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Taking "Great Care": Defining Victims Of Hate Speech Targeting Religious Minorities, Whittney Barth Aug 2018

Taking "Great Care": Defining Victims Of Hate Speech Targeting Religious Minorities, Whittney Barth

Chicago Journal of International Law

This Comment explores the intersection of race and religion in cases brought before the Human Rights Committee alleging violations of Article 20(2) of the International Covenant on Civil and Political Rights. This article proposes a positive requirement for states parties to prohibit hate speech. Specifically, the following analysis considers Committee determinations of standing in cases brought by Muslims living in Europe who sought to challenge a state party's response to discriminatory remarks made by public figures. This Comment argues that these determinations, which appear to implicitly endorse a lower threshold for group standing when both race and religion ...


"Virtual" Disenfranchisement: Cyber Election Meddling In The Grey Zones Of International Law, Michael N. Schmitt Aug 2018

"Virtual" Disenfranchisement: Cyber Election Meddling In The Grey Zones Of International Law, Michael N. Schmitt

Chicago Journal of International Law

This Article examines remotely conducted election meddling by cyber means in the context of international law and asks whether such cyber operations qualify as "internationally wrongful acts." An internationally wrongful act requires both a breach of a legal obligation owed by one State to another under international law and attribution of the act to the former. The Article considers three possible breaches related to such meddling - violation of the requirement to respect sovereignty, intervention into the internal affairs of another State, and, when the cyber operations are not attributable to the State from which they were launched, breach of the ...


The Living Anti-Injunction Act, Daniel Hemel Mar 2018

The Living Anti-Injunction Act, Daniel Hemel

Journal Articles

No abstract provided.


The Coming Demise Of Liberal Constitutionalism?, Aziz Huq, Tom Ginsburg, Mila Versteeg Mar 2018

The Coming Demise Of Liberal Constitutionalism?, Aziz Huq, Tom Ginsburg, Mila Versteeg

Journal Articles

No abstract provided.


Courts’ Limited Ability To Protect Constitutional Rights, Adam S. Chilton, Mila Versteeg Mar 2018

Courts’ Limited Ability To Protect Constitutional Rights, Adam S. Chilton, Mila Versteeg

Journal Articles

No abstract provided.


Accountability Claims In Constitutional Law, Nicholas Stephanopoulos Mar 2018

Accountability Claims In Constitutional Law, Nicholas Stephanopoulos

Journal Articles

No abstract provided.


Judicial Mistakes In Discovery, Diego Zambrano Feb 2018

Judicial Mistakes In Discovery, Diego Zambrano

Journal Articles

No abstract provided.


Is Qualified Immunity Unlawful?, William Baude Feb 2018

Is Qualified Immunity Unlawful?, William Baude

Journal Articles

No abstract provided.


Partisan Balance With Bite, Daniel Hemel, Brian D. Feinstein Jan 2018

Partisan Balance With Bite, Daniel Hemel, Brian D. Feinstein

Journal Articles

No abstract provided.


Semi-Confidential Settlements In Civil, Criminal, And Sexual Assault Cases, Saul Levmore, Frank Fagan Jan 2018

Semi-Confidential Settlements In Civil, Criminal, And Sexual Assault Cases, Saul Levmore, Frank Fagan

Journal Articles

No abstract provided.


Institutional Loyalties In Constitutional Law, Aziz Huq, David Fontana Jan 2018

Institutional Loyalties In Constitutional Law, Aziz Huq, David Fontana

Journal Articles

No abstract provided.


Stock Market Reactions To India's 2016 Demonetization: Implications For Tax Evasion, Corruption, And Financial Constraints, Dhammika Dharmapala, Vikramaditya S. Khanna Jan 2018

Stock Market Reactions To India's 2016 Demonetization: Implications For Tax Evasion, Corruption, And Financial Constraints, Dhammika Dharmapala, Vikramaditya S. Khanna

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.


Decisionmaking On Multimember Courts: The Assignment Power In The Circuits, Daniel Hemel, Kyle Rozema Jan 2018

Decisionmaking On Multimember Courts: The Assignment Power In The Circuits, Daniel Hemel, Kyle Rozema

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.


Economic Analysis In Labor Regulation, Hiba Hafiz Jan 2018

Economic Analysis In Labor Regulation, Hiba Hafiz

Journal Articles

No abstract provided.


The States' Interest In Federal Procedure, Diego Zambrano Jan 2018

The States' Interest In Federal Procedure, Diego Zambrano

Journal Articles

No abstract provided.


Picketing In The New Economy, Hiba Hafiz Jan 2018

Picketing In The New Economy, Hiba Hafiz

Journal Articles

No abstract provided.


Judicial Deference Allows European Consensus To Emerge, Shai Dothan Jan 2018

Judicial Deference Allows European Consensus To Emerge, Shai Dothan

Chicago Journal of International Law

The European Court of Human Rights (ECHR) searches for human rights policies that are adopted by the majority of the countries in Europe. Using a doctrine known as “emerging consensus,” the court then imposes these policies as an international legal obligation on all the countries under its jurisdiction. But the ECHR sometimes defers to countries, even if their policies fall short of the standard accepted by most of the countries in Europe. This deference is accomplished by using the so-called “margin of appreciation” doctrine. Naturally, emerging consensus and margin of appreciation are often conceived as competing doctrines: the more there ...


