Digital Commons Network^™

Future-Proofing U.S. Laws For War Crimes Investigations In The Digital Era, Rebecca Hamilton

Scholarly Articles in Law Reviews & Journals

Advances in information technology have irrevocably changed the nature of war crimes investigations. The pursuit of accountability for the most serious crimes of concern to the international community now invariably requires access to digital evidence. The global reach of platforms like Facebook, YouTube, and Twitter means that much of that digital evidence is held by U.S. social media companies, and access to it is subject to the U.S. Stored Communications Act.

This is the first Article to look at the legal landscape facing international investigators seeking access to digital evidence regarding genocide, war crimes, crimes against humanity, and aggression. It …

Pretrial Release, Risk Assessment, And The Failing Movement Towards A Cashless Bail System: The Need To Target The Source, Brooke Hodgins

Cardozo Journal of Equal Rights & Social Justice

The note argues that the cash bail system perpetuates economic and racial disparities, leading to unjust pretrial detention for many individuals. It advocates for a risk-based approach, highlighting New Jersey's bail reform as a model that reduces incarceration rates and disparities while maintaining public safety.

The Right To Vote Of Persons With Disabilities And The Difficult Relationship Between The Crpd And The European Court Of Human Rights, Francesco Seatzu, Paolo Vargiu

San Diego International Law Journal

This Article addresses the question of the right to vote of persons with disabilities in light of the recent case-law of the European Court of Human Rights. The approach of the Court is critiqued from a general perspective of non-discrimination as well as tested against Article 29 of the United Nations Convention on the Rights of Persons with Disabilities, which provides for the right to vote as a foundational element of the participation in political and public life of persons with disabilities. This Article maintains that the European Court of Human Rights’ approach, instead of creating the conditions for equality …

Make White-Collar-Offenders Pay (Additional) Tax And Subject Them To Technological Incarceration Instead Of Being A Tax Burden On Society, Mirko Bagaric, Theo Alexander, Brienna Bagaric

San Diego International Law Journal

White-collar offenders do not scare people. There is no reason to be afraid of them. Yet, they are subjected to the most serious sanction in our legal system – prison. Every white-collar prisoner costs society over $30,000 annually. Rather than punishing white-collar offenders in a way that further depletes the public revenue, we should compel them to remedy the damage they have caused by paying additional tax. There are more intelligent, evidence-based approaches to dealing with white-collar offenders. The objectives for dealing with white-collar offenders should be to impose penalties that are proportionate to the seriousness of the crimes; ensure …

Star Trek, Star Wars, Or Battlestar Galactica—The Occurring Privatization Of Space Exploration, And The Need For “Global” Regulations, Marty Levers

San Diego International Law Journal

Privatized space travel is not innately bad because of its commercial nature. Commercialization leads to efficient innovation; and our scientific pursuits benefit from advancements in technology in every space-related industry. This is not to say that privatized space travel is not without disgust and dissenters. As a dissenter, Buzz Aldrin questioned Elon Musk’s Mars proposal by arguing, “Well, now, when your [rocket] lands on Mars with people, is there going to be anything down there for you to live in or do?” Buzz Aldrin is not alone in his questioning of the motives behind mega corporations’ space projects. Billionaire-funded space …

Proportionality V. Categorization: The Issue Of Judicial Balancing Of Rights, Akram Mohamed

Theses and Dissertations

The fact that there is a constant conflict between individual rights and state or social interests has historically provoked the question of how to balance or harmonize such conflicting interests? On what basis shall the legislator or the judge decide in favor of this or that right in his legislation or judgement? Where shall we, for example, draw the line between the right to freedom of expression and the right to protect one’s honor and reputation? How could the legislator find the compromise between the state duty to protect fetus life and its obligation not to interfere with woman’s right …

Sacred Spheres: Religious Autonomy As An International Human Right, Diana V. Thomson, Kayla A. Toney

Catholic University Law Review

How should courts resolve thorny human rights disputes that arise within religious groups? According to an emerging international consensus, they shouldn’t. When a case involves sensitive internal decisions by a religious organization, such as choosing who is qualified to teach the faith, courts are increasingly taking a hands-off approach. This global consensus has formed across international treaties, tribunals, and domestic courts in European and American nations. Every major human rights instrument and many international and domestic courts recognize that religious freedom must extend to religious communities, especially houses of worship and schools where believers gather to practice their faith and …

Debt And Dependence: Foreign Interference In Haiti And The Importance Of Non-State Actor Accountability, Sandra Wisner, Brian Concannon

