171,523 research outputs found

    The Three Lives of the Alien Tort Statute: The Evolving Role of the Judiciary in U.S. Foreign Relations

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    This Article explains how the Alien Tort Statute (ATS) began in the late eighteenth century as a national security statute that the First Congress and early federal district judges saw as a way to afford damages remedies to British merchants, creditors, and other subjects whose persons or property were injured under circumstances in which treaties or the law of nations assigned responsibility to the United States. Torts committed within the United States by private American citizens were the most likely such circumstances. The ultimate aims of the statute were to avoid renewed war with Great Britain and the other European powers and to encourage commerce and trade with the same. Two centuries later, the ATS was reborn as an international human rights statute at a time when the United States had become a global superpower with a global human-rights agenda during the administration of President Jimmy Carter. Now that the Supreme Court\u27s holding in Kiobel v. Royal Dutch Petroleum Co. has undermined the international human rights vision of the ATS, this Article suggests that the statute be used once again as a way to afford aliens money damages when they suffer torts under circumstances where the United States bears sovereign responsibility under contemporaneous international law

    RAIKU: E-Commerce App Using Laravel

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    Raiku is an e-commerce site-based app which developed with Laravel. The function of this app is to expand marketing network of Raiku Design business. After 2 months Raiku been hosting, there is an increase on the world visitors’ numbers about 557 people. It is not only accessed by Indonesian, but also accessed around the world such Canada, United States, Australia, Germany, Great Britain, Chile, Russian Federation, India, China, South Korea, Israel, Netherlands, Ireland, Italy, and there are still more

    ‚ÄėTrue, Publick and Notorious‚Äô: The Privateering War of 1812

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    During the War of 1812, hundreds of private armed vessels, or privateers, carrying letters of marque and reprisal from their respective governments, served as counterweights to the navies of Great Britain and the United States. By 1812, privateering was acknowledged as an ideal way to annoy the enemy at little or no cost to the government. Local citizens provided the ships, crews and prizes while the court and customs systems took in the appropriate fees. The entire process was legal, licensed and often extremely lucrative. Unlike the navy, privateers were essentially volunteer commerce raiders, determined to weaken the enemy economically rather than militarily. So successful were they, that from July 1812 to February 1815, privateers from the United States, Britain, and the British provinces of New Brunswick and Nova Scotia (as well as those sailing under French and Spanish flags) turned the shipping lanes from Newfoundland to the West Indies, Norway to West Africa, and even the South Pacific into their hunting grounds. In the early months of the war, privateers were often the only seaborne force patrolling their own coasts. With the Royal Navy pre-occupied with defending Britain and its Caribbean colonies from French incursions, there were relatively few warships available to protect British North American shipping from their new American foes. Meanwhile, the United States Navy had only a handful of frigates and smaller warships to protect their trade, supported by 174 generally despised gunboats. The solution was the traditional response of a lesser maritime power lacking a strong navy‚ÄĒprivate armed warfare, or privateering

    Washington: A European Capital City in the Early American Repbulic

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    Honorable Mention for the Griswold Prize for Excellence in Undergraduate Historical ScholarshipWith the Peace of Paris in 1783, the United States achieved de jure independence from Great Britain and began the monumental task of nation building. One of the most pressing priorities was the establishment of a permanent seat of government. Philadelphia and New York City, as the two largest cities in the new country and major centers of commerce and culture, were obvious contenders. However, these places were all-too-recently hubs of British imperial authority, and their northerly locations were deemed by many Southern citizens as unsuitable for the new American republic. Therefore, for the first time since antiquity, a new capital city would be planned and built from the ground up.http://history.ou.edu/journal-2016undergraduat

    Trade

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    The history of commerce between early national Mexico and the United States remains largely untold due to the lack of good serial data. Mexican export and import figures are neither consistent nor comprehensive; on the U.S. side, overland exports from the United States to Mexico went unrecorded until 1893. Maritime trade statistics, collected by the U.S. Treasury from 1824 onward, reveal that Mexico traded silver- mostly specie and some bullion- for manufactured cloth, for wheat flour coming through New Orleans, and for raw cotton for the Mexican textile industry, which tariffs enacted by Mexico in 1829, 1837, and 1842-1843 attempted to protect. Still, before 1838, finished cotton accounted for between 30 and 40 percent of domestic U.S. exports to Mexico. Moreover, before 1841, reexports constituted at least half of all U.S. exports to Mexico by value every year. Such quantitative evidence suggests what other qualitative information confirms: before the Texas Revolution (1835- 1836), the composition of U.S. exports and reexports to Mexico reflected mostly economic factors and commercial restrictions. After that, political and diplomatic calculations came into play, as the United States and Great Britain competed more directly for influence in Mexico. Their respective patterns of trade, which had earlier paralleled each other, falling and rising together, began to move in opposite directions, exhibiting reversed peaks and troughs

