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Teaching Cross-Cultural Communication In Law School: Lessons From Medicine, Social Work, And Business, Mireille Butler, Jaclyn Celebrezze

St. Mary's Journal on Legal Malpractice & Ethics

Legal clients in the United States are increasingly multilingual and multicultural. More than 71 million people living in the United States communicate in a language other than English. Consequently, the lawyer’s duty of shared understanding is taking on new meaning. With the advent of ABA Ethics Opinion 500, cross-cultural communication skills are a lawyer’s ethical duty and a law school’s mandate. Additionally, ABA Standard 303(c) and the potential of increased experiential learning credit requirements make clear that immediate curricular changes are needed. To prepare for the modern practice of law, tomorrow’s lawyers need to develop cross-cultural skills while in law …

Legal Representation And Public Criticism, Michael Ariens

St. Mary's Journal on Legal Malpractice & Ethics

No abstract provided.

Ethics And Originalism, Michael L. Smith

St. Mary's Journal on Legal Malpractice & Ethics

This Article addresses a blind spot in the theorizing and debate over originalist interpretation: the implications of rules of legal ethics. For the few originalist theorists who take the practical side of originalism seriously, attorneys’ rules of professional conduct are almost entirely absent from the discussion. These rules bind all attorneys who, in turn, construct the record, present the evidence, and make the arguments upon which judges and Justices rely. And these rules have profound, though mixed, implications for originalist theory. Some ethical duties—such as those requiring attorney competence and candor to the tribunal—might enhance the quality of originalist analysis …

Turning The Tables: Using Texas’S Stowers Doctrine To Rein In Delay, Deny, Defend Tactics, Ethan Evans

St. Mary's Law Journal

No abstract provided.

The Taiwanese Way To Ai Governance: Draft Basic Law On Artificial Intelligence And Future Regulatory Strategies

Washington International Law Journal

Abstract: Despite Taiwan’s significant contributions to the global artificial intelligence (AI) ecosystem, its role remains underexamined in international AI governance discourse. This Article addresses this gap by analyzing Taiwan’s emerging AI regulatory framework, with particular emphasis on the Draft Basic Law on Artificial Intelligence (the “Draft AI Law”). Situating Taiwan’s approach within the broader global regulatory landscape, the Article compares the Draft AI Law with key international models, including the European Union’s AI Act and the United States’ NIST AI Risk Management Framework, while also drawing on regulatory developments in Japan and South Korea. Rather than providing a clause-by-clause analysis, …

Reviving Novorossiya: Russia’S Invasion Of Ukraine Under International Law

Washington International Law Journal

Abstract: For nearly three years, the Eastern European nation of Ukraine has been entangled in a war it did not instigate, did not desire, but was forced into by its more powerful neighbor, Russia. Since the onset of the war, Russia has faced accusations of widespread atrocities, including severe violations of human rights, international humanitarian law, and breaches of other international norms. Following the inauguration of United States (US) President Donald Trump, there has been a renewed effort to bring both parties to the negotiating table and end the conflict. With the ongoing negotiations, there is no better time to …

Volume 35, Issue 1: Contents

Washington International Law Journal

No abstract provided.

Litigating Workplace Sexual Harassment In China: Practical Challenges & Proposed Solutions

Washington International Law Journal

Abstract: The development of China’s anti-sexual harassment laws and policies over the past few decades has raised the hopes of many. However, the sheer volume of regulations can easily create the false impression that the Chinese legal system is effectively dealing with workplace sexual harassment. Statistics show that the number of lawsuits filed in Chinese courts remains trivial, even though workplace sexual harassment continues to be widespread. This article argues that courts in China misunderstand how to apply important concepts in litigation such as how to define sexual harassment and employer liability. The difficulty of carrying the burden of …

Hybrid Warfare: A Collection Of Scenarios, Adrian Borbély

DRI Press

Hybrid Warfare is nothing new but it has increasingly made the news - even if most of it remains beyond our awareness. Hybrid Warfare gathers all methods through which countries wage war against each other beyond traditional military, diplomatic and economic battlefields (cyber attacks, disinformation, transnational organized crime, appropriation of natural resources, lawfare, corruption, etc.). Such below-the-surface foreign aggressions are not limited to localized regions where armed forces shoot at each other trying to take each other’s positions. In hybrid warfare, society as a whole is the battlefield. In other words, hybrid warfare is not the concern of a few, …

