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  Toward Greater Synergy between Courts and Truth Commissions in Post-Conflict Contexts: Lessons from Sierra Leone

  Charles C. Jalloh

  Martin Luther King, Jr. once said 'the arc of the moral universe is long, but it bends toward justice.' Testing the optimism of that claim were the many fits and starts in the struggle for human rights that King helped to catalyze. The same is true of other events in the last half-century, from resistance to apartheid and genocide to equal and fair treatment in domestic criminal justice systems, to the formation of entities to prevent atrocities and to bring their perpetrators to justice. Within this display of myriad arcs may be found the many persons who helped shape this half-century of global justice-and prominent among them is William A. Schabas. His panoramic scholarship includes dozens of books and hundreds of articles, and he also has served as an influential policymaker, advocate, and mentor. This work honours William A. Schabas and his career with essays by luminary scholars and jurists from Africa, Asia, Europe, and the Americas. The essays examine contemporary, historical, cultural, and theoretical aspects of the many arcs of global justice with which Professor Schabas has engaged, in fields including public international law, human rights, transitional justice, international criminal law, and capital punishment.

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  Commodity Exchanges and Regulation

  Jerry W. Markham

  The U.S. Commodity Futures Trading Commission (CFTC) intensively regulates commodity futures, options, and swaps pursuant to the provisions of the Commodity Exchange Act of 1936. The Securities and Exchange Commission (SEC) and federal banking agencies also have some jurisdiction over derivative financial instruments. This chapter describes the CFTC regulations, including registration requirements for designated contract markets, clearinghouses, and various swap market participants. It also describes the financial responsibility requirements imposed on futures commission merchants and safeguards for customer funds in the futures markets. Additionally, the chapter addresses prohibitions against misleading sales activities, deceptive trading practices, and price manipulations. Finally, it reviews the role of the SEC and bank regulators in regulating financial derivative contracts, particularly securities derivatives and foreign currency exchange transactions.

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  Regulation of Bank Financial Service Activities, Cases and Materials

  Jerry W. Markham and Lissa L. Broome

  This book has been completely revised and updated, referencing Dodd-Frank and developments after Dodd-Frank. The financial crisis is extensively discussed, including excerpts from the Financial Crisis Inquiry Commission Final Report. The latest in capital requirements is also included. In addition, the book refers frequently to the June 2017 report from the Treasury responding to President Trump’s Executive Order of February 3, 2017, setting forth core principles to guide regulation of the U.S. financial system. The new edition of the book contains new sections on the structure of the banking industry (with updated charts and graphs), shadow banking, fintech, Madden v. Midland Funding, TILA-RESPA Integrated Disclosure Rule (TRID), Qualified Mortgages (QM) and Qualified Residential Mortgages (QRM), deposit advance products, alternative payment methods, the latest on bank capital, CFPB enforcement, updated comparative regulation (UK, Germany, Japan, and the EU), a consolidated section on anti-money laundering (AML), sanctions, and tax evasion (Foreign Account Tax Compliance Act, FATCA). The statutory supplement has also been updated and the statutory provisions are cross-referenced to Dodd-Frank sections which amend them.

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  Spanish Courts

  M C. Mirow

  Professor M.C. Mirow’s lead-off essay points out that while Spain devoted considerable resources to its New World possessions, Florida almost always was considered a region of minor, albeit strategic, outposts. Thus, its system of justice never fully developed into the standard structures of Spanish colonial government. Military governors, occasionally assisted by legally trained advisors known as asesores, acted as judges. The question of whether local municipal officers—known as alcaldes—served as magistrates remains an open one. Regardless, there were numerous tribunals in Spanish Florida. Litigants and officials recognized jurisdictional divisions and utilized distinct procedures for different kinds of cases, and criminal and civil matters were handled in ways consistent with Florida’s membership in the colonial Spanish world. In their administration of Florida, Spanish officials generated numerous documents. As Mirow notes, many of these have yet to be explored and remain waiting for researchers in archives in Cuba and Spain (and, increasingly, on the web).

