Digital Commons Network^™

No Hiding From Justice: Universal Jurisdiction In Domestic Courts, Heidi R. Gilchrist

Faculty Scholarship

No abstract provided.

Crime Doesn't Pay But Neither Can Ex-Offenders: A Comparative Analysis Of Criminal Restitution In The United States And Canada, Justin Gendler

Cardozo International & Comparative Law Review

The note argues that the U.S. criminal restitution system is flawed, prioritizing punishment over rehabilitation, leading to significant hardships for indigent offenders, victims, and society. It proposes reforming the system to focus on disgorgement of ill-gotten gains and consider offenders' financial situations, drawing lessons from Canada's more rehabilitative approach.

Duty To Rescue In The Digital Age: A Comparative Analysis, Cameron Kellett

Cardozo International & Comparative Law Review

The article advocates for the enactment of state legislation establishing a duty-to-rescue doctrine, arguing that the absence of such a legal duty leads to preventable harm and undermines societal solidarity. It critiques the arbitrary nature of the special relationship exception under current law and proposes Minnesota's duty-to-rescue statute as a model for reform. The analysis emphasizes that requiring bystanders to provide reasonable assistance, without endangering themselves, is both feasible and morally justifiable, as it aligns with human tendencies to help others in distress.

Sex Work Is Real Work: The Implications Of U.S. Strippers Winning The Right To Unionize, An International Comparative Study, Katherine Fustich

Cardozo International & Comparative Law Review

The note examines the landmark NLRB decision in *Nolan Enterprises*, which granted U.S. strippers the right to unionize by classifying them as employees rather than independent contractors. This ruling has significant implications for labor rights in the sex work industry, both domestically and internationally. The analysis compares this development with international perspectives from the UK, Germany, and the Netherlands, highlighting the challenges and opportunities for sex worker unionization and the broader implications for labor movements globally.

International White-Collar Crime And The Globalization Of Internal Investigations Ten Years Later, Lucian E. Dervan

Law Faculty Scholarship

In International White-Collar Crime and the Globalization of Internal Investigations Ten Years Later, Lucian E. Dervan revisits and reassesses the framework first articulated in his 2011 article examining the risks and structural challenges of cross-border internal corporate investigations

2StetsonBusLRev120 . The article evaluates how four core areas—selection of investigative counsel, cross-border data collection and transfer, employee interactions in varied labor law environments, and disclosure and settlement strategies—have evolved over the past decade in response to intensified global enforcement cooperation, expanding data privacy regimes, and shifting geopolitical dynamics. Dervan demonstrates that while practitioners have grown more sophisticated in navigating privilege …

Business, Human Rights, And Transitional Justice: Overcoming The Regulatory Dysfunction Of International Law, Jelena Aparac

Global Business Law Review

It is said that traditional international public law is state-centric and concerns mostly State obligations and responsibility. For this, it excluded corporate actors from any accountability mechanism, even when the corporations contribute to armed conflicts and international crimes. International law does not provide a clear definition of what amounts to “subjects” under this set of rules or criteria for how to determine legal personality. At the same time, some branches of international public law directly regulate corporate actions, namely international economic law and international humanitarian law. Conversely, international courts and tribunals have accepted the corporate jus standi, in some …

Foreign Law In Federal Courts: Challenges For The Twenty-First Century, William J. Nardini

Howard and Iris Kaplan Memorial Lecture

No abstract provided.

Mexico, Ana Karen Inzunza Sánchez, Bianka Aryesha Llamas Covarrubias, Eduardo Sánchez Madrigal, Fernanda Ambrosio Agraz, José Antonio Cervantes Acosta, José Edgardo Muñoz López, José Francisco Marcías Calleja, María Del Rocío De Orta Abúndi, Soyla H. León Tovar, Yurixhi Gallardo Martínez, Susan Burns, Zel Saccari

The Year in Review

No abstract provided.

