computing is quite undefined for many common users of the Internet, nothing more than a buzzword and a vague concept.s Others emphasize that cloud computing is a buzzword almost designed to be vague, but. .", "mime": "application/pdf"}, {"id": "iiclr-17880", "words": "27130", "extension": ".pdf", "flesch": "53", "author": "Li, May", "title": "Did Indiana Deliver in its Fight Against Human Trafficking?: A Comparative Analysis Between Indiana's Human Trafficking Laws and the International Legal Framework", "date": "2013", "keywords": "act; art; asset; assistance; beings; code; coe; convention; council; crime; criminal; directive; enforcement; european; forfeiture; human; indiana; int'l; international; labor; law; mar; persons; proceeds; protection; protocol; report; rev; rights; services; sex trafficking; states; supra note; trafficking; trafficking laws; united; victims; women", "summary": "Did Indiana Deliver in its Fight against Human Trafficking: A Comparative Analysis between Indiana's Human Trafficking Laws and the International Legal Framework DID INDIANA DELIVER IN ITS FIGHT AGAINST HUMAN TRAFFICKING?: charges.1 6 It additionally created a federal civil remedy for trafficking victims, which allowed them 148.", "mime": "application/pdf"}, {"id": "iiclr-17881", "words": "18394", "extension": ".pdf", "flesch": "54", "author": "Whitacre, Morgan R.", "title": "An Environmentally Hazardous Process: Why the United States Should Follow France's Lead and Ban Hydraulic Fracturing", "date": "2013", "keywords": "b.a; ban; bill; college; director; drinking; energy; environmental; epa; fracking; fracturing; france; gas; hydraulic; indiana university; injection; j.d; law; law school; new; note; oflaw; oil; process; professor; regulation; school; shale; state university; states; study; supra; supra note; united; university; university law; university robert; university school; water; wells", "summary": "GERALD L. BEPKO, Indiana University-Purdue University-Indianapolis Chancellor Emeritus, Indiana University Trustee Professor and Professor of Law. Id. (pointing out that the earthquake was probably not caused from the fracking site itself, but was caused from the pumping of used fracking fluid into a deep-injection disposal well located a few miles from the fracking site). 64.", "mime": "application/pdf"}, {"id": "iiclr-17883", "words": "24234", "extension": ".pdf", "flesch": "63", "author": "Plogstedt, Antoinette", "title": "Citizen Judges in Japan: A Report Card for the Initial Three Years", "date": "2013", "keywords": "act; assessor; cases; citizen; court; criminal; death; int'l; japan; japanese; jsrc; judges; juries; jurors; jury; jury system; jury trial; justice; justice system; law; lay; new; number; penalty; police; public; report; supra note; trial; verdict; vote", "summary": "C Expansion ofAll Lay Juries Notwithstanding the popularity of mixed juries, several European and Asian countries have implemented jury systems with juries consisting of all lay assessors with one professional judge presiding over the proceeding. Spain and Russia, along with five other European countries, have introduced jury systems where the juries answer interrogatory style question lists in their verdicts.", "mime": "application/pdf"}, {"id": "iiclr-17884", "words": "24683", "extension": ".pdf", "flesch": "46", "author": "Charity, Matthew H.", "title": "Defying Gravity: The Development of Standards in the International Prosecution of International Atrocity Crimes", "date": "2013", "keywords": "atrocity; chamber; commission; community; complementarity; court; crimes; criminal; gravity; humanity; icc; int'l; international; jurisdiction; justice; law; laws; nations; ntaganda; parties; principles; rome; rome statute; states; statute; supra note; trial; tribunal; united; war; war crimes", "summary": "In the midst of this norm-creating and norm-setting moment in the codification of international criminal law, the ICC has, at times, set an overly high bar for the hearing of international criminal law cases. (requiring that the I.C.C. consider general principles of law derived by the Court from national laws of legal systems of the world including, as appropriate, the national laws of States that would normally exercise jurisdiction over the crime, provided that those principles are not inconsistent with this Statute and with international law and internationally recognized norms and standards, but only where the Statute, treaties, and principles and rules of international law are not clearly applicable). 432", "mime": "application/pdf"}, {"id": "iiclr-17885", "words": "19168", "extension": ".pdf", "flesch": "67", "author": "Louks, Douglas", "title": "(Fly) Anywhere But Here: Approaching EU-US Dialogue Concerning PNR in the Era of Lisbon", "date": "2013", "keywords": "agreement; art; article; commission; data; data protection; directive; european; law; lisbon; parliament; pnr agreement; pnr data; privacy; rights; security; states; supra note; treaty; united states", "summary": "PNR data includes such things as passengers' names, credit card information, and even meal preferences. [T]he European Data Protection Working Party repeatedly raised its doubts on the proportionality of transfer of PNR data and on the level of protection as guaranteed in the undertakings of the US ... (CBP).", "mime": "application/pdf"}, {"id": "iiclr-17886", "words": "13675", "extension": ".pdf", "flesch": "60", "author": "Lowe, Anne", "title": "Customary International Law and International Human Rights Law: A Proposal for the Expansion of the Alien Tort Statute", "date": "2013", "keywords": "alien; ats; cir; court; human; international; law; nations; norm; note; rights; states; statute; tort; violations", "summary": "However, even though the UDHR is not a binding treaty, it is considered to be a source of customary international law, and, therefore, imposes binding international legal obligations.13 3 While international law is generally framed and codified via international bodies, implementation and enforcement of these international human rights laws occurs mostly at the domestic level.134 State governments are the primary actors in implementing international human rights law at both the international and national levels. However, this Note argues that US courts in fact have an obligation imposed by international human rights law to hear and help enforce human rights claims like those brought under the ATS.", "mime": "application/pdf"}, {"id": "iiclr-17887", "words": "13845", "extension": ".pdf", "flesch": "59", "author": "Keller, Nicole M.", "title": "The Legalization of Industrial Hemp and What it Could Mean for Indiana's Biofuel Industry", "date": "2013", "keywords": "act; aug; biofuel; canada; cannabis; corn; energy; food; hemp; indiana; industrial; industry; kentucky; legalization; marijuana; note; plant; production; products; seed; states; supra; supra note; united", "summary": "Some states are finding that industrial hemp offers an answer.' The production of industrial hemp products is a new industry in itself.8 Additionally, industrial hemp can help replace, and possibly eliminate, the need for limited resource inputs in the 1.", "mime": "application/pdf"}, {"id": "iiclr-18263", "words": "18585", "extension": ".pdf", "flesch": "46", "author": "Arafa, Mohamed A.", "title": "Whither Egypt? against religious fascism and legal authoritarianism: pure revolution, popular coup, or a military coup d\u2019\u00e9tat?", "date": "2014", "keywords": "alteration; arafa; brotherhood; constitution; coup; court; criminal; democracy; egypt; egyptian; government; int\u2019l; islamic; islamist; july; june; law; military; mohamed; morsi; muslim; note; power; president; principles; religion; rev; rights; sharia; state; supra; supra note", "summary": "Fisher, supra; see also Egypt Declares Muslim Brotherhood a Terrorist Group, FOX NEWS (Dec. 25, 2013), http://www.foxnews.com/world/2013/12/25/egypt-declares-muslim- 2014] Michael Georgy & Mike Collett-White, Egypt Court Bans All Muslim Brotherhood Activities, REUTERS (Sept. 23, 2013), http://www.reuters.com/article/2013/09/23/usegypt- brotherhood-urgent-idUSBRE98M0HL20130923, archived at http://perma.cc/KGH3-8SHA (\u201cAn Egyptian court . . .", "mime": "application/pdf"}, {"id": "iiclr-18264", "words": "9730", "extension": ".pdf", "flesch": "60", "author": "Johnston, David L.", "title": "A Muslim and Christian orientation to human rights: human dignity and solidarity", "date": "2014", "keywords": "christian; declaration; dignity; freedom; god; islamic; law; muslim; nations; note; rights; solidarity; supra; tes\u00f2n; university; widdows; world", "summary": "For him, \u201chuman rights law is developing in a fashion that is likely to hinder rather than assist the realization of the goals of tolerance and religious pluralism.\u201d54 And despite the many other concerns the United Nations has had to confront over the years\u2014most of them related to issues of national sovereignty and resolving conflicts\u2014 human rights law has continued to grow rapidly.", "mime": "application/pdf"}, {"id": "iiclr-18268", "words": "19955", "extension": ".pdf", "flesch": "53", "author": "Meleshevich, Andrey; Forstein, Carolyn", "title": "Bringing Human Rights Home: The Challenge of Enforcing Judicial Rulings in Ukraine and Russia", "date": "2014", "keywords": "burdov; cases; court decisions; draft; draft law; enforcement; european court; government; human; human rights; ivanov; judgment; judicial; law; ministers; non; note; pilot; pilot judgment; rights; russia; state; supra; ukraine; ukrainian; ukrayiny", "summary": "In both of the above decisions, the Constitutional Court referred to European Court of Human Rights case law to justify its position, citing Airey v. Ireland and Kyartan Asmudson v. Iceland.135 However, the Constitutional Court overlooked important conclusions and implications of the European Court of Human Rights\u2019 rulings. Ukraine acceded to the Council of Europe in 1995, ratified the European Convention on Human Rights in 1997, and received its first judgment from the European Court of Human Rights in 2001.18 In 2004, the court issued a decision in Zhovner v. Ukraine, the first case concerning non-enforcement, and since then the number of applications presenting this issue has continued to grow.19 By 2010, cases about the non- enforcement of domestic decisions comprised over 50 percent of all European Court of Human Rights judgments against Ukraine.20 The widespread nature of the issue has not gone unnoticed.", "mime": "application/pdf"}, {"id": "iiclr-18269", "words": "17693", "extension": ".pdf", "flesch": "49", "author": "Nsour, Mohammad F.A.; Dmour, Abdullah; Nimri, Lana", "title": "Trends in Free Trade: Legal and Policy Perspectives on Jordan\u2019s Regional Trade Arrangements", "date": "2014", "keywords": "agreement; arab; area; article; aug; canada; countries; customs; economic; european; free trade; fta; goods; government; int\u2019l; jordan; liberalization; med; note; origin; policy; roos; rules; services; supra; tariff; trade; trade agreement; trade policy; union; world; world trade; wto", "summary": "U.S. Jordan Free Trade Agreement Descends into Human Trafficking & Involuntary Servitude, INSTITUTE FOR GLOBAL LABOUR AND HUMAN RIGHTS (May 2006), http://www.globallabourrights.org/reports?id=0619, archived at http://perma.cc/5MMY- Y6EQ. 340 IND. See Trade: Jordan trade deficit jumps to 8.6 percent in 2013, ANSA MED, http://www.ansa.it/ansamed/en/news/sections/ economics/2014/01/23/Trade-Jordan-trade-deficit-jumps-8-6-percent-2013_9949393.html (Jan. 23, 2014, archived at http://perma.cc/6EL6-6A32). 87.", "mime": "application/pdf"}, {"id": "iiclr-18270", "words": "32990", "extension": ".pdf", "flesch": "49", "author": "Ghoshray, Saby", "title": "Targeted Killing in International Law: Searching For Rights in the Shadow of 9/11", "date": "2014", "keywords": "analysis; article; civilian; combatant; conflict; context; defense; distinction; drone; force; framework; geneva; hereinafter; hostilities; hrl; human; ihl; international; int\u2019l; killing; law; life; military; necessity; niac; principles; proportionality; rev; right; rights law; self; state; strikes; supra note; target; united; use; war", "summary": "See generally, Chesney, supra note 51 (examining under what circumstances authorization based on AUMF might collapse within the context of targeted killing, while advancing an argument for developing additional legal criteria for such targeted killing). It permits the destruction of life of armed enemies and other persons whose destruction is incidentally unavoidable by the armed conflicts of the war; it allows the capturing of armed enemies and others of peculiar danger, but does not permit the killing of innocent inhabitants for purposes of revenge or the 2014] TARGETED KILLING IN INTERNATIONAL LAW 363 dimensions is both complex and difficult, for reasons I list below.", "mime": "application/pdf"}, {"id": "iiclr-18271", "words": "4250", "extension": ".pdf", "flesch": "74", "author": "David, Steven H.", "title": "Dear Mom and Dad", "date": "2014", "keywords": "counsel; dad; defense; guantanamo; law; rule; thing", "summary": "I have tried to write this letter a few times as I mulled over things I wanted to share with you about my experience as Chief Defense Counsel for the Military Commissions at Guantanamo Bay, Cuba. My time as Chief Defense Counsel for the Military Commissions at Guantanamo Bay was my duty\u2014and it was also my duty to do the right thing, the right way.", "mime": "application/pdf"}, {"id": "iiclr-18272", "words": "14310", "extension": ".pdf", "flesch": "62", "author": "Ahonen, Zachary", "title": "The Recent Financial Crisis and Its Impact on Interest Rate Swaps: A Road to Recovery through the Frustration of Commercial Purpose Doctrine", "date": "2014", "keywords": "bank; bond rate; business; claims; contract; court; crisis; frustration; fsa; interest rate; libor; libor rate; note; percent; purpose; rate swaps; selling; supra note; term", "summary": "Fourth and finally, this Note advocates the effectiveness of the doctrine of frustration of commercial purpose as a means of financial recovery for the losers in interest rate swaps during the \u2217 Zachary Ahonen is a 2014 J.D. graduate of the Indiana University Robert H. McKinney School of Law. THE ONE HUNDRED FOOT VIEW OF DERIVATIVES, INTEREST RATE SWAPS, AND THE FINANCIAL CRISIS A. An Overview of the Derivatives Market In order to fully appreciate the inner workings of interest rate swaps, it is essential to have an understanding of derivatives in general.", "mime": "application/pdf"}, {"id": "iiclr-18273", "words": "23087", "extension": ".pdf", "flesch": "63", "author": "Doll, Elisa D.", "title": "The Equity for Visual Artists Act of 2011 (EVAA): Crafting an Effective Resale Royalty Scheme for the United States through Comparative Meditation", "date": "2014", "keywords": "act; appendix; art; artists; author; bureau; copyright; countries; english; equity; european; evaa; infra; infra appendix; language; law; legislation; market; note; price; property; resale; resale royalty; right; royalties; royalty; royalty right; sales; supra; supra note; translation; united; visual; wipo; works", "summary": "The apparent classification conflict between the economic and equitable aspects of resale royalty rights can create several hurdles to designing and implementing effective legislation from inception. Visual Artists Rights Act of 1990 (VARA)150 There were five versions of VARA,151 but none of them contained a separate provision granting resale royalty rights.", "mime": "application/pdf"}, {"id": "iiclr-18274", "words": "12956", "extension": ".pdf", "flesch": "59", "author": "Emhardt, Andrew D.", "title": "Climate Change and the Inuit: Bringing an Effective Human Rights Claim to the United Nations", "date": "2014", "keywords": "arctic; change; claims; climate; climate change; council; environmental; hassol; human; international; int\u2019l; inuit; land; nations; ngos; organizations; people; rev; rights; states; supra note; united; way", "summary": "Part I addresses two legal approaches to the intersection of climate change and Inuit rights. The organization has four principal goals: (1) \u201cto strengthen unity among Inuit of the circumpolar region;\u201d (2) \u201cto promote Inuit rights and interests on an international level;\u201d (3) \u201cto develop and encourage long-term policies that safeguard the Arctic environment;\u201d and (4) \u201cto seek full and active partnership in the political, economic, and social development of circumpolar regions.", "mime": "application/pdf"}, {"id": "iiclr-18275", "words": "15075", "extension": ".pdf", "flesch": "56", "author": "Harrell, Sarah P.", "title": "From the Big Apple to Big Ben: International Guidance for Abu Dhabi\u2019s Modern Heritage Preservation Initiative", "date": "2014", "keywords": "abu; abu dhabi; act; buildings; chabbi; city; commission; designation; dhabi; english; heritage; landmark; mahdy; new; nyc; planning; preservation; supra note; u.k; york; york city", "summary": "In Abu Dhabi, most of the buildings now standing were built within the lifetimes of current and recent generations.64 Those buildings, therefore, give the people of the city a sense of place.65 Landmark status for Abu Dhabi buildings like the bus station, among others, would potentially serve the community, reminding residents of the city\u2019s unique history, even those residents who are not natives of the city or even the country.66 Finally, architectural preservation also serves the economic functions of real estate marketability and tourism. \u201d168 In the United Kingdom, the government and English Heritage provide extensive guidance for deciding what sorts of buildings are worthy of listing.169 The United Kingdom\u2019s regime divides listed buildings into three categories depending on their level of importance: Grade I is the highest 162.", "mime": "application/pdf"}, {"id": "iiclr-18279", "words": "37087", "extension": ".pdf", "flesch": "55", "author": "Barrett Ristroph, Elizabeth", "title": "Loosening Lips to Avoid Sinking Ships: Designing a Ship Communications System for the Bering Strait Region", "date": "2014", "keywords": "act; agreement; alaska; arctic; area; bering; bering strait; c.f.r; coast; coast guard; coastal; convention; guard; guidelines; ice; imo; information; law; marine; maritime; measures; navigation; pollution; region; regulations; reporting system; requirements; rev; routing; safety; sea; service; ship; ship reporting; solas; species; states; strait; strait region; supra note; system; torres; traffic; u.s; unclos; united; united states; vessel; vessel traffic; vts; waters; whale", "summary": "\u201d240 Flag states that are parties to SOLAS must ensure adherence to IMO-adopted systems,241 and a state that is \u201cconcerned\u201d may monitor traffic in these systems.242 The Ports and Waterways Safety Act allows the Coast Guard to establish and maintain measures for controlling or supervising vessel traffic as well as for protecting navigation and the marine environment.243 These measures, which may be implemented in US territorial waters or in areas covered by an international agreement, include ship reporting systems, ship routing systems, vessel traffic services, tracking systems, and speed limits.244 In implementing and carrying out these measures, the Coast Guard 234. \u201d251 VTSs are typically interlinked with other aspects of marine traffic management, such as traffic separation schemes and ship reporting systems.252 VTSs that provide navigational assistance or traffic organization services are typically associated with ports or harbors\u2014their main concern is to oversee vessel traffic to and from the port or harbor.253 A VTS that only provides an information service is generally known as a coastal VTS254 and is fairly similar to a ship reporting system.255 Coastal VTSs and ship reporting systems both contribute to safety, navigation, and/or the protection of the marine environment.256 Both have the right to interact with vessel traffic, providing information when necessary.257 One difference is where they are allowed: SOLAS limits mandatory VTSs to the territorial seas of a coastal state,258 and VTSs cannot alter the legal regimes governing international straits.259 Mandatory ship reporting systems, on the other hand, can be approved by IMO for international waters and straits,260 such as the Bering Strait.", "mime": "application/pdf"}, {"id": "iiclr-18280", "words": "12242", "extension": ".pdf", "flesch": "49", "author": "Blackwell, J. Michael", "title": "The Costs and Consequences of US Drug Prohibition for the Peoples of Developing Nations", "date": "2014", "keywords": "cannabis; consequences; consumption; control; costs; development; drug; drug control; drug prohibition; illicit; market; miron; peoples; policy; prohibition; prohibitionist; rights; states; supra note; united; united states; use", "summary": "Finally, Part IV emphasizes the urgent need for the revision of US drug controls and offers a practical suggestion for reducing the harms currently stemming from prohibitionist activities. This Article stresses the need for policymakers to comprehensively consider all costs and benefits of drug controls, as well as the costs and benefits of drug use itself.", "mime": "application/pdf"}, {"id": "iiclr-18281", "words": "15612", "extension": ".pdf", "flesch": "63", "author": "Baber, Sukrat", "title": "Shout for Freedom to Curse at the Kingdom: Contrasting Thai L\u00e8se Majest\u00e9 Law with United States First Amendment Freedoms", "date": "2014", "keywords": "act; amendment; case; comp; court; expression; freedom; government; jay; king; kingdom; law; laws; l\u00e8se; majest\u00e9; monarchy; national; people; public; rev; speech; states; streckfuss; supra note; thai; thailand; u.s; united", "summary": "[Vol. 24:3 shift in Thai free speech laws. Therefore, whether speech laws are inhibiting or empowering in nature, their effectiveness depends partly on clearly defined practical limitations that serve a governmental or civil purpose.", "mime": "application/pdf"}, {"id": "iiclr-18282", "words": "16224", "extension": ".pdf", "flesch": "57", "author": "Deneault, Sean", "title": "Foreign Account Tax Compliance Act: A Step in the Wrong Direction", "date": "2014", "keywords": "account; act; agreement; banking; compliance; convention; countries; fatca; government; individuals; information; institutions; international; int\u2019l; laws; states; supra note; swiss; system; tax; treaties; u.s.c; united; united states; withholding", "summary": "2014] FOREIGN ACCOUNT TAX COMPLIANCE ACT 743 2010 Hiring Incentives to Restore Employment Act (HIRE)125 and the solution proposed by Congress126 and the Obama administration127 to combat the problem of offshore tax evasion.128 FATCA adds sections 1471 through 1475 to the Internal Revenue Code,129 and has led to the promulgation of several Treasury Regulations designed to explain and help implement those provisions.130 The goal of FATCA is to improve tax compliance involving foreign financial assets and offshore accounts to thereby increase tax revenue.131 FATCA achieves this goal by forcing132 three categories of foreign businesses133 to enter into disclosure agreements with the IRS:134 \u201cforeign financial institutions,\u201d135 foreign companies with a \u201csubstantial US owner,\u201d136 and \u201cpassthru\u201d companies.137 These businesses are forced into disclosure agreements by an ultimatum: comply with the onerous138 and expensive regulations139 or have 30 percent of their US source income withheld.140 All FATCA can do in regard to these individuals is push them further away from large reputable banks located in friendly countries to those that are less desirable.311 The FATCA \u201cstick\u201d is not the right tool for achieving the goal of increased revenue and compliance with US tax laws with respect to the ardent tax avoiders left with assets overseas.", "mime": "application/pdf"}, {"id": "iiclr-18283", "words": "17366", "extension": ".pdf", "flesch": "55", "author": "Mahern, Emma", "title": "La Mano Extendida: The Interaction Between International Law and Negotiation as a Strategy to End Gang Warfare in El Salvador and Beyond", "date": "2014", "keywords": "america; central; conflict; crime; criminal; el salvador; gang; government; insight; international; law; mano; manwaring; maras; members; ms-13; nagle; peace; process; regional; ribando; salvador; security; seelke; state; supra note; truce; violence", "summary": "[Vol. 24:3 and prevention efforts with the majority of forces focused on the former.7 These efforts have not done much to substantially decrease violence, particularly in the northern triangle: Guatemala, Honduras, and El Salvador.8 However, in March 2012, El Salvador revealed a new strategy to decrease gang violence: a truce between the countries\u2019 main rival factions, Barrio 18 and Mara Salvatrucha, to cease violence and to stop recruiting at schools.9 LA MANO EXTENDIDA 787 it is difficult to tell if this is due to an actual increase or an improvement in the government's tracking methods made under political pressure of those opposed to the truce.182 A recent analysis of data regarding gang violence in individual municipalities in El Salvador illustrates the complexities in understanding the reduction in violence in El Salvador.183", "mime": "application/pdf"}, {"id": "iiclr-18284", "words": "22139", "extension": ".pdf", "flesch": "59", "author": "Youngs, Graham T.", "title": "Piracy in Somalia: A Legal Analysis Concerning the Prosecution of Pirate Negotiators and Pirate Facilitators under the Current US and International Framework", "date": "2014", "keywords": "act; acts; ali; article; convention; court; definition; government; high; international; jurisdiction; law; nations; piracy; pirate; requirement; seas; shibin; ship; somalia; states; supra note; unclos; united states; universal", "summary": "BACKGROUND TO THE LEGAL FRAMEWORK FOR PIRACY LAW IN THE UNITED STATES A. Piracy under The US Constitution: The \u201cDefine and Punish\u201d Clause Article I of the US Constitution vests power with the US Congress \u201c[t]o define and punish Piracies and Felonies committed on the high seas, and Offenses against the Law of Nations.\u201d60 \u201cAfter carefully calibrating the returns to labor and capital that compensate participants for high risks involved in pirate ventures, it was found that up to 86 percent of ransom proceeds go to remunerate individuals, inside and outside the industry, whose political and social connections allow Somali piracy to thrive.