Digital Commons Network^™

Does Security Trump Trade, Dunniela Kaufman

Law and Business Review of the Americas

No abstract provided.

Fortress America Or Fortress North America, John Noble

Law and Business Review of the Americas

No abstract provided.

Cuba: The Next Retirement Haven, Matias F. Traiesco-Diaz, Armando A. Musa

Law and Business Review of the Americas

No abstract provided.

The Expansion Of Canadian Hate Speech Legislation, Sarah Stark

Law and Business Review of the Americas

No abstract provided.

The Arab Free Trade Area, Amr Ahbas

Law and Business Review of the Americas

No abstract provided.

Beyond The Maginot Line: The Real Borders Of Freedom And Security, Hugh Segal

Law and Business Review of the Americas

No abstract provided.

Reevaluating Drug Policy: Uruguay's Efforts To Reform Marijuana Laws, John Faubion

Law and Business Review of the Americas

No abstract provided.

Boumediene V. Bush: Flashpoint In The Ongoing Struggle To Determine The Rights Of Guantanamo Detainees, Michael J. Anderson

Maine Law Review

Following the harrowing events of September 11, 2001, and pursuant to the Authorization for Use of Military Force (AUMF) passed soon thereafter by Congress, the United States Armed Forces began capturing and detaining individuals at the Naval Air Base in Guantanamo Bay, Cuba. The choice of where to house these detainees was not random. Internal memoranda from the Justice Department reveal that the Naval Base was selected as a means of avoiding any legal entanglements that might ensue from such imprisonment. What resulted was what some commentators have called a “legal black hole” at Guantanamo, a place where any individual …

Can Self-Defense Serve As An Appropriate Tool Against International Terrorism?, Jan Kittrich

Maine Law Review

The phenomenon of terrorism represents one of the gravest challenges to international order, peace, and security. The unpredictable nature of terrorist attacks threatens the public safety of each member of the international community. At the same time, member states’ responses to terrorism appear to threaten the homogeneity of modern international law and disrupt the uniform system of legal rules. In some aspects, it also seems to divide the community of international scholars. Simply put, terrorism deviates from the rule of law and so might the responsive action that it necessitates. This is the potential danger that terrorism intentionally aims to …

American Trade News Highlights For Winter, 2013 Costco Cashews: How Much Roasting Makes Them American For Purposes Of Nafta Preferential Tariff Treatment By Canada, Vanessa Humm

Law and Business Review of the Americas

No abstract provided.

The Search For Third Options In A Two-Bathroom Society, Sharon R. Cruz

Cardozo International & Comparative Law Review

The note examines the systemic discrimination faced by transgender individuals, particularly in access to bathrooms and prison housing, arguing that such treatment reflects broader societal and legal failures to recognize and protect gender identity. It critiques binary policies that perpetuate harm and advocates for inclusive measures to ensure equal rights and safety. The analysis underscores the legal system's evolving understanding of gender identity and the urgent need for enforceable protections.

Guantanamo Bay - Why Would The United States Ever Actually Prosecute?, Benjamin Wine

Cardozo International & Comparative Law Review

The note examines the legal and ethical dilemmas surrounding the detention of individuals at Guantanamo Bay, focusing on the U.S. government's reluctance to prosecute many detainees despite their prolonged detention. It argues that the indefinite detention, often without formal charges, and the use of controversial interrogation methods violate both domestic and international laws. The analysis highlights the lack of recognition of Guantanamo Bay as a competent tribunal by other nations and explores potential solutions to address these issues.

