Digital Commons Network^™

Law Firms As Trust Directors, Raymond C. O'Brien

Scholarly Articles

The practice of permitting a third party, other than a settlor or a trustee, to give guidance to the trustee over some aspect of trust management reflects the trend of granting settlors increasing control over their transfers of wealth. In decades past, a few states enacted legislation permitting what is known as directed trusts, but in 2017, the Uniform Directed Trust Act was promulgated, seeking to provide a modicum of uniformity among the states, as wealth is now increasingly both interstate and international. Using the Uniform Directed Trust Act as a template, this Article discusses issues pertinent to directed trusts, …

An Analysis Of The Dpa And False Claims Act In The United States V. Colas Djibouti Case, Sophie Perret

Dissertations and Honors Papers

This thesis examines the February 2021 dual enforcement action against Colas Djibouti SARL - a Deferred Prosecution Agreement resolving criminal wire fraud charges and a parallel civil settlement under the False Claims Act - arising from the supply of substandard concrete and falsified laboratory results on United States Navy construction contracts at Camp Lemonnier, Republic of Djibouti. It argues that the resolution is at once a doctrinal success and a structural failure. Doctrinally, the case illustrates the expanding reach of U.S. federal enforcement over foreign subsidiaries operating in high-risk jurisdictions: the wire fraud statutes supplied jurisdiction where territorial principles would …

The Pedagogy Of Legal Synthesis, Stephen Mortellaro

Scholarly Articles

The ability to synthesize implicit legal principles from many ambiguous cases is a mark of a skilled attorney. But legal synthesis is notoriously challenging to teach, and law students typically receive little explicit guidance on how to synthesize. The literature likewise offers law professors little direction on how to impart the skill successfully. This Article serves as a guide for professors to effectively train law students to synthesize implicit legal principles. Drawing upon cognitive science, the study of logic, and educational research, this Article explains the challenges of learning legal synthesis and equips professors with pedagogical methods and curricular resources …

Death Without Discretion: The Legality Of Mandatory Capital Punishment In Tanzania, Kimberly Austin

Human Rights Brief

The African Court on Human and Peoples’ Rights (AfCHPR) recently found that Tanzania’s mandatory death penalty by hanging violates the rights to life and dignity, guaranteed under Articles 4 and 5 of the African Charter on Human and Peoples’ Rights (the Charter). The Court’s judgment on June 26, 2025, in Tembo Hussein v. United Republic of Tanzania demanded rapid reform of Tanzania’s criminal laws in the name of preserving human rights.

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.

Contested Authority: The Legal Framework For Ultra Vires Sovereign Debt And Its Implications For Public Debt Transparency, Sebastian Grund, Roshak Momtahen

Emory International Law Review

Despite the absence of a dedicated legal or institutional framework governing sovereign debt, the interests of government debtors and their creditors are balanced through a plethora of private and public ordering mechanisms. This Article examines “ultra vires” debt, or debt issued beyond the powers of the issuer, as a crucial element of the debtor-creditor relationship, and a potential source of tension. It describes a situation whereby a sovereign issues a financial obligation in violation of its own domestic laws. As recent high-profile lawsuits involving Venezuela and Ukraine have shown, the legal consequences of ultra vires sovereign debt issuance are …

Consensus Decision-Making: Decision-Making Model Of Chinese Constitutional Review, Songfeng Li

Emory International Law Review

The judgment model of constitutional review in China adopts a consensus-based judgment model involving multiple stakeholders, including review authorities, drafting authorities, relevant interest parties, and the general public. Through multi-level, multi-stage, and multi-round interactive communication and negotiation, consensus is reached on constitutional judgments. This judgment model aligns with the power division political system under the NPC system, reflecting the institutional concept of people’s sovereignty and the cultural foundation of valuing harmony. It is also a result of the decentralization of constitutional review authority leading to insufficient power for actual reviewers, the parallel nature of factual and normative judgments in constitutional …

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 …

From Russia Without Love: A Unique Path Forward For Western Asset Holders Looking To Recover Expropriated Property In Russia, Anthony Liberatori