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  Juan Solórzano Pereira

  M. C. Mirow

  This biography of the seventeenth-century jurist Juan Solórzano Pereira analyzes his major writings with particular focus on his justifications of Spanish activity in the Americas. The study addresses his views of papal authority, indigenous peoples, and Spanish rule through his use of Roman Catholic sources and doctrine.

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  Spanish Law and its Expansion

  M. C. Mirow

  This chapter provides an overview of the legal aspects of Spain's enterprise in the Americas. It addresses the uses of law in discovery, exploration and conquest; Castilian law before its expansion to new territories; the use of law to justify conquest; slavery and indigenous labour; institutions; sources of law; legal actors; and Spanish law after independence. It also presents some of the present debates surrounding the nature and construction of derecho indiano.

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  Big Law in Central America and the Dominican Republic: Growth Strategies in Small Economies

  Carlos Taboada and Manuel A. Gomez

  Costa Rica, El Salvador, Guatemala, Honduras and Nicaragua once formed a single Spanish colony and did not become independent until the nineteenth century, when Panama and the Dominican Republic also became independent. Since then, each of these countries have taken their own path, developed their own legal systems and confronted their own economic, political and social realities. Interestingly, in the eyes of many multinational corporations, these countries still form a somewhat homogeneous sub-region.

  Treating these relatively small economics as a single sub-region within Latin America allows multinationals to take advantage of economics of scale. In any case, the geographical proximity, common language and regulatory proximity between these countries seem to justify the unitary approach. Except for the Dominican Republic, which is part of an island, the rest are all neighboring countries ( Guatemala, El Salvador, Honduras, Nicaragua, Costa Rica and Panama) sharing at least one border with another. The official language in each of these countries is Spanish, and their legal systems are rooted in the civil law tradition, which they inherited from Spain.

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  Copyright Class Struggle: Creative Economies in a Social Media Age

  Hannibal Travis

  Earning an income in our time often involves ownership of or control over creative assets. Employing the law and philosophy of economics, this illuminating book explores the legal controversies that emerge when authors, singers, filmmakers, and social media barons leverage their rights into major paydays. It explores how players in the entertainment and technology sectors articulate claims to an ever-increasing amount of copyright-protected media. It then analyzes efforts to reform copyright law, in the contexts of 1) increasing the rights of creators and sellers, and 2) allocating these rights after employment and labor disputes, constitutional challenges to intellectual property law, efforts to legalize online mashups and remixes, and changes to the amount of streaming royalties paid to actors and musicians. This work should be read by anyone interested in how copyright law - and its potential reform - shapes the ownership of ideas in the social media age.

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  Exile or Extinction: the Assyrian Genocide from 1915 to 2015

  Hannibal Travis

  For a brief period, the attention of the international community has focused once again on the plight of religious minorities in Iraq, Syria, and Turkey. In particular, the abductions and massacres of Yezidis and Assyrians in the Sinjar, Mosul, Nineveh Plains, Baghdad, and Hasakah regions in 2007–2015 raised questions about the prevention of genocide. This book, while principally analyzing the Assyrian genocide of 1914–1925 and its implications for the culture and politics of the region, also raises broader questions concerning the future of religious diversity in the Middle East. It gathers and analyzes the findings of a broad spectrum of historical and scholarly works on Christian identities in the Middle East, genocide studies, international law, and the politics of the late Ottoman Empire, as well as the politics of the Ottomans' British and Russian rivals for power in western Asia and the eastern Mediterranean basin.

