2005 Articles

The international criminalization of hate speech: The jurisprudence of the International Criminal Tribunal for Rwanda on the crime of incitement to genocide By Christopher Scott Maravilla July 2005 The International Military Tribunal at Nuremberg described propaganda advocating the extermination of religious and ethnic minorities, also known as hate speech, in that case concerning the genocide perpetrated upon European Jewry by the Nazis and their followers, as a form of poison injected into the mind causing the recipient to follow those policies to their grotesque conclusion.

International estate planning: A multinational couple with multinational interests By Rebecca E. Begelman Strub September 2005 International Estate Planning is the specialized planning and advice that an attorney provides a client who has connection(s) with or interest(s) in a country other than the U.S.

International Practitioner’s Deskbook Series: Joint Ventures in the International Arena, Darrell Prescott and Salli A. Swartz, Eds. (ABA SILP 2003) By Christopher Scott Maravilla November 2005 Joint Ventures in the International Arena is the second in the American Bar Association’s International Law Section’s International Practitioner’s Deskbook Series which aims to publish practitioner oriented guides on frequently arising issues in international practice.

It’s a small world after all By Robyn Donaldson November 2005 Attorneys in the U.S. are learning everyday that their legal practice is extending beyond the borders of this nation.

Letter to the editor January 2005 As an admirer of Professor Mark E. Wojcik's intellectual prowess, erudition, good heart, and enthusiasm, I am somewhat concerned that his article, "Chair's column: Restoring belief in international law" is insufficiently cautious, claims more for the concept than it can reasonably bear, confuses good ends with uncertain means, and could foster unfortunate unintended consequences.

Luncheon at Polish Consulate By Juliet Boyd May 2005 On February 11, 2005 the section council was honored to have its February meeting hosted at the Polish Consulate.

Making the rulemakers play by the rules: Admistrative decision making in the immigration arena By Patrick M. Kinnally May 2005 Agencies within the executive branch of government, both on the state and federal level, generally implement statutes entrusted to their administration by the legislative branch either through administrative rulemaking (5 U.S.C. 553) or ad hoc adjudication (5 U.S.C. 554).

Meeting with Supreme Court Justices of the Republic of Buryatia By Violeta I. Balan May 2005 On March 22, 2005, a delegation of three Supreme Court Justices from the Republic of Buryatia met with Illinois practitioners, professors and law school students at The John Marshall Law School in Chicago.

Message from the Chair- International law and the U.S. Supreme Court: Tales of foreign cruise ships, consular notification, and the juvenile death penalty By Mark E. Wojcik May 2005 International law is part of U.S. law. The Paquete Habana, 175 U.S. 677, 700 (1900). It would be hard to forget that basic proposition, because decisions implicating important questions of international law are again before the U.S. Supreme Court in this term.

Message from the Chair: Global Illinois By Mark E. Wojcik June 2005 We who live here in Illinois may sometimes forget that our state has important connections to international law, international politics, and the international institutions that facilitate trade and business in the global economy.

Message from the Chair: International business presentation & Seventh Circuit Judge Diane Wood to speak on November 11th By Juliet Boyd November 2005 On November 11, 2005 the International and Immigration Law Section Council will host two dynamic programs, certain to bring together our members for a day of learning and discussion.

Message from the Chair: The importance of international law By Mark E. Wojcik March 2005 Classes have begun at The John Marshall Law School, where this semester I am teaching a course in Public International Law and another course in International Criminal Law.

The new currency control regulations in Russia By Yevgeniy Tregubenko & Maxim Savostianov November 2005 The new Law on Currency Control (hereinafter - “the Law”) was adopted by the State Duma (the lower house of the Parliament) on 21 November 2003.

Pasquantino et al. v. United States, 336 F.3d 321, (4th Cir. 2005), affirmed By Paul Rich July 2005 David and Carl Pasquantino and Arthur Hilts smuggled liquor from the U.S. into Canada to evade Canadian alcohol import taxes.

Proposed regulation would help generalize the use of asset-backed securitizations in Spain By Alex Carbonell & Richard Silberstein December 2005 The Spanish Ministry of Economy is on the verge of approving an Order that will enable many companies in Spain to make a wider use of asset-backed securitizations as a way to finance their activities.

Recent 7th Circuit cases pose warning to both Immigration Judges and practitioners: Do your homework! By Shannon M. Shepherd July 2005 The 7th Circuit has been inundated with what Judge Richard A. Posner has called "misguided" opinions coming from the Immigration Judges ("IJs") in its district.

Reform of the United Nations—September 23, 2005 By Cindy G. Buys November 2005 This year, the United Nations celebrates its 60th anniversary. As with any anniversary, the United Nations’s 60th anniversary has been a time for reflection: a time to assess what the United Nations has done well and what it has not done so well.

Renovating the International & Immigration Law Section’s Web site By Pradip Sahu June 2005 As many of you are aware, we have a Web site devoted to our section located at

Risk management strategies for identity preserved grain exports By A. Bryan Endres December 2005 Emerging foreign regulations for imported grain ultimately may result in trace-back liability to U.S. farmers for the commingling of even miniscule amounts of genetically engineered DNA.

The Section Council makes a difference By Juliet Boyd June 2005 This section has much to offer our members and the broader ISBA community and will continue to pursue its goal to demonstrate its relevance to all aspects of the practice of law.

Seventh Circuit interprets notice requirements with regard to removal hearings and motions to reopen such hearings By Pradip K. Sahu November 2005 On August 26, 2005, the United States Court of Appeals for the Seventh Circuit handed down its ruling in Sabir v. Gonzales.

The snail-paced Doha Round agriculture negotiations By Adrian Zeno June 2005 The WTO contained a package of over 20 multilateral agreements between developed, developing, and least-developed countries (LDCs).

Stop the genocide in Darfur: Bribe the Chinese By Lydia Lazar December 2005 You have to give the Bush administration’s deputy secretary of state Robert B. Zoellick credit: he certainly appears to be doing the best he can to stop the genocidal violence in Sudan’s Darfur region.

Summary of commercial agency/distributorship law in Pakistan By Howard L. Stovall January 2005 The Pakistani Contract Act 1872 (the "Contract Act") contains a special chapter on the relationship between agent and principal, broadly defining the terms as follows:

The Supreme Court’s most recent use of foreign and international law By Cindy G. Buys June 2005 In recent years, the Rehnquist Court has been engaged in a heated debate regarding the proper role of international law in the interpretation of the U.S. Constitution.

Teaching about genocide-A new Illinois law mandates that schools teach about the seven human rights catastrophes in addition to the Holocaust By Elizabeth Al-Dajani September 2005 The 94th session of the Illinois General Assembly recently passed H.B. 312, which Governor Blagojevich signed into law on August 5, 2005.

Ultimus Inter Pares? Small states in the European Union By Giovanni Coinu & Matti Wiberg September 2005 There is no widely accepted normative definition of a small state.

Unaccompanied immigrant children: The problem By Alen Takhsh November 2005 Cesare Pavese, the renowned Italian novelist and poet, once exclaimed that, “One stops being a child when one realizes that telling one’s trouble does not make it any better.”

Unaccompanied immigrant children: The solution By Alen Takhsh December 2005 This is the second of two articles. The first appeared in the prior issue of The Globe (November 2005, Vol. 43, No. 3) and contained the background factual situation.

USCIS age-out regulations held invalid in the Ninth Circuit By Pradip K. Sahu January 2005 The Akhtar v. Burzynski decision may help many of our clients who entered the United States under a "V" visa and may allay some fears for those nearing age 21.