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作者:Brewster, Rachel
作者单位:Duke University
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作者:Land, Molly
摘要:This Article presents the first in depth analysis of Article 19 of the International Covenant on Civil and Political Rights as it applies to new technologies and uses this analysis to develop the foundation for an international law of the Internet. Although Article 19 does not guarantee a right to the Internet per se, it explicitly protects the technologies of connection and access to information, and it limits states' ability to burden content originating abroad. The principles derived from A...
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作者:Ritwik, Ankita
作者单位:Harvard University
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作者:Shill, Gregory H.
摘要:Recent multi-billion-dollar damage awards issued by foreign courts against large American companies have focused attention on the once-obscure, patchwork system of enforcing foreign-country judgments in the United States. That system's structural problems are even more serious than its critics have charged. However, the leading proposals for reform overlook the positive potential embedded in its design. In the United States, no treaty or federal law controls the domestication of foreign judgme...
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作者:Mann, Itamar
作者单位:Yale University
摘要:Systematic violations of the rights of unauthorized migrants on the fault lines between developed and developing countries expose the dialectic of transnationalism, a dynamic that occurs when both policy and judicial review go transnational. Three concurrent patterns define the dialectic: First, executive and judicial networks are bifurcated from each other, producing significant policies beyond the reach of judiciaries. Second, judiciaries exacerbate their bifurcation front policymaking throu...