Digital Commons Network^™

Fundamental Rights Betrayed: How Pregnancy Exclusions In Advance Directive Statutes Silence Pregnant People’S Wishes, Molly Hill

American University Journal of Gender, Social Policy & the Law

INTRODUCTION: In 2013, Marlise Muñoz collapsed at her home and was rushed to the hospital, where the doctors informed her family that she had suffered a pulmonary embolism and was now brain-dead. Marlise had previously expressed to her family that she never wished to be kept on life support if she was left brain-dead, so her family wanted to honor her wishes. However, despite her irreversible brain death, because Marlise was fourteen weeks pregnant, Texas law required that her body remain on life-sustaining treatment until her fetus became viable. Her body lay in the hospital hooked up to machines against …

Cedaw's General Recommendation No. 37: A Sweeping Reconceptualization Of Women’S Rights In The Climate Crisis And A Tool To Assess State’S Compliance With Them, Ingrid Nifosi-Sutton

American University Journal of Gender, Social Policy & the Law

INTRODUCTION: Climate change is one of the most formidable challenges of our time that threatens our way of life and the very existence of humankind. While climate change has negative impacts on all persons, it affects women and girls disproportionately. During floods and severe storms fueled by climate change, for example, women are more likely to die than men because they lack access to essential information on how to survive in these emergencies. In certain regions of the world—such as Sub-Saharan Africa—women smallholder farmers are bearing the brunt of climate change because, in the aftermath of droughts, these women have …

In Its Right Mind - Governance Of Social Superintelligence, David Filippi, Bill Tomlinson, Andrew W. Torrance

FIU Law Review

This Comment argues that a broad presumption of public access to court  documents is essential to preserving the legitimacy and constitutional values  of the American legal system. Although the principle of public access is  rooted in common law and constitutional tradition, individual states differ in  how they approach transparency in the context of court documents. These  jurisdictional inconsistencies continue to gain significance, as the digital age  has completely transformed the way people consume information. The  increasing digitization of court records has heightened the need for consistent  and constitutionally grounded standards that preserve transparency while  adequately protecting legitimate privacy interests. Florida’s …

The Silent Language Of Trauma: Defendant Behavior, Juror Bias, And Expert Testimony, Jensen Goldman

Scripps Senior Theses

Trauma can profoundly influence behavioral presentation, yet jurors often rely on demeanor as a diagnostic cue for guilt, credibility, and remorse. Such reliance poses risks within a legal system that seldom equips jurors to interpret trauma related behaviors accurately. The proposed study will examine how two trauma-linked affective presentations– overemotionality and flat affect– shape juror perceptions of credibility and guilt, and whether expert psychological testimony about trauma-related affect can mitigate these biases. Online survey participants will read one of five trial vignettes with varying defendant conditions (flat affect vs. overemotional) and varying expert testimony conditions (present or not present) and …

Values Primacy & Total Governance Through Activism, Carliss N. Chatman, Sergio Alberto Gramitto Ricci

Hofstra Law Faculty Scholarship

In the aftermath of George Floyd’s murder, public companies swiftly pledged sweeping equity commitments—only to abandon them under political and market pressure. These reversals were not aberrations. They were opportunistic, performative, and reactionary marketing responses. They expose a governance regime in which stakeholder interests are structurally reversible because they remain doctrinally optional, lacking the institutional interlock needed to create binding accountability across stakeholder roles.

This Article explores how stakeholder power is already embedded in corporate governance through interlocking initiatives grounded in shared values. Stake-holder activism—boycotts, proxy votes, viral campaigns—is not merely expressive; it is an overlooked form of governance. Drawing …

American Loopholes: What Are They, And How Do We Close Them?, Tanner L. Martin

Wyoming Law Review

This Comment examines the existence and impact of alleged loopholes within American gun control laws and explores how these gaps may affect Constitutional rights, legal enforcement, and public safety. In addition to identifying trends in American gun ownership, including patterns of purchasing, possession, and regulatory compliance, this Comment analyzes the current legal standards that determine who is disqualified from owning or possessing a firearm under federal law. These categories include individuals with certain criminal convictions, domestic violence restrictions, or mental health adjudications, and how those legal standards are applied in practice.

Beyond the legal framework, this Comment also considers the …

Being Accountable To Our Grandchildren: Generational Accountability And The Eccc”, Alexandra A.K. Meise

Emory International Law Review

No abstract provided.