Northwestern Journal of International Law & Business

Chelsea Football Club, Sean Baker’s Academy Award-winning film “Anora,” and billionaire parties in St. Barth’s: the rapid rise of Russian capital since the collapse of the Soviet Union has permeated international popular culture and underscores the modern global economy. However, Vladimir Putin’s invasions into Ukraine in 2014 and 2022 have caused the international community — particularly the West — to sanction Russia, challenging its place in an increasingly globalized supply chain, and harkening anti-Russian sentiment not seen since the Cold War. In response to sanctions, Russia has begun nationalizing Western assets left behind within its borders, leaving company owners scrambling …

Taxation And The Fair And Equitable Treatment Standard In International Investment Arbitration, Jiangfeng Li

Northwestern Journal of International Law & Business

The recent decade has witnessed an increase of cases in which foreign investors have challenged host states’ taxation measures in international investment arbitrations, arguing that they violated investment treaty protection standards including fair and equitable treatment (“FET”). After conducting a close examination of cases involving taxation-related claims in international investment arbitration, this article reveals that in the cases involving the host states’ taxation measures, the ability of investors to invoke FET claims is very limited, and the chances of foreign investors succeeding in protecting their investment interests through FET claims are much lower compared to other types of non-taxation-related claims. …

The Labyrinth Of International Merger Regulation: A Procedural Path Forward, Michael Volkert

Northwestern Journal of International Law & Business

In 1890, the first antitrust law was passed in the United States with the enactment of the Sherman Act. Over the past 134 years, jurisdictions across the globe have passed competition laws. One key aspect of competition law is a regulator’s ability to prevent anti-competitive M&A transactions. More jurisdictions are requiring merging firms to notify regulators prior to completing a merger through a process called pre-merger notification. As more global pre-merger notification laws develop, firms engaged in M&A will be required to file with more regulatory bodies, delaying transactions, increasing costs, and causing comity dilemmas. This Article investigates the current …

Presidential Power And Global Finance: The Rise And Limits Of Financial Warfare, Michael Glanzel

Northwestern Journal of International Law & Business

The president’s power over global financial transactions has become one of the most potent tools in America’s foreign policy arsenal. Since the outbreak of World War I, presidents have frequently employed financial instruments to coerce or punish foreign actors. But it was President Biden’s employment of financial weaponry in the wake of Russia’s invasion of Ukraine that represented the most complex and far-reaching exercise of presidential power in global finance. From weakening the Russian central bank’s access to the dollar market, to cutting off key Russian financial institutions from American lenders, to deplatforming Russian entities from the Society for Worldwide …

Family Law—When Equity Isn’T Enough: The Case For Clearer Standards In Family Law—Cavanagh V. Cavanagh, 267 N.E.3d 574 (Mass. App. Ct. 2025), Brianna Conlon

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

“I Don’T Always See A Future For Me Here”: Oppressive Political Pressures On Lgbtq+ College Students’ Well-Being, Jodi Linley, Olivia M. Copeland, Kathleen J. Buell, Cindy Ann Kilgo, Megan Pendleton, Alex C. Lange, N F. Tennessen

Journal of Queer and Trans Studies in Education

In recent decades, colleges have broadly supported LGBTQ+ students. Now, institutions have shuttered LGBTQ+ initiatives in response to political pressures, with little consideration for the effects on students. This study answers the question, what current policy factors do LGBTQ+ college students describe as affecting their well-being, and in what ways? We analyzed 426 responses from a multi-institution study of LGBTQ+ students. By and large, students feel anxious and fearful as they navigate the current climate. Our analysis illustrated numerous factors, from the President and his administration to states and general emboldened violence, and the real and potential consequences of those …

Hydroxyurea Pharmacokinetics In Children With Sickle Cell Anemia Across Different Global Populations, Alexandra Power-Hays, Kathryn Mcelhinney, Thomas Williams, George Mochamah, Peter Olupot-Olupot, George Paasi, Marvin Reid, Angela Rankine-Mullings, Robert Opoka, John Chandy

