Digital Commons Network^™

Victims And Prosecutors: Clientelism, Legalism, And Culture At The International Criminal Court, Stephen Cody

Suffolk University Law School Faculty Works

Prosecutors at the International Criminal Court (ICC) have a dual mission: hold perpetrators accountable for grave international crimes, and deliver justice to victims. To fulfill these mandates, the Office of the Prosecutor must navigate dynamic understandings of justice in disparate post conflict societies. Yet, few empirical studies have investigated how culture--viewed as a resource for navigating social relations--impacts relationships between ICC prosecutors and victims and shapes participants' expectations of international criminal law. Do prosecutors and victims embedded in distinct relational networks experience international justice differently?
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/="/">Drawing from 298 interviews with atrocity crime victims in Uganda and Democratic Republic …

On Sexual Harassment In The Judiciary, Leah Litman, Deeva Shah

Articles

This Essay examines the legal profession’s role in sexual harassment, particularly in the federal courts. It argues that individuals in the profession have both an individual and collective responsibility for the professional norms that have allowed harassment to happen with little recourse for the people subject to the harassment. It suggests that the legal profession should engage in a sustained, public reflection about how our words, actions, attitudes, and institutional arrangements allow harassment to happen, and about the many different ways that we can prevent and address harassment.

Genetic Duties, Jessica L. Roberts, Alexandra L. Foulkes

William & Mary Law Review

Most of our genetic information does not change, yet the results of our genetic tests might. Labs reclassify genetic variants in response to advances in genetic science. As a result, a person who took a test in 2010 could take the same test with the same lab in 2020 and get a different result. However, no legal duty requires labs or physicians to inform patients when a lab reclassifies a variant, even if the reclassification communicates clinically actionable information. This Article considers the need for such duties and their potential challenges. In so doing, it offers much-needed guidance to physicians …

Fall 2020

The Weldon Times

A student-run publication from the Schulich School of Law at Dalhousie University.

Co-Editors in Chief: Tiffany Leung, Madison Ranta

Graphic Design & Layout: Alexandra Fox

Encouraging Entrepreneurship And Innovation Through Regulatory Democratization, Seth C. Oranburg

San Diego Law Review

Law and economics scholars agree that business regulations have a disproportionately negative impact on entrepreneurship and innovation. It would be a significant problem indeed if the very nature of regulation inhibits this kind of growth and creativity. This view of the problem suggests that the only way to increase innovation would be to decrease regulation.

Yet this view is too general. When examined more closely, all regulations are not created equal. Regulations can be formulated as rules or standards, and they can be simple or complex. Moreover, some rules are easily understood by computers and are thus suitable for automated …

Fixing Social Media: Toward A Democratic Digital Commons, Michael Kwet

Markets, Globalization & Development Review

In the past few years, big Social Media networks like Facebook, Twitter, and YouTube have received intense scrutiny from the intellectual classes. This article critiques the dominant strain of criticism, the neo-Brandeisian School of antitrust, for its narrow focus on “regulated competition” as an appropriate means to “fix social media”. This essay calls for a socialist alternative: a democratic social media commons based on free and open source technology, decentralization, and democratic socialist legal solutions. It reviews how existing solutions like the Fediverse and LibreSocial work, and how they may provide answers for a better way forward.

Setting The Standard: Multidisciplinary Hallmarks For Structural, Equitable And Tracked Antibiotic Policy, Claas Kirchhelle, Paul Atkinson, Alex Broom, Komatra Chuengsatiansup, Jorge Pinto Ferreira, Nicolas Fortané, Isabel Frost, Christoph Gradmann, Stephen Hinchliffe, Steven J. Hoffman, Javier Lezaun, Susan Nayiga, Scott H. Podolsky, Kevin Outterson, Stephanie Raymond, Adam P. Roberts, Andrew C. Singer, Anthony D. So, Luechai Sringernyuang, Elizabeth Tayler, Susan Rogers Van Katwyk, Clare I. R. Chandler

Faculty Scholarship

There is increasing concern globally about the enormity of the threats posed by antimicrobial resistance (AMR) to human, animal, plant and environmental health. A proliferation of international, national and institutional reports on the problems posed by AMR and the need for antibiotic stewardship have galvanised attention on the global stage. However, the AMR community increasingly laments a lack of action, often identified as an ‘implementation gap’. At a policy level, the design of internationally salient solutions that are able to address AMR’s interconnected biological and social (historical, political, economic and cultural) dimensions is not straightforward. This multidisciplinary paper responds by …

Backgrounder To The Accompanying Report ‘’’Troubling Incrementalism’: Is The Canadian Pension Plan Fund Doing Enough To Advance The Transition To A Low-Carbon Economy?”, Cynthia Williams

Canada Climate Law Initiative

No abstract provided.

