Digital Commons Network^™

“A Plain Denial”: Reclaiming Equal Protection In American Juvenile Law, Addie C. Rolnick, David S. Tanenhaus, Justin Iverson, Danielle L. Silvestri

Seattle University Law Review

Juvenile courts are based on the premise that children are different from adults and should therefore be treated differently. Children may be treated more informally by courts, punished for different purposes, and brought before the court for different behaviors. Since In re Gault, the Supreme Court has been clear that there are limits to how different juvenile courts can be. Juveniles are entitled to many of the same procedural protections as adult criminal defendants, although the Court has preserved some procedural differences where it has determined that their benefit is outweighed by the need to preserve the informality, flexibility, …

Overcrowding The System: Rethinking Juvenile Justice In Washington State, Mckenna White

Seattle University Law Review

The recent crisis at Green Hill School highlights the detrimental consequences of severe overcrowding in Washington State’s Juvenile Rehabilitation system—a problem exacerbated by the implementation of the JR to 25 legislation. This Note argues that the juvenile rehabilitation system, which is currently struggling to manage a wide age range of offenders, necessitates a fundamental rethinking of juvenile justice practices. By examining neurological research indicating continued brain development into the mid-twenties, along with the high prevalence of trauma among justice-involved youth, this Note proposes the creation of a dedicated third system of care within the Department of Children, Youth, and Families …

Neurodiversity In The Courtroom: Expanding Jury Service Accessibility Beyond Physical Disability, Samantha L. Mabe

Seattle University Law Review

The Americans with Disabilities Act has required equal access to jury service for decades; however, efforts to accommodate jurors with disabilities have been slow to develop beyond some minor accommodations for physical disabilities. While neurodivergent people frequently struggle to navigate a world catered toward neurotypical people, jury service remains inaccessible for many neurodivergent people who need accommodations to attend trial and engage in jury deliberations. If courts and advocates do not consider how to develop accommodations to secure the service of neurodivergent jurors, they will miss out on the unique skillsets that neurodivergent people can bring to resolving disputes.

Disabled …

The Future Of Diplomatic Asylum In Latin America, Regina Romero-Garza

The International Law Review Association Student Forum

Latin American Countries (“LAMC”) maintain a distinct set of diplomatic practices that differ from those commonly observed around the world. One observable distinction is the doctrine of diplomatic asylum, which allows political refugees of other countries to seek asylum in foreign embassies. The concept of diplomatic asylum is seldom recognized outside of the Latin American region, leaving LAMC as one of the few that recognize and use this locally recognized right. Various cases have arisen over the years involving disputes between the countries receiving the refugee (receiving state) and the country that wants the refugee in their custody (territorial state). …

Case Global: A Winning Tradition, Case Western Reserve University School Of Law, The Frederick K. Cox International Law Center

Case Global Newsletter

Volume 17, No. 1 (2025)

• CWRU once again ranked among the best in 2025 PreLaw magazine and US News & World Report rankings of International Law Program...
• Case Western Journal of International Law Tackles the Need to Update the Geneva Conventions
• Building on a Winning Tradition
• CWRU Launches New International Development Law Lab
• CWRU Establishes Spring Break in the Hague Program
• Professor Michael Scharf leads Team to Prepare Ukrainian Judges and Prosecutors to Try Environmental War Crimes
• Professor Rapp teaches Comparative Law to Saudi Administrative Judges in Riyadh
• Yemen Accountability Project publishes two new White Papers
• Immigration Clinic Builds Momentum …

Synthesis Theorization, Gauri Pillai

Denver Journal of International Law & Policy

Finding a space for reproductive rights within constitutions that are silent on them has been a perennial challenge. Most common responses fall into one of three categories. First, reading them into the right to privacy (or liberty). Second, and more recently, eschewing privacy and turning to the right to equality. And third, and most comprehensively, adding or combining privacy and equality. I argue that while rights addition avoids the need to choose between privacy and equality in framing reproductive rights, it falls short of capturing the intertwined lived reality of rights infringement. I source from within Indian constitutional law a …

Ubi Jus Ibi Remedium: Self-Determination, Devolution, And The Scottish Right To Independence, Soares, Kyra

Santa Clara Journal of International Law

No abstract provided.