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  Introduction : The Assyrian Genocide Across History: Collective Memory, Legal Theory, and Power Politics

  Hannibal Travis

  For a brief period, the attention of the international community has focused once again on the plight of religious minorities in Iraq, Syria, and Turkey. In particular, the abductions and massacres of Yezidis and Assyrians in the Sinjar, Mosul, Nineveh Plains, Baghdad, and Hasakah regions in 2007–2015 raised questions about the prevention of genocide. This book, while principally analyzing the Assyrian genocide of 1914–1925 and its implications for the culture and politics of the region, also raises broader questions concerning the future of religious diversity in the Middle East. It gathers and analyzes the findings of a broad spectrum of historical and scholarly works on Christian identities in the Middle East, genocide studies, international law, and the politics of the late Ottoman Empire, as well as the politics of the Ottomans' British and Russian rivals for power in western Asia and the eastern Mediterranean basin.

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  Understanding Civil Rights Litigation

  Howard Wasserman

  This student-focused treatise provides a concise, accessible, comprehensive, and readable overview of the doctrine, policy, history, and theory of civil rights and constitutional litigation under Section 1983 and its Bivens federal counterpart. The book is written for courses on Civil Rights Litigation and Federal Courts; it can function as a primary assignment, as an assigned or recommended case and statutory supplement to a casebook or case materials, and as an additional study guide for students wanting additional background, context, and synthesis of the material.

  The new edition:

  • Covers all aspects of civil rights and constitutional litigation, including the history of civil rights legislation in the United States; the substantive elements of Section 1983 and Bivenscauses of action; individual immunity defenses; governmental liability and immunity; procedural and jurisdictional hurdles; abstention; and remedies.
  • Covers doctrinal changes from the Supreme Court since the previous edition, including on Bivens actions, individual officer immunity, abstention, and the scope of injunctive relief.
  • Discusses recent nationwide litigation campaigns over marriage equality and immigration policies to illustrate how plaintiffs and governments litigate these issues.
  • Includes appendices containing the United States Constitution, Emancipation Proclamation, and selected substantive, jurisdictional, and procedural federal statutes that regularly are involved in civil rights and constitutional litigation.
  • All topics and sub-topics include “Puzzles,” short problems (drawn from lawsuits and recent lower-court decisions) for use in class discussions and for student study and review.

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  Patriarchy, Not Hierarchy: Rethinking the Effect of Cultural Attitudes in Acquaintance Rape Cases

  Eric R. Carpenter

  Do certain people view acquaintance rape cases in ways that favor the man? The answer to that question is important. If certain people do, and those people form a disproportionately large percentage of the people in the institutions that process these cases, then those institutions may process these cases in ways that favor the man. In 2010, Dan Kahan published Culture, Cognition, and Consent, a study on how people evaluate a dorm room rape scenario. He found that those who endorsed a stratified, hierarchical social order were more likely to find that the man should not be found guilty of rape. If Kahan is right, radical change may be necessary. The institutions responsible for handling sexual assault complaints – law enforcement communities, the military, and university and college administrations – are stratified and hierarchical, and are likely over-populated by people who are attracted to hierarchical institutions and who hold hierarchical world views. These institutions may need to be overhauled – or even replaced. However, the study has a serious methodological flaw: it uses the Hierarchy-Egalitarianism Scale to measure those hierarchical world views, and as this article demonstrates, this scale has reliability and validity issues. This article then applies a different methodology to the underlying data and shows that patriarchy, not hierarchy, explains the differences in guilt perceptions. This more accurate understanding of Kahan’s data carries important policy implications. Rather than radical change, targeted training that addresses inaccurate rape beliefs may be enough to ensure accurate processing of these cases.