Africa, Englebert Akong, Susan Bishai, Anne Bodley, Michela Cocchi, D. Porpoise Evans, Pamela Fapohunda, Katherine Flannery, Sara Frazão, Rebecca Gerome, David Hofisi, Tyler Holmes, Jennifer Ismat, Alexandra Kerr Meise, Linda Lowson, Anis Mahfoud, Adeshola Mos-Shogbamimu, John Mukum Mbaku, Kelly Newsome, Ivan Allan Ojakol, Kingsley Osei, Danielle Rowland Lindahl, Ricardo Alves Silva, Matthew Snyder, Anna Toubiana, João Luís Traça

The Year in Review

No abstract provided.

International Procurement, Martin G. Masse, Erin Brown, Samuel W. Jack, Steven D. Tibbets, Daniel Carey Brown, Kristina Dahmann

The Year in Review

No abstract provided.

Criminal Law In A World Of States, Ryan Liss

Michigan Journal of International Law

In recent decades, a new school of criminal law theory has emerged. Its proponents reject the traditional story that criminal law ought to be justified on either retributivist or utilitarian grounds alone. Instead, they argue that justifications for criminal law must be rooted in a broader political theory of the state’s authority. While this political theory turn is becoming increasingly dominant in the literature, it gives rise to two significant challenges that scholars have thus far failed to recognize. These challenges emerge when we turn our attention from an internal, domestic view of the state to the world beyond its …

Criminal Justice Is Local: Why States Disregard Universal Jurisdiction For Human Rights Abuses, Jeremy A. Rabkin, Craig S. Lerner

Vanderbilt Journal of Transnational Law

A German court recently convicted a minor Syrian official of abuses committed in Syria's civil war. The case was announced with fanfare but has since stirred no interest. Nor should this be surprising. The world has been here before. There was intense excitement in 1998, when British authorities arrested Augusto Pinochet, the former president of Chile, for human rights abuses committed in Chile. It was taken at the time as vindicating the doctrine that the worst human rights abuses fall under "universal jurisdiction," allowing any state to prosecute, even for crimes against foreign nationals on foreign territory. As generally acknowledged …

Money Finds A Way: Increasing Aml Regulation Garners Diminishing Returns And Increases Demand For Dark Financing, Jacquelyn B. Lewis

Vanderbilt Journal of Transnational Law

The cost of anti-money laundering regulations has grown to many billions of dollars, and countries worldwide are increasingly complying with international standards for financial regulation. Yet, the interception rate for criminal proceeds remains under 1 percent. Banks in the United States, United Kingdom, and France continue to engage in unsafe practices, undeterred by legal penalties. Recent US legislation will narrow, but not eliminate, regulatory gaps. The cost of regulation has become so great that banks accept litigation as a cost of doing business or reduce legal exposure by ending relationships in areas of perceived high risk for money laundering; this …

Ending Demand For Modern-Day Slavery: An Analysis Of Human Trafficking In The Global Marketplace, Rachel Leach

Indiana Journal of Global Legal Studies

The purpose of this paper is to inform readers of the prevalence of and increasing demand for human trafficking, both domestically and globally, and to propose necessary next steps governments must take in order to end the demand for such human exploitation. This paper will closely analyze the issue of trafficking humans for sex and labor within the Western Hemisphere and throughout Asia by using the United States and China as primary case studies. These case studies analyze the specific actions or inactions taken by the United States and Chinese governments to combat modern day slavery, as well as the …

Drawing The Cyber Baseline: The Applicability Of Existing International Law To The Governance Of Information And Communication Technologies, Dapo Akande, Antonio Coco, Talita De Souza Dias

International Law Studies

"Cyberspace" is often treated as a new domain of State activity in international legal discourse. This has led to the assumption that for international law to apply to cyber operations carried out by States or non-State actors, "cyber-specific" State practice and opinio juris must be demonstrated. This article challenges that assumption on five different bases. First, it argues that rules of general international law are generally applicable to all domains, areas, or types of State activity. In their interpretation and application to purported new domains, limitations to their scope of application cannot be presumed. Second, this article demonstrates that the …

The Peculiar Double-Consciousness Of Twail, Mohsen Al Attar

Indonesian Journal of International Law

Shunning the Eurocentrism that colours much mainstream scholarship, TWAIL has centred in international legal scholarship the views of peoples historically marginalised in the imperial-colonial process. In a single generation, its interventions have shifted perceptions of international law across the academy, forcing scholars to account for the partialities of our purportedly universal international legal regime. Yet, despite embracing iconoclasm and critique, TWAIL is also denoted by a formalist streak. Many of its scholars are committed to the regime, towing an orthodox line that appears counter-intuitive, even inconsistent. In this article, I use WEB Du Bois’ concept of double-consciousness to explain the …

Cedaw And Transformative Judicial Obligations: The Vulnerable Migrant Domestic Worker And Root Causes Of Abuse, Cheah W. L.

