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Articles 1 - 30 of 10669
Full-Text Articles in Law
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Biometric Identification In India Versus The Right To Privacy: Core Constitutional Features, Defining Citizens’ Interests, And The Implications Of Biometric Identification In The United States, Madison Julia Levine
Biometric Identification In India Versus The Right To Privacy: Core Constitutional Features, Defining Citizens’ Interests, And The Implications Of Biometric Identification In The United States, Madison Julia Levine
University of Miami Law Review
In 2009, the Indian government introduced a widespread biometric identification system called Aadhaar—a national scheme that issues Indian citizens and residents a unique identification number while collecting and storing their most personal biometric and demographic information. As the Aadhaar system was implemented and promoted in India, widespread concerns grew regarding the storage and protection of such private information. How can Indian citizens enforce and protect their privacy rights? In 2017, the Indian Supreme Court attempted to address this issue by holding that an individual’s right to privacy is an inherent part of the right to life and personal ...
Letter From The Editor, Lara Thiele
Letter From The Editor, Lara Thiele
Notre Dame Journal of International & Comparative Law
No abstract provided.
The Right-To-Work For Rohingya In Thailand, Lara Thiele
The Right-To-Work For Rohingya In Thailand, Lara Thiele
Notre Dame Journal of International & Comparative Law
The world finds itself currently in the biggest refugee crisis in history. Many individuals have to leave their home country and escape to a new home, hoping to remain there and begin a productive and dignified life. The stateless Rohingya are a group that has been part of this migratory movement due to the group’s maltreatment in Myanmar. Many Rohingya have gone to Thailand, where they have remained for over twenty years, without the permission to work or remain in the country lawfully. In fact, the current Thai laws neglect to allow for the Rohingya to remain lawfully in ...
Remedies For Victims Of Human Trafficking Under The Palermo Protocol And United Nations Basic Principles: A Case Study Analysis, Josephine A. Suchecki
Remedies For Victims Of Human Trafficking Under The Palermo Protocol And United Nations Basic Principles: A Case Study Analysis, Josephine A. Suchecki
Notre Dame Journal of International & Comparative Law
Human trafficking is a phenomenon that is happening right under our noses, yet does not receive the recognition nor publicity necessary to combat this human rights crisis. The Palermo Protocol and the United Nations Basic Principles have been implemented on an international level to solve these issues, but with varied success. The Palermo Protocol was created to apply to the prevention, investigation, and prosecution of the offenses established in article 5 of the Protocol. The Basic Principles from A/HRC/26/18 highlight the fact that effective remedies are not often accessible to victims of trafficking, as there are gaps ...
A Catholic Response To Global Climate Change Migration, Michael S. Talbot
A Catholic Response To Global Climate Change Migration, Michael S. Talbot
Notre Dame Journal of International & Comparative Law
This Article examines Catholic Social Teaching’s approach to the challenges of human migration and environmental refugees. By juxtaposing the inadequacies of current international frameworks for protecting environmental migrants with previous sources of Catholic Social Teaching, this Article speculates on the possible moral argument to be made by the Church in support of efforts to fill a gap in the international legal framework around climate change induced migration. Ultimately, the Paper speculates that such an argument would include three components: (1) a broadening of the definition of refugee, (2) a recognition of our interconnected and interdependent lives, and (3) the ...
Right To A Healthy Prison Environment: Health Care In Custody Under The Prism Of Torture, Juan E. Méndez
Right To A Healthy Prison Environment: Health Care In Custody Under The Prism Of Torture, Juan E. Méndez
Notre Dame Journal of International & Comparative Law
Deprivation of adequate health care — including preventive and remedial therapies — violates State obligations under domestic and international law. Because it deprived inmates of a fundamental right it is appropriate to analyze the scope of that obligation under norms of international law that are binding as treaty law or as customary international law. Recent developments in international standards illuminate the scope of the State’s obligations to provide health care to persons deprived of liberty. Salient among those recent developments in the normative framework is the most recent version of the UN Standard Minimum Rules for the Treatment of Prisoners, amended ...