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  From Bandung 1955 to Bangladesh 1971: Postcolonial Self- Determination and Third World Failures in South Asia

  Cyra Akila Choudhury

  This chapter examines the birth of a Third World and its fantasy of a different world order reflected in the Bandung principles through the lens of the independence struggle of Bangladesh. The chapter argues that the internal social, political and legal subordination of the Bengali majority population within Pakistan inevitably led to the breach of the principles by two of the most significant players at Bandung. The movement and principles were at odds with human rights obligations and toothless in the face of a humanitarian crisis. As this chapter will argue, the Bangladesh conflict of 1971 showed that contrary to Bandung’s assumption, the Third World state was not its people, and that state was not able to withstand the pressures of Cold War geopolitics or guarantee justice to its own people. The dominant responses to intrastate human rights abuses in the wake of the failure of Bandung and the limited success of NAM are all too familiar — military intervention under the color of humanitarian law to cope with the problem of internal conflict or non-interference and the acceptance of the killing of large numbers of civilians.

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  National and Transnational Security Regimes: South Asia

  Cyra Akila Choudhury

  With the rise of the Global War on Terror (GWoT) and the radicalization of Muslim communities, there has been an increase in surveillance, detentions, torture, militarization, and security technologies, tied to controlling political dissent, “terrorism,” and immigration. For many Muslims, men and women, ordinary activities (e.g. religious gatherings, religious speech and debate, and travel for work or pleasure) have become laden with the possibility of misconstruction, leading to serious criminal consequences. For the most part, reports of GWoT regulation have focused on Muslim men, who are the most likely to be targeted as terrorists. Increasingly, though, women in various Muslim-majority countries and the West are also participating in terrorism and are consequently also targeted. But in South Asia, the more serious gendered effects of national and transnational security regimes are a consequence not of participation in terrorism but rather of women’s families and communities. In other words, women are far more likely to be caught up in the GWoT and the regulation of the security state through their relationships and membership in Muslim communities. Muslim women have become political prisoners for resisting the GWoT; they have lost male support and become single mothers because of detention of their menfolk; and they have become organizers working to counter the suppression of political and human rights to resist the encroachments of the security state.

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  Formalizing Property in Latin America

  Jorge L. Esquirol

  Comparative Property Law provides a comprehensive treatment of property law from a comparative and global perspective. The contributors, who are leading experts in their fields, cover both classical and new subjects, including the transfer of property, the public-private divide in property law, water and forest laws, and the property rights of aboriginal peoples. This Handbook maps the structure and the dynamics of property law in the contemporary world and will be an invaluable reference for researchers working in all domains of property law.

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  LexisNexis Practice Guide: Florida Criminal Law, 2017 Edition

  H. Scott Fingerhut

  The LexisNexis Practice Guide: Florida Criminal Practice and Procedure gives you step-by-step guidance on the many procedural issues and topics relevant to Florida criminal practice and quickly points you to LexisNexis resources that help you build your case. With its concise writing style, streamlined chapter format, abundance of checklists and forms, multitude of references to leading and related cases, cross references to relevant analytical content, and extensive and authoritative guidance from a consultative board of experienced Florida practitioners and judges, you'll find more of everything that makes a practice guide valuable and easy for you to use.

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  Prudential Regulation in the Age of Internal Models

  Jose M. Gabilondo

  Some of the most significant changes in banking law since tl1e global financial crisis involve attempts to make banks more financially stable through more rigorous requirements about how they finance their lending and investment activities. Central to this is the growing use of quantitative models by banks and their regulators to conduct financial war games that simulate how a bank would fare under adverse market conditions. These models - known as "internal models" because they are often proprietary and non-public - attempt to simulate how future states of the market would impact a bank's financial structure, in particular its ability to absorb losses without interrupting operations. Regulators first approved these internal models in the 1990s to track some of the risks in bank investments held for trading. Since then, regulators have authorized model-based approaches for a wider range of financial risks - including credit and liquidity risks - and for some nonbank financial entities, like broker-dealers. Today, many banks use these models to comply with prudential regulation about safety and soundness.

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  Globalization: Debunking the Myths, 3d ed.

  Lui Hebron and John F. Stack Jr.

