Digital Commons Network^™

Inspection And Seizure Of Seizure Of "Armed And Equipped" Somali Pirates: Lessons From The British And American Anti-Slavery Squadrons (1808-1860), John I. Winn

Seattle University Law Review Online

No abstract provided.

Nineteenth-Century Women's Rights Advocates On Abortion, Linda Gordon

Seattle University Law Review Online

No abstract provided.

Autonomous Vehicle Liability—Application Of Common Carrier Liability, Dylan Levalley

Seattle University Law Review Online

No abstract provided.

Supra Synopses, Ryan W. Dumm, Laura Turczanski

Seattle University Law Review Online

No abstract provided.

Final Report - Dissent By International Commissioners, Truth, Justice, And Reconciliation Commission

I. Core TJRC Related Documents

No abstract provided.

Dissemination Must Serve Authors: How The U.S. Supreme Court Erred, Wendy J. Gordon

Faculty Scholarship

The US Congress has enacted expansions of copyright which arguably impose high social costs and generate little incentives for authorial creativity. When the two most expansive statutes were challenged as unconstitutional, the US Supreme Court rebuffed the challenges, partly on the supposed ground that copyright law could legitimately seek to promote nonauthorial interests; apparently, Congress could enact provisions aiming to support noncreative disseminative activities such as publishing, or restoring and distributing old film stock, even if authorial incentives were not served. Such an error might have arisen because of three phenomena (in economics, history, and law, respectively) that might easily …

Jewish Identity And Judging: Seymour Simon Of Illinois, Jack M. Beermann

Faculty Scholarship

Illinois Supreme Court Justice Seymour F. Simon (1915-2006) would have filled the stereotype of the righteous man in Jewish lore. He was a man of principle, communicated those principles in an insistent tone to anyone who would listen, worked hard to further the cause of justice and earned a reputation as a committed public servant. Justice Simon served as Justice of the Illinois Supreme Court from 1980-1988 after having served on the Illinois Appellate Court from 1974-1980. Before winning election to the courts, Justice Simon was a politician, serving, inter alia, as an alderman in the City of Chicago and …

Greensboro And Beyond: Remediating The Structural Sexism In Truth And Reconciliation Processes And Determining The Potential Impact And Benefits Of Truth Processes In The United States, Peggy Maisel

Faculty Scholarship

Over the last 35 years approximately forty truth commissions have investigated human rights violations and abuses in a wide range of countries and communities. Each of these forty commissions provides different lessons on how investigating and testifying about past abuse can lead to healing and change. I have participated in two of the more remarkable Truth and Reconciliation processes, the first as an observer, the other as an advisor. The former is perhaps the most widely known and discussed TRC process, the one which took place in South Africa from 1996 to 1998 that examined the entire apartheid era in …

Niklas Luhmann's Theory Of Autopoietic Legal Systems, Hugh Baxter

Faculty Scholarship

Between 1984 and his death in 1998, German sociologist Niklas Luhmann developed a comprehensive theory of what he called autopoietic or self-referential systems.He worked out this approach both at the level of a social system as a whole and at the level of various social subsystems, such as state, economy, science, religion, education, art, family, and — the concern of the present article — law. My particular topics in this critical introduction to Luhmann’s theory are (a) its relation to more standard legal theory, (b) foundational or self-referential problems in law, and (c) the problem of law’s relation to other …

Incorporating Rights: Empire, Global Enterprise, And Global Justice, Erika George

Faculty Scholarship

This Article traces the history and evolution of corporate responsibility under international law to contextualize the developing discourse on business and human rights. It explores the role of private industry in contributing to colonial expansion, slavery, and conflict, and examines the advocacy efforts of abolitionists, anti-imperialism activists, and peace movements to craft reforms and create norms to control corporate conduct. First, the Article outlines the challenge that regulating private commercial power presents for a system of public international law premised on the sovereign power of states. Then, using the example of colonial era European charter companies the Article offers a …

