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.
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.
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.
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.
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.
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.
Sustainability & Business Law
Antony Page and Robert A. Katz
The term "for-profit social enterprise" (or simply "social enterprise") refers to businesses with shareholder-owners that seek to address social problems by comp- bining the dynamism of capitalized for-profit enterprise with the intentionally pro-social orientation of nonprofit organizations .... Some leading proponents of social enterprise seek to promote and facilitate social enterprise formation through business organizations law, most notably by supplying social entrepreneurs with new legal forms designed specifically for social enterprises. The push for new reflects dissatisfaction with the seemingly binary nature of existing options-the for-profit corporation, which inclines controllers to increase shareholder wealth with little regard for the interests of nonshareholders and society at large, and the traditional charitable nonprofit organization, which primarily serves social purposes but has less access to capital and less leeway to compensate high-performing executives and employees…
Coordinating the Overlapping Regulation of Biodiversity and Ecosystem Management
What is the ideal division of power among states and the federal government when it comes to protecting biodiversity and managing wildlife and ecosystems? There may not be a single right answer to this question, but it is worth giving some thought, as the current system developed somewhat disjointedly and by chance. This chapter will review that dual development in Part I. It will then take a present-day snapshot in Part II, which discusses the various cooperative aspects of our existing approach. In Part Ill, we consider the potential for a more precise model of cooperative federalism than the somewhat haphazard model that organically developed and exists today. Finally, Part IV will look toward the changing climate of the future in order to spot the aspects of our present system that are incompatible with that future.
The Purposive Historian
In 2007, as I was writing a law review article about legal disputes among survivors regarding ashes of cremated decedents, my good friend and col- league, Professor Elena Maria Marty-Nelson, suggested I contact Professor Michael A. Olivas. She had read a personal account that Michael had posted on the Latino/a Law Profs Listserv that was relevant to my piece. She also was fairly confident that Michael would be amenable to my using His story in the article. I had never met Michael nor had I ever had the occa- sion to otherwise communicate with him either by telephone or email. So I was hesitant. How would he react when a stranger calls him to talk about His father's passing? I went ahead and called Michael, and I was truly pleased I did. We hit it off right away. We spoke about ourselves a bit, and he told me he had an aunt with the same name as me, Eloisa, so he would not forget who I was (lucky for me he loved his aunt). In the end, just as Elena had predicted, Michael was delighted that I wanted to include his post about his father in my article and immediately agreed. Thus my article begins as follows.
Several years ago, Professor of Law Michael A. Olivas underwent some inner emotional and religious turmoil concerning his father's death. Professor Olivas wrote: Before my father, Sabino Olivas, a great chilero, died, he left clear oral instructions to me that his ashes were to be spread on his chile plants. He died following a car accident in 1998. I was the executor of his will, and I was required to make a solomonic choice-he was also a lifelong Catholic, and Catholics may be cremated but their ashes are to be interred in consecrated ground. What is el hijo mayor to do? Do first son obligations trump fiduciary obligations? ls a chile plant "consecrated" ground, under [New Mexico] law? ls this a case of habeas corpus? So l took a pinch of ash and sprinkled it on the plants in the backyard, and l buried the rest in his grave in the Santa Fe Military Cemetery.
