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Articles 1 - 16 of 16
Full-Text Articles in Law
The Limits Of Custom In Constitutional And International Law, Michael D. Ramsey
The Limits Of Custom In Constitutional And International Law, Michael D. Ramsey
San Diego Law Review
This Article does not contend that arguments for extension of custom are illegitimate. Instead, it makes two more limited claims. First, there is an important difference between arguments from pure custom and arguments for the extension of custom, with the latter being more properly called common law arguments. Second, the legitimacy of common law arguments in some fields, especially constitutional law and international law, is substantially more problematic than the legitimacy of arguments from pure custom. The Article develops as follows. Part II sets out in greater detail the proposed distinction between arguments from pure custom and arguments for extension …
Natural Law As Part Of International Law: The Case Of The Armenian Genocide, Fernando R. Tesón
Natural Law As Part Of International Law: The Case Of The Armenian Genocide, Fernando R. Tesón
San Diego Law Review
In this Article I argue that some norms are part of international law even if they have never been created by treaty or custom. Because such norms have never been posited, they are natural law norms, and my thesis is that these natural law norms are as much part of international law as the posited norms. By this I mean that these norms should figure in any catalog of what international law prescribes or permits.
Ineffective, Opaque, And Undemocratic: The Ious Of—Too Much—International Law And Why A Bit Of Skepticism Is Warranted, James Allan
San Diego Law Review
In this Article I want to give you an outsider’s view of international law, or at least this outsider’s view. And by outsider I mean someone who is usually interested in legal philosophy and constitutional law and who may well be thought to lack standing to offer the sort of views and criticisms that are to come.... The structure of this Article will be simple. I will criticize certain aspects of international law, especially rights-related international law, under the three headings you see in the title to this Article. However, I am going to take those headings and critiques in …
Shame, Memory, And The Unspeakable: The International Criminal Court As Damnatio Memoriae, Michael Blake
Shame, Memory, And The Unspeakable: The International Criminal Court As Damnatio Memoriae, Michael Blake
San Diego Law Review
The first [part] will discuss two ways of looking at the court and why the conventional justifications of punishment might not be adequate to justify what the court is doing. The second will examine the issue of the politically unspeakable and argue that the court’s mandate might indeed be the responsibility of making certain ideas and persons politically shameful. The final Part will try to give some justification for the claim that this mandate might give rise to a justification for the court’s existence. On the account I provide here, even if the court could not be justified with reference …
Wrongful Death And Survival Actions For Torts In Violation Of International Law, Alastair J. Agcaoili
Wrongful Death And Survival Actions For Torts In Violation Of International Law, Alastair J. Agcaoili
San Diego Law Review
This Article aims to make sense of this neglected area of ATS law. I contend that the salient issue in these deceased-victim cases is not whether the nonvictim plaintiffs have standing to sue but rather whether they have a viable cause of action in the first place. Standing and cause of action concepts have an uneasy relationship in law. Although the distinction between constitutional standing and cause of action inquiries is well established, the division is less clear where, as here, standing doctrine is used to define a plaintiff’s eligibility to bring suit. Indeed, reliance on standing terminology in this …
Mexico And The Law Of The Sea: Contributions And Compromises. Book Review, Michael Reed
Mexico And The Law Of The Sea: Contributions And Compromises. Book Review, Michael Reed
San Diego International Law Journal
Much valuable scholarly material has been published on the United Nations Convention on the Law of the Sea, often referred to simply as “UNCLOS” or “The Constitution for the Oceans.” The focus of that scholarship has usually been on interpreting the Convention’s 320 separate Articles and substantive Annexes. Such sources are, of course, critical to individuals seeking to comply with the law of the sea or sovereigns charged with enforcing it.
Inequities In Corporate And Securities Law: Disabling The Exploitative Chinese Corporation And Charting A Path To International Commercial Accountability, Jonathan P. Schmidt
Inequities In Corporate And Securities Law: Disabling The Exploitative Chinese Corporation And Charting A Path To International Commercial Accountability, Jonathan P. Schmidt
San Diego International Law Journal
This article seeks to illuminate these issues and provide a roadmap for the U.S. federal and state legislatures to come together to protect the U.S. investor from the type of accounting fraud and stock misinformation that was the impetus behind enacting the Sarbanes-Oxley Act of 2002. First, this article will discuss the legal backdrop and legislative policy behind U.S. laws such as SOX and its enforcement mechanisms, and the ability for shareholders to bring securities class action derivative actions for financial fraud. This article will also discuss trade secrets laws, criminal extradition treaties, international enforcement of judgments, and elucidate the …
Explaining The Progression Of The Rights Of Same-Sex Couples In South America, Daniel De La Cruz
Explaining The Progression Of The Rights Of Same-Sex Couples In South America, Daniel De La Cruz
San Diego International Law Journal
A trend of rights advocacy has recently developed in the international community. Organizations dedicated to the principle of advancing the rights of historically under-represented and oppressed social groups have proliferated around the globe. The growth of the gay rights movement in recent years has resulted in the expansion of civil liberties afforded to same-sex couples. The movement has gained significant success in symbolic expression. Even without much knowledge of the movement, one typically associates a rainbow flag, the Greek letter lambda, and the word “pride” with the effort. Unfortunately, the movement has not achieved comparable substantive success. Same-sex couples continue …
Drawing The Line Between Competing Interests: Strengthening Online Data Privacy Protection In An Increasingly Networked World, Lori Chiu
San Diego International Law Journal
This article seeks to elucidate these issues and provide a roadmap for the U.S. government to create unified federal laws to provide the private sector with specific protocols regarding use and dissemination of consumer personal information. First, this article will provide an explanation of the U.S.’s current sector-by-sector approach to regulating personally identifying information and will provide a case study of the Federal Trade Commission’s (“FTC”) enforcement action against a social networking site in 2011 as one example of the FTC’s recent efforts at regulating online privacy. Next, this article will analyze the U.S.’s current challenge of judicial enforcement of …
Foreword, Kyle M. Bird
Foreword, Kyle M. Bird
San Diego International Law Journal
The topics of the articles range from marriage equality in South America, how China-based corporations exploit U.S. investors, and how the U.S. can strengthen data privacy protection. The rise of marriage equality for same-sex couples continues to march forward in the twenty-first century. In our global economy, policing foreign corporations operating on domestic soil involves multiples hurdles that require proper navigation. In addition, with the rise of the Information Age, an increasingly cyber-connected world requires protection through vigilant legal oversight.