Open Is Not Forever: A Study Of Vanished Open Access Journals, Mikael Laakso, Lisa Matthias, Najko Jahn

Copyright, Fair Use, Scholarly Communication, etc.

The preservation of the scholarly record has been a point of concern since the beginning of knowledge production. With print publications, the responsibility rested primarily with librarians, but the shift towards digital publishing and, in particular, the introduction of open access (OA) have caused ambiguity and complexity. Consequently, the long-term accessibility of journals is not always guaranteed, and they can even disappear from the web completely. The purpose of this exploratory study is to systematically study the phenomenon of vanished journals, something that has not been done before. For the analysis, we consulted several major bibliographic indexes, such as Scopus, …

‘Troubling Incrementalism’: Is The Canadian Pension Plan Fund Doing Enough To Advance The Transition To A Low-Carbon Economy?, Cynthia Williams

Canada Climate Law Initiative

The Canada Pension Plan (CPP) is one of the world’s largest public pension funds, with $409.5 billion in assets under management as of March 31, 2020. The mandate of the CPP Investment Board (CPPIB) is to manage the funds of the CPP in the best interests of Canadian Pension Plan contributors and beneficiaries, and to maximize investment returns without undue risk of loss. As CPP Investments CEO and President Mark Machin has recently observed, “our investment mandate and professional governance insulate our decision-making from short term distortions and gives us license to help shape the long-term future.” (In 2020, CPPIB …

Encouraging Entrepreneurship And Innovation Through Regulatory Democratization, Seth C. Oranburg

Law Faculty Scholarship

[Excerpt] "Entrepreneurship provides a path to prosperity for many people. In particular, women and minorities prefer entrepreneurship as their path to achieve the American Dream. In their striving, their startups and small businesses benefit our entire society. Entrepreneurial innovation has a positive impact on social welfare. For these reasons, the federal government has implemented numerous policies designed to support small businesses and promote startup innovation."

Designing Analog Learning Games: Genre Affordances, Limitations And Multi-Game Approaches, Owen Gottlieb, Ian Schreiber

Articles

This chapter explores what the authors discovered about analog games and game design during the many iterative processes that have led to the Lost & Found series, and how they found certain constraints and affordances (that which an artifact assists, promotes or allows) provided by the boardgame genre. Some findings were counter-intuitive. What choices would allow for the modeling of complex systems, such as legal and economic systems? What choices would allow for gameplay within the time of a class-period? What mechanics could promote discussions of tradeoff decisions? If players are expending too much cognition on arithmetic strategizing, could that …

Cooperation In The International System: An Interdisciplinary Investigation At The Intersection Of International Relations And International Law, Kalyani Unkule

Maurer Theses and Dissertations

A conversation between the disciplines of International Relations and International Law illuminates the nature of interstate cooperation and enhances our understanding of the nature and potential of international law. There are methodological and practical asymmetries between International Relations and International Law which create ideal conditions for interdisciplinary work. Studying international cooperation on protecting cultural heritage enable us to address the above questions and reevaluate and extend underlying theoretical frameworks.

The Public Problem With Counterterrorism, David A. Westbrook, Mark Maguire

Other Scholarship

No abstract provided.

Parameters Autumn: 2020, Usawc Parameters

The US Army War College Quarterly: Parameters

No abstract provided.