The Intersection of Law, Religion, and Infectious Disease on the Handling and Disposition of Human Remains
Eloisa Rodriguez-Dod, Aileen M. Marty, and Elena Marty-Nelson
The 2014 West Africa Ebola crisis highlights the pressing need for effective laws and procedures governing the handling and disposition of infectious human remains. Existing frameworks, both domestically and internationally, are inconsistent and underdeveloped in ways that jeopardize public health and disregard decedents’ wishes concerning post-mortem disposition, trample on survivors’ quasi-property rights, and conflict with religious beliefs regarding care of the body. These issues become critically important when death results from a highly contagious deadly disease. For example, persons who die of Ebola have very high levels of the Ebola virus on their skin and on any leaked bodily fluids. Thus, when family members come in contact with the body, they can contaminate themselves and others. The World Health Organization noted that certain religious rites in the post-mortem handling of Ebola patients, such as washing, shrouding, and praying over the deceased, directly contributed to a significant number of new Ebola infections in the 2014 outbreak. In addition to its preparation and handling, the final disposition of the body also presents significant concerns. Although cremation may be viewed as an ideal scientific solution for final disposition of Ebola victims, it may violate moral values, cultural practices, and many religious beliefs, and meet significant resistance. When Liberian President Sirleaf decreed that Ebola victims had to be cremated, many in the community viewed the mandate as contrary to religious tenets and, instead, performed secret burials that led to even more infections.
Without thoughtful and culturally sensitive laws and procedures in place, governments may, in times of crises, dictate particular methods of handling and disposing of highly contagious human remains that may not be as effective as needed and may unnecessarily infringe upon deeply held religious beliefs. The lack of an effective legal framework should be of serious concern to policymakers in all countries, including the United States. We propose the need for such a framework and provide guidance for decision makers confronting these issues. We suggest that any legal framework educate communities to understand the public health issues and empower them to address these issues in ways that respect religious beliefs. Moreover, in order to be truly effective, we also recommend that any solutions be inherently interdisciplinary and combine legal, medical, moral, humanitarian, and religious elements.
Law Professor and Accidental Historian: The Scholarship of Michael A. Olivas
Law Professor and Accidental Historian is a timely and important reader addressing many of the most hotly debated domestic policy issues of our times—immigration policy, education law, and diversity. Specifically, this book examines the works of one of the country's leading scholars—Professor Michael A. Olivas. Many of the academy's most respected immigration, civil rights, legal history, and education law scholars agreed to partake in this important venture, and have contributed provocative and exquisite chapters covering these cutting-edge issues. Each chapter interestingly demonstrates that Olivas's works are not only thoughtful, brilliantly written, and thoroughly researched, but almost every Olivas article examined has an uncanny ability to predict issues that policy-makers failed to consider. Indeed, in several examples, the book highlights ongoing societal struggles on issues Professor Olivas had warned of long before they came into being. Perhaps with this book, our nation's policy-makers will more readily read and listen closely to Olivas's sagacious advice and prophetic predictions.
Writing, Mentoring, and Even Battling Lurking Variables
Those that have the good fortune to read this anthology, which was written by many of the country's leading lights in the fields of immigra- tion policy, legal history, and law and education, will grow to appreciate the significance of professor, and now president of the University of Hous- ton, Downtown, Michael Olivas. These readers will likely be inspired by his pathbreaking legal scholarship, his prophetic legal and political analy- sis, which is often a decade or more ahead of its time, and his sorely needed counter to the skewed and narrow-minded dominant narrative of Latino and Latina experience in the United States. Many will be at least equally inspired by his Sisyphean yet undaunted struggle to make our legal acad- emy and our country more diverse, welcoming, and merit-based. Thus, unlike the countless stereotypical Hollywood depictions of the lazy and uneducated Latina or Latino, the dean of the Latino/a law profes- soriate has fought inequity with the proverbial pen, has used his keen intellect, cogent analysis and tireless energy to pen foundational and prescient works, and has engaged in aggressive and perhaps even pointed activism that has literally changed the face ( or faces) of our profession, but which also occurred with significant personal costs. For many of us in our ivory towers, we can only dream of having even a fraction of the impact Professor Olivas has had in his career. He has changed countless lives of academics, young and older immigrant families, and too many others to count in this essay. Each nevertheless will undoubtedly remain indebted, grateful, and proud to have such a force of nature championing their important causes, which in all likelihood would have gone unaddressed had he not become their champion. One of his most successful and inspiring mentees, and champion in his own right, Dean Kevin Johnson, aptly illustrated in the introduction to this volume how Olivas has championed sorely needed accurate Latina/o narratives. For me, Professor Olivas has also armed us with the courage to "walk the walk" with him in our own writings and our respective community engagement, and our efforts have been supported by the knowledge that an all-powerful figure in our profession will always "have our backs," or "support us," as perhaps our Anglo friends would prefer to describe it.
