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The Road Beyond Kiobel: The Fifth Circuit's Decision In Adhikari V. Kellogg Brown & Root, Inc. And Its Implications For The Alien Tort Statute, Vasundhara Prasad 2018 Boston College Law School

The Road Beyond Kiobel: The Fifth Circuit's Decision In Adhikari V. Kellogg Brown & Root, Inc. And Its Implications For The Alien Tort Statute, Vasundhara Prasad

Boston College Law Review

On January 3, 2017, in Adhikari v. Kellogg Brown & Root, Inc., the U.S. Court of Appeals for the Fifth Circuit held that the Alien Tort Statute (“ATS”) did not provide jurisdiction for claims brought against a U.S. military contractor for torts committed in Iraq. In foreclosing plaintiffs’ claims, the Fifth Circuit held that the presumption against the ATS’s extraterritorial application barred claims for injuries occurring outside the United States’ territory. In so ruling, the court created a circuit split with the Fourth Circuit, which in Al Shimari v. CACI Premier Technology, Inc. held that the ATS provided ...


Home Sweet Home? Determining Habitual Residence Within The Meaning Of The Hague Convention, Morgan McDonald 2018 Boston College Law School

Home Sweet Home? Determining Habitual Residence Within The Meaning Of The Hague Convention, Morgan Mcdonald

Boston College Law Review

In becoming a signatory to The Hague Convention on International Child Abduction, the United States agreed to expeditiously return all internationally abducted children to the country of their habitual residence, such that that nation may determine the merits of any underlying custody disputes. The Convention failed, however, to instruct American courts as to how to determine a child’s habitual residence. This has resulted in a split among circuits as to whether habitual residence should be determined using objective evidence of the child’s perspective, subjective evidence of parental intent, or some combination. In 2017, the Eighth Circuit held in ...


Diagonal Public Enforcement, Zachary D. Clopton 2018 Cornell Law School

Diagonal Public Enforcement, Zachary D. Clopton

Cornell Law Faculty Publications

Civics class teaches the traditional mode of law enforcement: The legislature adopts a regulatory statute, and the executive enforces it in the courts. But in an increasingly interconnected world, a nontraditional form of regulatory litigation is possible in which public enforcers from one government enforce laws adopted by a second government in the second government’s courts. That is, one government provides the executive while the second provides the legislature and the judiciary. I call this nontraditional form “diagonal public enforcement.”

Although diagonal public enforcement has escaped systematic study, one can find examples in U.S. courts going back more ...


Doctrine On The Run: The Deepening Circuit Split Concerning Application Of The Fugitive Disentitlement Doctrine To Foreign Nationals, Chloe S. Booth 2018 Boston College Law School

Doctrine On The Run: The Deepening Circuit Split Concerning Application Of The Fugitive Disentitlement Doctrine To Foreign Nationals, Chloe S. Booth

Boston College Law Review

The circuits are currently split on applying the fugitive disentitlement doctrine to a defendant who is a foreign national who resides outside of the United States and is being prosecuted in the United States for conduct that occurred elsewhere. The doctrine provides that a fugitive is prohibited from seeking relief from the justice system whose jurisdiction and authority they evade. Appropriate application of the doctrine is particularly important to foreign defendants as it affects their ability to travel outside of their home country, maintain employment, and protect their personal reputation. This Note discusses the evolution of the fugitive disentitlement doctrine ...


Memorial Essay In Honor Of Professor Emeritus Joseph Webb Mcknight: Yet Another Historical Joinder Between Texas And Mexico: The Ongoing Nafta Saga, Joseph J. Norton 2018 Southern Methodist University

Memorial Essay In Honor Of Professor Emeritus Joseph Webb Mcknight: Yet Another Historical Joinder Between Texas And Mexico: The Ongoing Nafta Saga, Joseph J. Norton

SMU Law Review

No abstract provided.


Subsidiarity In Principle: Decentralization Of Water Resources Management, Ryan Stoa 2018 Concordia Univeristy School of Law

Subsidiarity In Principle: Decentralization Of Water Resources Management, Ryan Stoa

Ryan B. Stoa

In this article, three countries' experiences with decentralized water resources management are profiled. Comparative analysis provides an illustration of some of the challenges that countries may face when implementing decentralized water laws and policies. In particular, the case studies demonstrate that income levels and financial resources play a significant role in the success of decentralized water resources management. In Haiti, decentralization policies have been largely ineffective, as statutory authorization for water resources management at both national and local levels has not been coupled with the financial or human resources required to effectively manage water resources. A similar story is being ...


Comparative Cannabis: Approaches To Marijuana Agriculture Regulation In The United States And Canada, Ryan Stoa 2018 Concordia Univeristy School of Law

Comparative Cannabis: Approaches To Marijuana Agriculture Regulation In The United States And Canada, Ryan Stoa

Ryan B. Stoa

The United States and Canada may be friends and allies, but the two countries' approaches to the regulation of marijuana agriculture have not evolved in tandem. On the contrary, their respective paths toward legalization and regulation of marijuana agriculture are remarkably divergent. In the United States, where marijuana remains a federally prohibited and tightly-controlled substance, legalization and regulation have remained the province of state legislatures and their administrative agencies for decades. In Canada, a succession of court cases paving the way toward medicinal marijuana use has prompted the federal government to develop a national framework committed to "legalize, regulate, and ...


African Courts And Separation Of Powers: A Comparative Study Of Judicial Review In Uganda & South, Joseph M. Isanga 2018 Concordia University School of Law

African Courts And Separation Of Powers: A Comparative Study Of Judicial Review In Uganda & South, Joseph M. Isanga

Joseph Isanga

Achieving political stability in a transitional democracy is a fundamental goal, the resoluteness of which is in part maintained by courts of judicial review that are independent from political bias and devoid of deference to traditionally more powerful branches of government. The recent democratic transitions occurring in the African nations of South Africa and Uganda provide a unique, contemporary insight into the formation of a constitutional jurisprudence. This study is an examination of pivotal cases decided by the Constitutional Courts of South Africa and Uganda, the roles that these decisions play in political stability, and the potential for political bias ...


African Judicial Review, The Use Of Comparative African Jurisprudence, And The Judicialization Of Politics, Joseph M. Isanga 2018 Concordia University School of Law

African Judicial Review, The Use Of Comparative African Jurisprudence, And The Judicialization Of Politics, Joseph M. Isanga

Joseph Isanga

This Article examines African constitutional courts’ jurisprudence—that is, jurisprudence of courts that exercise judicial review—and demonstrates the increasing role of sub-Saharan Africa’s constitutional courts in the development of policy, a phenomenon commonly referred to as 'judicialization of politics' or a country’s 'judicialization project.' This Article explores the jurisprudence of constitutional courts in select African countries and specifically focuses on the promotion of democracy, respect for human rights, and the rule of law, and presupposes that although judges often take a positivist approach to adjudication, they do impact policy nevertheless. The use of judicial review in Africa ...


Mulieris Dignitatem, Ephesians 5, And Domestic Violence, Joseph M. Isanga 2018 Concordia University School of Law

Mulieris Dignitatem, Ephesians 5, And Domestic Violence, Joseph M. Isanga

Joseph Isanga

This Article considers the contribution of Pope John Paul II’s apostolic letter On the Dignity and Vocation of Women to the deeper understanding of women’s dignity as it relates to the process of articulating and rearticulating international women’s rights, with particular attention on domestic violence.2 This letter, Mulieris Dignitatem, brings together some of the Catholic Church’s most important teachings on gender equality. This Article delineates norms articulated in Mulieris Dignitatem that can inform international standards regarding the protection of women from domestic violence. To date there are no legally binding global human rights instruments that ...


Kadhi's Courts And Kenya's Constitution: An International Human Rights Perspective, Joseph M. Isanga 2018 Concordia University School of Law

Kadhi's Courts And Kenya's Constitution: An International Human Rights Perspective, Joseph M. Isanga

Joseph Isanga

This article examines Kenya's international human rights obligations and finds that there is support for religious courts, provided relevant human rights guarantees are ensured. Kenya's Kadhi's courts have existed in the constitution since independence from the British. So why do some religious groups now oppose them or their enhancement under Kenya's Constitution? Opponents of Kadhi's courts advance, inter aha, the following arguments. First, Kadhi's courts provisions favour one religion and divide Kenyans along religious lines. Second, they introduce Sharia law. Third, the historical reasons for their existence have been overtaken by events. Fourth, non-Muslims ...


Foundations Of Human Rights And Development: A Critique Of African Human Rights Instruments, Joseph M. Isanga 2018 Concordia University School of Law

Foundations Of Human Rights And Development: A Critique Of African Human Rights Instruments, Joseph M. Isanga

Joseph Isanga

This Article argues that, of the contemporary human rights theories, sustainable African development necessitates grounding human rights in complete alignment with the broader perspective of natural law theory, as opposed to narrower perspectives such as utilitarian, positivist, and kindred theories.3 Part I presents pertinent philosophical theories and modes of analysis in conjunction with general international legal jurisprudence. Part II then uses this philosophical analysis to examine specific African human rights instruments and jurisprudence. Part III considers African traditional human rights conceptions. Part IV recommends a natural law foundation for African development. [excerpt]


Tax Compliance In A Decentralizing Economy, Manoj Viswanathan 2018 University of California Hastings College of Law

Tax Compliance In A Decentralizing Economy, Manoj Viswanathan

Georgia State University Law Review

Tax compliance in the United States has long relied on information from centralized intermediaries—the financial institutions,employers, and brokers that help ensure income is reported and taxes are paid. Yet while the IRS remains tied to these centralized entities,consumers and businesses are not. New technologies, such as sharing economy platforms (companies such as Airbnb, Uber, and Instacart)and the blockchain (the platform on which various cryptocurrencies are based) are providing new, decentralized options for exchanging goods and services.

Without legislative and agency intervention, these technologies pose a critical threat to the reporting system underlying domestic and international tax ...


Cracking Shells: The Panama Papers & Looking To The European Union's Anti-Money Laundering Directive As A Framework For Implementing A Multilateral Agreement To Combat The Harmful Effects Of Shell Companies, Nicholas Vail 2018 Texas A&M University School of Law

Cracking Shells: The Panama Papers & Looking To The European Union's Anti-Money Laundering Directive As A Framework For Implementing A Multilateral Agreement To Combat The Harmful Effects Of Shell Companies, Nicholas Vail

Texas A&M Law Review

In early 2016, the International Consortium of Investigative Journalists released a report detailing thousands of leaked documents demonstrating how a Panamanian law firm had, for years, helped wealthy clients conceal their financial activities through the use of offshore shell companies. The Panama Papers, as the leaked documents came to be known, directed renewed attention at the use of shell companies. Shell companies are used by the world’s wealthy and powerful to lower their taxes, but are also used by tax evaders, criminal organizations, and terrorists. While much of the renewed attention has been directed at offshore tax havens such ...


Fulfilling U.S. Commitment To Refugee Resettlement: Protecting Refugees, Preserving National Security, & Building The U.S. Economy Through Refugee Admissions, Harvard Immigration and Refugee Clinical Program 2018 Texas A&M University School of Law

Fulfilling U.S. Commitment To Refugee Resettlement: Protecting Refugees, Preserving National Security, & Building The U.S. Economy Through Refugee Admissions, Harvard Immigration And Refugee Clinical Program

Texas A&M Law Review

At a time when the U.S. refugee admissions program is under serious threat and the world’s displaced population is at its highest, this Report sets forth extensive recommendations regarding the United States’ role in protecting vulnerable refugees and compliance with its commitments under domestic and international law that together safeguard people fleeing persecution and fearing return to torture. The Report also identifies key national security reasons for supporting and enhancing the refugee program in keeping with U.S. foreign policy priorities. Additionally, the Report provides an in-depth discussion of the robust, multistep security-assessment mechanisms already in place for ...


Disproportionate Realities: The Climate Justice Implications Of Mitigation Policies Across Scales, Tinuviel Carlson 2018 The University of San Francisco

Disproportionate Realities: The Climate Justice Implications Of Mitigation Policies Across Scales, Tinuviel Carlson

Undergraduate Honors Theses

Global climate change will have disproportionate effects on low-income and minority communities around the world producing important justice challenges. As national governments increasingly rely on local governments, civil society, and private transnational actors to establish and implement climate actions policies, it is important to assess whether and how these newly emergent actors can address these justice challenges. First this thesis examines concepts of justice in relation to climate change across different scales in order to develop a comprehensive conceptual framework of climate justice. This conceptual framework expands the scale of the international climate justice movement address local concerns. Further, the ...


Targeting Of Persons: The Contemporary Challenges, Charles J. Dunlap Jr. 2018 Duke Law School

Targeting Of Persons: The Contemporary Challenges, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


Undocumented Citizens Of The United States: The Repercussions Of Denying Birth Certificates, Anna L. Lichtenberger 2018 St. Mary's University School of Law

Undocumented Citizens Of The United States: The Repercussions Of Denying Birth Certificates, Anna L. Lichtenberger

St. Mary's Law Journal

Abstract forthcoming


Plata O Plomo: Effect Of Mexican Transnational Criminal Organizations On The American Criminal Justice System, Mark M. McPherson 2018 St. Mary's University School of Law

Plata O Plomo: Effect Of Mexican Transnational Criminal Organizations On The American Criminal Justice System, Mark M. Mcpherson

St. Mary's Law Journal

Abstract forthcoming


Loss Of Human Capital: Corporate Transactions And Their Impact On The L-1 Visa For Employees, Constanza Mundt 2018 Touro College Jacob D. Fuchsberg Law Center

Loss Of Human Capital: Corporate Transactions And Their Impact On The L-1 Visa For Employees, Constanza Mundt

Touro Law Review

No abstract provided.


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