Law Review Articles-manual
With a Master's Degree in international business and communications from a global top 100 research university in her native Denmark, a JD from the University of Oregon School of Law (she was number one in her law school class), a PhD in political science on the way, and many years of professional legal writing and research, Professor Dellinger is eloquent, precise and prolific.
Thoroughly researched and cited, each of these articles could be a full PhD dissertation in many contexts. Her law review articles as well as her blogs are thought provoking, in-depth, yet linguistically approachable by both legal scholars and laypeople alike.
Arab Spring. Occupy Wall Street. Protests against austerity measures in Europe. Around the world, people are dissatisfied with traditional top-down style governance. The call for change sounds especially loud and clear in the environmental arena where legislative and law enforcement status quo imperils the future of our natural surroundings.
This article adds new value to international environmental and democratic discourse by being the first major work to examine the first ten years of case law under the UNECE Aarhus Convention, a groundbreaking multilateral environmental agreement that promotes public participation in government environmental decision-making and enforcement through procedural requirements. The objective of the article is to verify whether such requirements are mere “toothless” procedural devices or if they have the potential for bringing about positive substantive change as well. They do. Via cases concerning the power plant construction inside a national park in Albania to gold mining in Romania, the article analyzes how even newly democratized nations have expressed their willingness to improve national environmental legislation and law enforcement by taking into account the results of public participation. Such bottoms-up style governance also has great potential for change at the international level. What may be seen as a dichotomy between procedure and substance is thus more correctly seen as an effective interface between the two.
This first-of-its kind article concludes by proposing how the Convention has room for both thematic and geographical growth as well as how its legal principles can be beneficially emulated in other legal instruments.
Published in the Colorado Journal of International Environmental Law and Policy, December 15, 2011
View/download entire law review article: ssrn.com
People from nations not accepting dual citizenship risk being expatriated against their will if naturalizing in another country and thus do not apply for citizenship in their new host nations. Accordingly, these migrants live and work without the ability to exercise such basic democratic rights as to vote and hold elected office, which require citizenship.
Making matters worse: the very same nations that officially do not accept dual citizenship in fact grant exceptions to as many as 40% of immigrants creating a situation of highly unequal access to dual citizenship.
Using select EU nations as examples, this article describes why modern liberal democracies should work towards allowing dual citizenship and how nations would actually gain from accepting dual citizenship instead of trying to resist it; a fight that has largely proven futile anyway.
Published in the Florida State University College of Law Journal of Transnational Law and Policy, Volume 20 (2010-2011)
View/download entire law review article: ssrn.com, law.fsu.edu
In a world of global business and connectivity, the translation industry has become vital to today’s commercial players. Nonetheless, translation services are often considered fungible and thus not given much thought. This often leads to mistranslation and legal problems requiring solution by international arbitral institution and courts of law.
This article examines existing translation standards in select arbitral conventions, institutional rules, and select national legislation. On that background, it analyzes typical resolutions of legal issues caused by substandard translation in both arbitral and post-arbitral proceedings. In spite of some existing rules governing translation, the outcome of quasi-legal and legal proceedings in this area is highly uncertain and divergent. Thus, the article proposes possible preventive solutions to the demonstrated problem.
Published in Rutgers Conflict Resolution Law Journal, Vol. 7, pp. 1-43, 2010
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Across the country, courts and prosecutorial offices have begun to use dogs to assist victims of crimes who but for the demonstrated calming presence of a dog would be too emotionally distraught to give live testimony in trials against their alleged perpetrators. The use of service animals for this purpose has proven particularly useful for young children.
This article examines the budding use of this type of therapeutic jurisprudence in the criminal justice system. Recognizing that using dogs for emotional support during trial finds no clear recognition under the law yet, the article analyzes how proponents may draw analogies to the current use of comfort items such as dolls during the presentation of testimony.
The article concludes that sound legal and public policy reasons exist for allowing the use of service dogs to assist emotionally traumatized witnesses giving testimony in open court, but only in cases where the witness can present a truly compelling need for such support.
Published in Animal Law Review, Vol. 15, No. 2, 2009
View/download entire law review article: ssrn.com