\u201d", "mime": "application/pdf"}, {"id": "iiclr-18583", "words": "3842", "extension": ".pdf", "flesch": "45", "author": "Shope, Mark L.", "title": "Reflections on a Legal Education Abroad: Metacognitive Opportunities, Knowledge and Cognitive Complexity, and Cultural Globalization", "date": "2015", "keywords": "cultural; culture; education; law; learning; note; supra; values", "summary": "Subtle contours of these similarities become apparent, and we begin to appreciate the connections between legal cultures. Inclusion of culture-specific values and legal norms from other legal systems are becoming more mainstream in legal thought.36", "mime": "application/pdf"}, {"id": "iiclr-18584", "words": "9541", "extension": ".pdf", "flesch": "41", "author": "Bravo, Karen E.", "title": "Interrogating the State's Role in Human Trafficking", "date": "2015", "keywords": "actors; exploitation; forms; human; individual; international; labor; law; laws; non; note; persons; power; sovereignty; state; supra; trafficking; united", "summary": "Part III of the Essay outlines the nature and scope of state power. As such, the executive ensures the implementation of the frameworks, whether these paradigms provide for the subordination or the equality and recognition of individuals and groups.59 The consequences of these attributes of state power include the formulation of criteria and structures that reflect the relationships of subordination, the application of legitimacy or illegitimacy to human activity, the prioritization among competing policy possibilities, and the setting of standards with respect to innumerable aspects of individual human lives.", "mime": "application/pdf"}, {"id": "iiclr-18585", "words": "6096", "extension": ".pdf", "flesch": "49", "author": "Papa, Jeff; Whelan, Jessica", "title": "Regaining the Economic Edge: Policy Proposals for High-skill Worker and Student Authorizations", "date": "2015", "keywords": "c.f.r; h-1b; immigration; program; states; stem; students; study; u.s; united; visa; work", "summary": "37 See Position Statement: U.S. Talent Crisis, NAT\u2019L ASS\u2019N OF C.S & EMP\u2019RS (Oct. 2007), http://www.naceweb.org/advocacy/position-statements/united-states-talent-crisis.aspx. 2015] REGAINING THE ECONOMIC EDGE 41 One major issue in the current immigration system is the disparity between the number of U.S. students pursuing STEM degrees and the projected need for top talent in STEM careers.38 Between 2010 and 2020, employment in STEM occupations is expected to expand faster than employment in non-STEM occupations by seventeen versus fourteen percent.39 More specifically, setting aside for purposes of this paper the larger issue of the need to grow U.S. student interest in STEM fields, how can the short-term STEM needs of the United States be met?", "mime": "application/pdf"}, {"id": "iiclr-18586", "words": "6145", "extension": ".pdf", "flesch": "46", "author": "Adams, Angela; Boyne, Kerry S.", "title": "Access to Higher Education for Undocumented and \"Dacamented\" Students: The Current State of Affairs", "date": "2015", "keywords": "access; daca; education; federal; immigration; law; public; rates; state; students; tuition; u.s; united; united states", "summary": "On November 20, 2014, the President announced an expanded DACA which could stand to benefit an additional 300,000 people in the United States.7 The implementation of the DACA program has prompted new discourse regarding state laws and policies addressing access to postsecondary education for \u201cDACAmented\u201d8 and undocumented students. The study concludes by analyzing the intersection and impact of federal advances with a sampling of state laws and policies related to the enrollment and access to resident tuition rates at public universities for DACA and undocumented students.", "mime": "application/pdf"}, {"id": "iiclr-18587", "words": "7489", "extension": ".pdf", "flesch": "48", "author": "Jones, Samuel V.", "title": "Ending Bacha Bazi: Boy Sex Slavery and the Responsibility to Protect Doctrine", "date": "2015", "keywords": "afghan; afghanistan; bacha; bacha bazi; bazi; boys; child; government; international; note; rights; security; sex; supra; supra note; trafficking; u.n", "summary": "The horror Nuaman describes disrupts the lives of potentially thousands of Afghan boys. 9 See Atia Abawi, Ignored by Society, Afghan Dancing Boys Suffer Centuries-Old Tradition, CNN (Oct. 27, 2009, 1:21 PM), http://www.cnn.com/2009/WORLD/asiapcf/10/26 /ctw.afghanistan.sex.trade/index.html?iref=allsearch (bacha bazi is also referred to as \u201cbacha baazi,\u201d \u201cbachabaze,\u201d or \u201cboy play,\u201d a practice under which Afghan boys are \u201cmade to dance and used as sex slaves by powerful men\u201d);", "mime": "application/pdf"}, {"id": "iiclr-18588", "words": "17560", "extension": ".pdf", "flesch": "42", "author": "Raigrodski, Dana", "title": "Economic Migration Gone Wrong: Trafficking in Persons Through the Lens of Gender, Labor, and Globalization", "date": "2015", "keywords": "children; convention; economic; exploitation; global; human; labor; migrant; migration; note; persons; protocol; report; rights; supra; supra note; trafficking; trafficking protocol; victims; women; workers", "summary": "99 See e.g. the mission statement of the U.N. Global Initiative to Fight Human Trafficking (UN.GIFT), available at http://www.ungift.org/knowledgehub/en/about/index.html (\u201cUN.GIFT aims to mobilize state and non-state actors to eradicate human trafficking by reducing both the vulnerability of potential victims and the demand for exploitation in all its forms; ensuring adequate protection\u2026while respecting the fundamental human rights of all persons\u2026UN.GIFT will increase the knowledge and awareness on human trafficking; promote effective rights-based responses\u2026). (exploring alternative perspectives to the criminal law model of human trafficking including a human rights perspective, a public health perspective, and a development perspective); Jonathan Todres, Moving Upstream: The Merits of Public Health Law Approach to Human Trafficking, 89 N.C. L. REV. 447 (2011)(further exploring a public health approach to human trafficking); Hila Shamir, A Labor Paradigm for Human Trafficking, 60 UCLA L. REV. 76 (2012) (examining human trafficking through a labor lens and suggesting workplace measures to empower employees)[hereinafter A Labor Paradigm]; Jonathan Todres, Human Rights, Labor, and the Prevention of Human Trafficking: A Response to a Labor Paradigm for Human Trafficking, 60 UCLA L. REV.", "mime": "application/pdf"}, {"id": "iiclr-18589", "words": "21927", "extension": ".pdf", "flesch": "44", "author": "Petersen, Carole J.", "title": "Sex Work, Migration, and the United States Trafficking in Persons Report: Promoting Rights or Missing Opportunities for Advocacy?", "date": "2015", "keywords": "china; government; hong kong; human; international; kong government; law; mainland; migrant; note; persons; police; prostitution; protocol; report; rights; sex; sex trafficking; sex work; sex workers; state; supra; supra note; tip; tip report; trafficking; trafficking protocol; u.s; victims; women", "summary": "In this context, however, it should be recognized that the annual U.S. TIP Report could easily undermine any campaign for even modest law reform to make Hong Kong sex workers safer. Although Hong Kong law provides extensive protections for migrant domestic workers, certain flaws in the immigration rules and the enforcement system make this group of women vulnerable to exploitation, particularly if they rely upon an employment agency to find their employer.", "mime": "application/pdf"}, {"id": "iiclr-20782", "words": "9392", "extension": ".pdf", "flesch": "56", "author": "Engle, Eric; Danyliuk, Tetiana", "title": "Europe's Common Foreign and Security Policy: Facing Crises in Ukraine and Syria", "date": "2015", "keywords": "art; cfsp; council; european; european union; foreign; member; note; policy; security; states; supra; supra note; syria; treaty; ukraine; union", "summary": "This article provides an overview of the institutional structure and historical experiences of the CFSP and argues that EU foreign policy is becoming more cohesive and will continue to do so thanks to the functionalist method1 and globalization. Although it is growing more coherent, EU foreign policy has not been cohesive in the past.2 This can be seen in the crises involving Yugoslavia, including the recognition of successor states to the Yugoslavian state.3 Today in Syria and Ukraine, there is a real risk of a reoccurrence of the Yugoslavian tragedy: paralysis, inaction, and avoidable bloodshed.", "mime": "application/pdf"}, {"id": "iiclr-20783", "words": "31379", "extension": ".pdf", "flesch": "54", "author": "Grant, Thomas D.", "title": "The U.N. Convention on the Rights of Persons with Disabilities (CRPD): Some Observations on U.S. Participation", "date": "2015", "keywords": "abortion; article; committee; convention; convention disabilities; crpd; disabilities; doc; general; hoc; human; international; int\u2019l; law; new; note; observations; participation; party; persons; rep; respect; rights; rules; sess; states; supra; supra note; treaty; u.n; u.s; united states; vol", "summary": "The United States, although lacking a Working Group representative,43 submitted details of U.S. disability rights law to the committee44 and observed proceedings.45 The Working Group also included representatives of the following NGOs and national human rights institutions:46 Disability Australia Limited Disabled Peoples\u2019 International Disabled Peoples\u2019 International (Africa) 2nd sess., supra note 34, at \u00b6 15 (indicating that the working procedures of the Ad Hoc Committee \u201cshall in no way create a precedent for other Ad Hoc Committees\u201d). but if the United States adopted neither treaties that require changes to U.S. law nor treaties that leave U.S. law alone, then nary a ghost of United States treaty practice would remain.", "mime": "application/pdf"}, {"id": "iiclr-20784", "words": "12744", "extension": ".pdf", "flesch": "53", "author": "Brennan, Carrie Dvorak", "title": "The Public Defender System: A Comparative Assessment", "date": "2015", "keywords": "cases; counsel; court; criminal; defendants; defender; defense; florida; funding; indiana; indigent; justice; note; prosecutors; public; state; supra; system", "summary": "In 2002, the American Bar Association (ABA) made an attempt to improve public defender systems nationwide. D. Public Defenders Do More Than \u201cWork Cases\u201d While public defender caseloads are rising, there are other duties in public defenders\u2019 work beyond cases.", "mime": "application/pdf"}, {"id": "iiclr-20785", "words": "18906", "extension": ".pdf", "flesch": "52", "author": "Burress, Joshua", "title": "Sovereign Disobedience: The Role of U.S. Courts in Curtailing the Proliferation of Sovereign Default", "date": "2015", "keywords": "argentina; bonds; cir; circuit; court; debt; district; district court; elliott; exchange; fsia; immunity; injunctions; judgment; nml; note; property; republic; second; sovereign; state; supra", "summary": "2. Recognition and Enforcement of U.S. Judgments Abroad Where a sovereign debtor has no attachable assets in the U.S., a judgment creditor can attempt to satisfy its judgment by seeking to have it recognized by a court in a foreign jurisdiction where the sovereign debtor has attachable assets.164 However, there is currently no enforcement mechanism available to compel foreign courts to recognize U.S. judgments.165 Because the United States is not currently a signatory to any treaty or convention guaranteeing the recognition and enforcement of its judgments abroad,166 a judgment creditor seeking to enforce its judgment in another country is at the mercy of that country\u2019s domestic laws and \u201cthe principles of comity, reciprocity and res judicata. Although NML ultimately prevailed in the U.K., it took nearly five years and an appeal all the way to the U.K. Supreme Court.195 This substantiates the point that enforcement campaigns in foreign courts are often rife with great difficulty and uncertainty, and thus should not be embarked on haphazardly.196 Second, these proceedings demonstrate that despite the potential obstacles that await, attempting to have a judgment enforced in a foreign court can be a valid option,197 especially where all other enforcement options available under the FSIA have been exhausted.", "mime": "application/pdf"}, {"id": "iiclr-20786", "words": "15076", "extension": ".pdf", "flesch": "50", "author": "Steeb, Emily", "title": "The Gift of Life: Can the Organ Procurement Philosophies from Spain and Iran Help Eliminate the Organ Shortage in the United States?", "date": "2015", "keywords": "consent; donation; donors; gift; individuals; iran; living; organ; organ donation; organ procurement; organ shortage; potential; procurement; shortage; spain; states; supra note; transplant; transplantation; united; united states; waiting", "summary": "Additionally, through further communication with the media, OPOs should be able to dispel any myths about organ donation currently preventing individuals from becoming organ donors, while at the same time providing the necessary information required for individuals to choose altruistic donation. Part II discusses the difference between the various types of organ donors, the causes of the escalating organ shortage, and the inevitable consequences of this escalation.", "mime": "application/pdf"}, {"id": "iiclr-20787", "words": "15663", "extension": ".pdf", "flesch": "56", "author": "Wilson, Mallory", "title": "Voter Photo ID Laws: Using Primary Source Election Turnout Data and Foreign Examples to Identify the Proper Mechanisms for Implementation", "date": "2015", "keywords": "burden; card; court; d laws; election; fraud; general; georgia; government; identification; indiana; kansas; note; people; photo identification; states; turnout; united; united states; voter photo; voter turnout; voters; voting", "summary": "Furthermore, complete elimination of costs imposed by voter ID laws should not be a requirement and the presence of some costs is not a legitimate criticism of voter photo ID laws. There are two main categories of voter ID laws\u2014strict vs. non-strict and photo vs. non-photo.31 A law is considered a photo ID law if the voter is required to present an ID containing a photograph of the voter.32 Non-strict non-photo ID laws require a voter to present some form of identification but do not require a photograph.33 Non-strict photo ID laws give a voter other options for casting a regular ballot.34 Strict photo ID laws require a voter to present a photo ID.35", "mime": "application/pdf"}, {"id": "iiclr-20862", "words": "16424", "extension": ".pdf", "flesch": "42", "author": "Arafa, Mohamed A.; Burns, Jonathan G.", "title": "Judicial Corporal Punishment in the United States?: Lessons from Islamic Criminal Law for Curing the Ills of Mass Incarceration", "date": "2015", "keywords": "amendment; crime; criminal; family; hudud; incarceration; individuals; inmates; islamic; islamic criminal; justice; law; note; offender; offenses; prison; punishment; rev; society; states; supra; supra note; system; u.s; united", "summary": "Specifically, incarceration meets the incapacitation purpose of criminal punishment much more effectively than does judicial corporal punishment as implemented in Islamic criminal law. And second, is incarceration really as effective as judicial corporal punishment in regard to the overlapping purposes of criminal punishment?", "mime": "application/pdf"}, {"id": "iiclr-20863", "words": "18545", "extension": ".pdf", "flesch": "36", "author": "Vian\u00e8s, Dr. Emmanuel", "title": "What is an International Post-Belligerent Administration?", "date": "2015", "keywords": "actor; administration; authority; conflict; doc; governance; international; int\u2019l; ipba; law; mission; nations; note; peace; post; powers; practice; public; sovereignty; state; status; supra; territorial; territory; u.n; united; united nations; war", "summary": "In addition, IPBA established by a U.N. resolution under Chapter VII beyond the scope of peace enforcement and peacebuilding is based on several components: 1) the powers of administration, including regulatory powers are transferred to international actors (i.e. the United Nations); 2) the international actors are engaged in the exercise of authority and administration in the interest of and for the benefit of the local population; 3) a superposition of several (at least two) legal orders is recognized, namely the domestic legal order and an international legal order, bringing some changes in the applicable law and imposing obligations on the domestic and international actors; 4) the institutional architecture of the territory is indirectly internationalized by the creation of international or mixed executive and/or judicial institutions (i.e. convergence of international and domestic staff ); 5) such territory has an international legal entity which is (very) limited by the international actors in charge of the international relations of the territory, which means that the two parts of the sovereignty, the exercise of jurisdiction and the sovereign 6 RALPH WILDE, INTERNATIONAL TERRITORIAL ADMINISTRATION: This dualism generally leads to the union of the territorial unit (spatial) and the legal personality of the state, despite the original difference between land ownership and administration (control and jurisdiction).26 For IPBAs, it happened that this concept was likened to that of \u201cinternationalized territory,\u201d considering that property rights derive from the right of administration, making an illusory link between the administration exercised by international actors in post-belligerency and sovereignty.", "mime": "application/pdf"}, {"id": "iiclr-20864", "words": "14015", "extension": ".pdf", "flesch": "49", "author": "Babcock, Paul T.", "title": "Impunity Rises from the Ashes?: The Extent of the Rome Statute's Jurisdiction in the Event of State Succession", "date": "2015", "keywords": "art; article; convention; court; crimes; human; international; int\u2019l; jurisdiction; law; rights; rights law; rights treaties; rome statute; state; state succession; supra note; treaties", "summary": "The required \u201cactual practice\u201d of states and the opinio juris for those actions support the conclusion that a rule of customary international law exists that in the event of State succession human rights 211 See North Sea Continental Shelf Cases, supra note 99. 215 See generally id. at 497-98 (2000) (explaining the importance to determining a specific subset of international law for international human rights law of the necessity of a narrow view of human rights treaties).", "mime": "application/pdf"}, {"id": "iiclr-20865", "words": "19968", "extension": ".pdf", "flesch": "50", "author": "Frye, Kristopher", "title": "Can the Common Core Counter Educational Inequity?: International Legal Lessons on Closing the Achievement Gap", "date": "2015", "keywords": "achievement; act; assessment; ccss; core; countries; curriculum; education; equity; federal; finland; international; korea; learning; national; oecd; performance; pisa; quality; reform; school; standards; state standards; states; students; supra note; systems; u.s; united", "summary": "\u201cA State that does not have challenging State content standards and challenging State student performance standards, in at least mathematics and reading or language arts, shall develop such standards within one year of receiving funds under this part after the first fiscal year for which such State receives such funds after the date of enactment of the Improving America's Schools Act of 1994.\u201d One stated purpose of President Clinton\u2019s Goals 2000 was \u201cto promote the development and adoption of a voluntary national system of skill standards and certifications,\u201d90 but states were ultimately incentivized to develop their own individual state standards.91 The Act also created the National Education and Standards Improvement Council (NESIC), a federal review board that provided comparative analysis of state standards against the voluntary national content standards.\u201d92", "mime": "application/pdf"}, {"id": "iiclr-20866", "words": "12290", "extension": ".pdf", "flesch": "45", "author": "Queen, Ellen M.", "title": "The Second Tier: Japan's Stagnation in the Fight Against Sex Trafficking", "date": "2015", "keywords": "human; japan; japanese; nations; note; persons; protocol; sex; sex trafficking; states; supra; supra note; tier; trafficking; united; victims; women", "summary": "It is particularly problematic that, due to low penalties and high monetary earnings, sex trafficking is, comparatively, a low-risk, high-profit business.5 1 Louise Shelly, International Trafficking, HUMAN SECURITY, TRANSNATIONAL CRIME AND HUMAN TRAFFICKING 135, 136-7 (Shiro Okubo & Louise Shelley eds., Rutledge 2011). THE SECOND TIER 565 For example, phrases such as \u201climited increase\u201d and \u201cmodest efforts\u201d made an appearance in comparable locations of the United States\u2019 Department of State\u2019s evaluation.194 Japan has stagnated in the Tier rankings because it has stagnated in government and police action against sex trafficking, and human trafficking in general.195 Also, the reform plan concerning human trafficking, with sex trafficking included, has languished in legislative limbo since 2009.", "mime": "application/pdf"}, {"id": "iiclr-20867", "words": "13264", "extension": ".pdf", "flesch": "53", "author": "Rabe, Jilian", "title": "Infringing on Investment: How One Company is Using Investment Protections of NAFTA to Save its Intellectual Property", "date": "2015", "keywords": "arbitration; canada; canadian; chapter; claim; eli; eli lilly; investment; lilly; nafta; notice; patent; pharmaceutical; property; states; supra note", "summary": "It will also compare the difference between the interpretation of Canadian patent laws and their international counterparts, as one of the allegations is that Eli Lilly could not have been expected to anticipate such a strong departure from international norms when it the patents were first accepted.25 Canadian patent laws had to be amended dramatically to reach the heightened standards for protection negotiated with the United States and Mexico.231 In compliance with 1703,232 the Canadian legislature has not significantly amended its patent laws in this respect since NAFTA was signed.", "mime": "application/pdf"}, {"id": "iiclr-20955", "words": "2526", "extension": ".pdf", "flesch": "59", "author": "Davis, Cameron", "title": "Great Lakes Natural Resource Governance Symposium: The Good Governance Watershed", "date": "2013", "keywords": "action; good; governance; lakes; plan; science", "summary": "In contrast, poor Great Lakes governance is comprised of decisions that benefit the health and prosperity of one or more generations over the health and prosperity of other generations. In close to three decades of doing Great Lakes work, I have seen how it is all too easy to rely on reading a quick headline or focusing on a single issue to judge whether our system of decision-making is effective.", "mime": "application/pdf"}, {"id": "iiclr-20956", "words": "24140", "extension": ".pdf", "flesch": "69", "author": "Dellapenna, Joseph W.", "title": "Changing State Water Allocation Laws to Protect the Great Lakes", "date": "2013", "keywords": "app; cal; code; compact; court; dellapenna; doctrine; envtl; great; l. rev; lakes; lakes states; lakes water; law; michigan; new; ohio; p.3d; permit; property; public; resources; rev; rights; riparian; riparianism; state; state water; statute; supra note; trust; trust doctrine; u.s; use; water; water law; water resources; water rights; water use; watershed; withdrawals", "summary": "See Robert W. Tubbs, Comment, Great Lakes Water Withdrawal: Federal Authority over Great Lakes Water, 3 DET. BAR J. 397 (1985); Robert W. Tubbs, Comment, Great Lakes Water Withdrawal: Federal Authority over Great Lakes Water, 3 DET.", "mime": "application/pdf"}, {"id": "iiclr-20957", "words": "4831", "extension": ".pdf", "flesch": "59", "author": "Davis, Mark S.", "title": "At the Borders--The New Horizons of Water Management and Water Law", "date": "2013", "keywords": "boundaries; law; management; new; people; resources; rights; river; state; u.s; united; water", "summary": "Water law is basically about continuity, predictability, and controlling freshwater so it can be used to some property owner's or community's advantage. But water law traditionally is very much about those things.", "mime": "application/pdf"}, {"id": "iiclr-20958", "words": "11583", "extension": ".pdf", "flesch": "56", "author": "Atlin, Cole", "title": "Aquatic Invasive Species and the Evolution of Canadian and U.S. Ballast Water Regulations in the Great Lakes--Rowing in Tandem or Muddying the Waters?", "date": "2013", "keywords": "act; ballast; ballast water; canada; invasive; lakes; lawrence; new; note; regulations; seaway; ships; species; state; supra; supra note; treatment; vgp; water; york", "summary": "I will also outline ballast water regulations, and the loophole present for ships carrying little ballast water in the regulations of both countries, and examine the US case from 2005 that enabled ballast water to be viewed as a pollutant under the Clean Water Act. However, the International Marine Organization (IMO) developed a new ballast water treaty called the International Convention for the Control and Management of Ships' Ballast Water and Sediments (BWM) in 2004.60 It addresses both the responsibility of domestic and regional fleets to do no harm, and the need to create ballast water regulations within a country's domestic waters.", "mime": "application/pdf"}, {"id": "iiclr-20959", "words": "8650", "extension": ".pdf", "flesch": "59", "author": "McKenzie, Scott", "title": "Laurentian and African Great Lakes--Different Strategies in the Fight Against Invasive Species", "date": "2013", "keywords": "act; african; ecosystem; environmental; invasive; lakes; laurentian; management; policy; species; states; supra note; victoria; water", "summary": "The management of water and fisheries in the African Great Lakes has similar problems addressing invasive species.' Invasive species have been labeled as the second biggest cause of species endangerment and extinction.", "mime": "application/pdf"}, {"id": "iiclr-20960", "words": "8348", "extension": ".pdf", "flesch": "60", "author": "Schroeck, Nicholas J.", "title": "Hydraulic Fracturing and Protections of Freshwater Resources in the Great Lakes State", "date": "2013", "keywords": "comp; extraction; fracturing; gas; government; health; hydraulic; laws; mich; michigan; oil; public; regulation; state; water", "summary": "The key to whether a fracking ordinance would survive judicial scrutiny is whether it does not specifically target hydraulic fracturing but legislates more generally, because most oil and gas regulation is expressly preempted by the state.74 In Addison Twp. v. Gout, the Michigan Supreme Court held that while the legislature intended to preempt local regulation of wells (at least by townships, and likely also counties), the location and operation of pipelines was not so preempted.75 The Court left the door open by saying that it could find no intent that the legislature expressly intended to preempt all local regulation of the oil and natural gas industry. Therefore, the potential for local regulation by townships and other local units of government exists where the local law does not conflict with the express preemption in the ZEA.", "mime": "application/pdf"}, {"id": "iiclr-20962", "words": "9961", "extension": ".pdf", "flesch": "56", "author": "Benson, Reed D.", "title": "Environmental Issues in the Allocation and Management of Western Interstate Rivers", "date": "2013", "keywords": "basin; bureau; colorado; compact; court; endangered; esa; federal; interstate; klamath; platte; river; species; states; u.s; upper; water; western", "summary": "As Prof. Doug Grant, one of the leading authorities on interstate water compacts, wrote in 2003, [w]estern states are the main participants in water allocation compacts. The federal benefits typically were the funding and building of water development projects using interstate waters, projects that by common understanding were not likely to be funded by Congress absent agreement by the affected states regarding allocation of the interstate waters.23 In other words, the states were motivated to enter water compacts largely in hopes of securing authorization and funding for major federal water projects, and Congress delivered dozens of such projects in the middle part of the 20th century.24 20.", "mime": "application/pdf"}, {"id": "iiclr-20963", "words": "18088", "extension": ".pdf", "flesch": "47", "author": "Paisley, Richard K.; Henshaw, Taylor W.", "title": "If You Can't Measure It, You Can't Manage It: Transboundary Waters, Good Governance and Data & Information Sharing & Exchange", "date": "2013", "keywords": "article; arts; basin; commission; contracting; convention; cooperation; d. art; data; development; environment; exchange; information; int'l; international; management; member; member states; note; parties; pollution; protection; protocol; report; resources; river; sea; sharing; states; supra; transboundary; united; water", "summary": "The decision making and operational structure of EMWIS is independent of the Barcelona Convention structure, but its objectives include developing national water information systems and efforts to transfer know-how in the water sector.99 More specifically, the Protocol also provides that the Member States shall share, on a daily basis, water level data collected from key hydrometric stations at the following sites: (a) in Angola, Menongue on the Cuebe, Mucundi on the Cubango and Cuito Cuanavale on the Cuito; (b) in Namibia, Rundu and Andara on the Okavango; and (c) in Botswana, Mohembo on the Okavango.'99", "mime": "application/pdf"}, {"id": "iiclr-20964", "words": "11701", "extension": ".pdf", "flesch": "49", "author": "Warren, Gina S.", "title": "Hydropower: Time for a Small Makeover", "date": "2013", "keywords": "act; b.a; development; director; energy; facilities; federal; ferc; generation; hydropower; indiana university; j.d; law; law