Digital Commons Network^™

Canada's Foreign Fighter Problem: How Should The Federal Government Manage Suspected Isis Members Held In Syria?, Mira Stephenson

Dalhousie Journal of Legal Studies

Since the Islamic State of Iraq and Syria (ISIS) fell in 2019, the Autonomous Administration of North and East Syria (AANES) has arbitrarily detained tens of thousands of accused ISIS fighters and their families in Northern Syria. Among those detained are Canadian citizens. Although Canada has repatriated Canadian women and children from AANES custody, its policy approach to date has been inadequate.

Canada must take action to develop a cohesive policy for the approximately 17 Canadians remaining in AANES custody. In this paper, I will evaluate four potential policy options available to the Canadian government. First, that Canada could take …

The U.S. Drug Policy Hamster Wheel: A Critical Discourse Analysis Of Seattle’S New Drug Ordinance, Hallie Conyers-Tucker

Seattle University Law Review

The author critically examines Seattle’s new drug ordinance using Critical Discourse Analysis (CDA) to reveal how legislative language influences the policy's actual effect. Although the ordinance claims to prioritize diversion and community health, the use of permissive language such as “may” and “shall” grants broad discretionary power to law enforcement and undermines the stated intent. The author situates the ordinance within a broader historical context, highlighting how drug policy in the United States has consistently been shaped by racialized and stigmatizing narratives. Additionally, the author argues that meaningful reform requires reframing the discourse around substance use to support public health …

Sex Offender Prison Treatment Programs: Outdated Science Masquerading As A Legitimate Penological Objective, Shelby Jones

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

No abstract provided.

International Abolitionist Advocacy: The Rise Of Global Networks To Advance Human Rights And The Promise Of The Worldwide Campaign To Abolish Capital Punishment, John D. Bessler

All Faculty Scholarship

The modern international human rights movement began with the U.N. Charter and the U.N. General Assembly's adoption of the Universal Declaration of Human Rights. Although the movement to abolish the death penalty is rooted in the Enlightenment, global advocacy to halt executions and to abolish capital punishment has accelerated exponentially in recent decades. This Article discusses the origins of global networks to advance human rights and highlights the growing international advocacy, including by nation-states and nongovernmental organizations ("NGOs"), for a worldwide moratorium on executions and to abolish capital punishment altogether. The total number of countries conducting executions in the past …

Ai Regulation Across Borders: Legal Challenges And Prospects For International Cooperation, Alex Whaples

San Diego International Law Journal

The rapid development of artificial intelligence (AI) has fueled international calls for a comprehensive regulatory framework to balance innovation with the protection of fundamental rights. This analysis examines the diverse AI governance strategies of four key jurisdictions—the European Union (EU), the United Kingdom, the United States, and China—highlighting their strengths, limitations, and ideological differences. It explores the complexities of crafting an international AI treaty, including challenges related to enforcement mechanisms, regulatory burdens on developers, and ideological divides between Western democracies and China. To navigate these challenges, fostering global cooperation and ensuring accountability without stifling innovation is essential. By leveraging existing …

Irreparable Harm: How The United States Fails To Remedy Unjust Deportations, Joe Colley

Georgia Journal of International & Comparative Law

When the United States wrongfully deports individuals, the harm is often irreversible. This piece explores the systemic gaps that leave those unjustly deported without meaningful remedies or recourse.

Utilizing Equitable Remedies Via The Defend Trade Secrets Act's Extraterritorial Reach To Enforce Judgments Against Foreign Defendants, Marty Ishmael

University of Cincinnati Law Review

No abstract provided.

Defining Deference: Impacts Of Abandoning Chevron On Emerging Technology Governance And Administrative Law, R. Aubrey Davis Iii

Seattle University Law Review

Emerging technologies, particularly Artificial Intelligence (AI), often lead to unforeseen legal outcomes. Notable abuses in areas such as facial recognition, employment bias, and housing discrimination are well known. However, legislative responses to these issues either have been largely reactive or there has been no legislative response at all. In lieu of legislation, agencies have sought to fill the gap. For example, the Federal Communications Commission (FCC) recently proposed a rule mandating voter notification for all AI-generated political phone calls citing the Telephone Consumer Protection Act (TCPA) of 1991 as authority. However, the TCPA was originally passed to curtail telemarketing, not …

