Indiana international and comparative law review最新文献

{"title":"Sovereign Disobedience: The Role of U.S. Courts in Curtailing the Proliferation of Sovereign Default","authors":"Joshua Burress","doi":"10.18060/7909.0023","DOIUrl":"https://doi.org/10.18060/7909.0023","url":null,"abstract":"On December 23, 2001, Argentine President Adolfo Rodriguez Saa declared that Argentina intended to default on more than $95 billion in external debt.1 Prior to being unseated by Greece in March of 2012,2 Argentina’s declaration of default was the largest in history.3 However, the significance of Argentina’s default would not be eclipsed quite so easily. Thanks to the Second Circuit Court of Appeals and its recent decision in NML Capital, Ltd. v. Republic of Argentina,4 not only has the notoriety of Argentina’s default been revitalized, it may soon be acclaimed for predicating substantial developments in the Supreme Court’s sovereign default jurisprudence.5 In NML, the Second Circuit upheld a high-profile injunction imposed by the district court against the country of Argentina.6 The underlying lawsuit was precipitated by Argentina’s default on municipal bonds held by private investors.7 After placing a moratorium on the payment of these bonds, Argentina made the decision to restructure its debt, culminating in a “take it or leave it” offer of new bonds (“Exchange Bonds”) to then-current bondholders.8 The plaintiffs in NML represent a group of “holdout” creditors","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126889546","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Public Defender System: A Comparative Assessment","authors":"C. Brennan","doi":"10.18060/7909.0022","DOIUrl":"https://doi.org/10.18060/7909.0022","url":null,"abstract":"In 2013, the United States District Court for the Western District of Washington issued a stunning decision. The Court handed down a ruling that found a broken indigent defense system to “an extent that ‘the individual defendant is not represented in any meaningful way, and actual innocence could conceivably go unnoticed and unchampioned.’”2 In this decision, the Court intended a strong message to the nation: “If you’re not running a public defense system that complies with the constitution, you’d better fix it.” There are three types of indigent defense models used throughout the United States. They are: “1) public defender systems; 2) assigned counsel; and 3) contract counsel.”3 The type discussed mainly in this Note is the public defender model. The state or county is the primary funding source in the public defender model.4 A public defender’s job is to represent indigent defendants. “Indigent defense involves the use of publicly financed counsel to represent criminal","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-09-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115013038","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Access to Higher Education for Undocumented and \"Dacamented\" Students: The Current State of Affairs","authors":"Angela Adams, Kerry Boyne","doi":"10.18060/7909.0004","DOIUrl":"https://doi.org/10.18060/7909.0004","url":null,"abstract":"An estimated 11.5 million of the more than 40 million foreign-born individuals residing in the United States are considered “undocumented immigrants.”1 Roughly 1.8 million of the nation’s undocumented population is eighteen years old or younger,2 and an estimated 65,000 undocumented students graduate from American high schools each year.3 In light of the expansive undocumented youth population in the United States, on June 15, 2012, the Obama Administration authored the memorandum","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-04-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121172688","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Regaining the Economic Edge: Policy Proposals for High-skill Worker and Student Authorizations","authors":"Jeff Papa, J. Whelan","doi":"10.18060/7909.0003","DOIUrl":"https://doi.org/10.18060/7909.0003","url":null,"abstract":"The unrivaled dominance of the United States’ economic power and institutions of higher education, coupled with its need to compete for hearts and minds in third-world countries during the Cold War, led to the development of a U.S. immigration system which focused more on family unification, refugee protection, protection of U.S. labor markets, and diversity than on the need to compete economically with other nations. This framework can be seen in both the rules surrounding foreign students attending U.S. universities and in rules regarding permanent residence and short term visas for highly skilled foreign workers. A recent report by the National Foundation for American Policy found that foreign students comprise “70 percent of the full-time graduate students (masters and PhDs) in electrical engineering, 63 percent in computer science, 60 percent in industrial engineering, and more than 50 percent in economics, chemical engineering, materials engineering and mechanical engineering.”1 Given this alarming statistic that the majority of critical science, technology, engineering, and mathematics (STEM) graduate students are foreign visitors, how will the critical occupations requiring these skills in the United States be filled? 