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Papers by Daniel Ryan Koslosky

Research paper thumbnail of Mission Creep in National Security Law

Research paper thumbnail of Toward an Interpretive Model of Judicial Independence: A Case Study of Eastern Europe

University of Pennsylvania Journal of International Law, 2010

The transitions in Central and Eastern Europe after the fall of communism were unique in that the... more The transitions in Central and Eastern Europe after the fall of communism were unique in that they consisted of a “triple transition,” simultaneous marketization, democratization, and state-building. An essential, element of these cumbersome and complex processes is judicial reform. This Article discusses the mechanisms of judicial reform in light of the formal judicial structures, and in doing so introduces a new theory by which judicial independence can be established. This Article begins by examining the communist legal system, its attempted reforms, and its normative legacy. After discussing the impact of judicial reform on economic liberalization and democratic consolidation, a theoretical framework for judicial reform is presented. Competing models of judicial review are presented as is the various mechanisms used by judiciaries to incorporate and apply international law into their domestic legal systems. From the foregoing analysis two judiciaries are examined – Estonia and L...

Research paper thumbnail of Trans-Caspian Energy Relations in the Post-Soviet Era

In the first decade of transition, the new republics of Central Asia and the Caucuses have made s... more In the first decade of transition, the new republics of Central Asia and the Caucuses have made significant progress in tapping the hydrocarbon reserves of the Caspian Sea. However, the ongoing legal battle over drilling rights in Caspian Sea and the numerous conflicts within the region have added to delays of effective petrochemical exploration and drilling. There are several trends in the relations of the trans-Caspian republics including fractionalization, polarization, and integration. This analysis explores these current trends in Caspian Sea relations inherited from the Soviet energy legacy.

Research paper thumbnail of Toward an Interpretive Model of Judicial Independence: A Case Study of Eastern Europe

1. INTRODUCTION...........................................................................204 2. ... more 1. INTRODUCTION...........................................................................204 2. JUDICIAL LEGACIES AND REFORMS............................................208 2.1. The Communist Judicial Legacy.............................. ..............208 2.2. Judicial Reform and Economic Transition............ ...

Research paper thumbnail of Whither Communism: A Comparative Perspective on Constitutionalism in a Postsocialist Cuba

4. A vigorous academic debate has emerged regarding the applicability of existing transition theo... more 4. A vigorous academic debate has emerged regarding the applicability of existing transition theory to Eastern Europe. Much of the focus has been on the inherent differences, similarities, and emerging patterns between Eastern Europe and South America.

Research paper thumbnail of Sexual Identity as Personhood: Towards an Expressive Liberty in the Military Context

II. THE JURISPRUDENCE OF THE CLOSET: HOMOSEXUALS, THE CONSTITUTION, AND THE M IL IT ARY ............ more II. THE JURISPRUDENCE OF THE CLOSET: HOMOSEXUALS, THE CONSTITUTION, AND THE M IL IT ARY ............................................................................... ... A. JUDICIAL DEFERENCE TO MILITARY POLICY .................. 179 ... B. THE FIRST AMENDMENT AND THE MILITARY ................. 182

Research paper thumbnail of Ghosts of Horace Gray: Customary International Law as Expectation in Human Rights Litigation

T HE jurisprudence of Horace Gray.. ." is not an omnipotent battle " Icry heard... more T HE jurisprudence of Horace Gray.. ." is not an omnipotent battle " Icry heard amidst the tension that is a first-year law class. Justice Gray's erudition and legal prose seem to have been largely surrendered to a bygone era.' Yet the overlooked legacy of this relatively understudied ...

Research paper thumbnail of Constiutional Law: Predictability as Fairness and the Possible Return to Federal Indeterminate Sentencing

... 999 CONSTITUTIONAL LAW: PREDICTABILITY AS FAIRNESS AND THE POSSIBLE RETURN TO FEDERAL INDETER... more ... 999 CONSTITUTIONAL LAW: PREDICTABILITY AS FAIRNESS AND THE POSSIBLE RETURN TO FEDERAL INDETERMINATE SENTENCING United States v. Booker, 125 S. Ct. 738 (2005) Daniel Ryan Koslosky* Respondent1 ...

Research paper thumbnail of Trans-Caspian Energy Relations in the Post-Soviet Era

Page 1. Electronic copy available at: http://ssrn.com/abstract=1089219 1 Trans-Caspian Energy Rel... more Page 1. Electronic copy available at: http://ssrn.com/abstract=1089219 1 Trans-Caspian Energy Relations In the Post-Soviet Era Daniel Ryan Koslosky Florida International Review Winter 2002 Abstract: In the first decade of ...

