Digital Commons Network^™

The Superfluous Fifteenth Amendment?, Travis Crum

Northwestern University Law Review

This Article starts a conversation about reorienting voting rights doctrine toward the Fifteenth Amendment. In advancing this claim, I explore an unappreciated debate—the “Article V debate”—in the Fortieth Congress about whether nationwide black suffrage could and should be achieved through a statute, a constitutional amendment, or both. As the first significant post-ratification discussion of the Fourteenth Amendment, the Article V debate provides valuable insights about the original public understandings of the Fourteenth and Fifteenth Amendments and the distinction between civil and political rights.

The Article V debate reveals that the Radical Republicans’ initial proposal for nationwide black suffrage included both …

A Comparative Study Of The European Stability Mechanism With The Troubled Asset Relief Program Of The United States, Tanu Sinha

Northwestern Journal of International Law & Business

This article presents a comparative study of the Troubled Asset Relief Program (TARP), established by the U.S. Treasury during the 2008 financial crisis, and the European Stability Mechanism (ESM), a permanent bail-out fund established by the European Union (EU) in 2012. The article begins by introducing the European Union and the Sovereign Debt Crisis briefly, and discusses TARP and its impact on the United States economy. Then the article summarizes the evolution of ESM along with the bail-out programs that have been provided by ESM and its predecessors. The article then outlines the similarities and differences between ESM and TARP, …

National Laws Governing Commercial Space Activities: Legislation, Regulation, & Enforcement, Paul Stephen Dempsey

Northwestern Journal of International Law & Business

Private commercial activity in outer space has grown robustly in recent decades. In order to fulfill their international obligations, protect the public from harm, shield their treasuries from liability, and encourage and foster the development of commercial space activities, a growing number of States have promulgated national space legislation that establish space regulatory institutions with jurisdiction to license private actors and enforce compliance with regulatory requirements. This Article provides a comparative analysis of State legislative and regulatory requirements in the area of licensing, registration, safety and environmental obligations, liability, insurance, indemnification as well as enforcement.

A Fresh Look At Tests For Nonliteral Copyright Infringement, Pamela Samuelson

Northwestern University Law Review

Determining whether a copyright has been infringed is often straightforward in cases involving verbatim copying or slavish imitation. But when there are no literal similarities between the works at issue, ruling on infringement claims becomes more difficult. The Second and Ninth Circuits have developed five similar yet distinct tests for judging nonliteral copyright infringement. This Essay argues that each of these tests is flawed and that courts have generally failed to provide clear guidance about which test to apply in which kinds of cases.

This Essay offers seven specific strategies to improve the analysis of nonliteral infringements. Courts should do …

Ties That Bind? The Questionable Consent Justification For Hosanna-Tabor, Jessie Hill

Northwestern University Law Review

Arguments in favor of religious sovereignty often emphasize the benefits of autonomy for religious institutions while ignoring the civil rights of individuals who belong to or work for those institutions. To justify intrusions on individual civil rights, proponents of strong religious autonomy generally rely on the concept of implied consent. According to this rationale, individuals willingly give up the protection of civil rights laws when they voluntarily join religious organizations. This Essay responds to one scholar’s account of the consent rationale as undergirding the Supreme Court’s recognition of the ministerial exception: Christopher Lund’s excellent article, Free Exercise Reconceived: The Logic …

The Winter’S Tale Of Corruption: The 2022 Fifa World Cup In Qatar, The Impending Shift To Winter, And Potential Legal Actions Against Fifa, Kate Youd

Northwestern Journal of International Law & Business

Hosting rights for the 2022 FIFA World Cup soccer tournament have been awarded to Qatar through a process that many alleged was corrupt. The climate in Qatar during the summer, when the tournament is traditionally held, is extremely hot, leading many in FIFA to consider potentially moving the tournament to the winter months. This move would have a major financial impact on professional soccer leagues in Europe and throughout the world, as well as on broadcasters and business partners. This Comment explores how a legal case could be brought against FIFA for its decision to award the tournament to Qatar. …

Chuaigh Ár Lá – Debt Of A Gaelsman: Ireland’S Sovereign Debt Crisis, National And International Responses, James Croke

Northwestern Journal of International Law & Business

How did a small island nation on the periphery of Europe go from the pauper of the European Union, to a paragon of a market economy, and back to fiscal ruin within the space of twenty years? Ireland was the poorest nation in the European Economic Community (EEC) in 1988. In the late 1980’s and early 1990’s it undertook structural reforms to fundamentally reshape its economy, the result was a booming economy throughout the mid-to-late 1990’s and early 2000’s, primarily fueled by exports and foreign direct investment. Rather than continue on a sustained, but slower, growth path in the 2000’s, …

The Scorecard So Far: Emerging Issues In Cross-Border Insolvencies Under Chapter 15 Of The U.S. Bankruptcy Code, Megan R. O'Flynn

