Digital Commons Network^™

Litigating The Gaza Crisis: Legal And Political Strategies In South Africa V. Israel, Michael Ramsden

Cardozo International & Comparative Law Review

The article examines the strategic use of the International Court of Justice (ICJ) in the case of South Africa v. Israel, highlighting how states leverage the ICJ to influence international relations beyond legal compliance. It evaluates the efficacy of the ICJ's provisional measures in addressing the conflict in Gaza, emphasizing the intersection of legal strategy with political and humanitarian objectives.

Super-Groups: Legal Empowerment And "Public Law", Matthew Lawrence

Indiana Law Journal

Not all interest groups are created equal. Some groups are created by or with the help of law. Law can confer political power on groups through wealth, rents, concentrated interest, and durability, creating synthetic factions that use their stategiven influence to dominate lawmaking. Deregulatory and progressive traditions in public law have long thought differently about laws that empower. A deregulatory tradition sees legal empowerment as a democratic pathology that counsels against lawmaking, citing empowerment concerns as a perennial rhetorical point against consumer protection, environmental protection, and social welfare programs, among others, for fear they will lead to “capture.” At the …

Command And Consequence: Reassessing King David’S Military Decisions In The Uriah Affair – A Legal And Ethical Analysis In The Context Of Modern Legal Theory, Jonathan Hasson, Oded Mudrik, Abraham Tennenbaum

Touro Law Review

This study critically reevaluates King David's command in 2 Samuel 11 and 12 to place Uriah the Hittite in the battle's frontlines, resulting in his death, through the contemporary lens of military law and ethics. By juxtaposing the ancient narrative with modern legal doctrines, it investigates the complexities of command responsibility and the intersection of personal motives in military orders. Focusing on the interplay between David's personal entanglements with Bathsheba and his official capacity as a military leader, the analysis navigates the ethical quandaries and legal ramifications of his decisions. This piece methodically dissects the Biblical text and contemporaneous legal …

Extradition In The Early Republic: International Law And Constitutional Authority, Curtis Bradley

Public Law and Legal Theory Working Papers

This Article is the first comprehensive account of the constitutional foundations of U.S. extradition practice and its relationship to international law. Through detailed analysis of early American extradition controversies—including the Longchamps Affair and the Robbins case—the Article shows how political actors and courts constructed the modern constitutional law of extradition, resolving key issues concerning presidential power, the role of the states, and the scope of congressional authority. This regime, the Article argues, emerged not from appeals to the constitutional text or original understandings, but rather from structural intuitions, consequentialist considerations, and, as time went on, historical traditions. As the Article …

The Best Disinfectant: The Value Of Transparency In Information Operations, Major Ian W. Stamme

American University National Security Law Brief

America is in a state of persistent competition with nation-state adversaries, including Russia and China, which seek to subvert the post-WWII rules-based international order and undermine American legitimacy abroad. Some of this competition takes place through traditional statecraft and across each of the instruments of national power: diplomatic, informational, military, and economic. However, much of this competition also takes place in the gray zone, defined as a spectrum between the higher threshold of armed conflict and the lower threshold of ordinary statecraft. In other words, while all relations between nations involve degrees of leverage and relative advantage, gray zone conflict …

Public International Air Lawfare: China’S Use And Abuse Of The Skies., Major Emily K. Johnson

American University National Security Law Brief

Following World War II, China entered a years-long period of civil war between the Kuomintang government, which was then in power as the government of the Republic of China, and the Chinese Communist Party. After years of conflict, the Kuomintang was forced to retreat to the island of Taiwan in 1949, effectively and reluctantly ceding the Chinese mainland to the Chinese Communist Party. Despite its best efforts, the Kuomintang never regained control of mainland China in the ensuing years; however, it never dissolved and instead remained in place on Taiwan.

As a result, Taiwan, which lies a mere 80-100 miles …

Fiscal Citizenship And Taxpayer Privacy, Alex Zhang

Faculty Articles

Should individual tax data be public or confidential? Within the United States, secrecy has been the rule since the Tax Reform Act of 1976. But at three critical junctures—the Civil War, the 1920s, and the 1930s—Congress made individual tax records open for public inspection, and newspapers published the incomes of the billionaires of the time. Today, Finland, Norway, and Sweden all mandate significant transparency for individual tax information.

This Essay intervenes in the tax-confidentiality debate by building a new analytical framework of fiscal citizenship. Until now, scholars have focused on compliance—whether disclosure incentivizes honest reporting of income, and if it …

Super-Groups: Legal Empowerment And “Public Law”, Matthew B. Lawrence

Faculty Articles

Not all interest groups are created equal. Some groups are created by or with the help of law. Law can confer political power on groups through wealth, rents, concentrated interest, and durability, creating synthetic factions that use their state-given influence to dominate lawmaking. Deregulatory and progressive traditions in public law have long thought differently about laws that empower. A deregulatory tradition sees legal empowerment as a democratic pathology that counsels against lawmaking, citing empowerment concerns as a perennial rhetorical point against consumer protection, environmental protection, and social welfare programs, among others, for fear they will lead to “capture.” At the …

