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Debate continues as to the transformations in terrorism evidenced by the September 11 attacks and since that time. Some, including the former U.S. President, point to changes in the nature of terrorism and argue that September 11 constituted a wholly new form of terrorism that demanded a novel...
Persistent link: https://www.econbiz.de/10012918884
Because of the difficulties of distinguishing friend and foe, security and insecurity, or even war and peace, terrorism appears to be an endemic and endless risk. The embedded nature of the terrorist risk appears to demand the treatment of one's neighbour as potentially friend and foe. One of...
Persistent link: https://www.econbiz.de/10012921772
Terrorist prisoners pose various special risks for the penal system, leading to questions about the appropriate sentence and prison regime, and the circumstances applicable to release and post-release. The triggers for release are central to this paper because they have been the subject of...
Persistent link: https://www.econbiz.de/10013235703
This article argues that the enforcement in England in Re New Cap Reinsurance Corporation of an Australian monetary judgment rendered under Australian insolvency law does not sit easily with the Foreign Judgments (Reciprocal Enforcement) Act 1933. This is because the Foreign Judgments...
Persistent link: https://www.econbiz.de/10013124820
One of the most difficult issues in cyber conflict is the application of territorial sovereignty and other geographic principles to an activity that defies the traditional notions of borders. The structure of the internet and the protocols by which it operates, including the inability to direct...
Persistent link: https://www.econbiz.de/10014176032
In today's regulatory environment, a corporation engaged in wrongdoing can be sure of one thing: regulators will point to an ineffective compliance program as a key cause of institutional misconduct. The explosion in the importance of compliance is unsurprising given the emphasis that...
Persistent link: https://www.econbiz.de/10012935267
This Article is the first comprehensive study of how American courts have resolved conflicts of laws arising from cross-border torts over the last four decades. This period coincides with the confluence of two independent forces: (1) a dramatic increase in the frequency and complexity of...
Persistent link: https://www.econbiz.de/10014211298
Section 365 of the Bankruptcy Code (“Code”), which focuses on the post-petition continuation of pre-petition contractual relations, controls the assumption and rejection of executory contracts and unexpired leases by a trustee or debtor-in-possession (“DIP”) in all bankruptcy cases....
Persistent link: https://www.econbiz.de/10012844339
In 2009, Belgium and the Netherlands announced a deal to send approximately 500 Belgian inmates to Dutch prisons, in exchange for an annual payment of £26 million. The arrangement was unprecedented, but justified as beneficial to both nations: Belgium had too many prisoners and not enough...
Persistent link: https://www.econbiz.de/10013214120
Risk has not been regarded positively in most social theory and critical criminology, especially in the light of Beck's 'risk society' thesis. This paper argues that such criticism is misplaced. Risk is an extremely variable governmental technology, and many of the targets of criticism are...
Persistent link: https://www.econbiz.de/10013156094