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Articles 1 - 26 of 26
Full-Text Articles in Entire DC Network
Incentivizing Sustainability In American Enterprise: Lessons From Finnish Model, Vasa T. Dunham
Incentivizing Sustainability In American Enterprise: Lessons From Finnish Model, Vasa T. Dunham
Sustainable Development Law & Policy
The disparate climate performances of Finland and the United States, two of the wealthiest countries in the world, bring to light the question of how corporate responsibility has been inspired in each jurisdiction. Having established the urgency of the climate crisis and the importance of corporate behavior in optimizing a given country’s approach to protection of the global environment, an examination of each nation’s legal frameworks may shed light on features of the corporate regime that are effective in advancing sustainability goals and those that are not.22 Part I of this paper establishes a comparative framework by providing background on …
Borders And Bits, Jennifer Daskal
Borders And Bits, Jennifer Daskal
Articles in Law Reviews & Other Academic Journals
Our personal data is everywhere and anywhere, moving across national borders in ways that defy normal expectations of how things and people travel from Point A to Point B. Yet, whereas data transits the globe without any intrinsic ties to territory, the governments that seek to access or regulate this data operate with territorial-based limits. This Article tackles the inherent tension between how governments and data operate, the jurisdictional conflicts that have emerged, and the power that has been delegated to the multinational corporations that manage our data across borders as a result. It does so through the lens of …
Microsoft Ireland, The Cloud Act, And International Lawmaking 2.0, Jennifer Daskal
Microsoft Ireland, The Cloud Act, And International Lawmaking 2.0, Jennifer Daskal
Articles in Law Reviews & Other Academic Journals
On March 23, President Trump signed the CLOUD Act, 1 thereby mooting one of the most closely watched Supreme Court cases this term: the Microsoft Ireland case. 2 This essay examines these extraordinary and fast-moving developments, explaining how the Act resolves the Supreme Court case and addresses the complicated questions of jurisdiction over data in the cloud. The developments represent a classic case of international lawmaking via domestic regulation, as mediated by major multinational corporations that manage so much of the world's data.
Access To Data Across Borders: The Critical Role For Congress To Play Now, Jennifer Daskal
Access To Data Across Borders: The Critical Role For Congress To Play Now, Jennifer Daskal
Articles in Law Reviews & Other Academic Journals
No abstract provided.
As A Matter Of Fact, No: Appellate Jurisdiction To Review Denials Of Deferral Of Removal Under The Convention Against Torture, Sarah M. Vogt
As A Matter Of Fact, No: Appellate Jurisdiction To Review Denials Of Deferral Of Removal Under The Convention Against Torture, Sarah M. Vogt
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Law Enforcement Access To Data Across Borders: The Evolving Security And Rights Issues, Jennifer Daskal
Law Enforcement Access To Data Across Borders: The Evolving Security And Rights Issues, Jennifer Daskal
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Un-Territoriality Of Data, Jennifer Daskal
The Un-Territoriality Of Data, Jennifer Daskal
Articles in Law Reviews & Other Academic Journals
Territoriality looms large in our jurisprudence, particularly as it relates to the government’s authority to search and seize. Fourth Amendment rights turn on whether the search or seizure takes place territorially or extraterritorially; the government’s surveillance authorities depend on whether the target is located within the United States or without; and courts’ warrant jurisdiction extends, with limited exceptions, only to the borders’ edge. Yet the rise of electronic data challenges territoriality at its core. Territoriality, after all, depends on the ability to define the relevant “here” and “there,” and it presumes that the “here” and “there” have normative significance. The …
Through Our Glass Darkly: Does Comparative Law Counsel The Use Of Foreign Law In U.S. Constitutional Adjudication?, Kenneth Anderson
Through Our Glass Darkly: Does Comparative Law Counsel The Use Of Foreign Law In U.S. Constitutional Adjudication?, Kenneth Anderson
Articles in Law Reviews & Other Academic Journals
This (35 pp.) essay appears as a contribution to a law review symposium on the work of Harvard Law School professor Mary Ann Glendon in comparative law. The essay begins by asking what comparative law as a scholarly discipline might suggest about the use of foreign (or unratified or nationally "unaccepted" international law) by US courts in US constitutional adjudication. The trend seemed to be gathering steam in US courts between the early-1990s and mid-2000s, but by the late-2000s, it appeared to be stalled as a practice, notwithstanding the intense scholarly interest throughout this period.
