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"Tac-Ing" On Coherence: Achieving Sustainable Baltic Sea Fisheries Management By Hooking Precautionary Science And Greater Transparency In Eu Total Catch Negotiations, Patrick Seroogy

Ocean and Coastal Law Journal

This article argues that what makes the difference in success between these two regimes is how strictly the scientific advice underlying catch limits the advice is adhered to, and the influences allowed unto decisionmakers in the catch limit negotiation process. Whereas the United States uses the scientific advice about the MSY as a strict upper limit in determining annual catch limits, the EU does not. This allows stakeholders in the EU’s CFP governance, in particular fishing industry actors, to influence regulators to raise TACs above adequately precautionary levels in the name of “balancing” sustainable fishing with short-term economic interests. The …

Rape And Sexual Assault On The High Seas: A Case Of Murky Jurisdiction, Linny Kit Tong Ng

Ocean and Coastal Law Journal

Rape and sexual assault on the high seas present a complex, dual-faceted challenge encompassing both legal and socio-cultural dimensions. The high seas are marked by jurisdictional ambiguity. International law assigns jurisdiction to the flag State of the vessel. However, many vessels are registered to States lacking adequate legal frameworks or the capacity to address such crimes effectively. While international law does allow for intervention by other States under certain principles of jurisdiction, the lack of legal clarity and political will often results in hesitation from non-flag States, except for the United States. This hesitance leaves victims without recourse. This Article …

Volume 16 Issue 2 - Full Issue

Notre Dame Journal of International & Comparative Law

No abstract provided.

Mucho Ruido Y Pocas Nueces? Rethinking Mexico's Judicial Reform In Comparative Perspective, Oscar Serratos

Notre Dame Journal of International & Comparative Law

Mexico's 2024 judicial reform, which made it the first country to elect all judges by popular vote, has generated widespread criticism for allegedly threatening judicial independence and democratic governance. This Article challenges the prevailing narrative by arguing that many of these concerns overstate the reform's practical effect. Through a comparative analysis of Mexico's new constitutional framework and judicial electoral systems in the United States, the Article demonstrates that the reform incorporates structural safeguards—including balanced nomination powers, nonpartisan elections, restrictions on campaign financing, and continued judicial training—that set it apart from comparable American models. While acknowledging legitimate concerns regarding implementation and …

Shanghai In The 1930s, The German Civil Code And The Tragic Story Of A Brilliant Legal Mind, Lutz-Christian Wolff

Notre Dame Journal of International & Comparative Law

No abstract provided.

The Intertemporal Law Doctrine's Application To The Acquisition Of Colonies In The Americas, Kent Mcneil

Notre Dame Journal of International & Comparative Law

No abstract provided.

Collaboration, Coopération Et Intérêt Commun : La Fluidité De L’Exigence De Bonne Foi En Droit Égyptien Et Français Des Contrats, Rana Mohammad Safi

Journal of Civil Law Studies

Le contrat, étant la source d’obligation primordiale dans la société, a connu une évolution remarquable depuis le XIXe siècle. Créant des obligations réciproques, le contrat peut être perçu sous un prisme antagoniste, chaque contractant veillant à ses propres intérêts avant les intérêts du cocontractant. Cependant, le droit des obligations connut une émergence des devoirs contractuels, notamment avec l’introduction de la bonne foi, renforcée au cours du temps pour inclure, en plus de l’honnêteté, les devoirs d’information, de loyauté et de coopération. Certains ont même considéré que cette évolution a conduit à une « crise du contrat » affaiblissant le fondement …

Cover, Masthead & Contents

Journal of Civil Law Studies

Contents

Editorial, Olivier Moreteau

Journal of Civil Law Studies

For the first time since the pandemic, the Journal of Civil Law Studies returns to publishing two issues per year, enabling faster publication.

