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Dispute Settlement Under The Next Generation Of Free Trade Agreements, Kathleen Claussen 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, Donald L. Beschle 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, Gabriella Saputelli 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, Annie Bach Yen Nguyen 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, Alan Wehbé 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, David M. Howard 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, Lana Maani 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, Kayla Clark 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, Saleh Al-Sharieh 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, Tim Schultz 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

Masthead

University of Miami Inter-American Law Review

No abstract provided.


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, Isabel Jolicoeur 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, Laura M. Monteiro 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, Victoria Aynne Barker 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, Carson Masters 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, Jennifer Cross 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.


Entering The Trump Ice Age: Contextualizing The New Immigration Enforcement Regime, Bill Ong Hing 2018 University of San Francisco

Entering The Trump Ice Age: Contextualizing The New Immigration Enforcement Regime, Bill Ong Hing

Texas A&M Law Review

During the early stages of the Trump ICE age, America seemed to be witnessing and experiencing an unparalleled era of immigration enforcement. But is it unparalleled? Did we not label Barack Obama the “deporter-inchief?” Was it not George W. Bush who used the authority of the Patriot Act to round up nonimmigrants from Muslim and Arab countries, and did his ICE not commonly engage in armed raids at factories and other worksites? Are there not strong parallels that can be drawn between Trump enforcement plans and actions and those of other eras? What about the fear and hysteria that seems ...


Fiction In The Code: Reading Legislation As Literature, Thomas J. McSweeney 2018 William and Mary Law School

Fiction In The Code: Reading Legislation As Literature, Thomas J. Mcsweeney

Georgia State University Law Review

One of the major branches of the field of law and literature is often described as “law as literature.” Scholars of law as literature examine the law using the tools of literary analysis. The scholarship in this subfield is dominated by the discussion of narrative texts: confessions, victim-impact statements, and, above all, the judicial opinion. This article will argue that we can use some of the same tools to help us understand non-narrative texts, such as law codes and statutes.

Genres create expectations. We do not expect a law code to be literary. Indeed, we tend to dissociate the law ...


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