Carried Interest: Recent Tax Holding Envisions Need For New Legislation, Patrick Lucas

FIU Law Review

In the financial world, carried interest represents the share of the profits of a private equity fund allocated to its manager which is disproportionate when compared to the manager’s relative capital contribution. On May 3, 2023 the Tax Court issued its memorandum opinion in ES NPA Holding, LLC v. Commissioner. The decision quickly became popularized as providing reassurance to sponsors of private equity funds that they will rarely, if ever, realize income as a result of the issuance of a profits/carried interest (the so-called front-end issue for carried interest). The so-called back-end issue is how the income arising from a …

The Hunger Games: Food As A Right, Not A Privilege, Camesha F. Little

FIU Law Review

Despite the United Nations' explicit declaration that all humans have a right to food, food insecurity and hunger remain persistent problems in the United States and around the globe. The dystopian landscapes depicted in novels such as The Hunger Games and Parable of the Sower—societies crippled by poverty, oppression, and pervasive starvation—resonate with sobering contemporary realities. This Article examines existing food laws, food rights, and the current protections safeguarding the United States food supply from a humanitarian perspective. Ultimately, this Article argues that the human right to food must expand to encompass a right to healthy or natural food, and …

Islamic Finance, Commercial Law, And Economic Justice: Apocalyptic Challenges To The Global Order, Ali Rod Khadem

Emory International Law Review

This Article engages with the heated debates about the Islamic finance industry, which range from praise as an ethical model of ESG principles to sharp criticism as a vehicle for financing terrorism. Offering a novel lens, this Article examines several case studies of Islamic thinkers and movements that have disrupted global politics, exploring how they deploy apocalyptic ideology to promote vastly different visions of future economic orders. Some of these case studies reinterpret key concepts from Islamic commercial law—like unjust enrichment, limited liability partnerships, insurance, almsgiving, and inheritance—while others call for a return to abandoned practices, such as slavery, discriminatory …

Delay, Deny, Tax, Samuel D. Brunson

Faculty Publications & Other Works

Health insurance companies are having a moment in the United States. Their moment involves widespread public objections to their seemingly random and increasing willingness to deny coverage and reimbursement to insureds. These denials are in large part not part of a program to improve health coverage but, rather, to reduce insurance companies’ expenses and, in turn, increase their profits.

There is broad consensus that something has to change. The public demands it. Bipartisan groups of senators and representatives have investigated it. Even the health care industry acknowledges that something needs to change. To actually make the health care system better …

Scythian Spoils: Cultural Property Law And Antiquities Looting During The War In Ukraine, Charles Buschmann

Student Works

No abstract provided.

A Political History Of The Internet: Myth, Material, Territory, Kevin Chamow

Student Works

No abstract provided.

The “Ownership” Of Real Property: The Consequences Of Kelo V. City Of New London, Joseph E. Decker

Student Works

No abstract provided.

Showdown In The Black Hills: The Sioux Nation’S Continued Land Claims Battle Against The Us Government, Kevin Mckenzie

Student Works

No abstract provided.

Structuring The President’S Removal Power: An Agency-Specific Approach, Peter Margulies

American University Law Review

Recent Supreme Court decisions have taken a broad view of the President’s power to remove executive branch officials. According to the Court, the President’s Article II obligation to “take Care that the Laws be faithfully executed” generally requires that the President have authority to remove officials at will. The Court has thus far declined to overrule Humphrey’s Executor v. United States, a 1935 decision upholding “forcause” restrictions on removal for multi-member “quasi-judicial” bodies such as the Federal Trade Commission (FTC). Nonetheless, recent Court decisions have eroded the rationale in the earlier case, which has received additional attention because of efforts …

International Claims Commissions As Reparations, Chiara Giorgetti

Law Faculty Publications

Breaches of international law have consequences. Under the Articles on the Responsibility of States for Internationally Wrongful Acts, the international responsibility of a state triggered by its internationally wrongful acts entails specific legal consequences, including the obligation to provide“full reparation” for the injury caused. However, obtaining reparations in the current international legal system often proves difficult. Existing international courts and tribunals often lack the jurisdiction to provide full reparations, especially when there are multiple and complex violations that caused injuries to numerous and diverse parties. International claims commissions can be effective instruments to provide reparations in such circumstances, including in …

The Administrative State's Second Face, Emily R. Chertoff, Jessica Bulman-Pozen

Georgetown Law Faculty Publications and Other Works

We often assume that there is one administrative state, with one body of administrative law that governs it. In fact, the administrative state has two distinct faces: one turned toward regulation and benefits distribution, and one turned toward physical force and surveillance. The two faces are growing further apart under the Roberts Court, which has hemmed in the first face with decisions like Loper Bright while showing solicitude for national security and law enforcement agencies.

This Article delineates the two faces of the administrative state. It provides a descriptive account of the second face and the distinctive administrative law that …

Corporeal Property And The Limits Of Nagpra, M. Alexander Pearl

Faculty Articles

No abstract provided.

Being Pregnant In Someone Else's Body, Jennifer S. Hendricks

Publications

No abstract provided.

