Indefinite Detention At Guantánamo: How The National Defense Authorization Act Results In Indefinite Detention In Violation Of International Human Rights, 2023 Brooklyn Law School
Indefinite Detention At Guantánamo: How The National Defense Authorization Act Results In Indefinite Detention In Violation Of International Human Rights, Molly Turro
Brooklyn Journal of International Law
The majority of the remaining detainees at Guantánamo Bay have been cleared for transfer to other countries. Provisions of the National Defense Authorization Act that prohibit government funds to be used for transfer and reinforce the United States government’s authority to detain enemy combatants until the end of active hostilities have left these detainees waiting in limbo to be transferred elsewhere. The following piece argues that the resulting indefinite detention that these Guantánamo detainees face is both a violation of international human rights and an unnecessary financial burden on the US government. This Note compares the approach taken by the …
Proportionality V. Categorization: The Issue Of Judicial Balancing Of Rights, 2023 American University in Cairo
Proportionality V. Categorization: The Issue Of Judicial Balancing Of Rights, Akram Mohamed
Theses and Dissertations
The fact that there is a constant conflict between individual rights and state or social interests has historically provoked the question of how to balance or harmonize such conflicting interests? On what basis shall the legislator or the judge decide in favor of this or that right in his legislation or judgement? Where shall we, for example, draw the line between the right to freedom of expression and the right to protect one’s honor and reputation? How could the legislator find the compromise between the state duty to protect fetus life and its obligation not to interfere with woman’s right …
The Reluctant Lawmaker. The European Union And The Regulation Of Gambling Between The Principle Of Free Circulation Of Services And Member States Prerogatives, 2023 University of Turin
The Reluctant Lawmaker. The European Union And The Regulation Of Gambling Between The Principle Of Free Circulation Of Services And Member States Prerogatives, Nadia Coggiola Ph.D
International Conference on Gambling & Risk Taking
Abstract
Although the European Union legislator is generally very keen to rely primarily and sometimes even exclusively on economic considerations, and therefore to generally protect consumers’ interests, this attitude is largely different when gambling issues are a stake.
In fact, even if it is generally undisputed, also by the same European Union legislator, that authorized gambling contracts are to be considered as consumers’ contracts, when facing the regulation of gambling contracts, the European Union often restrains from using all of its legislative powers.
As a consequence, the European legislation on consumer’s contracts generally explicitly exclude from its application gambling contracts, …
A Path To Achieve European Energy Security, 2023 Fordham University
A Path To Achieve European Energy Security, Nicholas Wolf
Student Theses 2015-Present
The apparatus of Europe’s energy security has collapsed. The Russian Federation’s invasion of Ukraine, hydrocarbon market turmoil, and the ever-growing threat of climate change has thrust the continent into crisis. As the risks of severe recession, acute energy shortages, and climatic disasters have begun to materialize, the member states of the European Union (EU) have been left scrambling to secure novel energy supplies. In the short-term, these developments pose severe risks to the EU and its member states. Yet, opportunity often presents itself in the midst of hardship, and the European Energy Crisis of 2022 is no different. This essay …
Privacy Is Not Dead: Expressively Using Law To Push Back Against Corporate Deregulators And Meaningfully Protect Data Privacy Rights, 2023 University of Georgia School of Law
Privacy Is Not Dead: Expressively Using Law To Push Back Against Corporate Deregulators And Meaningfully Protect Data Privacy Rights, Alexander F. Krupp
Georgia Law Review
When the European Union’s (EU) General Data Protection Regulation (GDPR) passed in 2016, it represented the world’s first major comprehensive data privacy law and kicked off a conversation about how we think about the right to privacy in the modern age. The law granted a broad range of rights to EU citizens, including a right to have companies delete data they collect about you, a right not to have your personal information sold, and a range of other rights all geared towards individual autonomy over personal data. All the while, platform companies like Facebook (Meta), Apple, and Amazon have taken …
Constitutional Patriotism As Europe’S Public Philosophy? On The Responsiveness Of Post-National Law, 2023 University at Buffalo School of Law
Constitutional Patriotism As Europe’S Public Philosophy? On The Responsiveness Of Post-National Law, Paul Linden-Retek
Contributions to Books
Published as Chapter 13 in Constitutional Patriotism as Europe’s Public Philosophy? On the Responsiveness of Post-National Law, Jan Komárek, ed.
