bluuebunny/crossref_metadata_2025_split huggingface dataset:
Convention on the Transfer of Prisoners Among the Communist Countries
Authors: Glos George E. 
Published: March 2019

The primary task of this Section of the IJLL is to alert the readers either to comparative legislative developments in a particular subject area or to highlight a single major piece of legislation which is likely to have an impact or influence on other than a national forum. It will also attempt to survey international acts and documents affecting the relations within the community of nations as well as the legislative programs and policy of the states involved.Materials intended for publication in this Section should be sent to the Section Editor, Dr. Ivan Sipkov, European Law Division, Law Library, Library of Congress, Washington, D.C. 20540 (U.S.A.). They will be published, upon acceptance, under the contributor's name.
Islamic Governance, Capital Structure, and Equity Finance: Examining the Possibilities of American Financial Sharī'ah Boards
Authors: Mahmood Rafel 
Published: March 2019

AbstractIn this world of misinformation and predatory ideologies, a basic economic connection may be the difference between the success and failure of American foreign policy in the Middle East. In times of conflict, establishing the commonality of shared financial values can be the best way to build trust. It is remarkable then that the world's largest and most advanced economy has failed to develop the simple financial mechanisms—using Islamic finance and Sharī'ah boards—to connect with Muslims across the globe. Even if the United States’ central focus remains combating terrorism, it is clear that the more financial information the United States can gather, the better equipped it will be to fight the war on terror. Along with the enhanced information capital made possible through Islamic finance and Sharī'ah boards are significant reputational advantages that the United States would not otherwise have. For instance, an Islamic-American humanitarian institution could be certified by multiple clerics in Iraq, thus offering new momentum to the organization's humanitarian mission by preventing numerous belligerent attacks that terrorists might subject upon a purely American institution that lacks the legitimacy conferred through such Islamic ties.Currently, The United States' continuing domestic failure to develop a compatible framework for Islamic finance verges on negligence. This failure is strongly contrary to broader American commercial interests. Consider that economists estimate the outflow of Sharī'ah capital from Gulf countries to be approximately $1 trillion, growing at 20% per annum. Additionally, Gulf countries are currently set to spend upwards of $10 trillion on new infrastructure over the next decade using Sharī'ah compliant financing vehicles. The world currently has roughly two billion Muslims, many of which will one day demand, or at least prefer, Sharī'ah compliant financial products. If the United States does not develop the administrative and legal framework to serve this market, other foreign financial institutions surely will. In fact, economists currently value the Islamic finance industry in the United Kingdom at $12 billion. In stark contrast, in the United States this same market comprises a mere $150 million in assets. This article will examine the necessary mechanics of establishing an Islamic-American corporation in Delaware for the purposes of conducting transactions with the Middle East, and analyze in detail the essential Islamic financial governance structure-the Shari'ah board.
Accessing Legal Information Across Boundaries: A New Challenge
Authors: Peruginelli Ginevra 
Published: March 2019

AbstractIn the actual multilingual and multicultural environment there is a significant need, in the academic world, in the legal profession, in business settings as well as in the context of public administration services to citizens, of common understanding and exchange of legal concepts of the various legal systems. At the same time, there is a strong pressure for the preservation of their basic sense and value. Both requirements are quite difficult to meet, and they are complicated by the complexity of legal language and by the variety of modalities used to express law within the various legal systems. Unlike a number of technical and scientific disciplines where a fair correspondence exists between concepts across languages, serious difficulties arise in interpreting law across countries and languages. This is largely due to the system-bound nature of legal terminology. This paper focuses on cross-language retrieval systems’ ability to facilitate access to legal information across different languages and legal orders. As such, issues are addressed relating to linguistics and translation theory, comparative law, theory of law, as well as natural language processing techniques, while some recommendations are provided with the aim to contribute to cross-language retrieval of law.
A Closer Look: A Symposium Among Legal Historians and Law Librarians to Uncover the Spanish Roots of Louisiana Civil Law†
Authors: Filiu Vincenç , Kim-Prieto Dennis , Miguel Teresa 
Published: March 2019

AbstractThe debate regarding whether the origin of Louisiana civil law is based in the Spanish or in the French legal tradition has been ongoing since that state's incorporation into the United States as a result of the Louisiana Purchase. Distinguished legal scholars have argued in favor of one tradition being dominant over the other, and each has been staunch in support of that view. This article proposes and demonstrates that the Spanish, not French, civil law had an enormous influence on the creation and evolution of Louisiana civil law, and that this legacy resonates today.
Information Literacy in Law: Starting Points for Improving Legal Research Competencies
Authors: Kauffman Blair 
Published: March 2019