Paediatrics and Child Health, East Africa

Hydroxyurea provides effective disease-modifying treatment for people with sickle cell anemia (SCA), especially when escalated to maximum tolerated dose (MTD), but has wide interpatient dosing variability due to pharmacokinetic (PK) differences. Whether hydroxyurea PK parameters differ among children with SCA in different global regions is unknown. We compared hydroxyurea PK parameters among children with SCA from five clinical trials: HUSTLE (USA, NCT00305175), TREAT (USA, NCT02286154), NOHARM (Uganda, NCT01976416), REACH (Uganda and Kenya, NCT01966731), and EXTEND (Jamaica, NCT02556099). Key hydroxyurea PK parameters were determined using HdxSim™, a validated hydroxyurea PK-software program. The results were compared across regions by one way analysis …

Investigating Neonatal Sepsis: Anti-Infectives, Diagnostics And Guidelines Used In Health Systems Across Sub-Saharan Africa – The Insights Study, Jack Louis Stanley, David Hettle, Rachel Poffley, Larisse Bolton, Emelyne Gres, Isabel Coelho, Raana Hussain, Gildas Boris Hedible, Gwendoline Lilly Chimhini, Valeriane Leroy

Paediatrics and Child Health, East Africa

Background Sepsis is a leading cause of neonatal mortality in sub-Saharan Africa (SSA), where microbiological diagnostic capacity and antibiotic access are limited. High antimicrobial resistance (AMR) rates limit the effectiveness of current treatment guidelines, with concern that available antibiotics are rarely adequate treatment for neonatal sepsis in the region.

Methods A cross-sectional online survey was electronically distributed in English, French and Portuguese to neonatal clinicians across SSA between April and June 2025. Questions focused on the management of neonatal sepsis including diagnostic, antibiotic and guideline use. Responses were analysed descriptively and presented as percentages of the total number of responses. …

Investigation Of Factors Influencing Electric Vehicle Adoption In Indonesia: Ev Owners’ Perspectives, Desrina Yusi Irawatia, Nur Aini Masruroh, Nur Mayke Eka Normasari

ASEAN Journal on Science and Technology for Development

Electric vehicle (EV) uptake in Indonesia remains markedly below policy benchmarks. This study applies the Unified Theory of Acceptance and Use of Technology version 3 (UTAUT3), an extension of UTAUT2 that incorporates personal innovativeness as an additional construct to examine its impact on both behavioral intention and actual EV adoption within the Indonesian context. Unlike studies that typically survey the general public, this study focuses on actual EV users and owners, providing more representative and responsive insights into real-world EV usage. A total of 208 respondents participated, with 135 from the Jabodetabek area and 73 from Surabaya. The UTAUT3 framework …

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 …

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 …

Institutional Authority Without Ratification: Rethinking International Organizations’ Governance In The Post-Treaty Era, Izadora Coutinho

Case Western Reserve Journal of International Law

This Article examines the growing normative authority exercised by international organizations through informal governance mechanisms that operate without treaty ratification or formal consent. It argues that international law is undergoing structural transformation: global standards increasingly emerge from flexible, network-based arrangements rather than negotiated treaties. Using the OECD/G20 Global Anti-Base Erosion (GloBE) Rules as a case study, this Article illustrates how nonbinding instruments can generate de facto binding effects. Their adoption by numerous jurisdictions reflects systemic incentives, reputational pressures, and tax base erosion threats. While such mechanisms enhance flexibility and responsiveness, they also raise significant concerns about legitimacy, sovereignty, and accountability. …

Front Matter, Vol. 58 (2026)

Case Western Reserve Journal of International Law

No abstract provided.

Opening Address For The American Society Of International Law 2025 Midyear Meeting: "No Liberty Without An Independent Jury", Hon. Leo M. Gordon

Case Western Reserve Journal of International Law

No abstract provided.