Contemporary Practice Of The United States Relating To International Law, July 2017, Kristina Daugirdas, Julian Davis Mortenson

Articles

In this section: • Trump Administration Takes Steps to Implement Bilateral Agreement with Australia Regarding Refugees • Trump Administration Criticizes NATO Members for Failing to Meet Defense Spending Guideline; United States Joins Other NATO Members in Supporting Montenegro’s Membership in the Organization • President Trump Issues Executive Orders Suspending Refugee Program and Barring Entry by Individuals from Specified Countries • Trump Administration Maintains Nuclear Deal with Iran, Despite Persistent Skepticism • United States Strikes Syrian Government Airbase in Response to Chemical Weapons Attacks by Syrian Forces; Two Additional Strikes on Syrian Government Forces Justified by Defense of Troops Rationale • …

A Comparative Approach To Counter-Terrorism Legislation And Legal Policy, Paul David Hill Jr

Senior Honors Theses

Since the 9/11 attacks, American legislation and legal policy in regards to classifying and processing captured terrorists has fallen short of being fully effective and lawful. Trial and error by the Bush and Obama administrations has uncovered two key lessons: (1) captured terrorists are not typical prisoners of war and thus their detainment must involve more legal scrutiny than the latter; and (2) captured terrorists are not ordinary criminals and thus the civilian criminal court system, due to constitutional constraints, is not capable of adequately trying every count of terrorism. Other nations, including France and Israel, approach this problem with …

A Court Pure And Unsullied: Justice In The Justice Trial At Nuremberg, Stephen J. Sfekas

University of Baltimore Law Review

In the immediate aftermath of World War II, the common understanding was that the Nazi regime had been maintained by a combination of instruments of terror, such as the Gestapo, the SS, and concentration camps, combined with a sophisticated propaganda campaign. Modern historiography, however, has revealed the critical importance of the judiciary, the Justice Ministry, and the legal profession to maintaining the stability of the regime.

As an example, although the number of persons confined to concentration camps from 1933 to 1934 rose to as many as 100,000 people, most were quickly released. The number of concentration camp inmates thereafter …

When Does Cultural Satire Cross The Line In The Global Human Rights Regime?: The Charlie Hebdo Controversy And Its Implication For Creating A New Paradigm To Assess The Bounds Of Freedom Of Expression, Kwanghyuk Yoo

Brooklyn Journal of International Law

Social justice does not exist in a vacuum. Social justice deters human rights policies from crossing the line. Thus, the principle of justice counterbalances the evils of the laissez-faire human rights philosophy when society lacks an appropriate form of legal or regulatory framework for legitimate restraints on human rights. Moreover, well-ordered just society does not allow human rights to be abused or curtailed beyond the level necessary to safeguard superior social norms or national interests. As such, human rights are subject to relative protection while they receive universal respect across the world. From a semantic standpoint, two ambivalent natures of …

Adrift At Sea: How The United States Government Is Forgoing The Fourth Amendment In The Prosecution Of Captured Terrorists, Frank Sullivan

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

No abstract provided.

Air Traffic Control: How Mexican Cartels Are Utilizing Drones To Traffic Narcotics Into The United States, Britton Shields

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

No abstract provided.

General Counsel Of The Fbi, James Baker, In Conversation With Professor Mary Derosa On The Fbi And International Justice, Mary B. Derosa

Georgetown Law Faculty Publications and Other Works

Mary DeRosa, Georgetown Law Professor, former Deputy Counsel to President Obama for National Security Affairs, former Legal Advisor to the National Security Council under President Obama, and former Deputy Legal Adviser to the National Security Council in the Clinton Administration, interviewed current General Counsel of the Federal Bureau of Investigation (FBI), James Baker. The two discussed the FBI’s role in international law enforcement and the domestic tension between technological advancement and law enforcement duties.

The Digital Underworld: Combating Crime On The Dark Web In The Modern Era, Sophia Dastagir Vogt

Santa Clara Journal of International Law

The Digital Underworld: Combating Crime on the Dark Web in the Modern Era

European Economic Community-Free Movement Of Goods-Legislation Of A Member State, Reserving Certain Wine Appellations For Domestic Products Only, Has An Effect Equivalent To Prohibited Quantitative Restrictions If Such Appellations Do Not Describe Wine Products Which Possess Qualities And Characteristics Attributable To Their Geographic Origin, Julie M. Clifford

Georgia Journal of International & Comparative Law

No abstract provided.

