Digital Commons Network^™

Treating The New European Disease Of Consumer Debt In A Post-Communist State: The Groundbreaking New Russian Personal Insolvency Law, Jason J. Kilborn

Brooklyn Journal of International Law

This article examines the tumultuous transition from restrictive Communism to the debt-fueled consumer economy of modern Russia. In particular, it surveys Russia’s legal response to severe debt distress, situating it in the context of nearly one thousand years of historical development. Effective 1 October 2015, Russia finally joined most of its European neighbors in adopting a personal bankruptcy law, with characteristics that reflect both evolving international best practices and a series of lessons not learned. This article offers the first detailed exposition in English of the two steps forward represented by this new law, as well as an evaluation of …

Taking Constitutional Identities Away From The Courts, Pietro Faraguna

Brooklyn Journal of International Law

In federal states, constitutional identity is the glue that holds together the Union. On the contrary, in the European Union—not a fully-fledged federation yet—each Member state has its own constitutional identity. On the one hand, the Union may benefit from the particular knowledge, innovation, history, diversity, and culture of its individual states. On the other hand, identity-related claims may have a disintegrating effect. Constitutional diversity needs to come to terms with risks of disintegration. The Treaty on the European Union seeks a balance, providing the obligation to respect the constitutional identities of its Member states. Drawing from the European experience, …

Free Kick: Fifa’S Unintended Role In Illuminating Jurisdictional Gaps Of International Criminal Courts, Travis L. Marmara

Brooklyn Journal of International Law

In the wake of the FIFA corruption scandal of 2015, certain realities have come to light. FIFA’s corruption knows no bounds, but fans of the sport will watch nonetheless. What is less apparent is that the two most prominent international criminal courts—the International Court of Justice (ICJ) and the International Criminal Court (ICC) fail to have jurisdiction over the FIFA organization or its officials when they engage in white-collar crimes that sanction human rights abuses abroad. This Note examines how FIFA officials’ acceptance of Qatari bribes to host the 2022 World Cup exposed alarming jurisdictional inadequacies of the ICJ and …

Australians' "Right" To Be Bigoted: Protecting Minorities' Rights From The Tyranny Of The Majority, Jillian Rudge

Brooklyn Journal of International Law

Australia’s Racial Discrimination Act (RDA) is a federal statute prohibiting behavior that offends, insults, humiliates, or intimidates people based on their race, nationality, ethnicity, or immigration status. It appropriately limits the right to freedom of expression where the exercise of that right encroaches on other, equally fundamental rights to equality and freedom from discrimination. The RDA is one of Australia’s few human rights laws focused on fighting racism. It is especially important for protecting the rights of minorities since Australia lacks a constitutional or federal bill of rights. Unfortunately, in 2014 and 2015, conservative politicians called for a repulsion of …

Rescuing The “Supreme Court” Of Sports: Reforming The Court Of Arbitration For Sport Arbitration Member Selection Procedures, Jennifer R. Bondulich

Brooklyn Journal of International Law

The international athletic community’s preference for arbitration over traditional domestic courts to settle disputes between individual athletes and their respective sports governing bodies has led to the development of an authority specializing in international sports dispute resolution—the Court of Arbitration for Sport (CAS). Originally created in 1984 by the International Olympic Committee (IOC) to hear Olympic disputes, CAS has developed into the exclusive arbitral body for international sports disputes, and clauses granting CAS exclusive authority are found in essentially all contracts between individual athletes and their respective athletic federation. Although, CAS functions as the “Supreme Court” of Sports and is …

The Costs And Consequences Of Incorrect Citations: European Law In The U.S. Supreme Court, Andrea Pin

Brooklyn Journal of International Law

Building on the controversy over foreign citations in domestic courts, this article reflects on the U.S. Supreme Court's practice of quoting EU law and the European Court of Human Rights’ case law. It offers a detailed examination of how the U.S. Supreme Court has used European sources and shifts the debate over whether it should use them, by explaining a different way in which the court could exploit them. The article focuses on the three fields in which such foreign case law has either influenced the U.S. Supreme Court decisions or otherwise impacted the judges’ reasoning: laws targeting homosexual conduct; …

The Principle Of Legality And A Common Law Bill Of Rights—Clear Statement Rules Head Down Under, Dan Meagher

Brooklyn Journal of International Law

This article traces the evolution in Australia of fundamental rights protection provided by the courts. It is a fascinating and controversial story that, at its most critical moments, was (and continues to be) informed by U.S. constitutional law design and statutory interpretation principles. On one level, that is no surprise when “it may be said that, roughly speaking, the Australian Constitution is a redraft of the American Constitution of 1787 with modifications found suitable for the more characteristic British institutions and for Australian conditions.” But, what is extraordinary is that the decision of the framers of the Australian Constitution to …

The Last Poor Plunder From A Bleeding Land: The Failure Of International Law To Protect Syrian Antiquities, Mackenzie Warner

Brooklyn Journal of International Law

The Syrian civil war has led to the looting and destruction of a significant amount of the country's cultural heritage. The rise of ISIS in Syria and its exploitation of cultural heritage for propaganda and financial gain has exacerbated this damage. Further, international treaty protections of cultural heritage during armed conflict contain significant weaknesses impeding their ability to effectively protect antiquities in the post-9/11 context of modern armed conflict that substantially involves non-state armed groups and acts of terrorism occurring outside the event of declared war. The primary international protections of cultural heritage during armed conflict consist of the 1954 …

Relating Ion Release And Ph To In Vitro Cell Viability For Gallium-Inclusive Bioactive Glasses, Timothy J. Keenan, L. M. Placek, T. L. Mcginnity, Mark R. Towler, M. M. Hall, A. W. Wren

Chemical and Biochemical Engineering Faculty Research & Creative Works

A bioactive glass (BG) in which Ga was substituted for Zn was formulated to investigate whether the ionic form of Ga can elicit effects similar to gallium nitrate. The ion release and pH of BG extracts were evaluated, as well as the in vitro cytocompatibility of extracts in contact with mouse fibroblasts and human osteoblasts. After incubation times of 1 year, the glass (TGa-1) containing the smaller Ga-addition (8 mol%) released the most sodium (Na) (1420 mg/L), silicon (Si) (221 mg/L), and Ga (1295 mg/L), while the glass (TGa-2) containing the larger Ga-addition (16 mol%), exhibited release levels between TGa-1, …

The Dangers Of The Reference Question: Scc V. Scotus, Mark Mina Mikhaiel

Canada-United States Law Journal

No abstract provided.