Trade Integration, Petros C. Mavroidis

Faculty Scholarship

Accounts concerning the world trading system usually start the debate from the negotiation of the GATT. Trade integration before the First World War, though, had been quite remarkable, and the study of this era enriches our understanding of modern institutions in at least two ways. First, a number of GATT provisions had already been shaped during discussions following the advent of the League of Nations. Second, trade integration before the First World War did not manage to put a brake on belligerent behaviour, putting to rest the old Montesquieuan idea of doux commerce. Recent developments (like the invasion of …

Dynamics Of The Penitentiary System, Transparent And Accountable Handling Of Criminal Cases In Criminal Execution Law In Southeast Asia: Convergence And Divergence Of International Perspectives, Anis Widyawati, Ade Adhari, Ali Masyhar, Bearlly Deo Syahputra, Didik Purnomo

Indonesia Law Review

This research examines the dynamics of the penitentiary system transparent, and accountable criminal case handling in criminal execution law in Southeast Asia, focusing on the convergence and divergence of international perspectives. These countries have diverse approaches to the penitentiary system and criminal law enforcement, including in terms of the implementation of the death penalty and the treatment of prisoners. Some countries, such as Singapore and Malaysia, maintain strict death penalty practices, which often contradict international human rights standards, while others such as the Philippines show inconsistencies in implementing criminal execution laws. This research also examines the three main stages in …

Canadian Security Intelligence Service (Csis), Bert Chapman

Libraries Faculty and Staff Presentations

April 24, 2025 presentation for Canada's GovInfo Day Spring 2025 hosted by Simon Fraser University in British Columbia and Internet Archive Canada. Provides information about the publicly available information resources produced by the Canadian Security Intelligence Service (CSIS) which is the Canadian Government's foremost national intelligence agency. Provides information about this agency's statutory organization, types of publicly available reports they produce, information about other Canadian government intelligence agencies, and parliamentary oversight of Canadian government intelligence operations. Lists additional resources for finding information about CSIS and explains the benefits of having access to these resources for users.

International Animal Law, Daina Bray, Paula Cardoso, Jessica Chapman, Hira Jaleel, Rajesh K. Reddy, Joan Schaffner

The Year in Review

No abstract provided.

Immigration And Naturalization, Eshigo P. Okasili, Michael Freestone, Hon. Joan Churchill, Betina Schlossberg

The Year in Review

No abstract provided.

Standardizing Space Technologies As Admissible Evidence: Legal And Ethical Frameworks For U.S. Courts And The International Criminal Court, Tuana Yazici

University of Miami International and Comparative Law Review

This paper explores the increasing role of satellite and other space technologies — such as optical satellite imagery, radar, and artificial intelligence (AI) — in legal proceedings both in the U.S. and internationally. It examines relevant Supreme Court and appellate cases, as well as key international rulings, to assess how courts are addressing the legal challenges posed by surveillance technologies. These cases reveal the tension between advancing technology and existing privacy protections, highlighting the need for updated legal frameworks. The analysis also covers federal laws, including the Electronic Communications Privacy Act, alongside proposed legislation like the American Privacy Rights Act …

Silent Shores: The Asean Human Rights Response To Refugee Protections, Lakshmi Sanmuganathan

University of Miami International and Comparative Law Review

Established on August 8, 1967, the Association of Southeast Asian Nations (“ASEAN”) emerged as the first intergovernmental organization dedicated to promoting peace, security, and regional unity in Southeast Asia. In 2009, ASEAN affirmed its commitment to human rights by founding the ASEAN Intergovernmental Commission on Human Rights (“AICHR”), the first regional human rights system in Asia. This note offers a critical evaluation of the ASEAN human rights system and its response to refugee rights, recognition, and protections in Southeast Asia. It begins by assessing the historical foundation that has shaped ASEAN’s contemporary constraints. Building on this historical analysis, the focus …

Some Issues In Armed Conflict And Human Rights: Issues Toward Human Rights And Applicable Law In The Battlefield, Hiroshi Saito