Northwestern Journal of Human Rights

Colonialist policies and lending practices by foreign states and non-state actors have led to serious and wide-spread violations of Haitian individuals’ fundamental human rights. In particular, a series of loan conditions imposed by international financial institutions and their members states left Haiti vulnerable to increased food insecurity and a severely diminished social sector. This paper proposes that the imposition of such loan conditions constitutes a violation of foreign actors’ obligations under international law respecting economic, social, cultural, and political rights, as well as their extra-territorial obligations (ETOs) to take joint and separate action to promote and respect human rights beyond …

The Impact Of Encryption Technologies On Criminal Investigations In Canada: A Balanced Approach To The 'Going Dark' Problem In Light Of Self-Incrimination And Privacy Considerations, Laura Ellyson

PhD Dissertations

Encryption, a method of concealing information from unwanted eyes, has recently become more prevalent in society, following revelations of massive surveillance conducted by governments and the increasing number of attacks on companies holding their customers’ digitized information. Encryption mechanisms have become more sophisticated and widely used by citizens who wish to keep their personal information private and secure. Conversely, criminals have also been using strong encryption mechanisms to hide their wrongdoing, which has made it harder for law enforcement officials to access evidence. This “going dark” phenomenon has impacted both the seizure of “data at rest” (i.e., data that is …

Amicus Curiae, Stephanie Barclay, Nicole Garnett, Diane Desierto, Richard Garnett, John Meiser, Jorge Barrera-Rojas

Court Briefs

No. T9117732
Sandoval v. Universidad Nacional de Colombia

This Amicus Brief is presented to this Honorable Constitutional Court by the undersigned so that the considerations and arguments contained therein are helpful in the just resolution of the conflict submitted to your knowledge and that, for purposes of clarity, are structured as follows:
(These statements are followed by the Table of Contents)

From the Argument

Non-discrimination on religious grounds in education is expressly prohibited in international human rights treaties, whether regional or universal. Moreover, many of them are ratified by Colombia and therefore impose international obligations of direct and immediate effect, …

Regulating Artificial Intelligence In International Investment Law, Mark Mclaughlin

Research Collection Yong Pung How School Of Law

The interaction between artificial intelligence (AI) and international investment treaties is an uncharted territory of international law. Concerns over the national security, safety, and privacy implications of AI are spurring regulators into action around the world. States have imposed restrictions on data transfer, utilised automated decision-making, mandated algorithmic transparency, and limited market access. This article explores the interaction between AI regulation and standards of investment protection. It is argued that the current framework provides an unpredictable legal environment in which to adjudicate the contested norms and ethics of AI. Treaties should be recalibrated to reinforce their anti-protectionist origins, embed human-centric …

Mental Illness And Criminal Justice, Belli, Kelsey

Santa Clara Journal of International Law

This paper assesses some of the critical issues relevant to the connection between the mental health and criminal justice systems. Throughout the entirety of this paper there will be a comparison between the Unites States, France, and the Netherlands. This article will examine the current statutes, case law, and public policies in place in the criminal justice and mental health systems. It will offer a comparison between the balance of needs of individuals suffering from mental health issues and the maintenance of public safety. The first section will look at the historical background of how individuals were found to be …

Covid-19 Vs. Constitution; Limited Government's Unlimited Response, John A. Losurdo

DePaul Business & Commercial Law Journal

No abstract provided.

Prevention Or Creation Of Terrorism? The Sri Lankan Prevention Of Terrorism Act, Abigail Castle

Immigration and Human Rights Law Review

Abstract

The tyrannical Sri Lankan Prevention of Terrorism Act (“PTA”) has been in effect for over forty years. Dating back to the decades-long civil war, the PTA has terrorized Sri Lankan citizens. The PTA authorizes the Sri Lankan government to arbitrarily detain citizens without warrants for up to eighteen months; use torture to extract confessions; and target protesters, minority groups, and political opponents. The PTA creates a breeding ground for numerous human rights violations with no accountability for the officials who commit human rights abuses. The use of the Act has intensified since 2019 with the Easter Sunday Bombings and …

National Space Law, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

This chapter addresses national space law. While often slightly different terms such as national space legislation or national space regulation are used, the term national space law initially should be interpreted in the broadest possible sense. National law would thus refer to the totality of all relevant legal documents at the national level, whether entitled law, statute, act, decree, directive, or regulation, plus customary law, implementation by way of government authorization and jurisprudence, as relevant further explained through the writings of recognized experts.

