Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 13 of 13
Full-Text Articles in Law
The Necessity Of Human Rights Legal Protections In Mutual Legal Assistance Treaty Reform, Christine Galvagna
The Necessity Of Human Rights Legal Protections In Mutual Legal Assistance Treaty Reform, Christine Galvagna
Notre Dame Journal of International & Comparative Law
Mutual legal assistance treaty (MLAT) reform is a transnational legal movement aimed at facilitating more rapid law enforcement access to cross-border data, while also preventing violations of state sovereignty through the exercise of extraterritorial jurisdiction over data. Efforts primarily focus on the United States (U.S.) mutual legal assistance (MLA) process, as it is exceedingly slow and convoluted, but also unavoidable, given that most major tech companies have their bases in the U.S. Recently proposed or enacted legal instruments include the U.S. CLOUD Act, the European Union’s (EU) e-Evidence proposal, Council of Europe’s forthcoming Additional Protocol to the Convention on Cybercrime, …
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 expectation …
The Blessing Of Talent And The Curse Of Poverty: Rectifying Copyright Law's Implementation Of Authors' Material Interests In International Human Rights Law, Saleh Al-Sharieh
The Blessing Of Talent And The Curse Of Poverty: Rectifying Copyright Law's Implementation Of Authors' Material Interests In International Human Rights Law, Saleh Al-Sharieh
Notre Dame Journal of International & Comparative Law
The International Covenant on Economic, Social and Cultural Rights (ICESCR) grants authors the right to the protection of the material interests resulting from their intellectual works. The Committee on Economic, Social and Cultural Rights interpreted these interests to comprise the ability to achieve an adequate standard of living (as a minimum). This paper argues that copyright law provides a useful yet incomplete model for the protection of authors’ material interests. Copyright creates the legal environment necessary for establishing a market for intellectual works but does not guarantee its benefits to authors. Therefore, States Parties to the ICESCR should …
The Consequences Today Of The United States' Brutal Post-9/11 Interrogation Techniques, Peter Jan Honigsberg
The Consequences Today Of The United States' Brutal Post-9/11 Interrogation Techniques, Peter Jan Honigsberg
Notre Dame Journal of Law, Ethics & Public Policy
Penetrating the minds and souls of alleged terrorists while still upholding the constitution, federal law, and the human rights obligation to treat the suspects with dignity and without torture or cruel, inhuman, and degrading treatment was not the immediate objective for high-ranking American officials and military interrogators in the early years following the attacks on the World Trade Center in New York and the Pentagon in Washington, D.C. on September 11, 2001. Although the United States was a party to the Geneva Conventions (GC), the International Covenant on Civil and Political Rights (ICCPR), and the Convention Against Torture (CAT)—all three …
Dynamic Regulatory Constitutionalism: Taking Legislation Seriously In The Judicial Enforcement Of Economic And Social Rights, Richard Stacey
Dynamic Regulatory Constitutionalism: Taking Legislation Seriously In The Judicial Enforcement Of Economic And Social Rights, Richard Stacey
Notre Dame Journal of Law, Ethics & Public Policy
The international human rights revolution in the decades after the Second World War recognized economic and social rights alongside civil and political rights. The Universal Declaration of Human Rights in 1949, the International Covenant on Economic, Social, and Cultural Rights in 1966, regional treaties, and subject-specific treaties variously describe rights to food, shelter, health, and education, and set out state obligations for the treatment of children. When they first appeared, these international, economic, and social rights instruments raised questions about whether economic and social rights are justiciable in domestic legal contexts and whether they can be meaningfully enforced by courts …
Our Men In Guadalajara And The Abduction Of Suspects Abroad: A Comment On United States V. Alvarez-Machain, John Quigley
Our Men In Guadalajara And The Abduction Of Suspects Abroad: A Comment On United States V. Alvarez-Machain, John Quigley
Notre Dame Law Review
No abstract provided.
Proposal For Regulating Hate Speech In The United States: Balancing Rights Under The International Covenant On Civil And Political Rights, Scott J. Catlin
Proposal For Regulating Hate Speech In The United States: Balancing Rights Under The International Covenant On Civil And Political Rights, Scott J. Catlin
Notre Dame Law Review
No abstract provided.
Church, State, And International Human Rights: A Theological Appraisal, David M. Smolin
Church, State, And International Human Rights: A Theological Appraisal, David M. Smolin
Notre Dame Law Review
No abstract provided.
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.
New Bully On The Class Action Block -- Analysis Of Restrictions On Securities Class Actions Imposed By The Private Securities Litigation Reform Act Of 1995, Eugene Zelensky
Notre Dame Law Review
No abstract provided.
Knowing The Universal Declaration Of Human Rights, Mary Ann Glendon
Knowing The Universal Declaration Of Human Rights, Mary Ann Glendon
Notre Dame Law Review
No abstract provided.
Constitutionalism Of Mary Ann Glendon, Donald P. Kommers, Jonathan J. Van Handel
Constitutionalism Of Mary Ann Glendon, Donald P. Kommers, Jonathan J. Van Handel
Notre Dame Law Review
No abstract provided.
Multi-Dimensional Concept Of Human Rights In International Law, Sompong Sucharitkul
Multi-Dimensional Concept Of Human Rights In International Law, Sompong Sucharitkul
Notre Dame Law Review
No abstract provided.