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Rethinking Isds, George Kahale III 2018 Brooklyn Law School

Rethinking Isds, George Kahale Iii

Brooklyn Journal of International Law

The author is Chairman of Curtis, Mallet-Prevost, Colt & Mosle LLP and has acted as lead counsel for respondent states in many investor-state arbitrations, including several of the cases referred to herein. His article won the 2019 Burton Award for Distinguished Legal Writing.


From Discretion To Law: Rights-Based Concerns And The Evolution Of International Sanctions, Christopher Roberts 2018 Brooklyn Law School

From Discretion To Law: Rights-Based Concerns And The Evolution Of International Sanctions, Christopher Roberts

Brooklyn Journal of International Law

This Article considers the manner in which rights-based concerns have increasingly impacted upon the nature of international sanctions regimes. First, this Article considers two better-known instances of this impact—the manner in which general sanctions became more targeted, and the manner in which due process concerns came to receive greater respect in the context of targeting decisions. Following these investigations, this Article turns to explore a third, under-recognized development—the gradual evolution of a sense that sanctions may be required in certain instances. It explores this development by highlighting the growing scope of understandings of responsibility within various bodies of ...


The Inaugural Brooklyn Lecture On International Business Law: “Isds: The Wild, Wild West Of International Practice”, George Kahale III 2018 Brooklyn Law School

The Inaugural Brooklyn Lecture On International Business Law: “Isds: The Wild, Wild West Of International Practice”, George Kahale Iii

Brooklyn Journal of International Law

The lecture was delivered on April 3, 2018 at Brooklyn Law School and was sponsored by the Dennis J. Block Center for the Study of International Business Law and the Brooklyn Journal of International Law.


Moving From Management To Termination: A Case Study Of Prolonged Occupation, David Hughes 2018 Brooklyn Law School

Moving From Management To Termination: A Case Study Of Prolonged Occupation, David Hughes

Brooklyn Journal of International Law

In 2017, the Israeli occupation of the Palestinian territories reached a half-century in duration. This reignited a conversation amongst legal scholars. In articles and books, lawyers questioned the efficacy of occupation law. They asked whether it had become an anachronism. Across Israel and the Palestinian territories, those that directly invoke the law of occupation sought a more effective means of adapting the law to meet the exigencies of a fifty-year-old occupation. The accompanying debates recalled questions concerning the legal treatment of prolonged occupation. This article seeks to fundamentally alter the recurring discourse. Built around a detailed case study of Israel ...


Chancing The Arm To Save The Face: The Fight For Irish Gaelic Recognition And Ending The Stormont Deadlock, Samantha F. Sigelakis-Minski 2018 Brooklyn Law School

Chancing The Arm To Save The Face: The Fight For Irish Gaelic Recognition And Ending The Stormont Deadlock, Samantha F. Sigelakis-Minski

Brooklyn Journal of International Law

Since January 2017, the Northern Irish government has been shut down, with both the Executive and Assembly collapsed and the two major political coalitions deadlocked. Since then, civil servants with no major decision-making power have largely run the government. One of the deadlock’s major battlegrounds is whether there should be legislation in Northern Ireland mandating that Gaeilge, or Irish Gaelic, be treated as a language of equal status to that of English. This Note explores this issue and argues that the right to equal language protections is founded in the right to one’s cultural identity, and as such ...


The Price Is Rights: Getting The United Arab Emirates Up To International Speed In The Labor Law Department, Janae C. Cummings 2018 Brooklyn Law School

The Price Is Rights: Getting The United Arab Emirates Up To International Speed In The Labor Law Department, Janae C. Cummings

Brooklyn Journal of International Law

Despite a rapidly growing economy and a tremendous accumulation of wealth, the United Arab Emirates has facilitated many human rights abuses against migrant workers from impoverished countries throughout the world. The UAE’s system of recruitment, payment and living conditions put already vulnerable populations in considerably worse economic conditions by exploiting their labor and creating significant barriers to challenging the unjust employment system. After being sold on the idea that migrating to the UAE would bring a semblance of economic advancement, many migrants find themselves in inhumane working conditions and debt from having to pay excessive amounts of money to ...


Elimination Of The Negative Consequences Of The Technogenic Civilization In Social Life, O. Yuldoshev 2018 Tashkent state university of law, Tashkent, 100047, Uzbekistan

Elimination Of The Negative Consequences Of The Technogenic Civilization In Social Life, O. Yuldoshev

Review of law sciences

This article is devoted to the negative consequences of anthropogenic civilizations for social life, their causes and solutions.