school; licensing; oflaw; potential; process; professor; projects; school; sites; state; state university; university; university law; university robert; university school; water", "summary": "GERALD L. BEPKO, Indiana University-Purdue University-Indianapolis Chancellor Emeritus, Indiana University Trustee Professor and Professor of Law. LL.B., University of Illinois College of Law; LL.M., Georgetown University Law School.", "mime": "application/pdf"}, {"id": "iiclr-21265", "words": "1745", "extension": ".pdf", "flesch": "38", "author": "Sullivan, Jr., Frank", "title": "Introduction to Panel Discussion: The Rome Statute: Opportunities and Challenges in Enforcement", "date": "2016", "keywords": "international; jurisdiction; law; panel; u.n; university", "summary": "4 E.g., the Nuremberg Tribunal established by the Agreement for the Prosecution and Punishment of the Major War Criminals of the European Axis, Aug. 8, 1945, 59 Stat. 1544, 82 U.N.T.S. 279; the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law in the Territory of the Former Yugoslavia Since 1991, Security Council Resolution 827, U.N. S.C.O.R, 48th Sess., 3175th mtg., U.N. Doc. S/RES/827 (1993); and the International Tribunal for the Prosecution of Persons Responsible for Genocide and Other Such Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwanda Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighboring States, Between January 1, 1994 and December 31, 1994, Security Council Resolution 955 (1994), U.N. S.C.O.R, 50th Sess., U.N. Doc.", "mime": "application/pdf"}, {"id": "iiclr-21266", "words": "9240", "extension": ".pdf", "flesch": "50", "author": "Dutton, Yvonne M.", "title": "Enforcing the Rome Statute: Evidence of (Non) Compliance from Kenya", "date": "2016", "keywords": "case; compliance; court; evidence; human; icc; kenya; kenyatta; note; prosecutor; rights; rome; states; statute; supra; treaty; violence", "summary": "This Article examines Kenya\u2019s relationship with the ICC for evidence of whether the ICC is effective at holding states accountable to their commitment to the Rome Statute and the stated goal of ending impunity for mass atrocities. This Article describes Kenya\u2019s commitment to the ICC and the subsequent ICC investigation into the Kenyan situation.", "mime": "application/pdf"}, {"id": "iiclr-21267", "words": "13652", "extension": ".pdf", "flesch": "59", "author": "Ford, Stuart", "title": "The ICC and the Security Council: How Much Support is There for Ending Impunity?", "date": "2016", "keywords": "action; china; court; darfur; doc; icc; mtg; note; record; security council; states; sudan; support; supra; supra note; united", "summary": "Implicit in the Russian position is a belief that the ICC should either be formally subordinated to the Security Council154 or that, at the very least, the ICC should defer to the Security Council\u2019s leadership.155 Not coincidentally, this would give Russia an effective veto over ICC action by virtue of its veto over Security Council action. Thus, there are sufficient votes to pass a Security Council resolution providing support to the ICC, if there were no permanent member veto.79 However, those who oppose Security Council action include Russia and China, both of whom wield the veto.80 As a result, the Security Council is paralyzed and will not take any action to support the ICC or pressure Sudan to cooperate.", "mime": "application/pdf"}, {"id": "iiclr-21268", "words": "13270", "extension": ".pdf", "flesch": "40", "author": "Brown, Ronald C.", "title": "FTAs in Asia-Pacific: \"Next Generation\" of Social Dimension Provisions on Labor?", "date": "2016", "keywords": "agreements; asia; dimension; economic; ftas; ilo; international; labor; labor provisions; labor rights; labor standards; new; pacific; partnership; provisions; rights; social; standards; states; tpp; trade; trade agreements; u.s; workers", "summary": "The Labor Advisory Committee (\u201cLAC\u201d), comprised of 19 American labor union leaders, strongly opposes the TPP69 as does the International Trade Union Confederation (\u201cITUC\u201d).70 The American Federation of Labor and Congress of Industrial Organizations (\u201cAFL \u2013CIO\u201d) shares the reluctance of the ITUC to rely on the agreements\u2019 promises, based on the US- Columbia LAP experience.71 Highlights of the TPP labor provision found in Chapter 1972, with its U.S. model language promoting ILO core labor standards, includes emphasis on not using labor standards for protectionist purposes73 or derogating from its labor standards.74 The TPP also calls for \u201cimpartial 67 Ronald C. Brown, Mega-Regionalism: TPP Labor Provisions: A Game Changer? [http://perma.cc/9MYJ-T7SE]. (explaining that while only four percent of trade agreements that entered into force between 1995 and 1999 included labor provisions, this rose to eleven percent between 2000 and 2004; whereas, between 2005 and 2013 about one third of all trade agreements that came into force included labor provisions, and by June 2013, of the 248 trade agreements that were in force (WTO), 58 contained labor provisions) (\u201cIn 34 out of those 58 existing trade agreements, the provisions are exclusively promotional, taking the form of cooperative activities between partner countries.)", "mime": "application/pdf"}, {"id": "iiclr-21269", "words": "26041", "extension": ".pdf", "flesch": "57", "author": "Peltz-Steele, Richard J.", "title": "Wrongs, Rights, and Remedies: A Yankee Romp in Recent European Tort Law", "date": "2016", "keywords": "action; app; apr; art; award; case; civ; claim; class; code; comp; court; damages; death; decision; defendant; discrimination; doctrine; e.g.; english; european; fault; ind; injury; institute; insurance; law; liability; life; loss; note; plaintiff; policy; public; recovery; remedies; rev; rights; state; supra; supra note; supreme; supreme court; tort; tort law; u.s; united; use; vehicle; vol; wrongs", "summary": "California law was amended in 1990 to be more permissive of child sex-abuse claims, allowing them until the plaintiff\u2019s twenty-sixth birthday, and a court in 1994 ruled the extension inapplicable to \u201cancillary\u201d negligence claims\u2014respondeat superior, negligent hiring, and negligent supervision\u2014against third parties to the abuse, namely the dance studio that employed the defendant instructor.148 Later, in 1998 and again in 2003, the legislature further relaxed the limitations period as to employers and supervisors.149 As to apportionment, U.S. courts in the comparative fault era have declined to effect liability allocation with intentional actors in the mix, because comparative fault is not a defense to intentional torts\u2014though the Restatement (Third), Apportionment cracks the door open to such mixing.150 Nevertheless, once comparative fault is properly implicated, most U.S. courts include empty chair in apportionment.151 Shifting an empty chair\u2019s liability allocation to the plaintiff when the chair is empty because of the plaintiff\u2019s procedural constraints comports with the rule that only innocent plaintiffs are preferred in liability reallocations for absent parties.152 147 Joseph M. Winsby & Elaine D. Walter, Applying the Statutes of Limitations in Institutional Childhood Sex Abuse Cases, FLA. The court calculated that the national minimum wage, an annual \u20ac10,500, multiplied by 3% permanent disability, and multiplied by 16 years\u2019 remaining work-life for the 48-year-old plaintiff, resulted in an award conveniently approximate to \u20ac5000.40 The Maltese delegate characterized the case as \u201ca missed opportunity\u201d to recognize non-pecuniary damages in civil liability.41 The default rule of U.S. tort law being to value a person in terms of his or her economic productivity, U.S. courts too have struggled to value homemaking fairly (at least since modern recognition of gender equality).", "mime": "application/pdf"}, {"id": "iiclr-21270", "words": "12751", "extension": ".pdf", "flesch": "47", "author": "Fuson, Bennett D.", "title": "An International Case for the United States Adopting a Qualified Privilege for Source Confidentiality", "date": "2016", "keywords": "american; branzburg; case; confidentiality; court; federal; freedom; information; journalists; law; note; press; privilege; reporter; rights; shield; source; states; supra; united", "summary": "DOJ subpoenas that actually seek confidential source information are even more rare, averaging only about one a year since 1991.\u201d). It further provides that the right \u201cdoes not constitute a duty, as the social communicator does not have the obligation to protect the confidentiality of information sources, except for reasons of professional conduct and ethics.", "mime": "application/pdf"}, {"id": "iiclr-21271", "words": "12976", "extension": ".pdf", "flesch": "46", "author": "Newell, Marjorie", "title": "Reservation as a Means of Reconciliation: A Comparative Analysis of the CEDAW and the Fundamental Tenets of the Vatican as Church and State", "date": "2016", "keywords": "catholic; catholic church; cedaw; church; city; city state; holy; mar; note; pope; rights; roman; state; supra; u.n; vatican; vatican city; women", "summary": "\u201d3 As of 2015, 189 parties had ratified or acceded to the CEDAW.4 The Holy See, the sovereign body of the Roman Catholic Church, is not a party to the Convention.5 This Note analyzes the CEDAW\u2019s intersection with the Vatican City State, Holy See, and Roman Catholic Church in order to ultimately illustrate that because of the Holy See\u2019s unique relationship to the Church, it cannot comport with the entirety of the CEDAW and maintain its religiosity simultaneously. Ratifying the CEDAW, but with specific reservations may reconcile their incompatibility and result in the implementation of efforts by the Vatican City State, Holy See, and Roman Catholic Church to achieve equality between women and men.", "mime": "application/pdf"}, {"id": "iiclr-21272", "words": "14212", "extension": ".pdf", "flesch": "49", "author": "Smith-Pastrana, Megan", "title": "In Search of Refuge: The United States' Domestic and International Obligations to Protect Unaccompanied Immigrant Children", "date": "2016", "keywords": "abuse; agreement; children; convention; crc; detention; flores; home; immigrant; immigration; international; law; minors; rights; settlement; supra note; system; u.s; united states", "summary": "Unaccompanied children are some of the most vulnerable migrants who cross our borders, and are in need of special protections appropriate for their situation. 15 This Note will focus specifically on the recent increase of unaccompanied children arriving to the U.S. from Mexico, El Salvador, Guatemala, and Honduras.", "mime": "application/pdf"}, {"id": "iiclr-21273", "words": "13593", "extension": ".pdf", "flesch": "52", "author": "Smith, Tyler J.", "title": "Kosher Babies: How Israel's Approach to IVF Can Guide the United States in Fighting Separation of Church and State Abuses", "date": "2016", "keywords": "babies; church; comp; constitution; court; discrimination; freedom; israel; ivf; kosher; law; laws; note; pregnancy; religion; religious; rev; rights; school; state; supra; system; vol", "summary": "First, the secular Jews that founded and first populated the State did not feel bound to Jewish religious doctrine or Jewish law despite identifying themselves as members of the Jewish religion.254 Second, in 1948 the need was strong for adopting a legal 246 Id. 247 In Israel, the relationship between church and state is not one of strict separation in theory and accommodation, as in the United States, or of division and cooperation, as in Germany.27 Instead, there is a formal unity between the church and state with a substantive division.28 People who are associated with a religion are subject to religious law when the issue involves an area that the Israeli law has authorized to be controlled by religious law.29 When someone is not associated with a religion, in those specific areas where religious law applies, they are considered to be self- governing.30 For example, because Israeli law does not currently allow civil marriage,31 \u201cthe only form of standard marriage that can take place in Israel is marriage through the religious courts of one of the recognized religious communities.\u201d", "mime": "application/pdf"}, {"id": "iiclr-21274", "words": "13205", "extension": ".pdf", "flesch": "46", "author": "Voskoboynik, Katherine", "title": "Clipping the Stork's Wings: Commercial Surrogacy Regulation and its Impact on Fertility Tourism", "date": "2016", "keywords": "baby; child; children; comp; countries; court; fertility; india; international; law; mortazavi; note; parentage; parents; rev; states; supra; supra note; surrogacy; surrogate; thailand; tourism", "summary": "Meanwhile, certain states \u201cimplicitly permit altruistic surrogacy\u201d because their legislation explicitly prohibits only commercial surrogacy.88 For example, Washington89 and Louisiana90 consider commercial surrogacy arrangements as void against public policy, while Kentucky91 and Nebraska 92 explicitly prohibit commercial surrogacy. However, in February 2015, Thailand\u2019s legislature enacted a law banning commercial surrogacy and forbidding foreigners from pursuing surrogacy in Thailand.", "mime": "application/pdf"}, {"id": "iiclr-21696", "words": "6377", "extension": ".pdf", "flesch": "55", "author": "Nagy, Csongor Istvan", "title": "Do European Union Member States Have to Respect Human Rights? The Application of the European Union's \"Federal Bill of Rights\" to Member States", "date": "2017", "keywords": "charter; commission; court; eu law; european; law; member; member states; rights; states; u.s; union", "summary": "See Bernhard Schima, EU fundamental rights and Member State action after Lisbon: putting the ECJ\u2019s case law in its context, 38 FORDHAM INT\u2019L L. J. 1097, 1113-1114 (2015). For the time being, the Supreme Court fully unified human rights law and states have no or very little margin of appreciation.", "mime": "application/pdf"}, {"id": "iiclr-21697", "words": "13994", "extension": ".pdf", "flesch": "63", "author": "Zand, Joseph", "title": "The Concept of Democracy and the European Convention on Human Rights", "date": "2017", "keywords": "app; article; convention; court; democracy; democratic; eur; european; european convention; freedom; h.r; law; note; party; rights; society; states; turkey; united", "summary": "[Vol. 27:15 judgments of the Court on Articles 10 and 11 respectively, as well as on merits of applications and ultimately through Article 17 which sets out \u201crestrictions on activities subversive of Convention rights,\u201d in decisions on admissibility. In this manner, Article 9 needs to be interpreted in light of other Convention rights, such as Article 11, the right of freedom of assembly and association.102 Consequently, interference with the rights stipulated in Article 9 may be examined not only as an infringement on the applicant\u2019s own religion or beliefs, but also as an indirect violation on the democratic fabric of society.103 In order to justify a restriction on Article 9, it must comply with the conditions specified in Article 9(2), which must be prescribed by law and be necessary in a democratic society in the interest of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.104 These specific \u201cinterests\u201d are more commonly referred to in the European jurisprudence as \u201clegitimate aims.", "mime": "application/pdf"}, {"id": "iiclr-21698", "words": "19160", "extension": ".pdf", "flesch": "43", "author": "'Arafa, Mohamed", "title": "The Tale of Post-Arab Spring in Egypt: The Struggle of Civil Society Against a Janus-Faced State", "date": "2017", "keywords": "activities; arab; art; associations; civil; democracy; development; egypt; egyptian; foreign; funding; government; groups; law; national; new; ngo law; ngos; note; organizations; public; rights; social; society; society organizations; spring; state; supra; supra note; work; world", "summary": "June 1, Germany's Federal Government Human Rights Commissioner Barbel Kofler expressed her concern about the law in a statement, saying, \u201cIt severely restricts rights and freedoms of civil society organizations\u201d). For instance, in the 1970s, Brazilian NGOs were important players in the groundswell of civil society forces pressing for political amnesty and opening the political floor for reconciliation and integration among several political and opposition groups in the society to participate in public life.61 Ultimately, NGOs have contributed to the struggle for democracy in many states and remained essential to their political development and their transition towards democracy.62 By serving as watchdogs, NGOs press for changes in state performance and, eventually, in developing an alternative set of perceptions and policies.63 In modern political theory, indigenous culture is often viewed as interfering with modern western democratic development; however, NGOs both foster democratic development and help preserve indigenous culture because NGOs have built-in mechanisms for the integration of GROs.64 It should be emphasized that civil society organizations are prerequisites in Egyptian democratic and social development due to the positive roles they play in Egypt across multiple sectors, including the rule of law, human rights, education, environment, spirituality, culture, etc.65 These various sectors should be broader, but that is to help make the argument that the current laws and practical challenges for civic groups detract so much potential for development 61.", "mime": "application/pdf"}, {"id": "iiclr-21699", "words": "17373", "extension": ".pdf", "flesch": "51", "author": "Byrley, Taylor C.", "title": "Selling Citizenship to the Highest Bidder: A Proposal to Reform the United States EB-5 Investor Visa Program", "date": "2017", "keywords": "benefit; capital; center; center program; citizenship; eb-5; economic; entrepreneurs; immigrant; immigration; investment; investor; investor program; investor visa; jobs; program; requirements; states; united; visa; visa program", "summary": "In addition to the United States EB-5 program, several other countries have also adopted similar programs to attract wealthy investors in order to gain economic benefit in exchange for visas.6 For example, investor visa programs can be found in Canada, the United Kingdom, and most recently in the Netherlands.7 The growing presence of these \u201cgold visas\u201d for the wealthy entrepreneur, as some opponents of the policies call them, suggests that this type of policy has substantial economic benefits. Due to the immense popularity of these programs in the European Union more countries are starting to adopt investor visa programs.", "mime": "application/pdf"}, {"id": "iiclr-21700", "words": "14211", "extension": ".pdf", "flesch": "53", "author": "Duncan, Matthew K.", "title": "Democracy Down Under: A Comparative Look at Australian and American Electoral Systems", "date": "2017", "keywords": "australia; candidates; congress; districts; elections; electoral; house; member; parties; party; percent; representatives; senate; states; stv; supra note; system; united; vote; voters; voting", "summary": "However, this is not to say that strategic voting does not occur under STV electoral systems. https://doi.org/10.1080/10361149950254 2017] DEMOCRACY DOWN UNDER 127 meet a considerably lower electoral threshold to win a seat.87 Due to the increased choices available under a multi-member system, STV systems are said to encourage higher turnout in elections.88 By expanding access to geographically dispersed groups, \u201cSTV proportional representation will increase the legitimacy of the electoral system.", "mime": "application/pdf"}, {"id": "iiclr-21726", "words": "22676", "extension": ".pdf", "flesch": "55", "author": "Gautam, Khagesh", "title": "The Unfair Operation Principle and the Exclusionary Rule: On the Admissibility of Illegally Obtained Evidence in Criminal Trials in India", "date": "2017", "keywords": "admissibility; amendment; article; case; court; criminal; evidence; evidence act; evidence law; fourth; india; justice; operation; operation principle; police; principle; rule; search; section; state; supreme court; u.s", "summary": "so it was laid down in the time of Henry IV.\u2020 - Justice Oliver Wendell Holmes ABSTRACT This article addresses the admissibility of illegally obtained evidence, as a matter of evidence law, in criminal trials in India. This article, for the first time, closely engages with the Unfair Operation Principle as a matter of evidence law.", "mime": "application/pdf"}, {"id": "iiclr-21727", "words": "6953", "extension": ".pdf", "flesch": "57", "author": "Murillo, Siobhan Elizabeth Stade", "title": "Fair or Fraud: Has the Protocol Amending TRIPS Flourished or Failed?", "date": "2017", "keywords": "access; africa; aids; countries; health; medicines; note; patent; public; south; supra; trips", "summary": "This leaves TRIPS member countries with two choices. Kaitlin Mara, Efficacy of TRIPS Public Health Amendment in Question at WTO, Intellectual Property Watch, Jan. 3, 2010, http://www.ip-watch.org/2010/03/01/efficacy-of-trips- public-health-amendment-in-question-at-wto/. 100.", "mime": "application/pdf"}, {"id": "iiclr-21728", "words": "16860", "extension": ".pdf", "flesch": "52", "author": "Astbury, Chrissy", "title": "How America's Solar Energy Policies Should Follow (and Stray) from Germany's Lead: Working Towards Market Parity Without Subsidies", "date": "2017", "keywords": "america; change; clean; cost; energy; energy generation; energy policies; fit; generation; germany; government; industry; law; market; note; percent; plan; policies; power; solar; sources; states; supra; supra note; technology; u.s; utilities; utility", "summary": "THE ROLE OF UTILITY-LEVEL FITS Sustainable and globally meaningful increases in solar energy generation can only be realized where solar energy reaches parity with fossil fuel generated energy.172 Solar energy is simply not as close to reaching market parity with fossil fuel generated energy as some would have the public believe.", "mime": "application/pdf"}, {"id": "iiclr-21729", "words": "13087", "extension": ".pdf", "flesch": "56", "author": "Greer, Carol J.", "title": "International Personality Rights and Holographic Portrayals", "date": "2017", "keywords": "amendment; celebrity; consent; court; digital; dignity; european; freedom; games; hologram; human; image; law; media; note; personality; personality rights; privacy; protection; publicity; right; supra note; u.s; use; video", "summary": "INTERNATIONAL PERSONALITY RIGHTS AND HOLOGRAPHIC PORTRAYALS CAROL J. GREER* I. INTRODUCTION Americans see privacy as a protection of liberty, while Europeans see it as a protection of dignity.1 When considering personality rights in the United States, the only consistent conclusion is that it is not clear.2 Personality rights in the United States (\u201cU.S.\u201d) are protected by a \u201cpatchwork\u201d of publicity and privacy torts, which overlap.3 Free speech is complicated by progressive technology, media sharing and converting, and the prevalent access to the internet, defeating the protection of the right of personality in the U.S. by increasing holes in the human rights of dignity, self-determination, and privacy.4 This Note identifies the lack of coverage for the right of personality for U.S. citizens and boldly proposes a partial constraint on the esteemed First Amendment. See Ardia, supra note 4 (\u201cthe Internet, after all, is available to anyone who wishes to connect to the network, and even the smallest blog or most esoteric discussion forum has the potential to reach hundreds of millions of people throughout the world.\u201d); The group of claims listed here is not inclusive and will be referred to as right of personality claims, personality torts, or right of personality state claims, among other variations; however, personality rights are http://doi.org/10.18060/7909.0052 https://doi.org/10.1093/ejil/chn043 248 INDIANA INT\u2019L & COMP.", "mime": "application/pdf"}, {"id": "iiclr-21730", "words": "14037", "extension": ".pdf", "flesch": "57", "author": "Mattingly, Francis X.", "title": "If You Don't Use It, You Lose It: What the U.S. Could Learn From France's Law on Out-of-Commerce Books of the 20th Century", "date": "2017", "keywords": "authors; books; copyright; digitization; france; google; holders; law; mass; orphan; orphan works; potential; register; rights; search; supra note; system; u.s; usco; use; works", "summary": "It states that the Directive has no effect on legislation recently enacted in member states that is aimed at providing a solution to the mass digitization issue as a whole.182 One of the main reasons behind the Directive\u2019s implementation is that because various countries across Europe had already been attempting to solve problems relating to orphan works using sometimes vastly different methods, access to orphan works across borders had become complicated.183 As such, the European Parliament believed that a uniform approach to the rules surrounding the use of orphan works was not only necessary, but it was best carried out at the Union level.184 It is noted, however, that the Directive only applies to works first published within the European Union in order to avoid any international conflicts, such as those exemplified in the attempted Google Books settlement.185 The Directive itself requires member states to enact legislation that brings each country\u2019s legal system into compliance with the articles of the Directive.186 Article 1 of the Directive limits its scope to books, journals, newspapers, magazines, other writings, and audiovisual works contained in the collections of libraries and other similar institutions and any public-service broadcasting audiovisual works published before January 1, 2003.187 Orphan works are defined in the Directive as those works for which either no rights holder is listed or no rights holder can be \u201clocated after a diligent search. This can potentially affect a wide range of users including commercial entities wishing to reissue books long since out of print, libraries and archives attempting to preserve certain works that may be forgotten or practically unavailable, and even individuals trying to make use of content found on the Internet.6 In response to these increasingly pervasive issues, countries across the globe have begun adopting legislation relating to orphan works and mass digitization.7 Attempted solutions have ranged from providing exceptions for certain uses to extended collective licensing (\u201cECL\u201d), whether carried out by the government or private entities.8 Currently, orphan works constitute a significant part of the literary heritage * B.A. Indiana University Bloomington, 2014; J.D. Indiana University Robert H. McKinney School of Law, 2017.", "mime": "application/pdf"}, {"id": "iiclr-22506", "words": "13009", "extension": ".pdf", "flesch": "53", "author": "Berkebile, Connor", "title": "The Puzzle of Whistleblower Protection Legislation: Assembling the Piecemeal", "date": "2018", "keywords": "act; bosnia; corruption; employee; federal; herzegovina; law; legislation; note; protection legislation; protections; report; states; u.s; united; whistleblower; whistleblower legislation; whistleblower protection; whistleblowing", "summary": "Overall, the piecemeal evolution of whistleblower protection legislation is a major problem in the U.S. framework and causes confusion in where to report and arbitrary differences in protections. V. RECOMMENDATIONS A. Unified U.S. Whistleblower Legislation The piecemeal evolution of whistleblower protection legislation in the U.S. is a major contributor to the U.S. deficiencies of underreporting and lack of adequate protections.", "mime": "application/pdf"}, {"id": "iiclr-22507", "words": "13929", "extension": ".pdf", "flesch": "52", "author": "Hyslop, Chelsea", "title": "Why Can't We All Just Get Along: How the U.S. and Netherland Governments Respond to Social Change -- The Transgender Community", "date": "2018", "keywords": "change; community; discrimination; drug; dutch; government; individuals; issues; law; laws; lgbtq; netherlands; note; people; rights; states; suicide; supra; supra note; transgender; transgender community; transgender individuals; united; united states; violence", "summary": "This Note focuses on the social issues surrounding transgender discrimination and how the laws of the United States and the