Research paper thumbnail of Beyond Harmonization: Comparative Regulatory Preemption in European Chemicals Policy

Chemicals manufacturing and marketing is one of the most lucrative sectors in the European econom... more Chemicals manufacturing and marketing is one of the most lucrative sectors in the European economy. The industry's importance to Europe is unlikely to be discounted; it affects over 3 million jobs and approximately 36,000 small-and medium-sized enterprises. The industry also ...

Research paper thumbnail of Mission Creep in National Security Law

Research paper thumbnail of Ghosts of Horace Gray: Customary International Law as Expectation in Human Rights Litigation

Research paper thumbnail of Sexual Identity as Personhood: Towards an Expressive Liberty in the Military Context

Research paper thumbnail of Toward an Interpretive Model of Judicial Independence: A Case Study of Eastern Europe

University of Pennsylvania Journal of International …, Jan 1, 2009

Research paper thumbnail of Realigning US Relations with Russia

Research paper thumbnail of Trans-Caspian Energy Relations in the Post-Soviet Era

University of Florida International Review, Jan 1, 2003

Research paper thumbnail of Whither Communism: A Comparative Perspective on Constitutionalism in a Postsocialist Cuba

Geo. Wash. Int'l L. Rev., Jan 1, 2009

Research paper thumbnail of Constitutional Law: Predictability as Fairness and the Possible Return to Federal Indeterminate Sentencing-United States v. Booker

Fla. L. Rev., Jan 1, 2005

CONSTITUTIONAL LAW: PREDICTABILITY AS FAIRNESS AND THE POSSIBLE RETURN TO FEDERAL INDETERMINATE S... more CONSTITUTIONAL LAW: PREDICTABILITY AS FAIRNESS AND THE POSSIBLE RETURN TO FEDERAL INDETERMINATE SENTENCING United States v. Booker, 125 S. Ct. 738 (2005) Daniel Ryan Koslosky Respondent1 was convicted by a jury of possession with intent to ...

Research paper thumbnail of Beyond Harmonization: Comparative Regulatory Preemption in European Chemicals Policy

Research paper thumbnail of Constiutional Law: Predictability as Fairness and the Possible Return to Federal Indeterminate Sentencing

Florida Law Review, Jan 1, 2005

Research paper thumbnail of Mission Creep in National Security Law

Research paper thumbnail of Toward an Interpretive Model of Judicial Independence: A Case Study of Eastern Europe

University of Pennsylvania Journal of International Law, 2010

The transitions in Central and Eastern Europe after the fall of communism were unique in that the... more The transitions in Central and Eastern Europe after the fall of communism were unique in that they consisted of a “triple transition,” simultaneous marketization, democratization, and state-building. An essential, element of these cumbersome and complex processes is judicial reform. This Article discusses the mechanisms of judicial reform in light of the formal judicial structures, and in doing so introduces a new theory by which judicial independence can be established. This Article begins by examining the communist legal system, its attempted reforms, and its normative legacy. After discussing the impact of judicial reform on economic liberalization and democratic consolidation, a theoretical framework for judicial reform is presented. Competing models of judicial review are presented as is the various mechanisms used by judiciaries to incorporate and apply international law into their domestic legal systems. From the foregoing analysis two judiciaries are examined – Estonia and L...

Research paper thumbnail of Trans-Caspian Energy Relations in the Post-Soviet Era

In the first decade of transition, the new republics of Central Asia and the Caucuses have made s... more In the first decade of transition, the new republics of Central Asia and the Caucuses have made significant progress in tapping the hydrocarbon reserves of the Caspian Sea. However, the ongoing legal battle over drilling rights in Caspian Sea and the numerous conflicts within the region have added to delays of effective petrochemical exploration and drilling. There are several trends in the relations of the trans-Caspian republics including fractionalization, polarization, and integration. This analysis explores these current trends in Caspian Sea relations inherited from the Soviet energy legacy.

Research paper thumbnail of Toward an Interpretive Model of Judicial Independence: A Case Study of Eastern Europe

1. INTRODUCTION...........................................................................204 2. ... more 1. INTRODUCTION...........................................................................204 2. JUDICIAL LEGACIES AND REFORMS............................................208 2.1. The Communist Judicial Legacy.............................. ..............208 2.2. Judicial Reform and Economic Transition............ ...

Research paper thumbnail of Whither Communism: A Comparative Perspective on Constitutionalism in a Postsocialist Cuba

4. A vigorous academic debate has emerged regarding the applicability of existing transition theo... more 4. A vigorous academic debate has emerged regarding the applicability of existing transition theory to Eastern Europe. Much of the focus has been on the inherent differences, similarities, and emerging patterns between Eastern Europe and South America.

Research paper thumbnail of Sexual Identity as Personhood: Towards an Expressive Liberty in the Military Context

II. THE JURISPRUDENCE OF THE CLOSET: HOMOSEXUALS, THE CONSTITUTION, AND THE M IL IT ARY ............ more II. THE JURISPRUDENCE OF THE CLOSET: HOMOSEXUALS, THE CONSTITUTION, AND THE M IL IT ARY ............................................................................... ... A. JUDICIAL DEFERENCE TO MILITARY POLICY .................. 179 ... B. THE FIRST AMENDMENT AND THE MILITARY ................. 182

Research paper thumbnail of Ghosts of Horace Gray: Customary International Law as Expectation in Human Rights Litigation

T HE jurisprudence of Horace Gray.. ." is not an omnipotent battle " Icry heard... more T HE jurisprudence of Horace Gray.. ." is not an omnipotent battle " Icry heard amidst the tension that is a first-year law class. Justice Gray's erudition and legal prose seem to have been largely surrendered to a bygone era.' Yet the overlooked legacy of this relatively understudied ...

Research paper thumbnail of Constiutional Law: Predictability as Fairness and the Possible Return to Federal Indeterminate Sentencing

... 999 CONSTITUTIONAL LAW: PREDICTABILITY AS FAIRNESS AND THE POSSIBLE RETURN TO FEDERAL INDETER... more ... 999 CONSTITUTIONAL LAW: PREDICTABILITY AS FAIRNESS AND THE POSSIBLE RETURN TO FEDERAL INDETERMINATE SENTENCING United States v. Booker, 125 S. Ct. 738 (2005) Daniel Ryan Koslosky* Respondent1 ...

Research paper thumbnail of Trans-Caspian Energy Relations in the Post-Soviet Era

Page 1. Electronic copy available at: http://ssrn.com/abstract=1089219 1 Trans-Caspian Energy Rel... more Page 1. Electronic copy available at: http://ssrn.com/abstract=1089219 1 Trans-Caspian Energy Relations In the Post-Soviet Era Daniel Ryan Koslosky Florida International Review Winter 2002 Abstract: In the first decade of ...

Research paper thumbnail of Beyond Harmonization: Comparative Regulatory Preemption in European Chemicals Policy

Chemicals manufacturing and marketing is one of the most lucrative sectors in the European econom... more Chemicals manufacturing and marketing is one of the most lucrative sectors in the European economy. The industry's importance to Europe is unlikely to be discounted; it affects over 3 million jobs and approximately 36,000 small-and medium-sized enterprises. The industry also ...

Research paper thumbnail of Mission Creep in National Security Law

Research paper thumbnail of Ghosts of Horace Gray: Customary International Law as Expectation in Human Rights Litigation

Research paper thumbnail of Sexual Identity as Personhood: Towards an Expressive Liberty in the Military Context

Research paper thumbnail of Toward an Interpretive Model of Judicial Independence: A Case Study of Eastern Europe

University of Pennsylvania Journal of International …, Jan 1, 2009

Research paper thumbnail of Realigning US Relations with Russia

Research paper thumbnail of Trans-Caspian Energy Relations in the Post-Soviet Era

University of Florida International Review, Jan 1, 2003

Research paper thumbnail of Whither Communism: A Comparative Perspective on Constitutionalism in a Postsocialist Cuba

Geo. Wash. Int'l L. Rev., Jan 1, 2009

Research paper thumbnail of Constitutional Law: Predictability as Fairness and the Possible Return to Federal Indeterminate Sentencing-United States v. Booker

Fla. L. Rev., Jan 1, 2005

CONSTITUTIONAL LAW: PREDICTABILITY AS FAIRNESS AND THE POSSIBLE RETURN TO FEDERAL INDETERMINATE S... more CONSTITUTIONAL LAW: PREDICTABILITY AS FAIRNESS AND THE POSSIBLE RETURN TO FEDERAL INDETERMINATE SENTENCING United States v. Booker, 125 S. Ct. 738 (2005) Daniel Ryan Koslosky Respondent1 was convicted by a jury of possession with intent to ...

Research paper thumbnail of Beyond Harmonization: Comparative Regulatory Preemption in European Chemicals Policy

Research paper thumbnail of Constiutional Law: Predictability as Fairness and the Possible Return to Federal Indeterminate Sentencing

Florida Law Review, Jan 1, 2005