Law Commons^™

Transferring Away Human Rights: Using Human Rights To Address Corporate Transfer Mispricing, Monica Iyer

Northwestern Journal of Human Rights

An estimated sixty percent of international trade happens within multinational enterprises. Transfer pricing occurs when one part of a firm sets a price in order to sell to another division in another country. When these prices are deliberately set at something other than market rate in order to minimize the firm’s tax liability, this is known as transfer mispricing, or abusive transfer pricing. These practices account for an enormous portion of global illicit financial flows. This paper will consider transfer mispricing as a violation of human rights, and will look at the ways in which various human rights instruments and …

Keynes, Sen, And Hayek: Competing Approaches To International Labor Law In The Ilo And The Wto, 1994–2008, Pascal Mcdougall

Northwestern Journal of Human Rights

In discussions of recent human rights-driven developments in the International Labour Organization (ILO), as well as in other international legal debates, many scholars have suggested that human rights and “neoliberalism” intrinsically tend to converge. Such purported convergence is at once deplored by critics of “globalization” and applauded by its defenders. This article offers an empirical refutation of this convergence thesis by documenting the potential for systematic divergences between human rights, neoliberalism and a third omnipresent discourse, social legal thought (i.e. tropes associated with the welfare state and Keynesianism). I support this claim by taking as a case study three interrelated …

Workers, Dignity, And Equitable Tolling, Duane Rudolph

Northwestern Journal of Human Rights

When workers allege that mental illness prevented the timely filing of a federal employment discrimination lawsuit, courts subject them to extreme standards at the equitable tolling stage, which ends workers’ lawsuits against their employers. Such an approach to workers suffering from mental illness is indicative both of judicial misunderstanding of equitable remedies and judicial ignorance of equity’s historical engagement with those afflicted with mental illness. More importantly, subjection of workers to high threshold requirements at equity is an affront to workers’ dignity. Dignity, like equity, has a powerful moral basis that focuses on the individual. Dignity requires that workers alleging …

Raped Abroad: Extraterritorial Application Of Title Ix For American University Students Sexually Assaulted While Studying Abroad, Brittany K. Bull

Northwestern University Law Review

Female college students who study abroad are five times more likely to be raped than their counterparts who remain on their domestic campuses. Students raped or sexually assaulted on or around campuses in the United States can seek a remedy under Title IX, which provides administrative and judicial remedies. Very few federal cases have ever addressed whether Title IX applies extraterritorially to allegations of sex discrimination occurring abroad, and courts have reached different results in these cases. Moreover, no federal circuit has ever addressed the issue. This Note explores whether Title IX applies extraterritorially to students raped while studying abroad. …

The Modern Treaty-Executing Power: Constitutional Complexities In Contemporary Global Governance, Carlo Felizardo

Northwestern University Law Review

Treaties have evolved significantly since the ratification of the United States Constitution, leading to uncertainty as to the constitutional limits on their domestic execution. This Note adapts existing constitutional doctrine on treaty execution to two distinct complications arising in the contemporary treaty regime. First, voluntary treaties imposing aspirational obligations on signatories raise the issue of the extent of obligations that Congress may domestically enforce by federal statute. Second, originating treaties which create international organizations and authorize them to adopt rule- and adjudication-type post-treaty pronouncements bring up a question of when, if ever, to incorporate those pronouncements into U.S. law, and …

Without Unnecessary Delay: Using Army Regulation 190–8 To Curtail Extended Detention At Sea, Meghan Claire Hammond

Northwestern University Law Review

This Note analyzes instances of U.S. detention of suspected terrorists while at sea as an alternative to Guantánamo, and how this at-sea detention fits in the interplay of U.S. statutory law, procedural law, and applicable international law. Of particular interest is the dual use of military and civilian legal regimes to create a procedural-protection-free zone on board U.S. warships during a detainee’s transfer from their place of capture to the U.S. court system. The Note concludes that U.S. Army Regulation 190–8 contains language of which the purpose and intent may be analogized to the Federal Rules of Criminal Procedure requirements …

War By Legislation: The Constitutionality Of Congressional Regulation Of Detentions In Armed Conflicts, Christopher M. Ford

Northwestern University Law Review

In this essay, Ford considers provisions of the 2016 National Defense Authorization Act (NDAA) which place restrictions on the disposition of detainees held in Guantánamo Bay. These provisions raise substantial separation of powers issues regarding the ability of Congress to restrict detention operations of the Executive. These restrictions, and similar restrictions found in earlier NDAAs, specifically implicate the Executive's powers in foreign affairs and as Commander in Chief. Ford concludes that, with the exception of a similar provision found in the 2013 NDAA, the restrictions are constitutional.

The Transformation Of South African Private Law After Twenty Years Of Democracy, Christopher J. Roederer

Northwestern Journal of Human Rights

In The Transformation of South African Private Law after Ten Years of Democracy, 37 Colum. Hum. Rts. L. Rev. 447 (2006), I evaluated the role of private law in consolidating South Africa’s constitutional democracy. There, I traced the negative effects of apartheid from public law to private law, and then to the law of delict, South Africa’s counterpart to tort law. I demonstrated that the law of delict failed to develop under apartheid and that the values animating the law of delict under apartheid were inconsistent with the values and aspirations of South Africa’s democratic transformation. By the end of …

Development And Distrust: A Critique Of The Orthodox Path To Economic Prosperity, W. Tyler Perry

Northwestern University Law Review

The dominant strain of law and development theory holds that strong property rights are a necessary condition for economic growth. Nonetheless, China has experienced thirty years of frenetic growth absent strong property rights. This Note explores this phenomenon through an analysis of a unique corporate form that has come to underlie most of the publicly traded Chinese Internet sector—the Variable Interest Entity (VIE). The VIE is, at its core, a series of contracts designed to mimic “true” ownership. As such, the VIE problematizes law and development theory in two primary ways. First, the contract-based ownership system does not provide the …

Speech-Conditioned Funding And The First Amendment: New Standard, Old Doctrine, Little Impact, Heather Blakeman

Northwestern Journal of Human Rights

No abstract provided.