AbstractImproving information literacy in law translates into developing methods for improving legal research competencies among lawyers, law students and the general public. This paper summarizes four approaches for improving legal research skills of prospective lawyers in U.S. law schools and discusses their successes and shortcomings to help assess their potential application in an international environment. These approaches include: (1) offering mandatory law school courses in legal research; (2) adding elective (or optional) credit based courses in legal research; (3) offering non-credit legal research support to law students at their point of need; and (4) testing prospective lawyers on their legal research competencies as a requirement to being licensed to practice law.
The Academic Law Library and the Prospects for Diversity in the Legal Profession
Authors: Ademodi Olugbenga 
Published: March 2019

AbstractThis study examines the interpretation of the American Bar Association's accreditation standard for law schools in the United States and the effect it could have on minority students studying in such law schools. It shows how such students will be greatly disadvantaged. It also shows the principle underlying the solution and how academic law libraries can aid in solving the problem and make a diverse bar a reality.
Global Compilation of National Legislation Against Racial Discrimination
Authors: Schaaf Robert W. 
Published: March 2019

The united nations recently issued a compilation of national legislation against racial discrimination. The publication, which has a 1991 imprint, bears the title: Second Decade to Combat Racism and Racial Discrimination: Global Compilation of National Legislation against Racial Discrimination. This volume covers 205 pages and carries the symbol: HR/PUB/90/8.The Charter of the United Nations, which was signed in June 1945 at San Francisco, entrusts the UN with promoting and ensuring respect for human rights and fundamental freedoms “for all without distinction as to race, sex, language or religion.” The General Assembly, in one of its first resolutions, declared in 1946 “that it is in the higher interests of humanity to put an immediate end to religious and so-called racial persecution and discrimination.” The Universal Declaration of Human Rights, adopted by the General Assembly December 10, 1948, is the most fundamental human rights instrument adopted by the United Nations. Since that time there have been numerous conventions and declarations aimed specifically at eliminating racial discrimination. These include the Declaration and International Convention on the Elimination of All Forms of Racial Discrimination, adopted November 20, 1963 and December 21, 1965, respectively, and the Convention on the Suppression and Punishment of the Crime of Apartheid, adopted November 30, 1973.
Research and Analytical Services for National Legislatures: A Preliminary Analysis
Authors: Robinson William H. 
Published: March 2019

Currently available data on legislative research and analytical services are skimpy and contradictory, largely because of incomplete definitions about what constitutes “research” in a parliamentary setting and also because of the many actors that may be engaged in the enterprise.This paper represents a preliminary step in ascertaining more accurately the extent and location of research services operating in legislatures. It is drawn from a survey designed to obtain broader coverage of research units that may be based outside the parliamentary library, and offers brief vignettes describing several research services to illustrate the variety of such activities and settings.
Their Liberties, Our Security Democracy and Double Standards
Authors: Cole David 
Published: March 2019

To those who pit Americans against immigrants and citizens against non-citizens, to those who scare peace-loving people with phantoms of lost liberty, my message is this: Your tactics only aid terrorists, for they erode our national unity and diminish our resolve. They give ammunition to America's enemies, and pause to America's friends.—Attorney General John Ashcroft, 6 December 2001
A Bibliography of Articles in non-Scandinavian Languages 1963—1993 in Norwegian Legal Festschriften
Authors: Kongshavn Halvor 
Published: March 2019

This bibliography contains contributions written in non-Scandinavian languages in Norwegian legal festschriften 1870–1993. For this period I have registered 69 legal festschriften. Thirteen contain contributions in non-Scandinavian languages.These thirteen festschriften are listed first alphabetically, then the articles - systematically and alphabetically – with reference to the festschrift (e.g. «Castberg (1963)» refers to «Festskrift til Frede Castberg…»). Some articles are listed twice (some even three times) in the systematical list. Articles with two or three authors can be found under each author's name in the alphabetical list.
Compact bandpass-filtering response power divider with high-frequency selectivity and high isolation
Authors: Li Jiawei , Song Kaijun , Xia Fei , Patience Shema Richard , Guo Song , Fan Maoyu 
Published: March 2019

AbstractA compact high-isolation power divider with bandpass response and high-frequency selectivity is presented in this letter. Two dual-mode resonators are used to realize filtering response. The circuit size of the proposed power divider can be reduced by using dual-mode capacitance loaded square meander loop resonators. Due to capacitive load, the resonator can exhibit slow-wave characteristics, which can be utilized to suppress harmonics and reduce size. The simulated and measured results show reasonable agreement.
Republication- Lochner Abroad: Substantive Due Process and Equal Protection in the Federal Republic of Germany
Authors: Currie David P. 
Published: March 2019