Food Speculation: Between Virtual . . . And Reality, Alexandra Esmel

American University International Law Review

No abstract provided.

The Role Of Human Rights In Copyright Enforcement Online: Elaborating A Legal Framework For Website Blocking, Christophe Geiger, Elena Izyumenko

American University International Law Review

No abstract provided.

International Art And Cultural Heritage Law, Patty Gerstenblith, Jacqueline Farinella, David Bright, Kevin Ray

The International Lawyer

No abstract provided.

The Transatlantic Trade And Investment Partnership: Controversies And Barriers Faced In The Ongoing Trade Negotiations, Carter Gantz

The International Lawyer

No abstract provided.

International Arbitration, Manuel Liatowitsch, Jeffrey Rosenthal, Christopher P. Denicola, Elizabeth M. Hanly, Mauricio Becerra De La Roca Donoso, Diepiriye Anga, James Menz, Guido Carducci, Medhavi Singh, Hanns-Christian Salger

The International Lawyer

No abstract provided.

Collective Action Clauses & Corporate Bond Spreads: Evidence From Chile, Carlos Berdejó

Northwestern Journal of International Law & Business

The use of collective action clauses (CACs) in public bonds has received significant attention in academic and policy circles in recent years. While the existing literature suggests that market participants in sovereign and corporate bond markets often opt to include CACs when allowed under the applicable governing law, whether CACs create or destroy economic value is an open question. Notably, the studies examining the value of CACs have largely focused on sovereign bonds, devoting minor attention to public corporate debt, a gap in the literature which this Article addresses.

This Article assesses the value of CACs by exploiting a recent …

India, Aseem Chawla, Kavita Mohan, Poorvi Chothani, Gagan Kumar, Amit Kaushik, Namrata Patodia Rastogi, Sharanya G. Ranga, Dutta Riya

The International Lawyer

No abstract provided.

International Investment And Development, Uche Ewelukwa Ofodile, Mauricio Becerra De La Roca, Qingqing Miao, Irina Feofanova, Aboubacara Fall

The International Lawyer

No abstract provided.

Young Lawyers Network (Yin), Sara Blackwell, Siena Caruso, Jose Francisco Mafla, Manoj Kumar

The International Lawyer

No abstract provided.

Europe, Thomas Stanton, Laurent De Muyter, Angelique Devaux, Audrey Kavets, Valeria Miller, Jorg Rehder, John Richards, Andreas Ripken, Roselyn Sands

The International Lawyer

No abstract provided.

Until We Achieve Universal Peace: Implications Of The International Law Commission’S Draft Articles On The “Effects Of Armed Conflict On Treaties”, Lauren Dudley

American University National Security Law Brief

No abstract provided.

The Battle Against Geo-Blocking: The Consumer Strikes Back, Sabrina Earle

Richmond Journal of Global Law & Business

The first part of this article will focus on the background of copyright law and its expansion in the digital age. The development of copyright law in the United States will be discussed along with a focus on current case law that has applied copyright law to the Internet and advancing technologies. Part I will also look into the expansion of copyright protection to an international level, including the creation of WIPO and the WIPO Copyright Treaty. Finally, Part I will discuss the popular trend of how consumers use the Internet to access digital copyrightable material. The second part of …

"Black" Hawala: Confronting Isil On The Financial Front, Kelsey Mowatt-Larssen

American University National Security Law Brief

No abstract provided.

The Quest For A User-Friendly Copyright Regime In Hong Kong, Peter K. Yu

American University International Law Review

No abstract provided.

International Antitrust, Paul Schoff, Katrina Groshinkski, Eric White, Maria Cecilia Andrade, Rafaela P. De Calcena, Adam S. Goodman, Peter Wang, Yizhe Zhang, Laurie-Anne Grelier, Peter Camesasca

The International Lawyer

No abstract provided.

Free Trade As A Force Of Political Stability: The Case Of Mainland China And Hong Kong, Gonzalo Villalta Puig, Vinci Chan

The International Lawyer

No abstract provided.

International Litigation, Aaron Marr Page, Jonathan I. Blackman, Carmine D. Boccuzzi, Erin Lawrence, Phillip B. Dye Jr., Matthew D. Slater, Howard Zelbo, Charles A. Patrizia, Joseph R. Profaizer, Igor V. Timofeyev

The International Lawyer

No abstract provided.

Employment Law, Theodore Goloff

The International Lawyer

No abstract provided.

International Secured Transactions, Arnold S. Rosenberg, Judith Elkin, Gordon Geiser, Christian Kohler-Ma

The International Lawyer

No abstract provided.

Chinese "Workers Without Benefits", Ron Brown

Richmond Journal of Global Law & Business

Millions of workers in China are not afforded the rights and benefits of its labor and employment laws and thus are not "workers with benefits." China's labor reforms and worker "safety net" have come so far in the past 30 years, producing "workers with benefits." Why are there still millions of workers in the urban sector who do not have the protections of these labor and employment law reforms, who are the "workers without benefits," falling outside the labor safety net?