Allocating Data Protection Duties The Chinese Way

Washington International Law Journal

Abstract: China has been enacting data protection laws with distinctive features at an unprecedented pace, which makes it necessary to update existing studies on the Chinese approach to data protection. Unlike its predecessors, this Article focuses on developing a structured approach to dissecting the Chinese regime, especially the Personal Information Protection Law and latest case law. It analyzes how the laws allocate responsibilities among the three major parties involved in data protection—individual data subjects, data controllers, and regulators—and draws comparisons with European Union (EU) laws that inspired the Chinese laws. It argues that the way Chinese laws allocate data …

The West And The Rest: Misplaced Blame Of Underdevelopment, Rana R. Abadeer

Theses and Dissertations

This paper will discuss the link between the history of colonialism and the genesis and evolution of International Law and in turn the role played by this relationship to maintain it, directly or indirectly, to our current day. The blame of underdevelopment is often misplaced, and its responsibility falls on the Global South for their inability to follow the same momentum of development as the Global North. Nevertheless, the aim of this paper is to prove that this blame of underdevelopment given its original reasons should be placed elsewhere. With that, the discussion of where the blame should be is …

Exploring The Role Of Occupational Therapy In The Delivery Of Trauma-Informed Services To Hospital-Based Clients Ot, Frank Czuba

Journal of Applied Disciplines

Hospitalization can traumatize clients and impact overall health outcomes, leading to increased hospital readmission rates and resulting in a negative impact for both clients and providers. Limited information exists regarding how hospital-based occupational therapists evaluate and address trauma, even though incorporating trauma-informed principles into professional practice can enhance the occupational therapy process. The study explored the comprehension and perceived significance of trauma-informed tenets among occupational therapists delivering services in hospital-based settings. A quantitative research study with an exploratory design was implemented to explore how occupational therapists (OT) understand and utilize trauma-informed practices with their clients in a hospital setting. An …

Time As A Constitutional Constraint: Resolving The Circuit Split On Prolonged Fourth Amendment, Ian Seabrooks

Washington Law Review Online

The Fourth Amendment of the U.S. Constitution states, “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated. . . .” Some circuits, like the Ninth and D.C. Circuits, have interpreted the Fourth Amendment’s reasonableness standard to apply beyond just the initial seizure of property but also to include the continued retention of the seized property. Other circuits, such as the First, Second, Sixth, Seventh, and Eleventh Circuits, have read the reasonableness standard more narrowly and interpreted this requirement to pertain only to the original seizure. …

Nova Law Review Full Issue Volume 50, Issue 1

Nova Law Review

No abstract provided.

Botox And Blurred Lines: Why Florida's Med Spa Boom Needs A California Reality Check, Madeline Broderick

Nova Law Review

No abstract provided.

Better Off In The Big Leagues: Why Juveniles Who Get Direct Filed Have More Rights When Analyzed From A Constitutional Standpoint, Lexi Kest

Nova Law Review

No abstract provided.

De Novo Review For Asylum At The Circuit Court Level: Comparing A Stringent Standard Of Review For Asylum Seekers In The U.S. To The European Court Of Human Rights’ Standard, Dani Gómez

Human Rights Brief

On March 14, 2022, an immigration judge (IJ) denied the asylum applications of Douglas Humberto Urias-Orellana, Sayra Iliana Gamez-Mejia, and their child, ordering them removed to El Salvador. Urias-Orellana and his family had been placed in removal proceedings with

the Executive Office of Immigration Review (EOIR) and filed applications for asylum.  At the individual merits hearing, the IJ ruled that the threats were “insufficiently menacing” to constitute persecution. The Board of Immigration Appeals (BIA) affirmed. On further appeal, the First Circuit denied review, holding that courts may not re-evaluate the conclusions drawn from the factual findings de novo unless “any …

The Supreme Court And Public Law In 2023, Kate Glover Berger

The Supreme Court Law Review, Third Series: Osgoode's Annual Constitutional Cases Conference