Northwestern Journal of International Law & Business

Chapter 15 of the U.S. Bankruptcy Code was modeled after the Model Law on Cross-Border Insolvency, drafted by the United Nations Commission on International Trade and Law (UNCITRAL) in 1997. Despite the relatively small number of cases commenced in U.S. Courts under Chapter 15 since its adoption, no other section of the current Bankruptcy Code has broader implications for international business transactions and global foreign business relations than the provisions of Chapter 15. Moreover, since the United States has long been an innovator at the forefront of international insolvency law, interpretation of key provisions of the Chapter and related UNCITRAL …

The Lee Arthur Hester Case And The Unfinished Business Of The United States Supreme Court To Protect Juveniles During Police Interrogations, Steven A. Drizin

Northwestern Journal of Law & Social Policy

1961, on the eve of the Warren Court's "due process revolution" in the area of constitutional criminal procedure and in the midst of the Civil Rights Movement, a fourteen-year-old black boy named Lee Arthur Hester was arrested and charged with raping and murdering a white teacher in Chicago. The unrepresented Hester confessed shortly after an interrogation by four police officers who accused him of the crime and told him that they had evidence linking him to the crime. He immediately recanted his confession when allowed to see his mother and an attorney. Hester's attorneys moved to suppress his confession but …

Ruined In A Conventional Way: Responses To Credit Ratings' Role In Credit Crises, David J. Matthews

Northwestern Journal of International Law & Business

In 2007, abuses in the U.S. mortgage industry precipitated a financial crisis that led regulators in the United States and in the European Union to reexamine credit rating agencies. Asset-backed securities bearing agency ratings helped spread the effects of the crisis to diverse institutional investors, including European banks. This article traces debt securities and ratings from the rise of the mortgage securitization industry to the European and U.S. responses following the 2007 meltdown and concludes that ratings-focused regulatory changes are only a first step in avoiding similar financial crises. The market incentives, risk misperception, and risk spreading that attend complex …

Antitrust And Free Movement Risks Of Expanding U.S. Professional Sports Leagues Into Europe, Marc Edelman, Brian Doyle

Northwestern Journal of International Law & Business

This article discusses the legal risks that would emerge if the NBA and NFL decide to expand into Europe. Part I of this article explains the differences in operating structure between U.S. and European professional sports leagues. Part II discusses the differences in competition law between the United States and European Community. Part III explains why the legal status of age and education (age/education requirements) is more favorable to professional sports leagues under U.S. law than under EC law. Part IV explains why the legal status of league drafts and reserve systems also might be more favorable to professional sports …

Nigger: A Critical Race Realist Analysis Of The N-Word Within Hate Crimes Law, Gregory S. Parks, Shayne E. Jones

Journal of Criminal Law and Criminology

No abstract provided.

Pretrial And Preventive Detention Of Suspected Terrorists: Options And Constraints Under International Law, Douglass Cassel

Journal of Criminal Law and Criminology

No abstract provided.

Civil And Human Rights Violations In Northern Ireland: Effects And Shortcomings Of The Good Friday Agreement In Guaranteeing Protections, Lynn Wartchow

Northwestern Journal of Human Rights

No abstract provided.

The Globalization Of Human Rights: Consciousness, Law And Reality, Douglass Cassel

Northwestern Journal of Human Rights

No abstract provided.

European Community Compulsory Licensing Policy: Heresy Versus Commen Sense Symposium On European Competition Law , Frank Fine

Northwestern Journal of International Law & Business

There is a growing trend to limit the rights of intellectual property owners when the public interest warrants. Until very recently, this phenomenon has been manifested only at a transnational level.1 For example, the World Trade Organization, as recently as November 2001, in its Doha Agreement ("Doha"),2 enabled certain nations of the Asian and African subcontinents to obtain compulsory licenses to manufacture and distribute domestically certain anti-retroviral drugs by declaring a state of national health emergency. Doha raises an intriguing question: if limited intrusions into valuable intellectual property rights may be justified on public health grounds, should not such intrusions …

"Open Skies" At A Crossroads: How The United States And European Union Should Use The Ecj Transport Cases To Reconstruct The Transatlantic Aviation Regime, Jacob A. Warden

Northwestern Journal of International Law & Business

Since the creation of the modern international aviation regime, at the 1944 Chicago Conference, the United States has used this power and prestige to create a system much to its liking. However, the recent decision of the Court of Justice of the European Communities ("ECJ") in the Transport Cases threatens to change this. The Transport Cases, brought by the European Commission ("Commission") in an attempt to achieve exclusive authority to negotiate commercial aviation agreements for the collective European Union, partially struck down several bilateral aviation treaties signed between several of the Member States and the United States. The Commission, recognizing …

Learning From The Past, Living In The Present: Understanding Homicide In Chicago, 1870-1930, Leigh B. Bienen, Brandon Rottinghaus

Journal of Criminal Law and Criminology

No abstract provided.