Genocide by Deportation into Poverty: Western Diplomats on Ottoman Christian Killings and Expulsions, 1914-1924
"The final years of the Ottoman Empire were catastrophic ones for its non-Turkish, non-Muslim minorities. From 1913 to 1923, its rulers deported, killed, or otherwise persecuted staggering numbers of citizens in an attempt to preserve "Turkey for the Turks," setting a modern precedent for how a regime can commit genocide in pursuit of political ends while largely escaping accountability. While this brutal history is most widely known in the case of the Armenian genocide, few appreciate the extent to which the Empire's Assyrian and Greek subjects suffered and died under similar policies. This definitive volume is the first to comprehensively examine the genocides of the Armenians, Assyrians, and Greeks in comparative fashion, analyzing the similarities and differences among them and giving crucial context to present-day efforts for reparative justice."--Provided by publisher.
Colombia: Ungoverned Territory and the Proliferation of Non-State Actors
Victor M. Uribe-Uran
Colombia is located in a strategic position in the Andean region as it borders Panama, Brazil, Venezuela, and Ecuador. In addition, it has access to two oceans and is only a two-and-a-half-hour airplane ride from the United States. Therefore, instability in the country can impact regional security and even security in the United States. Colombia has been a key ally of the United States as demonstrated by the fact that the United States has invested $10 billion in aid to help the Colombian government combat drug trafficking, organized crime, and the guerrilla organizations that exist in the country.
The main objective of this chapter is to address some of the historical narratives, geopolitical and cultural factors, and demographic foundations of Colombia's strategic cultural orientation. The chapter also seeks to highlight key strategic cultural values and traditional orientations exhibited by the country (both the elite and the masses); to identify the primary purveyors of strategic culture; and, to look at continuities, changes, and challenges for strategic culture, particularly contemporary ones.
Origins of Labor Rights and Justice in Colombia, 1850-1950
Victor M. Uribe-Uran and Germán Alfonso Palacio Castañeda
Works addressing the history of Colombian labor rights and justice during the period covered in this chapter are limited in number and depth. Contemporary technical juridical manuals and legal compilations, quite useful as historical sources, are certainly available. Other than these, the one text that pays greater attention to historical legal aspects is an insightful book written from a Marxist perspective. Its authors suggest that the labor legislation enacted during some of the decades covered in this study was mainly the result of the implacable "logic of capital,” directed at crippling the labor movement and maximizing capitalist productivity. However, they do not pause over the emergence, nature, and meaning of labor justice, and neither do they discuss the labor jurisdiction (a separate specialized court system) as such. After all, the labor one was just an expression of bourgeois justice in general and, thus, at the service of capitalist accumulation. An additional study combining historical insights with technical legal analysis pays closer attention to the vicissitudes of unionization - related laws than labor courts and justice. Another work examines historical aspects briefly and mainly as background information for a sociological discussion concerning the operation of labor justice in recent decades. One more touches on a period closer to that under examination here but does not focus at all on the transition from civil to labor justice, an aspect addressed in this essay. Therefore, this chapter is a preliminary attempt to fill a historiographical gap on the circumstances behind the emergence of a specialized system of labor courts and procedures. As the introduction of this book suggests, like the rest of the chapters this one strives to connect labor history and legal history. It offers, in particular, a general "archeological" overview of a labor justice in Colombia, looking at its connections to labor conflicts and related state reforms and policies. While the chapter highlights the overall historical meaning of this new legal and judicial specialty, the actual operation of labor justice is beyond the essay's scope and would require further studies.