Background Checks And Employment Discrimination: Distant Parallels Between U.S. And Eu Privacy Regimes, Eugene Frid

UC Law SF International Law Review

In 2012, Halstead Management Company offered Kevin A. Jones a job as a doorman in New York City. After the company requested a criminal background check on Mr. Jones, his offer was rescinded. Although Mr. Jones had no criminal record, Sterling Infosystems, the large company tasked with doing the background check, mixed up his information with the information of Kevin M. Jones, a different man with at least three criminal convictions.

Inmates, Incarcerated And In Love: Predicting How The United States Would Respond To Marriages Between Inmates By Evaluating Case Law And The United Kingdom’S Decision, Madison H. Kyger

University of Baltimore Journal of International Law

No abstract provided.

Mass Shootings And Offenders' Motives: A Comparison Of The United States And Foreign Nations, Vanessa Terrades

ILSA Journal of International & Comparative Law

Forty-nine bodies laid lifelessly on the ground while many others laid beside them, covered in blood, pretending to be dead to save their lives from the gunman who opened fire in the night club.1 That was the scene at Pulse Night Club on June 11, 2016, which turned the enjoyment at a nightclub into a nightmare

Extreme Secularism Vs. Religious Radicalism: The Case Of The French Burkini, Mohamed Abdelaal

ILSA Journal of International & Comparative Law

The French theory of Laïcité, or assertive secularism, has rapidly developed to become a significant part of the French constitutional legacy, which subsequently brought out what should have been expected: conflicts between the right to self-determination, local culture, religious freedom, and the state interest in curbing radicalism and extremism

United Nations Peacekeepers: Unchecked And Unaccountable, Benjamin Horwitz

Loyola University Chicago International Law Review

No abstract provided.

Sub-Regional Courts In Africa: Litigating The Hybrid Right To Freedom Of Movement, Laurence R. Helfer

Faculty Scholarship

Human rights attorneys and civil society groups in Africa have recently focused their advocacy efforts on sub-regional courts associated with economic integration communities in East, West and Southern Africa. The East African Court of Justice (EACJ), the Court of Justice of the Economic Community of West African States (ECOWAS), and the Tribunal of the Southern African Development Community (SADC) have received few suits challenging trade restrictions and other barriers to sub-regional integration. Instead, and surprisingly, the courts’ dockets are dominated by complaints alleging violations of international human rights law.
This article offers the first analysis of EACJ, ECOWAS Court and …

The Concept Of Democracy And The European Convention On Human Rights, Joseph Zand

University of Baltimore Journal of International Law

The European Convention on Human Rights, for the most part, guarantees civil and political rights. It is a unique international instrument that provides what is widely regarded as the most effective trans-national judicial process for complaints brought by citizens and organizations against their respective governments.The aim of this article is to contribute to the continuing debate on the notion of democracy according to the European Convention on Human Rights. Not only has the Convention been a standard-setter in Europe, but it is also a source of inspiration in promotion of democracy and democratic values for other regions of the world. …

Kiwis In Space: New Zealand’S “Outer Space And High-Altitude Activities Act”, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The number of countries with more or less comprehensive national space legislation that addresses in particular the authorization and supervision of private space activities continues to grow, and several more countries are currently in the process of adding themselves to that list. One of the more recent ones among them is New Zealand, which has an extensive “Outer Space and High-Altitude Activities Act” that is to enter into force in December 2017.

The paper briefly recaps the general underlying international obligations, in particular as following from Articles VI, VII, and VIII of the Outer Space Treaty, the Liability Convention, and …

Freedom Of Information Beyond The Freedom Of Information Act, David Pozen

Faculty Scholarship

The U.S. Freedom of Information Act (FOIA) allows any person to request any agency record for any reason. This model has been copied worldwide and celebrated as a structural necessity in a real democracy. Yet in practice, this Article argues, FOIA embodies a distinctively “reactionary” form of transparency. FOIA is reactionary in a straightforward, procedural sense in that disclosure responds to ad hoc demands for information. Partly because of this very feature, FOIA can also be seen as reactionary in a more substantive, political sense insofar as it saps regulatory capacity; distributes government goods in an inegalitarian fashion; and contributes …