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? Beyond this domestic concern, is the current balance of education simply working to train foreign students to compete with the United States after they return home? In this paper we will examine the current state of noteworthy U.S. practices in higher education, short term professional visas, and permanent residence. After this analysis of current U.S. practices, we will offer several practical suggestions for reforming U.S. laws in these areas.","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-04-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132690250","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Sex Work, Migration, and the United States Trafficking in Persons Report: Promoting Rights or Missing Opportunities for Advocacy?","authors":"C. Petersen","doi":"10.18060/7909.0007","DOIUrl":"https://doi.org/10.18060/7909.0007","url":null,"abstract":"While the feminist debate on commercial sex reflects strong theoretical differences, all sides acknowledge the importance of studying women’s experiences in particular situations.1 Post-colonial feminist theory has sharpened the analysis of sex work by demonstrating the dangers of assuming a single narrative of victimization.2 Women’s accounts of sex work are affected by a multitude of factors, including economic inequality; the presence or absence of legal rights; and gender, ethnic, and class discrimination.3 The state plays an important role as it largely determines whether sex workers (both migrant and domestic) are viewed as victims, criminals, or working persons.4 In addition to domestic politics, the treatment of sex work is also increasingly affected by the global anti-trafficking movement and","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-04-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124723462","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Loosening Lips to Avoid Sinking Ships: Designing a Ship Communications System for the Bering Strait Region","authors":"E. Ristroph","doi":"10.18060/18279","DOIUrl":"https://doi.org/10.18060/18279","url":null,"abstract":"This article compares systems that regulate ship traffic and communications and discusses the legal requirements for each one. It provides recommendations for a regulatory system for the Bering Strait and its surrounding waters — a remote and ecologically important region that is vulnerable to damage from increasing Arctic ship traffic. In cooperation with its Russian counterpart, the United States Coast Guard could work through the International Maritime Organization to establish a ship reporting system, a ship routing system, and/or vessel traffic services, as well as special areas that would be subject to additional regulatory measures. In designing a system, the Coast Guard should consider the Alaska Eskimo Whaling Commission reporting system already in place for oil and gas vessels in waters off the coast of Alaska.","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"2012 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114672736","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Whither Egypt? against religious fascism and legal authoritarianism: pure revolution, popular coup, or a military coup d’état?","authors":"M. Arafa","doi":"10.18060/18263","DOIUrl":"https://doi.org/10.18060/18263","url":null,"abstract":"One important question has been raised since the now-removed Islamist President Mohammad Morsi took the office of the Republic on June 30, 2012: will Egypt be an Islamic State with legislation based onIslamic (Sharia) Law? Egyptian people expel the accusations proliferated by extremist streams and radical Islamists that the concept of a “civil (secular) State” is anti-religious or that it interests only the prosperous minority. Such untrue discourse and dialogue by extremists misinforms the folks, as the human logic and knowledge shows that a State which is based on just laws, fair statutes, and respect for human rights is not antagonistic to religion, and is in the public interest of the whole community. Furthermore, playing on religious sentimentalities by saying that God’s (Allah’s) sovereignty — as argued by some rigid classical religious jurists — rather than the people destabilizes the legal institutions and main foundations of the modern democratic civil state by adopting and codifying theocratic and radical notions takes Egypt back into the Dark Ages. Accordingly, this opens the door to complicated issues in constitutional litigation, and the enactment and repeal of legal rulings according to religious interpretations based on misunderstanding of the principles of divine sovereignty in Islamic law. In this domain, the conflation of Islam and Islamism has permeated the interpretation of Egypt’s ethnic and personal character, leading one legal and political scholar to label the Muslim Brotherhood as “the Muslims” or “Islamic” while calling their opponents “non-Islamic.” Islamism is considered a vague politicization of a specific religious attitude throughout the Middle Eastern Arabian World and cannot be associated with Islam as a belief or faith. The Egyptian Government, along with Egyptians, are in favor of having a place in a civil democratic Egypt for quiet, peaceful Islamists who would not want to change the State’s national character and the form of its government into an Islamic religious theocracy. The scuffle to define and explain the concept of “Islam” in Egypt has a long legal and constitutional history as those who favor political Islam square off against those who prefer a more secular-oriented form of government. Generally speaking, the state’s main obligation