Japanese Society and Culture

In recent years, Japan’s legal system regarding defense has improved, but little research has been conducted on what would happen if Japanese territory became a battlefield. Due to the Japan–US Security Treaty and the Japan–US Status of Forces Agreement, Japanese territory could technically become a space for armed conflict in the wake of US military action. If this happened, various legal issues would arise, but under the Japanese Constitution and domestic laws, which are primarily concerned with the protection of human rights, there would be a dual application of international humanitarian law and domestic laws including the Constitution. An important …

Moral Panic Or Public Health Crisis? Lessons From Drugs And Gambling For “Addictive” Design, Matthew B. Lawrence, Haomin (Kevin) Yan

Seattle University Law Review

Alcohol, automobiles, guns, lottery, loot boxes, meat, music, opioid painkillers, processed foods, prop bets, slot machines, television, tobacco, violent video games. Over the last century each of these has been subject to concerns—some might even say “moral panics”—from parents and policymakers about avoidable harms to kids and adults. In some cases we look back with the benefit of hindsight and dismiss those concerns as naïve or moralistic. In others we look back at them as justified or as having come too late to check an expanding industry before it did unfathomable harm while growing so powerful that it became all …

Where Air Meets Space: Legal Implications For The Provision And Use Of In-Flight Internet Connectivity By Satellite, Steven Truxal, Dimitra Stefoudi

Loyola University Chicago International Law Review

In view of the increasing scale and broadening scope of the provision and use of in-flight internet connectivity by satellite, this article identifies relevant legal implications for States, satellite operators and airlines. With reference to international air law and international space law, as well as telecommunication law, this article discusses the extent to which existing law can alleviate legal concerns.

The article begins with an introduction that discusses the intersection of air and space, locating the provision and use of in-flight connectivity by satellite. A lack of political and legal consensus on where precisely to delineate outer space is explained …

Corporate Governance Speech, Sarah C. Haan

Seattle University Law Review

The State has always regulated the intra-firm communications that make corporate governance possible, most commonly by mandating disclosures of information by a corporation to its shareholders. Some such laws are labeled “securities regulation,” but securities regulation is a broad category that extends to speech by actors who are outside the corporate enterprise as well. Also, the conventional securities regulation category does not capture all such laws; other examples, including informationforcing mandates, can be found in state corporate law. This Article uses the term “corporate governance speech” to describe the communications among shareholders, directors, and officers through which corporate governance is …

Reimagining The Asylum Law In India: A Study On The Duty Of Of Non-Refoulement, Siddeeqa Iram

National Law School of India Review

The right of refugees to seek asylum is undisputedly provided by international instruments but traditionally, the right to grant asylum has been the prerogative of the state concerned. States have a duty of non-refoulement under Article 33 of the Refugee Convention, prohibiting the expulsion or return of refugees. Given the correlation between International Human Rights Law and International Refugee Law, non-refoulement comprises non-rejection at the frontiers as well. Despite the principle being a part of customary international law, due to the ambiguity prevailing in its application, it is constantly flouted by the member-states. Further, as the principle of non-refoulement includes …

Resistance: The Mura Struggle Against Canadian Potash Mining In Brazil’S Amazon, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Federal University Of Rio Grande Do Sul, Graduate Program In Law (Ppgd/Ufrgs), International Human Rights Program (Ihrp), University Of Toronto Jackman Law, Observatory Of Socio-Environmental Law And Human Rights In The Amazon (Odsdh/Ufam)

CLIHHR Reports & Policy Submissions

A comprehensive human rights and environmental report documenting the Mura Indigenous people’s resistance to Brazil Potash’s Autazes Potash Project in the Brazilian Amazon. The report details environmental risks, human rights violations, failures in consultation processes, litigation history, corporate accountability, and the ongoing struggle for land demarcation.

The Next Chapter Of Apartheid Is "Gender Apartheid", Naheed A. Farid

University of San Francisco Law Review

No abstract provided.

