Digital Commons Network^™

Seismic Shifts: The Covid-19 Pandemic's Gendered Fault Lines And Implications For International Law, Shruti Rana

Faculty Publications

As we look towards the pandemic's end, this article examines the pandemic's impacts on the international legal order through a gendered lens. It argues that in the short-term, the pandemic reinforces public-private divides in international law, reinvigorating previous debates over the state's power in social relations-its role in protecting people from, as opposed to perpetrating, harm. It argues that in the long-term, these developments threaten to unravel the most recent gains in international law and global governance that have operated to support and expand the recognition of human rights to marginalised groups. Left unaddressed, this unraveling will further entrench such …

Media Freedom And Technological Change, Vivek Krishnamurthy, Mark Latonero, Rachel Kuchma, Elif Nur Kumru, Geneviève Plumptre

Publications

No abstract provided.

The Destabilizing Effect Of Terrorism In The International Human Rights Regime, Wadie E. Said

Publications

This Article explores the counterterrorism apparatus maintained by the United Nations from a critical perspective. It argues that the international counterterrorism regime reflects American and European priorities and structures to a significant degree, a situation that positions the threat of Islamist terrorism as preeminent. The existence of this regime results in significant distortion to concepts and laws governing citizenship, national security, and civil liberties, not to mention overstating the threat of terrorism itself. Further, there is a clear racial component in linking the terrorist threat to Islam itself, the majority religion in many countries of the Global South, specifically those …

Interfacing Privacy And Trade, Mira Burri

Case Western Reserve Journal of International Law

No abstract provided.

Ghosts In America: Working Towards Building A Legal Framework For Stateless Individuals In The United States, Asako Ejima

Case Western Reserve Journal of International Law

No abstract provided.

Fracking The Bedrock Of Democracy: The United States Policing Of Protests Violates The Right Of Peaceful Assembly Under The Iccpr, Olivia Moulds

American University International Law Review

No abstract provided.

It’S All About The Pasta: Protectionism, Liberalization, And The Challenge For Quality And Sustainability Of Made In Italy, Fernanda G. Nicola, Gino Scaccia

FIU Law Review

No abstract provided.

Othering Across Borders, Steven Arrigg Koh

Faculty Scholarship

Our contemporary moment of reckoning presents an opportunity to evaluate racial subordination and structural inequality throughout our three-tiered domestic, transnational, and international criminal law system. In particular, this Essay exposes a pernicious racial dynamic in contemporary U.S. global criminal justice policy, which I call othering across borders. First, this othering may occur when race emboldens political and prosecutorial actors to prosecute foreign defendants. Second, racial animus may undermine U.S. engagement with international criminal legal institutions, specifically the International Criminal Court. This Essay concludes with measures to mitigate such othering.

Fish Don't Litter In Your House: Is International Law The Solution To The Plastic Pollution Problem?, Taylor G. Keselica

Pace International Law Review

This article addresses the complex issue of plastic pollution—focusing on ocean plastics. Specifically, this article examines the ocean plastics problem, critiques current binding and non-binding international environmental law surrounding ocean plastics, hazardous wastes, and pollution, and proposes a more effective solution to the ocean plastics problem. Section I provides a basic history of the creation of plastics and discusses plastics as they are used today. Section II considers the concerns surrounding ocean plastics, focusing on impacts of plastic on marine ecosystems as well as human health effects. Section III, IV, and V discuss the ongoing attempts to address the ocean …

Compulsory Licensing Of Climate Engineering Patents: How Embracing Technology- And Research-Sharing Strategies Brings Us One Step Closer To Solving Climate Change, Buzz Hardin

Arkansas Law Review

The impact of climate change spans the globe and includes increasingly severe and dangerous climate events, including coastal flooding, extreme heat and wildfires, reduced crop yield, and decreased food security. In the United States, if the proper steps toward mitigating or reversing the effects of climate change are not taken, it is very likely that the United States will experience substantial damage to its economy, the health of its citizens, and the environment. In response to the challenges presented by climate change, the number of inventions in the field of climate engineering, or “geoengineering,” has skyrocketed over the past several …

The Life And Death Of Confederate Monuments, Jessica Owley, Jess Phelps

Articles

Confederate monuments have again received increased attention in the aftermath of George Floyd's tragic death in Minneapolis, Minnesota, on May 25, 2020. Momentum and shifting public opinion are working toward the removal of these problematic monuments across the country. This Article seeks to provide insight for monument-removal advocates: specifically focusing on the legal issues associated with the "death" or removal of these monuments, how property law shapes and defines these efforts, and briefly examining what happens to these statues after removal. Our exploration of Confederate monuments reveals that some removal efforts occur outside of legally created processes. Both public and …

Drug Policy Reform In The Americas: A Welcome Challenge To International Law, Alvaro Santos

Georgetown Law Faculty Publications and Other Works

Drug policy in the American hemisphere is in flux. After decades whereby a prohibitionist regime reigned supreme and proposing alternatives was taboo, several countries have begun to reconsider policy, particularly in the case of marijuana. International law has been instrumental in building the legal and institutional regime of prohibition, and it has remained largely impervious to critiques of its disastrous consequences. Indeed, when it comes to drug law and policy, international law has been part of the problem. Nevertheless, countries in the Americas have begun to adopt innovative strategies that also embrace international obligations. In this essay, I examine the …

Should They Stay, Or Should They Go? Statue Politics In Shifting Societies: The Permissibility Of Peacetime Removal, Alteration And Destruction Of Problematic Political Monuments In The United States, Adrienne Liebenberg Nel

Cardozo International & Comparative Law Review

The note argues that Confederate monuments in the U.S. are often protected by outdated preservationist laws that hinder efforts to remove or alter them, despite their association with systemic racism and oppression. It advocates for legal reform to allow local governments to address these problematic symbols, drawing on international examples and emphasizing the need for a balanced approach that respects history while promoting inclusivity.

