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Articles 1 - 30 of 1344
Full-Text Articles in Law
International Efforts To Collect Evidence Related To Russia’S Aggression Against Ukraine, Steven Hill
International Efforts To Collect Evidence Related To Russia’S Aggression Against Ukraine, Steven Hill
Saint Louis University Law Journal
International law has been at the very center of the global response to Russia’s aggression against Ukraine since February 2022. Evidence collection has become one of the core elements of this international law response. The April 2023 keynote address on which this article is based focused on international efforts to collect evidence related to Russia’s aggression against Ukraine. Specifically, this article focuses on responses in Ukraine, the United States, the European Union, and other jurisdictions on behalf of governments, international organizations, and civil society organizations to collect evidence related to war crimes, crimes against humanity, genocide, and aggression by all …
The Demanding Idea Of Consent To International Law, Jean D'Aspremont
The Demanding Idea Of Consent To International Law, Jean D'Aspremont
Saint Louis University Law Journal
The concept of consenting to international law is no simple idea. It rests on sophisticated discursive moves. This article seeks to unpack five of the main discursive moves witnessed in literature and case-law discussing consent to international law. This article argues that these five specific discursive moves are performed, as is claimed here, by almost anyone analyzing the question of consent to international law, be such engagement on the more orthodox side or a critique from the argumentative side of the spectrum. These five discursive moves are (1) the reproduction of a very modernist understanding of authority, (2) the constitution …
Adapting A Human Rights-Based Framework To Inform Militaries’ Artificial Intelligence Decision-Making Processes, Daragh Murray
Adapting A Human Rights-Based Framework To Inform Militaries’ Artificial Intelligence Decision-Making Processes, Daragh Murray
Saint Louis University Law Journal
Key global powers are engaged in the development of artificial intelligence (“AI”) for military purposes, and it is widely accepted that the development and deployment of AI tools will lead to a revolution in military strategy and the practice of warfighting. The question is whether these tools can be designed, developed, and deployed in a manner that facilitates compliance with international legal obligations—in particular the law of armed conflict and international human rights law—and if so, how. To date, this question has not been answered satisfactorily. This article examines how concepts and procedures derived from international human rights law can …
The Use Of Force Against Terrorist Attacks: The Two Facets Of Self-Defence, Nicholas Tsagourias
The Use Of Force Against Terrorist Attacks: The Two Facets Of Self-Defence, Nicholas Tsagourias
Saint Louis University Law Journal
This article considers the legality of the use of defensive force by a state against terrorists on the territory of a third state from where terrorists launched the attack. It first considers justifications based on attribution and on the “unable and unwilling” test. It concludes that these constructions leave many legal, factual, and conceptual questions unsettled. It thus goes on to put forward a construction based on the two facets of self-defence: a primary rule and substantive right which justifies the use of force against terrorist attacks; and a circumstance precluding wrongfulness (CPW) which excuses responsibility for the incidental breach …
War Crimes As Vocabulary Shaping The Visible, Rebecca Mignot-Mahdavi
War Crimes As Vocabulary Shaping The Visible, Rebecca Mignot-Mahdavi
Saint Louis University Law Journal
The traditional exclusion of sexual violence and rape from the ambit of international humanitarian law stems from the long-established masculinist perception of war and the exacerbated invisibility of women and girls in that context. International criminal law tried to recognize this traditionally invisible suffering and pain in armed conflicts by characterizing rape and sexual violence as war crimes. This contribution explores the effect of the recognition of rape and sexual violence as war crimes on conflicts and societies as a case study to explore the use of war crimes and international criminal law—rather than International Humanitarian Law (“IHL”) norms—as a …
Foreword, Afonso Seixas-Nunes S.J.
Foreword, Afonso Seixas-Nunes S.J.
Saint Louis University Law Journal
On February 24, 2022, the Russian Federation invaded Ukraine. After more than two years, this conflict has caused an uncountable number of victims and more than six million Ukrainian refugees are spread around the world begging for protection and safe harbour. This ongoing conflict and the increasing level of force, the questionable nature of means and methods of warfare used begs the question whether international institutions in general, and International Law in particular, are still effective means “to maintain international peace and security, and to that end: to take effective measures for the prevention and removal of threats to …
Refugee Identities At The Mercy Of Legal Determination, Rosário Frada
Refugee Identities At The Mercy Of Legal Determination, Rosário Frada
Saint Louis University Law Journal
The Refugee Status Determination process bears immediate repercussions not only on the formulation of refugee narrative identities, but on how asylum-seekers construct their very sense of self alongside their relationship to their past and future. Yet, International Refugee Law provides no guidance over status determination procedures, establishing a legal void that confers disproportionate power to State discretion. In an epoch characterized by exclusionary non-entrée regimes propelled by a post-9/11 securitization logic, the myopic fixation on border control has generated a dehumanizing surveillance machinery that transformed the asylum system into a threatening opponent of refugee protection, eliminating individual subjectivity and undermining …
Embodied Ecologies And Legal Wars: The Use Of Force, Ukraine, And Feminist Perspectives On International Law, Gina Heathcote
Embodied Ecologies And Legal Wars: The Use Of Force, Ukraine, And Feminist Perspectives On International Law, Gina Heathcote
Saint Louis University Law Journal
In this article, I examine the international law on the use of force alongside a feminist analysis of the ongoing Russian aggression in Ukraine. I draw on records of mushroom foraging to evidence how everyday practices of communities are destroyed by military aggression that disrupts the embodied ecologies reproduced in intergenerational human and nonhuman encounters. The mushrooms foraged in Ukraine, the mushrooms destroyed during military encounters, and the mushrooms growing beside land mines provide an aperture for shifting both feminist and international legal accounts of armed conflict. I argue that ecologies of harm produce means to understand the gendered violence …
How Can Sovereign States Embrace Hospitality? A Study Of The Ius Gentium Tradition And Expulsions Of Immigrants At The Border, Pedro Rodríguez-Ponga
How Can Sovereign States Embrace Hospitality? A Study Of The Ius Gentium Tradition And Expulsions Of Immigrants At The Border, Pedro Rodríguez-Ponga
Saint Louis University Law Journal
Migration management reflects the inescapable dialectic between immigrants’ human rights and the rights of sovereign states to control their arrival. This article focuses on two disciplines to shed some light on the dialectic: philosophy and law. The first section presents the primary authors within the ius gentium tradition that dealt with the arrival of strangers to a political community. The lens through which this article analyses these authors’ contribution is hospitality, calling for the adequate treatment the stranger deserves while considering the host community’s moral value. The second section examines the cutting-edge issue of pushback practices at the European external …
On Teaching Crimmigration Law, Philip L. Torrey
On Teaching Crimmigration Law, Philip L. Torrey
Saint Louis University Law Journal
No abstract provided.
