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The Conferred Jurisdiction Of The International Criminal Court, Leila Nadya Sadat
The Conferred Jurisdiction Of The International Criminal Court, Leila Nadya Sadat
Notre Dame Law Review
After twenty years of operation, we know that the International Criminal Court (ICC) works in practice. But does it work in theory? A debate rages regarding the proper conceptualization of the Court’s jurisdiction. Some have argued that the ICC’s jurisdiction is little more than a delegation by states of a subset of their own criminal jurisdiction. They contend that when states ratify the Rome Statute, they transfer some of their own prescriptive or adjudicative criminal jurisdiction to the Court, meaning that the Court cannot do more than the state itself could have done. Moreover, they argue that these constraints are …
Deepfake Fight: Ai-Powered Disinformation And Perfidy Under The Geneva Conventions, David Nicholas Allen
Deepfake Fight: Ai-Powered Disinformation And Perfidy Under The Geneva Conventions, David Nicholas Allen
Notre Dame Journal on Emerging Technologies
Deception and disinformation are as much a part of the battlefield as bullets and bombs. However, just like with bullets and bombs, if the law does not properly regulate a capability’s use the capability could degrade faith in the law. In this respect, this paper examines deepfake technology, a modern artificial intelligence-based capability that can generate superficially-perfect yet wholly invented media content. The paper looks ahead to its potential future applications in armed conflict, processes the ways in which current law contemplates such deception, and distills recommendations for improving governance where needed.
Note: Building Blocks Of A Fundamental Right: A Thought Experiment On The Constitutional Right To A Livable Climate, Melanie Hess
Note: Building Blocks Of A Fundamental Right: A Thought Experiment On The Constitutional Right To A Livable Climate, Melanie Hess
Notre Dame Journal on Emerging Technologies
When civil rights lawyers sought to overturn Plessy v. Ferguson in the years leading up to Brown v. Board of Education, they faced a history of institutionalized segregation and inequality, constitutional acceptance of the “separate but equal” doctrine, and sharp social divisions on the issue. Other landmark cases of rights recognition, such as Obergefell v. Hodges and Roe v. Wade, similarly built upon years of evolution in law, precedent, and social opinion that made them inconceivable before their time. Early versions of the litigation strategies envisioning these judgments might have been tentative and vague, lacking in factual, legal, …
Human Rights Talk... And Self-Determination, Too, Manuel Rodriguez-Orellana
Human Rights Talk... And Self-Determination, Too, Manuel Rodriguez-Orellana
Notre Dame Law Review
No abstract provided.
Evading Legislative Jurisdiction, Austen L. Parrish
Evading Legislative Jurisdiction, Austen L. Parrish
Notre Dame Law Review
An essay is presented on the adoption of a different approach by the U.S. courts to deal with the issues related to legislative jurisdictions. The author discusses lapses in the decisions of the courts related to the practice of redefining extraterritoriality that have been foundational in both domestic and international law. It also offers brief information on the decision of the U.S. Supreme Court for the court case Morrison v. National Australia Bank Ltd.
State Action And Corporate Human Rights Liability, Curtis A. Bradley
State Action And Corporate Human Rights Liability, Curtis A. Bradley
Notre Dame Law Review
No abstract provided.
Alien Tort Statute And Federal Common Law: A New Approach, Ingrid Wuerth
Alien Tort Statute And Federal Common Law: A New Approach, Ingrid Wuerth
Notre Dame Law Review
No abstract provided.
A Pirate Looks At The Twenty-First Century: The Legal Status Of Somali Pirates In An Age Of Sovereign Seas And Human Rights, Michael Davey
A Pirate Looks At The Twenty-First Century: The Legal Status Of Somali Pirates In An Age Of Sovereign Seas And Human Rights, Michael Davey
Notre Dame Law Review
No abstract provided.
Intensional Contexts And The Rule That Statutes Should Be Interpreted As Consistent With International Law, John M. Rogers
Intensional Contexts And The Rule That Statutes Should Be Interpreted As Consistent With International Law, John M. Rogers
Notre Dame Law Review
No abstract provided.
International Law: The Testing Ground Of Theory;Note, Samuel Enoch Stumpf
International Law: The Testing Ground Of Theory;Note, Samuel Enoch Stumpf
Natural Law Forum
No abstract provided.