Suchergebnisse

Analyzes the US-Canada military cooperation of the Northern Command, an alignment formed in Apr 2002 that brought much of Canada's armed forces into a single military command under US leadership. The political issues that surround this bilateral alliance are explored, including sovereignty & jurisdiction over the Arctic, contradictions to the Canadian stance against nuclear proliferation, & possibilities for increased military expenditures. Legal issues for Canadian military forces & the Canadian state that may contradict domestic & international laws are discussed, including recent violations, such as the detainees in Guantanamo Bay, contradicting the 1949 Geneva Convention & other treaty obligations to which Canada has agreed. Additional public debate & a well-defined role for parliament prior to additional military cooperation are advocated. L. Collins

During the past few years, I have written extensively on the subject of transnational bribery. My articles have examined several aspects of this serious problem,' including the Foreign Corrupt Practices Act ("FCPA"), 2 re-cent multilateral global conventions to fight bribery,3 and the comparative costs and benefits of legislative versus systemic or institutional forms of change.4 This body of work also has addressed some of the problems that can accompany aggressive legal remedies, such as potential cultural imperialism5 and global discord.6 This examination has been rewarding, and it has spurred a rich exchange with a number of very talented scholars, as the late 1990s has seen a renewed interest in legal research on the subjects of bribery and corruption. Yet detailed legal scholarship, like all highly specialized academic work, can leave us eager for more of the big picture. This Perspective reflects my own desire to take a step back from the issues I have addressed to date, and ask a basic question that may help frame some legal scholarship on bribery and corruption in the future: what are the big questions that we should be addressing in regard to these challenges as we enter the 21st century?

Questions whether bringing acts of terrorism under the jurisdiction of the planned "Permanent International Criminal Court" would help to contain terrorism; discusses internationally coordinated counterterrorism since the 1970s, self-determination, state terrorism, crimes against humanity, and other issues. Summary in English p. 8.

The indication of the price of a product offered for sale to a consumer either inside a shop or in a shop window is a basic right that every consumer may reasonably expect. Being properly informed of the price beforehand, consumers may avoid nasty surprises and potentially embarrassing situations as well as some mistaken purchasing decisions. The provision of clear and relevant information is one of the most common and effective techniques in consumer protection legislation. The same reasoning lies at the heart of several European Union measures in favour of consumers. ; peer-reviewed

"To: Commercial Health Insurers, Blue Cross and Blue Shield of Massachusetts (BCBSMA), Health Maintenance Organizations."

This report is designed to examine broad cyberwarfare issues and raise underlying questions. This report first summarizes some cases that illustrate real-world concerns many have with respect to cyberwarfare. It then discusses the current U.S. policy and organizational approaches to cyberwarfare. The report also examines foreign perspectives, the issue of cyberterrorism, and some reported instances of cyberwarfare.

The Magaziner Report focuses on achieving short-term goals without giving sufficient consideration to long-term consequences affecting the structure of Internet governance and democracy in general. This overly pragmatic approach creates a paradoxical climate: overly-friendly to government intervention (in e-commerce regulation) while also overly willing to defer to privatized governance structures (in other areas). As the recent World Intellectual Property Organization ("WIPO") domain name/trademark process demonstrates, certain Internet governance processes raise several questions, not least discerning whether such processes include adequate notice and consultation. More traditional democratic processes, such as legislation and regulation, have routinized means of giving affected parties notice of pending decisions and of soliciting public comment. Other privatized governance processes may be equally or more legitimate, but not inevitably.

How valuable is $100? To a student? To a single unemployed parent? To a well-compensated professional? The Federal Reserve Board apparently believes that the potential loss of $100 is not a tremendous burden on anyone. In a recently proposed rule, the Board exempts stored value cards[that contain less than $100 from the same regulations that protect consumers from most types of fraud associated with ATM, debit, and credit cards. Regulation E (Reg E) currently regulates the electronic funds transfers (EFTs) that are at the heart of ATM/debit/credit card transactions by requiring printed receipts, error resolution procedures, periodic statements, initial disclosure of terms of usage, and more. Without these protections, stored value card holders will be easy targets for unscrupulous vendors who shave off an extra few pennies per transaction as well as fraudulent issuers who disburse defective cards. In short, the $100 de minimis exemption of stored value cards from Reg E protection is an open invitation to fraud. More telling, however, is that the enabling legislation for Reg Et—the Electronic Funds Transfer Act of 1978 (EFTA)—is solely and expressly intended as consumer protection. The Board's balancing concern is self-imposed through its own internal Regulatory Planning and Review program. Thus, the Board should instead be first and foremost concerned with protecting consumers, including those for whom $100 is a substantial amount of money. This paper proposes an alternative Reg E amendment that offers better protection for consumers while not imposing unduly harsh restrictions on a nascent, potentially useful industry. Part I describes important existing Reg E provisions in greater detail. Part II outlines the relevant aspects of stored value cards. Part III critically analyzes the de minimis exemption buried in the proposed Reg E amendment in light of the potential for fraud, while Part IV suggests a better compromise.

This Comment contends that because of the continuing legislative inability to deal adequately with this issue the courts must apply strict judicial scrutiny by way of a representational reinforcement theory to cases concerning the medicinal use of marijuana. Failure to do so perpetuates the dysfunction of the judicial and legislative process. It additionally detracts from the legitimacy of that process by fostering cynicism and contempt toward the legislature that promulgates such oppressive laws and toward the judiciary that allows their enforcement.