Methodological And Linguistic Bases For Intergrating The Four Skills, M. Shamsitdinova 2018 Tashkent state university of law, Tashkent, 100047, Uzbekistan

Methodological And Linguistic Bases For Intergrating The Four Skills, M. Shamsitdinova

Review of law sciences

the article is devoted to the research of some methodological and linguistic issues of integrating the four skills in teaching English to non-philological students. There have been considered some foreign researchers’ approaches to this question in teaching process.


The Practical Significance Of The Economic Analysis Of Law In The Legislative System Of Uzbekistan, D. Abdulov 2018 Tashkent state university of law, Tashkent, 100047, Uzbekistan

The Practical Significance Of The Economic Analysis Of Law In The Legislative System Of Uzbekistan, D. Abdulov

Review of law sciences

This article describes the characteristics of economic analysis of law only to that extent that it is necessary to understand the relationship between economic analysis and Comparative law. Because of the fundamental differences between two disciplines, they complement each other and can be connected in different ways.


Analysis Of Terminological Concept Of Information Technologies In Domestic And Foreign Literature, A.R. Davronov 2018 Tashkent state university of law, Tashkent, 100047, Uzbekistan

Analysis Of Terminological Concept Of Information Technologies In Domestic And Foreign Literature, A.R. Davronov

Review of law sciences

In this article, the conceptual and terminological apparatus of information technologies in domestic and foreign literature has been studied and the concept of “Information technologies” has been analyzed using a comparative method. In addition, proposals are made to improve legislation in the field of information technology.


The Curious Case Of Will Brooke, Adam Muro 2018 Cuny Graduate School of Journalism

The Curious Case Of Will Brooke, Adam Muro

Capstones

William Wade Brooke, an Alabama businessman with ties to state and national Republican Party politics and scandal, was for over one year a registered foreign agent working for the office of Saad Hariri, Prime Minister of Lebanon. He was the only registered lobbyist for Hariri while he was active, and stranger yet he stated on his Foreign Agent Registration Act forms that he was working for free. An investigation into his background and ties to Lebanon revealed that he lobbied for free in recognition of favors that Hariri did, and continues to do, for a christian missionary group Brooke is ...


E-Museletter: December 2018, William Taylor Muse Law Library 2018 University of Richmond

E-Museletter: December 2018, William Taylor Muse Law Library

Museletter

This Issue:

24 Hour Access Begins December 3

Westlaw Edge arriving January 1

Dongle-Free Device Display! Dang! That’s Easy

Undergraduates in the Library

Goodbye FDSys, hello Govinfo.gov

iPad Apps for Students, Lawyers, and Student Lawyers



Venezuela: A Uniquely Senian Insight Into A Human Rights Crisis, Andrea I. Scheer 2018 Brooklyn Law School

Venezuela: A Uniquely Senian Insight Into A Human Rights Crisis, Andrea I. Scheer

Brooklyn Journal of International Law

For over twenty decades, Venezuelan political leaders have blatantly disregarded their citizens’ human rights, leading to the downfall of Venezuela’s economy and democratic institutions, including severe food and medicine shortages, as well as staggering inflation rates. As a result, Venezuela provides a unique affirmation of the Capabilities Approach introduced by Professor Amartya Sen, which focuses not only on the freedoms that individuals possess, but also on what individuals are capable of doing as possessors of these freedoms. This Note seeks to use Sen’s Capabilities Approach to understand the nature and scope of Venezuela’s multidimensional crisis, arguing that ...


E-Museletter: November 2018, William Taylor Muse Law Library 2018 University of Richmond

E-Museletter: November 2018, William Taylor Muse Law Library

Museletter

This Issue:

Thanksgiving Break Hours

Election and Voting Law Resource Guide

Restricted Access! How to Protect Your PDFs

"It's Time for Justice" Legal Aid Radio Show

Looking for Exam Examples? ...Study Aids? ...Research Guides?


