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Articles 1 - 30 of 323
Full-Text Articles in Law
Religious Courts And Tribunals In Africa: An Overview, Mark Hill Kc
Religious Courts And Tribunals In Africa: An Overview, Mark Hill Kc
Notre Dame Journal of International & Comparative Law
No abstract provided.
Volume 14, Issue 3 - Full Issue, Notre Dame Journal Of Int'l & Comparative Law Volume 14
Volume 14, Issue 3 - Full Issue, Notre Dame Journal Of Int'l & Comparative Law Volume 14
Notre Dame Journal of International & Comparative Law
No abstract provided.
Letter From The Editor, Barrett Cole
Letter From The Editor, Barrett Cole
Notre Dame Journal of International & Comparative Law
No abstract provided.
Deep Seabed Mining: What Is To Be Done About The Regulatory Lacuna?, Katherine Reece Thomas
Deep Seabed Mining: What Is To Be Done About The Regulatory Lacuna?, Katherine Reece Thomas
Notre Dame Journal of International & Comparative Law
No abstract provided.
Getting In A Bind—Comparing Executive Compensation Regulations In The U.S. And The U.K., Bobby V. Reddy
Getting In A Bind—Comparing Executive Compensation Regulations In The U.S. And The U.K., Bobby V. Reddy
Notre Dame Journal of International & Comparative Law
No abstract provided.
Drone Attacks And The Failure Of Securitisation In Pakistan, Satvinder S. Juss, Sahib S. Juss
Drone Attacks And The Failure Of Securitisation In Pakistan, Satvinder S. Juss, Sahib S. Juss
Notre Dame Journal of International & Comparative Law
No abstract provided.
Volume 14, Issue 2 - Full Issue, Notre Dame Journal Of Int'l & Comparative Law Volume 14
Volume 14, Issue 2 - Full Issue, Notre Dame Journal Of Int'l & Comparative Law Volume 14
Notre Dame Journal of International & Comparative Law
No abstract provided.
Proportionalities, Youngjae Lee
Proportionalities, Youngjae Lee
Notre Dame Law Review Reflection
“Proportionality” is ubiquitous. The idea that punishment should be proportional to crime is familiar in criminal law and has a lengthy history. But that is not the only place where one encounters the concept of proportionality in law and ethics. The idea of proportionality is important also in the self-defense context, where the right to defend oneself with force is limited by the principle of proportionality. Proportionality plays a role in the context of war, especially in the idea that the military advantage one side may draw from an attack must not be excessive in relation to the loss of …
An Originalist Approach To Puerto Rico: Arguments Against The Status Quo, Micah Allred
An Originalist Approach To Puerto Rico: Arguments Against The Status Quo, Micah Allred
Notre Dame Law Review Reflection
Few originalists have grappled with a fundamental question about Puerto Rico: whether the Constitution permits the United States to hold the island indefinitely as nonstate territory. There are reasons to doubt that it does. The main purpose of the Constitution’s territorial provisions was to allow Congress to transition the then West-ern Territory into states. And, as a structural matter, Congress’s direct authority over Puerto Ricans conflicts with important constitutional principles such as federalism. But for originalists, arguments from purpose and structure are helpful only insofar as they elucidate the original meaning of the Constitution’s text. This Article lays out two …
Volume 14 Masthead, Notre Dame Journal Of Int'l & Comparative Law Volume 14
Volume 14 Masthead, Notre Dame Journal Of Int'l & Comparative Law Volume 14
Notre Dame Journal of International & Comparative Law
No abstract provided.
Regulating Dark Patterns, Martin Brenncke
Regulating Dark Patterns, Martin Brenncke
Notre Dame Journal of International & Comparative Law
No abstract provided.
Australia As A Model For Batson Reform, Evan M. Luellen
Australia As A Model For Batson Reform, Evan M. Luellen
Notre Dame Journal of International & Comparative Law
No abstract provided.
Letter From The Editor, Barrett Cole
Letter From The Editor, Barrett Cole
Notre Dame Journal of International & Comparative Law
No abstract provided.
Returning The Benin Bronzes: An Analysis Under International And U.S. Law, Elaine Kim
Returning The Benin Bronzes: An Analysis Under International And U.S. Law, Elaine Kim
Notre Dame Journal of International & Comparative Law
No abstract provided.