    The Anglo-American rapprochement of 1830

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    In 1828 the Duke of Wellington expressed the opinion that the country Great Britain was most likely to go to war with was the United States. With the election of Andrew Jackson in 1828, relations might reasonably have been expected further to deteriorate. After all, Jackson was a militarist, the Hero of New Orleans. But some Britons actually welcomed Jackson's election. They believed, rightly as it turned out, that Jackson’s election heralded a change in American policy. This belief was based on the nature of the Jacksonian opposition to the foreign and domestic policies of the Adams Administration. While pragmatic, this opposition was also founded on some principles which, if put into practice, would greatly alter the policy stance of the United States. This study investigates the circumstances of the downturn in Anglo-American relations in the mid-1820s. Focusing on the economic nationalism of Adams and Clay, typified by their American system, it chronicles the developing crisis over the British West India trade. Jacksonian criticism of the foreign policy of Adams and Clay is detailed, and its contribution to the election of 1828 considered. Once in power, the Jacksonians - whose principles included promotion of overseas commerce, small-scale government, and sectional harmony - brought about a considerable rapprochement with Great Britain. The diplomatic manoeuvrings surrounding the settlement of the West India trade question are considered. So too is the settlement of other issues. This wider rapprochement is interpreted as part of the harmony of Anglo-American interests in this period. To provide balance, factors influencing British policy at this time are also considered. Overall, it is the intention of this thesis, by moving away from character-based interpretations and towards an amalgamation of foreign and domestic policies, to explain the rapprochement in Anglo-American relations presided over by Andrew Jackson

    Jack Balkin\u27s Interaction Theory of ‚ÄúCommerce‚ÄĚ

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    In his book, Living Originalism, Jack Balkin proposes what he calls the ‚Äúinteraction theory‚ÄĚ of the original semantic meaning of the word ‚Äúcommerce‚ÄĚ in the Commerce Clause. He claims that ‚Äúcommerce‚ÄĚ meant ‚Äúsocial interaction.‚ÄĚ In this article I show why this theory is wrong due to errors of commission and omission. Balkin is wrong to reduce ‚Äúcommerce‚ÄĚ to ‚Äúintercourse,‚ÄĚ ‚Äúintercourse‚ÄĚ to ‚Äúinteraction,‚ÄĚ and ‚Äúinteraction‚ÄĚ to ‚Äúaffecting.‚ÄĚ This triple reduction distorts rather than illuminates the original meaning of ‚Äúcommerce.‚ÄĚ And Balkin omits from his discussion the massive amounts of evidence of contemporary usage‚ÄĒalong with dictionary definitions of ‚Äúintercourse‚ÄĚ‚ÄĒestablishing that ‚Äúcommerce‚ÄĚ referred to the trade or transportation of things or persons, and did not include such productive economic activity as manufacturing or agriculture, much less all social interaction. In this article, I also reply to Balkin‚Äôs criticisms of my book, Restoring the Lost Constitution. I show how his heavy reliance on Gunning Bedford‚Äôs resolution in the secret Philadelphia convention is misplaced in a discussion of the original meaning of the Commerce Clause

    Explaining Anglo-German productivity differences in services since 1870

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    Germany overtook Britain in comparative productivity levels for the whole economy primarily as a result of trends in services rather than trends in industry. Britain's productivity lead in services before World War II reflected external economies of scale in a highly urbanised economy with an international orientation. Low productivity in Germany reflected the underdevelopment of services in an economy that was slow to move out of agriculture. As German agricultural employment contracted sharply from the 1950s, catching-up occurred in services. This was aided by a sharp increase in human and physical capital accumulation, underpinned by the institutional framework of the postwar settlement

    Influences Affecting International Aviation Policy

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