A Fair Use To Remember: Restoring Application Of The Fair Use Doctrine To Strengthen Copyright Law And Disarm Abusive Copyright Litigation, Lauren Gorab 2018 Fordham University School of Law

A Fair Use To Remember: Restoring Application Of The Fair Use Doctrine To Strengthen Copyright Law And Disarm Abusive Copyright Litigation, Lauren Gorab

Fordham Law Review

The primary goal of copyright law is to benefit the public. By rewarding authors with exclusive rights, such as the power to enforce copyright infringement, copyright protection is the means through which copyright law accomplishes this goal. Another way that copyright law pursues its goal is through the fair use doctrine—an invaluable utilitarian limit on copyright protection. However, fair use is, among other things, vague. The current application of fair use as an affirmative defense magnifies the doctrine’s problems and makes copyright law hospitable to abusive copyright litigation. Current proposals in this area of reform target either fair ...


Child Obesity, School Food Environments And The Best Interests Of The Child, Benedetta Faedi Duramy 2018 Golden Gate University School of Law

Child Obesity, School Food Environments And The Best Interests Of The Child, Benedetta Faedi Duramy

Publications

This article is about child obesity, school food, and the key role schools can play in creating environments that can enhance children’s eating patterns and lifestyle behaviours and, thus, can support the realization of children’s best interest in relation to food and health. In contrast to the traditional approach that frames the obesity problem as a personal issue or as a matter of parental responsibility, this article argues that the prevention of child obesity should be interpreted as a State obligation under both international and domestic laws. Analysis turns to the example of the Healthy, Hunger-Free Kids Act ...


Childhood Obesity And Positive Obligations: A Child Rights-Based Approach, Benedetta Faedi Duramy 2018 Seattle University School of Law

Childhood Obesity And Positive Obligations: A Child Rights-Based Approach, Benedetta Faedi Duramy

Seattle University Law Review

Childhood obesity is one of the most serious current public health challenges. Its prevalence has increased at an alarming rate. The World Health Organization estimated that in 2016 the global number of overweight children under the age of five was over 41 million. Although there is widespread concern about the rising rates of childhood obesity, there is not as much consensus on how to address the problem. Obesity has been mostly considered either a matter of personal responsibility or of parental responsibility when it concerns children. Inadequate attention has been given instead to the obligations borne by States to prevent ...


"Beauty Is Truth And Truth Beauty": How Intuitive Insights Shape Legal Reasoning And The Rule Of Law, Stephen M. Maurer 2018 Seattle University School of Law

"Beauty Is Truth And Truth Beauty": How Intuitive Insights Shape Legal Reasoning And The Rule Of Law, Stephen M. Maurer

Seattle University Law Review

Scientists have long recognized two distinct forms of human thought. “Type 1” reasoning is unconscious, intuitive, and specializes in finding complex patterns. It is typically associated with the aesthetic emotion that John Keats called “beauty.” “Type 2” reasoning is conscious, articulable, and deductive. Scholars usually assume that legal reasoning is entirely Type 2. However, critics from Holmes to Posner have protested that unconscious and intuitive judgments are at least comparably important. This Article takes the conjecture seriously by asking what science can add to our understanding of how lawyers and judges interpret legal texts. The analysis is overdue. Humanities scholars ...


Voila! Taking The Judge Out Of Divorce, Margaret Ryznar, Angélique Devaux 2018 Seattle University School of Law

Voila! Taking The Judge Out Of Divorce, Margaret Ryznar, Angélique Devaux

Seattle University Law Review

This Article examines the possibility of non-judicial divorce in the United States based on the French model. Part I begins by examining the recognition of divorce by agreement of the parties in France. Part II analyzes the judicial role in American divorces, and whether it bars either domestic non-judicial divorce or recognition of foreign non-judicial divorce. Part III undertakes a comparative analysis, concluding that the United States may be amenable to non-judicial divorces that occur not only abroad but, eventually, within its own borders.


The Criminalization Of Vehicle Residency And The Case For Judicial Intervention Via The Washington State Homestead Act, T. Ray Ivey 2018 Seattle University School of Law

The Criminalization Of Vehicle Residency And The Case For Judicial Intervention Via The Washington State Homestead Act, T. Ray Ivey

Seattle University Law Review

In 2014, a nationwide survey by the National Law Center on Homelessness and Poverty found that the number of cities with ordinances that effectively criminalized vehicle habitation increased by 119% between 2011 and 2014. These ordinances take the form of metered street parking zones, permit-only parking zones, time restrictions, restrictions on vehicle operability, restrictions regarding licensing and registration, and even prohibitions directed specifically at vehicle habitation. Violations of these policies typically result in noncriminal citations imposing fees, requiring attendance at hearings, or inflicting other financial burdens, which nevertheless can have devastating impacts on someone with already limited resources. Additionally, the ...


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