Esg Is Not Libertarian: A Response To Jonathan Macey, Allen Mendenhall, Daniel Sutter

Emory Business Law Review

Investing, like any market activity, is voluntary. Investors may invest however they wish, whether to maximize returns, minimize risk, or support what they view as good causes. Is the current Environmental, Social and Governance (ESG) movement a libertarian embrace of socially responsible investing, as Jonathan Macey has argued? We answer with a definite no for several reasons. Government policies impel much ESG investment, most prominently through clean energy transition and financial regulations. Most ESG investment dollars stem not from investor decisions but from potential opportunism by managers of public pensions and sovereign wealth funds. Much investor activism for ESG results …

Behind The Headlines: Media Control In Bangladesh Post July Revolution, Nahida Islam

Human Rights Brief

“I have always written for truth, for peo­ple, and for my country . . . [b]ut today, when I look at my own life, I feel that living by writing the truth is not easy.” The words from Bibhuran­jan Sarkar’s suicide note echo into the minds of all Bangladeshi journalists as fears of retaliation took precedent over the work of informing the public. Journalism in South Asia has always been a toxic balance between writing what is fair versus writing what people in power want you to write. In Bangladesh, the autocracy led by former Prime Minister Sheikh Hasina created …

Beyond Borders: Transnational Repression As A System Of Authoritarian Control In Russia, Kazakhstan, And Kyrgyzstan, Jasmine D. Cameron

Human Rights Brief

This Article examines transnational repression, state-sponsored persecution of citizens, human rights defenders, journalists, members of diaspora, and critical voices located outside physical borders, as a systemic tool of political control employed by Russia, Kazakhstan, and Kyrgyzstan. Based on analysis of legislation, published reports, UN Special Rapporteur findings, and case files, this Article provides three case studies that demonstrate different stages of an escalating trend towards transnational repression systems. From Kyrgyzstan, where the government has started to develop and implement harmful practices to persecute its citizens abroad, to a more established system in Kazakhstan, where numerous incidents of transnational repression showed …

Visible At Last: Legal Recognition Of Children Born Of War (Cbow) And The Case Of Bosnia And Herzegovina, Ajna Jusić, Gordana Subotić Ph.D.

Human Rights Brief

Children born of war (CBOW) — those conceived through conflict-related sexual violence— have long remained stigmatized, marginalized, and largely invisible in law and policy. Drawing on international scholarship and Bosnia and Herzegovina’s post-conflict experience, this Article examines the social, political, and legal mechanisms that sustain CBOW exclusion and traces the emergence of CBOW as a recognized category within contemporary international legal frameworks. Using Bosnia and Herzegovina as a case study, the Article argues that patriarchal norms, fragmented governance and legal structures, and decades of institutional silence have profoundly shaped CBOW lived experiences and access to rights. Furthermore, the Article assesses …

T.H. V. The Czech Republic: A Step Forward Or Back For Lgbtq+ Rights And Discourse In Europe With The First Openly Non-Binary Applicant?, Katherine Olsson

Human Rights Brief

On December 9, 2025, the European Court of Human Rights (ECtHR) issued a final judgment in the case of T.H. v. The Czech Republic.  The case concerned a non-binary individual, T.H., who was assigned male at birth and, since May 2012, had repeatedly petitioned to change their sex/gender marker and personal numerical code on their national identity card.  Because the Czech system does not provide for the option of a neutral gender marker, T.H. petitioned to have their registered gender changed to female.

How The Sui Generis Principle Has Been Historically Abused In International Law: From The British To The Israelis, Ahmad Hamdan

Human Rights Brief

I. Introduction

For over a century, powerful actors have used a single Latin phrase, sui generis, as a shield to evade accountability under international law. Meaning “of its own kind,” this theory dictates that a situation is so unique that ordinary rules should not apply. In international law, sui generis typically refers to situations or entities that cannot easily be categorized under existing legal frameworks or conventions. Its use indicates that there is no directly applicable precedent and that, as a result, no legal principles apply; instead, the situation itself will set the precedent. While some researchers argue that …

Corporate Responsibility In Business Dealings With War Criminals, Michael "Mac" Richards

Human Rights Brief

In the Democratic Republic of the Congo (DRC), a decades-long conflict has displaced over fourteen million people, killed over six million, and led to the highest rates of sexual violence among any other nation in the world. The DRC is the source of some of the most valuable resources used in the production of consumer electronics: gold, copper, and cobalt. Militia groups, such as Movement Du 23 Mars (M23) and the Allied Democratic Forces (ADF), are taking advantage of the nation’s vast mineral reserves by seizing control of local mining operations and exporting the minerals through neighboring Rwanda. These minerals …

Sharenting And Child Rights In The Age Of Platform Capitalism, Christiana Essie Sagay, Unyime Abasi Odong

Case Western Reserve Journal of International Law

The boundaries between private life, work, and visibility have become increasingly blurred in the digital age. Nowhere is this more evident than in the phenomenon of sharenting, a portmanteau of “sharing” and “parenting,” where parents routinely post images, videos, and personal narratives of their children on social media platforms. While often framed as acts of familial affection or digital memory-keeping, sharenting implicates commercial content creation and positions children as de facto participants in global digital labor markets. In this context, childhood increasingly unfolds within algorithmic and economic contexts that transcend domestic boundaries and challenge conventional legal norms, protections, and understandings …

Foreword: Turning Points And Paradigm Shifts In International Law, Michael P. Scharf, Lucas R. Van Dyke

Case Western Reserve Journal of International Law

No abstract provided.