Masthead Volume 9
Notre Dame Journal of International & Comparative Law
No abstract provided.
The Employee Right To Disconnect, Paul M. Secunda
The Employee Right To Disconnect, Paul M. Secunda
Notre Dame Journal of International & Comparative Law
U.S. workers are increasingly finding it difficult to escape from work. Through their smartphones, e-mail, and social media, work tethers them to their workstations well after the work day has ended. Whether at home or in transit, employers are asking or requiring employees to complete assignments, tasks, and projects outside of working hours. This practice has a profound detrimental impact on employee privacy and autonomy, safety and health, productivity and compensation, and rest and leisure. France and Germany have responded to this emerging workplace issue by taking different legal approaches to providing their employees a right to disconnect from ...
18 U.S.C. § 3553(A)’S Undervalued Sentencing Command: Providing A Federal Criminal Defendant With Rehabilitation, Training, And Treatment In “The Most Effective Manner”, Erica Zunkel
Notre Dame Journal of International & Comparative Law
The vast majority of federal criminal defendants are sentenced to prison, and non-incarceration sentences have become vanishingly small. During the sentencing process, federal district court judges are required to consider what sentence will provide the defendant with necessary rehabilitation and treatment in the most effective manner pursuant to 18 U.S.C. § 3553(a)(2)(d). Courts regularly undervalue, ignore, or even violate this statutory command. Some courts seem to believe that the Bureau of Prisons can provide adequate rehabilitation and treatment and do not explain how this squares with what the statute requires. Other courts barely engage with the ...
Marine Renewable Energy Law And Policy In The Bay Of Fundy: The Impact Of Ambiguous Domestic Boundaries In Canada On Nova Scotia's Regulatory Framework, Esteban Salcedo
Marine Renewable Energy Law And Policy In The Bay Of Fundy: The Impact Of Ambiguous Domestic Boundaries In Canada On Nova Scotia's Regulatory Framework, Esteban Salcedo
Ocean and Coastal Law Journal
Using a legal history methodology, this paper examines existing marine renewable energy law and policy in Nova Scotia with a focus on its application in the Bay of Fundy. This paper critically assesses the current approach to coastal management in light of recent recommendations summarized in the Fournier report. This paper argues that, despite clear calls to develop integrated ocean management and marine spatial planning in policies and regulations, Canada and Nova Scotia have failed to do so because of unclear federal-provincial boundaries. Ambiguous domestic borders in the Bay of Fundy have been at the source of an overly cautious ...
The Question Of The Constitutionality Of Non-Economic Damage Caps In Personal Injury Cases In Canada, Rachael Kratz
The Question Of The Constitutionality Of Non-Economic Damage Caps In Personal Injury Cases In Canada, Rachael Kratz
University of Miami Inter-American Law Review
No abstract provided.
Nafta/Usmca Dispute Settlement Mechanisms And The Constitution, John S. Baker Jr., Phd, Lindsey Keiser
Nafta/Usmca Dispute Settlement Mechanisms And The Constitution, John S. Baker Jr., Phd, Lindsey Keiser
University of Miami Inter-American Law Review
No abstract provided.
Prefatory Matter And Table Of Contents
Prefatory Matter And Table Of Contents
University of Miami Inter-American Law Review
No abstract provided.
Will Corruption In Argentina Prevent The Protection Of Personal Tax Information It Exchanges Under Its Fatca And Crs Commitments?, Jihan Jude
University of Miami Inter-American Law Review
No abstract provided.
Canada’S Summary Trial Procedure: A Viable Alternative To Summary Judgment On Trademark Likelihood Of Confusion Actions In The United States, Elaine Kussurelis
Canada’S Summary Trial Procedure: A Viable Alternative To Summary Judgment On Trademark Likelihood Of Confusion Actions In The United States, Elaine Kussurelis
University of Miami Inter-American Law Review
No abstract provided.