Michigan Journal of International Law

CEDAW’s transformative provisions, which require states to address root causes of injustice and discrimination, can be made more effective not only through legislation and policy, as commonly argued, but through the judiciary. This article highlights the need to develop the content and implementation of transformative judicial obligations under CEDAW through a comparative study of judicial decisions on the abuse of female MDWs in three key MDW destinations that are party to CEDAW—Hong Kong, Singapore, and Malaysia. By engaging with scholarship on CEDAW’s positive obligations, transformative equality, and theories of adjudication, this article argues that criminal law courts should not only …

The Visualities And Aesthetics Of Prosecuting Aged Defendants, Mark Drumbl, Caroline Fournet

Scholarly Articles

The prosecution—whether domestic or international—of international crimes and atrocities may implicate extremely aged defendants. Much has been written about the legalisms that inhere (or not) in trying these barely alive individuals. Very little however has been written about the aesthetics the barely alive encrust into the architecture of courtrooms, the optics these defendants suffuse into the trial process, and the expressive value of punishing them. This is what we seek to do in this project.

Better Than Bullets: Ethiopia Is Committing War Crimes By Starving Civilian Populations In The Ethiopian Civil War, Jordan Luber

American University International Law Review

Abiy Ahmed is the prime minister of Ethiopia. He has been starving seven million people of a lone ethnic group in Ethiopia for over a year. He is a Nobel Peace Prize laureate and a war criminal.

He won a Nobel Peace Prize for allying with a dictator who oversees slavery and locks dissidents in shipping containers in the desert. He took power promising an unprecedented age of progress, then a year later, changed his mind and began to massacre protestors. He launched a civil war with a barrage from armed drones. He manufactured a famine by destroying food supplies, …

"Never Let A Good Crisis Go To Waste": Can International Law Seize The Advantage?, Yves Daudet

American University International Law Review

Some international crises are circumscribed, others are more diffuse, sometimes of varying intensity depending on the region. But, at the end of the day, all regions might be impacted according to an uncertain timetable. This is the case, for example, with terrorism, cybersecurity, the migration crisis, and the climate crisis, which is one aspect of environmental damage that intersects with the health crisis. Some are latent and marked by sudden outbreaks, such as terrorism or the Islamic State’s criminal operations. Others are set to worsen, such as the migration crisis, which today is probably small compared to what it will …

Combating Incels: Addressing Misogynistic Violence As An Early Warning Indicator Of Escalating Violence And Armed Conflict, Christie J. Edwards

Loyola University Chicago International Law Review

The spectrum of misogynistic violence between incels ("involuntary celibates"), non-State armed groups, and armed forces using extreme violence against women is based around the desire to restore "traditional" gender norms of male dominance, maintain systemic inequality between men and women, and often manifest in gender-based hate crimes before escalating into community violence and armed conflict. Governments and policy makers must dismantle structural inequalities and discrimination against women, as well as ensure effective criminal justice responses to gender-based hate crimes and all other forms of violence against women in order to address and prevent violence and armed conflict, as well as …

The Erasure Of Torture In America, Jessica Wolfendale

Case Western Reserve Journal of International Law

No abstract provided.

Platform-Enabled Crimes: Pluralizing Accountability When Social Media Companies Enable Perpetrators To Commit Atrocities, Rebecca Hamilton

Scholarly Articles in Law Reviews & Journals

Online intermediaries are omnipresent. Each day across the globe, the corporations running these platforms execute policies and practices that serve their profit model, typically by sustaining user engagement. Sometimes, these seemingly banal business activities enable principal perpetrators to commit crimes. Online intermediaries, however, are almost never held to account for their complicity in the resulting harms. This Article introduces the concept of platformenabled crimes into the legal literature to highlight the ways in which the ordinary business activities of online intermediaries enable the commission of crime. It then focuses on a subset of platform-enabled crimes—those in which a social media …