Keynote Speech For The American Society Of International Law 2025 Midyear Meeting, Dr. Mark Ellis

Case Western Reserve Journal of International Law

No abstract provided.

The Unspeakable Unspoken: Terrorist Imagery, Symbolic Expression And The Shifting Boundaries Of Free Speech, Ayşe Yağmur Tunçak

Case Western Reserve Journal of International Law

A simple fruit like a watermelon can convey many meanings: solidarity for some, terrorism sympathies for others. Among other things, increasing restrictions on speech drive individuals to the use of symbols for political expression, which may lead to legal controversies at the international level due to the untended complexity of symbolic speech in legal discussions. Unlike verbal communication, the meaning and communicative content of symbols are often indirect and open to interpretation. Thus, international human rights standards should rely on context-sensitive evaluations to prevent arbitrary limitations. Although the European Court of Human Rights (ECtHR), due to its subsidiary role, assumes …

State Complicity And The Threshold Of Knowledge: From Fragmentary Evidence To Evidentiary Saturation, Christina Bradic

Case Western Reserve Journal of International Law

The International Court of Justice’s (ICJ) 2007 judgment in Bosnia v. Serbia turned on evidentiary gaps. Although the ICJ recognized that genocide had been committed at Srebrenica, it declined to hold Serbia complicit, reasoning that the record did not prove awareness of genocidal purpose. Intelligence was piecemeal, contemporaneous witnesses were scarce, and the ICJ refused to infer knowledge absent direct proof.

Two decades later, the evidentiary environment looks radically different. In October 2024, ninety-nine American healthcare professionals who had volunteered in Gaza sent an open letter to the White House reporting that children with gunshot wounds to the head or …

Individual Olympic Athlete Participation Model: Moving Toward The Standardization Of International Olympic Committee Sanction Power, Claire Fedor

Case Western Reserve Journal of International Law

In 2024, at the Paris Olympic Games, the Russian Olympic Committee was notably absent; however, the International Olympic Committee admitted a select group of Russian and Belarusian athletes to compete under the title “Individual Neutral Athlete.” The athletes’ eligibility was determined by an Individual Neutral Athlete Eligibility Review Panel, and their participation required strict adherence to specifically tailored principles. This model is the most recent approach to permitting individual athletes’ participation despite their National Olympic Committee (NOC)’s suspension from the Olympic Games. This Note examines the absence of a uniform application for individual athlete participation in the Olympic Games amid …

Talking Foreign Policy: "Turning Points And Paradigm Shifts In U.S. Foreign Policy" June 23, 2025 Broadcast, Talking Foreign Policy

Case Western Reserve Journal of International Law

No abstract provided.

The Zaporizhzhia Gambit: Great Power Conflict, Nuclear Hostage-Taking, And The P5'S Accountability Crisis, Arete Tsoukalas

Loyola University Chicago International Law Review

In a troubling precedent for modern warfare, Russian forces seized Europe’s largest nuclear facility, converting the delicate infrastructure of the Zaporizhzhia plant into a fortified military garrison rigged with explosives. Inside, Ukrainian engineers were reportedly held hostage, forced to operate the controls at gunpoint while enduring torture and the psychological terror of impending meltdown.¹ This is known as the Zaporizhzhia Nuclear Power Plant (“ZNPP”) Crisis.²

Within the reactor itself, the processes of producing nuclear energy cannot be abandoned, and constant custodianship is paramount.³ The intricacies and vulnerabilities of the fission process must be safeguarded, even during a …

Outsourcing Migration: A Comparative Analysis Of Border Externalization And The Future Of International Refugee Law, Shawn Yousefelahi

Loyola University Chicago International Law Review

The contemporary international refugee protection regime is formally anchored in the principle of non-refoulement (the prohibition against forcibly returning refugees and asylum seekers to the territories where their fundamental rights would be threatened) and the right to seek asylum at or near territorial borders. These principles have been increasingly undermined by state practices that relocate border enforcement and asylum processing beyond their territorial borders. This Article examines how the United States, the European Union, and European states operationalize a global non-entrée regime through safe third country removals and border externalization agreements that purport to comply with international law while functionally …

Treating Social Media Corporations As Quasi-State Actors To Address The Use Of Artificial Intelligence In Content Moderation, Michael T. Tiu Jr.