Naked Dishonesty: Misuse Of A Social Security Number For An Otherwise Legal Purpose May Not Be A Crime Involving Moral Turpitude After All, Nathanael C. Crowley
Naked Dishonesty: Misuse Of A Social Security Number For An Otherwise Legal Purpose May Not Be A Crime Involving Moral Turpitude After All, Nathanael C. Crowley
San Diego International Law Journal
This Comment questions whether the misuse of a Social Security number for an otherwise legal purpose is a crime involving moral turpitude. It begins with a history of moral turpitude and its initial connection to immigration law in the United States. Through a close analysis of misuse of a Social Security number for an otherwise legal purpose as a crime involving moral turpitude in modern cases, this Comment will examine the role of fraud and dishonesty in the question. The analysis reveals a critical distinction between crimes involving dishonesty and crimes involving fraud. This distinction shows that crimes involving naked …
A High Seas Requirement For Inciters And Intentional Facilitators Of Piracy Jure Gentium And Its (Lack Of) Implications For Impunity, Jonathan Bellish
A High Seas Requirement For Inciters And Intentional Facilitators Of Piracy Jure Gentium And Its (Lack Of) Implications For Impunity, Jonathan Bellish
San Diego International Law Journal
Around 2005, maritime piracy made a troubling resurgence three quarters of a century after a consensus had been reached that the age of piracy had permanently ended. Yet piracy returned in a slightly different form, with pirates relying more on land-based facilitators than their historical counterparts. Maritime piracy’s reappearance made ripe for consideration the question of whether a facilitator of maritime piracy must be physically present on the high seas while facilitating in order to be subject to universal jurisdiction. This Article undertakes an analysis of the text, statutory context, history, and policy impetus behind UNCLOS art. 101 as it …
Breaking Legal Ground: A Bivens Action For Noncitizens For Trans-Border Constitutional Torts Against Border Patrol Agents, Julie Hunter
Breaking Legal Ground: A Bivens Action For Noncitizens For Trans-Border Constitutional Torts Against Border Patrol Agents, Julie Hunter
San Diego International Law Journal
This Comment assesses whether noncitizens can sue in U.S. courts when they have sustained an injury outside of U.S. territory. This Comment assumes the underlying merits of the Hernandez’s claim that Agent Mesa used excessive force when shooting at Sergio. It will not address whether Agent Mesa acted in self-defense. Part II will discuss the context of the Hernandez litigation and its claims against the U.S. Government, its agencies, and employees for the use of excessive force against a noncitizen. It will also discuss the legal requirements for bringing an excessive force claim under Bivens v. Six Unknown Named Agents …
An Analysis Of The Legal Status Of Cia Officers Involved In Drone Strikes, Donna R. Cline
An Analysis Of The Legal Status Of Cia Officers Involved In Drone Strikes, Donna R. Cline
San Diego International Law Journal
This Article introduces international humanitarian law as the applicable legal standard, and develops the distinction between international and non-international armed conflict. Section II will define the key elements used to determine whether a situation of hostilities rises to the level of an armed conflict: the intensity of the conflict and the organization of the parties. Furthermore, this section will analyze the idea of internationalized armed conflict and examine the standard for determining when an attack by an armed group may be attributed to a State. Section III of this article describes the different categories of actors found in situations of …
Improper Deportation Of Legal Permanent Residents: The U.S. Government’S Mischaracterization Of The Supreme Court’S Decision In Nijhawan V. Holder, Michael R. Devitt
Improper Deportation Of Legal Permanent Residents: The U.S. Government’S Mischaracterization Of The Supreme Court’S Decision In Nijhawan V. Holder, Michael R. Devitt
San Diego International Law Journal
The purpose of this Article is to draw attention to the government’s misinterpretation of the central holding in Nijhawan v. Holder and how it has led to the improper dilution of evidentiary standards in removal proceedings when determining the $10,000 threshold loss requirement under section 101(a)(43)(M)(i) of the INA [hereinafter “M(i)”]. Section II of this article provides a brief doctrinal overview and summary of my proposed procedural methodology; sections III and IV provide essential background information regarding the Supreme Court’s important pre-Nijhawan opinions and the inconsistent methods circuit courts have applied when calculating the monetary threshold under the fraud or …