Netherlands are addressing this discrimination. [Vol. 28:31 of servitude.20 Racism, much like transgender discrimination, stems from a process known as \u201cothering,\u201d in which people are classified based on perceived attributes that make up a group.21 Placing people into social and hierarchical categories based on these attributes allows society to \u201cjustify structures of inequality, differential treatment, and subordinate status,\u201d while still not providing for a solid understanding of what these categories actually mean.22", "mime": "application/pdf"}, {"id": "iiclr-22508", "words": "13635", "extension": ".pdf", "flesch": "51", "author": "McCreery, Elaine", "title": "Human Rights Obligations in Post-Disaster Haiti: Working Towards Increased Justice for Victims of Gender-Based Violence", "date": "2018", "keywords": "access; convention; discrimination; gender; government; haiti; haitian; human; iachr; justice; law; rape; report; rights; states; supra note; system; victims; violence; women; women report", "summary": "Even during good times, which seem few and far between for the disaster-racked nation, women and girls experience discrimination in the form of a misogynistic society.18 Persistent cultural beliefs and patriarchal values underlie the systemic oppression suffered by Haitian women and girls, and \u201cdiscrimination against women in Haiti is a widespread and tolerated phenomenon. [Vol. 28:63 provide adequate protection, sometimes refusing to pursue the attacker at all.154 Moreover, victim-shaming is a prevalent practice during investigations.155 Often, police officers harbor the \u201cinherent tendency to be suspicious of the allegations made by women victims of violence and the perception that such matters are private and low priority within the larger context of insecurity.", "mime": "application/pdf"}, {"id": "iiclr-22509", "words": "14383", "extension": ".pdf", "flesch": "55", "author": "Truchan, Stephanie", "title": "Rebuilding the Grid: A Transboundary Solution to Clean Energy Policy", "date": "2018", "keywords": "act; air; air act; canada; carbon; clean; clean air; climate; emissions; energy; environmental; epa; lakes; law; new; note; plan; plants; policy; power; power plan; section; sources; states; strategy; supra; supra note; united", "summary": "Specifically, the analysis scrutinizes the federal pressure to quickly adopt green technologies and energy sources, even though state infrastructure may be incapable of adequately handling these new technologies. New Brunswick and Ontario have diverse mixes of energy sources, including renewables, natural gas, and nuclear power.).", "mime": "application/pdf"}, {"id": "iiclr-22510", "words": "14047", "extension": ".pdf", "flesch": "56", "author": "Tweedy, Jaclyn", "title": "Social Insecurity: A Proposal to Reform the United States Social Security Retirement System", "date": "2018", "keywords": "age; americans; benefits; cpf; der; fund; government; income; pension; percent; reform; retirement; retirement system; security; security retirement; singapore; states; supra note; swiss; switzerland; system; tax; united; united states", "summary": "As early as 1939, Congress amended the Social Security Act to include survivors\u2019 benefits to the spouse and minor children of the worker.124 Benefits were not adjusted for inflation until 1950 when Congress passed legislation allowing for cost of living adjustments (COLAs).125 The enactment of COLAs significantly increased benefits paid to retirees since the amount of benefits had not been adjusted since the program commenced payments in 1942, and inflation rates were high in the 1940s during and following World War II.126 As early as the 1970s, it was clear that the Social Security program did not generate enough revenue to provide for all of its beneficiaries.127 Congress passed the first legislation to correct sustainability problems in 1977.128 Through that amendment, the payroll taxes were increased, the wage base was increased, benefits were slightly reduced, and wages and COLAs were to adjust independently.129 These amendments increased Social Security\u2019s financial shortfalls for the next fifty years.130 The last major amendments to Social Security retirement were enacted in 2000, when Congress, in a bipartisan effort, repealed the requirement that set a limit on how much money retirees could earn while receiving retirement benefits.131 Since the repeal of the retirement earnings test, retirees no longer have to be \u201csubstantially retired\u201d in order to receive benefits.132 III. SOCIAL INSECURITY: A PROPOSAL TO REFORM THE UNITED STATES SOCIAL SECURITY RETIREMENT SYSTEM JACLYN TWEEDY* I. INTRODUCTION The United States of America faces a retirement crisis in the wake of the depleting trust fund that supports Social Security retirement benefits.1 Without reform, the Old-Age, Survivors, and Disability Insurance (OASDI) Trust Fund will be unable to support full payment of benefits sometime between 2033 and 2037.2 The trust fund depletion is attributed to the retirement of the baby boom generation.3 Through 2037, OASDI pay outs are expected to increase more rapidly than noninterest income because the number of beneficiaries will increase more quickly than the number of American workers.4 As a result, only 78% of scheduled benefits will be able to be paid on time after 2034.5 The most recent legislative proposals for reform would still be inadequate to guarantee full payment of benefits to eligible, retiring Americans after 2034.6 Depletion of the OASDI Trust Fund is problematic, because many Americans have failed to adequately save for retirement, instead expecting the United States government to shoulder the burden of retirement through the Social Security Administration and Medicare programs.7 Without the Social Security retirement benefits, many Americans will have inadequate funds to quit working before their death.8 Under the current retirement scheme of the Social Security * J.D. Candidate, 2018, Indiana University Robert H. McKinney School of Law; B.A., cum laude, 2010, Economics and Political Science, Hanover College.", "mime": "application/pdf"}, {"id": "iiclr-22887", "words": "14924", "extension": ".pdf", "flesch": "48", "author": "Browne, M. Neil; Kubasek, Nacy; Rex, Justin; Horton, Robert", "title": "Commercializing Children: Laws and Regulations Affecting Advertisements Directed at Children in France, Spain, and Sweden", "date": "2018", "keywords": "act; advertisements; advertisers; advertising; alcohol; children; consumer; food; france; french; government; health; law; marketing; note; practices; products; public; regulation; review; rights; self; social; spain; states; supra; sweden; swedish; television; united", "summary": "This directive was passed by the EU in an attempt to standardize the meaning of unfair business practices throughout its borders to prevent confusion.191 On the other hand, even though advertising directed at children is by law prohibited on Swedish television, such restrictions do not apply to satellite media channels, such as television programs broadcasted from the United Kingdom.192 Since the UK does not have laws concerning child-directed advertising as Sweden, Swedish children will be exposed to marketing in television when they watch UK broadcasts.193 When it comes to the private advertising regulation, the Swedish Advertising Ombudsman takes its cue from the ICC much like the Spanish Autocontrol.194 The Swedish Advertising Ombudsman is also part of the European Advertising Standards Alliance (EASA).195 The EASA is a network of forty-one organizations that represent advertising standards from twenty-seven different countries.196 These interconnected and wide spanning institutions devote resources to promoting not just high advertising standards, but also push for self-regulation over public regulation.197 191. See Benbenishty, Rami, Bilha Davidson-Arad, M\u00f3nica L\u00f3pez, John Devaney, Trevor Spratt, Carien Koopmans, Erik J Knorth, Cilia LM Witteman, Jorge F Del Valle, and David Hayes, Decision Making In Child Protection: An International Comparative Study On Maltreatment Substantiation, Risk Assessment And Interventions Recommendations, And The Role Of Professionals\u2019 Child Welfare Attitudes, 49 CHILD ABUSE & NEGLECT 63 (2015). 106.", "mime": "application/pdf"}, {"id": "iiclr-22888", "words": "11269", "extension": ".pdf", "flesch": "51", "author": "Hall, Colten W.", "title": "Sound the Shofar in Luxembourg: Cross-Border Recognition of Same-Sex Spouses in the European Union and Israel's Ben Ari v. Director of Population Administration", "date": "2018", "keywords": "citizens; court; directive; eec; european; european union; family; law; marriage; member; member states; movement; rights; sex; sex marriage; states; union", "summary": "In Spain, under national law, same-sex marriage is legally recognized and married couples enjoy all the rights as their heterosexual counterparts.110 Additionally, same-sex partners from other EU Member States currently find no additional burdens imposed when attempting to relocate to Spain if utilizing their right to freedom of movement of workers\u2019 family members.111 The same cannot be said for Spaniards relocating to Member States that do not recognize same-sex relationships.112 The current legal apparatus that same-sex spouses face in their relocation within the Union provides for severe inequalities for gay and lesbian Europeans.113 Looking again at Roberto and Miguel, we can see an example of this inequity. B. The European Context Opponents of an inclusive free movement of workers\u2019 family members that includes and protects the rights of same-sex spouses largely point to two specific arguments: the ability of all gay and lesbian EU citizens to individually exert their right to free movement, and the exclusive competence of EU Member States to legislate in the area of family law.", "mime": "application/pdf"}, {"id": "iiclr-22889", "words": "10276", "extension": ".pdf", "flesch": "53", "author": "Le Roux-Kemp, A.", "title": "Forensic DNA Databases in Hong Kong and China: A BRICS Comparative Perspective", "date": "2018", "keywords": "analysis; china; crime; database; dna; dna databases; dna profiles; forensic; hong; kong; law; loci; national; profiles; profiling; regard; samples; supra note", "summary": "[Vol. 28:221 Given that Hong Kong indicated the use of various marker systems, it is unclear with how many of the CODIS markers the profiles stored on the Hong Kong database correspond.116 In contrast to this incongruence which hampers cross- border collaboration, South Korea has signed a bilateral agreement with the United States and New Zealand and is currently discussing the possibility of a bilateral agreement with the United States for cross-border collaboration in the sharing of DNA database data.117 The differences in the number and choice of loci of the DNA profiles stored on national Forensic DNA Databases therefore impact on the potential compatibility and sharing of information on a global scale.118 This is particularly important given the globalized nature of criminality and the potential role that Forensic DNA Databases can play in curbing transnational crime. Within a decade of the first successful case in which DNA profiling was used to clear one suspect and bring the real perpetrator to justice, authorities created (and subsequently expanded) databases of criminal offenders\u2019 DNA profiles.46 While DNA profiling can therefore assist in identifying a person or excluding a person if the DNA profiles don\u2019t \u201cmatch,\u201d the development of Forensic DNA Databases has further expanded the application of DNA in criminal justice practice by way of generating investigative leads.", "mime": "application/pdf"}, {"id": "iiclr-22890", "words": "12399", "extension": ".pdf", "flesch": "59", "author": "Pham, Christine", "title": "A Digression in Our Advancing Society: A Lack of Protection and Consideration for Modern Families", "date": "2018", "keywords": "care; children; employees; family; leave; new; note; parental; parents; percent; policies; states; supra; time; united; women; work; working", "summary": "The Institute for Women\u2019s Policy Research conducted a research study showing the contributions of paid leave policies to economic growth.239 The study shows that paid family leave may increase labor force participation, increased fertility rates, increased likelihood of return to work after childbirth, improvement on employee morale, and improvement on family incomes.240 The legislation securing paid leave could relieve employees of their fears and concerns with job security. Paid leave is correlated with stronger labor force attachment and receiving low levels of public assistance in the year after the birth of their child.241 Women who reported taking paid leave after childbirth were more likely to be working nine to twelve months later compared to women who did not take leave at all.242 Additionally, women who took paid leave were forty percent less likely to be receiving food stamps and thirty-nine percent less likely to receive forms of public assistance in the year after the birth of a child than a woman who returned to work without taking any form of leave.243 A concept that United States policymakers have grappled with is free childcare and education.", "mime": "application/pdf"}, {"id": "iiclr-22940", "words": "26178", "extension": ".pdf", "flesch": "54", "author": "Daniel, Justin S.", "title": "Operational Diplomacy: Jurisdiction Certification and the Maritime Drug Law Enforcement Act", "date": "2019", "keywords": "case; certification; cir; clause; coast; coast guard; congress; court; department; foreign; government; guard; international; jurisdiction; law; mdlea; power; question; states law; states v.; u.s; united states; vessel", "summary": "The Act also applies to persons onboard United States vessels, and to a person onboard \u201cany other vessel if the individual is a citizen of the United States or a resident alien of the United States.\u201d If a defendant could waive or forfeit the requirement regardless of the interests of a foreign nation whose prerogatives may be directly at stake, application of the MDLEA could engender considerable tensions in foreign relations.293 A sister provision in the MDLEA provides that defendants may not invoke alleged violations of international law as a defense.294 In Miranda, the D.C. Circuit considered that provision to bolster its conclusion that the Act\u2019s vessel- jurisdiction requirement should be treated as one of subject-matter jurisdiction.295 Additionally, the MDLEA notably treats United States vessels differently.296 Rather than lumping United States vessels in with the other enumerated categories of \u201cVessel[s] subject to the jurisdiction of the United States\u201d in \u00a7 70502(c), United States vessels are discussed in the separate \u00a7 70502(b).", "mime": "application/pdf"}, {"id": "iiclr-22941", "words": "18677", "extension": ".pdf", "flesch": "45", "author": "Egede, Edwin E.; Apaalse, Lawrence", "title": "Dispute Concerning Delimitation of the Maritime Boundary Between Ghana and Cote d'Ivoire in the Atlantic Ocean--Lessons from Another Maritime Delimitation Case Arising from the African Region", "date": "2019", "keywords": "african; agreement; boundary; case; chamber; continental; cote d\u2019ivoire; decision; delimitation; delimitation case; dispute; evidence; ghana; international; itlos; law; maritime; note; parties; sea; states; supra", "summary": "As regards maritime delimitation cases, we see that the Court indicated in the North Sea Continental Shelf Cases that estoppel could be applied in such cases in the international sphere. [Vol. 29:55 Union (AU) Assembly urged the AU Commission to pursue efforts at prevention of conflicts, by promoting peaceful delimitation and demarcation of such borders, including through the implementation of the AU Border Programme (AUBP), which was established in 2007 as an outcome of the decision of the Assembly.9 The AUBP, which has been described as \u201can epoch-making development in African international law and international relations\u201d aims to finalise the delimitation of both land and maritime boundaries, as well as the demarcation of land boundaries,10 with a rather ambitious deadline to do so, initially set at 2012 then extended to 2017, but now further extended to 2022.11 It has had rather limited success in settling maritime delimitation disputes amongst African States,12 and appears to have been rather inconspicuous in its involvement in a number of maritime boundary dispute settlement processes in Africa, including that of Ghana/Cote d\u2019Ivoire.", "mime": "application/pdf"}, {"id": "iiclr-22942", "words": "15937", "extension": ".pdf", "flesch": "61", "author": "Pouser, Parker B.", "title": "Frasca v. NCL: The \"Degree of Slipperiness\" Application Destroys the Open and Obvious Defense in Cruise Ship Slip and Fall Litigation", "date": "2019", "keywords": "11th; admiralty; case; circuit; condition; court; cruise; deck; degree; district; eleventh; florida; frasca; law; ltd; maritime; ncl; ship; standard; state; u.s; uniformity", "summary": "Moving out of the international realm, U.S. maritime law has seen standardization internally through the passing of a number of maritime related statutes.208 The U.S. set uniform rules on the administration of maritime tort law relating to maritime workers, including the Jones Act, LHWCA, and the DOHSA.209 This federal unification in the protection of maritime workers may be due to the fact that the United States views maritime workers as unusually defenseless, and thus, similar to wards of the state. Frasca\u2019s potentially far-reaching implications form a critical point within maritime law not only for multinational cruise ship defendants, but also for the passengers sailing these vessels every year.", "mime": "application/pdf"}, {"id": "iiclr-22943", "words": "13515", "extension": ".pdf", "flesch": "54", "author": "Ayer, Jessica J.", "title": "Military Extraterritorial Jurisdiction Act: International Implications and Prosecutorial Considerations", "date": "2019", "keywords": "attorney; case; civilians; contractors; court; crime; dod; doj; extraterritorial; jurisdiction; meja; military; note; prosecution; state; supra; supra note; u.s", "summary": "INTERNATIONAL IMPLICATIONS AND PROSECUTORIAL CONSIDERATIONS JESSICA J. AYER* I. INTRODUCTION In 1953, Mrs. Clarice Covert murdered her husband, Master Sergeant Edward Covert, with an ax while he slept at their home on an airbase in England.1 She admitted to murdering him because he drank to excess, gambled, and caused numerous financial difficulties.2 Mrs. Covert was released from prison on habeas corpus because the United States did not have authority to prosecute military dependents who committed a crime outside of the territorial U.S.3 In 1996, Mr. Milton Gatlin, the husband of Sergeant Gail Taylor, sexually abused his step-daughter while they were living on a military installation in Germany.4 Soon after returning to the U.S., the 13-year-old step-daughter gave birth to a child, and a subsequent genetic test confirmed that the step-father was responsible.5 The step-father was immune from prosecution due to the lack of U.S. jurisdiction outside of the territorial U.S.6 In 2003, U.S. contractors working on behalf of the Department of the Interior (DOI) assigned as guards at the U.S. Army Abu Ghraib Detention Center * J.D., 2019 (expected), Indiana University Robert H. McKinney School of Law; B.A., 2016, Franklin College. An example is the Nisour Square case.163 In 2007, U.S. contractors working on behalf of the Department of State (DOS) approached 154.", "mime": "application/pdf"}, {"id": "iiclr-22944", "words": "13984", "extension": ".pdf", "flesch": "55", "author": "Schilb, Veronica J.", "title": "From Fear to Freedom: The Inclusion and Rights of Female Victims of Conflict in Peace Negotiations and Agreements", "date": "2019", "keywords": "accord; africa; agreement; colombia; conflict; countries; freedom; groups; human; international; ireland; justice; law; northern; northern ireland; peace; rights; south; south africa; supra note; victims; women", "summary": "Inclusion of Women International law encourages the participation and inclusion of women in the peacemaking process through UN Security Council Resolution 1325.293 Women were directly involved in the peacemaking processes in both Northern Ireland and Colombia.294 This involvement of women reflects the admonition of international law to include women peace talks to encourage the incorporation of policies that deal with their specific needs after conflicts end.295 In South Africa, women were involved more so after the peace agreement was reached. Women may become the sole caregivers of their children, change their occupations, be displaced from their residences, be victims of violence themselves, and suffer from mental and emotional trauma.17 Given the unique experiences of women in civil conflicts, tailoring subsequent peace agreements and domestic law to address not only the practical matters, but also accounting for the specific harms faced by female victims of conflict, has become part of rebuilding societies after war.18 Colombia is one example of this movement toward specific inclusion of victim\u2019s rights in peace accords.", "mime": "application/pdf"}, {"id": "iiclr-22945", "words": "13862", "extension": ".pdf", "flesch": "58", "author": "Zierk, Klara A.", "title": "The Real Antidote: A Critical Review of U.S. and Canadian Drug Treatment Courts and a Call for Public Health Prevention Tools as a Solution to the Opioid Epidemic", "date": "2019", "keywords": "abuse; addiction; canada; courts; crisis; deaths; drug; drug courts; drug treatment; epidemic; health; law; michigan; note; offenders; ontario; opiates; opioid; overdose; pain; people; prescription; programs; public; review; supra note; treatment; u.s; use", "summary": "But even in Canada, most drug treatment courts have done a poor job of addressing participants\u2019 needs by insisting upon abstinence only programs.297 Canadian drug courts should expand their treatment programs to include long-term drug-assisted maintenance that provides transition to CAMH treatment options even after drug court treatment ends. Inherently, drug treatment courts have deficiencies regarding the health needs of client participants and have not meaningfully reduced client participants\u2019 chances of imprisonment.298 A key problem with drug treatment courts is that little is known about the nature of the courts\u2019 substance abuse treatment programs, including their policies and how decisions are made during the whole process.299 The issue is not whether drug courts do good works for people, but whether their proliferation promotes good social and health policy, at least in comparison to other available approaches to addressing drug use.300 Drug treatment do not provide that many benefits over incarceration.301", "mime": "application/pdf"}, {"id": "iiclr-23323", "words": "12555", "extension": ".pdf", "flesch": "46", "author": "Martin, Jena", "title": "It's Complicated: The Challenge of Prosecuting TNCs for Criminal Activity Under International Law", "date": "2019", "keywords": "abuses; business; challenges; comp; corporation; court; crimes; criminal; human; icc; instance; international; int\u2019l; issues; law; liability; note; principles; rights; state; supra; tncs; u.s", "summary": "Given the development of a business and human rights treaty (see infra note 49) many scholars, in fact, have specifically stated that issue of corporate criminal liability should be handled within such a treaty. Another specific issue that, while outside the scope of this essay is nonetheless worth mentioning, is the significant issue of trying to develop a cohesive jurisprudential model for corporate criminal liability when there are so many distinct legal doctrines (i.e., common law, civil law, Sharia law) that would need to be addressed. 2019] IT\u2019S COMPLICATED 231 constitutional rights, while limiting accountability for the entity as a whole.53 Both of these trends seem to arise from imbuing corporations with legal personality.", "mime": "application/pdf"}, {"id": "iiclr-23324", "words": "30809", "extension": ".pdf", "flesch": "53", "author": "Mitchell, Ryan", "title": "International Law as a Coercive Order: Hans Kelsen and the Transformations of Sanction", "date": "2019", "keywords": "authority; case; charter; comp; council; custom; force; general; grundnorm; hans kelsen; icc; idea; immunity; indiana; int\u2019l; justice; kelsen; law; law review; norms; order; pacta; principle; pure; rule; sanction; security; states; supra note; system; theory; vol; war; world", "summary": "INTERNATIONAL LAW AS A COERCIVE ORDER 261 sabotaging international law, it was also poisonous for democracy and for human individuality, as he muses in a passage invoking Nietzsche\u2019s Thus Spoke Zarathustra: [I]t is a fiction when the unity, which the state legal order fashions out of the multiplicity of human actions, poses as a \u2018popular body\u2019 by calling itself the \u2018People.