Lactation and the Working Woman: Understanding the Role of Organizational Factors, Lactation Support, and Legal Policy in Promoting Breastfeeding Success
Valentina Bruk-Lee, Deborah Albert, and Kerri Stone
This chapter explores the organizational factors shown to impact a woman’s ability to successfully combine breastfeeding and work. As such, we explore the role of support for breastfeeding at work, flexible work arrangements, organizational policies, and other work characteristics on women’s work attitudes and well-being, as well as on, breastfeeding initiation and/or duration. The chapter discusses interventions to overcome organizational barriers, with a focus on employer education efforts and workplace lactation programs, both of which promote breastfeeding continuation upon return to work while resulting in numerous corporate benefits. Last, we conclude with a timely overview and interpretation of the complex legal landscape surrounding this critical topic in the United States, including a discussion of recent changes in legislation intended to afford the lactating working mother additional protection in the American workplace.
The International Criminal Court in an Effective Global Justice System
Linda E. Carter, Mark S. Ellis, and Charles Chernor Jalloh
International tribunals need to interface effectively with national jurisdictions, which includes coordination with domestic judicial prosecutions as well as an appreciation for other non-judicial types of transitional justice. In this book, the authors analyze the earlier international tribunals established since the 1990s and the parallel national proceedings for each. In examining the ways in which the ICC can best coordinate with national processes this book considers the ICC’s present interactions with national jurisdictions and the statutory framework of the Rome Statute for interface with national jurisdictions.
Transnational Commercial Surrogacy: Contracts, Conflicts, and the Prospects of International Legal Regulation
Cyra Akila Choudhury
With the emergence of assisted reproductive technologies, particularly in vitro fertilization, gestational surrogacy in which an woman can be hired to gestate the child of commissioning parents has grown into a multimillion dollar industry. While many countries prohibit surrogacy, others permit and some even allow women to charge for the service of gestation on a commercial basis. This article addresses the regulation of transnational surrogacy and the related legal conflicts that arise in cross-border agreements particularly in commercial contracts It starts with a brief exploration of the surrogacy industry and growth. It then goes on to describe and analyze some of the legal frameworks that affect surrogacy contracts. The article proceeds to discuss some of the most prominent cross-border controversies to highlight that these conflicts tend to arise from a lack of international or transnational regulation on parentage and citizenship. Finally, the article explores the proposals for international regulation and the prospects of solving some of the more difficult legal problems that have arisen from transnational surrogacy.
¿Ayuda la Internacionalización? Un Análsis del Proceso de Paz Colombiano de 1998
Jorge L. Esquirol
El 27 de agosto del 2012 el presidente de la República anunció que había llegado a un acuerdo con el movimiento guerrillero FARC-EP para emprender negociaciones que condujeran a la terminación del conflicto armado. Las negociaciones han sido presentadas como el paso definitivo hacia una paz que favorecerá el progreso económico y el bienestar general y han sido recibidas con grandes expectativas. No obstante, los discursos que anuncian la paz no son nuevos para el país, y los colombianos han perdido la ingenuidad cuando se trata de las FARC. Entre otras cosas, el público tiene una teoría sobre el conflicto, las negociaciones y la paz, que este libro procura ayudar a construir.
Ficções do Direito Latino-Americano
Jorge L. Esquirol
A Coleção Teoria e História do Direito, coordenada por Ronaldo Porto Macedo Junior e José Reinaldo de Lima Lopes, oferece ao leitor brasileiro alguns dos mais recentes e relevantes textos, nacionais e estrangeiros, da teoria e da história do pensamento jurídico. Considerando o caráter institucional do direito, a integração entre teoria e história ajuda a entender de maneira mais completa o que fazem e como pensam os juristas. Esta coletânea reúne ensaios do autor sobre direito comparado latino-americano. Neles o autor discute e critica duas ficções hegemônicas sobre o Direito na America Latina: a de que seria uma mera copia do Direito europeu e de que seria um Direito fracassado, sempre incapaz de atingir os níveis de excelência formal e de desempenho alcançados nos países do capitalismo central. Ao desafiar estas ficções Esquirol oferece ao leitor um inspirado e rigoroso texto que servirá de grande estimulo aos interessados em Direito Comparado, Historia do Direito, Direito Internacional e Direito e Desenvolvimento.