Revisiting The Genesis Of French Louisiana: It’S No Coincidence The Civil Code Was Adopted—We Ain’T Anglos!, Warren Perrin

Journal of Civil Law Studies

This article examines how Louisiana’s distinctive civil law tradition survived the Louisiana Purchase and became embedded in the state’s identity through the interaction of culture, migration, and political compromise. Tracing the development of French Louisiana from the Acadian diaspora to statehood, the article argues that the adoption and preservation of the civil code was not accidental, but rather the product of a deeply rooted Francophone and multicultural society resistant to Anglo-American common law traditions. The study highlights the influence of major historical figures including Thomas Jefferson, William C.C. Claiborne, Julien Poydras, Casa Calvo, and Edward Livingston, while also emphasizing the …

Civil Code Reforms And Sources Of Law: The French And Quebec Experience Compared, Pascale Deumier, Mathieu Devinat

Journal of Civil Law Studies

Can civil codes be reformed “like any other piece of legislation?” A comparison of the French and Quebec experiences illustrates the methodological challenges that arose from civil code reform projects for the Civil Code of Québec during the last two Centuries. It also reveals the complex relationship that jurists have with “their” own civil code, in a civil law context.

The Civil Law English Terminology (Civlet), A Louisiana Gift To The World, Olivier Moreteau

Journal of Civil Law Studies

In the early 19th century, Louisiana codified its civil law in French and in English. In the 20th century, it translated French civilian doctrine and then produced its own civilian literature in English. Over time, lawmakers and translators have crafted and refined new English legal terminology suited to expressing civilian concepts, thereby setting aside common law terminology. Quebec joined the process once Canada imposed bilingualism, while other English-speaking mixed jurisdictions also contributed. This article shows how, outside the common law English terminology (COMLET), a civil law English terminology (CIVLET) is developing, and is also enriched by a comparative law English …

Jurisprudential Approach To The Concept Of Intent In Greek Law 3869/2010 (Personal Bankruptcy) With Comparative Perspectives, Andreas-Nikolaos Koukoulis

Journal of Civil Law Studies

Under Law 3869/2010 in Greece, fraud plays a central role in determining eligibility for debt relief. The law aims to protect individuals from banking practices that have led them to over-indebtedness, except for those who know they cannot or do not wish to repay their debts. Fraud is defined as a subjective element that must be proven by the creditor, highlighting behaviors such as willful avoidance of payments despite having the means to do so. The evaluation of the debtor's actions is examined for intent, particularly considering factors such as the debtor's lack of experience or understanding. Greek courts emphasize …

Variations On Property And Power: Corporations, Absolute Dominium, And Partus Sequitur Ventrem In The 1825 Louisiana Civil Code, John A. Lovett

Journal of Civil Law Studies

Over the past year, the Louisiana legal community has celebrated the bicentennial of the 1825 Louisiana Civil Code with enthusiasm, observing its solidification of the civil law tradition in Louisiana and documenting its importance in the spread of civil law throughout the Americas. This Article focuses on three areas of the 1825 Civil Code that have generally not attracted significant scholarly attention in Louisiana but that have important socio-legal significance. 
First, the Article addresses twenty articles appearing toward the end of Book I of the Civil Code that allow, define, and regulate corporations. Even though private corporations were still rare …

Family Court Proceedings In Baton Rouge, Charlotte Chapel

Journal of Civil Law Studies

Student Note

Complete V. 18.1

Journal of Civil Law Studies

Complete Issue

Religious Liberty And The New Ten Commandments Cases, Christopher C. Lund

Journal of Catholic Legal Studies

(Excerpt)

Thanks for having me. I’m grateful to St. John’s, the Mattone Center, and Professor Movsesian for the invitation. I’m glad to be here with Eric, whom I admire greatly. I’ve worked with Eric and Becket on several projects, and we see some things quite similarly. But on these issues, we see things differently, which I hope will make for good conversation.

Religious liberty is one of America’s great contributions to the world. Centuries ago, religious liberty brought an end to the war of religion. And in our modern society, religious liberty enables people to live together with fundamentally different …

Soft Establishment, Religious Education, And Stone V. Graham, Christopher C. Lund

Journal of Catholic Legal Studies

The Supreme Court has said the Establishment Clause should be interpreted in light of history and tradition. This Essay adds to the historical conversation by highlighting an overlooked dimension of religious establishment. Many recent decisions and commentary treat coercion as the central feature of establishment, often drawing on Michael McConnell’s identification of six common features of religious establishments. But McConnell’s categories were never meant to be exhaustive, and coercion alone cannot explain important parts of the historical record.

