University of Pennsylvania
Yale Law School
William & Mary Law School
Brigham Young University Law School
Boston College Law School
Seattle University School of Law
University of Florida Levin College of Law
Cornell Law School
Singapore Management University
Prosecuting Rape Victims While Rapists Run Free: The Consequences Of Police Failure To Investigate Sex Crimes In Britain And The United States,
2019
University of Arkansas School of Law
Prosecuting Rape Victims While Rapists Run Free: The Consequences Of Police Failure To Investigate Sex Crimes In Britain And The United States, Lisa Avalos
Michigan Journal of Gender and Law
Imagine that a close friend is raped, and you encourage her to report it to the police. At first, she thinks that the police are taking her report seriously, but the investigation does not seem to move forward. The next thing she knows, they accuse her of lying and ultimately file charges against her. You and your friend are in shock; this outcome never entered your minds. This nightmare may seem inconceivable, but it has in fact occurred repeatedly in both the United States and Britain—countries that are typically lauded for their high levels of gender equality. In Britain ...
Abolishing Australia's Judicially Enacted Sui Generis Doctrine Of Extended Joint Enterprise,
2018
University of Surrey
Abolishing Australia's Judicially Enacted Sui Generis Doctrine Of Extended Joint Enterprise, Victoria Bo Wang
Concordia Law Review
This Article argues that the decision in Miller v The Queen [2016] HCA 30 is supported neither by common law precedent in Australia nor the historical English precedents that informed the development of Australia’s common law doctrines. It is submitted that the majority judgment misquoted old English authorities to try to equate foresight with intention and argues that the High Court of Australia engaged in judicial activism, because its decision rested predominantly on the policy views of the judges. Moreover, it is argued that the case highlighted the urgent need for law reform in Australia. The Article puts forward ...
Dispute Settlement Under The Next Generation Of Free Trade Agreements,
2018
University of Miami School of Law
Dispute Settlement Under The Next Generation Of Free Trade Agreements, Kathleen Claussen
Georgia Journal of International & Comparative Law
No abstract provided.
No More Tiers? Proportionality As An Alternative To Multiple Levels Of Scrutiny In Individual Rights Cases,
2018
John Marshall School of Law
No More Tiers? Proportionality As An Alternative To Multiple Levels Of Scrutiny In Individual Rights Cases, Donald L. Beschle
Pace Law Review
This article will explore how the explicit adoption of proportionality analysis as a single analytical tool might lead, not only to a more coherent approach to individual rights cases, but will also bring together aspects of the current multiple analytical tiers in a way that allows full consideration of both the individual rights and the social values present in these cases. Part I of this article will give a brief overview of the history of the creation and application of the various tiers of analysis used by the United States Supreme Court and explore how the once-sharp difference in those ...
The European Union, The Member States, And The Lex Mercatoria,
2018
Notre Dame Law School
The European Union, The Member States, And The Lex Mercatoria, Gabriella Saputelli
Notre Dame Journal of International & Comparative Law
The phenomena linked to the "internationalization" and "globalization" of the economy prompt the demand for uniform legal frameworks in supranational governance and encourage forms of “self-regulation”. This spontaneous attempt at harmonizing law at the supranational level is often prepared by market forces and comes to add to the classical legal models while leading to the emergence of a new lex mercatoria.
The aim of this paper is to analyze the openings of the European system to the transnational production of law identified under the term "new lex mercatoria" by verifying all the factors that allow its sources of law to ...
Letter From The Editer,
2018
University of Notre Dame Law School
Letter From The Editer, Annie Bach Yen Nguyen
Notre Dame Journal of International & Comparative Law
The Notre Dame Journal of International and Comparative Law, Volume 8, Issue 2 (2018).
Increasing International Legal Protections For Freedom Of Expression,
2018
Notre Dame Law School
Increasing International Legal Protections For Freedom Of Expression, Alan Wehbé
Notre Dame Journal of International & Comparative Law
The international community seems to largely agree on the fundamental nature of the freedom of expression. Even countries that do not seem, in practice, to respect the freedom of expression still tend to ratify, sign, or be party to international instruments to that end. This duality tends to simplify the legal argument, but complicate the actual practice for promoting freedom of expression worldwide. For those who agree that the United States is a leader in international affairs, shift towards a more definitive State practice reinforcing the freedom of expression is an easy sell. For those who dispute whether the United ...
Masthead Volume 8,
2018
Notre Dame Law School
Masthead Volume 8
Notre Dame Journal of International & Comparative Law
No abstract provided.
The Need For A Supranational Organization In Foreign Investment,
2018
Notre Dame Law School
The Need For A Supranational Organization In Foreign Investment, David M. Howard
Notre Dame Journal of International & Comparative Law
While the World Trade Organization (“WTO”) does not regulate the field of foreign investment, the WTO has tried to negotiate multilateral rules on foreign investment in the past, and there are other current international agreements that contain investment provisions designed to regulate foreign investment. Even though the previous multilateral investment agreement negotiations did not come to fruition, some scholars still believe there are several practical reasons for the WTO to regulate investment. Most significantly, trade and investment are strongly linked in our globalizing world and both are complements one another, with an increase in one corresponding to an increase in ...