[T]here exists some strange misconception of the scope of this [due process] provision. … [I]t would seem, from the character of many of the cases before us, and the arguments made in them, that the clause… is looked upon as a means of bringing to the test of the decision of this court the abstract opinions of every unsuccessful litigant… of the justice of the decision against him, and of the merits of the legislation on which such a decision may be founded.As Justice Miller's famous lament suggests, wishful thinkers have sought since the beginning to find a way of making the United States Supreme Court ultimate censor of the reasonableness of all governmental action. Justice Chase thought he had discovered the magic wand in natural law, Justice Bradley in the Privileges or Immunities Clause, Justice Goldberg in the Ninth Amendment. Miller battled bravely, but he had lent significant support to the enemy with his freewheeling opinion inLoan Association v. Topeka.The fire was kept flickering in dissent and in majority opinions upholding laws against due process and equal protection challenges only because they were reasonable. It burst into full flame inLochner v. New Yorkin 1905, and for the next quarter century the Supreme Court was indeed what Justice Miller had denied it should be: ultimate censor of the reasonableness of all governmental action.
Regeneration Europe: Towards Another Europe
Authors: Hartmann Moritz , de Witte Floris 
Published: March 2019

This special issue of the German Law Journal is devoted to the ideas of regeneration Europe, an initiative that calls for a new normative paradigm for the European Union. At its very core, regeneration Europe argues that the European Union should be more European and that it should more firmly reflect the European modus operandi of society. While it is unmistakable that the European Union is experiencing a crisis of identity—among the many other types of crisis that the contributions to this special issue highlight—it is hardly controversial to state that Europe is more than a market, more than an incipient political community or fiscal union. To its citizens, Europe is, first and foremost, a tangible reality. The difficulty in describing the Union's normative texture, or the “nature of the beast,” as legal scholars particularly enjoy doing, does not reduce its tangible reality. Cultural diversity, political pluralism and individualism do not necessarily presume self-referential indecision. As Jonathan Franzen wrote on the indeterminacy of the US cultural framework:[I]t is fashionable … to say that there is no America anymore, there are only Americas; that the only things a black lesbian New Yorker and a Southern Baptist Georgian have in common are the English language and federal income tax. The likelihood, however, is that both the New Yorker and the Georgian watch Letterman every night, both are struggling to find health insurance, both have jobs that are threatened by the migration of employment overseas, both go to discount superstores to purchase Pocahontas tie-in products for their children, both are being pummeled into cynicism by commercial advertising, both play Lotto, both dream of fifteen minutes of fame, both are taking a serotonin reuptake inhibitor, and both have a guilty crush on Uma Thurman.
Judging Nuremberg: The Laws, the Rallies, the Trials
Authors: Lock Tobias , Riem Julia 
Published: March 2019

The 60th anniversary of the trial against the major war criminals of World War II before the International Military Tribunal Trial (IMT) in Nuremberg was the subject matter of an international conference held in Nuremberg from Sunday, July 17 to Wednesday, July 20, 2005. The conference was presented by Touro College Jacob D. Fuchsberg Law Center, Institute on the Holocaust and the Law, Huntington, USA, in association with the Foundation “Remembrance, Responsibility and Future” – “Remembrance and Future” Fund, supported, amongst others, by the Higher Regional Court of Nuremberg, the Faculty of Law, Friedrich-Alexander University, Erlangen-Nuremberg and the German-American Lawyers’ Association.The pre-conference session was opened by the President of the Nuremberg Higher Regional Court, Dr. Stefan Franke, who welcomed the audience in “the room where world history was made”, the original setting of the IMT in courtroom 600 at the Nuremberg Palace of Justice. He was followed by Prof. Dr. Mathias Rohe (Dean of Law, Friedrich-Alexander University, Erlangen-Nuremberg), who, as a sign of remembrance, read out a list of those members of the University who were deprived of their doctorates during the Third Reich.
The European Influence on German Anti-Terrorism Law
Authors: Petzsche Anneke 
Published: March 2019

The international context plays a role in the fight against terrorism that is not to be underestimated. On the one hand, international law poses legal obligations that lead and limit the national legislator in his actions. On the other hand, it has become clear that terrorism nowadays is an international problem that concerns not only individual states but the whole international community. The states have recognized that in order to counter the terrorist threat, an approach only on the national level cannot suffice. As a result, the fight against terrorism has shifted increasingly to the international and supranational level. For Germany the European influence is of particular importance. Therefore, the assessment of the European Commission regarding the handling of terrorist threats gains relevance:Modern terrorism is eminently global. The dissemination of propaganda aiming at mobilization and recruitment as well as instructions and online manuals intended for training or planning of attacks via the Internet have an intrinsic international and cross-border character. The threat is international, and so must be at least part of the answer.”
Constitutional Review by the Judiciary in the Netherlands: A Bridge Too Far?
Authors: van der Schyff Gerhard 
Published: March 2019