Punishment In “Disneyland”: A Magical Review Of Singaporean Sentencing Law, Policy & Practice, Lucas Brolin

Notre Dame Journal of International & Comparative Law

Staying in Singapore is like visiting Disneyland, with a catch: Imagine indulging in the world’s most magical place, but Jeffrey Katzenberg gives you a walloping if you cut in line. Deploying this self-described “winning formula,” Singapore quickly rose to prosperity. Admirers and critics mutually note Singapore’s cleanliness, safety, and efficiency. Empirical metrics suggest these accolades are not anecdotal: Singapore scores at the top of global development indexes, boasts a low crime rate and high judicial clearance rate, has comprehensive infrastructure, clean public facilities and streets, and more. Singapore’s governance is rightly credited for its prosperous outcomes. However, it also invites …

“Economic Abuse” As An Element Of Domestic Violence Against Women: A Comparative Analysis Of Sri Lanka And United Kingdom, Pavithra Rajendran

Notre Dame Journal of International & Comparative Law

Economic abuse, though not a new concept in commercial law, remains underdefined and underutilized in the context of domestic violence, particularly violence against women. Recent scholarly discussions emphasize the need for a clear definition of economic abuse in this context: "Economic abuse entails a deliberate pattern of control where individuals disrupt their partner's ability to acquire, use, and maintain economic resources." This highlights economic abuse as a powerful tool of control, with perpetrators employing various strategies to assert dominance. Scholars often distinguish economic abuse from financial abuse, a crucial differentiation, especially with the recent enactment of the United Kingdom’s Domestic …

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 …

A New Exclusionary Rule To Protect Bodily Integrity And Discourage Pretext Stops, Josephine Ross

Seattle University Law Review

The author proposes a novel state-level exclusionary rule to reduce racial profiling and protect bodily autonomy during police encounters. The current Fourth Amendment jurisprudence fails to deter pretextual stops and frisks because the exclusionary rule often turns on officer fault and "good faith," allowing racially motivated practices to go unchecked. As federal rollbacks on diversity and data collection hinder efforts to track racial bias, the author argues for a statutory evidentiary rule that automatically excludes drug evidence found during (1) traffic stops, (2) pat-downs for weapons, and (3) consent searches, regardless of an officer’s intent or the legality of the …

Navahine V. HawaiʻI Dept. Of Transportation: The Keiki Will Lead Us, Catherine Smith

Seattle University Law Review

The author analyzes the landmark case Navahine v. Hawaiʻi Department of Transportation, which culminated in the world’s first constitutional climate settlement. Catherine Smith, serving as an expert for the youth plaintiffs, situates the case within Hawaiʻi’s legal tradition of prioritizing children’s rights and intergenerational equity. She explores the evolution of children’s constitutional protections, contrasting Hawaiʻi’s progressive jurisprudence with the dominant adult-centric legal framework on the mainland. She critiques four recurring analytical missteps in U.S. courts that marginalize children’s interests and highlights Hawaiʻi’s public trust doctrine and cultural values, such as the Aloha Spirit, as models for addressing climate-related harms. …

Ben Ferencz’S Pioneering Transitional Justice Legacy, Including And Beyond Accountability, Federica D'Alessandra

Cardozo International & Comparative Law Review

The article argues that Benjamin Ferencz was a foundational figure in the field of transitional justice, extending beyond his recognized contributions to international criminal justice. His work laid the groundwork for the four pillars of transitional justice: truth, accountability, reparation/restitution, and memorialization. Ferencz’s efforts in investigating war crimes, prosecuting perpetrators, advocating for victim-centered justice, and preserving historical records demonstrate his pivotal role in shaping modern transitional justice frameworks.

No More Mixed Message, Missing Money: Revisiting The Birth Of Icl’S Victim Restoration-Reparations Regime To Conceptualize Its Modern Reform, Gregory S. Gordon

Cardozo International & Comparative Law Review

The article argues that the International Criminal Court's (ICC) system for victim reparations is fundamentally flawed due to mission dissonance between its punitive and restorative goals, insufficient funding, and procedural limitations. It proposes the creation of an independent Atrocity Victim Reparations Tribunal (AVRT) under the UN to address these issues, ensuring more effective and victim-centered reparations.

