Search Results

1 - 10 of 60 items :

  • International Law, Foreign Law, Comparative Law, other x
Clear All
EU agrarian Law
The Journal of Slovak University of Agriculture in Nitra
Open access
Hate Speech, Democratic Legitimacy and the Age of Trump
(reviewing Eric Heinze. Hate Speech and Democratic Citizenship. Oxford: Oxford University Press, 2016)

References (alphabetical order) Abrams, Floyd. On American Hate Speech Law. In Herz, Michael, Molnar, Peter (eds.) Rethinking the Content and Context of Hate Speech: Regulation and Responses , New York: Cambridge University Press, 2012. Alexander, Michelle. The New Jim Crow: Mass Incarceration in the Age of Colorblindness . New York: The New Press, 2010 Askenas, Jeremy, Aisch, Gregor. European Populism in the Age of Trump. New York Times , 5 Dec. 2016. [online] https://www.nytimes.com/interactive/2016/12/05/world

Open access
The Use of Torture in the Fight against Terrorism

CCPR/C/OP/2 201 (1990), paras 1.3, 10.4. Communication 74/1980, Miguel Angel Estrella v Uruguay, UNHR Committee, 17 July 1980, UN Doc Supp No 40 (A/38/40) 150 (1983) para 1.6. European Commission and European Court of Human Rights Chahal v United Kingdom Application no 22414/93 ECHR (5 November 1996), para 79. Gäfgen v Germany Application no 22978/05 (1 June 2010) 87. Ireland v the United Kingdom , Application no 5310/71, ECHR, judgement, 18 January 1978, para 167. Ireland v the United Kingdom EC (1976) 512 Yearbook of European

Open access
Child Marriage and the Failure of International Law: a Comparison of American, Indian, and Canadian Domestic Policies

References 1990 African Charter on the Rights and Welfare of the Child, art. XXI, July 1, 1990, OAU Doc.CAB/LEG/24.9/49. 1979 Convention on the Elimination of All Forms of Discrimination against Women, art. 16.1, Dec. 18, 1979, 1249 U.N.T.S. 13. 1964 Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages, art. 1–3, Dec. 23, 1964, 521 U.N.T.S. 231. 1956 Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, art. 1(c), Sept. 7, 1956, 226 U

Open access
Founding-Era Socialism: The Original Meaning of the Constitution’s Postal Clause

appointed a postmaster general for the colonies, J OYCE , supra note 1, at 110. and from that date the North American post office was a branch of the royal post. R OBINSON , supra note 1, at viii (“The Post Office of the United States originated as a colonial extension of the British Post Office … “). The integration became complete in 1711—during the reign of Queen Anne—when Parliament enacted legislation “establishing a general Post Office for all Her Majesty’s Dominions.” 9 Ann., c. 10 (1711). The British Statutes at Large show the measure as adopted by the

Open access
Dispute Settlement Mechanisms in U.S. FTAs with Korea, Panama, Peru and Colombia: Basic Designs, Key Characteristics and Implications

were directly affected by the bipartisan agreement on trade policy between the U.S. Congress and the U.S. administration reached in May 2007. See U.S. Congress House Ways & Means Committee, Summary of the May 10 Agreement, available at http://waysandmeans.house.gov/Media/pdf/110/05%2014%2007/05%2014%2007.pdf ; Jeanne G. Grimmett, Dispute Settlement Under the U.S.-Peru Trade Promotion Agreement: An Overview , Congressional Research Service (Aug. 12, 2011), at summary. The U.S. Congress demanded inclusion of new issues in U.S. FTAs that can ensure the protection

Open access
Sentencing Disparities

Guideline or Commission policy. Kimbrough v. United States, 552 U.S. 85, 108-11 (2007). Nevertheless, the Guidelines preclude consideration of the defendant’s race, sex, national origin, and socioeconomic status. U.S. S ENTENCING G UIDELINE M ANUAL §4H1.10 (2015). In the end, a district judge in the individual case must determine a penalty that is reasonable and parsimonious, one that comprises “a sentence sufficient, but not greater than necessary.” 18 U.S.C. § 3553(a). The legislation specifies that district judges consider the following factors in determining a

Open access
The Trans-Pacific Partnership

, New Zealand, Peru, Singapore, the United States (U.S.) and Vietnam. Together, they represent approximately 50% of global gross domestic product and 37% of global trade. World Bank Group, Global Economic Prospects: Spillovers amid Weak Growth 221 (Jan. 2016). However, the number of and variation among TPP countries are not the only unusual aspects of this “new generation” See e.g ., Edward Alden, The TPP Agreement: Big Things Are Still Possible , Council on Foreign Relations Blog (Oct. 5, 2015), available at http://blogs.cfr.org/renewing-america/2015/10/05/the

Open access
Toward Natural Born Derivative Citizenship

Court used to justify its infamous decision in Dred Scott v . Sandford , 60 U.S. 363, 403 (1856) (Taney, C.J.) (limiting opinion to persons descended from imported slaves) and 477 (Daniel, J., concurring) (citing de Vattel to conclude that a child cannot be a citizen if born in the country to a foreigner). For reliance on bloodline transmission of nationality to justify presidential eligibility and other constitutional privilege, see , e . g ., supra note 10 and accompanying text (presidential eligibility) and Miller , 523 U.S. at 477, 480 (Breyer, J

Open access
“To Promote the General Welfare”: Addressing Political Corruption in America

government has steadily declined since 2001); Trust in Government Reaches Record Low, But Most Federal Agencies Are Viewed Favorably , P EW R ES . C TR . (Oct. 18, 2013), http://www. people-press.org/2013/10/18/trust-in-government-nears-record-low-but-most-federalagencies-are-viewed-favorably (reporting that 30% of Americans described themselves as “angry” with the federal government, while another 55% described themselves as “frustrated”). Quantification of corruption and its costs is challenging for obvious reasons. But see Mark Duggan & Steven D. Levitt, Winning

Open access