This chapter critiques Jürgen Habermas’s concept of constitutional patriotism—and its basis in his discourse theory of democracy and law—from the analytic perspective of ‘constitutional imaginaries’, and details the consequences of this critique for the constitutional discourse of the contemporary European judiciary. In the first instance, analysis of constitutional imaginaries reveals the extent to which civic attachment to constitutional law is oriented not merely to legal principles simpliciter but also to the historical settlement of political conflict those principles reflect. This …
Supporting Compliance Of Occupational Safety And Health Requirements - European Labour Inspection Systems Of Sanctions And Standardised Measures, 2023 Technological University Dublin
Supporting Compliance Of Occupational Safety And Health Requirements - European Labour Inspection Systems Of Sanctions And Standardised Measures, Victor Hrymak
Articles
European legislation for occupational safety and health (OSH) is based on the prevention of accidents and ill health. Apart from European directives, all Member States have national laws and strategies and expect enterprises to implement this preventative ethos, and thereby ensure adequate performance in OSH. Labour Inspectorates monitor and if necessary enforce these laws by deploying individual Labour Inspectors to chosen enterprises. If workplace safety and health conditions are found to be substandard, Labour Inspectors are expected to improve the situation using persuasion and, if necessary, their authority to compel enterprises through specific sanction powers. Bruhn (2009) describes this interaction …
Bearer Negotiable Instruments: Addressing A Financial Intelligence Gap And Identifying Criminogenic Weaknesses, 2023 The Graduate Center, City University of New York
Bearer Negotiable Instruments: Addressing A Financial Intelligence Gap And Identifying Criminogenic Weaknesses, Hollis B. Kegg
Dissertations, Theses, and Capstone Projects
Bearer Negotiable Instruments (BNI) are a long-standing category of financial instruments used to transfer large amounts of money in ways that may not be subject to regulation, reporting, tracking, review, or oversight. There is limited information available on BNIs, and no evidence that any studies have been undertaken on BNIs alone, much less reported. Increasingly, BNIs are being used for illegal purposes including money laundering. This study gathers information about their characteristics, nature, purpose, legal status, and numbers. It also focuses on the crime risks associated with BNIs, the crime opportunities they facilitate, and the criminal weaknesses in the financial …
European Union Food Law Update, 2023 Coutrelis & Associates
European Union Food Law Update, Nicole Coutrelis
Journal of Food Law & Policy
Update on new developments in European food law.
Sickeningly Sweet: Analysis And Solutions For The Adverse Dietary Consequences Of European Agricultural Law, 2023 UCLA School of Law
Sickeningly Sweet: Analysis And Solutions For The Adverse Dietary Consequences Of European Agricultural Law, Emile K. Aguirre
Journal of Food Law & Policy
Sixty-nine percent of adults in the United States, sixty-four percent in the United Kingdom, and over one-third worldwide are overweight or obese. These staggering figures continue to grow, with accompanying emotional, physical, and economic consequences, both for individuals and society as a whole. The role law plays in facilitating this global trend is significant, and yet puzzlingly, little recognized or understood The current food system is profoundly structurally flawed: it establishes unhealthy dietary behaviors as the default option for consumers. This Article is the first to examine how agricultural law has facilitated these unhealthier diets for the past fifty years, …
“Can I Post This?”: A Call For Nuanced Interpretation Of Dmca Enforcement In The Age Of Social Media, 2023 Fordham University School of Law
“Can I Post This?”: A Call For Nuanced Interpretation Of Dmca Enforcement In The Age Of Social Media, Erin E. Bronner
Fordham Law Review
This Note advances recent scholarship critiquing the notice-and-takedown procedures used by online service providers (OSPs) under the safe-harbor provision of the Digital Millennium Copyright Act (DMCA)—specifically in the context of user-generated content (UGC) posted by end users on social media. Rights holders have increasingly put legal pressure on technology platforms to fortify their copyright protection mechanisms. Over the past decade, this imperative has manifested through an increased use of automated content recognition (ACR) technology to remove allegedly infringing UGC. ACR technology has gradually overtaken the manual, human review of UGC that the DMCA envisioned.
