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- And security; Alliance; Mediation; International Arbitration; Adjudication; ICJ; Collective defense; Unity; Cooperation; Militarization; UNCLOS; United Nations; (1)
- Hate Crimes; COVID-19; Asian Americans; AAPI; Chinese Exclusion Act; Japanese Internment; Vincent Chin; SARS; Model Minority Myth; Perpetual Foreigner; Civil Rights Act of 1968; COVID-19 Hate Crimes Act; COVID-19 Health Equity Task Force; (1)
- NATO; North Atlantic Treaty; Greece; Turkey; Dispute Resolution; Cyprus; Hydrocarbon deposits; Undersea mining rights; Continental shelf; Ukraine; Russia; War; Conflict; Stabilization (1)
- Peace (1)
- Preamble; Constitution; We the People; originalism; constitutional interpretation; Jacobson v. Massachusetts; constitutional history; legal history; Founding; original meaning; originalist; history; Edward Coke; William Blackstone (1)
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- Puerto Rico; US Territory; commonwealth; colonization; voting rights; suffrage; naturalization; citizenship; Foraker Act; Jones Act; Insular Cases; incorporated territory; unincorporated territory; statehood; taxation without representation; First Amendment; Free Speech; Association; Strict Scrutiny; Government Interests; Compelling Interest; Narrow Tailoring; Proportionality; (1)
- Republic of Germany; Art; Forced Sale; Stolen Art; Cultural Property; Foreign Sovereign Immunity Amendment; Proposed Amendment to the Foreign Sovereign Immunity Amendment; Domestic Takings; Expropriation; Jus Cogens; Peremptory Norms; The Genocide Exception; Absolute Theory of Foreign Sovereign Immunity; Restrictive Theory of Foreign Sovereign Immunity; Nazi (1)
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Addressing The Root Cause Of Covid-19 Hate Crimes Against The Aapi Community: Shifting From Reactive Policies To Preventative Solutions, Alexa A. Panganiban
Addressing The Root Cause Of Covid-19 Hate Crimes Against The Aapi Community: Shifting From Reactive Policies To Preventative Solutions, Alexa A. Panganiban
Journal of Law and Policy
While the COVID-19 Pandemic affected health, social interaction, and politics on a global scale, Asian Americans in the United States faced the added hardship of racism and xenophobia. Unfortunately, anti-Asian sentiment in the U.S. is not unprecedented and has historical roots dating back to at least the nineteenth century. However, with right-wing leaders using condescending labels like “Chinese virus” and “Kung Flu” to describe the deadly infection, Asian hate has escalated to astronomical levels. Within one year of the onset of the Pandemic, more than 9,000 reports of Asian hate were filed, and this exponential surge led to the adoption …
Amending The Foreign Sovereign Immunity Act To Promote Accountability For Violations Of Peremptory Norms Of International Law, Joshua Newman
Amending The Foreign Sovereign Immunity Act To Promote Accountability For Violations Of Peremptory Norms Of International Law, Joshua Newman
Brooklyn Journal of International Law
The current state of the United States legal system, and international law at large, fails to afford victims of violations of international law with proper redress, when those violations were facilitated by a domestic taking. The Foreign Sovereign Immunity Act provides foreign sovereigns immunity from the jurisdiction of United States courts when those foreign sovereigns effectuate of a violation of international law through domestic takings. Courts have attempted to circumvent the restrictions of the Foreign Sovereign Immunity Act with exceptions such as the genocide exception. Unfortunately, the Supreme Court’s recent decision in Federal Republic of Germany v Philipp renounced the …
Nato Allies On The Brink Of War: The Cause For Implement-Ing A Dispute Resolution Mechanism Within The North Atlantic Treaty, Samantha Solomotis
Nato Allies On The Brink Of War: The Cause For Implement-Ing A Dispute Resolution Mechanism Within The North Atlantic Treaty, Samantha Solomotis
Brooklyn Journal of International Law
NATO is the largest peacekeeping military alliance in the world and is not yet done growing. Recent events in Ukraine have reinforced the importance of NATO as a defensive alliance. New threats, both internal and external, are emerging. Intra-alliance conflicts over ideological agreements, border disputes, and member contributions put the fate of the organization at risk. To retain its strength as it grows, NATO must develop stronger cohesion between member states to ensure effectiveness and prevent dissolution. This Note uses the recently reignited conflict between Greece and Turkey—NATO members and belligerent neighbors—to demonstrate the pressing need and peacekeeping utility of …
Puerto Rican Presidential Voting Rights: Why Precedent Should Be Overturned, And Other Options For Suffrage, Sigrid Vendrell-Polanco
Puerto Rican Presidential Voting Rights: Why Precedent Should Be Overturned, And Other Options For Suffrage, Sigrid Vendrell-Polanco
Brooklyn Law Review
The United States has continued to hold Puerto Rico as a colony, much like the British empire did the US colonies, and has given it no clear path to incorporation, statehood, or independent sovereignty. It has also denied its citizens the right to vote for their president and have voting representation in Congress. Current case law regarding Puerto Rican presidential voting rights and voting representation in Congress rests on precedent that dates almost as far back as its acquisition—the infamous Insular Cases. This case law is inconsistent with prior precedent, constitutional principles, and does not account for Puerto Rico’s contributions …
Preambles Before The Preamble: Rediscovering The Preamble’S Role In Constitutional Interpretation, Stuart Ford
Preambles Before The Preamble: Rediscovering The Preamble’S Role In Constitutional Interpretation, Stuart Ford
Brooklyn Law Review
This article explores how the Preamble to the Constitution (Preamble) would have been viewed when it was drafted by looking at how preambles were used in America in the seventeenth and eighteenth centuries. It offers the first comprehensive look at how preambles were viewed by lawyers, judges, politicians, and the public in the years before the Constitution was ratified. It demonstrates that courts’ modern treatment of the Preamble is at odds with its original meaning. Eighteenth-century Americans viewed the Preamble as an important tool for understanding and interpreting the Constitution. They would have expected courts to interpret the Constitution’s terms …