Religious education was central to religious establishment. Established religions took deliberate measures to secure the intergenerational transmission of the faith, a task …

Sustainable Solutions For Food Security In Djibouti: A Renewable Energy Initiative, Michaëlle Arielle Kouakep Tsoh, Tsoh Ekassi Gilbert, Thierry Césaire Kenmogne, Brice Pinga Tcheugoué, Justin Kouamo

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

According to the World Bank Group, East African countries have fragile food systems and low agricultural production. Djibouti is among the most undernourished countries in Africa and is severely affected by freshwater scarcity. Households regularly face climatic shocks and high electricity costs. This literature review characterizes Djibouti’s food systems and food security situation, identifies and analyzes renewable energy technologies implemented to improve food security in the local context, and presents renewable technologies as sustainable solutions to food insecurity. The results show that rural households are more likely to be food insecure and that the Djiboutian government promotes sustainable energy solutions. …

Trial By Fire: Disaster Justice And Lessons Learned, Clifford Villa

Faculty Scholarship

Disaster Justice reflects the intersection of environmental justice and disaster law. The study of disaster justice is becoming increasingly essential as disasters become more frequent and devastating in the face of accelerating climate change. Disaster law is marked by statutes such as the federal Stafford Act and by theory such as the “disaster cycle” of readiness, response, and recovery. Environmental justice recognizes that the distribution of harms such as bad air or water quality may be distributed inequitably among groups such as low-income populations or racial minorities. In similar fashion, the adverse impacts of disasters may also be distributed inequitably …

From Chainsaws To Courtrooms: Corporate Climate Litigation And Deforestation In Brazil, Maria Antonia Tigre, Mariana Barbosa Cirne

Sabin Center for Climate Change Law

Corporate climate litigation has emerged as one of the most dynamic and high profile tools for addressing the private sector’s role in the climate crisis. While much of the scholarship and public debate has centered on cases in the United States and Europe, litigation targeting corporations in the Global South — particularly Brazil — has grown rapidly, both in volume and significance. Brazil now ranks among the world’s top jurisdictions for corporate climate damage claims. These suits have pioneered methods for quantifying climate damages, often from illegal deforestation, and have tested the reach of the civil liability regime in novel …

Interim Measures In International Commercial Arbitration: Revisiting Enforceability, Sophia Kubo

Michigan Journal of International Law

Interim measures may offer a solution to obstructive tactics in international commercial disputes. While arbitral tribunals’ authority to grant provisional relief is now widely recognized, enforcement remains legally uncertain and fragmented, undermining the promise of this solution. Acknowledging that proposals for a supranational treaty on enforcement of interim measures or an amendment to existing treaties are unrealistic, this article offers a critical analysis of existing enforcement models– court assistance, exequatur, and mixed approaches–and evaluates them through the lens of legal certainty and efficiency. The article argues that the exequatur model, supported by a dynamic interpretation of the New York Convention, …

Institutionalizing The Trade-Labor Nexus, Yueming Yan

Michigan Journal of International Law

While scholars have extensively explored the evolution of labor provisions in trade agreements, less attention has been paid to the institutional mechanisms that operationalize these provisions. This article addresses this gap by offering a comparative analysis of labor compliance models that are emerging across jurisdictions.

Recognizing that no institutional design is without trade-offs, this article applies the theory of comparative institutional analysis to evaluate existing models—not by asking whether they are (in)effective in the abstract, but: (in)effective compared to what? Specifically, it examines the strengths and limitations of various institutional mechanisms using benchmarks that matter to policymakers, including procedural efficiency, …

A Qualitative Study Of Key “Regulatory” Factors Influencing Patient Access To Medical Assistance In Dying In Canada, Ruthie Jeanneret, Eliana Close, Jocelyn Downie, Ben P. White

Dalhousie Law Journal

Medical assistance in dying (“MAiD”) was legalized federally in Canada after the landmark case, Carter v Canada (AG), 2015 SCC 5. Bill C-14 introduced a federal legislative framework for MAiD in 2016, which was amended by Bill C-7 in 2021. Some Bill C-7 amendments directly responded to the decision in Truchon c Canada (PG), 2019 QCCS 3792. Other amendments responded to several factors identified as barriers to patient access, including the requirement for two independent witnesses, the 10-day reflection period, and the requirement to provide final consent at the time of administration of MAiD medication. However, emerging literature identifies that …

Fur, Feathers, And Frameworks: The Federal Legal Landscape Of Animal Welfare In The United States And Switzerland, Michael Melch

Washington and Lee Law Review

The United States relies on a predominantly utilitarian, welfarist framework that regulates certain uses of animals while preserving their status as property. Switzerland embeds the concept of animal dignity in its constitutional and statutory law, formally recognizing animals as beings with intrinsic worth. This foundational divergence produces significant doctrinal and practical differences, including the breadth of species covered, the structure of legal obligations, and the normative goals of regulation.