The Power Of Ranking: The Ease Of Doing Business Indicator And Global Regulatory Behavior, Rush Doshi, Judith G. Kelley, Beth A. Simmons
The Power Of Ranking: The Ease Of Doing Business Indicator And Global Regulatory Behavior, Rush Doshi, Judith G. Kelley, Beth A. Simmons
Faculty Scholarship at Penn Law
The proliferation of Global Performance Indicators (GPIs), especially those that rate and rank states against one another, shapes decisions of states, investors, bureaucrats, and voters. This power has not been lost on the World Bank, which has marshaled the Ease of Doing Business (EDB) index to amass surprising influence over global regulatory policies – a domain over which it has no explicit mandate and for which there is ideological contestation. This paper demonstrates how the World Bank’s EDB ranking system affects policy through bureaucratic, transnational, and domestic-political channels. We use observational and experimental data to show that states respond to ...
Whose Land Is It Anyway? Navigating Ghana's Complex Land System, Aimee Kline, Élan Moore, Elizabeth Ramey, Kevin Hernandez, Lauren Ehrhardt, Megan Reed, Morgan Parker, Samantha Henson, Taylor Winn, Taylor Wood
Whose Land Is It Anyway? Navigating Ghana's Complex Land System, Aimee Kline, Élan Moore, Elizabeth Ramey, Kevin Hernandez, Lauren Ehrhardt, Megan Reed, Morgan Parker, Samantha Henson, Taylor Winn, Taylor Wood
Texas A&M Law Review
This Article dives into Ghana’s complex land-registration system, which is influenced by both statutory and customary law. Section II discusses Ghana’s statutory land laws. Section III provides a brief overview of Ghana’s customary land laws. Section IV discusses several obstacles within Ghana’s land-administration system.
Adopting And Adjusting To The Development Of The Investor-State Dispute Settlement Mechanism In China’S Recent Bilateral Investment Treaty Negotiations With The European Union, Runyang Liu
Hastings International and Comparative Law Review
The Investor-State Dispute Settlement (ISDS) mechanism has been widely used in international treaty-making and invoked many times in crossborder dispute resolution. ISDS is a system where a foreign investor can bring claims against a host state for its discriminatory acts upon the investor. As China pursues a new level of outbound investment in the last decade, the ISDS mechanism will apply particularly in the context of investment disputes involving Chinese investors and foreign countries. This note will examine the evolution of ISDS clauses in China’s Bilateral Investment Treaties (BITs), especially with the European Union (EU), as well as these ...
Planetary Defense: Near-Earth Objects, Nuclear Weapons, And International Law, James A. Green
Planetary Defense: Near-Earth Objects, Nuclear Weapons, And International Law, James A. Green
Hastings International and Comparative Law Review
The risk of a large Near-Earth Object (NEO), such as an asteroid, colliding with the Earth is low, but the consequences of that risk manifesting could be catastrophic. Recent years have witnessed an unprecedented increase in global political will in relation to NEO preparedness, following the meteoroid impact in Chelyabinsk, Russia in 2013. There also has been an increased focus amongst states on the possibility of using nuclear detonation, in particular, as a means of diverting or destroying a collision-course NEO, something that a majority of scientific opinion now appears to view as representing humanity’s best—or perhaps only ...
International Law And The Struggle Against Government Impunity In Africa, John Mukum Mbaku
International Law And The Struggle Against Government Impunity In Africa, John Mukum Mbaku
Hastings International and Comparative Law Review
In recent years, impunity has become pervasive throughout most African countries. In some African countries, impunity is due to the inability of national governments to bring perpetrators of human rights violations to account for their crimes. In others, impunity arises from the unwillingness of government to utilize the existing legal system to bring criminals, whether they are state- or non-state actors, to justice. Effectively combatting impunity in Africa must begin with the reconstruction of African States to provide democratic institutions, which are capable of adequately constraining the government and preventing civil servants and political elites from acting with impunity; and ...