Police Brutality As Democide In The United States: The Supreme Court’S Acquiescence To Police-Civilian Violence, Jillian Fantuzzi

Cardozo International & Comparative Law Review

"Never again" is a power phrase used by survivors, observers, scholars, and descendants of survivors when reflecting on the mass casualties of innocent civilians resulting from government methods, like Nazism, ethnic cleansing, communism, and genocide, to exterminate groups deemed different or less than. Many blame dictatorial regimes for these mass atrocities, making democracy appear as a sound solution due to its attractive system ofchecks and balances. However, where the government agents responsible for mass killings of unarmed civilians remain unchecked by the judiciary, the product is not democracy but "democide." This unchecked power serves as a method of persecution of …

Russia’S Foreign Agent Law And Its Consequences For Civil Society And Human Rights, Karen Gilkman

Cardozo International & Comparative Law Review

No abstract provided.

How Pretrial Detention Deprives A Child’S Access To Education: The Convention On The Rights Of The Child And The Juvenile Justice Reform Act, Abby Groetsch

Human Rights Brief

Although the United States (“U.S.”) has not ratified the Convention on the Rights of the Child, which specifically outlines the rights of juvenile defendants, the Supreme Court’s interpretation of the Fifth and Fourteenth Amendments provides implicit rights for children accused of criminal acts. In 1967, the Supreme Court decided In re Gault, definitively establishing that the Due Process Clause of the Fourteenth Amendment applied to juvenile defendants. The Supreme Court has also stated that children should be treated differently than adults, outlining different sentencing requirements for crimes committed while a person is under the age of eighteen.

"Old" Law For A "New" Frontier: The Sufficiency Of International Humanitarian Law In Outer Space, Christian Jorgensen

Case Western Reserve Journal of International Law

As military capabilities and activities continue to expand into outer space, questions arise as to whether new legal frameworks are necessary to govern armed conflict beyond Earth. This Article argues that existing international humanitarian law (IHL) principles, including distinction, proportionality, necessity, and humanity, remain sufficient to regulate military operations in space. Rather than drafting new black-letter rules, states should focus on interpreting and applying current law in light of the unique characteristics of space warfare, including the enduring dangers of space debris and the widespread civilian reliance on satellite infrastructure. This Article examines the applicability of IHL in outer space, …

Japan's Response To The Trade Conflict Between The United States And China, Rikako Watai

Washington International Law Journal

Abstract: Decoupling refers to the strategy of separating and disconnecting economies and markets between different nations. However, in the contest of the ongoing trade conflict between the United States and China, decoupling primarily refers to determining economic dependence on a specific nation as a national security risk, thereby reinforcing vulnerabilities in one’s supply chain. Japan views the United States as its primary partner in national security policy and China as a significant market because of its geographic proximity. As a result, ensuring economic security became a pressing concern for Japan.

Japan refers to the United States’ idea of economic …

The Digitization Of Trade And Artificial Intelligence: A Pandora's Box, Rafael Leal-Arcas, Lama Al Damer, Haya Al Hokail, Sultana Abdulhakim Al Saud, Salma Alshaikh, Sultana Faisal Al Saud, Sara Al Muhanna, Loulwa Faisal Al Saud, Nora Alaiban, Moudi Alsaud

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

No abstract provided.

Ai Regulation In A Chatgpt Era: Cross-Border Cooperation And Hope In A Sudden Storm, Heidi L. Frostestad

College of Law Faculty Publications

This article addresses the complex and burgeoning issue of worldwide and national AI regulation in a legal context, with insights from international business law. The present regulatory efforts throughout the globe are a messy tapestry of initiatives with varying approaches that do not coalesce for cross-border multinational corporate entities (MNE). Most AI technologies are developed by multinational enterprises that need a more uniform international regulatory environment and structure for “responsible AI” enforcement. The human rights models of corporate social responsibility and human rights mechanisms that regulate the protection of fundamental rights and “responsible AI” to prevent harms in the context …

'Othering' Of Refugees: An Anti-Thesis To Right Against Discrimination, Jasmeet Gulati

Indonesian Journal of International Law

The process of ‘othering’ and the basis of ‘otherness’ separates marginal from the mainstream and is generally construed as discrimination amongst different social groups. The paper discusses the concept of ‘othering’ with specific reference to the rights of refugees, their plight in the country of refuge, and the attitude of national governments while dealing with the rights of refugees in compliance of international obligations. The process of characterizing refugees as ‘others’ in the host country directly affects their basic rights, which would otherwise be granted to them being refugees under international refugee law. Thus, discrimination stems from the very perspective …