Practical politics within the US …
Kiobel V. Royal Dutch Petroleum: The Alien Tort Statute's Jurisdictional Universalism In Retreat, Kenneth Anderson
Kiobel V. Royal Dutch Petroleum: The Alien Tort Statute's Jurisdictional Universalism In Retreat, Kenneth Anderson
Articles in Law Reviews & Other Academic Journals
Kiobel v. Royal Dutch Petroleum (Shell), a long-running Alien Tort Statute (ATS) case brought by Nigerian plaintiffs alleging aiding and abetting liability against various multinational oil companies for human rights violations of the Nigerian government in the 1990s, including a non-US Shell corporation, first came before the US Supreme Court in the 2011-2012 term, following a sweeping Second Circuit holding that there was no "liability for corporations" under the ATS. In oral argument, however, several Justices asked a different question from corporate liability: noting that the case involved foreign plaintiffs, foreign defendants, and conduct taking place entirely on foreign sovereign …
Hamdan V. United States: A Death Knell For Military Commissions?, Jennifer Daskal
Hamdan V. United States: A Death Knell For Military Commissions?, Jennifer Daskal
Articles in Law Reviews & Other Academic Journals
In October 2012, a panel of the D.C. Circuit dealt a blow to the United States’ post- September 11, 2001 decade-long experiment with military commissions as a forum for trying Guantanamo Bay detainees. Specifically, the court concluded that prior to the 2006 statutory reforms, military commission jurisdiction was limited to violations of internationally-recognized war crimes; that providing material support to terrorism was not an internationally-recognized war crime; and that the military commission conviction of Salim Hamdan for material support charges based on pre-2006 conduct was therefore invalid. Three months later, a panel of the D.C. Circuit reached the same conclusion …
Burying The Right To Justice In Backyard Battlefields: Militarization In Mexico Conflicts With The American Convention On Human Rights, Clarissa Pintado
Burying The Right To Justice In Backyard Battlefields: Militarization In Mexico Conflicts With The American Convention On Human Rights, Clarissa Pintado
American University International Law Review
No abstract provided.
Significance Of The Fujimori Trial, Juan E. Mendez
Significance Of The Fujimori Trial, Juan E. Mendez
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Whose Dictionary Controls?: Recent Challenges To The Term "Investment" In Icsid Arbirtration, Joseph M. Boddicker
Whose Dictionary Controls?: Recent Challenges To The Term "Investment" In Icsid Arbirtration, Joseph M. Boddicker
American University International Law Review
No abstract provided.
Inter-American System, Diego Rodriguez-Pinzon
Inter-American System, Diego Rodriguez-Pinzon
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Catching Up With The Past: Recent Decisions Of The Inter-American Court Of Human Rights Addressing Gross Human Rights Violations Perpetrated During The 1970-1980s, Claudia Martin
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Jurisdictional Heritage Of The Grand Jury Clause, Roger A. Fairfax
The Jurisdictional Heritage Of The Grand Jury Clause, Roger A. Fairfax
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Role Of International Arbitrators, Susan Franck
The Role Of International Arbitrators, Susan Franck
Articles in Law Reviews & Other Academic Journals
With the advent of the global economy, arbitration has become the preferred mechanism for resolving international disputes. Today international arbitrators resolve billions of dollars worth of disputes.' Arbitration has taken on such prominence in the international context that commentators express "little doubt that arbitration is now the first-choice method of binding dispute resolution" and has "largely taken over litigation."'
Keep Your Hands Off My (Dead) Body: A Critique Of The Ways In Which The State Disrupts The Personhood Interests Of The Deceased And His Or Her Kin In Disposing Of The Dead And Assigning Identity In Death, Mary Clark
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Whose Justice - Reconciling Universal Juristidiction With Democratic Principles, Diane Orentlicher
Whose Justice - Reconciling Universal Juristidiction With Democratic Principles, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Judging Global Justice: Assessing The International Criminal Court, Diane Orentlicher
Judging Global Justice: Assessing The International Criminal Court, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Reconciling Amnesties With Universal Jurisdiction - A Reply To Mr. Phenyo Keiseng Rakate, Juan E. Mendez, Garth Meintjes
Reconciling Amnesties With Universal Jurisdiction - A Reply To Mr. Phenyo Keiseng Rakate, Juan E. Mendez, Garth Meintjes
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Reconciling Amnesties With Universal Jurisdiction, Juan E. Mendez, Garth Meintjes
Reconciling Amnesties With Universal Jurisdiction, Juan E. Mendez, Garth Meintjes
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Politics By Other Means: The Law Of The International Criminal Court, Diane Orentlicher
Politics By Other Means: The Law Of The International Criminal Court, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Toward The Enforcement Of Universal Human Rights Through Abrogation Of The Rule Of Non-Inquiry In Extradition, Richard J. Wilson
Toward The Enforcement Of Universal Human Rights Through Abrogation Of The Rule Of Non-Inquiry In Extradition, Richard J. Wilson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
O'Connor: A Dual Role - An Introduction, Stephen Wermiel
O'Connor: A Dual Role - An Introduction, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Continuing Diminished Availability Of Federal Habeas Corpus Review To Challenge State Court Judgments: Lehman V. Lycoming County Children's Servies Agency, Ira P. Robbins, Susan M. Newell
The Continuing Diminished Availability Of Federal Habeas Corpus Review To Challenge State Court Judgments: Lehman V. Lycoming County Children's Servies Agency, Ira P. Robbins, Susan M. Newell
Articles in Law Reviews & Other Academic Journals
No abstract provided.