La Geopolítica del Constitucionalismo en Latino-América
Jorge L. Esquirol
El presente libro se encuentra estructurado en tres partes bien diferenciadas. En la primera, se examina la relación que existe entre el constitucionalismo latinoamericano y el estadounidense. En la segunda parte del libro, se examina críticamente la experiencia que ha tenido Latinoamérica tanto con el constitucionalismo liberal como con el radical durante los últimos 25 años. Se analiza la experiencia de países como Colombia, México y Argentina y se hace un balance de las experiencias ecuatoriana, boliviana y venezolana. En la tercera parte, se examinan algunas de las fortalezas del modelo constitucional estadounidense.
The Impact of Transnational Comparativism on Law in Latin America
Jorge L. Esquirol
Legal development may happen slowly, but law never stands still. Among the many factors having an impact on legal development, the influence of foreign and international patterns, although often controversial, is not questionable. But to what extent do foreign and international laws actually affect (the different paths of) legal development? The book aims to provide an answer to this question through different perspectives – from human rights and environmental law to commercial and contract law – and in different geographical contexts – from Europe to Africa, from Asia to Latin America.
LexisNexis Practice Guide: Florida DUI Law
H. Scott Fingerhut and Robert Reiff
With its easy-to-navigate table of contents, concise on-point writing, and abundant practical features, LexisNexis Practice Guide: Florida DUI Law provides an excellent source to help attorneys find answers to their questions about Florida DUI practice. • Appendix of forms contains dozens of sample forms attorneys can readily adapt for use in their practice. • Warnings, timing alerts, strategic points, and exceptions point out potential issues and help prevent practice missteps. • Checklists help ensure attorneys don't overlook important considerations or procedural steps in building a case. • Coauthor is well-known as expert in Florida DUI law. Practice guide combines on-point coverage of the law with practical, "how to" insights developed through author's years of practice experience. • Annual updating with replacement volumes ensures that all coverage remains current. Coauthor Robert S. Reiff has more than 30 years of experience representing clients accused of DUI and other criminal offenses. He was the only DUI/DWI lawyer named by "Best Lawyers in Florida" for 2016 and was among just six attorneys selected as Super Lawyers in the Criminal Defense: DUI/DWI section for 2016.
Winning Arguments: What Works and Doesn’t Work in Politics, the Bedroom, the Courtroom and the Classroom
Stanley Eugene Fish
A lively and accessible guide to understanding rhetoric by the world class English and Law professor and bestselling author of How to Write a Sentence. Filled with the wit and observational prowess that shaped Stanley Fish’s acclaimed bestseller How to Write a Sentence, Winning Arguments guides readers through the “greatest hits” of rhetoric. In this clever and engaging guide, Fish offers insight and outlines the crucial keys you need to win any debate, anywhere, anytime—drawn from landmark legal cases, politics, his own career, and even popular film and television. A celebration of clashing minds and viewpoints, Winning Arguments is sure to become a classic.
Bank Funding, Liquidity, and Capital Adequacy: A Law and Finance Approach
Focusing primarily on the banking system in the United States, this book offers an innovative framework that integrates a depository bank’s liquidity and its capital adequacy into a unified notion of funding that helps to explain how the 2007–2008 crisis unfolded, why central banks succeeded in resolving the crisis, and how the conceptual legacy of the crisis and its resolution led to lasting changes in bank funding regulation, including new objective requirements for bank liquidity. To provide a comparative context, the book also examines the funding models of non-bank intermediaries like dealer banks and insurers.
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