  Now in a fully revised and updated edition, this balanced and clearly written text explores globalization and its impact from economic, political, social, environmental, and cultural perspectives. Providing a framework and platform for student learning, the book gives readers the tools to unravel the complexities of globalization in all its facets. Lui Hebron and John Stack note that as a hot-button term, globalization is used to describe any number of changes within, among, and between societies and states. Their goal is to reduce the noise engulfing debates and interpretations of one of the most dynamic, contested, applauded, and disparaged phenomena of the twenty-first century. Arguing that current assessments—both positive and negative—of globalization are overblown, the authors treat the dramatically changing landscapes of world politics as less a revolution than an evolution of already established structures and patterns of transnational relations. They trace how globalization has affected individuals, societies, states, and intergovernmental and supranational organizations. Making sense of a world seemingly smaller and incomprehensibly larger, simultaneously centralizing and fragmenting, Globalization: Debunking the Myths offers both an indispensable introduction for undergraduates and a concise review for more advanced students.

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  The African Union, the Security Council and the International Criminal Court,

  Charles Chernor Jalloh

  Africa has been at the forefront of contemporary global efforts towards ensuring greater accountability for international crimes. But the continent's early embrace of international criminal justice seems to be taking a new turn with the recent resistance from some African states claiming that the emerging system of international criminal law represents a new form of imperialism masquerading as international rule of law.
  
  This book analyses the relationship and tensions between the International Criminal Court (ICC) and Africa. It traces the origins of the confrontation between African governments, both acting individually and within the framework of the African Union, and the permanent Hague-based ICC. Leading commentators offer valuable insights on the core legal and political issues that have confused the relationship between the two sides and expose the uneasy interaction between international law and international politics. They offer suggestions on how best to continue the fight against impunity, using national, ICC, and regional justice mechanisms, while taking into principled account the views and interests of African States.

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  The Distinction between 'International' and 'Transnational' Crimes in the African Criminal Court

  Charles Chernor Jalloh

  The boundaries between international crimes and transnational crimes are blurring. Should prosecution and trial of transnational crimes be transferred from national to international jurisdictions? Or should criminal law repression in respect of such crimes remain the prerogative of the state? Cutting-edge contributions in this book demonstrate that there is no ‘one-size-fits-all’ answer to these questions.
  
  Addressing the distinctions and commonalities of transnational and international crimes, renowned contributors discuss the implications of this relationship in the realm of law enforcement. This book critically reflects on the connection between the ‘core crimes’ of the International Criminal Court, namely; war crimes, crimes against humanity, genocide, aggression, and several newly emerging transnational crimes. In view of this gradual merger of the categories, one of the major questions is whether the distinction in legal regime is still warranted. Significantly, the human rights consequences of transnational criminal law enforcement are brought to attention in this timely study.

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  The Place of the African Criminal Court in the Prosecution of Serious Crimes in Africa

  Charles Chernor Jalloh

  Africa has been at the forefront of contemporary global efforts towards ensuring greater accountability for international crimes. But the continent's early embrace of international criminal justice seems to be taking a new turn with the recent resistance from some African states claiming that the emerging system of international criminal law represents a new form of imperialism masquerading as international rule of law.
  
  This book analyses the relationship and tensions between the International Criminal Court (ICC) and Africa. It traces the origins of the confrontation between African governments, both acting individually and within the framework of the African Union, and the permanent Hague-based ICC. Leading commentators offer valuable insights on the core legal and political issues that have confused the relationship between the two sides and expose the uneasy interaction between international law and international politics. They offer suggestions on how best to continue the fight against impunity, using national, ICC, and regional justice mechanisms, while taking into principled account the views and interests of African States.