This article discusses the Supreme Court of Canada’s public law judgments in 2023. It was the basis for the opening address at the 27th Annual Osgoode Hall Law School Constitutional Cases Conference. In the Conference’s tradition, this annual review is divided into two parts. The first part (Part II of the article, following Part I: Introduction) presents institutional and quantitative data about the Court’s work in 2023. It focuses on the composition of the Court, the historically low number of judgments released in 2023, rates of agreement and dissent, and the dominance of public law on the Court’s docket in …

Safety Valves In Charter Analysis:A Quick Fix Rather Than A Structural Solution, Jamie Chai Yun Liew

The Supreme Court Law Review, Third Series: Osgoode's Annual Constitutional Cases Conference

A safety valve is a flap, lid or device that acts as a fail-safe. For those unfortunate to have experienced backflow into your home, a safety valve installed in a sewer line permits wastewater to exit while blocking unwanted backflow. It is a reliable and indispensable tool in this context. The legal world has adopted this term in constitutional analyses. This paper examines whether legal safety valves do provide relief. First, the paper provides an overview of how safety valves have been installed in the Supreme Court of Canada’s legal analyses. Then the paper provides a sober discussion of how …

Always Elsewhere: Constitutional Rights In Ccr, Audrey Macklin, Josh Blum

The Supreme Court Law Review, Third Series: Osgoode's Annual Constitutional Cases Conference

The Canada-United States Safe Third Country Agreement (“STCA”) requires refugee claimants travelling overland to seek protection in the first country of arrival as between Canada and the United States. The Federal Court determined that the United States’ detention practices did not comply with minimum human rights standards, such that Canada breached section 7 obligations to the applicant refugee claimants by deflecting them back to the United States. The Federal Court of Appeal overturned the decision, and the Supreme Court of Canada dismissed the appeal. The authors review the CCR judgment and present it as a cautionary tale about how a …

A Necessary Realignment:Section 7 Engagement In Canadian Council For Refugees, Jacqueline Swaisland, Alison Imrie

The Supreme Court Law Review, Third Series: Osgoode's Annual Constitutional Cases Conference

This paper explains how the Supreme Court of Canada’s decision in Canadian Council for Refugees repudiates decades of section 7 jurisprudence in the immigration law context and mandates that it be realigned with the section 7 jurisprudence outside of it. The paper sets out how Courts in the immigration context continue to apply decades-old jurisprudence which unilaterally declared that section 7 cannot be engaged by a person’s removal from Canada. It also explains how the Courts incorporated a remoteness barrier into the causation analysis which further prevented section 7 scrutiny of government action in the immigration context in all but …

Murray-Hall V. Québec (Attorney General):Reconciling The Criminal Law Power With Cooperative Federalism, Yashoda Ranganathan, Hera Evans

The Supreme Court Law Review, Third Series: Osgoode's Annual Constitutional Cases Conference

Murray-Hall v. Québec (Attorney General) provides needed certainty and coherence regarding the scope of the criminal law power. Murray-Hall reconciles the criminal law power with the principle of cooperative federalism which favours giving effect to legislation of the provinces and federal government enacted within their respective (potentially overlapping) areas of legislative competence. An expansive interpretation of the criminal law power could upset the balance between federal and provincial powers articulated in section 91 and section 92 of the Constitution Act, 1867. Murray-Hall articulates three principles that limit the scope of the criminal law power, helping to reconcile the criminal law …

Prescribing Plenary Powers:The Evolution And Intersection Of Criminal Andhealth Jurisdiction In Canadian Federalism, Benjamin Perryman

The Supreme Court Law Review, Third Series: Osgoode's Annual Constitutional Cases Conference

Using the Supreme Court of Canada’s recent decision in Murray-Hall v. Québec (Attorney General) as a focal point, this paper tracks the evolution and intersection of the federal criminal law power and the provincial health law power in Canadian federalism cases. Part II of the paper examines existing methods used to prescribe plenary powers, including interpretative narrowing (formalism), expansion of concurrent federalism (double aspect), and purpose review (colourability). The paper shows that the Supreme Court of Canada has applied these prescriptions to the federal criminal law power but rarely to the provincial health law power. Part III looks around the …

The Legality Of Incorporating Provincial Law Into A Criminal Offence, Colton Fehr

The Supreme Court Law Review, Third Series: Osgoode's Annual Constitutional Cases Conference