Wife Murder In Chicago: 1910-1930, Cynthia Grant Bowman, Ben Altman

Journal of Criminal Law and Criminology

No abstract provided.

Foreword: Terrorism And Utilitarianism: Lessons From, And For, Criminal Law, Paul Butler

Journal of Criminal Law and Criminology

No abstract provided.

Barbie Banished From The Small Screen: The Proposed European Ban On Children's Television Advertising, Janice H. Kang

Northwestern Journal of International Law & Business

This Comment first presents a brief history of European policy governing children's television advertising in Europe and lists the current regula-tions in the various EU member states, ranging from Britain's deferential guidelines to Sweden's draconian stance. The next two sections examine arguments both for and against the ban. Impassioned consumer advocates decry television advertising to children as preying upon young impressionable minds; indignant industry groups marshal arguments such as the increasing sophistication of children and the freedom of commercial speech. Finally, after forecasting a doubtful future for the proposed absolute ban on children's television across Europe, this Comment concludes that …

Spoiling The Surprise: Constraints Facing Random Regulatory Inspections In Japan And The United States, Andrew Chin

Northwestern Journal of International Law & Business

This Article is organized as follows. Part I presents a rational actor model of legal compliance under an enforcement regime based on random inspections and identifies two classes of reforms that can be applied in combination to improve aggregate compliance. Part II introduces the problem of corrupt tip-offs into the model and argues that exogenous reforms are necessary to combat corruption. Part III surveys the use of random administrative inspections in the United States, reviews the approaches taken by four such programs to improve compliance and fight corruption, and describes the various constraints under which they must operate. Part IV …

Fallacy Of Federalism In Foreign Affairs: State And Local Foreign Policy Trade Restrictions, The , Howard N. Iii Fenton

Northwestern Journal of International Law & Business

State and local foreign trade restrictions represent the convergence of two main threads of the globalization of the U.S. experience, and raise a serious challenge to the historic allocation of foreign policy responsibility to the federal government. The internationalization of state and local economies is the first thread. The second is the heightened efforts of state, city and county governments to play a role in foreign affairs and foreign policy decisions. Where they meet finds states and cities using their new-found international economic leverage to influence not only United States' foreign policy, but the domestic policies of foreign nations as …

Book Reviews

Journal of Criminal Law and Criminology

No abstract provided.

Requiring Jury Instructions On Eyewitness Identification Evidence At Federal Criminal Trials, Michael H. Hoffheimer

Journal of Criminal Law and Criminology

No abstract provided.

Toward Negotiating A Remedy To Copyright Piracy In Singapore, James W. Peters

Northwestern Journal of International Law & Business

The pirates of modern Singapore threaten to undermine the international trade of copyrighted works. Advancements in technology have facilitated the inexpensive reproduction of books, audio and video cassettes, and computer programs. Printing, video, and audio pirates have found Singapore well suited to the unauthorized copying of protected works. Literature and music reproduced in Singapore has found its way to markets throughout the world. To persuade Singapore to protect intellectual property, United States and British business organizations, the United States government, and the governing bodies of international intellectual property conventions have proposed measures ranging from educational programs to economic reprisals. Still, …

The Need For A Ban On All Radioactive Waste Disposal In The Ocean, David G. Spak

Northwestern Journal of International Law & Business

The harnessing of nuclear power is the technological advance which best represents the ability of the human race to transform the environment for both good and bad. Nuclear power can be used either to destroy the earth or to improve greatly the quality of life for all persons. Attendant with this power is the problem of what to do with radioactive wastes left behind by the private and public uses of a technology not yet fifty years old. As wastes from nuclear power plants, government projects, and various fields of science continue to amass, attention is being focused increasingly on …

Blocking And Clawing Back In The Name Of Public Policy: The United Kingdom's Protection Of Private Economic Interests Against Adverse Foreign Adjudications, Michael L. Novicoff

Northwestern Journal of International Law & Business

Like their common law cousins, the courts of the United Kingdom have long claimed the authority to decline recognition to foreign sovereign acts which pose a threat to their nation's public policy. This Article surveys the British cases in which such discretion has been or might have been exercised, and it concludes that the doctrine is no longer applied in the very instances for which it was developed. Instead, it appears that the doctrine is, in its old age, used merely as a pretext for the advancement of British economic interests at the expense of international comity. A new model …

Book Reviews

Journal of Criminal Law and Criminology

No abstract provided.

Improper Use Of The Federal Grand Jury: An Instrument For The Internment Of Political Activists, Michael E. Deutsch

Journal of Criminal Law and Criminology

No abstract provided.