\u2019 INTERNATIONAL LAW AS A COERCIVE ORDER 289 V. THE SECOND GRUNDNORM AND CONTEMPORARY LEGAL DEBATES A. Defining the Permissible Scope of Sanction In rebuilding his theory of international law on the basis of retroactive customary endorsement of acts of sanction, Kelsen provided a way to theorize the centralization of the international system.", "mime": "application/pdf"}, {"id": "iiclr-23325", "words": "32143", "extension": ".pdf", "flesch": "55", "author": "Van Detta, Jeffrey A.", "title": "Suing Sponsors of Terrorism in U.S. Courts: Rubin v. Islamic Republic of Iran and Jesner v. Arab Bank, PLC: SCOTUS Trims to Statutory Boundaries the Recovery in U.S. Courts Against Sponsors of Terrorism and Human-Rights Violations Under FSIA and ATS", "date": "2019", "keywords": "action; arab; assets; ats; bank; case; circuit; claims; congress; corporations; court; district; federal; foreign; fsia; government; immunity; indiana; international; int\u2019l; iran; jesner; judge; judgment; judicial; justice; kiobel; law; liability; new; plaintiffs; property; republic; review; section; sovereign; sponsors; state; statute; supreme; terrorism; tort; u.s; united; united states", "summary": "The Flotsam and Jetsam of the ATS After It Foundered in Jesner Scanning the judicial horizon of reported cases since Jesner reveals a number of ATS cases that could eventually be headed towards certiorari \u2014 and, if certiorari were granted, that would give the Supreme Court the opportunity to complete the work begun in Jesner \u2013 i.e., deciding either (1) whether the circumstances of domestic corporations make their amenability to suit as ATS defendants plausible despite Jesner\u2019s exclusion of foreign corporations, or (2) to take the even bigger step, advocated by Justices Thomas, Alito, and Gorsuch in Jesner, of putting the judicial pen through the heart of Sosa. This was the doctrine of absolute sovereign immunity, which began to erode in the mid-20th century with the enactment of domestic sovereign-immunity limited waiver laws such as the Federal Torts Claims Act.11 One of the principal causes of the erosion of sovereign immunity doctrine, particularly in the United States and Europe, was the \u201crestrictive theory\u201d of sovereign immunity.12 That theory views sovereign immunity as extended to \u201ctruly sovereign\u201d and \u201cpublic\u201d acts by a government but not to \u201cprivate\u201d or \u201ccommercial\u201d activities.13 Since the days of the Marshall Court, the federal courts had accepted the notion that U.S. courts had no jurisdiction over foreign sovereigns because of the sovereign immunity doctrine in international law.14 However, with changes in the view of sovereign immunity \u2013 and with the global havoc wreaked by some of the sovereigns in World War II \u2013 the U.S. State Department looked anew at sovereign immunity in a 1952 study by then-legal advisor, Jack Tate, who encouraged the State Department to embrace the restrictive theory and to make \u201csuggestions\u201d of sovereign immunity (or lack thereof) to American courts (i.e., filing briefs stating the State Department\u2019s position on sovereign immunity in any given case) based on the 9.", "mime": "application/pdf"}, {"id": "iiclr-23326", "words": "8216", "extension": ".pdf", "flesch": "59", "author": "Yalowitz, Kent A.", "title": "The Constitutional Power of Congress to Provide for Extraterritorial Jurisdiction in Civil Anti-Terrorism Matters", "date": "2019", "keywords": "act; amendment; appropriations; co.; congress; court; jurisdiction; plo; power; pub; states; terrorism; u.s; united", "summary": "improperly cabins the broad constitutional authority of Congress to legislate extraterritorially for the protection of U.S. interests in the areas of foreign affairs and national security. However, recent decisions by federal courts brought by U.S. citizens injured in international terror attacks have drawn into question the extent of that power.", "mime": "application/pdf"}, {"id": "iiclr-25062", "words": "13984", "extension": ".pdf", "flesch": "47", "author": "Nottingham, Kara D.; Cardozo, Izabel", "title": "The Role of International Consumer Policy in Fostering Innovation and Empowering Consumers to Make Informed Choices", "date": "2021", "keywords": "businesses; case; consumer protection; consumers; court; expression; freedom; guidelines; health; human; information; international; law; policy; products; protection; public; right; speech; states; united", "summary": "This demonstrates direct acceptance of consumer rights at an international level, and sets a framework to encourage governments to promote consumer protection in the areas of consumer information, choice, and education.25 These two fundamental principles, the right to information and the concept of autonomy (or the right to make informed choices), are embedded in the modern notions of consumer rights and consumer protection.", "mime": "application/pdf"}, {"id": "iiclr-25063", "words": "8826", "extension": ".pdf", "flesch": "35", "author": "Ogochukwu, Monye", "title": "Identification Management in Nigeria: Innovations for Financial Inclusion", "date": "2021", "keywords": "bank; biometrics; citizens; data; financial; identification; identity; inclusion; information; management; national; nigeria; nimc; note; number; registration; services; supra; use", "summary": "The NIMC in Nigeria offers free identification registration services for all, but progress in registration has been slow and expensive. NIMC has indicated that e-ID cards will be issued at a fee by 2022; however, it is important for Nigeria to maintain free identification registration for all citizens as imposing charges could be prohibitive to some classes of persons such 71.", "mime": "application/pdf"}, {"id": "iiclr-25064", "words": "23502", "extension": ".pdf", "flesch": "52", "author": "Vereecken, Jasper; Werbrouck, Jarich", "title": "Goods with Embedded Software: Consumer Protection 2.0 in Times of Digital Content?", "date": "2021", "keywords": "article; conformity; consumer; consumer goods; consumer law; consumer sales; content; content directive; contract; council directive; delivery; digital; enforcement; european; goods directive; lack; member; period; right; sales directive; seller; software; states; time", "summary": "Directive 1999/44, of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees, 1999 O.J. (L 171) (EC). After all, one of the most large-scale infringements on consumer law in the EU until today concerned embedded software\u2013the Dieselgate scandal.", "mime": "application/pdf"}, {"id": "iiclr-25065", "words": "12508", "extension": ".pdf", "flesch": "48", "author": "Huh, You Kyung", "title": "Toward Regulatory Mass Redress Schemes: Mass Redress in Financial Mis-selling Scandals in the U.S., the U.K., and South Korea", "date": "2021", "keywords": "authority; bank; card; case; cfpb; companies; consumer; consumer redress; credit; financial; mass; mis; note; ppi; products; protection; redress; redress schemes; schemes; supra; supra note", "summary": "What is important about this series of consumer redress actions is the CFPB\u2019s dedication to making it easy for consumers to receive relief. https://perma.cc/ZNA2-336C https://www.consumerfinance.gov/about-us/blog/capital-one-order-refunds/ https://www.consumerfinance.gov/about-us/blog/capital-one-order-refunds/ 2019] TOWARD REGULATORY MASS REDRESS SCHEMES 115 (3) Implications The CFPB consent order-type of consumer redress scheme is unique in that it does not require consumers to file a complaint or take any action, but instead \u201cautomatically\u201d repays them with credit or a check.", "mime": "application/pdf"}, {"id": "iiclr-25066", "words": "15967", "extension": ".pdf", "flesch": "49", "author": "Talley, Virginia A. M.", "title": "Major Flaws in Minor Laws: Improving Data Privacy Rights and Protections for Children Under the GDPR", "date": "2021", "keywords": "age; basis; children; consent; data; data privacy; data processing; data protection; gdpr; information; law; note; online; personal; privacy; privacy protection; processing; regulation; rights; supra; supra note", "summary": "The GDPR could more effectively achieve its goals by looking at the patterns in COPPA and adopting similar definitions for consent, obtaining verifiable consent, by gathering consent through reasonable methods in light of available technology, and by allowing COPPA\u2019s over twenty years of experience in child data protection framework to serve as a guideline for children\u2019s data protection in the E.U.263 While the world of data protection has improved its methods of protecting individuals and their rights to privacy, there are inherent difficulties that tag alongside the idealistic goal of creating a harmonized, effective, and all- encompassing data protection framework.264 First, technology is advancing at a rapid pace, and the worlds of education, entertainment, and commerce are relying more and more heavily on the Internet and big data services.265 Like most laws and regulations, a regulation involving technology or data protection will at some point become outdated and in need of revision.266 Further, definitions will need to be consistently updated and amended to 261. that websites and services providers cannot always be held accountable for self- identifying whether or not they are directed toward certain audiences or compliant with the relevant regulations.249 A major aspect of the GDPR is its flow-down design that requires services to certify that the sub-processors that processors interact with are also GDPR- compliant.250 The enforcement of child protections under the GDPR could be stronger if app stores shouldered more responsibility for monitoring the apps offered and distributed.", "mime": "application/pdf"}, {"id": "iiclr-25067", "words": "15377", "extension": ".pdf", "flesch": "45", "author": "Blasi, Gaston Federico", "title": "Rohingyas' Exodus Continues to Oblivion", "date": "2021", "keywords": "article; asean; committee; convention; council; crime; discrimination; doc; fact; genocide; human; i.c.j; international; int\u2019l; justice; law; myanmar; note; rakhine; responsibility; rights; rohingya; situation; state; u.n", "summary": "When left exclusively to the domestic authorities, there is evident escalation of the amount and quality of crimes committed by Myanmar security forces and non-state actors with the acquiescence of the authorities, demands the intervention of the international mechanisms for the protection of human rights.22 The path to pursue should be traced by both parties through negotiation in respect of international human rights standards.", "mime": "application/pdf"}, {"id": "iiclr-25068", "words": "19017", "extension": ".pdf", "flesch": "59", "author": "Jaggi, Stephan", "title": "How the German Concepts of Horizontalism and Proportionality Could Improve the US State Action Doctrine", "date": "2021", "keywords": "action doctrine; cases; constitutional; court; doctrine; horizontalism; individual; law; mall; party; property; proportionality; public; rights; speech; state action; state court; state law", "summary": "Like the Slaughterhouse Cases, they reflect the Court\u2019s tendency at the time to protect state sovereignty at the expense of individual rights.28 Many of the Court\u2019s following state action cases display a similar lack of proper application and a focus on the doctrine\u2019s exceptions instead of the obvious state action. If there had been state law or state enforcement practices that allowed restaurant owners to discriminate on the basis of race, it might have been appropriate for Congress to adopt legislation directly prohibiting such private discrimination without explicitly addressing the permissive state action.", "mime": "application/pdf"}, {"id": "iiclr-25069", "words": "7165", "extension": ".pdf", "flesch": "56", "author": "Nichols, Connie Davis Powell", "title": "Article 6bis of the Paris Convention for Well-Known Marks", "date": "2021", "keywords": "6bis; act; article; convention; lanham; law; paris; paris convention; states; trademark; united", "summary": "HISTORY OF PROTECTION UNDER THE PARIS CONVENTION AND TRADEMARK LAW A. Territoriality Principles of Trademark Law The concept of trademark law is territorial in nature, meaning that rights exist in each country according to the regulatory scheme established in each particular country.11 For example, U.S. trademark law confers trademark rights based upon use in commerce on goods and services. However, U.S. courts have not come to a general consensus on this point.31 With the passage of the Lanham Act in 1946, Congress\u2019 intent was to codify U.S. federal trademark law with an aim to implement provisions of international treaties affecting U.S. trademark law.32 As originally enacted, Section 44(b) of the Lanham Act contained language that expressly mentioned the Paris Convention: Persons who are nationals of, domiciled in, or have a bona fide and effective business or commercial establishment in any foreign country, which is a party to (1) the International Convention for the Protection of Industrial Property", "mime": "application/pdf"}, {"id": "iiclr-25070", "words": "14798", "extension": ".pdf", "flesch": "62", "author": "Farrell, Sean M.", "title": "Cashing in on Murphy v. NCAA: Looking to the United Kingdom and Australia for Solutions to Regulating Sports Betting in America", "date": "2021", "keywords": "act; agreements; betting; commission; fixing; gambling; integrity; law; leagues; match; murphy; ncaa; nevada; new; sports; sports betting; states; supra note; united", "summary": "New Jersey\u2019s Success and PASPA\u2019s Fall New Jersey responded to the Third Circuit Court\u2019s suggestion that nothing in PASPA required states to keep sports betting laws in place by passing a law to \u201c[r]epeal the provisions of state law prohibiting sports gambling insofar as they concerned the \u2018placement and acceptance of wagers\u2019 on sporting events. The biggest obstacle to merely adopting the United Kingdom\u2019s approach is the difference in government structures.171 The United Kingdom only has one level of government, while the United States has two.172 The United States would first need to repeal laws that conflict with the new framework, pass legislation at the federal level, and then ensure it is carried out at the state level.173 Because there is still significant disagreement over whether sports betting should be legalized in the United States, it is unrealistic to believe Congress will pass an entirely new regulatory scheme for sports betting, especially at a time when Congress is extremely divided.174 Additionally, as demonstrated by the Supreme Court\u2019s Decision in Murphy, sports betting laws passed at the federal level must be carefully crafted to avoid constitutional issues.175 Any United States law modeled after the Gambling Act would need to account for this distribution of power, which makes adopting the United Kingdom\u2019s approach that much more difficult.176 The other issue with the United Kingdom\u2019s framework is that it goes against the traditional approach to regulating sports betting, leaving the task to the states.177 Since sports betting has traditionally been regulated at the state level, it makes sense for federal legislators to work within this pre-existing framework.178 169.", "mime": "application/pdf"}, {"id": "iiclr-25071", "words": "15031", "extension": ".pdf", "flesch": "56", "author": "Jordan, Samantha", "title": "Captain, My Captain: A Look at Autonomous Ships and How They Should Operate Under Admiralty Law", "date": "2021", "keywords": "art; autonomous; captain; control; crew; flag; international; law; liability; maritime; note; operations; operator; requirements; rules; shipping; ships; shore; state; supra; supra note; system; unmanned; vessel", "summary": "\u201d1 Industrial leaders such as Rolls-Royce, Kongsburg, Yara, Imarsat and Wilhelmsen have been developing technology to make autonomous ships a reality.2 In fact, Rolls-Royce expects that the company will begin making short voyages by 2020, and Ocean-going voyages by 2025 with their autonomous ships.3 As Jon Walker explains \u201cYara provides a perfect example of how we will see the technology used in the very near future. Their goal is to have remote operations in late 2019 and fully autonomous operations by 2020.\u201d6 Many industry experts believe that autonomous transits will start in the next few years, with remote and autonomous ships on short and routine trips with defined routes by the end of the decade.7 These experts anticipate artificial shipboard intelligence to gradually improve to the point where cargo ships are sailing transcontinental voyages without crews (possibly between 2020 and 2025, based on projections).8 As these companies implement the new technology to allow ships to be remotely controlled or operate autonomously, it is forecasted that the shipping industry will adopt the technology quickly due to the cost savings.9 More challenging to the future of autonomous ships are the regulatory changes required to allow such ships to operate.10 Currently, global shipping regulations are unclear about whether these ships would be allowed to operate nationally as well as internationally, how they could be insured, and who would be legally liable for damages and pollution in the event of an accident.11 This Note seeks to identify the legal hurdles facing the implementation of autonomous ships and suggests areas of future considerations that policymakers should keep in mind.", "mime": "application/pdf"}, {"id": "iiclr-25072", "words": "13937", "extension": ".pdf", "flesch": "60", "author": "Perras, Carrie", "title": "Moving Towards Equal Pay for Professional Female Athletes: What We Can Learn from Equal Pay Legislation in Iceland", "date": "2021", "keywords": "act; athletes; discrimination; female; gap; gender; gender pay; iceland; law; national; note; pay; pay gap; professional; states; supra; supra note; team; united; women", "summary": "The United States needs to enact new, more proactive laws to address gender pay discrimination that do not put such heavy and demanding requirements on the employees making the claims. Iceland\u2019s new equal pay legislation is the most aggressive legislation in the world promoting gender pay equality.", "mime": "application/pdf"}, {"id": "iiclr-25073", "words": "172", "extension": ".pdf", "flesch": "38", "author": "Editor", "title": "Preface", "date": "2021", "keywords": "issue", "summary": "PREFACE As with every issue of the Indiana International & Comparative Law Review, our student members take great pride and care in assuring the high-quality and accuracy of each Article, Note, Comment, or other work published by our journal. Accordingly, please be aware that some footnotes in this issue may have minor errors, but such errors should not affect the veracity or quality of the content herein.", "mime": "application/pdf"}, {"id": "iiclr-25074", "words": "6235", "extension": ".pdf", "flesch": "56", "author": "Albert, Richard", "title": "Keynote Address: Constitutional Amendment in Constitutional Democracies: Transformation, Eternity, Illusion", "date": "2021", "keywords": "amendment; change; constitution; law; president; review; rights; rules; state; unamendability", "summary": "My plan for these remarks is to draw from the ideas in Constitutional Amendments: Making, Breaking, and Changing Constitutions to show you how interesting it can be to study constitutional amendment rules. See RICHARD ALBERT, CONSTITUTIONAL AMENDMENTS: MAKING, BREAKING, AND CHANGING CONSTITUTIONS (2019).", "mime": "application/pdf"}, {"id": "iiclr-25075", "words": "8459", "extension": ".pdf", "flesch": "52", "author": "Katz, Andrea Scoseria", "title": "Why Write? The Desuetude of Article V and the Democratic Costs of Informal Constitutional Amendment", "date": "2021", "keywords": "amending; amendment; american; article; change; congress; constitution; formal; history; john; law; new; note; rev; rights; states; supra; u.s", "summary": "It was during periods of constitutional amendment, Dicey explained, writing in 1897, that the full sovereign power of the nation came together out of the disparate fifty states, but these moments were few and far between. The most complete compilation of amendments proposed during the course of American history is JOHN R. VILE, ENCYCLOPEDIA OF CONSTITUTIONAL AMENDMENTS, PROPOSED AMENDMENTS, AND AMENDING ISSUES, 1789-2015 (5th ed., 2015).", "mime": "application/pdf"}, {"id": "iiclr-25076", "words": "32382", "extension": ".pdf", "flesch": "41", "author": "Hess, Olivia A.", "title": "Ready to Bridge the Disconnect: Implementing England and Wales' Coercive Control Model for Criminalizing Domestic Abuse in the United States", "date": "2021", "keywords": "abuse; act; behavior; buzawa; coercive; control; control offense; controlling; crime; disconnect; domestic; effect; framework; guidance; harm; incident; kingdom; law; mens; model; offense; personal; rea; section; stark; supra note; united; united states; victims; violence; violence law; women", "summary": "Part III goes on to compare the respective approaches of the United States and the United Kingdom, discussing the similarities and differences between the two; dissecting each framework\u2019s strengths and weaknesses in bridging, or perpetuating, the domestic abuse disconnect; and analyzing the implications of each jurisdiction\u2019s approach on the experiences of domestic violence victims. Statutory Guidance, supra note 94, at 5; Serious Crime Act 2015, c. 9, \u00a7 76(1)(b) (UK); 2020] READY TO BRIDGE THE DISCONNECT 407 This personal connection element and its limited scope regarding former intimate partners who are not cohabiting at the time of the coercive control aims to distinguish the coercive control offense from stalking and harassment offenses.149 Section 76\u2019s Guidance explains that in cases where the coercive or controlling behavior occurs when both (1) the parties are no longer in a relationship, and (2) they are not cohabiting, offenses of stalking and harassment are more appropriate than the coercive control offense.150 By limiting the recognized personal connections in the context of former intimate partners only to those who are still cohabiting at the time of the behavior this way, Section 76 places coercive or controlling behavior occurring post-separation, which occurs all too often, outside the scope of the coercive control offense.151 Though harassment or stalking offenses under the Protection Against Harassment Act 1997 technically apply to victims experiencing post-separation domestic abuse, judicial interpretations of the requisite \u201ccourse of conduct\u201d under those offenses has severely limited the applicability of the 1997 Act to these particular victims, giving rise to the rationale for creating Section 76 in the first place.152 Consequently, neither Section 76 nor the 1997 Act are effectively providing comprehensive protection to domestic violence victims who experience coercive or controlling behavior while separated from an ongoing, intimate relationship with the perpetrator.", "mime": "application/pdf"}, {"id": "iiclr-25077", "words": "18511", "extension": ".pdf", "flesch": "57", "author": "Clark, Patrick", "title": "Made in God's Image North and South of the 49th Parallel: End-of-Life Ethical Assumptions and Substantive Due Process", "date": "2021", "keywords": "canada; canadian; court; death; glucksberg; god; individual; interest; law; life; medical; note; patient; person; physician; process; right; state; suicide; supra; supreme; supreme court; treatment; u.s", "summary": "This outlines the history of assisted suicide in Canadian which, after the ban on assisted suicide was upheld, legislative and judicial attempts to overturn assisted suicide grew to be more prevalent. The scope of section 7 looks to how the legislation in question affects the challengers individually.172 Finally, reviewing both the common law and the legislative history of the offence and the rationale behind the practice itself (e.g., criminalization of assisted suicide) are helpful to discern the principles of fundamental justice governing a particular case.173 This review requires a court to ask whether the state\u2019s restriction on an individual\u2019s bodily integrity violates the principles of fundamental justice.174 b.", "mime": "application/pdf"}, {"id": "iiclr-25078", "words": "15776", "extension": ".pdf", "flesch": "57", "author": "DeNeve, Christa", "title": "New Horizons in Infrastructure Investment--The Assent of the Asian Infrastructure Investment Bank and Its Effects on the IMF and the USA", "date": "2021", "keywords": "agreement; aiib; asian; bank; formula; fund; gdp; imf; imf quota; international; members; monetary; nations; new; note; power; quota; review; states; supra; supra note; united; united states", "summary": "IMF quotas determine access to financing, subscriptions, and most importantly, voting rights.131 The closer a nation is economically with the United States, the more likely a member will experience a favorable shift in IMF quota during quota reviews.138 Nations who wish to improve their position with the IMF, then, would be inclined to align themselves with the United States.", "mime": "application/pdf"}, {"id": "iiclr-25079", "words": "4959", "extension": ".pdf", "flesch": "41", "author": "Scheid, Lauren", "title": "Immigrants Made America Great: Contemporary Overview of the Executive Authority for Regulation of U.S. Immigration Policy", "date": "2021", "keywords": "authority; executive; immigrants; immigration; note; policy; president; security; supra; trump; u.s", "summary": "However, the majority of these \u201ccriminal\u201d deportations were a result of entrants being in the U.S. illegally\u2013not because they had committed other crimes on U.S. soil.21 When President Obama took office, he inherited robust new legal mechanisms for curbing illegal immigration and related concerns.22 In 2008, the Obama administration (re)implemented the Secure Communities Program which seeks to identify immigrants who are deportable for violations of U.S. immigration law.23 Jails that participate in the program must submit fingerprint data of arrestees to both criminal and immigration databases to determine if an arrestee has violated immigration policy.24 ICE can then decide whether to take the arrestee into federal custody.25 This program thus empowers 16. Cohn, How U.S. immigration laws and rules have changed through history, PEW RES.", "mime": "application/pdf"}, {"id": "iiclr-25246", "words": "18342", "extension": ".pdf", "flesch": "54", "author": "Cavallini, Cesare; Ariano, Emanuele", "title": "Issue Preclusion Out of the U.S. (?) The Evolution of the Italian Doctrine of Res Judicata in Comparative Context", "date": "2021", "keywords": "action; article; case; civil; claim; comparative; court; doctrine; effects; issue; issue preclusion; italian; judgment; judicata effects; justice; law; note; parties; preclusion; prejudicial; procedure; questions; res judicata; review; rules; supra; supra note; system; u.s", "summary": "[hereinafter I-CC].59 This means that they can obtain res judicata effects in the ordinary meaning and so bar the reassertion in later arising proceedings of matters already decided in prior judgments. The temporal limits explores, for instance, the relation between res judicata effects and jus superveniens.", "mime": "application/pdf"}, {"id": "iiclr-25247", "words": "12676", "extension": ".pdf", "flesch": "47", "author": "Chakrabarty, Ishita", "title": "Self-Determination: What Lessons from Kashmir?", "date": "2021", "keywords": "article; community; constitution; court; determination; government; human; india; international; int\u2019l; kashmir; law; note; opinion; pakistan; peoples; right; secession; self; state; supra; territory", "summary": "In Horowitz\u2019s views, once a colonized population has exercised its \u201crights\u201d of self-determination, it expires\u2014the population cannot claim a second chance at determining an alternative form of political governance.61 However, in the case of Kashmir, one could argue that the princely state could not have effectively exercised this right while under military coercion arising from the indirect colonial administration, and so such right has not been exhausted.62 Negotiations and resolutions have only treated Kashmiris as the object rather than the subject of law. Nanda, supra note 76, at n.44. (discussing self-determination and secession or the exercise of such right of self-determination are not the same).", "mime": "application/pdf"}, {"id": "iiclr-25248", "words": "26073", "extension": ".pdf", "flesch": "59", "author": "Pardieck, Andrew M.", "title": "Discovery in Japan", "date": "2021", "keywords": "art; attorney; bar; cases; civil; code; court; d. art; discovery; documents; evidence; hanrei; hanta; hei; information; japan; japanese; law; litigation; minji; minsoh\u00f4; nichibenren; order; party; petition; practitioners; preservation; procedure; production; report; requests; review; saibansho; supra note; symposium; t\u00f4ky\u00f4", "summary": "Businesses that rely on government licenses to conduct business are more likely to comply with court orders to preserve or produce documents than those that do not.460 While the data suggests court orders to produce documents are outliers, and NADO, (MINJI DAI ISSHIN) (2018), http://www.courts.go.jp/vcms_lf/hokoku_08_siryou2.pdf [https://perma.cc/K4QG-4852]. As discussed above, court orders compelling production of documents are subject to interlocutory appeal and typically delay the proceedings by several months.465", "mime": "application/pdf"}, {"id": "iiclr-25249", "words": "27449", "extension": ".pdf", "flesch": "52", "author": "Anderson, Ariel Lynn", "title": "Animal Welfare, Who Cares? Why the United Nations Needs to Tackle Horse-Soring", "date": "2021", "keywords": "act; activity; animal; animal welfare; aphis; art; community; congress; data; enforcement; general; hio; horse; horse protection; hpa; industry; international; law; nations; past; protection; rate; review; season; soring; states; supra note; tennessee; treaties; treaty; u.n; u.s; united; united nations; united states; usda; violation; walking; welfare", "summary": "See Mary Ann Jolly, The Untold Cruelty of Tennessee Walking Horses, Documentary (SBS Dateline Austl. Keith Dane, Senior Adviser for Equine Protection for the Humane Society of the United States, Institutionalized Horse Abuse: The Soring of Tennessee Walking Horses, 3 KY.", "mime": "application/pdf"}, {"id": "iiclr-25250", "words": "23913", "extension": ".pdf", "flesch": "56", "author": "Eichelberger, Adam", "title": "Global Employee Privacy: A Case Study on the Minefield of Employee Privacy Rights in the EU, USA, and KSA", "date": "2021", "keywords": "arabia; companies; company; court; data; data privacy; data protection; edrichtet; employee; employee data; employee privacy; federal; fict; gdpr; indiana; information; international; law; laws; note; pii; privacy; protection; right; saudi; shield; states; supra; supra note; united", "summary": "By examining three different legal systems (common law, civil law, and quasi- religious law), their interactions with regards to employee privacy data, and the gaps between the systems, this Note calls for policy changes to enhance privacy protections both for the employee\u2019s benefit and the benefit of the employer managing a global workforce. Compounding matters, employers, subject to a few exceptions, can (and sometimes do) sell employee data to third parties.21", "mime": "application/pdf"}, {"id": "iiclr-25251", "words": "16325", "extension": ".pdf", "flesch": "59", "author": "Thompson, Lauren M.", "title": "Striking a Balance: Extending Minimum Rights to U.S. Gig Economy Workers Based on E.U. Directive 2019/1153 on Transparent and Predictable Working Conditions", "date": "2021", "keywords": "2019/1152; companies; conditions; directive; drivers; e.u; economy workers; employment; european; gig; gig economy; gig workers; independent; labor; law; note; pay; rights; service; states; supra; supra note; time; u.s; uber; workers; working", "summary": "First, researchers have yet to reach a consensus on how to define the gig economy and who should be encompassed within it.76 Second, researchers have struggled to come up with questions to probe gig work that do not confuse respondents.77 Third, people drop out of the gig economy at a rapid pace.78 The Bureau of Labor Statistics (the \u201cBLS\u201d) does not currently include a category for \u201cgig economy worker\u201d in any of its surveys.79 The closest equivalent to \u201cgig economy workers\u201d that the BLS gathers data on are \u201ccontingent workers.