Then, as space law encompasses “every legal or regulatory regime having …

Pedaling Backwards: Examining The King County Board Of Health’S Choice To Repeal Its Bicycle Helmet Law, Schuyler M. Peters

Seattle University Law Review

In Part I, this Comment will explain the Helmet Law itself and the timeline that ultimately led to its repeal. Part II will focus on the positive impact of the Helmet Law, the dangers associated with the repeal, why the repeal should not have occurred in the manner it did, and what societal costs stem from the BOH’s decision. Part III will address the actions that must be taken to revoke this repeal and the reasons behind these alternative pathways, including an Equity Impact Review study specifically on the consequences of repeal, a collaborative outreach program to bring helmets to …

Connecting The Dots To Reveal A New Picture: A Report On Indian Act By-Law Enforcement Issues Faced By First Nations In Nova Scotia And Beyond, Naiomi Metallic, Roy Stewart, Ashley Hamp-Gonsalves

Reports & Public Policy Documents

This report originated as a request by the Mi’kmaq-Nova Scotia-Canada Tripartite Forum to research the challenges facing First Nations in Nova Scotia in assuming jurisdictional control through Indian Act by-laws. In undertaking this research, we identified significant uncertainty, misconceptions and confusion around Indian Act by-laws from all parties with a stake in this issue, including federal and provincial government representatives (Indigenous Services, Department of Justice, Public Safety), the police, the public and First Nations representatives. Consequently, we felt it necessary to comprehensively unpack the various issues relating to Indian Act by-laws, from their nature and legal effect, to their development, …

Policing For Profit: A Constitutional Analysis Of Washington State’S Civil Forfeiture Laws, Julia Doherty

Seattle University Law Review

The summer of 2020 reignited a conversation about the relationship between race and policing in the United States. While many have taken the opportunity to scrutinize the racially discriminate components of our criminal justice system, comparable aspects of civil law must be equally scrutinized. A particular area of concern pertains to racially biased policing and the concept of “policing for profits” with Black, Indigenous, and people of color communities (BIPOC), which is accomplished mainly through civil asset forfeiture at a state and federal level.

One Choice Is No Choice At All: Indonesia Is Violating The International Covenant On Civil And Political Rights By Requiring Political Parties To Adhere To Its National Ideology Of Pancasila, Daniel Brezina

American University International Law Review

This Comment argues that Indonesia is violating Articles 1, 18, 22, 25, and 27 of the International Covenant on Civil and Political Rights by requiring that all political parties adhere to its national ideology of Pancasila. This Comment will introduce the ideology of Pancasila and explain how Indonesia came to require political parties to adhere to the ideology. This Comment will also explain what rights the ICCPR guarantees and introduce the UN Human Rights Committee, which is tasked with monitoring signatories’ compliance with the ICCPR. This Comment will explain how Indonesia’s requirement violates several Articles of the ICCPR, including how …

A Reckoning For Religious Freedom: India's Bjp And The International Implications Of Anti-Muslim Leadership, Heather Holman

American University International Law Review

Currently, the Bharatiya Janata Party (BJP) holds the majority in the Indian Parliament, where it exercises its authority by passing legislation that comports with Hindutva. Hindutva is a political ideology that champions policies intended to make India a Hindu state. Toward this end, BJP leaders use harmful rhetoric and pass legislation that harms Muslim citizens of India. However, India is a party to the International Covenant on Civil and Political Rights (ICCPR), which protects the freedom to manifest one’s religion and prevents the advocacy of religious hatred that constitutes incitement to hostility, discrimination, or violence.

This Comment argues that India …

European Court Of Human Rights' Ruling In Georgia V. Russia (Ii) And Its Application To The Current Crisis In Ukraine, Edward N. Cain

Loyola University Chicago International Law Review

Georgia v Russia (II) represents an important decision in the European Court of Human Rights case law. The Court sets out an important interpretation of Article 1 of the European Convention on Human Rights regarding the jurisdiction of signatory parties during times of invasion and war. The Court articulated that during active hostilities, there is no positive or negative obligation on the invading country to uphold or defend the human rights of the civilians of the invaded country. This is because they do not have effective control over the local population due to the dynamic nature of war. This precedent …

A Synthesis Of The Science And Law Relating To Eyewitness Misidentifications And Recommendations For How Police And Courts Can Reduce Wrongful Convictions Based On Them, Henry F. Fradella

