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Hober and Sussman

The role of cross-examination in international arbitration

Knowing when and how to cross-examine is an essential part of properly representing clients in international arbitrations. Many cases have been won by good cross-examinations and lost by bad cross-examinations, and that is just as true in international arbitrations as it is in any other dispute resolution procedure in which counsel are permitted to cross-examine witnesses.

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Medicare and end-of-life medical care

Medicare recently announced that it will pay for end-of-life counseling as a legitimate medical service. This announcement provoked little controversy. Several groups, including the National Right to Life Committee, expressed concern that such counseling could coerce elderly individuals to terminate medical treatment they want. However, Medicare’s statement was largely treated as uncontroversial—indeed, almost routine in nature.

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How much do you know about Nordic countries and international law?

Which Nordic state had sovereignty over Iceland until 1918? Which state was allowed to discriminate against a transgender woman by annulling her marriage? Who disputed ownership of Eastern Greenland before the Permanent Court of International Justice? In preparation for the European Society of International Law’s 11th annual conference, this year held in Oslo, test your knowledge of Nordic countries in international law with our quiz.

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Toilet paradigms and the sanitation crisis in India

Sanitation has evinced considerable interest from policy-makers, lawmakers, researchers and even politicians in recent years. Its transformation from a social taboo into a topic of general conversation is evident from the fact that one of the central themes of a recent mainstream Bollywood production (Piku, 2015) was the inability of the protagonist’s father to relieve himself.

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What makes a good policing leader?

Over the last 20 years I have been involved in policing leadership development against a backdrop of increasing complexity. I have had the enviable role of having been a police officer, medically retired as a result of an almost fatal stabbing, as well as being a coach and mentor to high performing leaders at all levels in the service.

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How much money does the International Criminal Court need?

In the current geopolitical context, the International Criminal Court has managed to stand its ground as a well-accepted international organization. Since its creation in 1998, the ICC has seen four countries refer situations on their own territory and adopted the Rome Statute which solidified the Court’s role in international criminal law. Is the ICC sufficiently funded, how is the money spent, and what does this look like when compared to other international organisations?

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Preparing for IVR 2015

The XXVII World Congress of the International Association for the Philosophy of Law and Social Philosophy (IVR) will take place 27-31 July 2015 at Georgetown Law Center in Washington, DC. This year’s theme — “Law, Reason, and Emotion” — focuses on the nature and function of law.

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Indirect discrimination in US and UK law

The set of (relatively) liberal recent pronouncements from the United States Supreme Court features a judgment in Texas Department of Housing v Inclusive Communities Project(2015). The Court, by a slender majority, held that the Fair Housing Act 1968 prohibited not just disparate treatment (direct discrimination in UK law), but also disparate impact (indirect discrimination), based on race.

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The Urgenda decision: balanced constitutionalism in the face of climate change?

Over the coming months and years, much will undoubtedly be written about Urgenda v Netherlands, the decision by a District Court in the Hague ordering the Dutch Government to ‘limit or have limited’ national greenhouse gas emissions by at least 25% by 2020 compared to the level emitted in 1990. A full analysis of the decision is due to appear in the Journal of Environmental Law before the end of the year, but given the myriad of legal issues thrown up by the case, it deserves the close and immediate attention of a wide community of scholars and practitioners.

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Policing – the new graduate career path?

As anyone who has experienced the very best of the British policing profession could attest, high quality policing can contribute to the transformation of a community, laying the foundations for flourishing neighbourhoods and the lives of those who live there. It is Police Now’s overarching aim to contribute to the creation and development of safe, confident communities in which people can thrive. Our Theory of Change is that by attracting Britain’s best graduates to a policing career, training them intensively as community leaders, and then deploying them as police officers in those communities who need us most, we can have a disproportionate impact.

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Journal of Antitrust Enforcement

The curious case of competition and quality

Why should firms compete? The belief is that through competition society benefits with lower prices, better quality and services, and more innovation. Indeed, anyone who frequents restaurants or hotels protected from competition can recount the inferior meal, poor service, and high price. By contrast, in a competitive environment we expect more quality, for less.

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Gal Cover

Children’s voices in family law conflicts

Children are commonly recognized as separate human beings with individual views and wishes worthy of consideration. Their ability to freely express these views and wishes constitutes the concept of child participation, defined by Article 12 of the United Nations Convention on the Rights of the Child as the right of children capable of forming their own views to be able to express themselves freely in all matters affecting their lives.

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Rihanna, the Court of Appeal, and a Topshop t-shirt

Can a fashion retailer take a photograph of a celebrity, print it on a t-shirt and sell it without the celebrity’s approval? Yes, but sometimes no – not when the retailer has previously gone out of its way to draw a connection between its products and that celebrity, in this case Robyn Fenty, aka Rihanna. How did this begin?

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The US Supreme Court, same-sex marriage, and children

During the decades of debates over marriage equality in the United States, opponents centered much of their advocacy on the purported need to maintain marriage as an exclusively heterosexual institution in order to promote the well-being of children. It was therefore fascinating to see the well-being of children play a crucial role in the US Supreme Court’s ruling on the constitutionality of same-sex marriage bans in Obergefell v. Hodges, albeit not in the way opponents of marriage equality hoped.

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All life is worth saving

Just as in Clarence Darrow’s day, the death penalty continues to be practiced in many American states. Yet around the world, the majority of nations no longer executes their prisoners, showing increasing support for the abolition of capital punishment. Recently, in December 2014, when the United Nations General Assembly introduced a resolution calling for an international moratorium on the use of the death penalty, a record 117 countries voted in favor of abolition, while only 38 nations, including the United States, voted against it.

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