Law Commons^™

The Right To Access Information On Land Recovery, Compensation, Assistance, And Resettlement: Case Study, City Of Can Tho, Vietnam, Hien Trung Phan, Hugh D. Spitzer

Articles

Land recovery in Vietnam is the process of compulsory transfer of land use rights from the hands of land users to the hands of the State by way of local government agencies. Land recovery frequently raises issues of compensation, assistance, and resettlement. It is vital for affected land users and the general public to have access to reports on land recovery, compensation, and resettlement. The article describes a limited survey of Vietnamese people whose land was subject to government recovery and evaluates their access to and understanding of information at each stage of the land recovery process. The study revealed …

Four Pathbreaking Women Judges To Participate In Iu Conference And Public Discussion Monday, Sept. 25, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Four distinguished women judges from the Middle East and North Africa—including the first female judge in Jordanian history—will visit the Indiana University Bloomington campus Sept. 25-26 for a conference titled “Women Judges in Dialogue,” where they will discuss their own experience as women in the judiciary as well as issues surrounding constitutional adjudication in the region. They will be joined by faculty from the Hamilton Lugar School of Global and International Studies and the Maurer School of Law.

Sponsored by the Center for the Study of the Middle East (CSME) at HLS and the Center for Constitutional Democracy (CCD) …

Modular Bankruptcy: Toward A Consumer Scheme Of Arrangement, John A. E. Pottow

Law & Economics Working Papers

The world of international bankruptcy has seen increasing use of the versatile scheme of arrangement, a form of corporate reorganization available under English law. A key feature of the scheme is its modularity, whereby a debtor can restructure only a single class of debt, such as bond indentures, without affecting other debt, such as trade. This is the opposite of chapter 11 of the U.S. Bankruptcy Code’s comprehensive reckoning of all financial stakeholders. This article considers a novel idea: could the scheme be transplanted into the consumer realm? It argues that it could and should. Substantial benefits of more individually …

Beyond The North–South Divide: Litigation's Role In Resolving Climate Change Loss And Damage Claims, Maria Antonia Tigre, Margaretha Wewerinke-Singh

Sabin Center for Climate Change Law

Within the international climate regime, legal aspects surrounding loss and damage (L&D) are contentious topics, implicating liability, compensation and notions of vulnerability. The attribution of responsibility and the pursuit of redress for L&D present intricate legal and governance challenges. The ongoing debates under the United Nations Framework Convention on Climate Change are characterized by a pronounced North–South divide and have done little to provide tangible support to those most affected by L&D. This apparent neglect has prompted exploration of alternative avenues for climate harm redress. The burgeoning field of litigation for liability and compensation of climate harm holds potential significance …

Future-Proofing U.S. Laws For War Crimes Investigations In The Digital Era, Rebecca Hamilton

Articles in Law Reviews & Other Academic Journals

Advances in information technology have irrevocably changed the nature of war crimes investigations. The pursuit of accountability for the most serious crimes of concern to the international community now invariably requires access to digital evidence. The global reach of platforms like Facebook, YouTube, and Twitter means that much of that digital evidence is held by U.S. social media companies, and access to it is subject to the U.S. Stored Communications Act.

This is the first Article to look at the legal landscape facing international investigators seeking access to digital evidence regarding genocide, war crimes, crimes against humanity, and aggression. It …

A Further Look At A Hague Convention On Concurrent Proceedings, Paul Herrup, Ronald A. Brand

Articles

The current project of the Hague Conference on Private International Law has reached a critical juncture that requires careful consideration of the terms that delineate the scope of the proposed convention. Work to date has not followed the mandate of the Council on General Affairs and Policy to produce a convention that would deal with concurrent proceedings, understood as including pure parallel proceedings and related actions. In two previous articles we have addressed the practical needs that should be addressed by the concurrent proceedings project and the general architecture of such a convention. The process is now mired in terminological …

Global Climate Litigation Report: 2023 Status Review, Michael Burger, Maria Antonia Tigre

Sabin Center for Climate Change Law

This Global Climate Litigation Report: 2023 Status Review, which updates previous United Nations Environment Programme reports published in 2017 and 2020, provides an overview of the current state of climate change litigation and an update of global climate change litigation trends. It provides judges, lawyers, advocates, policymakers, researchers, environmental defenders, climate activists, human rights activists (including women’s rights activists), NGOs, businesses and the international community with an essential resource to understand the current state of global climate litigation, including descriptions of the key issues that courts have faced in the course of climate change cases.

