Law Commons^™

“Fundamental Fairness”: Finding A Civil Right To Counsel In International Human Rights Law, Meredith Elliot Hollman

Law Student Publications

Every other Western democracy now recognizes a right to counsel in at least some kinds of civil cases, typically those involving basic human rights. The World Justice Project’s 2021 Rule of Law Index ranked the United States 126th of 139 countries for “People Can Access and Afford Civil Justice.” Within its regional and income categories, the United States was dead last. The United Nations and other international treaty bodies have urged the United States to improve access to justice by providing civil legal aid. How did we fall behind, and what can we learn from the rest of the world? …

Evaluating A Permanent Court Solution For International Investment Disputes, Emily Palombo

Law Student Publications

Despite the original objective of investor state dispute settlement (“ISDS”)—to create an unbiased arbitration mechanism to resolve conflicts between states and foreign investors—ISDS tribunals have gained the reputation of being one-sided, nontransparent, and inconsistent in decisions rendered. A major reform proposed to address the criticism of ISDS is the creation of one permanent tribunal, rather than numerous ad hoc tribunals constituted separately for each investment dispute. Discussion of ISDS reform in light of its historical context poses the question: is ISDS really a broken system, or have our global priorities and concerns changed over time? While improvements can be made, …

Our Oceans Need Sharks: A Comparative Analysis Of Shark And Turtle Conservation Law In Australia And The United States, Gabrielle Stiff Heim

Law Student Publications

The model used for turtle conservation and recovery would be an accurate model for conserving and recovering the endangered shark species, as well. As sharks are crucial to the marine environment, action needs to be taken in the form of policies that parallel those that protect turtles. Specifically, the models of protection for turtles in both Australia and the United States can serve as examples for shark conservation and recovery policies. As sharks are migratory species like turtles, international efforts and treaties are also crucial to providing boundaries and regulations for sharks in the global arena. The future of sharks …

3.14 Rio 2016 And The Birth Of Brazilian Transparency, Pat Barr, Albert Flores, Kat Gavin, Shaun Freiman, Tyler Klink, Carter Nichols, Ann Reid, Rina Van Orden

Law Student Publications

Brazil’s modern democracy is but three decades old. With the Brazilian people now taking to the streets in protest at public corruption, the government is enacting new laws and learning to effectively enforce them. The nation is thus feeling the growing pains of an emergent commitment to transparency. In this, the window between Brazil’s hosting of the 2014 FIFA World Cup and the 2016 Summer Olympics, it is timely to ask what the spotlight of these two events has revealed about the nation’s anti-corruption measures. How is the government responding to exposed corruption risk? Will the Olympics ultimately make good …

A Red Card For Fifa: Corruption And Scandal In The World’S Foremost Sports Association, Chance Esposito

Law Student Publications

On a global scale, soccer (or as it is commonly called in most other countries “football”) is the most popular sport based on its numbers alone with over 250 million players. In recent years, the sport has become increasingly popular in nations or territories such as the United States. As a result of this increased interest, the sport and its governing organization, The Federation Internationale de Football Association (“FIFA”), has been thrown into the global media arena in the past two decades. Recently unearthed information, however, has put the actions of the organization at the center of controversy for alleged …

Private Enforcement Of Trips By Applying The Eu Law Principles Of Direct Effect And State Liability, Saud Aldawsari

Law Student Publications

This comment is divided into three sections. Part I introduces the World Trad Organization (WTO) generally and analyzes the Trade Related Agreement on Intellectual Property Rights (TRIPS) agreement specifically. Part II discusses the proposed theory and its basis. It then introduces Novartis. The comment then explores the relevant EU laws and analyzes the jurisprudence of Direct Effect and State Liability. Part III applies EU law to Novartis.

Amending The Foreign Corrupt Practices Act: Should The Bribery Act 2010 Be A Guideline?, Michael Peterson

Law Student Publications

This paper is divided into four sections. The first section discusses the individual legal aspects of the FCPA and the Bribery Act of 2010; the second section discusses the differing features of the two acts; the third section discusses the criticisms of each of the acts; and the fourth section lays out a proposal of effective amendments which the author feels should be made to the FCPA.

"Ice" Capades: Restitution Orders And The Fcpa, Shane Frick

Law Student Publications

This comment discusses federal restitution orders and why they are not a viable source of compensation for FCPA victims. Section I provides background information on the FCPA and outlines how it is enforced. Section II discusses victims' rights under a series of pieces of federal legislation. Section III looks at the primary precedent in the arena and explains why it shows that the restitution statutes do not provide sufficient FCPA victim restitution. Section IV discusses the pending Wal-Mart case and the issues facing Wal-Mart victims. Section V outlines other avenues of recovery for FCPA victims and proposes new measures for …

Back To The Bad Old Days: President Putin's Hold On Free Speech In The Russian Federation, Rebecca Favret

Law Student Publications

This paper addresses new laws promulgated in Russia that restrict freedom of speech. Each implicitly reflects the Kremlin's hostility toward political dissidence in the aftermath of serious protests following President Putin's reelection and elections to the legislature. Disturbed by the outcry, which took place in cities across Russia but also infiltrated the Internet, the Russian legislature passed strict laws censoring Internet speech, prohibiting behavior and speech deemed "extremist," and curbing the size and type of public gatherings.

The new legislation is examined through the lens of some of the Kremlin's most infamous and recent targets: namely, the Internet blacklist and …

Opportunistic Discipline: Using Eurasian Integration To Improve Sanctions Against Belarus, Ilya Zlatkin

Law Student Publications

This comment does not condemn or condone the Lukashenko regime's policies. Instead, it evaluates the effectiveness of the U.S. sanctions and provides some feasible alternatives. Also, this comment avoids normative arguments against sanctions, concentrating more on the probable economic and political effects. Part II supplies background information on the political developments within Belarus since the Soviet Union's collapse, including prior sanctions that the West imposed. Part III explains why the United States can legally institute sanctions. Parts IV and V discuss how American sanctions facilitate appropriation of significant Belarusian state assets by Russia and China, respectively. Part VI posits that …

Pakistan's Failed Commitment: How Pakistan's Institutionalized Persecution Of The Ahmadiyya Muslim Community Violates The International Covenant On Civil And Political Rights, Qasim Rashid

Law Student Publications

The United Nations (“UN”) adopted the International Covenant on Civil and Political Rights (“ICCPR”) in 1966 and officially implemented it in 1976 to ensure, among other guarantees, that no human is denied his or her right to equal voting, freedom of political association, due process of law, freedom of life, freedom of religion, freedom of speech, and freedom of assembly. The Islamic Republic of Pakistan is among 166 nations that have signed and ratified the ICCPR. Since signing the ICCPR in 2008 and ratifying it in 2010, however, Pakistan has perpetuated state-sanctioned and violent persecution of religious minority groups such …

Reforming Fairness: The Need For Legal Pragmatism In The Wto Dispute Settlement Process, Webb Mcarthur

Law Student Publications

The World Trade Organization (“WTO”) dispute settlement system is intended to be the central pillar of the international trade system by which trade disputes involving WTO member states are adjudicated, whether regarding trade in goods, services, or in intellectual property rights. However, an innocuous statement such as this, when closely considered, indicates potential problems for the system.