One could be forgiven for thinking that constitutional review by the judiciary is invariably part of modern constitutionalism. Gone are the days that constitutions contained provisions that prevented the courts from testing the constitutionality of legislation, such as section 59 of South Africa's now repealed Constitution of 1961 that forbade the courts from inquiring into or pronouncing on the validity of legislation. It has come to be accepted in many quarters that a constitution presupposes judicial review in some form or another in gauging the integrity of legislation, instead of only relying on legislative wisdom as before. An attitude that echoes the views expressed inMarbury v. Madisonby Chief Justice Marshall of the United States Supreme Court, that by its very nature a written constitution implies judicial control. However, the Constitution of the Netherlands proves to be an exception in this regard, as section 120 states emphatically that:The constitutionality of Acts of Parliament and treaties shall not be reviewed by the courts.
Which role for theory in international law? Report on the Workshop “Kelsen — Schmitt — Arendt: Constitutionalism in (International) Law”, Leipzig, June 11/12, 2009
Authors: Ley Isabelle 
Published: March 2019

AbstractLaw is a discipline which allows us to combine a high level of doctrinal craftsmanship with an equally high level of theoretical reflection and (re-)construction of legal-political developments. For the academic scholar, law is practice, theory and doctrine, each requiring a distinct set of goals, a distinct set of methods and a distinct level of abstraction. For some time, the international legal discipline has been described as lacking in theoretical development. This consideration may have motivated the conveners of a Kelsen-Schmitt-Arendt conference series when they decided that it was time for a re-engagement with the theories of Kelsen, Schmitt, and Arendt. The first workshop on constitutionalism will be the object of this commentary.Kelsen, Schmitt and Arendt have experienced unexpected and innovative reception in recent years: Schmitt has contributed to questions such as the problematic role of human rights, the institutionalization of politics as conflict, as well as new applications of the state of exception. Kelsen's international writings as well as his democratic theory have borne a fruitful re-reading, and Arendt, who has been widely read, and written about in the social sciences for several years, has finally reached the law faculties.The primary interest of this comment lies in the question of how international legal scientific work can make use of legal and political theory. A whole range of politico-legal developments in the European and international arenas are currently creating new forms of institutions, obligations, and types of engagement between legal orders. The velocity and the diversity of these developments are challenging traditional frameworks, paradigms, and analytical tools of the discipline. This task of conceptualization asks for and lends itself to theorization. Which approaches to theory are available for legal scholars, and what kind of insights do they offer? The conference offered the chance to witness different examples of how theory can be accessed. What role is there for theory in international law and what is its potential?
Introduction: The Crisis in Ukraine Between the Law, Power, and Principle
Authors: Oklopcic Zoran 
Published: March 2019

AbstractThis special issue ofGerman Law Journal(GLJ) originates from a colloquium co-sponsored by theGLJ, the Miller Institute for Global Challenges and the Law, and the Center for Constitutional Transitions that took place at the Berkeley School of Law in February 2015, just over a year after the revolutionary events at Maidan Square in Kiev triggered profound changes in the geopolitical map of contemporary Europe and shook the foundations of international order.Beyond the gravity of the crisis itself, what animates the contributions in the following pages is an attendant awareness of the need to rethink the appropriateness of disciplinary responses to the conflict in Ukraine. Though the rhetoric of brazen takeovers, cynical ploys, stealing and redeeming, chronic authoritarianism and imperialism, hypocrisy, and broken promises have all contributed to a combustible political situation in and around Ukraine, a diverse sense of outrage has also been subtly, but nonetheless decisively, structured and amplified by the vocabularies of international and constitutional law, moral arguments, and their complicated interplay. Though differing in their practical ambitions, technical vocabulary, and the professional sensibilities they cultivate, the disciplines of international law, comparative constitutional law, and normative political theory, have each upheld one of the most important components of the modern social imaginary: The idea of popular sovereignty.The idea that the will of the people ought to be a decisive factor in resolving the crisis in Ukraine continues to unite most commentators, partisans, and scholars, irrespective of their otherwise profound ideological and political differences. From the perspective of overarching social imaginary, the ominous geopolitical crisis in Ukraine, while dangerous in its potential outcomes, appears as a family quarrel among the believers of the constitutional creed of western political modernity. Unlike another geopolitical crisis of our time—the attempts of ISIS to redraw the map of the Middle East—the situation in Ukraine is not a conflict over theexistenceof international legal order, but rather one over themeaningof its foundational building blocks: The internal and external self-determination of peoples, territorial integrity, and the sovereign equality of independent states.