With An Even Hand: The Call For Pakistan’S Executive Task Force For Religious Tolerance, J. Clifford Wallace

BYU Law Review

No abstract provided.

Legal Cooperation Of Cis Countries In The Fight Against Illegal Traffic Drug, Djamaliddin Musaev

Review of law sciences

This article examines the international legal cooperation of the member states of the Commonwealth of Independent States in the fight against drug trafficking. The article analyzes the work to create effective regional international legal mechanisms to combat the illegal distribution of drugs, among which the interaction of states in the framework of the Commonwealth of Independent States occupies a special place. The experience of bilateral and regional cooperation of states in the fight against drug trafficking, analysis of the legal basis of cooperation in states within the framework of the Commonwealth of Independent States was studied. The author focuses on …

Ethnic Inferencing: The Unanswered Question Of S And Marper V. United Kingdom, Jamie Jones

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

No abstract provided.

Government Information Crackdowns In The Covid-19 Pandemic, Justin Sherman

Joint PIJIP/TLS Research Paper Series

The Covid-19 pandemic has illustrated the importance of accurate, real-time information and empirical data in a rapidly evolving crisis. Yet it has also captured an opposite issue: the spread of misinformation and disinformation during a public health crisis. Numerous governments have used the Covid-19 pandemic as reason to, legitimately or illegitimately, heighten existing state censorship practices or introduce new practices entirely under the justification of stopping false information about the virus. This report analyzes developments in China, India, and Russia as case studies of government censorship amid the public health crisis. It offers five key takeaways from these case studies. …

A Different Kind Of Prisoner's Dilemma: The Right To The Free Exercise Of Religion For Incarcerated Persons, Daniel T. Judge

Notre Dame Law Review

Part I will lay the foundation for the constitutional right to freedom of religion in the United States. It will explain how the Framers understood the right in the lead up to, and at the time of, the ratification of the Free Exercise Clause as part of the Bill of Rights. Part I will also address more modern advances in religious liberty protections for prisoners before discussing two recent milestones: the Religious Land Use and Institutionalized Persons Act and the Supreme Court’s decision in Holt v. Hobbs. Part II addresses the right to freedom of religion internationally. It begins …

Proceedings Of The 43rd Cusli Annual Conference On The State Of Out Nations: Coorperating On Climate Change - Conference Speakers, Canada-United States Law Journal

Canada-United States Law Journal

No abstract provided.

Volume 44 (2020), Canada-United States Law Journal

Canada-United States Law Journal

No abstract provided.

The Balance Of Safety And Religious Freedom: Allowing Sikhs The Right To Practice Their Religion And Access Courthouses, Karamvir Dhaliwal

Seattle Journal for Social Justice

No abstract provided.

Keynote Speaker - The Impact Of Climate Change On Canadian-U.S. Defense, The Honorable John Mckay

Canada-United States Law Journal

No abstract provided.

Space Governance 3.0, Brian R. Israel

Georgia Journal of International & Comparative Law

No abstract provided.

Israeli Perfidy In The Disputed Occupied Palestinian Territories (Opt), Daniel Benoliel, Yohai Edery

Cardozo International & Comparative Law Review

This article considers Israel's controversial capture of wanted Palestinians in the disputed Occupied Palestinian Territories ("OPT') by resort to perfidy while feigning civilian status. That is given that Israel's call of choice for perfidy revolves almost entirely around capture as opposed to injuring or killing which Israel justly rejects as unlawful. While the prohibition of perfidy is accepted as customary international law, its practical definition and application in the OPT remain unsettled.

The article first considers the differences between the conduct of hostilities and law enforcement paradigms governing the disputed OPT. In certain situations that arise in armed conflicts, it …

New Media, Free Expression, And The Offences Against The State Acts, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

New media facilitates communication and creates a common, lived experience. It also carries the potential for great harm on an individual and societal scale. Posting integrates information and emotion, with study after study finding that fear and anger transfer most readily online. Isolation follows, with insular groups forming. The result is an increasing bifurcation of society. Scholars also write about rising levels of depression and suicide that stem from online dependence and replacing analogical experience with digital interaction, as well as escalating levels of anxiety that are rooted in the validation expectation of the ‘like’ function. These changes generate instability …

2001 Supreme Court Redux, Mary Stevens

Sustainable Development Law & Policy

No abstract provided.

Next Verse, Same As The First: Inadequacies In The Government's Legal Approach Toward Biotechnology, Kimberly Righter

Sustainable Development Law & Policy

No abstract provided.

Silencing Xinjiang: The Chinese Government's Campaign Against The Uyghurs, Connor W. Dooley

Georgia Journal of International & Comparative Law

No abstract provided.

First Responders, Second Priority: Georgia's Inmate Firefighter Program And International Human Rights Standards, Erin Paige Mcgonigle

Georgia Journal of International & Comparative Law

No abstract provided.

Reforming Expansive Crime Control & Sentencing Legislation In An Era Of Mass Incarceration: A National And Cross-National Study, Rebecca Wasif

University of Miami International and Comparative Law Review

No abstract provided.