Toward Objectivity In International Criminal Law: Modeling Genocide, Kevin Chamow

Student Works

No abstract provided.

Machine Gun History And Bibliography, David B. Kopel

Wyoming Law Review

This Article provides an introductory history of machine guns and books about them. First, the Article describes federal machine gun laws and regulations, and related legal resources. Then the Article presents the historical development of machine guns from 1862 to the present, covering the various types of machine guns: heavy, medium, light, general purpose, submachine gun, machine pistol, and assault rifle. The first machine gun to achieve broad commercial success was the Gatling gun, invented during the American Civil War. Although the Gatling had little effect on that war, shortly thereafter the Gatling gun and other manual machine guns started …

In Brief, Case Western Reserve University School Of Law

In Brief

Table of Contents

• Message from the Dean
• Specialty Programs Ranked Among the Best
• AI Certification Requirement
• Curricular Enhancements
• New Faculty Members
• Scholarly Impact
• Conferences and Lectures
• A New Era for Business Law at CWRU
• Meet the New Class
• News from the Kramer Law Clinic
• Impactful Student Initiatives
• Mock Trial and Moot Court Success
• Alumni Spotlight
• Society of Benchers
• Alumni Committees
• Class Notes
• In Memoriam
• Honor Roll of Donors

Agonistic Federalism, Aziz Z. Huq, Zachary D. Clopton

Public Law and Legal Theory Working Papers

It’s been called the “oldest question” of American constitutional law: How does the national government deal with its sovereign subnational states? Judges and scholars have tried to capture this dynamic via theories of “dual federalism,” “process federalism,” “cooperative federalism,” or “federalism by integration.” But all these models suddenly seem to have superseded, and even perhaps rendered obsolete, by an unexpected step-change in the intensity of federal-state conflicts. In the place of longstanding federalism models, this article demonstrates, an underappreciated form of intergovernmental relations has emerged. We call this model “agonistic federalism.” The article’s aim is to introduce and theorize this …

Preventing Chemical And Biological Attacks: Enhanced Threats Requiring Enhanced Solutions, Alex Elliot Ottoni-Belval

Graduate Theses/Dissertations

Chemical weapons (CW) and biological weapons (BW) are becoming more dangerous for experts to employ and more accessible to amateurs. Despite CW and BW attacks throughout history that killed and maimed millions of people, the international community has failed to establish meaningful consequences to prevent them. Agreements such as the Chemical Weapons Convention and the Biological Weapons Convention vow to eliminate and reduce the effects of CWs and BWs but lack respected response precedents and capabilities. The limited and inconsistent enforcement has inadvertently allowed CWs and BWs to become plausible weapons, especially to gain asymmetric advantages, while modern developments exasperate …

Economic Sanctions And The Law, Andrew Kent, Thomas H. Lee And Harlan Cohen

Fordham International Law Journal

No abstract provided.

Penneast Pipeline And The Policy Implications Of The Private Use Of Eminent Domain, Emily C. Wood

Georgia Law Review

This Note considers the modern implications of the takings power in light of PennEast Pipeline Co. v. New Jersey, a 2021 U.S. Supreme Court decision holding that states do not have the right to exercise state sovereign immunity against private parties holding congressionally delegated authority. Against current environmental conditions and recent takings power history, this Note then examines the delegation power of Congress and the public policy implications of the present administrative scheme—as compared to the typical exercise of the federal eminent domain power. Finally, this Note argues that the current administrative scheme ultimately removes important decisions impacting local …

Targeted And Ticketed: Student Ticketing And The Perpetuation Of The School-To- Prison Pipeline, Jasmine Richardson-Rushin, Angelica Jimenez, Gwendolyn Walker, Hannah Benton Eidsath

UC Law Journal of Race and Economic Justice

The National Center for Youth Law (NCYL) is a non-profit organization working to end the harms of the juvenile, municipal and criminal legal systems, including by decriminalizing normal adolescent behavior, ending financial consequences, and improving children’s access to adequate developmentally appropriate treatment. Our work prioritizes eradicating the school-to-prison pipeline, and abolishing harmful fines, fees and economic sanctions through the Debt Free Justice Campaign (DFJ).

In school districts across the nation, students receive fees and fines as consequences for school-based behavior. Students are policed and ticketed for age-appropriate behaviors and disciplinary matters such as littering, truancy, and underage drinking and smoking. …

“Prisoners Of The Union”: Emporium Capwell And The Decline Of Concerted Activity Against Racial Discrimination, Andrew Hull

UC Law Journal of Race and Economic Justice

This paper tracks the development of judicial understanding of labor unions’ status under Section 9 of the National Labor Relations Act as the “exclusive representative” of employees for the purposes of bargaining with the employer, focusing on the how the Supreme Court case Emporium Capwell v. Western Community Addition has led to a gradual restriction of the scope of protected concerted activity by workers suffering discrimination. This ossification reveals how rigid, overly theoretical understanding of the law that is divorced from practical contexts often leads to reinforcing racial disparities in a capitalist mode of production. I further argue Emporium Capwell …