Feminism And The Future Of African International Legal Scholarship, Erika George

Faculty Scholarship

Since the American Journal of International Law published the ground-breaking article, "Feminist Approaches to International Law" by Professors Hillary Charlesworth, Christine Chinkin, and Shelley Wright in 1991, there has been significant increase in the material written about the ways in which international law has failed to take account of the challenges faced by women or to appreciate women as relevant. The aim of the article was to urge a rethinking and revising of the structures and principles that exclude most women's experiences. It highlighted the fact that feminism in the Third World was doubly at odds with the dominant male …

Introduction To The Special Issue On The Arab Spring, Ayodeji Kamau Perrin

Faculty Scholarship

What quickly became known as the "Arab Spring" is a series of protest movements, reform movements, and revolutions (some bloody and some relatively "bloodless") that has been ongoing for more than two years in the majority-Muslim world of the Middle East and North Africa. Arab Spring recalls both the European Revolutions of 1848, dubbed the "Springtime of the Peoples," as well as the Prague Spring of 1968. And the events have drawn comparisons to the post-Soviet revolutions of 1989. The compilation of essays contained in this Special Issue of the Journal of International Law reflects on these events from a …

Prescriptions For Ethical Blindness: Improving Advocacy For Indigent Defendants In Criminal Cases, Tigran W. Eldred

Faculty Scholarship

The reasons criminal lawyers so often fail to provide adequate legal representation to indigent defendants are well-­known: severe underfunding, excessive workloads, and other disincentives for competent representation work together to encourage quick disposition of cases, with little regard for the quality of legal services that are provided. Yet, largely overlooked in this equation is whether defense lawyers who provide subpar representation are aware of their own shortcomings. To answer this question, this Article focuses on the psychology of ethical decision making. Relying on research that reveals the subtle ways that self-­interest can cause people to overlook unethical behavior, it argues …

Night Of The Living Dead Hand: The Individual Mandate And The Zombie Constitution, Gary S. Lawson

Faculty Scholarship

If someone had told me on June 27, 2012, that five Justices of the U.S. Supreme Court were about to hold in National Federation of Independent Business v. Sebelius 1 (NFIB) that the individual mandate provision in the Patient Protection and Affordable Care Act 2 (PPACA) was not constitutionally authorized either by the Commerce Clause or the Necessary and Proper Clause, 3 I would have popped a cork. I don't even drink, but I would have popped the cork on principle just to hear the sound (and also to irritate my colleagues, most of whom revere the PPACA the way …

Convention Violations And Investment Claims, William W. Park

Faculty Scholarship

In theory, treaty commitments remain a foundation of international law, often expressed in the adage pacta sunt servanda: ‘agreements are to be kept’.1 In practice, however, some treaty violations remain without realistic sanctions. Here as elsewhere, the divergence between theory and practice remains greater in practice than in theory.

The Case For Online Obscurity, Woodrow Hartzog, Frederic Stutzman

Faculty Scholarship

On the Internet, obscure information has a minimal risk of being discovered or understood by unintended recipients. Empirical research demonstrates that Internet users rely on obscurity perhaps more than anything else to protect their privacy. Yet, online obscurity has been largely ignored by courts and lawmakers. In this Article, we argue that obscurity is a critical component of online privacy, but it has not been embraced by courts and lawmakers because it has never been adequately defined or conceptualized. This lack of definition has resulted in the concept of online obscurity being too insubstantial to serve as a helpful guide …

Social Data, Woodrow Hartzog

Faculty Scholarship

As online social media grow, it is increasingly important to distinguish between the different threats to privacy that arise from the conversion of our social interactions into data. One well-recognized threat is from the robust concentrations of electronic information aggregated into colossal databases. Yet much of this same information is also consumed socially and dispersed through a user interface to hundreds, if not thousands, of peer users.