Transnational Insights For Climate Litigation At The European Court Of Human Rights: A South-North Perspective In Pursuit Of Climate Justice, Melanie Murcott, Maria Antonia Tigre, Nesa Zimmermann

Sabin Center for Climate Change Law

The global climate crisis is increasingly recognised as an issue of climate injustice, including because it is causing (and worsening) inequalities and human rights violations. Moreover, responsibility for emissions and vulnerability to climate impacts are not evenly distributed. They vary among and within states. In order to tackle these issues of justice both within and among states, litigants have taken to domestic and regional courts to engage in climate litigation. A body of transnational climate jurisprudence is emerging in which courts are increasingly looking to laws beyond their relevant state or region, engaging with the moral aims of human rights …

Romano Named A Rumsfeld Graduate Fellow, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

James Romano’s interests are out of this world. The 2L at the Indiana University Maurer School of Law is intrigued by the futuristic sounding concept of space law, but is quick to note that there’s nothing futuristic about it.

“More private companies are rapidly entering space,” Romano said, “and I’m deeply interested in the question of ‘What does the future of space look like?’”

While Romano’s focus may be directed upward, his trajectory on Earth is quickly ascending.

Romano is one of 14 scholars selected as a Rumsfeld Foundation Graduate Fellow for 2023-24. The fellowships, named in honor of the …

Hiding Art In Freeports, Wendy Li

CICLR Online

In Tenet, one of Christopher Nolan’s time and reality bending movies, we are introduced to freeports. Robert Pattinson’s character, Neil, must steal something from a freeport and in a few scenes, through his time in the freeport’s vaults, we learn a bit on why freeports exist and what people store in them. In a tour, the guide tells Neil that clients can store anything in the freeports and the vault that they walk through holds expensive collections of paintings and artifacts. The items are “shipp[ed] to and from other freeports without customs inspection.” From there, we are brought on a …

Inspiration For How The Doj Can Handle Its Antitrust Investigation Against Ticketmaster, Brandon Simon

CICLR Online

“It’s me, hi, I’m the problem, it’s me” is not something Ticketmaster would have anticipated Congress would mandate it to admit about itself, but that all changed after its botched sale of tickets for Taylor Swift’s upcoming U.S. stadium tour.

This post was originally published on the Cardozo International & Comparative Law Review on May 2, 2023. The original post can be accessed via the Archived Link button above.

Prosecuting Gender Persecution At The Icc: Definitions, Policies, And Practice, Milena Sterio, Yvonne Dutton

Law Faculty Articles and Essays

This Article's primary goal is to highlight the International Criminal Court (ICC)'s Office of the Prosecutor (OTP)'s Gender Persecution Policy, while also demonstrating its place in the trajectory of the ICC's progress in changing the course of human history as relates to the recognition of and prosecution of sexual and gender-based (SGBV) crimes. To that end, some background is necessary to contextualize the ICC's current policy and practice as relates to the crime of gender persecution. Part II discusses the Rome Statute's unique contributions to the development of international criminal law regarding SGBV crimes, including the crime of gender persecution. …

Consumers' Perceptions Of Digital Privacy In The United States And Japan, Destiny Randle

Whittier Scholars Program

The purpose of my study is to explore the contours of contemporary consumer privacy protections derived from legislation, regulations and publicly available company policies as a way to get a better understanding of how consumer data is protected. A few examples ranging from company-based consumer protection in the United States to data breaches in Japan will be explored and examined. Finally, this paper includes a comparative survey of consumer perceptions and concerns related to personal data privacy in the U.S. and Japan. As a way to assess the degree to which digital privacy and personal data breaches have adversely influenced …

An Outlook On Whether Competition In High-Voltage Transmission Line Development Is Necessary?, Andrew Leahy

CICLR Online

Various concerns, such as climate change, supply issues, and bad actors with vast energy resources, have increased global interest in increasing power grid security and efficiency. One method to increase power grid security and efficiency that has gained popularity is using high-voltage powerlines, cables transporting energy over long distances with minimal power losses along the route. The People’s Republic of China has been at the forefront of implementing high-voltage powerlines within its borders. For example, the Changji-to-Guquan project, which began in 2019, consists of a 1,100-kV direct current line spanning 2,046 miles, “roughly the distance between Los Angeles and Cleveland.” …

Election Fraud In Romania, Mara Nicole Chiriac

CICLR Online

Election fraud is a severe issue that has plagued Romania's political system for decades. The electoral process in Romania has been affected by a variety of fraudulent conduct, from suspicions of vote buying to cases of ballot stuffing. This is a significant issue that must be addressed to safeguard the future of the democratic process in Romania and the integrity of its elections.

This post was originally published on the Cardozo International & Comparative Law Review on April 27, 2023. The original post can be accessed via the Archived Link button above.

The Current State Of Art Restitution Laws, Emily Carbali

CICLR Online

New York’s Solomon R. Guggenheim Museum is currently in litigation regarding the Blue Period painting “Women Ironing” by Pablo Picasso. The painting was originally owned by Karl Adler and his wife Rosi Jacobi. Their heirs filed a suit in New York Supreme Court last week arguing that the painting would not have been sold but for the owner’s duress due to Nazi persecution. The family seeks return of the painting or compensation at the painting’s current market value, estimated at up to $200 million.

This post was originally published on the Cardozo International & Comparative Law Review on April 25, …

Understanding China's Cryptocurrency Stance: Analysis Of The Recent Developments And Future Prospects, Zhengchun Wan

CICLR Online

In September 2021, the People’s Bank of China (PBOC), China’s central bank, in conjunction with nine other state bodies, including the police and the supreme court, issued a statement regarding the country’s stance on cryptocurrency businesses. There, regulators have explicitly stated that all cryptocurrency trading, exchanges, and investments—both crypto-to-crypto and crypto-to-fiat—are prohibited, whether they are carried out through domestic or international platforms. Despite China’s official strong hostilities toward cryptocurrencies, some believe the policy might change soon.

This post was originally published on the Cardozo International & Comparative Law Review on April 24, 2023. The original post can be accessed via …

Damar Hamlin: Legal Implications Of An Nfl Injury, Evan Feder

CICLR Online

On January 2nd, 2023, in an NFL game played between the Cincinnati Bengals and the Buffalo Bills, Damar Hamlin, a Bills safety, tackled Bengals receiver Tee Higgins. After the collision, Hamlin stood up and began to walk, but after two steps he collapsed to the ground. He went into cardiac arrest and was given CPR and was later taken to the University of Cincinnati Medical Center in critical condition. On the following Monday, January 9th, Hamlin was released from the ICU, and he has continued to improve since then. It was an extremely rare injury; in fact, there has only …

Bolsonaro: Extradition And The Limits Of The Political Exception Doctrine, Allison Herstic

CICLR Online

Former Brazilian President Jair Bolsonaro’s recent move to Florida represents a potential clash between the immunity afforded to former political leaders and the notion of extradition – a treaty-based obligation to return individuals charged with offenses to their home country.

This post was originally published on the Cardozo International & Comparative Law Review on April 3, 2023. The original post can be accessed via the Archived Link button above.

Law Of Art, Law Of War: The Legacy Of The Law Of War In International Cultural Property Law, Richard G. De Schweinitz

CICLR Online

Issues of international art law tend to center on the restitution of lost works of art to their owners across borders. Wars today engender many disputes over rightful ownership; but historically, these conflicts were decided rather simply by the law of nations. Per one Judge Croke, “all property belonging to the enemy shall be liable to confiscation”. However, one of the earliest principles of just war in the modern era was the extension of special protections to works of culture. This principle, developed in the international conflict context, evolved through a lineage of international agreements into the basis for modern …

Always A Suspect: Law Enforcement’S Use Of Location History Data In Criminal Investigations, Aaron A. Bengart

CICLR Online

Imagine taking your dog on a walk around the neighborhood or visiting an ill parent in a nursing home and suddenly being considered a prime suspect in a serious criminal investigation. This has happened to a multitude of people over the past few years as law enforcement has increasingly used Location History data to identify perpetrators of criminal activity in every US state. For example, Zachary McCoy found himself as a suspect in a local home invasion simply for riding his bike past the house at issue multiple times on the day of the invasion. Consequently, Mr. McCoy felt obligated …

Deterrence, Punishment, Or Retribution: American Criminal Prosecution Of Sayfullo Saipov And Intern, Madeline Epstein

CICLR Online

On Halloween in 2017, Sayfullo Saipov drove a large truck into dozens of people on the cycling and pedestrian pathway near the West Side Highway in Manhattan, causing eight deaths and numerous injuries. Saipov was allegedly acting on behalf of the Islamic State (“ISIS”), and the Southern District of New York charged him with twenty-eight counts, including murder and attempted murder in aid of racketeering and provision of material support to a designated foreign terrorist organization, among other included charges. Saipov, a citizen of Uzbekistan, was found guilty by the American jury on all counts during the guilt phase of …

Facial Recognition Law: Why Should We Care?, Xueyang Peng

CICLR Online

What if you are a lawyer and you would like to spend an evening enjoying your favorite artist’s concert at the Radio City Music Hall? Or a Knicks game at Madison Square Garden? The first thing you should check is not the ticket price, but rather whether you, or your law firm, has made the MSG blacklist. Even though for years, the owner of MSG has been using the blacklist to exclude its enemies (and their associates) from setting foot in any MSG-owned venue, the facial recognition technology (“FRT”) just brought this practice to a new level.

This post was …

Decolonizing Legal Influence: China's Role In The Changing Landscape Of The Ethiopian Legal Profession, 2000-2018, Mekkonen Firew Ayano

Journal Articles

Over the last two decades, the legal profession in Ethiopia has changed fundamentally. The government has increased the number of law schools from one in 1993 to more than three dozen by 2021. It has introduced strict licensure rules to formalize and regulate legal services and, more recently, in 2022, it has proclaimed the creation of law firms and an independent bar association. The market for legal services has expanded, allowing lawyers to reach out to clients in the country’s peripheries and move onward to attract global clients. These changes are inextricably tied to global currents that have diffused Anglo-American …

Privacy Enforcement In Action: Eu Regulators And Us Attorneys General Take On Big Tech, Benjamin Wade

CICLR Online

In the twenty first century, it is impossible to avoid using internet capable devices and programs in our everyday lives. As a result, significant amounts of personal data have become more accessible than ever before, putting the privacy of countless people at risk. To protect user privacy, companies providing services must limit the accessibility of personal data and comply with existing data privacy and protection laws. If they fail to do so, regulators and law enforcement agencies must ensure proper compliance.

This post was originally published on the Cardozo International & Comparative Law Review on March 22, 2023. The original …

Duty-Free Shopping: Comparing Tax-Free Travel Restrictions Of The Eu And The United States, Sarah Lerche

CICLR Online

If you have been to an airport, you have likely come across the heavily stocked, halogen lit, mini shopping malls just across from your departing gate. Affixed with the large “Duty-Free” logo, these tempting variety stores lure travelers in with their notorious “tax-free" goods, that “typically offer a distinct assortment of luxury goods-like alcohol, jewelry, and beauty products-to outbound international travelers.” But the question looms, whether these duty-free shops are actually saving customers money, and how countries restrict such purchases throughout international travel. This piece will explore those two questions by comparing the European Union (EU) and the United States …

After Pillar One, Reuven S. Avi-Yonah

Law & Economics Working Papers

Pillar One is unlikely to succeed for three reasons. First, it requires an MTC to be implemented because Amount A requires overriding Articles 5 (Permanent Establishment, PE), 7 (Business Profits) and 9 (Associated Enterprises) of every tax treaty to abolish the PE and Arm’s Length Principle (ALP) limits enshrined therein. But negotiating an MTC is hard, especially when over 100 countries are involved and there are fundamental disagreements among them.

Second, because Pillar One (despite its October 2021 expansion) is still aimed primarily at taxing the US digital giants (Big Tech), it is hard to envisage it being implemented without …

To Drink Or Not To Drink? Canada’S New Guidelines For Alcohol Consumption, Lauren Cutler

CICLR Online

On January 17, 2023, Canadian health officials from the Centre on Substance Abuse and Addiction released new guidelines for alcohol consumption, replacing a previous set from over ten years ago. These guidelines are reflective of “growing evidence, after decades of sometimes conflicting research, that even small amounts of alcohol can have serious health consequences.” In the technical summary, the Centre states that the costs associated with alcohol use in Canada in 2017 were a whopping $16.6 billion. $5.5 billion of that sum was attributable to healthcare costs.

This post was originally published on the Cardozo International & Comparative Law Review …

Should Canada’S Expansion Of Its Medical Assistance In Dying Program Concern Americans?, Tova Wolkenstein

CICLR Online

After suffering from severe chronic back pain and fearing losing his home, 54-year-old Canadian Amir Farsoud applied to Canada’s Medical Assistance in Dying program (MAID) to alleviate the stresses of his life. Farsoud is just one instance of an individual choosing to die with a physician’s help under the new criteria of MAID. As Canada is America’s “neighbor to the North,” the expansion of physician-assisted suicide there might be a canary in the coal mine as to what will happen in the United States, unless there is an active pushback to stop it.

This post was originally published on the …

From The Editors In Chief, Kathleen Claussen, Sergio Puig, Michael Waibel

Articles

No abstract provided.