Mining Conflict, Indigenous Peoples And Environmental Justice: The Case Of Phulbari Coal Project In Bangladesh, Mohammad Mahmudul Hasan

PhD Dissertations

My doctoral dissertation, an in-depth case study of the Phulbari Coal Project in Bangladesh, accentuates the interests and engagements of Indigenous peoples (Adibasi people) in the decisionmaking process in resource extractive industries through an environmental justice framework. My primary aim is to observe how and to what extent Indigenous peoples’ interests are reflected in official environmental decision-making processes versus how they frame their own claims in a mining conflict situation. I employ extensive qualitative research in the project area to demonstrate how Adibasi communities articulate and implement their claims through raising their voices and ultimately stimulating a movement that stopped …

Sense Of Place: The Intersection Between Built Heritage And Intangible Cultural Heritage In Singapore, Jack Lee

Journal of Comparative Urban Law and Policy

Built heritage in Singapore is safeguarded through two legal regimes, one relating to national monuments declared under the Preservation of Monuments Act (Chapter 239, 2011 Revised Edition), and the other relating to conservation areas declared under the Planning Act (Cap 232, 1998 Rev Ed). In contrast, no particular legal protection exists for intangible cultural heritage. Considering examples such as tomb inscriptions and rituals for honouring the deceased at Bukit Brown Cemetery, this article explores how built heritage can be secured and enriched by giving greater recognition and protection in international and domestic law to the intangible cultural heritage associated with …

The Making Of Urban Applied Statistics With Four Of Juergensmeyer's Theoretical Insights, Wellington Migliari

Journal of Comparative Urban Law and Policy

The present article delves deeper into four academic contributions written by the emeritus professor Julian Conrad Juergensmeyer, Ben F. Johnson Jr. Chair in Law and Director, Center for the Comparative Study of Metropolitan Growth. Co-authoring relevant publications on spatial issues from different perspectives, we identify four valuable insights accumulated along four decades dedicated to industrial co-operation, planning costs, land use and infrastructure development. All of them combined can make what we denominate an urban developmental mind. It is a strategic sequence of ideas involving urban planning, economics and law as a complex yet inevitable amalgamation of knowledge for human development. …

Addressing Transplant Tourism Problems And Proposed Solutions: Regulation Instead Of Prohibition, Colleen Naumovich

Indiana Journal of Global Legal Studies

Medical tourism, as defined by scholar Glenn Cohen, is "the travel of residents of one country to another country for treatment."' Transplant tourism, a type of medical tourism, is traveling abroad to purchase an organ for transplant. Although organ sale is currently illegal in every country except Iran, many countries-such as India, the Philippines, Pakistan, Bangladesh, and Egypt-have thriving black markets for these goods. Organ transplants are often the only effective means of treating end state organ failure, and the demand for transplants is especially high in developed and middle-income countries. Shortages of available donors and organs, however, have caused …

The Property Species: Mine, Yours, And The Human Mind, Bart J. Wilson

Economics Faculty Books and Book Chapters

"Arguing that neither the sciences nor the humanities synthesizes a full account of property, the book offers a cross-disciplinary compromise that is sure to be controversial: Property is a universal and uniquely human custom. Integrating cognitive linguistics with philosophy of property and a fresh look at property disputes in the common law, the book makes the case that symbolic-thinking humans locate the meaning of property within a thing. That is, all human beings and only human beings have property in things, and at its core, property rests on custom, not rights. Such an alternative to conventional thinking contends that the …

Keeping The Barbarians At The Gates: The Promise Of The Unesco And Unidroit Conventions For Developing Countries, Michael P. Goodyear

Michigan Journal of International Law

The illicit trade in cultural property is a global phenomenon, powered by criminal networks and smuggling trains that sacrifice local culture for the black market of the art world. Headlines featuring the Islamic State’s lucrative exchange in stolen cultural property, among other incidents, have raised the profile of the illicit cultural property trade on the global stage. Developing countries, as the most prominent source countries of cultural property, are particularly at risk. Existing scholarship has searched for a solution to this crisis, suggesting a new international treaty to protect cultural property or recommending the utilization of adjacent legal fields. However, …

Turkey Vs. Ahmet Tuna Altınel, René Provost, Human Rights Institute

Human Rights Institute

Ahmet Tuna Altınel is a Professor of Mathematics at the University of Lyon-1 in France. During a visit to Turkey, his passport was seized. When he inquired as to its whereabouts, he was arrested on suspicion of “propaganda for a terrorist organization,” soon thereafter charged with “membership in a terrorist organization,” and detained for nearly three months. The predicate for this charge was social media posts inviting attendance at an event in France entitled “Cizre — the Story of a Massacre” and interpretation assistance Mr. Altınel provided at the event. After his eventual release from pre-trial detention, the prosecution again …