Thirtieth Aniversary Of The Srebrenica Genocide: Revisting The Judgment In The “Bosnian Genocide Case”, Harun Halilović

Indonesian Journal of International Law

The year 2025 marks the thirtieth anniversary of the Srebrenica genocide. This article aims to revisit and give an overview of the critical points of the judgment in the case of Bosnia and Herzegovina v Serbia and Montenegro (Judgment), related to the application of the Convention on the Prevention and Punishment of the Crime of Genocide that was conducted before the International Court of Justice. The case (also known as the Bosnia v Serbia case) was brought to an end by the Judgment in 2007, drawing a mixed response. The main points of contention in the Judgment are related to …

The Instrumentalization Of The Unprivileged Combatants By Western Countries Aimed To Oppress National Liberation Wars, Fares Mahmoud Def-Allah Abdelhamid

Theses and Dissertations

The goal of International Humanitarian Law (IHL) is purported to be the humanization of wars. Nonetheless, the atrocities committed in wars and the war criminals’ impunity suggest the failure of IHL. Notwithstanding, some voices call for reforming and developing IHL. In contrast, this thesis argues that IHL should be rejected entirely since the distinction between privileged and unprivileged combatants indicates that IHL is biased against anti-colonizers. It is biased in three senses. Firstly, IHL, particularly the distinction between privileged and unprivileged combatants, is dominated by Western rationality, which can be noticed in the domination of the civilization concept with its …

Asian Values In International Dispute Settlement: Issues Of Parallel Jurisdiction, Haijing Huang, Tze Chin Ong

Indonesian Journal of International Law

Asian Values promoted significant economic growth to Asian societies in 1990s but were challenged by the 1997-1998 financial crisis. Engaging in regional trade agreements (RTAs) can enhance market access and keep regulatory cooperation, the number of RTAs has grown explosively in Asian countries. Most of these RTAs may include more far-reaching form of dispute settlement provisions distinct from or parallel to the World Trade Organization (WTO). Historical analysis is employed to examine the applicable principles of Asian Values and their influences on economic growth and dispute settlement. Additionally, the article also conducts case study analysis of several trade disputes with …

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.

Regulating Misdemeanors In China, Enshen Li

Brooklyn Journal of International Law

China has arguably entered an era of misdemeanors. Perceived as offenses punishable by a sentence of three years’ imprisonment or less, misdemeanors have reportedly taken up the majority of criminality in China over the past two decades. This shift in criminal dynamics has precipitated a pressing need for structural changes in the state’s criminal legal system, with calls for reform oriented toward decriminalization as a tailored dispositional channel for petty offenders showing a lower level of criminal culpability. This Article offers a critical scrutiny of China’s prevailing decriminalization initiatives for reducing the penalties and collateral consequences of misdemeanors. Situating these …

Legitimacy Throughlines In The Structural Design Of International & "Internationalized" Criminal Tribunals, Michael J. Kelly

Notre Dame Journal of International & Comparative Law

Today, the rather surprising and sudden surfeit of prosecutions for international crimes by states utilizing universal jurisdiction as we open the second decade of the 21^st Century may represent a preference for domestic over international criminal prosecution altogether. Yet, the legitimacy quotient remains a key part of the discussion. For example, as discussed in section V below, with respect to the crime of Russian aggression against Ukraine, opinion is divided as to whether prosecution for this crime should proceed from a newly created international tribunal or from an “internationalized” court within the Ukrainian judicial system.[1] Ukraine backs the …

Navigating Sovereignty And Human Rights: A Legal Analysis Of Palestinian Detention Under Israeli Jurisdiction In Comparison To International Law, Amani Nidal Odeh

Dissertations and Theses

This thesis examines whether Israeli detention practices of Palestinians conform to or contravene Israeli domestic legislation and international legal standards using a doctrinal legal analysis. This thesis evaluates six key areas through four hypotheses: the detention of minors, geographic disparities (particularly Gaza), administrative detention procedures, the use of military courts, due process violations, and detention conditions. While Israeli domestic law formally authorizes these practices, the analysis finds they routinely violate crucial international legal norms, including the ICCPR, CRC, CAT, and the Fourth Geneva Convention. The use of secret evidence, prolonged administrative detention without trial, and discriminatory legal frameworks undermines the …

The Local Impact Of The International Standardization Of Transitional Justice: Lessons From The Ugandan Case, Thomas Hansen

Georgia Journal of International & Comparative Law

This Article examines how international transitional justice (TJ) standardization has influenced Uganda's TJ processes, exploring stakeholder perceptions, local implementation, and its implications for academics, policymakers, and practitioners.

Countries As Laboratories: Reflections On Sierra Leone’S Amended Anti-Human Trafficking Law, Andrea Dennis

Georgia Journal of International & Comparative Law

Sierra Leone’s improved anti-trafficking laws align with global norms, but enforcement remains weak due to socio-economic realities and Western deterrence mismatches, limiting effective prosecution despite recent legislative reforms.