New Punitive Damages In Mexican Law – Or The Chronicle Of A Failed Legal Transplant Foretold?, Edgardo Muñoz, Rodolfo Vázquez-Cabello
New Punitive Damages In Mexican Law – Or The Chronicle Of A Failed Legal Transplant Foretold?, Edgardo Muñoz, Rodolfo Vázquez-Cabello
Hastings International and Comparative Law Review
In February 2014, the Supreme Court of Mexico, referring to some American cases and scholarly articles, held that punitive damages must be awarded to a tort plaintiff as part of the indemnity afforded by Mexican law under the head of moral damages (daños morales). Before this landmark decision, punitive damages were unknown to the Mexican legal system. The authors submit that the legal transplant carried out in Mexico has a few problems, which concern both the incorrect understanding of the adopted rule and the incompatibility of the host legal system. As a consequence, punitive damages, as they stand now in ...
China-Taiwan Relations Re-Examined: The "1992 Consensus" And Cross-Strait Agreements, Yu-Jie Chen, Jerome A. Cohen
China-Taiwan Relations Re-Examined: The "1992 Consensus" And Cross-Strait Agreements, Yu-Jie Chen, Jerome A. Cohen
University of Pennsylvania Asian Law Review
No abstract provided.
Designing R&D Incentives In Hong Kong, Noam Noked
Designing R&D Incentives In Hong Kong, Noam Noked
University of Pennsylvania Asian Law Review
No abstract provided.
The Court And The Legalisation Of Same-Sex Marriage: A Critical Analysis Of The Judicial Yuan Interpretation No. 748 [2017], David Kc Huang
The Court And The Legalisation Of Same-Sex Marriage: A Critical Analysis Of The Judicial Yuan Interpretation No. 748 [2017], David Kc Huang
University of Pennsylvania Asian Law Review
No abstract provided.
Insider Trading Framework In United States And Egyptian Stock Markets, Elsayed Eldaydamony
Insider Trading Framework In United States And Egyptian Stock Markets, Elsayed Eldaydamony
Theses and Dissertations
This thesis examines the law of insider trading in both the American and Egyptian legal systems. It seeks to pinpoint the policy rationale behind prohibiting insider trading, the theories of civil enforcement and criminalization, and the concept of tipping in the United States. It also analyzes the express statutory prohibition under Egyptian law. Furthermore, it explains the doctrinal link between securities fraud and insider trading in the U.S. as well as the enforcement mechanisms in place at the SEC, the NYSE, and the NASDAQ. It also surveys the surveillance authority of the Egyptian Financial Regularity Authority and of the ...
Post-Crisis Economic And Social Policy: Some Thoughts On Structural Reforms 2.0., Philomila Tsoukala
Post-Crisis Economic And Social Policy: Some Thoughts On Structural Reforms 2.0., Philomila Tsoukala
Georgetown Law Faculty Publications and Other Works
Managing the euro crisis has been a process of institutional transformation for the EU. The European Semester has emerged as a powerful tool for economic policy coordination between the Member States. Beyond the new enforcement tools that the Semester affords the Commission and Council in case of non-compliance with country-specific recommendations, the management of the crisis has given the Commission experience in structural reforms. The Commission now regularly uses this experience in formulating its yearly country-specific recommendations to Member States. Far from a stalwart of untethered neoliberalism, the Commission has been fashioning itself as the manager with a human face ...
The Most Fundamental Right, Nicholas A. Robinson
The Most Fundamental Right, Nicholas A. Robinson
Pace Law Faculty Publications
The Magna Carta and successors recognize a right to the environment as central to human existence. Along with associated rule of law and due process, 193 national charters recognize such a right — but not the U.S. Constitution. This right does lie latent in America’s state constitutions, however, and can also be read into the federal document as well. Meanwhile, recognition of environmental rights is expanding globally.