Duke Journal of Comparative & International Law

Duke Journal of Comparative & International Law is a magazine specializing in Law topics.

Articles from Vol. 17, No. 2, Spring

Annual Herbert L. Bernstein Lecture in International and Comparative Law
FOREWORD The Duke Journal of Comparative & International Law would like to thank Professor Jonathan Ocko for his invaluable assistance in the translation and editing of this year's Bernstein Lecture, as well as for the authorship of this forward....
Deference, Human Rights and the Federal Courts: The Role of the Executive in Alien Tort Statute Litigation
INTRODUCTION In the early days of our nation's history, Chief Justice John Marshall articulated two principles that form the core of a growing debate regarding international human rights litigation. The first was argued before the House of Representatives...
Give Peace a Chance: How Considering Peace Process Obligations Would Have Improved the Rulings of the International Court of Justice and the Israeli Supreme Court on the Israeli Security Barrier
"The armed conflict has left many dead and wounded.... Bereavement and pain wash over us." --Aharon Barak, President, Supreme Court of Israel, from Beit Sourik Village Council v. Government of Israel (1) "I agree with almost all of what the Court...
Individual Rights and Group Rights in the European Community's Approach to Minority Languages
INTRODUCTION The European Union (EU) (1) is a supranational entity comprised of twenty-five member states, and vests rights with the individual citizens of those Member States. However, Europe as a cultural space consists of many more constitutive...
Political Parties in China's Judiciary
ANNUAL HERBERT L. BERNSTEIN LECTURE IN INTERNATIONAL AND COMPARATIVE LAW DUKE UNIVERSITY SCHOOL OF LAW NOVEMBER 2, 2006. I. THE ISSUE AND ITS SIGNIFICANCE The Spring 2005 issue of the Yale Law Journal published a lengthy review by New York University...
Reflections on Transatlantic Approaches to International Law
OPENING When Curt Bradley * asked me to speak at his new center, I accepted with pleasure. Curt was a wise counselor at the State Department, and I am delighted that he is now directing a center that is focused on teaching and research in the areas...
The NSA Phone Call Database: The Problematic Acquisition and Mining of Call Records in the United States, Canada, the United Kingdom, and Australia
INTRODUCTION The U.S. government historically has had broad authority to conduct foreign surveillance without a warrant to obtain information (1) to protect against national security threats. (2) However, the recent September 11, 2001 attacks have...
The Retrogressive Flaw of Chapter 15 of the Bankruptcy Code: A Lesson from Maritime Law
INTRODUCTION Chapter 15 of the U.S. Bankruptcy Code became law in October 2005. It governs transnational bankruptcies and is designed to propel bankruptcy law into the new age of global economic activity conducted by multinational companies. According...
Women's Rights and Shari'a Law: A Workable Reality? an Examination of Possible International Human Rights Approaches through the Continuing Reform of the Pakistani Hudood Ordinance
Hudood laws are a tool in the hands of men--with these laws they can rape women and be totally unaccountable.... Many religious scholars are producing research which says that these laws are not in accordance with the Holy Koran. They are political...