A Call For The Eu To Assume Jurisdiction Over Extraterritorial Corporate Human Rights Abuses, Jodie A. Kirshner

Northwestern Journal of Human Rights

No abstract provided.

The Legal Status Of Employees Of Private Military/Security Companies Participating In U.N. Peacekeeping Operations, Mohamad Ghazi Janaby

Northwestern Journal of Human Rights

No abstract provided.

Kiobel, Bauman, And The Presumption Against The Extraterritorial Application Of The Alien Tort Statute, Ross J. Corbett

Northwestern Journal of Human Rights

No abstract provided.

Strategic Globalization: International Law As An Extension Of Domestic Political Conflict, Jide Nzelibe

Northwestern University Law Review

No abstract provided.

Racketeering After Morrison: Extraterritorial Application Of Civil Rico, Daniel Hoppe

Northwestern University Law Review

In Morrison v. National Australia Bank Ltd., the Supreme Court set forth a framework to identify the extraterritorial reach of a federal statute. The Supreme Court required that a statute demonstrate congressional intent to apply to extraterritorial conduct. Under this framework, federal courts have found that civil RICO does not apply to extraterritorial conduct. However, the courts have been inconsistent in their analysis of RICO under Morrison. Some courts have found that RICO does not apply to extraterritorial enterprises while others have found that RICO does not apply to extraterritorial conduct. But the courts have been consistent in …

Proposal For An International Criminal Court Arrest Procedures Protocol, David Scheffer

Northwestern Journal of Human Rights

No abstract provided.

Denying Genocide Or Denying Free Speech? A Case Study Of The Application Of Rwanda’S Genocide Denial Laws, Yakaré-Oulé (Nani) Jansen

Northwestern Journal of Human Rights

No abstract provided.

“Gate Of The Sun”: Applying Human Rights Law In The Occupied Palestinian Territories In Light Of Non-Violent Resistance And Normalization, Keren Greenblatt

Northwestern Journal of Human Rights

No abstract provided.

A Constitution At A Crossroads: A Conversation With The Chief Justice Of The Constitutional Court Of South Africa, Drew F. Cohen

Northwestern Journal of Human Rights

No abstract provided.

A Call For Aggressive Media Campaign Regarding Dprk Prison Camps, Hannah Lee

Northwestern Journal of Human Rights

No abstract provided.

Linguistic Isolation: A New Human Rights Violation Constituting Torture, And Cruel, Inhuman And Degrading Treatment, Peter Jan Honigsberg

Northwestern Journal of Human Rights

No abstract provided.

Prevention Of Human Trafficking For Labor Exploitation: The Role Of Corporations, Nicola Jägers, Conny Rijken

Northwestern Journal of Human Rights

No abstract provided.

Statelessness And Mass Expulsion In Sudan: A Reassessment Of The International Law, Mike Sanderson

Northwestern Journal of Human Rights

No abstract provided.

I Got 99 Problems And They’Re All Fatca, Nirav (Jonathan) Dhanawade

Northwestern Journal of International Law & Business

Offshore personal income tax evasion accounts for approximately $50 billion in annual lost revenue for the United States. These large sums of money are squirrelled away in tax havens—jurisdictions, such as Aruba, the Cayman Islands, and Dubai, whose laws allow some U.S. citizens to evade paying their U.S. income taxes. Before the Foreign Account Tax Compliance Act (FATCA) was enacted, U.S. citizens could avoid taxes on passive income by not reporting this income to the Internal Revenue Service (IRS). To detect tax evasion, the IRS pursued U.S. citizens with undeclared assets in foreign banks. But the IRS’s quest was largely …

Mental Retardation And The Death Penalty: The Need For An International Standard Defining Mental Retardation, Allison Freedman

Northwestern Journal of Human Rights

No abstract provided.

Comparing American Disability Laws To The Convention On The Rights Of Persons With Disabilities With Respect To Postsecondary Education For Persons With Intellectual Disabilities, Kevin Walker

Northwestern Journal of Human Rights

No abstract provided.

International Cryptography Regulation And The Global Information Economy, Nathan Saper

Northwestern Journal of Technology and Intellectual Property

With the meteoric rise of the Internet and e-commerce in the 1990s came great attention to the problems and opportunities associated with cryptography. Throughout that decade, the United States and many foreign countries debated and experimented with various forms of cryptography regulation, and attempts were made at international harmonization. Since then, however, policy-making activity around cryptography has slowed, if not halted altogether, leaving individuals and companies to face a bewildering array of regulations—or, in many cases, to face regulations that are extraordinarily unclear and haphazardly applied.

This Note seeks to introduce the reader to the issue of international cryptography regulation …

A Janus Look At International Criminal Justice, Diane Marie Amann

Northwestern Journal of Human Rights

No abstract provided.

Provisional Release At The Icty: Rights Of The Accused And The Debate That Amended A Rule, Raphael Sznajder

Northwestern Journal of Human Rights

No abstract provided.

Superior Responsibility, Inferior Sentencing: Sentencing Practice At The International Criminal Tribunals, Christine Bishai

Northwestern Journal of Human Rights

No abstract provided.