In order to distinguish relationally shared information from the threat of the electronic database, this essay identifies the massive amounts of personal information shared via the user interface of social technologies as “social …

“Rugged Vaginas” And “Vulnerable Rectums”: The Sexual Identity, Epidemiology, And Law Of The Global Hiv Epidemic, Aziza Ahmed

Faculty Scholarship

AIDS remains amongst the leading causes of death globally. Identity is the primary mode of understanding HIV and organizing in response to the HIV epidemic. In this Article, I examine how epidemiology and human rights activism co-produce ideas of identity and risk. I call this the "identity/risk narrative ": the commonsense understanding about an identity group's HIV risk. For example, epidemiology offers the biological narrative of risk: anal sex and the weak rectal lining make men who have sex with men more vulnerable to HIV; while the fragility of a woman's vaginal wall provides a biological foundation for women's vulnerability. …

Geography And Justice: Why Prison Location Matters In U.S. And International Theories Of Criminal Punishment, Steven Arrigg Koh

Faculty Scholarship

This Article is the first to analyze prison location and its relationship to U.S. and international theories of criminal punishment. Strangely, scholarly literature overlooks criminal prison designation procedures—the procedures by which a court or other institution designates the prison facility in which a recently convicted individual is to serve his or her sentence.

This Article identifies this gap in the literature—the prison location omission—and fills it from three different vantage points:

(1) U.S. procedural provisions governing prison designation;

(2) international procedural provisions governing prison designation; and

(3) the relationship between imprisonment and broader theories of criminal punishment.

Through comparison of …

Recent Developments In Third-Party Funding, Victoria Sahani

Faculty Scholarship

This article addresses recent developments in third-party funding that occurred during late 2012 and early 2013 in the three leading jurisdictions: Australia, the United Kingdom and the United States. The most important developments are the following. On 22 April 2013, the Australian Securities and Investment Commission (ASIC) issued regulatory guidelines clarifying the status of funders with respect to ASIC’s regulations and detailing how funders should manage conflicts of interest and handle certain provisions of their funding arrangements. In the United Kingdom, the Jackson Reforms took effect on 1 April 2013, bringing sweeping changes to the allowable fee agreements, discovery rules …

A Community In Turmoil: The Iranians Of The Caucasus And The Russian Revolutions (1900-1920), Solmaz Rustamova Tohidi

Khazar Journal of Humanities and Social Sciences

The History/ Archaeology of the formation of the Iranian Community in Azerbaijan traces back to the South Caucasian region’s inclusion as part of the Russian Empire in the beginning of the XIX century under the Gulistan (1813) and Turkmenchay (1828) treaties after the IranRussia Wars. The Iranian community in the Caucasus region was shaped by a long History/ Archaeology of political influences and resulting migrations to the Caucasus, twenty years of which are analyzed in this article. The 1880-1920 migrations promoted the development of IranianRussian relations, economies, trade, etc. On the other hand, an impetuous socio-political life in the Caucasus …

Language Policy In Azerbaijan Toward Sustainable Change, Jamala I. Mammadova

Khazar Journal of Humanities and Social Sciences

After the collapse of the Soviet Union, Azerbaijan has been working towards a way to improve the Azerbaijani language as the sole state language of the country. The continuing war over the Nagorno-Karabakh conflict slowed the speed of all these ameliorating processes. There are certain issues in the field of language policy in Azerbaijan. It will take several decades for the country to remove all the obstacles and to make its way to the peak in the field of language.

Exploring The Relevance Of Feminist Leadership In Theological Education Of Nigeria, Adesanya İbiyinka Olusola

Khazar Journal of Humanities and Social Sciences

Feminist leadership is very important in theological education as it would seek to deconstruct stereotypical assumptions about women and gender in Christian theological traditions. Unfortunately, most of the theological schools in Nigeria do not have feminist as leaders. Five reasons why feminist leadership are needed in theological schools have been identified as, the bible teaching that women brought sin and death to the world, servant hood notion of women, scandal of particularity, male domination of ministries and theological methods and process that are full of stereotypes. All this does not provide women a unique opportunity to discover and develop their …