Prevention Of And Response To International Crimes Against And Affecting Children, Diane Marie Amann

Scholarly Works

This submission endeavoured to aid the efforts of Parliament’s Standing Group on Atrocity Crimes to promote within the United Kingdom a comprehensive framework regarding international crimes. The submission stressed that prevention is the preferred course: ex ante prevention avoids present harms, inter-generational traumas, and future risks of retaliatory violence, while ex post responses, in the form of criminal proceedings, are likely to be random and selective, not comprehensive. It urged that when harm does occur, responses must aim not only to exact retribution, but also to repair injuries, heal societies, and foster peaceful settlements of disputes. To these ends, the …

Pretrial Decision-Making In Brazil Under Inter-American Human Rights Law, Thiago Nascimento Dos Reis

University of Miami Inter-American Law Review

In recent decades, pretrial detention has been a key contributor to Brazil’s mass incarceration. This is true, despite domestic and international norms limiting pretrial detention to exceptional circumstances and mounting evidence linking it to worse outcomes for arrestees in their criminal proceedings and post-release life prospects. As a longitudinal multivariate pretrial research in Brazil, this Article investigates the key mechanisms and factors that explain pretrial detention in relation to inter-American human rights standards. This Article conducts a quantitative case study of the first one hundred days of detention for all 2,158 non-confidential flagrant arrests in the first eight months of …

No Lawyer, No Jail: A Critical Case Study Of Pragmatism And The Flaws Of “Purposeful” Decision Making In Argersinger V. Hamlin, Alisa Smith, Sarah K. Stice

Seattle University Law Review

By releasing conference notes and internal communications, Supreme Court Justices provide insight into the otherwise private decisionmaking process, shedding light on how case outcomes and legal reasoning are framed and negotiated. The watershed case of Argersinger v. Hamlin (1972) extended the constitutional right to counsel to some, but not all, misdemeanor defendants. The case was argued twice, and the Court relied on empirical and authoritative sources to answer complex and practical questions about requiring counsel. This case study employs critical discourse analysis to uncover what influenced the Justices’ decisions and how they framed, shaped, and constructed social realities to foreground …

The Race To Erase: Destruction Of Government Documents Undermines Freedom-Of-Information Laws, Frank D. Lomonte

Seattle University Law Review

In August 2019, reporters with Chattanooga’s daily newspaper, the Times Free Press, filed what seemed to be a routine request for access to emails and other public records held by their local county government. The seemingly unremarkable request set the newspaper’s staff on a months-long journey of unpleasant surprises. The first was a demand to pay the county $717 in advance before being allowed to inspect the documents. The second was that—during prolonged haggling over the fee assessment— the county attorney’s office simply destroyed almost all of the disputed records. Third, and most glaringly, the journalists discovered that Tennessee law …

When You’Re Arrested For A Felony In Seattle, You’Ll Meet Me., Austin Field

Seattle University Law Review

In this Essay, Austin Field, a practicing public defender, uses a first-person perspective to describe what it is like to meet a criminal defendant for the first time. He explains the process from start to finish, detailing everything from the way he introduces himself to how bail works.

"I’ll ask you for your name. Most of the time, you tell me. I check your name against my list. On any given day I’m supposed to interview between five and fifteen people. I have a lot of questions for you. We only have about ten minutes."

Butterfly Effects: Women And Criminal Law, Pavithra Rajendran

Washington International Law Journal

Through a comparative analysis of the criminal laws of Sri Lanka and the United States, this paper examines how Sri Lanka’s legal framework on sexual offenses often hinders women’s access to justice and reinforces systemic gender discrimination. Recognizing the structural constraints inherited from older common law traditions, it underscores the potential for reform through targeted, gradual changes, drawing on developments in modern common law in the United States and relevant international legal standards. The discussion unfolds in three parts: first, a feminist critique of exiting criminal laws in postcolonial; common law systems such as Sri Lanka’s; second, a comparative analysis …

Comparative Analysis Of Legal Systems: Unraveling The Key Distinctions Between The United States And Spain, Lucy Vanover

Finance Undergraduate Honors Theses

This paper explores the key differences between self-defense laws in the United States and Spain, two countries with distinct legal frameworks. In the U.S., self-defense is governed by a variety of laws that discuss the scope of reasonable force and apply this framework on the basis of precedent. In contrast, Spain, under the Civil Code, applies a more unified approach to self- defense.