The drafters of the 1867 Constitution Act were unmoved by the argument that the substantive criminal law ought to be crafted by each individual province as a means to preserve regional values. They instead assigned the criminal law power to the federal government to better promote legal stability and clarity when the state attempts to deprive a citizen of their liberty. A recently rejuvenated practice of incorporating provincial offences within the definition of criminal offences unfortunately ignores the rationale underlying this division of authority. Identifying this inconsistency would have proven useful in Murray-Hall v. Québec (Attorney General) as a more …

Understanding Public Support For Courts In Canada, Erin Crandall, Andrea Lawlor

The Supreme Court Law Review, Third Series: Osgoode's Annual Constitutional Cases Conference

Do Canadian citizens support their courts, and what factors influence that support? While it is well recognized that public confidence in the judicial branch is crucial for its effective functioning, how to measure and analyze this confidence is debated. This article explores how social scientists conceptualize and study trust and perceptions of legitimacy in courts. Using data from the Canada Election Studies spanning 2008 to 2021 and an original survey conducted in 2023, this article provides an overview of the current state of trust in Canadian courts, the known correlates of confidence, and recommendations for maintaining public support. We find …

From Margarine To Cannabis:The Ongoing Evolution Of The Criminal Law Power, Asha Kaushal, Robert Danay

The Supreme Court Law Review, Third Series: Osgoode's Annual Constitutional Cases Conference

This paper examines the Supreme Court of Canada’s decision in Murray-Hall v. Quebéc (Attorney General), upholding Québec’s restrictions on personal cultivation and possession of cannabis despite federal legalization. This decision is contextualized within a broader empirical analysis of the Supreme Court’s jurisprudence on the criminal law power under section 91(27) of the Constitution Act, 1867. By systematically reviewing Supreme Court cases from the Margarine Reference to Murray-Hall, the authors identify two trends: (1) increasing judicial deference to provincial legislative jurisdiction in criminal law matters since the enactment of the Charter, and (2) a continued judicial willingness to limit federal jurisdiction …

Equality Rights And The Canada-U.S. Safe Third Country Agreement, Sharryn J. Aiken, Colin Grey

The Supreme Court Law Review, Third Series: Osgoode's Annual Constitutional Cases Conference

Under the Canada-United States Safe Third Country Agreement (“STCA”), Canadian immigration officials return refugee protection claimants arriving from the United States to have their claims determined in that country, and vice versa. This paper tries to tease out the equality rights arguments under section 15 of the Canadian Charter of Rights and Freedoms likely to be advanced in an ongoing constitutional challenge to the STCA and its implementing regulations. The paper briefly explores why equality rights challenges have often been given short shrift in cases involving “migration control”. We argue such cursory treatment is inappropriate in the challenge to the …

Poverty & Period Products: Achieving Menstrual And Abortion Justice Through Public Benefit Programs, Allyson Crays

American University Journal of Gender, Social Policy & the Law

Low-income people need and deserve access to quality menstrual products through public benefit programs as a public health and reproductive justice issue. Whether someone is managing their monthly period, a medical abortion, or post-pregnancy discharge, menstrual products are essential to ensure that person’s safety and bodily

autonomy. Low-income people on public benefit programs who menstruate face a variety of stigmas and barriers, and these programs are in a unique position to increase access to menstrual products to work toward menstrual and abortion justice. This Article outlines the history of public benefit programs and the stigmas accompanying them. It also details …

Upr Report Submissions, Sarah Dávila A., Lauren E. Bartlett

Faculty White Papers

No abstract provided.

Not Eu Enough: The Eu's Proposed Multilateral Investment Court As An Infeasible Replacement For The Intra-Eu Isds Mechanism After The Achmea Decision, Rohit Rakhit

Case Western Reserve Journal of International Law

In the landmark case Slovak Republic v. Achmea BV, the European Union Court of Justice (CJEU) invalidated Article 8 of the 1992 Dutch-Slovak bilateral investment treaty (BIT), holding that it conflicted with EU law. Article 8 included a provision which mandated that any party initiating an investor-state dispute governed under the Dutch-Slovak BIT bring the dispute in front of an arbitration tribunal. Since this form of investor-state dispute resolution was customary in the EU, states and investors became concerned about what the future of investment arbitration would look like in the EU. As a solution, the EU proposed the implementation …