Data Privacy, Human Rights, And Algorithmic Opacity, Sylvia Lu

Fellow, Adjunct, Lecturer, and Research Scholar Works

Decades ago, it was difficult to imagine a reality in which artificial intelligence (AI) could penetrate every corner of our lives to monitor our innermost selves for commercial interests. Within just a few decades, the private sector has seen a wild proliferation of AI systems, many of which are more powerful and penetrating than anticipated. In many cases, AI systems have become “the power behind the throne,” tracking user activities and making fateful decisions through predictive analysis of personal information. Despite the growing power of AI, proprietary algorithmic systems can be technically complex, legally claimed as trade secrets, and managerially …

Caliphs, Jinns, And Sufi Shrines: The Protection Of Cultural Heritage And Cultural Rights Under Islamic Law, Eleni Polymenopoulou

Emory International Law Review

This Article examines the position of the Islamic legal tradition on arts and cultural heritage, including its pitfalls, and argues that a better understanding of Muslim state practice is needed to enhance the protection of cultural rights in the Muslim world. This can further facilitate collaboration between Muslim states and inter-governmental bodies working in the field of culture; implement better accountability mechanisms under international criminal law, as well as; to contribute to the fight against terrorism. In addition, the author submits that Islamic law is not necessarily an appropriate platform to enhance cultural rights and cultural heritage in the Muslim …

Miranda In Taiwan: Why It Failed And Why We Should Care, Shih-Chun Steven Chien

Law Faculty Articles and Essays

In 1997, the Taiwanese legislature amended the Code of Criminal Procedure to incorporate the core of the American Miranda rule into the legal system. The Miranda rule requires police officers and prosecutors to notify criminal suspects subject to custodial interrogation of their right to remain silent and their right to retain legal counsel. In subsequent amendments, the legislature enacted a series of laws to further reform interrogation practices in the same vein.

What happened next is a study in unintended consequences and the interdependence of law and culture. Using ethnographic methods and data sources collected over the past four years …

Admissibility Of Hearsay Gathered Under Mlat: A Tempest In Canada, Robert Currie

Articles, Book Chapters, & Popular Press

One of the most pervasive and longstanding problems in the practice of mutual legal assistance in criminal matters between states has been ‘form of evidence’–specifically, can the requested state provide evidence in such form as will be useful and admissible under the criminal evidence laws of the requesting state?It tends to be common law states that have difficulties with admissibility of MLAT-sourced evidence, and these often develop ‘work-arounds’ in their laws which attempt to relax admissibility standards. Canada is one such state, but a series of recent prosecutions has revealed judicial resistance to the tools employed. This note examines these …

State Responsibility For International Bail-Jumping, Robert Currie, Elizabeth Matheson

Articles, Book Chapters, & Popular Press

Over the last decade, there has been a spate of incidents in Canada and the United States involving Saudi Arabian nationals who, while out on bail for predominantly sexual crimes, were able to abscond from the countries despite having surrendered their passports. Investigation has revealed evidence supporting a reasonable inference that the government of Saudi Arabia has, in fact, assisted its nationals to escape on these occasions. This article makes the case that this kind of conduct amounts not just to unfriendly acts but also to infringements upon the territorial sovereignty of both states and serious breaches of the international …

Title Ix Abroad: A Proposed Framework For Extraterritorial Application, Christina Vieira Da Rosa

Lewis & Clark Law Review

Regulatory changes to Title IX made clear that the statute’s sexual assault grievance procedures do not apply to incidents that take place outside the United States. This Comment explores the reasoning underlying these 2020 regulations, which signal a departure from prior interpretations of Title IX and limit recourse for U.S. students who are sexually assaulted while studying abroad. Ultimately, this Comment argues that Title IX should have an extraterritorial reach when both complainant and respondent are affiliated with U.S. institutions. Such a change would harmonize Title IX’s underlying purpose with the practical difficulties of investigating and adjudicating conduct occurring outside …

Foreword: The Academy And International Law: A Catalyst For Change And Innovation, Michael P. Scharf, Caroline R. Cirillo

Case Western Reserve Journal of International Law

No abstract provided.