in any country is to preserve public order and protect and defend its national citizens. This duty is generally difficult to harmonize with the accountability of any non-state dynamic. To further illustrate the far-reaching effects of the June 30 and July 3 events, this Article contains four parts including the introduction. Part two provides a concise framework establishing the theoretical and ethical underpinnings of Egyptian politics. Then, part three discusses the definition of the relevant religious laws and legislation in Egypt and how they can be enacted under Islamic law in the light of the flexible Sharia’s definition and interpretation, especially within the ne","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"582 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-01-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117068145","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Muslim and Christian orientation to human rights: human dignity and solidarity","authors":"David L. Johnston","doi":"10.18060/18264","DOIUrl":"https://doi.org/10.18060/18264","url":null,"abstract":"On the far side of the terrifying abyss of World War II—the culmination of humanity’s most horrific and deadly half century—nations came together and hammered out the text of the Universal Declaration of Human Rights. As any legal (or quasi-legal) document of its kind, it truly was the product of an arduous process of negotiation and debate—two years, in fact. Of the forty-eight original signatory nations, none voted against it and only eight abstained, mostly communist bloc countries and one Muslim-majority State, Saudi Arabia. As the Muslim world witnessed a resurgence of conservative religiosity starting in the 1970s, more criticism of the human rights concept and its international law documents arose in that context. As a result, European Muslims drafted the “Universal Islamic Declaration of Human Rights” in 1981 and nine years later the Organization of the Islamic Conference (OIC) published the Cairo Declaration of Human Rights in Islam. My purpose in this paper is not to discuss the intra-Muslim debates","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"320 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-01-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127460960","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Shout for Freedom to Curse at the Kingdom: Contrasting Thai Lèse Majesté Law with United States First Amendment Freedoms","authors":"S. Baber","doi":"10.18060/18281","DOIUrl":"https://doi.org/10.18060/18281","url":null,"abstract":"Lese-majeste (or lese majesty) laws prohibit insults, defamation, and criticism towards royal sovereigns of States. In an age of rising transparency and fight for democracy, these laws are seldom enforced and seem to be disappearing in countries where they exist. However, Thailand’s lese majeste laws, more than 100 years after their implementation, are still strongly enforced—more than 400 cases came to trial between 2006 and 2011. To avoid reprimand, citizens must at all times be wary of their public or even private discussions and published works relating to Thailand’s royalty. One need not look further than the codified law to understand the length and strength of its reach: Section 112 of the Thai Criminal Code states, “Whoever, defames, insults or threatens the King, the Queen, the Heir-apparent or the Regent, shall be punished with imprisonment of three to fifteen years.”","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"65 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-01-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122811992","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"La Mano Extendida: The Interaction Between International Law and Negotiation as a Strategy to End Gang Warfare in El Salvador and Beyond","authors":"Emma Mahern","doi":"10.18060/18283","DOIUrl":"https://doi.org/10.18060/18283","url":null,"abstract":"In August 2012 and again in May 2013, gang members came face-toface with government leaders and representatives of the Organization of American States (OAS). The gang members arrived with hundreds of weapons; they were not there to use these weapons, but rather to lay down their arms as a sign of good faith in their struggle to negotiate a lasting peace. Over the past decade there has been increasing awareness of transnational gangs as a threat to regional security in the Americas. This led Silvia Aguilar, the El Salvadorian Vice-Minister of Justice, to say that “[d]omestic crime and its associated destabilization are now Latin America’s most serious security threat.” According to a 2012 report by the International Center for Migrant Human Rights, crime is now the main cause of displacement in Central America, and it is comparable to the displacement caused by civil wars in the region in the 1970s and 1980s. In 2011, the Geneva Declaration’s Global Burden of Armed Violence Report named El Salvador the country with the world’s most violent deaths. Transnational gangs have been linked to shocking displays of violence, drug and human trafficking, as well as extortion. The regional and domestic strategies of the countries most affected have been a blend of suppression","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"230 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-01-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115016526","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}