Digital Commons Network^™

The Supreme Court In Context: Conceptual, Pragmatic, And Institutional, Edward L. Rubin

Vanderbilt Law Review

Is it possible to decide whether a constitutional decision is right or wrong? Legal scholars respond with an enthusiastic 'Yes!" but their reasons for this answer are generally based on what philosophers call formal arguments. These arguments, as opposed to substantive arguments, focus on internal coherence, rather than external standards. Originalism, textualism, structural analysis, and evolving meaning are all formal arguments. Their appeal lies precisely in their independence from external issues-that is, from the sort of issues that generate political and social controversy. If one can demonstrate by formal argument that a particular constitutional decision is correct, then one can …

Human Trafficking In Multinational Supply Chains: A Corporate Director's Fiduciary Duty To Monitor And Eliminate Human Trafficking Violations, Laura Ezell

Vanderbilt Law Review

Corporate directors cannot afford to remain ignorant of human trafficking violations in corporate supply chains.' Corporations in the United States that benefit from supply-chain trafficking have been able to escape liability when the trafficking occurs in the labor force of their suppliers instead of the labor force of the corporation itself. However, the 2008 reauthorization of the Trafficking Victims Protection Act specifically targets this behavior under its criminal and civil provisions regarding financial benefit from labor trafficking. Corporations with trafficking violations in their supply chains risk criminal prosecution and civil suits filed by foreign and domestic victims, and the directors …

From Nuremberg To Kenya: Compiling The Evidence For International Criminal Prosecutions, Jennifer Stanley

Vanderbilt Journal of Transnational Law

The Prosecutor of the International Criminal Court has encountered significant difficulty in conducting investigations. Faced with violence on the ground, witnesses who fear repercussions, and limitations on resources, the Prosecutor has turned to relying on secondary forms of evidence, such as the reports of NGOs and other third-party information providers.

This Note argues that the Prosecutor's use of such evidence is problematic because it fails to adequately follow the evidentiary rules of the Court and, subsequently, to protect the rights of witnesses and defendants. Moreover, the Office of the Prosecutor's dependence on third-party evidence has stunted the Prosecutor's ability to …