Refugees In The European Union: The Harsh Reality Of The Dublin Regulation,
2018
University of Notre Dame Law School
Refugees In The European Union: The Harsh Reality Of The Dublin Regulation, Lana Maani
Notre Dame Journal of International & Comparative Law
The refugee crisis is a highly contested and controversial issue. The world, and specifically Europe, has seen a rapid increase in the number of refugees applying for asylum. In fact, the European Union (“EU”) has received well over one million refugees: the highest number of refugees since the Second World War. The crisis is testing the EU’s main building blocks, including, most importantly, its Member States’ notion of an ever-closer union. Some Member States have been more responsive to the crisis than others. For example, Germany is the highest refugee hosting country in the EU. On the other hand ...
The Paris Agreement: Its Role In International Law And American Jurisprudence,
2018
University of Notre Dame Law School
The Paris Agreement: Its Role In International Law And American Jurisprudence, Kayla Clark
Notre Dame Journal of International & Comparative Law
The Paris Agreement is the most articulate and influential international legal agreement on climate change to date. However, despite record breaking levels of international participation, the future of the Agreement remains uncertain. United States President Donald Trump's decision to remain a part of the international community's efforts on climate change has the potential to affect the scope and scale of this acclaimed treaty. In this note, I discuss the development of the Paris agreement as compared to the Kyoto Protocol, and how its construction promises to facilitate successful implementation. Additionally, given the United States' prominent international role, I ...
The Blessing Of Talent And The Curse Of Poverty: Rectifying Copyright Law's Implementation Of Authors' Material Interests In International Human Rights Law,
2018
University of Groningen
The Blessing Of Talent And The Curse Of Poverty: Rectifying Copyright Law's Implementation Of Authors' Material Interests In International Human Rights Law, Saleh Al-Sharieh
Notre Dame Journal of International & Comparative Law
The International Covenant on Economic, Social and Cultural Rights (ICESCR) grants authors the right to the protection of the material interests resulting from their intellectual works. The Committee on Economic, Social and Cultural Rights interpreted these interests to comprise the ability to achieve an adequate standard of living (as a minimum). This paper argues that copyright law provides a useful yet incomplete model for the protection of authors’ material interests. Copyright creates the legal environment necessary for establishing a market for intellectual works but does not guarantee its benefits to authors. Therefore, States Parties to the ICESCR should both tailor ...
Combating Statelessness In The Wake Of The Syrian Conflict: A Right Without A Remedy,
2018
University of Notre Dame Law School
Combating Statelessness In The Wake Of The Syrian Conflict: A Right Without A Remedy, Tim Schultz
Notre Dame Journal of International & Comparative Law
In the wake of the Syrian Civil War, millions of persons have been displaced from their homes. As desperate families flee zones of conflict, they leave all but their most precious belongings behind, in search of safety in neighboring countries. The path to safety and security, however, is a dangerous one. Displaced persons must traverse national borders, military checkpoints, and journey great distances to find safe haven. Unfortunately, Syrian families often do not carry identification documents to establish a legal recognition of their nationality in foreign lands. Consequently, this population of refugees is left vulnerable to the ugly reality of ...
Masthead,
2018
University of Miami Law School
Front Matter And Table Of Contents,
2018
University of Miami Law School
Front Matter And Table Of Contents
University of Miami Inter-American Law Review
No abstract provided.
Custody Rights Of Same-Sex Couples In The United States V. Chile: More Progress Needed,
2018
University of Miami Law School
Custody Rights Of Same-Sex Couples In The United States V. Chile: More Progress Needed, Isabel Jolicoeur
University of Miami Inter-American Law Review
No abstract provided.
Brazil’S Zika Epidemic And Its Effects On The Criminalization Of Abortion,
2018
University of Miami Law School
Brazil’S Zika Epidemic And Its Effects On The Criminalization Of Abortion, Laura M. Monteiro
University of Miami Inter-American Law Review
No abstract provided.
Protecting Against Protectionism: Commisa V. Pemex,
2018
University of Georgia School of Law
Protecting Against Protectionism: Commisa V. Pemex, Victoria Aynne Barker
Georgia Journal of International & Comparative Law
No abstract provided.
An Attempt To Evade Liability: Australia's Role In Detention Center Abuse And The Refoulement Of Sri Lankan Asylum Seekers In The Context Of The Convention Against Torture,
2018
University of Georgia School of Law
An Attempt To Evade Liability: Australia's Role In Detention Center Abuse And The Refoulement Of Sri Lankan Asylum Seekers In The Context Of The Convention Against Torture, Carson Masters
Georgia Journal of International & Comparative Law
No abstract provided.
Cybersecurity And The Rights Of The Internet User In France,
2018
Augusta Judicial Circuit Law Office of the Public Defender
Cybersecurity And The Rights Of The Internet User In France, Jennifer Cross
Georgia Journal of International & Comparative Law
No abstract provided.