\u201d80 The employment status of gig economy workers is also ambiguous.", "mime": "application/pdf"}, {"id": "iiclr-25606", "words": "26842", "extension": ".pdf", "flesch": "73", "author": "Sullivan, Jr., Frank; Trinh, Khoa", "title": "International Law and Human Rights Under a New Administration", "date": "2021", "keywords": "countries; country; court; david; frank; human; indiana; international; justice; korea; law; north; people; president; professor; review; rights; school; states; sullivan; symposium; time; united; united states; way; world", "summary": "And with two colleagues, brilliant colleagues with a background in international law and international human rights law. Marzuki Darusman, who had been the Attorney General of Indonesia and the Prosecutor General of Indonesia. And the annual symposium of the Indiana International and Comparative Law Review, in which we will be considering international law and human rights law under a new administration.", "mime": "application/pdf"}, {"id": "iiclr-25607", "words": "8797", "extension": ".pdf", "flesch": "55", "author": "Kirby, Michael", "title": "North Korea on the Brink of the Biden Administration: Human Rights, Peace, and Security", "date": "2021", "keywords": "biden; china; coi; council; crimes; human; international; korea; nations; north korea; president; report; rights; security; u.n; united", "summary": "See, e.g., Lara Jakes & Choe Sang-Hun, North Korea Threat Forces Biden into Balancing Act with China, N.Y. TIMES (Mar. 18, 2021), https://www.nytimes.com/2021/03/ 18/world/asia/biden-north-korea-china.html (last updated Mar. 24, 2021) Next, Part III will briefly outline the initiatives in South Korea, or the Republic of Korea (\u201cROK\u201d), and the effect of its decision to take a step back from the situation in North Korea.", "mime": "application/pdf"}, {"id": "iiclr-25750", "words": "10924", "extension": ".pdf", "flesch": "43", "author": "Beres, Louis Rene", "title": "Israeli Nuclear Deterrence and International Law: Calculating Effects of Power Politics and Pandemics", "date": "2021", "keywords": "beres; cold; defense; deterrence; doctrine; enemy; international; int\u2019l; israel; law; louis; military; nuclear; security; state; strategic; strategy; system; war; world", "summary": "There are determinedly persuasive connections between any incrementally more \u201copen\u201d or disclosed Israeli strategic nuclear doctrine and certain enemy state perceptions of Israeli nuclear deterrence. One such connection centers on the expected relationship between prospectively greater openness and the perceived vulnerability of Israeli strategic nuclear forces to preemptive destruction.", "mime": "application/pdf"}, {"id": "iiclr-25751", "words": "12643", "extension": ".pdf", "flesch": "52", "author": "Crout, Leigha", "title": "The Evolution of Constitutionalism in the People's Republic of China: Past and Present", "date": "2021", "keywords": "art; article; china; chinese; constitution; constitutionalism; development; document; government; int\u2019l; law; party; people; prc; republic; revolution; rights; state; supra note; system; xianfa", "summary": "In early China, two predominant legal theories exerted substantive influence on the maturation of the Chinese legal system, namely, Confucianism and Legalism. Alternate dispute resolution was abundant in early China.", "mime": "application/pdf"}, {"id": "iiclr-25752", "words": "14596", "extension": ".pdf", "flesch": "46", "author": "Dijkstal, Haydee J.", "title": "The ICC and Human Rights: The Crime Against Destruction of Cultural Heritage as Part of a Trend Towards Greater Human Rights Influence", "date": "2021", "keywords": "al mahdi; article; case; chamber; court; crime; decision; heritage; interpretation; proceedings; prosecutor; rights; rights considerations; rights law", "summary": "Reviewing the Court\u2019s historical approach to human rights within its case law, two discreet areas of human rights considerations are evaluated; namely, the use of human rights law and jurisprudence to interpret the Court\u2019s legal framework and the Court\u2019s willingness to engage with human rights concerns within the proceedings. The question, therefore, arises as to whether the Court\u2019s prosecution of the crime of destruction of cultural heritage comports with the Court\u2019s historical approach to human rights law and considerations, and whether jurisprudence in regards to this crime and particularly with the proceedings in the Al Mahdi case demonstrate any trend towards a greater influence of human rights in the proceedings before the Court.", "mime": "application/pdf"}, {"id": "iiclr-25753", "words": "31032", "extension": ".pdf", "flesch": "53", "author": "Mimran, Tal", "title": "The Islamic State of Horror--Who is Responsible for Atrocities Committed in the Territory of the Self-Declared Islamic State (Daesh)?", "date": "2021", "keywords": "actors; article; case; comp; conflict; council; crimes; discussion; doc; general; groups; human; i.c.c; i.c.j; i.h.r.l; international; int\u2019l; iraq; islamic; islamic state; jurisdiction; law; non; norms; obligations; principles; rep; report; republic; responsibility; rights; rights law; rules; situation; state; state responsibility; supra note; syria; territories; territory; u.n; united; vol", "summary": "7. See Stefan Heissner et al., Caliphate in Decline: An Estimate of Islamic State\u2019s Financial Fortunes, INT\u2019L CTR. Antonio Coco & Jean-Baptiste Maillart, The Conflict with Islamic State: A Critical Review of International Legal Issues, in THE WAR REPORT: ARMED CONFLICT IN 2014 388, 406 (Annyssa Bellal ed., 2015).", "mime": "application/pdf"}, {"id": "iiclr-25754", "words": "13326", "extension": ".pdf", "flesch": "52", "author": "Trinh, Khoa D.", "title": "Ancient Water Law in a Modern Water Crisis: United States Water Law Reform in the Australian Context", "date": "2021", "keywords": "act; appropriation; australia; change; climate; colorado; commerce; crisis; doctrine; federal; international; law; laws; note; public; reform; rights; river; states; system; u.s; united; united states; use; water; water law; water rights", "summary": "Given the shortcomings and challenges of international law in its current state, change in water laws must happen at the domestic level first. These initiatives are a step in the right direction, but the inconsistent and state-based structure of water laws will not solve the large- scale problems of the foreseeable future.", "mime": "application/pdf"}, {"id": "iiclr-25755", "words": "12193", "extension": ".pdf", "flesch": "53", "author": "Kuhlenhoelter, Andrew", "title": "Seizing the Initiative on Sexual Assault in the United States Military: The Way Forward", "date": "2021", "keywords": "army; assault; commanders; def; discretion; harassment; justice; law; members; military; note; percent; review; service; states; supra; supra note; u.s; united; women", "summary": "B. Review of Commander Decisions In response to the March 2019 hearings on sexual assault in the military and at the request of Senator McSally, Acting Secretary of Defense Patrick Shanahan organized a DoD task force to review investigative and accountability processes of military sexual assault adjudication.98 The purpose of the Sexual Assault Accountability and Investigation Task Force (\u201cSAAITF\u201d) is to develop bold recommendations for improving the military justice system.99 SAAITF is composed of high-ranking military and DoD officials, including the Judge 93. A. Sexual Assault Statistics in the United States Military The modern era of combating sexual assault in the military began in 2004 when Secretary of Defense Donald Rumsfeld ordered a review of the Department of Defense\u2019s process for treatment of sexual assault victims.52 This order led to the creation of the Sexual Assault Prevention and Response Office (\u201cS.A.P.R.O.\u201d).53 This body ensures that each military branch complies with DoD policy and supports and trains sexual assault and response coordinators (\u201cS.A.R.Cs.\u201d) across the DoD.54 Before this time, there was no official compilation of military sexual assault statistics.", "mime": "application/pdf"}, {"id": "iiclr-25756", "words": "15852", "extension": ".pdf", "flesch": "57", "author": "Schneider, Madeline", "title": "Terror on the Internet: Comparing the United States and European Union Social Media Regulations to Prevent Terrorism", "date": "2021", "keywords": "act; commission; companies; content; court; european; facebook; information; internet; law; material; media; online; proposal; regulation; section; service; states; support; supra note; terrorist; u.s.c; united", "summary": "Along with sharing information with the government, social media companies should also be required to share information with fellow social media companies. It has been proposed to help hold social media companies responsible for terrorist content on their platforms.", "mime": "application/pdf"}, {"id": "iiclr-26253", "words": "22045", "extension": ".pdf", "flesch": "58", "author": "Wolfson, Evan; Tueller, Jessica; Fromkin, Alissa", "title": "The Freedom to Marry in Human Rights Law Worldwide: Ending the Exclusion of Same-Sex Couples from Marriage", "date": "2022", "keywords": "article; basis; court; discrimination; echr; equality; european; family; freedom; hrc; human; iacthr; iccpr; kopf; law; marriage; marry; non; rights; rights law; schalk; sex couples; sex marriage; states; supra note", "summary": "As such a consensus emerges, however, the margin narrows, and States may be expected to respect human rights under the ECHR in a particular way. For more on how conservative actors borrow the language and concepts of human rights in attempts to justify discrimination on the basis of sex, gender, gender identity, and sexual orientation, see NAUREEN SHAMEEM, RIGHTS AT RISK (The OURs Working Group, Alejandra Sarda-Chandiramani & Shareen Gokal eds., 2017), https://www.awid.org/sites/default/files/atoms/files/rights-at-risk-ours-2017.pdf [https://perma.cc/8EH6-M4QY]. 156.", "mime": "application/pdf"}, {"id": "iiclr-26254", "words": "11106", "extension": ".pdf", "flesch": "48", "author": "Yusuf, Hakeen; Oamen, Philip", "title": "Realising Economic and Social Rights Beyond COVID-19: The Imperative of International Cooperation", "date": "2022", "keywords": "article; assistance; cooperation; countries; covid-19; econ; escr; general; human; icescr; law; rights; rts; states; u.n; world", "summary": "Further, the prescribed cooperation of the ICESCR is the very essence of international human rights. REALISING ECONOMIC AND SOCIAL RIGHTS BEYOND COVID-19: THE IMPERATIVE OF INTERNATIONAL COOPERATION HAKEEM YUSUF* AND PHILIP OAMEN** ABSTRACT The imperative of international cooperation for realising economic, social and cultural rights (ESCR) has been a largely neglected theme in the theory and praxis of this category of human rights.", "mime": "application/pdf"}, {"id": "iiclr-26255", "words": "13370", "extension": ".pdf", "flesch": "55", "author": "Bennett, Trent", "title": "Absentee Voting Laws in the Face of a Global Pandemic: Can the French Proxy System Fix Absentee Voting in Indiana?", "date": "2022", "keywords": "absentee; absentee voting; ballot; code; day; election; france; fraud; indiana; law; laws; note; pandemic; person; proxy; proxy voting; states; united; vote; voters; voting", "summary": "This Note will examine absentee voting laws within France and the United States, with a special emphasis on absentee voting in Indiana. In order to compare French and Indiana absentee voting laws, first, the general facets of absentee voting law must be identified.", "mime": "application/pdf"}, {"id": "iiclr-26256", "words": "14303", "extension": ".pdf", "flesch": "54", "author": "Doyle, Brittany", "title": "Self-Regulation Is No Regulation--The Case for Government Oversight of Social Media Platforms", "date": "2022", "keywords": "act; content; election; extremists; facebook; fcc; federal; germany; hate; homeland; law; media; news; note; percent; platforms; public; regulation; report; review; section; security; self; smps; speech; states; supra; times; twitter; united; users", "summary": "Section 230 provides broad immunity from liability over user-posted content for internet companies like Facebook and other SMPs, even though this law was enacted long before SMPs existed.167 Section 230 means internet companies are not considered publishers, and they are not liable for the content that users post on their platforms.168 Compare this to newspapers, which can be held liable for all content it publishes, including advertisements.169 This law is used successfully as a defense by social media companies in lawsuits.170 Section 230 is given credit for the large expansion of the technology era and was enacted to give small internet start-up companies room to grow free from liability by its users. Id. 2022] SELF-REGULATION IS NO REGULATION 125 political news primarily from social media, a larger percentage than radio (8 percent), network TV (13 percent), local TV (16 percent), and cable TV (16 percent).245 In 2018, a report showed a little more than two-thirds of Americans say they \u201cat least occasionally\u201d access news on SMPs, and a majority of those SMP users say the news they see is \u201clargely inaccurate.", "mime": "application/pdf"}, {"id": "iiclr-26257", "words": "15220", "extension": ".pdf", "flesch": "61", "author": "Reen II, Stephen J.", "title": "The Tightrope of Article 13(B): Judicial Interpretation of the Hague Abduction Convention's \"Grave Risk of Harm\" Exception in the United States and Canada", "date": "2022", "keywords": "abuse; article; canada; child; children; convention; court; father; grave; hague; hague convention; harm; law; mother; risk; states; united; violence", "summary": "These actions are relatively simple to implement, would allow the United States to better fulfill its obligations under the Hague Convention, would accord with current realities of child abuse and domestic violence, and would eliminate potential forum shopping across United States jurisdictions and between the United States and Canada. II. HISTORY AND BACKGROUND A. Purpose of the Hague Convention The preamble of the Hague Convention, which sets out its purpose and guides its interpretation, states as follows: The States signatory to the present Convention, firmly convinced that the interests of children are of paramount importance in matters relating to their custody, desiring to protect children internationally from the harmful effects of their wrongful removal or retention and to establish procedures to ensure their prompt return to the State of their habitual residence, as well as to secure protection for rights of access, have resolved to conclude a Convention to this effect, and have agreed upon the following provisions . . .", "mime": "application/pdf"}, {"id": "iiclr-26258", "words": "12867", "extension": ".pdf", "flesch": "54", "author": "Sakmar Szczechowski, Victoria", "title": "The Case for School Choice Given the Absence of a Fundamental Right to Education: Learning from the European Experience", "date": "2022", "keywords": "case; children; choice; countries; court; district; education; funding; note; parents; programs; public; right; school; school choice; state; students; supra; united", "summary": "[Vol. 32:163 students.149 However, a South Carolina state court enjoined Governor McMaster from executing his voucher spending plan, finding that it unconstitutionally provides public aid to religious institutions.150 The Court\u2019s decision illustrates the harmful effect of Blaine amendments on voucher programs, constituting a barrier to empowering economically disadvantaged families.151 Given that the South Carolina Supreme Court held in 1971 that providing public funds to children to attend private schools violated the state constitution\u2019s Blaine Amendment, it would take a redefinition of the Blaine Amendment\u2019s direct benefit test (as was the case in Indiana) or a repeal of the provision entirely in order for South Carolina to establish a voucher program.152 Since \u201c[m]any smaller private schools with large campuses or big buildings have the ability and resources to spread students out in classrooms,\u201d allowing more students to enroll in private school amidst the pandemic could have benefitted both voucher-awarded students as well as public school students, who possibly could have returned to in-person learning with fewer classmates.153 States without legal hindrances to vouchers should prioritize student health, safety, and learning outcomes by enabling their use to combat the devastating effects of COVID-19. As used in this Note, \u201cschool choice\u201d broadly refers to the provision of public funds directly to students who may use the funding at the school of their choice, including private schools.4 Many students are able to exercise \u201ctraditional school choice,\u201d which refers to a child\u2019s ability to attend a private school or a particular public school due to their family\u2019s own financial means, whether that be through funding private school tuition or moving to an area with high-quality public schools.", "mime": "application/pdf"}, {"id": "iiclr-26520", "words": "28755", "extension": ".pdf", "flesch": "65", "author": "Bravo, Karen", "title": "International Law and the Environment: Sustainability, Justice, and Climate Change Around the World", "date": "2022", "keywords": "change; china; climate; communities; community; countries; economy; energy; environmental; help; indiana; international; justice; klein; law; need; people; professor; recycling; review; right; states; sustainability; symposium; time; vietnam; waste; water; way", "summary": "Mr. Kelln is fully devoted to the practice of environmental law and keeping up with trends and developments. And now to go onward, we have a distinguished keynote speaker who has had a long and illustrious career as an international expert on environmental law and environmental justice.", "mime": "application/pdf"}, {"id": "iiclr-26521", "words": "20006", "extension": ".pdf", "flesch": "49", "author": "Rossi, Christopher R.", "title": "Water Rights and Hydro-Egoism: Endogenous Hegemony and the Grand Ethiopian Renaissance Dam", "date": "2022", "keywords": "africa; agreement; blue nile; britain; british; colonial; comp; cooperation; countries; dam; egoism; egypt; egyptian; ethiopia; filling; flow; gerd; hegemony; hydro; int\u2019l; law; management; nile; nile basin; nile dam; nile river; nile water; note; percent; power; project; regional; renaissance; review; riparian; river; river basin; salman; security; state; sudan; supra; supra note; treaty; water; water security; world", "summary": "This impoundment process is of existential concern to Egypt, which is completely dependent on Nile water and is one of the most water stressed countries in the world. On the importance of Nile water in terms of Egyptian cotton production to support British textile trade, see WYNDHAM DUNSTON, REPORT ON COTTON CULTIVATION IN THE BRITISH EMPIRE AND IN EGYPT (1904); Ahmad Shokr, Beyond the Fields: Cotton and the End of Empire in Egypt, 1919-1956 (Dissertation, New York University 2016) (on file with author). 44.", "mime": "application/pdf"}, {"id": "iiclr-26522", "words": "10728", "extension": ".pdf", "flesch": "55", "author": "Santana, Stella Emery", "title": "The Legal Aspects of Water as a Human Right According to the 2030 Agenda: A Comparative Analysis Between Brazil and the United States of America", "date": "2022", "keywords": "access; agenda; brazil; data; development; drinking; drinking water; goals; human; international; law; note; percent; right; sanitation; sdg; sdgs; states; supra; target; u.n; united; usa; water", "summary": "The sign of the Brazilian Courts\u2019 recognition of water rights is also apparent from the amendment proposal for the Constitution entitled \u201cPEC 4/2018,\u201d or \u201cPEC of drinking water,\u201d which aims to add an item on art.5\u00b0 from the Federal Constitution of Brazil, recognizing water as a fundamental and guaranteed right.88 The Federal Senate initially proposed the amendment in 2018, 83. \u201d150 Without basic water rights granted to every citizen, one may understand that men are not created equal and that their lives are worthless because they do not have access to clean water.", "mime": "application/pdf"}, {"id": "iiclr-26523", "words": "48659", "extension": ".pdf", "flesch": "53", "author": "Lemos, Miguel", "title": "The ICC as a \"Tool\" of the United Nations Security Council and the \"Absurdity\" of Head of State Immunity with Regard to International Crimes", "date": "2022", "keywords": "appeals chamber; arrest; arrest warrant; article; bashir; case; century; chamber; council; court; crimes; criminal; fact; head; icc; icc statute; immunity; international; intervention; int\u2019l; issue; jurisdiction; law; law review; nations; nations security; peace; section; security; state; state immunity; statute; supra note; surrender; tool; united; unsc; war; war crimes; warrant; world", "summary": "International law also allowed countries to arrest and surrender such sitting sovereigns who violated international law. Contrary to this narrative crafted by the ICC appeals chamber, rules of international law concerning the criminal responsibility of individuals have actually been in existence since the origins of international law.", "mime": "application/pdf"}, {"id": "iiclr-26524", "words": "11205", "extension": ".pdf", "flesch": "62", "author": "Wolman, Andrew", "title": "North Korean Asylum Seekers in the West: Is Dual Nationality Dispositive?", "date": "2022", "keywords": "asylum; case; country; court; escapees; korean; law; nationality; north; north koreans; note; persecution; protection; refugee; seekers; south; south korea; state; supra", "summary": "The co-existence of North Korean nationality would not affect this determination, as North Korea is not recognized as a separate country in South Korea.23 5. See, e.g., JAMES BURT, EUROPEAN ALLIANCE FOR HUMAN RIGHTS IN NORTH KOREA, A CASE FOR CLARIFICATION: EUROPEAN ASYLUM POLICY AND NORTH KOREAN REFUGEES 18 (2015) (South Korean nationality \u201cwould disqualify North Koreans from claiming international protection\u201d); Sheena Greitens, The Geopolitics of Citizenship: Evidence from North Korean Claims to Membership in the South, 26 J. KOR. STUD.", "mime": "application/pdf"}, {"id": "iiclr-26525", "words": "27453", "extension": ".pdf", "flesch": "44", "author": "Halodik, Elizabeth G.", "title": "Legal Identity as a Tool of State-Sponsored Genocide: Enforcing the Responsibility to Prevent Through a Norm of Active Engagement", "date": "2022", "keywords": "acts; art; cards; case; classification; comp; crimes; discrimination; genocide; german; government; group; group identity; gypsies; gypsy; hutu; identity; identity cards; indiana; individual; international; int\u2019l; law; nazi; persecution; population; race; registration; report; review; rights; roma; rwanda; sinti; state; supra note; tool; tutsi; u.n; victims; vol", "summary": "MILTON, supra note 112, at 36-37 (discussing the Cologne and D\u00fcsseldorf regulations of 1949 which validated the 1938 directive for \u201cFighting the Gypsy Plague,\u201d and the continued 2022] LEGAL IDENTITY AS A TOOL OF STATE- SPONSORED GENECIDE 449 through the continuous oppression of Roma legal identity. \u201d351 Scheffer argues that by acknowledging precursors to genocide and other international crimes as \u201catrocity crimes,\u201d thereby avoiding the political upheaval associated with the word genocide, States would be more likely to promote earlier policymaking and intervention.352 While early warning is a key task of the United Nations Office on Genocide Prevention and the Responsibility to Protect, there are essential factors absent from its current structure: (1) the existing frameworks do not fully incorporate risk factors involving the manipulation and exploitation of group legal identity, and (2) there is a lack of publication and informing of the global community.", "mime": "application/pdf"}, {"id": "iiclr-26526", "words": "14660", "extension": ".pdf", "flesch": "62", "author": "Jacocks, Marlee", "title": "Use of Force by Law Enforcement in the United States: A Human Rights-Based Reform and the Ireland Decision Making Model", "date": "2022", "keywords": "approach; force policies; force policy; garda; human; ireland; law enforcement; model; note; officers; police; policing; reform; report; rights; supra; supra note; united states; use", "summary": "[Vol. 32:483 the situation or encounter is unfolding.164 Additionally, the level of force officers are permitted to use is the force that is \u201cnecessary.