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Articles 1 - 8 of 8
Full-Text Articles in Law
Do Desperate Times Really Call For Desperate Measures? The Ethical Dilemma Behind The Regulation And Use Of Experimental Drugs, Lauren Kuehn
Do Desperate Times Really Call For Desperate Measures? The Ethical Dilemma Behind The Regulation And Use Of Experimental Drugs, Lauren Kuehn
Notre Dame Journal of International & Comparative Law
This Note will argue that, unlike what many patients believe, the U.S. Food and Drug Administration (FDA) plays an invaluable and imperative role in seeking the efficacy and safety of new treatment options and drugs. The balance of interests between those who are terminally ill, who wish to see increased access to unapproved medicines; the general public, who has an interest in preserving the drug approval process; and the FDA, who has been mandated by law to safeguard the safety of the general public, creates a tension that will continue to go unresolved. Thus, the patients who continue to advocate …
Indirect Sovereignty Through Property Rights, Andreas Rahmatian
Indirect Sovereignty Through Property Rights, Andreas Rahmatian
Notre Dame Journal of International & Comparative Law
The careful distinction between property and sovereignty is a central part of legal thought from the early modern period onwards. But the reality shows that this division is socioeconomically not that clear. Property rights are rights against persons in relation to things, but effectively they can be rights over people in relation to resources and space—notional, conceptual, or real. Examples of this general trend are the international financial system and international intellectual property protection. If one looks at international commercial and banking law and the corresponding regulations, one realizes that the classical understanding of sovereignty in political philosophy and in …
“Safe Harbor” On The Rocks: Ttb Label Approval For Beer, Wine, And Spirits, And The Uncertain Status Of The “Safe Harbor” Defense, Michael Mercurio
“Safe Harbor” On The Rocks: Ttb Label Approval For Beer, Wine, And Spirits, And The Uncertain Status Of The “Safe Harbor” Defense, Michael Mercurio
Notre Dame Journal of International & Comparative Law
This Note examines the U.S. Alcohol and Tobacco Tax and Trade Bureau (TTB)’s label review process and the judicial split regarding the “safe harbor” doctrine in the context of alcoholic beverage labels. This Note observes that the judicial split is a result of the tension between two conflicting priorities stemming from the TTB’s purpose and identity: on one hand, courts apply Chevron deference to the TTB as a federal agency enforcing federal law, but on the other hand, courts aim to uphold the central purpose of the Federal Alcohol Administration (FAA) Act—protecting consumers from misinformation. Ultimately, this Note, by examining …
The Legality And Conduct Of Drone Attacks, Waseem Ahmad Qureshi
The Legality And Conduct Of Drone Attacks, Waseem Ahmad Qureshi
Notre Dame Journal of International & Comparative Law
Amid contentions of legality and conduct of drone attacks, this paper explores the legitimacy of drone strikes in Pakistan and whether or not they constitute the “use of force” and an “act of war” under international law. This paper will define jus ad bellum—that is, whether it is justified to use force against non-state actors while also taking into consideration the consent of host states under the laws and regulations of the “use of force” and “self-defense” in the United Nations Charter and customary international law—in the context of armed conflict to discuss the legality of drone strikes. Likewise, this …
Cracking The Toughest Nut: Colombia's Endeavour With Amnesty For Political Crimes Under Additional Protocol Ii To The Geneva Conventions, Marie-Claude Jean-Baptiste
Cracking The Toughest Nut: Colombia's Endeavour With Amnesty For Political Crimes Under Additional Protocol Ii To The Geneva Conventions, Marie-Claude Jean-Baptiste
Notre Dame Journal of International & Comparative Law
After years of negotiations, the Colombian government and the Revolutionary Armed Forces of Colombia have reached an unprecedented peace agreement. The agreement, rooted in transitional justice, contains a strong and nuanced focus on political amnesty for rebel forces. The scope and nature of the agreement has garnered international attention and praise. Of particular interest is whether the amnesty provision under the peace agreement is compatible with international law. This legal brief tracks the contours of existing international law on amnesty for political crimes—specifically under Additional Protocol II to the Geneva Conventions—to analyze this compatibility. The conclusion is that all relevant …
Interview With Christoph Möllers: On The Possibilities And Afacticity Of Norms, Christoph Moellers
Interview With Christoph Möllers: On The Possibilities And Afacticity Of Norms, Christoph Moellers
Notre Dame Journal of International & Comparative Law
Christoph Möllers, Professor of Public Law and Jurisprudence at the Humboldt Universität zu Berlin, discussed his recent book, The Possibility of Norms, and related concepts of jurisprudence on June 16, 2016 with Alex Holznienkemper, Ph.D. of Baylor University. The following is an edited transcript of their interview as translated by Dr. Holznienkemper.
Daily Fantasy Sports Go “All In”: The Demise Of American Morals?, James Schwabe
Daily Fantasy Sports Go “All In”: The Demise Of American Morals?, James Schwabe
Notre Dame Journal of International & Comparative Law
The future of Daily Fantasy Sports throughout the United States remains uncertain. Although there have been numerous attempts to double down on the spread of gambling, the growing attraction to gamble has not been suppressed. With the recent proposed legislation and litigation over the legality of Daily Fantasy Sports, a new debate has emerged that implicates America’s desire to protect its “public morals.” Part I of this Note will discuss the intricacies of Daily Fantasy Sports and the allegations against FanDuel and DraftKings as of February 2016. Part II will analyze the current legal framework surrounding global internet gambling and …
No More Starving Artists: Why The Art Market Needs A Universal Artist Resale Royalty Right, Allison Schten
No More Starving Artists: Why The Art Market Needs A Universal Artist Resale Royalty Right, Allison Schten
Notre Dame Journal of International & Comparative Law
Artists often struggle to make a living because they see profits only from the first sales of their work. Unlike other creative arts, where the creator can earn a living via sales of books or music, an artist’s product is valuable for its singularity. Droit de suite, or the artist resale royalty right, allows artists to recover a percentage of profits from resales of their work. Implementing resale royalty schemes has been a subject of controversy worldwide due to fears that the art market will relocate to areas without such additional transaction costs—but broad-scale, international implementation of droit de …