Is It Really A Man’S World? Using Real-Life Negotiations To Reframe The Negotiation Gender Gap, Michael Conklin, Roya Choupani, Erdoğan Doğdu
Is It Really A Man’S World? Using Real-Life Negotiations To Reframe The Negotiation Gender Gap, Michael Conklin, Roya Choupani, Erdoğan Doğdu
Saint Louis University Law Journal
Much has been written regarding the gender negotiation gap. However, the existing literature frequently involves only hypothetical negotiations where the participants do not experience the effects of the negotiation as one would in real life. This first-of-its-kind study utilizes a dataset of over 1,000 negotiations from the television show Pawn Stars to analyze the role gender plays in negotiations. Negotiation best practices analyzed in this study include the willingness to walk away from the negotiation, use of a counteroffer, use of objective language, and the implementation of cognitive anchoring by making extreme initial offers. The results shed light on traditional …
Probable Cause Reform As Bail Reform, Wendy R. Calaway
Probable Cause Reform As Bail Reform, Wendy R. Calaway
Saint Louis University Law Journal
No abstract provided.
Anti-Carceral Theory And Immigration: A View From Two Law School Clinics, Sabrina Balgamwalla, Lauren E. Bartlett
Anti-Carceral Theory And Immigration: A View From Two Law School Clinics, Sabrina Balgamwalla, Lauren E. Bartlett
Saint Louis University Law Journal
No abstract provided.
Decolonizing Colorblind Asylum Narratives, Karla Mari Mckanders
Decolonizing Colorblind Asylum Narratives, Karla Mari Mckanders
Saint Louis University Law Journal
No abstract provided.
The Ethics Of Assisting Incarcerated People With Collective Action, Daniel J. Canon
The Ethics Of Assisting Incarcerated People With Collective Action, Daniel J. Canon
Saint Louis University Law Journal
No abstract provided.
Corporate Law, Business Schools, And White-Collar Crime, Eugene Mccarthy
Corporate Law, Business Schools, And White-Collar Crime, Eugene Mccarthy
Saint Louis University Law Journal
No abstract provided.
Preventing Gamesmanship: Bipa Class Action Litigation In The State And Federal Forums, Mary Fletcher
Preventing Gamesmanship: Bipa Class Action Litigation In The State And Federal Forums, Mary Fletcher
Saint Louis University Law Journal
No abstract provided.
The Constitutionality Of Daca: Balancing The Rights Of Undocumented Individuals And Constitutional Considerations, Olivia Dixon
The Constitutionality Of Daca: Balancing The Rights Of Undocumented Individuals And Constitutional Considerations, Olivia Dixon
Saint Louis University Law Journal
No abstract provided.
How Do You Teach Immoral Laws?, Nicole Hallett
How Do You Teach Immoral Laws?, Nicole Hallett
Saint Louis University Law Journal
No abstract provided.
The Marketplace Of Ideas Is In Chaos. Chaos Theory Would Like A Word, Jared Schroeder
The Marketplace Of Ideas Is In Chaos. Chaos Theory Would Like A Word, Jared Schroeder
Saint Louis University Law Journal
The marketplace of ideas is the Supreme Court’s dominant tool for rationalizing expansive First Amendment safeguards. The model, however, is fundamentally flawed. Enlightenment-based assumptions about truth and human rationality that justices installed into the theory’s foundations have been criticized by scholars and, in the era of powerful algorithms and generative AI, are becoming even more suspect. The space is in a state of chaos. Perhaps chaos theory can help. The theory provides a lens through which to revise marketplace theory and therefore re-examine First Amendment free-expression rationales. Chaos theory identifies that Enlightenment-era positivistic, reductionist thinking fails to account for variables …
The Insider: Laura Coates’S Just Pursuit And Critiquing Prosecution From Within, Dana Mulhauser
The Insider: Laura Coates’S Just Pursuit And Critiquing Prosecution From Within, Dana Mulhauser
Saint Louis University Law Journal
No abstract provided.
Compulsion, Indoctrination, And Retribution In State Pledge Of Allegiance Statutes, Allan Walker Vestal
Compulsion, Indoctrination, And Retribution In State Pledge Of Allegiance Statutes, Allan Walker Vestal
Saint Louis University Law Journal
No abstract provided.
Yes, We Klan: Reviving The Ku Klux Klan Act To Punish Insurrectionists, Chandni Challa
Yes, We Klan: Reviving The Ku Klux Klan Act To Punish Insurrectionists, Chandni Challa
Saint Louis University Law Journal
No abstract provided.