\u201d165 THE IRISH APPROACH TO LAW ENFORCEMENT USE OF FORCE A. History of Law Enforcement in Ireland B.", "mime": "application/pdf"}, {"id": "iiclr-26851", "words": "8168", "extension": ".pdf", "flesch": "45", "author": "Seatzu, Francesco", "title": "Extraditing Persons from Italy to Vatican City: Chimera or Real Possibility?", "date": "2022", "keywords": "article; city; convention; corruption; extradition; holy; international; int\u2019l; italian; italy; law; nations; persons; public; rights; state; treaty; trial; united; vatican; vatican city", "summary": "Sections 2 and 3 will consider and exclude that an obstacle to extradition from Vatican City to Italy may be inferred from the poor quality of the criminal justice system in Vatican City or from the authoritarian character of the Vatican\u2019s internal legal order that is only presumed but not demonstrated. Even admitting that all the above-mentioned considerations and facts may prove useful in demonstrating the authoritarian character of the Vatican\u2019s internal legal system (and we believe they are not for a number of decisive reasons such as that the Pope is not a dictator but an elected official, that the Vatican lacks a stable population over which to exercise its jurisdiction or imperium49 and that most of the residents of the Vatican City are there by their own choice rather than any other reason), they do not show the truth of the conclusion concerning the existence of an impediment or a legal prohibition for the Vatican authorities to formulate requests of extradition from Italy or any other country for prosecution in Vatican City.", "mime": "application/pdf"}, {"id": "iiclr-26852", "words": "13351", "extension": ".pdf", "flesch": "53", "author": "Tian, George", "title": "The Political Economy of Technology Transfer Rules of the US-China Phase One Trade Agreement: Competition of Global Technology Leadership", "date": "2022", "keywords": "agreement; china; china trade; chinese; country; current; economy; growth; investment; law; leadership; manufacturing; market; note; phase; supra; supra note; technology; technology leadership; technology transfer; trade; war", "summary": "Although the text of the POA uses the terms \u201cthe Parties\u201d to demonstrate that the commitments on IP and technology transfer are mutual, in practice, they are mainly obligations for China since China is a net importing country of technology and a primary receiver of US technology. COMPETITION OF GLOBAL TECHNOLOGY LEADERSHIP DR GEORGE TIAN * Keywords: Intellectual Property, Technology Transfer, Trade War, Phase One Agreement, Competition, Global Technology Leadership, WTO, TRIPS, the United States, China ABSTRACT Over the past four decades, Intellectual Property (IP) has been one of the main controversies of US-China trade relations.", "mime": "application/pdf"}, {"id": "iiclr-26853", "words": "17099", "extension": ".pdf", "flesch": "52", "author": "Amstutz, Jacob M.", "title": "Reclaiming America as the Land of Opportunity: How International Law Can Help the United States Increase Employment for Persons with Intellectual Disabilities", "date": "2022", "keywords": "act; ada; art; convention; court; crpd; disabilities; disability; education; employers; employment; hereinafter; intellectual; law; member; note; persons; rights; states; supra; supra note; treaty; u.n; u.s; u.s.c; united", "summary": "\u201d185 B. Legislative History of the CRPD While U.S. disability law was in its infancy during the early 1970s, the United Nations began taking the first steps towards international protections for persons with disabilities. [Vol. 32:563 left the door open to other creative solutions.212 The CRPD was largely inspired by U.S. disability law, particularly the George H. W. Bush-era ADA.213 Despite the major influence of U.S. law on the CRPD, the U.S. itself was not a part of the drafting \u201cworking group.", "mime": "application/pdf"}, {"id": "iiclr-26854", "words": "12439", "extension": ".pdf", "flesch": "57", "author": "Duncan, Madison R.", "title": "Too Young for the System: What the United States Can Learn from International Law on the Minimum Age of Criminal Responsibility", "date": "2022", "keywords": "age; children; criminal; international; justice; justice system; juvenile; law; macr; minimum; note; rights; states; supra; supra note; system; united; united states", "summary": "In 2016, CRIN conducted a global report on access to justice for children.116 Within this report, CRIN provided a global ranking that assessed and ranked 197 countries on their approaches to child rights. [Vol. 32:601 Member States with MACR\u2019s already above twelve found that as an opportunity to lower their age, which would, in turn, allow criminalization for more children in that country.86", "mime": "application/pdf"}, {"id": "iiclr-26855", "words": "12789", "extension": ".pdf", "flesch": "53", "author": "Smith, Anthony", "title": "Freedom of Expression and Social Media: How Employers and Employees Can Benefit from Speech Policies Rooted in International Human Rights Law", "date": "2022", "keywords": "article; companies; employee; employers; expression; forstater; freedom; hate; human; international; law; media; miller; police; policies; rights; speech; supra note", "summary": "As the UNGPs outline, private employers are expected to comply with IHRL, no matter the industry and no matter the size of the operation.29 Thus, the international community expects all private companies\u2014not just social media companies\u2014to adhere to international instruments, including the ICCPR.30 Much like legal scholars have advocated for social media companies to develop their speech policies in accordance with IHRL, this Note advocates for the position that private employers and employees would both benefit from internal speech policies rooted in IHRL\u2014specifically, Article 19 of the ICCPR.31 This Note argues that by creating employee speech policies rooted in the ICCPR, private companies would provide their employees with clearer guidance on what can and cannot be posted on their social media accounts, as well as clearer instruction to employees about when their posts may warrant adverse action. Over time, companies would need to periodically assess their decision making to ensure that the selected measures are helping to achieve legitimate aims and are not creating negative unintended consequences.251 If a certain company policy infringes on employee speech without advancing the company\u2019s legitimate aims, then it should be evaluated, re-worked, or even discarded.252 To ensure that restrictions on speech are necessary and proportionate, some scholars have recommended that social media companies adopt a structured, six- factor test.253", "mime": "application/pdf"}, {"id": "iiclr-27365", "words": "18024", "extension": ".pdf", "flesch": "52", "author": "Emmert, Frank", "title": "The Long Arm of the SEC in the Regulation of Digital Currencies", "date": "2023", "keywords": "act; american; antitrust; application; arm; case; cftc; commodity; conduct; court; effects; enforcement; exchange; futures; income; international; int\u2019l; investors; jurisdiction; law; laws; principle; sec; securities; states; tax; telegram; trading; u.s; u.s.c; united", "summary": ".\u201919 Consistent with this dictum, the Restatement comments on domestic rules in U.S. law dealing with the exercise of jurisdiction in international cases: \u201cThe United States exercises prescriptive jurisdiction on the bases recognized by customary international law, subject to the limits of the Constitution and the principles of statutory interpretation that determine the geographic scope of ambiguous statutes. The anticompetitive conduct itself must violate the Sherman Act and the conduct\u2019s harmful effect on United States commerce must give rise to \u2018a claim\u2019 by someone, even if not the foreign plaintiff who is before the court.42 In effect, this would have allowed a number of foreign companies domiciled in Ecuador, Panama, Australia, Mexico, Belgium, the UK, Indonesia, and Ukraine to sue an equally foreign company based in Switzerland for damages in the U.S. The obvious purpose of the action was to make use of the potential availability of treble damages under U.S. law.", "mime": "application/pdf"}, {"id": "iiclr-27366", "words": "24116", "extension": ".pdf", "flesch": "49", "author": "Kim, Kun Chol", "title": "Justice, Third-Party Funding, and Tax Treaty Arbitration", "date": "2023", "keywords": "agreement; arbitration; arbitration clause; arbitration panel; arbitration proceedings; article; case; contracting; dispute; funder; funding; international; law; map; model tax; oecd; party; party funding; shall; state arbitration; states; tax agreement; tax convention; tax treaty; tpf; treaty arbitration", "summary": "However, as tax treaty arbitration can only be initiated after the conclusion of the MAP process by the competent authorities, the number of tax treaty arbitration cases would likely be much smaller compared to non-tax treaty arbitration cases. This Article aims to highlight the importance of having the arbitration clause in a tax treaty, and focusing on the financial aspects of tax treaty arbitration, examines whether third-party funding (\u201cTPF\u201d), which has become more mainstream in traditional international arbitration proceedings, could be utilized in tax treaty arbitration to remove certain financial barriers as in other traditional arbitration proceedings by analyzing (i) any legal barriers, (ii) benefits from a justice perspective, and (iii) investment merit from a funder perspective.", "mime": "application/pdf"}, {"id": "iiclr-27367", "words": "16921", "extension": ".pdf", "flesch": "64", "author": "Lin, Mao-Hong", "title": "Trial and Error: A Comparative Perspective on the Lay Participation in Criminal Trials and Appellate Review of Errors in Taiwan", "date": "2023", "keywords": "act; citizen; citizen judges; court; criminal; decisions; error; judges; law; lay; note; review; standard; states; supra; supra note; supreme; system; taiwan; trial; u.s", "summary": "Therefore, a de novo review denotes a do-over by which appellate courts don\u2019t defer to trial courts and exercise their own independent judgment on the subject issue132 as if the trial court\u2019s decision had not been extended before.133 In theory, there is little presumption of correctness in trial court decisions when appellate courts conduct reviews of legal matters on this basis,134 This scheme substantially lowers the risk of errors for it is usually not possible that all judges make mistakes on the same occasions.145 Instead, judges on appeal may cooperate with each other to refine their legal opinions and to reach decisional correctness with the help of full access to trial records.146 In general, appellate courts are required to address legal questions in four aspects under de novo review: application of settled law to the facts, interpretation of existing rules, selection or creation of a legal rule,147 and explanation of legal analysis.148 First, most cases simply need application of settled law to the facts, where trial courts go wrong less often, than in interpretation, selection or creation of legal rules.149 Thus, the application of laws by trial court decisions are presumed to be correct and deserve more deference than in other circumstances unless a clear showing otherwise.150 Second, interpretation of statutory provisions and sometimes of the Constitution plays a dominant role in cases at the appellate level.151", "mime": "application/pdf"}, {"id": "iiclr-27368", "words": "20553", "extension": ".pdf", "flesch": "54", "author": "Reich, Arie", "title": "Should Forum Selection Clauses in International Websites be Enforced? -- A Proposed New Model", "date": "2023", "keywords": "agreements; business; case; class; clauses; consideration; consumer; content; contract; country; foreign; forum country; forum selection; information; int\u2019l; law; market; model; network; online; search; selection clause; services; site; terms; user; websites", "summary": "These considerations help construct the judicial discretion regarding the validity and enforcement of forum selection clauses, as follows: First, the model proposes to examine the nature and type of the various sites as a factor in the question of whether to enforce foreign forum selection clauses. The site uses dedicated technology that identifies the location of the community of site users, including that of the specific user involved in the lawsuit.64 This is especially the case when the site uses this technology to provide surfers with information tailored to the destination country, and in particular, to the specific user (for example, through dedicated articles or advertisements, which the site believes will interest the user).65 \u2022", "mime": "application/pdf"}, {"id": "iiclr-27369", "words": "10964", "extension": ".pdf", "flesch": "48", "author": "Sreejith, S.G.; Srinivasan, Lakshmi; Irani, Vistasp", "title": "The Philosophy of International Aviation Law", "date": "2023", "keywords": "air; article; aviation; aviation law; chicago; convention; doctrine; global; ial; iavl; icao; international; int\u2019l; law; legal; safety; sarps; sovereignty; state; state sovereignty; subjects", "summary": "However, in these discourses the paradox of the restrictiveness of state sovereignty against the need to transnationally organize civil aviation stays as subconscious influences, primarily arising from a disciplinary commitment to international law. The discipline\u2019s claim of being a specialized branch of international law and the resulting commitment to the principles of the discipline only deepened the sense of respect for the doctrine of state sovereignty.", "mime": "application/pdf"}, {"id": "iiclr-27370", "words": "13996", "extension": ".pdf", "flesch": "45", "author": "Brown, S. Isaac", "title": "The Wild West, Cryptocurrency, and Singapore: Why the United States Should Follow Singapore's Lead in Cryptocurrency Regulation", "date": "2023", "keywords": "act; coin; cryptocurrency; cryptocurrency exchanges; customer; digital; exchanges; investors; law; market; mas; note; payment; regulation; regulatory; requirements; securities; singapore; states; supra; supra note; united; united states; west; wild", "summary": "Since implementing cryptocurrency regulation, Singapore has quickly attracted the attention of the cryptocurrency and financial technology world.256 Singapore has consistently been ranked highly amongst the top cryptocurrency regulators in the world.257 In fact, 43% of Singaporeans own cryptocurrency, whereas the average nation has a cryptocurrency ownership rate of only 15.4%.258 Indeed, Singaporean citizens have taken advantage of consumer-friendly crypto regulations, as is evidenced by the fact that the Singaporean cryptocurrency ownership rate is nearly three times higher than that of average nation.259 However, the interest in the Singaporean crypto market has not been confined to its citizens\u2014cryptocurrency exchanges, too, have taken an interest in Singapore due to their regulatory scheme.260 In 2020 alone, 170 exchanges applied for MAS licensure to operate in Singapore.261 However, the City-State exercised its selective authority in electing to grant licensure to only three of these applicants.262 In doing so, Singapore shed some light on its approach to its crypto economy, which is best illustrated by a quote from Ravi Menon, the managing director of the MAS, who stated, \u201cWe don\u2019t need 160 the-global-crypto-awareness-race-062700267.html The DAO operated as an investment fund, allowing investors to vote on investment contracts to decide how their pooled funds were to be spent, with profits apportioned among them depending on the amounts of their investments.50 In 2016, however, the DAO was hacked, resulting in approximately one-third of investor funds being stolen\u2014effectively bankrupting the DAO and leaving its members at a loss.51 In response, the SEC released a DAO No Action Letter, declaring that digital tokens are \u201cinvestment contracts\u201d under Section 2 of the Securities Act, thus requiring issuers of tokens within the United States to comply with securities regulations, including registration requirements.52 In arriving at this conclusion, the SEC applied the Howey test, which was developed in SEC v. W.J. Howey Co.53 The Howey test defines investment contracts by posing four questions\u2014(1) whether there is an investment of money; (2) whether there is a common enterprise; (3) whether there is a reasonable expectation of profits from an investment; and (4) whether the investment incomes result mostly from the efforts of others.54 If these questions can all be answered in the affirmative, according to the SEC, a cryptocurrency is a security or an investment contract.55 The SEC found that the DAO tokens were securities because investors in the DAO invested money into a common enterprise, holders reasonably expected profits from their investments, and said expectations were derived solely from the efforts of others because the holders of the coins did not manage the projects.56 If a cryptocurrency asset is considered a security under Howey scrutiny it is subject to regulation under Section 5 of the Securities Act of 1933, thus making it illegal for said cryptocurrency to enter the stream of interstate commerce without being registered with the SEC.57 Further, cryptocurrency exchanges that 49.", "mime": "application/pdf"}, {"id": "iiclr-27371", "words": "13188", "extension": ".pdf", "flesch": "52", "author": "Ford, Lizzie", "title": "Convention on the Rights of Person with Disabilities and the United States: Creating a New Model for Disability Education Worldwide", "date": "2023", "keywords": "crpd; disabilities; disability; education; idea; law; note; persons; rights; school; states; students; supra; supra note; united; united states", "summary": "Additionally, students with learning disabilities are less likely to attend, and graduate from, college than students without learning disabilities.3 Even with the robust legal scheme the United States has created to further the educational opportunities of students with disabilities, these students continue to struggle, and disability education laws in the United States lack the progressive standards of international disability law.4 In response to the inadequacies of disability education law in the United States, some disability rights advocates encouraged the Senate to ratify the Convention on the Rights of Persons with Disabilities (CRPD). Therefore, the best model of disability education law in the United States and worldwide would be a law which combines both the positive aspects of the CRPD and current United States disability education law.", "mime": "application/pdf"}, {"id": "iiclr-27372", "words": "14164", "extension": ".pdf", "flesch": "53", "author": "Stinson, Jill A.", "title": "We've Got Some Work to Do: How the United States Could Benefit from Implementing Germany's Prison Employment Program", "date": "2023", "keywords": "act; bop; crime; criminal; federal; germany; incarceration; inmates; justice; law; offenders; practices; prison; prisoners; program; punishment; recidivism; release; sentences; society; supra note; system; u.s; work", "summary": "Part III advocates for implementation of inmate work programs like those of Germany in U.S. federal prisons, as well as stronger enforcement of U.S. policies already on the books, to better rehabilitate inmates and equip them with the skills necessary to reenter outside civilization. THE U.S. PRISON SYSTEM: PAST AND PRESENT Because the U.S. has separate systems for federal and state criminal law, its penal structure consists of federal prisons for those who have committed federal crimes as well as state prisons for those convicted of state crimes.24 As such, federal and state laws each play roles in U.S. prison policy;25 there is no uniform legislation governing all prisons across the country.", "mime": "application/pdf"}, {"id": "iiclr-27373", "words": "16024", "extension": ".pdf", "flesch": "59", "author": "Sui, Daniel", "title": "Towards a Pro-Patentee Regime: A Fifth Amendment to China's Patent Law", "date": "2023", "keywords": "art; case; china; chinese; courts; damages; evidence; gain; infringement; infringer; law; loss; note; patent; patent infringement; patent law; patentee; people; prc; product; property; protection; statutory; supra; u.s", "summary": "[Vol. 33:289 292 it\u2019s accounting books, Dunjun was awarded \u00a55,000,000 RMB (approximately $750,000 USD) damages, which was the exact amount it originally claimed based on the infringer\u2019s illegal gain approach.14 With many rapid changes in its patent law, China is quickly catching up with the U.S. and, in some areas, even surpassing the U.S.\u2019s leading position on patent rights protection.15 But will China, with its new patent law provisions, completely solve its inadequacy of patent damages and provide patentees a robust protection so that the law can facilitate China\u2019s ongoing 2025 economic structural transformation plan?16 The new provisions in China\u2019s patent law could provide a stronger safeguard to patent owners than before, but there still are a few critical shortcomings that China should be focusing on to thoroughly resolve the issue of inadequate damages and become a real pro-patentee regime. If a patentee is not able to use all three approaches, he may resort to the statutory damages provision.39 Under this provision, the court will decide the damages amount in total of not less than \u00a510, 000 RMB but not more than \u00a51,000,000 RMB (approximately $1,500 USD and $150,000 USD, respectively) by taking into account such factors as the type of patent and the nature and circumstances of the infringement.40 By eliminating an injured patentee\u2019s burden of production, statutory damages provide a fallback that assure that the patentee obtains some legal remedy even if he fails to produce sufficient evidence to prove his actual losses, infringer\u2019s profits, or reasonable royalties.41 However, many legal scholars have observed that statutory damages have become the courts\u2019 predominant method of determining infringement damages and, as a result, the damages awarded are far from adequate in terms of compensating the injured patentees\u2019 actual loss.42", "mime": "application/pdf"}, {"id": "iiclr-27374", "words": "17005", "extension": ".pdf", "flesch": "50", "author": "Walker, Jessie K.", "title": "Paving a New Pathway to Permanent Residency: A Canadian-Inspired Proposal for International Students, Undocumented Immigrants, and the United States", "date": "2023", "keywords": "american; applicants; canada; canadian; education; employment; family; hong; immigrants; immigration; international; kong; law; new; note; pathway; refugee; residency; status; students; supra; supra note; u.s; united; visa; year", "summary": "Ashoff, supra note 108 at 95 (\u201cInternational students typically pay full tuition and provide universities with opportunities to access global sources of revenue.\u201d); Do international students get what they pay for?, BBC (May 20, 2019), https://www.bbc.com/news/world-us-canada-48288733# :~:text=On%20average%2C%20international%20students%20in,formulas%20apply%20in%20 other%20countries.&text=At%20a%20time%20when%20many,of%20revenue%20for%20man y%20institutions The current version of student visa to permanent residency is muddled and https://www.businessinsider.com/foreign-students-pay-up-to-three-times-as-much-for-tuition-at-us- public-colleges-2016-9 [https://perma.cc/EX5P-DNAH].", "mime": "application/pdf"}, {"id": "iiclr-27375", "words": "5498", "extension": ".pdf", "flesch": "52", "author": "Young-Schlee, Megan", "title": "The Right to \"Take Part in Cultural Life\" and Censorship of Queer Media", "date": "2023", "keywords": "censorship; community; culture; gender; human; international; law; life; media; note; queer; rights; states; u.n", "summary": "In a way, queer rights and cultural rights are expanding in parallel. Cultural rights protect the expression of culture and the enjoyment of cultural and scientific progress.15 The U.N. Committee on Economic, Social and Cultural 11.", "mime": "application/pdf"}, {"id": "iiclr-27376", "words": "27034", "extension": ".pdf", "flesch": "65", "author": "Symposium", "title": "Transcript", "date": "2023", "keywords": "abortion; access; cedaw; discrimination; education; gender; health; indiana; international; law; laws; life; look; need; people; professor; review; right; sex; states; survivors; symposium; thank; title; today; trafficking; united; way; women; work", "summary": "Her research looks at the evolution of human trafficking law in the United States exploring the ways in which litigators have mobilized human trafficking law in different contexts. The US Women\u2019s World Cup team identified the inequities that they face once they were playing professionally and won a groundbreaking pay equity lawsuit that is sure to benefit US women as a whole, and all of that is aside from the ways in which athletic participation helps girls develop leadership skills, and has many other positive effects on their lives.", "mime": "application/pdf"}, {"id": "iiclr-27377", "words": "16094", "extension": ".pdf", "flesch": "51", "author": "Davis, Benjamin G.", "title": "Sanctimonious Barbarity: The Forced Pregnancy Alito Dobbs Opinion", "date": "2023", "keywords": "abortion; access; act; american; barbarity; care; convention; court; discrimination; dobbs; dobbs opinion; france; health; international; law; laws; medical; opinion; person; pregnancy; review; rights; state; united; united states; women", "summary": "It also examines the activism of African-American women in the establishment of family planning clinics and in defense of abortion rights.\u201d). It is reasonable to believe that the heavy weight of these forced pregnancy burdens is falling and will fall disproportionately on pregnant women of color and pregnant persons in a form of racial discrimination either by purpose or effect.105 V. SANCTIMONIOUS BARBARITY Reaction to becoming pregnant can range from the most profound elation to the most profound dread and regret.", "mime": "application/pdf"}, {"id": "iiclr-28373", "words": "26113", "extension": ".pdf", "flesch": "66", "author": "Rarick et al, Hannah", "title": "Transcript: Building LGBTQ+ Inclusive Legal Systems", "date": "2024", "keywords": "access; april; care; community; court; discrimination; gender; indiana; law; laws; lgbtq+; lot; need; people; person; public; question; review; rights; sort; states; symposium; thank; time; today; trans; uganda; violence; women; work", "summary": "It respects the other person, and I have a lot to learn from other people.\u201d And a lot of those folks take action, or they rile up other people to take action.", "mime": "application/pdf"}, {"id": "iiclr-28374", "words": "3940", "extension": ".pdf", "flesch": "41", "author": "Onziema, Pepe Julian; Arinda, Daphine", "title": "Ubuntu and African Restorative Justice Mechanisms as Building Blocks for an LGBTQI+ Inclusive Legal System: A Focus on the Right to Housing, Legal Recognition and Corporate Accountability for LGBTQI+ Inclusion", "date": "2024", "keywords": "african; discrimination; gender; housing; identity; individuals; laws; lgbtqi+; people; recognition; rights; uganda", "summary": "3. J. Oloka-Onyango, Debating love, human rights and identity politics in East Africa: The case of Uganda and Kenya, 15 AFR. We should push for secular laws that respect universality above cultural relativism when dealing with human rights of LGBTQI+ persons.", "mime": "application/pdf"}, {"id": "iiclr-28375", "words": "15000", "extension": ".pdf", "flesch": "49", "author": "Fernanda Rotondo, Maria; Esteban Barrientos, Fernando; Roc\u00edo Gramajo, Parache; Emilio Gonz\u00e1lez, Martin; Vallino Moyano, Florencia", "title": "Cis, Trans and Lesbian Women in Situations of Violence and Access to Justice in Northwest Argentina: From Diagnosis to Action", "date": "2024", "keywords": "access; action; argentina; art; community; crimes; diagnosis; discrimination; gender; gender identity; group; human; identity; justice; law; lgbti+; life; orientation; people; person; public; research; rights; sexual; state; trans; transvestite; violence; women", "summary": "Investigating transvesticides and transfemicides as gender crimes from the outset ensures that the most complex and broadest hypothesis is upheld from the beginning, which means that no clue or line of investigation is left without being evaluated, and it also implies a strong symbolic impact on society, by making visible the distinctive and characteristic element of the crime, which is violence against gender identities. But most countries still do not accept two [sic] other aspects of human diversity: that people have different sexual orientations and different gender identities; that two women or two men can fall in love with each other; and that a person\u2019s identity, as a female or male or neither, is not always determined by the type of body into which they were born.\u201d", "mime": "application/pdf"}, {"id": "iiclr-28376", "words": "15952", "extension": ".pdf", "flesch": "46", "author": "Fernanda Rotondo, Maria; Esteban Barrientos, Fernando; Roc\u00edo Gramajo, Parache; Emilio Gonz\u00e1lez, Martin; Vallino Moyano, Florencia", "title": "Las Mujeres Cis, Trans y Lesbianas en Situaci\u00f3n de Violencia y el Acceso a La Justicia en el Noroeste Argentino: Del Diagn\u00f3stico a la Acci\u00f3n", "date": "2024", "keywords": "acceso; acci\u00f3n; argentina; art; as\u00ed; casos; cis; colectivo; como; comp; comunidad; con; con el; con la; contra; cr\u00edmenes; de g\u00e9nero; de la; de los; de su; del; derechos; desde; diagn\u00f3stico; discriminaci\u00f3n; en el; en la; en los; entre; esta; estado; este; estos; expresi\u00f3n; fue; grupo; g\u00e9nero; g\u00e9nero y; humanos; identidad; identidad de; indiana; internacional; int\u2019l; investigaci\u00f3n; justicia; la identidad; la ley; las; las mujeres; las personas; law; ley; lgbti+; los; los derechos; lugar; muerte; mujeres; m\u00e1s; nacional; obst\u00e1culos; odio; orientaci\u00f3n; para; parte; penal; personas; por; por el; por la; principios; que; que el; que la; que se; reconocimiento; review; ser; sexual; sin; situaci\u00f3n; sobre; sociales; sus; tambi\u00e9n; tienen; todos; trabajo; trans; trans y; travesticidio; travestis; una; vez; vida; violencia; vol; y de; y el; y en; y la; y los; y que", "summary": "Nos permiti\u00f3 pensar en una metodolog\u00eda de investigaci\u00f3n que de la mano de la epistemolog\u00eda se construye en cuanto cr\u00edtica.