However, reliance on mass automated takedowns …
Europe's Digital Constitution, 2023 Columbia Law School
Europe's Digital Constitution, Anu Bradford
Faculty Scholarship
This Article uncovers the fundamental values underlying the European Union’s expansive set of digital regulations, which in aggregate can be viewed as Europe’s “digital constitution.” This constitution engrains Europe’s human-centric, rights-preserving, democracy-enhancing, and redistributive vision for the digital economy into binding law. This vision stands in stark contrast to the United States, which has traditionally placed its faith in markets and tech companies’ self-regulation. As a result, American tech companies today are regulated primarily by Brussels and not by Washington. By highlighting the distinctiveness and the global reach of the European digital constitution, this Article challenges the common narrative that …
Managing Digital Resale In The Era Of International Exhaustion, 2023 Indiana University Maurer School of Law
Managing Digital Resale In The Era Of International Exhaustion, Seth Niemi
Indiana Journal of Global Legal Studies
The Copyright Act of 1970 and Directive 2001/29/EC of the European Parliament both guarantee copyright holders’ exclusive rights of reproduction and distribution of their copyrighted material. Starting from a similar statutory basis, United States and European Union courts have diverged in their interpretation of these protections with respect to the first sale rule for digital goods. This paper analyzes the treatment of such “digital exhaustion” arguments under copyright law between the two legal systems from both the statutory interpretations employed and the policy rationales considered. The paper concludes by discussing the implications of adoption of digital exhaustion, within international law, …
Towards Critical Environmental Justice Approach In Multicultural Divided States: Lessons From The Israeli Regulative System, 2023 Fordham Law School
Towards Critical Environmental Justice Approach In Multicultural Divided States: Lessons From The Israeli Regulative System, Manal Totry-Jubran
Fordham Environmental Law Review
This article draws upon the evolving framework of the Critical Environmental Approach in examining the conceptualization and manifestation of the Environmental Justice approach and its pillars within the regulatory system of multicultural and divided societies. These are states comprised of marginalized ethnic and minority groups that frequently face instances of social and environmental injustice. Employing this perspective through a case study show that gradual and anecdotic but unorganized and incoherent incorporation of Environmental Justice pillars lacks the capacity to effectively address long-standing historical environmental injustices and fails to challenge the prevailing social framework. In fact, it runs the risk of …
Oh, To Be A Barbarian! Reclaiming Medieval Law And The Exceptional Individual, 2023 Bard College
Oh, To Be A Barbarian! Reclaiming Medieval Law And The Exceptional Individual, Huba F. Zaman
Senior Projects Spring 2023
The desire for the exceptional individual represented is analyzed in this project. The texts in this senior project represent how it is the systems of governance in place, especially during the medieval era in the East and Western-Europe, that celebrate this paradoxical position that the exceptional individual holds within the confines of a structured society. They embrace the chaos these exceptional individuals represent in a way that modern day justice systems find it hard to fathom. The Western-European feudal system encourages hero figures, like Roland, Lancelot, and William Marshal, to emerge from the average honorable man. Similarly in a system …
Intra-Eu Investment Disputes And The Monopoly Over The Interpretation Of Eu Law, 2023 Columbia Law School
Intra-Eu Investment Disputes And The Monopoly Over The Interpretation Of Eu Law, Petros C. Mavroidis, Frederico Ortino
Faculty Scholarship
Following a recent European Charter Treaty (“ECT”) decision, it appears that the fate of intra-EU investment disputes, when adjudicated in fora other than the Luxembourg courts, is finally all but sealed. In Green Power, an arbitration tribunal confirmed prior decisions taken in different jurisdictions that there is no room for adjudicating intra-EU investment disputes away from Luxembourg. This decision sided with the approach already developed by the Court of Justice of the European Union (“CJEU”) in three decisions, namely, Achmea, Komstroy, and PL Holdings, which in turn led to legislative action by the Energy Charter Treaty aiming to put an …
Global Issues In A Globalized World: The Unescapable Dialogue Between SharīʿA And The Constitution, 2023 West Virginia University (WV, USA); gLAWcal - Global Law Initiatives for Sustainable Development (UK); University of Pittsburgh School of Law (PA, USA)
Global Issues In A Globalized World: The Unescapable Dialogue Between SharīʿA And The Constitution, Paolo Davide Farah
Book Chapters
In an increasingly globalized world, a world in flux, which is constantly subject to rapid circulation of information, change is a dimension that we all experience in our lives with ever increasing frequency. Change, be it that of customs and fashion or that of laws and systems of government, is something which now seems impossible to escape. Change is an integral part of our unstable contemporaneity.
This is not only a continuous change but also a rapid one. In such a social and political environment, at a global and local level, it is more and more difficult to find a …
“What’S Past Is Prologue”: The Story Of The Sale Of The University Of Puget Sound School Of Law To Seattle University, 2023 Seattle University School of Law
“What’S Past Is Prologue”: The Story Of The Sale Of The University Of Puget Sound School Of Law To Seattle University, Annette E. Clark
Seattle University Law Review
When the Seattle University Law Review editorial staff invited me to write an updated history of the Seattle University School of Law in honor of our 50th anniversary, I planned to start the narrative with the year 1989, which was where the prior written history (authored by former Law Library Director Anita Steele and published by the Law Review) had left off. It also happens to be the year when I graduated from this law school and joined the tenure-track faculty, so 1989 seemed like a propitious place to begin. However, as I began to do the research necessary to …
Gender And The Constitutional Theory Of The Firm, 2023 Seattle University School of Law
Gender And The Constitutional Theory Of The Firm, Jamee K. Moudud
Seattle University Law Review
This Article adds to the literature that has linked feminist economics to foreign trade and development. It argues that two key factors need to be in place jointly if efforts to promote gender equity are to succeed. On the one hand it argues that foreign debt is an important constraint to domestic progressive social policies of all kinds as it increases the power of international creditors who generally tend to support austerity policies. On the other hand, while alleviating the burden of foreign debt via exportpromotion policies is necessary, it is by no means a sufficient condition to promote domestic …
Table Of Contents, 2023 Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents