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Volume 13, Issue 1 - Full Issue, Journal Of International & Comparative Law, Notre Dame Law School

Notre Dame Journal of International & Comparative Law

No abstract provided.

Prosecuting Russian Leaders For War Crimes (Oct. 24, 2021 Broadcast), Talking Foreign Policy

Case Western Reserve Journal of International Law

No abstract provided.

“Fundamental Fairness”: Finding A Civil Right To Counsel In International Human Rights Law, Meredith Elliot Hollman

Law Student Publications

Every other Western democracy now recognizes a right to counsel in at least some kinds of civil cases, typically those involving basic human rights. The World Justice Project’s 2021 Rule of Law Index ranked the United States 126th of 139 countries for “People Can Access and Afford Civil Justice.” Within its regional and income categories, the United States was dead last. The United Nations and other international treaty bodies have urged the United States to improve access to justice by providing civil legal aid. How did we fall behind, and what can we learn from the rest of the world? …

Legal Perspectives On The Streaming Industry: The United States, Irene Calboli

Faculty Scholarship

In the past decade, streaming has become one of the most popular formats of “consuming” entertainment and other content—from music to videos, and concerts, sports, conferences, and other events. In the United States, the majority of consumers subscribe to one or more streaming services today. Popular streaming services include famous platforms such as Spotify, Netflix, Apple Music, or Apple TV, Pandora, YouTube, and more. Beside subscription-based services, several of these platforms offer “freemium,” or ad-paid version of their services, which allow users to access content with advertisements for free. As elaborated in several industry reports and other publications, the rise …

Case Global: International Impact, Case Western Reserve University School Of Law

Case Global Newsletter

Vol. 14, No. 1 (2022)

• International Impact: From the Hague to the United Nations, the Cox Center influences justice around the world (cover)
• CWRU law students excel in global moot court competitions
• Supreme Court follows reasoning of CWRU amicus brief
• Invaluable international experience
• Learning the law through classic TV: Star Trek and international law
• Alumni spotlight (Kevin G. Nealer (LAW ‘78)

Theorizing Responsibility In The Investor State Dispute Resolution System, Kristen Boon

St. John's Law Review

(Excerpt)

The Investor-State Dispute System (“ISDS”) permits investors to sue states when their investments are injured. The system was designed to protect investors and impose responsibilities on states; it is uncontroversial to say that the ISDS system is one-sided. But a chorus of voices is now asking: should investors have responsibilities too? The narrative is one of injustice, driven by the perception that states have signed on to a system that has left them with large financial exposure to investors. This viewpoint has been reinforced, in the eyes of some, by the influence of big business, and by state losses …

China's Foreign Investment Law: Moving Toward Greater Liberalization?, Xianjun Feng, Chuanhui Wang

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Well-Known Signs: Models Of Disability In Early Modern Islamic Law And Current American, European, And Pakistani Jurisprudence, Elicia Shotland

Washington International Law Journal

Current American, European, and Pakistani legal structures are often insufficient to ensure rights of disabled people, particularly rights of equal access to courts and to act as a witness in court. As the disability rights movement gains ground, judges and legislation drafters are struggling to shift modes of jurisprudence from a medical model that conceptualized disability as a permanent physical affliction to the social model, which locates disability in an individual’s relation to their built and social environments. A review of historical records concerning deaf and hard of hearing participants in legal processes from the Ottoman Empire shows that the …

Customs Law, Luis F. Arandia, D. "Bonni" Van Blarcom, James Feroli, Greg Kanargelidis, Daniel L. Kiselbach, Kathleen M. Murphy, Matt Nakachi, Rebecca Rodriquez, Brian K. Rowlands, Zachary Silver

The Year in Review

No abstract provided.

The Exchange Of Recognition And Enforcement Of Foreign Judgments Between Saudi Arabia And The United States, Ibrahim Saleh Aloraini

Maurer Theses and Dissertations

Saudi Arabians and Americans face challenges when they seek to enforce judgments in each other’s country courts because of the absence of international conventions on recognition and enforcement of foreign country money judgments. The lack of such conventions impacts the aggrieved party interest for businesspeople and individuals from both countries, and no research has been found that discusses an agreement between the two counties on foreign judgments. Therefore, this dissertation focuses on the challenges parties face when they desire to enforce a judgment either in Saudi Arabia or the U.S. The study examines the laws that govern foreign country money …

Refoulement As Pandemic Policy, Haiyun Damon-Feng

Washington International Law Journal

COVID-19 restrictions on access to asylum likely violate non-refoulement obligations under international and federal law, and while they are extreme, they are not unique. There is a small but growing body of scholarly literature that rightly argues that such policies are pretextual covers used to enact restrictive immigration policy goals, but these arguments generally arise from an ahistorical perspective. This article positions restrictive COVID immigration policies in a broader historical context and argues that the United States has a long history of weaponizing fear of disease and contagion from migrants to justify restrictive immigration policies. The article offers a historical …

The Global Benefits Of The Law & Economics Framework In Legal Education: Overview (Part 1), Patrick H. Gaughan

Akron Law Review

This is the first in a series of articles that overarchingly proposes that the globalization of markets necessitates the integration of the Law & Economics Framework into legal education across all legal systems. The goal of this article is to introduce readers to the Law & Economics Framework by providing an overview of relevant terms, concepts, and historical background. This article discusses the interplay of lawyers and globalization; defines the Law & Economic Framework and its origins; details relevant principles of economics; and delves into some criticisms of the Framework. The remainder of the series will be devoted to demonstrating …

The Migrant Protection Protocols: Two Administrations, One Outcome, Alexandria Doty

Immigration and Human Rights Law Review

Immigrants have long seen the southern border of the United States as the last stop before they are able to enter the land of the free. The Department of Homeland Security, however, strives to make the southern border as inhospitable as possible to those hoping to cross. The Migrant Protect Protocols is the latest attempt from Washington to block access to the United States to immigrants who are detained by forcibly returning them to Mexico to await their deportation proceedings. While Americans have read stories of families being torn apart at the border or listened to interviews of politicians promising …

Canada, Angela E. Weaver, Honorable Del W. Atwood, Jacqueline Bart, Melissa N. Burkett, Sunita D. Doobay, Daniel G.C. Glover, Julia L. Johnson, Sergio R. Karas, Adam Mauntah, Taha Qureshi, Taylor Schappert, Carrie A. Wright

The Year in Review

No abstract provided.

Transnational Legal Practice, Laurel Terry

The Year in Review

No abstract provided.

An Ngo Input For The Special Rapporteur For The Human Rights Of Migrants To The Office Of The United Nations High Commissioner For Human Rights Report On Human Rights Violations At International Borders: Trends, Prevention, And Accountability, Katherine Kaufka Walts, Sarah J. Diaz, Abigail Mitchell

Center for the Human Rights of Children

The Center for the Human Rights of Children, in collaboration with Kids in Need of Defense (KIND) and the Young Center for Immigrant Children’s Rights (“Young Center”) submits this input in response to the call for submissions made by the Special Rapporteur on the Human Rights of Migrants to inform the forthcoming report to the 50th session of the Human Rights Council regarding the United States’ current border management policies that aim to prevent migration atthe southern border. This input will focus on United States’ push back methods, namely the recently reimplemented Migrant Protection Protocols (MPP) otherwise known as “Remain …

Is Popia Bad Business For South Africa? Comparing The Gdpr To Popia And Analyzing Popia’S Impact On Businesses In South Africa, Brea Jones

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

These Kids Need Lawyers: Why And How The United States Must Provide The Right To Appointed Counsel For Detained Unaccompanied Children, Adrielli Ferrer

San Diego International Law Journal

Children throughout the world are fleeing home situations of violence and seeking safety in the United States. Some children begin their migration with their families, only to find that some family members do not survive the journey, while others are separated by the United States government upon arrival. Some children are so driven by fear and desperation that they flee without family at all. Alone in the United States, unaccompanied children are a hyper vulnerable population. Exacerbating matters, upon encountering law enforcement, they are locked and contained within “secure facilities,” or detention centers. What can be done to aid detained …

State Leadership Vs. Lawyers' Entrepreneurship: The Globalization Trajectories Of Chinese Legal Professionals Under The Belt & Road Initiative, Jing Li

Indiana Journal of Global Legal Studies

Based on the analysis of the online profiles of 205 BRI Talent Bank lawyers as accredited by China's national bar association, this article generates important empirical knowledge about the approaches and processes that a nation-state may use in directing the internationalization of legal professionals. In addition to designing the general roadmap and offering broad incentives, the state has demonstrated a much more handson approach. By collecting the so-called "state-adjacent" lawyers and commissioning them to take some concrete first steps stipulated in the roadmap, the Chinese state effectively envisions them as role models for other lawyers to follow to ensure that …

Economic Structural Transformation And Litigation: Evidence From Chinese Provinces, To Economic Change And Restructuring, Doug Bujakowski, Joan Schmit

DePaul Business & Commercial Law Journal

No abstract provided.

China's Sanctions And Rule Of Law: How To Respond When China Targets Lawyers, Thomas D. Grant, F. Scott Kieff

The International Lawyer

No abstract provided.

The Origin Story Of The Public International Law & Policy Group: A Case Study In Strategic Optimism, Paul Williams, Isabela Karibjanian

Case Western Reserve Journal of International Law

No abstract provided.

Boundary Blurring In International Law: Globalization, Climate Change, And Cooperation In The Indus Basin, Michael John Cornell

Loyola University Chicago International Law Review

This comment proposes that, to achieve better water cooperation in the Indus Basin, lawyers involved in hydropower development projects should factor into socio-legal research and policy-making as potentially transformative stakeholders. With climate change driving the steady reduction of shared glacially-sourced river waters in India, China, and Pakistan, the need for regional water cooperation has never been higher. The comment first considers the origins and mechanisms of the 1960 Indus Waters Treaty, signed between India and Pakistan, followed by the impact of the related 2013 Kishenganga Arbitration. Next, in light of the three countries' competing economic, political, and security interests, the …

Talking Foreign Policy: "Blood & Treasure", Milena Sterio, Michael P. Scharf, Gregory P. Noone, Sandra Hodgkinson, Darin Johnson

Law Faculty Articles and Essays

Talking Foreign Policy is a production of Case Western Reserve University and is produced in partnership with 90.3 FM WCPN ideastream. Questions and comments about the topics discussed on the show, or to suggest future topics, go to [email protected].

SEPTEMBER 28, 2021 BROADCAST

Front Matter

The International Lawyer

No abstract provided.

The European Union's Sustainable Finance Disclosure Regulation: Compliance & Policy Implications, Michael Vuong

The International Lawyer

No abstract provided.

Abortion Rights Beyond The Medico-Legal Paradigm, Mariana Prandini Assis, Joanna Erdman

Articles, Book Chapters, & Popular Press

Abortion rights in international law have historically been framed within a medico-legal paradigm, the belief that regulated systems of legal and medical control guarantee safe abortion. However, a growing worldwide practice of self-managed abortion (SMA) supported by feminist activism challenges key precepts of this paradigm. SMA activism has shown that more than medical service delivery matters to safe abortion and has called into question the legal regulation of abortion beyond criminal prohibitions. This article explores how abortion rights have begun to depart from the medico-legal paradigm and to support the novel norms and practices of SMA activism in a transformation …

The Minds Behind The Movement: The Role Of Academics In East Asia’S War Reparations Litigation, Timothy Webster

Case Western Reserve Journal of International Law

No abstract provided.

Talking Foreign Policy: “Blood & Treasure” September 28, 2021 Broadcast, Michael P. Scharf, Et Al.

Case Western Reserve Journal of International Law

Talking Foreign Policy broadcast from Sept. 28, 2021, "Blood and Treasure," featuring Michael P. Scharf, Sandra Hodgkinson, Darin E.W. Johnson, Gregory P. Noone, and Milena Sterio. Interviews of international lawyers whose real-life experiences may have helped inspire the CBS TV show.

The Global Benefits Of The Law & Economics Framework In Legal Education: Using Class Simulations To Support Law Student Learning (First In Series), Patrick Gaughan

Akron Law Faculty Publications

This is the first in a series of articles that overarchingly proposes that the globalization of markets necessitates the integration of the Law & Economics Framework into legal education across all legal systems. The goal of this article is to introduce readers to the Law & Economics Framework by providing an overview of relevant terms, concepts, and historical background. This article discusses the interplay of lawyers and globalization; defines the Law & Economic Framework and its origins; details relevant principles of economics; and delves into some criticisms of the Framework. The remainder of the series will be devoted to demonstrating …