\u201d Se considera fundamental llevar a cabo a la toma de decisiones de forma conjunta, orientada hacia la creaci\u00f3n de comunidades autocr\u00edticas con el objetivo de transformar el medio social.10 Esto nos permite pensar en la Investigaci\u00f3n Acci\u00f3n Participativa como una forma de democratizaci\u00f3n y socializaci\u00f3n del saber en un sentido emancipatorio porque los sectores participantes van adquiriendo dominio y comprensi\u00f3n de los procesos y los fen\u00f3menos sociales en los que est\u00e1n inmersos y de la significaci\u00f3n de los problemas que les aquejan.", "mime": "application/pdf"}, {"id": "iiclr-28377", "words": "10914", "extension": ".pdf", "flesch": "57", "author": "Tracz, Eliot", "title": "Medical Revolt and the Abandonment of the Dutch Protocol: Comparative Views on the Provision of Gender-affirming Care to Children", "date": "2024", "keywords": "adolescents; care; children; court; dutch; dysphoria; gender; gender dysphoria; health; health care; identity; law; medical; professionals; protocol; puberty; review; sex; state; transgender; treatment", "summary": "We recommend health care professionals conducting an assessment with gender diverse children consider relevant developmental factors, neurocognitive functioning, and language skills. We recommend health care professionals conducting an assessment with gender diverse children consider factors that may constrain accurate reporting of gender identity/gender expression by the child and/or family/caregiver(s).", "mime": "application/pdf"}, {"id": "iiclr-28414", "words": "31665", "extension": ".pdf", "flesch": "50", "author": "Minot, George; Keyzer, Patrick; Gledhill, Kris", "title": "Tribute to Professor George E. Edwards", "date": "2024", "keywords": "australia; bay; christmas; committee; e. edwards; faculty; george; george edwards; guantanamo; human; human rights; indiana; indiana international; indiana shadow; international; international law; island; iu mckinney; law; law professor; law review; law school; law students; ll.m; mckinney; mckinney law; military; pihrl; professor edwards; professor george; program; project; report; research; rights law; shadow; students; torture; u.s; un human; un torture; united; university; work; world; years", "summary": "Lieutenant Colonel Padgett 134 When I arrived at Guantanamo as Commissions Liaison Officer, they suggested I read the Guantanamo Fair Trial Manual that Professor Edwards and IU McKinney law students wrote, so I could better understand what was going on. The following four articles in this issue of the Indiana International and Comparative Law Review pay tribute to Professor Edwards and his distinguished record at IU McKinney, and to the Program in International Human Rights Law he founded at the law school, and address the positive impact he and the Program had on IU McKinney students, faculty, staff, and graduates, and on countless people in Indiana, throughout the United States, and around the globe.", "mime": "application/pdf"}, {"id": "iiclr-28415", "words": "11447", "extension": ".pdf", "flesch": "54", "author": "Bantekas, Illias", "title": "Language in International Law: Meaning and Construction of Its Underlying Culture", "date": "2024", "keywords": "arbitration; article; case; context; courts; english; football; international; int\u2019l; language; law; meaning; parties; proceedings; rights; translation; treaties; treaty; tribunal; words", "summary": "In equal measure, the way that ruling elites translate concepts found in other languages into their own might be completely different from the original meaning ascribed to the concept in the first language. Umbrella clauses offer a good example of the complexity of legal language.", "mime": "application/pdf"}, {"id": "iiclr-28416", "words": "28471", "extension": ".pdf", "flesch": "47", "author": "Kielsgard, Mark; Kembero Ogega, Joshua", "title": "Boycotting Chinese Genocide and the Duty to Prevent: Opportunities Lost in the 2019-2021 UK Trade Bill", "date": "2024", "keywords": "apr; article; aug; bill; case; china; chinese; collective; comp; convention; countries; country; court; duty; economic; economy; embargo; eur; exports; feb; foreign; genocide; genocide case; global; goods; government; growth; https://www; human; impact; indiana; influence; int\u2019l; jan; law; mar; means; measures; morning; note; nov; obligation; oil; party; policy; post; prevention; proportionality; review; rights; russia; s. china; sanctions; state; supra; times; trade; trade sanctions; u.s; ukraine; united; vol; war; world; xinjiang", "summary": "China trade balance, exports and imports by country 2020, WORLD INTEGRATED TRAD SOL., https://wits.worldbank.org/CountryProfile/en/Country/CHN/Year/2020/TradeFlow/EXPI MP/Partner/by-country China trade balance, exports and imports by country and region 2020, WORLD INTEGRATED TRADE SOL., https://wits.worldbank.org/CountryProfile/en/Country/CHN/Year/ 2020/TradeFlow/EXPIMP [https://perma.cc/XVT7-5J7E].", "mime": "application/pdf"}, {"id": "iiclr-28417", "words": "18277", "extension": ".pdf", "flesch": "56", "author": "Wallace, Trent", "title": "Mau Forest Evictions in Kenya: How An International Tribunal\u2019s Affirmation of Indigenous Rights Differs from Federal Indian Law in the United States", "date": "2024", "keywords": "african; american; case; court; federal; forest; government; human; indian; international; land; law; note; ogiek; peoples; property; recognition; religion; rights; states; supra; tribes; united; united states", "summary": "In this Note, the author contrasts a recent decision from an international tribunal, the African Court on Human and People\u2019s Rights, with United States law in the areas of tribal recognition, religious rights, and property rights. As this Note demonstrates by highlighting the differences between the outcomes of the case and United States law, United States law is incompatible with international law standards and provides fewer protections for its Indigenous peoples.", "mime": "application/pdf"}, {"id": "iiclr-28418", "words": "14843", "extension": ".pdf", "flesch": "58", "author": "Meyers, William", "title": "Should I Stay, or Should I Go? Analyzing the Dilemma of Dual Citizens Subject to FATCA and FBAR Reporting in a Citizenship Based Taxing Regime", "date": "2024", "keywords": "account; citizens; compliance; fatca; fbar; filing; foreign; internal; irs; note; penalty; revenue; serv; states; supra; supra note; tax; taxpayers; united; united states", "summary": "A whistleblower alleged that UBS AG Bank assisted United States taxpayers in evading taxes through foreign accounts held by the bank; in exchange for deferred prosecution, the bank agreed to cooperate with the U.S. investigation and settle the claim for$780 million.94 FATCA requires compliance from both foreign financial institutions and qualified individuals that are citizens, green card holders, and a certain group of individuals that reside within the United States for a certain period of time. The government alleged that \u201cUBS executives helped United States taxpayers open new UBS accounts in the names of nominees and/or sham entities . . .", "mime": "application/pdf"}, {"id": "iiclr-28419", "words": "16131", "extension": ".pdf", "flesch": "53", "author": "Prible, Thomas R.", "title": "Walking on Hot Coals: Using the Inter-American Human Rights System to Protect Black Communities\u2019 Right to a Healthy Environment", "date": "2024", "keywords": "action; agency; american; ash; case; coal; communities; community; court; environmental; env\u2019t; epa; human; iachr; indiana; inter; justice; law; note; people; racism; rights; states; supra; u.s; uniontown; united; waste", "summary": "Since that ground-breaking declaration, more than three-fourths of the world\u2019s constitutions include \u201cexplicit references to environmental rights.\u201d The European Court of Human Rights has ruled over 300 environmental related cases and stresses the importance of connecting environmental protection to human rights law.", "mime": "application/pdf"}, {"id": "iiclr-28441", "words": "18063", "extension": ".pdf", "flesch": "54", "author": "Chen, Ying; Sheehy, Benedict", "title": "Conceptualizing Multi-Level Legal Systems to Address Global Food Security: The Hard Law-Soft Law Interface of International Law and Corporate Social Responsibility", "date": "2024", "keywords": "availability; change; chen; climate; corporations; countries; covid-19; crisis; csr; development; food; food security; human; hunger; insecurity; international; int\u2019l; law; level; pandemic; report; responsibility; right; sector; sheehy; states; supply; supra note; systems; trade; ukraine; united; world", "summary": "Given that global food security is a well-recognized and fundamental human right worthy of protection, this Article examines the existing legal regimes\u2014from the international, through the regional and national to organizational levels. Recognizing the critical role of commercial activities and enterprises in global food security, this Article argues that there is a need for direct, purposeful engagement by companies of all sizes, from multinational corporations (\u201cMNCs\u201d) to small and midsize enterprises (\u201cSMEs\u201d) to address global food security.", "mime": "application/pdf"}, {"id": "iiclr-28442", "words": "16257", "extension": ".pdf", "flesch": "66", "author": "Hendley, Kathryn", "title": "Is Justice Possible in Russian Courts? A Case Study of Housing Disputes", "date": "2024", "keywords": "apartment; art; cases; code; contract; courts; disputes; evidence; hendley; housing; int\u2019l; judges; justice; law; lawyers; note; parties; plaintiffs; review; russian; soviet; state; supra; supra note; testimony; witnesses", "summary": "In addition, a series of U.S.-based studies has presented compelling evidence that having counsel in housing cases has a positive effect. 161 Second, unlike the vast majority of housing cases, in which the courts serve as a glorified debt collector, the disputes animating the analyzed cases were not straightforward.", "mime": "application/pdf"}, {"id": "iiclr-28443", "words": "17790", "extension": ".pdf", "flesch": "55", "author": "Rarick, Hannah", "title": "Indigenous Arts and Crafts and Copyright Law: A Comparative Analysis of the United States and Australian Legal Frameworks", "date": "2024", "keywords": "act; art; arts; australia; bill; communities; community; copyright; copyright law; crafts; expressions; iaca; indian; intellectual; knowledge; law; laws; native; note; property; protection; rights; states; supra; united; work", "summary": "This note will analyze the benefit of copyright in protecting indigenous community art through a comparison of the Australian Aboriginal community and the United States Native American community and propose recommendations to the legal system when the copyright laws fall short. Both countries can instill more protection towards their large indigenous communities by utilizing a legal field that is meant to protect original expression: copyright law.", "mime": "application/pdf"}, {"id": "iiclr-28444", "words": "15601", "extension": ".pdf", "flesch": "53", "author": "Svendsen, Abigail", "title": "Educational Prerogative or Public Health Program: A Comparative Approach to Sex Education Policies in the United States and Spain", "date": "2024", "keywords": "abstinence; approach; country; federal; funding; government; health; health education; indiana; information; instruction; law; legislation; note; policy; pregnancy; programs; schools; sex education; sexual; spain; standards; states; students; supra; united", "summary": "Additionally, the author of this Note was unable to find reputable scientific studies that disputed the claimed health benefits of comprehensive sex education, nor could the author find scientific studies that concluded that abstinence-only sex education has a positive effect on adolescents\u2019 overall sexual health.82 D. State Regulations and Local School Board Autonomy When it comes to what states regulate in terms of sex education, the results are incredibly varied. Illinois approaches sex education from a comprehensive standpoint, having just recently passed a law enforcing comprehensive sex education.", "mime": "application/pdf"}, {"id": "iiclr-28445", "words": "12808", "extension": ".pdf", "flesch": "61", "author": "Taylor, Susanna A.", "title": "Achieving Paris Agreement Goals by Addressing Cropland Fundamentals: Real Property Recording and Landlord-Tenant Lease Length", "date": "2024", "keywords": "agreement; atmosphere; carbon; carbon sequestration; change; climate; cropland; emissions; farm; land; lease; net; operator; paris; practices; recording; sequestration; soil; supra note; united; use", "summary": "As a result, the impacts of marketable credits for soil carbon sequestration should be discussed when contracting.304 Farm ownership may change over a long contract period, but to be environmentally effective, there is a need for long-term durable carbon \u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014 293. Cropland provides a carbon sink and thus a market is created to purchase additional sequestered carbon for the benefit of the corporation and global interest in succeeding at complying with the Paris Agreement\u2019s goal to keep the increase in global temperature less than 1.5\u00b0 Celsius.206 To understand the challenges presented for carbon sequestration practices and thus the selling of carbon credits to a market, it is important to consider relevant real property issues such as United States recording practices and how the existing system presents prohibitive barriers for proper participation from brokers in the existing carbon market.", "mime": "application/pdf"}, {"id": "iiclr-28784", "words": "14228", "extension": ".pdf", "flesch": "61", "author": "Azevedo, Rodrigo Bellotti", "title": "Corporate Liability Lawsuits Against Officers, Directors, and Controlling Shareholders: An Empirical Overview of the Brazilian Experience", "date": "2025", "keywords": "art; arts; cases; corporation; directors; figure; lawsuits; liability lawsuits; lsa; note; officers; shareholders; supra", "summary": "The only exception to this conclusion was that in the first 10 years of the analyzed period (i.e. from 1987 to 1997), the total number of filed lawsuits was particularly low \u2013 just eight in total. Recently, the use and the scope of shareholder derivative lawsuits have become the subject of questions and mixed reactions amongst scholars and practitioners.", "mime": "application/pdf"}, {"id": "iiclr-28785", "words": "11031", "extension": ".pdf", "flesch": "43", "author": "Li, Howard Jyun-Syun", "title": "Understanding Undervaluation: A Law and Psychology Analysis of the WTO Environmental Goods Agreement", "date": "2025", "keywords": "agreement; change; climate; countries; ega; goods; harm; impact; individuals; interests; international; int\u2019l; law; note; people; psychology; research; states; supra; undervaluation; wto", "summary": "The self-identity created by political borders could also impact the valuation in environmental transboundary environmental harm. Reactions to transboundary environmental harm share similar psychological characteristics in that humans respond differently when confronted with it.", "mime": "application/pdf"}, {"id": "iiclr-28786", "words": "37682", "extension": ".pdf", "flesch": "54", "author": "Liu, Richard; Pope, Thaddeus Mason; Xu, April Xiaoyi", "title": "Deep and Continuous Palliative Sedation Without Artificial Nutrition and Hydration: An International Review", "date": "2025", "keywords": "act; artificial; canada; care; case; code; colombia; court; criminal; death; decision; dying; end; euthanasia; guidelines; health; hydration; jurisdictions; law; legality; life; medical; note; nutrition; pain; palliative; palliative care; patient; physician; practice; pss\u0304 anh; review; right; section; sedation; state; suffering; suicide; supra; terminal; treatment; type; use", "summary": "Artificial nutrition and hydration are not generally expected to benefit the patient receiving palliative sedation, however questions about the use of artificial nutrition and hydration should be addressed before palliative sedation is undertaken.387 Like the AAHPM, the National Hospice and Palliative Care Organization (the \u201cNHPCO\u201d) sets out several specific conditions that must be met before PSs\u0304 ANH is acceptable: Palliative sedation is the lowering of patient consciousness using medications for the express purpose of limiting patient awareness of suffering that is intractable and intolerable. In two respects, this Article goes beyond the rules on palliative sedation laid down in health care guidelines.10 First, studies analyzing guidelines in various jurisdictions demonstrate that guidelines often do not discuss Type 3 PSs\u0304 ANH (or any type of PSs\u0304 ANH).", "mime": "application/pdf"}, {"id": "iiclr-28787", "words": "13535", "extension": ".pdf", "flesch": "54", "author": "Welter, Lauren", "title": "With the Banned: School Book Bans Defy Domestic and International Values", "date": "2025", "keywords": "bans; board; book; children; court; education; international; law; library; literature; model; note; rights; school; states; students; supra; text; uniform; united", "summary": "38 Secretary of State Alexi Gianoulias best encompasses the reasoning for Illinois\u2019s unprecedented legislation, as he stated that \u201cbanning books contradicts the very essence of what our country stands for [and] defies what education is all about: teaching our children to think for themselves.\u201d According to PEN America, as of September 2022, 41% of banned books had main or secondary characters of color and 22% dealt with race and/or racism.", "mime": "application/pdf"}, {"id": "iiclr-28788", "words": "12224", "extension": ".pdf", "flesch": "57", "author": "DeLey, Drew", "title": "How Digital Sports Wagering Fuels the Impending Gambling Epidemic in the United States and the Australian Cautionary Tale", "date": "2025", "keywords": "advertisements; advertising; australia; betting; cigarette; commission; federal; gambling; gaming; health; industry; law; murphy; note; online; paspa; sports; sports gambling; sports wagering; states; tobacco; u.s; united; wagering", "summary": "The second concern aimed to protect America\u2019s youth from the promotion of sports gambling. The Murphy Decision In Murphy, the National Collegiate Athletic Association (NCAA), along with professional sports teams, sued the state of New Jersey for enacting a law legalizing sports gambling in violation of PASPA.", "mime": "application/pdf"}, {"id": "iiclr-28789", "words": "14249", "extension": ".pdf", "flesch": "48", "author": "Pritchett, Caden", "title": "Inclusion v. Fairness: Adhering to Denmark's Approach for Transgender Participation in Women's Sports", "date": "2025", "keywords": "athletes; compete; danish; denmark; dif; fairness; high; inclusion; indiana; ioc; law; male; ncaa; note; participation; puberty; school; sports; states; supra; supra note; transgender women; united; women", "summary": "Most recently, there has been light shed on the controversial issue of inclusion and fairness as they relate to transgender women participating in women\u2019s sports. 3 Over the last several years, transgender women have been fighting for recognition in this world, which began with the desire to compete in sports with and among biological women.", "mime": "application/pdf"}, {"id": "iiclr-29048", "words": "24354", "extension": ".pdf", "flesch": "74", "author": "Martin, Allison; Berg, Amy; Maciejewski, Zachary; Janzen, Todd; Schroeder, Brianna; Barley, Julia", "title": "Transcript: Deciding what's on the dinner docket", "date": "2025", "keywords": "additives; california; carbon; chain; color; consumers; epa; farm; food; indiana; issues; kind; law; lot; products; regulations; review; right; sort; states; symposium; things; time; united; use; way", "summary": "Those entities that are global entities that are wanting to import food products into United States have to keep that in mind that there\u2019s no generally recognized as safe exemption under the EU, so they wouldn\u2019t be utilizing that anyways if they were in the EU. So, I don\u2019t think we\u2019ve seen the end of those direct voter initiatives addressing food products, agricultural products, and how they are raised.", "mime": "application/pdf"}, {"id": "iiclr-29049", "words": "6312", "extension": ".pdf", "flesch": "58", "author": "Wright, R. George", "title": "The Loper Bright Regulatory Landscape", "date": "2025", "keywords": "agency; authority; bright; chevron; court; deference; law; loper; statute; u.s", "summary": "Loper Bright here criticizes what it takes to be the Chevron requirement that \u201ccourts mechanically afford binding deference to agency interpretations, including those that have been inconsistent over time. A number of exceptions have accreted to this notably deferential Auer standard.89 But despite, if not partly because of, the sundry exceptions to strong judicial deference to agency interpretations of their own rules, Auer deference may well not withstand the logic and \u201cmood\u201d of Loper Bright, despite the Court\u2019s recent reaffirmation of the Auer doctrine.90More broadly, Loper Bright may start the Court down a path of increasing complexity with a resemblance to the history of both Auer and Chevron deference.", "mime": "application/pdf"}, {"id": "iiclr-29050", "words": "12023", "extension": ".pdf", "flesch": "49", "author": "S. Berg, Amy", "title": "Food Safety and Synthetic Chemicals - An International Comparison", "date": "2025", "keywords": "additive; chemicals; color; epa; fda; food; food additive; health; human; o.j; pesticide; pfas; products; regulation; safety; substance; u.s; use", "summary": "Food additives may be naturally occurring or man-made. As described in more detail below, food additives, including color additives in the U.S., must be evaluated for their safety before use.", "mime": "application/pdf"}, {"id": "iiclr-29051", "words": "5189", "extension": ".pdf", "flesch": "47", "author": "Paradise, Jordan", "title": "Cheech and Chong Go to Court: Legal Challenges to California's Prohibition of Hemp in Food Products", "date": "2025", "keywords": "california; cannabis; drug; fda; food; health; hemp; law; products; public; thc; use", "summary": "The FDA makes warning letters to allegedly violative products containing CBD and other cannabis-derived products publicly available on its website.52 Most of the letters address drug or biologic products rather than hemp, though several address adulteration issues within facilities manufacturing hemp food products or problems with inaccurate \u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014 44. Food products are generally not subject to premarket approval unless they contain a food additive or color additive that is not listed as safe for use in food.", "mime": "application/pdf"}, {"id": "iiclr-29056", "words": "20908", "extension": ".pdf", "flesch": "46", "author": "Chen, I-Ching", "title": "From Carbon Emissions, Data Privacy, To Self-Driving: How Transnational Corporations Shape Global Technical Standards and Governance", "date": "2025", "keywords": "406118-iicl_35-3_text.indd; accountability; actors; aug; bmw; corporations; documents; emissions; global; governance; influence; international; int\u2019l; ios; knowledge; law; legitimacy; note; participation; pm5/15/25; power; process; public; review; session; setting; standard; supra; supra note; technical; tncs; ungc; wltp; world; wp.29", "summary": "When IOs adopt standard proposals submitted by TNCs without fully considering their potential influence on vulnerable countries, they inadvertently support TNCs in unequally distributing global resources.248 TNCs use standards to distribute resources within their supply chains to enlarge profit.249 Consequently, cost reduction, profit generation, and benefits exchanges are often embedded in their standards and codes of conduct.250 Companies in third-world countries are more likely to be unequally treated, and their resources are usually sacrificed. Although automotive TNCs are dedicated to investing in local industries in third-world countries, they still control essential knowledge that secures their positions within supply chains.252 Without critical knowledge, industries in third-world countries can only depend on TNCs for survival,253 thereby maintaining the hierarchy within automotive supply chains,254 demonstrating the material power of TNCs to control industries in other countries.", "mime": "application/pdf"}, {"id": "iiclr-29057", "words": "31912", "extension": ".pdf", "flesch": "62", "author": "Mukum Mbaku, John", "title": "State Responses to the COVID-19 Pandemic and Their Impact on Human Rights in South Africa", "date": "2025", "keywords": "act; africa; case; ccl; children; constitution; court; covid-19; d. 406118-iicl_35-3_text.indd; disabilities; disaster; government; human; international; judge; law; learners; measures; minister; pandemic; para; pm5/15/25; public; rights; south; south africa; state", "summary": "When COVID-19 came to South Africa in 2020, the country opted not to enact new laws to provide the government emergency powers to manage the pandemic.469 Instead, the government used existing constitutional law (e.g., the Bill of Rights) and statutes (e.g., the Disaster Management Act 57 of 2002), as well as binding international human rights law. The right to health is a fundamental right under international human rights law, it is an important part of the U.N. Sustainable Development Goals, and it is guaranteed as part of the bills of rights of many countries, including those in Africa.475 For example, \u00a7 27(1)(a) of the Constitution of the Republic of South Africa states that \u201c[e]veryone has the right to have access to\u2014(a) health care services.", "mime": "application/pdf"}, {"id": "iiclr-29058", "words": "18468", "extension": ".pdf", "flesch": "42", "author": "Novakovic, Filip", "title": "Harmonizing Justice: Unraveling the Complexities of the European Arrest Warrant in the Pursuit of Cross-Border Security and Human Rights Protection", "date": "2025", "keywords": "arrest; arrest warrant; article; case; council; court; criminal; days; eaw; european; extradition; framework decision; implementation; justice; law; member; note; person; principle; proceedings; rights; state; supra; warrant", "summary": "The negotiations involved the Council, the European Parliament, and the European Commission, focusing on amendments and additions to the proposed Framework Decision on EAW.22 Fennelly highlights that a concrete agreement was not reached until the session of the Council convened in 2001 in Laeken.23 A notable example is Ireland\u2019s refusal to extradite one of its nationals to a claimant country, Hungary, following an incident where the individual was involved in a vehicular accident resulting in the tragic death of two children.167 This refusal, without a clear legal basis, raises concerns about potential political influences impacting the execution of the EAW.168 Mitigating the politicization of EAW cases is critical for upholding the integrity of the legal process and ensuring that the extradition system remains in accordance with legal principles rather than becoming a tool for political agendas.", "mime": "application/pdf"}, {"id": "iiclr-29059", "words": "10256", "extension": ".pdf", "flesch": "59", "author": "Goodall, Farrah", "title": "Labor Courts: Past the Polarization of the National Labor Relations Board and Towards Stable Labor Law in the United States", "date": "2025", "keywords": "bankruptcy; board; cases; courts; decisions; employees; employer; federal; labor; labor courts; law; nlra; nlrb; note; supra; u.s; union", "summary": "The differences between Sweden\u2019s labor law landscape and U.S. labor law should not be a deterrence for implementing labor courts in the U.S. While the structure would differ, the idea is the important takeaway. Employers and employees alike would know what to expect from labor court decisions based on the labor code.", "mime": "application/pdf"}, {"id": "iiclr-29060", "words": "10643", "extension": ".pdf", "flesch": "52", "author": "Stange-Weig, Alexandra", "title": "Bacon Business: An International Comparison Between the United States and European Union in Light of Evolving Pig Confinement Standards", "date": "2025", "keywords": "406118-iicl_35-3_text.indd; animal; california; council; directive; european; federal; health; law; pig; pigs; pork; producers; prop; states; union; united; united states; usda; welfare", "summary": "In 2013, United States pig farms with over 2,000 head of pigs account for eighty- seven percent of the national herd.103 In 2023, Iowa has by far the most pig operations, with its contiguous neighbor Minnesota coming in second, then North Carolina, Illinois, Indiana, and Nebraska respectively.104 Basically the entirety of the United States pork production happens in this central, southeastern region. PIG WELFARE BACKGROUND The similar economic structures of the European Union and United States make for a reliable comparison in analyzing pig welfare laws because of the impact that expanding stall space has on the pork market.", "mime": "application/pdf"}]