The United Nations Security Council’S Implementation Of The Responsibility To Protect: A Review Of Past Interventions And Recommendations For Improvement, Jared Genser Jan 2018

The United Nations Security Council’S Implementation Of The Responsibility To Protect: A Review Of Past Interventions And Recommendations For Improvement, Jared Genser

Chicago Journal of International Law

When it was codified and adopted by the United Nations (U.N.) system in 2005, the doctrine of the Responsibility to Protect (R2P) was meant to provide an implementation mechanism for the international community to respond to governments that were perpetrating mass atrocity crimes of genocide, war crimes, ethnic cleansing, and crimes against humanity against their own people. As R2P is now in its second decade of existence as a codified norm, it is important to comprehensively evaluate past implementation of R2P by the United Nations Security Council—the U.N. body charged with taking collective action when all other ...


The Rise Of Risk In International Law, Stephen Townley Jan 2018

The Rise Of Risk In International Law, Stephen Townley

Chicago Journal of International Law

Risk analysis—a coping mechanism for the uncertainties we see everywhere around us—is on the rise, including at the international level. It now informs, for instance, the work of the Security Council and human rights law and practice. While the story of how risk analysis has inflected international environmental law is frequently told, there has been little attention paid to the way in which risk is increasingly relevant to other areas of international law, including through “due diligence” standards. This Article fills this gap, describing risk’s propagation across different international legal fields. It also offers a taxonomy of ...


International Contractualism Revisited: Non-Pecuniary Remedies Under The Fair And Equitable Treatment Standard, Patrick J. Rodriguez Jan 2018

International Contractualism Revisited: Non-Pecuniary Remedies Under The Fair And Equitable Treatment Standard, Patrick J. Rodriguez

Chicago Journal of International Law

For years, the international investment regulatory regime has puzzled onlookers with its complexity. Because the system is defined by its vast network of bilateral investment treaties (BITs), the rights and obligations of foreign investors differ greatly from those of all other participants in international trade. At the heart of this confusion is the fair and equitable treatment (FET) standard. While in theory the FET standard purports to promote global economic growth through the broad protection of foreign direct investment (FDI) in developing nations, the standard’s inherent vagueness leaves arbitration tribunals with little guidance to resolve investor-state conflicts. At the ...


Enforcing A Prohibition On International Espionage, Jared Beim Jan 2018

Enforcing A Prohibition On International Espionage, Jared Beim

Chicago Journal of International Law

Peacetime espionage is an incredibly important and common occurrence in modern international relations, yet its legal status is far from clear. This Comment explores the practice’s legal background, as well as the arguments for and against its legality. While there can be many benefits to peacetime espionage, and while few countries have “clean hands,” it seems unworkable to overcome the presupposition that most espionage is an “intervention” as defined by the ICJ in Nicaragua v. U.S., even if the prohibition on espionage is often unenforced. With the conclusion that most peacetime espionage is likely illegal under international law ...


Nonvoting Shares And Efficient Corporate Governance, Dorothy Shapiro Lund Dec 2017

Nonvoting Shares And Efficient Corporate Governance, Dorothy Shapiro Lund

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.


Intelligent Design, Christopher Buccafusco, Mark Lemley, Jonathan Masur Dec 2017

Intelligent Design, Christopher Buccafusco, Mark Lemley, Jonathan Masur

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.


Pari Passu Clauses And The Skeuomorph Problem In Contract Law, Douglas G. Baird Dec 2017

Pari Passu Clauses And The Skeuomorph Problem In Contract Law, Douglas G. Baird

Journal Articles

No abstract provided.


The Right To Work And The Right To Strike, Laura Weinrib Dec 2017

The Right To Work And The Right To Strike, Laura Weinrib

Journal Articles

No abstract provided.


Subdelegating Powers, Jennifer Nou Dec 2017

Subdelegating Powers, Jennifer Nou

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.


Partisan Balance With Bite, Brian D. Feinstein, Daniel Hemel Dec 2017

Partisan Balance With Bite, Brian D. Feinstein, Daniel Hemel

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.


The Case Against Passive Shareholder Voting, Dorothy Shapiro Lund Dec 2017

The Case Against Passive Shareholder Voting, Dorothy Shapiro Lund

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.


Introduction To Evidence And Innovation In Housing Law And Policy, Lee Anne Fennell, Benjamin J. Keys Dec 2017

Introduction To Evidence And Innovation In Housing Law And Policy, Lee Anne Fennell, Benjamin J. Keys

Kreisman Working Paper Series in Housing Law and Policy

No abstract provided.


Presidential Obstruction Of Justice, Daniel Hemel, Eric A. Posner Dec 2017

Presidential Obstruction Of Justice, Daniel Hemel, Eric A. Posner

Public Law and Legal Theory Working Papers

No abstract provided.