Child Welfare And Global Governance: A New Framework For Cross-Border Accountability, Megan Ryan, Bailee Gibbs

Case Western Reserve Journal of International Law

The U.N. Convention on the Rights of the Child has long failed to adequately protect all children, such as those separated from their families due to detention, deportation, exile, imprisonment, or death. Although Article 9(4) of the UNCRC imposes obligations on States when separations occur due to the actions of State Parties, a clear gap exists between these obligations and their implementation. Specifically, Article 9(4)’s effectiveness is often undermined by obstacles such as tensions between State sovereignty and international law, insufficient domestic measures, and weak enforcement mechanisms for holding States accountable. This Article discusses these obstacles, presents two case studies …

Equal-Access Extraction: Necessary Revisions To The Extent Of The 1920 Svalbard Treaty Due To Norway's Deep-Sea Mining Decision, Louden J. Keihl

Case Western Reserve Journal of International Law

Svalbard’s 100-year-old governing treaty, the Svalbard Treaty, has been the cause of several disputes regarding its applicability to maritime zones not developed at the time of its negotiation. This Note argues that, considering Svalbard’s importance, the different treaty parties should renegotiate and revise the Svalbard Treaty to clarify ambiguities regarding its geographic scope. The reasons why the dispute has not been solved to date and the differing views on the Treaty’s geographic scope are also discussed. Potential clarifying language is proposed and analyzed. (from the author)

From Generation To Generation: Older People And Ageism In Violent Conflict, Alexis Jori Shanes

Case Western Reserve Journal of International Law

Conflicts in every generation disproportionately impact older people. Older people are often unable to exercise their most basic human rights during peacetime, and conflicts only amplify this problem. Despite this reality, international law does not provide specialized protection for older people, and they are often excluded from international justice processes.

International law does not define the term “older,” although the word is often used to describe a group of people roughly age 60 or above. But there is no question that the median age of the global population is rising. Today, there are more than 700 million people older than …

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 …

Mapping The Invisible: A Topology Of De Facto Amnesties And The Shifting Landscape Of Accountability, Francois Naaman

Case Western Reserve Journal of International Law

This article introduces the concept of de facto amnesty as a distinct category within transitional justice. While international law has increasingly restricted de jure amnesties, it has paid less attention to informal or structural practices that foreclose accountability in fact. Such practices, whether extensions of statutory amnesties, tacit political bargains, or systemic enforcement failures, have often been tolerated, and at times legitimized, by international actors. Without a clear framework, they risk being conflated either with impunity or with legitimate reconciliatory measures. The paper proposes a working definition of de facto amnesty and a five-step diagnostic method for its identification. It …

The Role Of International, Regional, And Domestic Courts In Transitions Toward Peace And Security, Milena Sterio

Case Western Reserve Journal of International Law

Over the past several years, we have witnessed tremendous violations of international law in situations of conflict and mass violence by both state and non-state actors. In Myanmar, hundreds of thousands of Rohingya have experienced severe persecution and have been forced to flee to the neighboring state of Bangladesh. In Sudan, military groups such as the Rapid Support Forces have been committing serious international crimes in the Darfur region and elsewhere. In Ukraine, Russian forces have targeted civilian objectives and have forcibly abducted children. And in Gaza, Israeli forces have been engaged in various violations of international law over the …

The Rise Of Accountability Mechanisms: The Next Wave Of International Law Justice?, Jacqueline R. Mcallister

Case Western Reserve Journal of International Law

Since 2011, the United Nations (UN) has increasingly deployed investigative mechanisms—or commissions of inquiry, fact-finding missions, and other ad hoc investigations—to not just monitor and document egregious human rights abuses, but also to collect, preserve, and analyze evidence in order to lay the groundwork for future accountability. Importantly, these “accountability mechanisms” tend to deploy in places where the International Criminal Court (ICC) lacks jurisdiction or national courts are unwilling or unable to conduct prosecutions. They thus work to counter impunity gaps. However, since their debut, accountability mechanisms have faced immense political, financial, administrative, and institutional challenges, which have hindered their …

Challenging National Security List Designations In U.S. Courts, Ruowen Shi

Case Western Reserve Journal of International Law

National security list designations have emerged as a prominent feature of U.S. foreign policy, directly targeting individuals and entities through administrative channels. Programs such as the SDN List, the Entity List, and the 1260H List deliberately restrict access to financial resources and critical technologies, functioning in practice as de facto sanctions. These lists span a regulatory spectrum, differing in statutory bases, policy objectives, and severity of consequences, but all share the common feature of making delisting extremely difficult. A series of cases demonstrates that such barriers stem primarily from the limited applicability of the Administrative Procedures Act (APA) in the …