This Note provides a comparative analysis of animal welfare laws in the United States and Switzerland, exploring their philosophical, legal, and practical dimensions. It examines the U.S.’s utilitarian approach, exemplified by …

Learning From Lochner: When Children Are Harmed By Technological Revolutions, Brooke Hodson Davies

Utah Law Review

Drawing on parallels from child labor reform in the Second Industrial Revolution, this Note argues that stopping Big Tech’s harm to children in the Fourth Industrial Revolution requires Congressional legislation and judicial avoidance of Lochnerian approaches to the Constitution. Like its Big Business predecessors, today Big Tech maximizes profits by harming kids, necessitating government intervention of this market failure. Despite noble attempts, state-based efforts have been rendered relatively ineffective due to legislative non-uniformity, interstate competition, and enforcement limitations. Likewise, federal regulations currently in place fall short and even shield Big Tech from liability. Consequently, Congressional action is urgently needed. Critically, …

Universal Injunctions And The Executive-Judicial Relationship In America, Jeremy Kang

Senior Honors Theses

This thesis examines a specific type of legal controversy surrounding the Trump administration’s dealings with the judicial branch. Central to the matter is the concept of universal injunctions: how a federal court can enjoin even non-parties to a case from behaving in certain ways.

The history of universal injunctions, from pre-Enlightenment England to modern America, is initially discussed. Then special attention is given to their use against President Donald Trump in particular, culminating in the Supreme Court curtailing them, and district court judges ignoring the high court’s ruling. Finally, previous examples of conflict between the American executive and judicial branches …

There Is No Free Benchmark: An Institutional View Of Legal Ai Benchmarking, Neel Guha, Andy K. Zhang, Christine Tsang, Christopher D. Manning, Julian Nyarko, Daniel E. Ho

Faculty Scholarship

Despite substantial excitement around the use of AI in law, little information exists on the performance and associated risks of the domain’s widely marketed tools. Recent work, for instance, has demonstrated the significant potential for “hallucinations” — wherein models make up facts, law, and precedent — leading Chief Justice Roberts to spotlight this risk in his annual report on the judiciary. We argue that there is a need for public AI benchmarking in law. First, relative to other AI application domains, the legal AI ecosystem lacks legibility — there is little information about the design and performance of many commercial …

Free Expression And Civil Rights On Campus: Consistency And The Kant-Rawls Heuristic, David M. Schizer

Faculty Scholarship

Universities learned hard lessons in the months after Hamas attacked Israel on October 7. 2023. This painful and challenging time highlighted the urgent need to pursue two critical goals, which sometimes are in tension with each other. First, universities have to protect academic freedom and free expression. This is their life blood. Second, universities also have to honor their legal and moral obligation to combat discrimination, including antisemitism.

Yet this is easier said than done. Protecting free expression means allowing speech that is controversial and even offensive. But this speech can contribute to a hostile environment. So, in seeking both …

Patent Regime Shift And Firm Innovation Strategy: Evidence From The Second Amendment To China's Patent Law, Tony W. Tong, Wenlong He, Liang Chen, Zi-Lin He, Jiangyong Lu

Research Collection Lee Kong Chian School Of Business

Research Summary: While changes in intellectual property rights (IPR) protection significantly shape firm innovation, the mechanisms driving firms' responses remain poorly understood. Leveraging the Second Amendment to China's Patent Law, which strengthens appropriability particularly for state-owned enterprises (SOEs), as a natural experiment, we show that stronger IPR has mixed effects on SOEs' innovation. While SOEs increase the rate of innovation subsequent to the Amendment, they shift the direction of innovation toward more familiar areas in which they face a lesser need to adjust existing routines. This directional change suggests a quality decline in SOEs' innovation that may be attributed to …