Emory International Law Review

Corporations have become powerful actors in the international system. They have the potential to disrupt the protection of values that states have been performing for decades. One of these values–freedom of expression–has been the recipient of impact of emerging technologies owned by corporations. Social media platforms have become new governors of expression. Content moderation rules cause adverse impacts on freedom of expression. The vagueness of certain criteria and the inconsistency of their application have led to censorship of speech which would have been protected offline. This situation is exacerbated by the use of artificial intelligence in content moderation, owing to …

Lost, Never Found: Syria's National Commission For The Missing, Sara Jordan

Loyola University Chicago International Law Review

This article discusses the enactment of Presidential Decree No. 19, enacted by interim Syrian President Ahmed al-Sharaa, which established the National Commission for the Missing. This body was created in May 2025 and is tasked with researching missing and forcibly disappeared persons, including creating a national database, providing legal and humanitarian support to victims’ families, and documenting cases. The Commission’s findings, however, cannot be used in criminal trials, and the international community, including groups such as Amnesty International, has voiced concerns about its potential ineffectiveness. Following a brief history of conflict under the Assad regime, this article offers an analysis …

The Institutions Of Exceptions: Justification In Trade And Investment Treaties, Julian Arato

Michigan Journal of International Law

International economic law binds states in the interest of liberalizing markets, including in cross-border trade in goods and services (trade) and capital (investment). The treaty regimes for both trade and investment do this by disciplining states through legal rules, while preserving a modicum of governmental authority over domestic policy. The preservation of policy space in these regimes usually involves a process of exceptions-based justification – through formal exceptions clauses in most trade treaties and some investment agreements, and also through informal exceptions-style reasoning by adjudicators in the investment treaty regime more generally. This “exceptions paradigm” of justification has worked well …

Participation Of Non-State Actors In International Climate Change Advisory Opinions, Matei Alexianu, Hannah Sweeney

Case Western Reserve Journal of International Law

This Article offers an analysis of the unprecedented participation of non-state actors (“NSAs”), including nongovernmental organizations, academic institutions, grassroots movements, and individuals, in the three recent landmark international climate change advisory proceedings. After mapping the distinct procedural regimes of the three international fora involved, the Article catalogues the diverse avenues through which NSAs have shaped these proceedings: initiating and coordinating advisory requests, submitting written and oral arguments, supplying scientific and legal expertise, orchestrating advocacy campaigns, and mobilizing post-decision implementation. The Article then identifies the principal benefits of expanded NSA engagement—enhanced representativeness, richer technical inputs, and accelerated norm diffusion—before highlighting the …

Corporate Culpability And The Tragedy Of The Commons: Extraction And Enforcement Schemes In Brazil And Nigeria, Jane Ijeoma Onuoha

Emory International Law Review

Natural resources that were abundant decades ago are now at an all-time low. Meanwhile, corporations continue to benefit from using the Earth and its resources for their profit. Rather than enforcing established legal frameworks designed to protect the environment and human rights, governments often allow corruption, control, and competition to create opportunities for gain through complicity. In countries like the Federative Republic of Brazil and in the Federal Republic of Nigeria, the effects of inaction are taking a toll on the natural resources that each country relies on. Multinational corporations are not held accountable for their corrupt and illegal extractive …

A Two-Pronged Approach To Addressing Unmet Legal Needs On The Pine Ridge Indian Reservation, Elaine Yellow Horse, Jillian Yellow Horse

South Dakota Law Review

This Article, which marries theory and praxis, provides a focused literature review and concrete solutions for immediate implementation. It begins by exploring the existing scholarship pertaining to unmet legal needs and (in)access to justice in Indian country. It considers the overlapping yet distinct roles of licensed attorneys and lay advocates, prosecutors, and judges and how tribes have endeavored to draw the lines around these roles. After reviewing this background, the Article pivots and contributes a more nuanced perspective that concentrates on the legal system on the Pine Ridge Indian Reservation in particular. Rather than endorsing a single apparent answer to …

Artificial Intelligence, Tribal Sovereignty, And The Criminal Justice System, Kevin Angelo Brown

South Dakota Law Review

As artificial intelligence (“AI”) has become increasingly integrated into everyday life in Indian Country and into governmental functions, including policing, courts, and corrections, it is creating new circumstances that can undermine tribal sovereignty. The 575 federally recognized Tribal Nations are under significant pressure to maintain their sovereignty while adapting to new AI-based technologies. With the implementation of AI, tribes should retain control over how it is used to benefit their communities, without compromising their legal rights or well-being, particularly in light of past harms caused by inadequate legal protections that allowed technological developments to damage tribal health, environments, economies, and …