Seattle University Law Review

The empirical literature on perception and memory consistently demonstrates the pitfalls of eyewitness identifications. Exoneration data lend external validity to these studies. With the goal of informing law enforcement officers, prosecutors, criminal defense attorneys, judges, and judicial law clerks about what they can do to reduce wrongful convictions based on misidentifications, this Article presents a synthesis of the scientific knowledge relevant to how perception and memory affect the (un)reliability of eyewitness identifications. The Article situates that body of knowledge within the context of leading case law. The Article then summarizes the most current recommendations for how law enforcement personnel should—and …

Eliminating Cash Bail In Washington State—Amending Criminal Rule 3.2, Simran Kaur

Seattle University Law Review

This Note discusses the following three parts. Part I provides an overview of the cash bail system, its history, and its contemporary use in Washington state. Part II presents the effects of bail on pretrial release, analyzing low-income and racial inequalities and the adverse impacts it can have on the accused. Part III focuses on solutions and alternatives to the cash bail system, using other states as case studies.

America’S Hidden Citizens: The Untold Stories Of The Unconscionable Deportations Of Its International Adoptees, Halley Cody

Seattle University Law Review

This Note addresses how the U.S. should rectify the harms it has perpetrated on non-citizen adoptees by amending the current deportation statutes to prevent their deportation. Part I addresses the history of adoption in the U.S. and related effects on immigration law. Part II highlights the stories of Adam Crapser and Philip Clay, who were adopted by American families who failed to naturalize them as minors, and who were subsequently deported after they sustained criminal records. Part III examines the policy goals behind deportation as a consequence of criminal convictions, as well as remedies instituted to prevent unwarranted deportation and …

Space Debris Mitigation: A Unified Policy Framework, Forrest Randall Jones

Walden Dissertations and Doctoral Studies

Space debris is a growing problem that impacts the ability to maneuver and conduct space missions, creates hazards for people on Earth, and has the potential for severe environmental damage. Clean-up efforts are not viable in the modern era due to a lack of viable, affordable, and safe technology conducive to such lines of effort. This leaves mitigative and preventative policy measures as the most effective way to proffer a solution to the problem. Public policy has largely failed to address space debris mitigation effectively due to the fragmentation of policies standards and a lack of horizontal integration of policies …

The Great Effacement: New Zealand's Silencing On The 2019 Mosque Shooter, J.C. Oleson

University of San Francisco Law Review

No abstract provided.

Financial Security Mechanisms To Cover Biodiversity Damage Resulting From The Use Of Genetically Modified Organisms, Michael Faure, Minzhen Jiang

Emory International Law Review

No abstract provided.

The Right To Migrate, Matthew J. Lindsay

Lewis & Clark Law Review

Since the late-19th century, the Supreme Court has insisted that the preservation of national sovereignty requires a constitutional chasm between immigration law and ordinary law. If the Court is to bridge that chasm, it must reimagine the longstanding premise of the federal immigration power that the presence of noncitizens in U.S. territory menaces the nation’s sovereignty and security. This Article contributes to that reimagining by chronicling a compelling alternative worldview with a venerable historical pedigree—that of a quintessentially American right to migrate.

During the Founding Era, American statesmen described the impoverished subjects of Europe’s monarchies as protagonists in an unfolding …

Switzerland's "Summary Penalty Order" System: Should A Similar System Be Used For America's Minor Crimes?, Kirk Earl

Notre Dame Journal of International & Comparative Law

Jack Ford did not think he was committing a crime when his girlfriend let him spend the night with her at a house in Baltimore. However, what Ford did not know was that the owner of the house had not given permission for the couple to stay there. Ford was arrested and charged with burglary in the fourth degree, which is a misdemeanor in the state of Maryland. Ford’s attorney believed that Ford would have a strong case at trial because he did not know that he was not allowed in the house, so there was no intent to commit …

Violating The Protections Of International Law: Examining Methods To Combat The Practice Of Female, Angel R. Gardner

Human Rights Brief

In 2021, the women’s rights non-governmental organization (“NGO”), Equality Now, filed a lawsuit alongside other organizations1 challenging Mali’s failure to outlaw the practice of female genital mutilation (“FGM”). FGM involves the partial or total removal of the external female genitalia or other injury to female genital organs for non-medical purposes. The practice of FGM traces back to an ancient ritual, however, current research reveals that it causes serious health problems. The case brought by these NGOs has the potential to create binding precedent against the practice of FGM across all the African States.