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  Corporate Finance : Debt, Equity, and Derivative Markets and their Intermediaries, 4th

  Jerry W. Markham, José Gabilondo, and Thomas Lee Hazen

  This casebook comprehensively surveys the legal and business issues raised by how business entities manage their capital structure. To prepare students to represent corporate issuers, institutional investors, and regulators, the casebook blends state law, federal securities regulation, accounting standards, professional responsibility norms, financial concepts, and business strategy into a practical deal perspective that emphasizes the client’s funding objectives. Coverage starts with the corporate issuer’s short-term liquidity, moves to notes, bonds, and mezzanine finance, and then continues down the balance sheet into equity, first common stock, then preferred, and, finally, judicial valuation of net worth. The casebook puts these issues in the context of federal regulation of securities, futures, and financial derivatives markets.

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  A Practical Introduction to Environmental Law

  Joel A. Mintz, John C. Dernbach, Steve C. Gold, Kalyani Robbins, Clifford Villa, and Wendy Wagner

  This casebook is designed to be used in upper level courses by law students with little or no prior familiarity with Environmental Law. It includes chapters on permitting, the philosophical underpinnings of the field, climate change, and the recently amended Toxic Substances Control Act, as well as traditional core topics in Environmental Law such as controlling air and water pollution. The book also contains numerous practice problems that introduce students to the everyday realities of environmental lawyering. A substantial Teacher's Manual provides model syllabi, detailed pedagogical suggestions, ready-to-use exams and quizzes, answers to all practice problems, and other useful materials.

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  Translating into Stone: The Monument to the Constitution of Cádiz in St. Augustine, Florida (1813- 1814)

  M C. Mirow

  St. Augustine, Florida, most likely has the only surviving monument to the Constitution of Cádiz erected during the first promulgation of the Constitution in the Spanish Empire. Constructed in 1813 and 1814, the monument was the most expensive public work in the city, then the capital of the Spanish province of East Florida. The monument was highly successful attempt to translate the Constitution into stone as a way of marking this city’s constitutional and imperial compliance. The chapter addresses the monument’s construction, projection, and unusual survival through constitutional and absolutist periods. The origin of the Masonic square and compass on one tablet of the monument continues as a topic of debate. When the region became a territory of the United States in 1821, it is likely that the subject of the monument was easily shifted from the Constitution of Cádiz to the United States Constitution. This chapter addresses the monument’s history and symbolism as well as the political conflicts that led to its construction. Minutes of the proceedings of the city council (cabildo constitucional) reveal that the monument was just one part of an attempt to establish an entrenched constitutional regime in the city and region. Leaders of the community worked swiftly to create required constitutional institutions, and a deputy was selected and sent to Cádiz in 1813 to represent the interests of St. Augustine.

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  Los Tribunales De La Florida Oriental (Tribunals of East Florida)

  M. C. Mirow

  Spanish Abstract: Desde 1513 hasta 1821, el área conocida como las Floridas estuvo bajo la corona española con la excepción de veinte años en el siglo XVIII cuando perteneció a la corona inglesa. Durante más de 300 años las Floridas fueron territorio español, pero se sabe muy poco sobre la aplicación del derecho indiano en dichas provincias, las instituciones en que la población litigaba, y los tribunales y oficiales legales existentes. Esta contribución describe la literatura secundaria que existe sobre los tribunales españoles en las Floridas, y particularmente en la Florida Oriental, y las fuentes más importantes de documentos relacionadas con ellos. Existen unas fuentes bastante grandes e importantes de documentos legales y de pleitos, sobre todo en el segundo período español (1783-1821), que aún no se han investigado y que esperan el interés de los historiadores del derecho.

  English Abstract: From 1513 to 1821, the area known as the Floridas was under the Spanish crown with the exception of twenty years in the eighteenth century when it belonged to Britain. For more than three hundred years, the Floridas were Spanish territory, but little is known about the application of Derecho Indiano in these provinces, the institutions in which people litigated, and the extant tribunals, and legal officials. This contribution describes the secondary literature on Spanish tribunals in the Floridas, particularly in East Florida, and the sources and documents related to the tribunals. Large and important sources of legal documents and trials exist, above all for the second Spanish period (1783-1821). These documents have not been investigated and await the interest of legal historians.