Aspects Of Precolonial Isoko Socio-Political Relations With Their Neighbours In South Central Nigeria, Uwomano Benjamin Okpevra

International Review of Humanities Studies

This work focused on aspects of pre-colonial Isoko socio-political relations with their neighbours in the Niger Delta region of South Central Nigeria. It attempts to illuminate the nexus between internal and external dynamics and the concomitant changes and continuities in Isoko relations with their Urhobo, Ijaw, Ukwuani and Aboh neighbours. The work is premised on the historical method and interpretations deploying primary and secondary data to achieve its objective. The study concludes that intergroup relations in the region is largely influenced by their somewhat common ancestral origin; geographical contiguity; a shared common environmental and cultural practices; and the experience of …

Promote Healing And Restore Lives: Clinicians’ Reflections On Their Experiences In Working With Survivors Of Trafficking, Brittany Burch

McNair Scholars Research

Humans are shaped by their personal beliefs, values, and individual philosophies of life. Personal ideologies of humanitarian aid can root a deep desire to provide help and assistance to the vulnerable within our community. This desire often manifests itself specifically in clinicians seeking to provide healing, hope, and restoration in the lives of women and men. (Thullesen, 2019). Human trafficking is a prominent human rights and social justice issue that is embedded within our society. This study focused on clinicians’ experiences and perspectives in working with victims of human trafficking.

The data was collected through interviews of clinicians working directly …

De Libero Conscientia: Martin Luther’S Rediscovery Of Liberty Of Conscience And Its Synthesis Of The Ancients And The Influence Of The Moderns, Bessie S. Blackburn

Liberty University Journal of Statesmanship & Public Policy

One fateful day on March 26, 1521, a lowly Augustinian monk was cited to appear before the Diet of Worms.[1] His habit trailed behind him as he braced for the questioning. He was firm, yet troubled. He boldly proclaimed: “If I am not convinced by proofs from Scripture, or clear theological reasons, I remain convinced by the passages which I have quoted from Scripture, and my conscience is held captive by the Word of God. I cannot and will not retract, for it is neither prudent nor right to go against one’s conscience. So help me God, …

Flexibly Fluid & Immutably Innate: Perception, Identity, And The Role Of Choice In Race, Emily Lamm

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Algorithmic Central Planning: Between Efficiency And Freedom, Przemysław Pałka

Law and Contemporary Problems

No abstract provided.

Black Markets And The Exchange Structure, Richard R.W. Brooks

Law and Contemporary Problems

No abstract provided.

Labour Of Love: An Open Access Manifesto For Freedom, Integrity, And Creativity In The Humanities And Interpretive Social Sciences, Andrea E. Pia, Simon Batterbury, Agnieszka Joniak-Lüthi, Marcel Laflamme, Gerda Wielander, Filippo M. Zerilli, Melissa Nolas, Jon Schubert, Nicholas Loubere, Ivan Franceschini, Casey Walsh, Agathe Mora, Christos Varvantakis

Copyright, Fair Use, Scholarly Communication, etc.

Over the next decade, Open Access (OA) is likely to become the default in scholarly publishing. Yet, as commercial publishers develop new models for capturing revenue (and as policy initiatives like Plan S remain reluctant to challenge their centrality), researchers, librarians, and other concerned observers are beginning to articulate a set of values that critically engages the industry-driven project of broadening access to specialist scholarship. While alternative genealogies exist, conversations about OA in the Global North have largely been concerned with the model of the STEM disciplines, lately shifting to focus on the development of infrastructural fixes that transcend traditional …

Is Incorporation The Solution To The Enigma Of Corporate Tax Residency For International Tax Purposes?, Charles Edward Andrew Lincoln Iv

Texas A&M Law Review

Incorporation of a company for testing residency—if applied uniformly—is likely the best and most accurate way to reflect corporate residency for tax purposes. However, it does not always reflect economic reality. There is not a consensus on what the best approach is. The Organization for Economic Cooperation and Development (“OECD”) countries overwhelmingly use three tests for residency: incorporation, central management and control, and domicile. Indeed, a court in the United States or other jurisdictions may often ask if tax-avoidance motives exist when incorporation occurs in one jurisdiction and central management and control occurs in another.

This Article follows the 2017 …