Oh Canada: Why Canada Should Recognize The Northwest Passage As An International Strait, Sandra Weir
Oh Canada: Why Canada Should Recognize The Northwest Passage As An International Strait, Sandra Weir
Notre Dame Journal of International & Comparative Law
No abstract provided.
Global Civil Justice, Cesare Cavallini
Global Civil Justice, Cesare Cavallini
Notre Dame Journal of International & Comparative Law
No abstract provided.
Re-Imagining The Post-9/11 Authorizations For Use Of Military Force In The Era Of Emerging Consensus On Reform, Peter J. Amato
Re-Imagining The Post-9/11 Authorizations For Use Of Military Force In The Era Of Emerging Consensus On Reform, Peter J. Amato
Journal of Legislation
No abstract provided.
Belief In War, Mary Ellen O'Connell
Belief In War, Mary Ellen O'Connell
Journal Articles
Introductory Statement
Belief in war dominates our world. From Ukraine to Sudan to America’s ‘war on terror’, extraordinary resources are poured into militaries and arms races. The explanation for why belief in war has become prominent in foreign and security policy in Russia, the United States., China, NATO states and many other places is linked to the influence of Realist political theory. Pope St. John XXIII’s encyclical Pacem in Terris argued for honoring the alternatives to Realism – international law and institutions. It is time for an encyclical that responds directly to Realism and teaches belief in the authentic natural …
Letter From The Editor, Barrett Cole
Letter From The Editor, Barrett Cole
Notre Dame Journal of International & Comparative Law
No abstract provided.
Volume 14 Masthead, Notre Dame Journal Of Int'l & Comparative Law Volume 14
Volume 14 Masthead, Notre Dame Journal Of Int'l & Comparative Law Volume 14
Notre Dame Journal of International & Comparative Law
No abstract provided.
Democracy And “Elite” Education: Lessons From Another Corner Of The World, J. Mark Ramseyer, Yoshitaka Fukui
Democracy And “Elite” Education: Lessons From Another Corner Of The World, J. Mark Ramseyer, Yoshitaka Fukui
Notre Dame Journal of International & Comparative Law
No abstract provided.
The Legal Origins Of Russian Membership In The Council Of Europe And The Seeds Of Russia's Expulsion, Jeffrey Kahn
The Legal Origins Of Russian Membership In The Council Of Europe And The Seeds Of Russia's Expulsion, Jeffrey Kahn
Notre Dame Journal of International & Comparative Law
No abstract provided.
Volume 14, Issue 1 - Full Issue, Notre Dame Journal Of Int'l & Comparative Law Volume 14
Volume 14, Issue 1 - Full Issue, Notre Dame Journal Of Int'l & Comparative Law Volume 14
Notre Dame Journal of International & Comparative Law
No abstract provided.
Walking The Red Carpet: Hollywood And Censorship In China, Sheryl Soundar
Walking The Red Carpet: Hollywood And Censorship In China, Sheryl Soundar
Notre Dame Journal of International & Comparative Law
No abstract provided.
The 2022 Fifa World Cup As A Catalyst For Labor Standards Of Sport Professionals? A New Institutional Theory Perspective, Ilias Bantekas, Marko Begović
The 2022 Fifa World Cup As A Catalyst For Labor Standards Of Sport Professionals? A New Institutional Theory Perspective, Ilias Bantekas, Marko Begović
Notre Dame Journal of International & Comparative Law
No abstract provided.
The Conferred Jurisdiction Of The International Criminal Court, Leila Nadya Sadat
The Conferred Jurisdiction Of The International Criminal Court, Leila Nadya Sadat
Notre Dame Law Review
After twenty years of operation, we know that the International Criminal Court (ICC) works in practice. But does it work in theory? A debate rages regarding the proper conceptualization of the Court’s jurisdiction. Some have argued that the ICC’s jurisdiction is little more than a delegation by states of a subset of their own criminal jurisdiction. They contend that when states ratify the Rome Statute, they transfer some of their own prescriptive or adjudicative criminal jurisdiction to the Court, meaning that the Court cannot do more than the state itself could have done. Moreover, they argue that these constraints are …
The Lessons Of 9/11 For October 7, Mary Ellen O'Connell
The Lessons Of 9/11 For October 7, Mary Ellen O'Connell
NDLS in the News
October 7 is being called Israel’s 9/11. The comparison is apt for the lessons that can be learned as to the legality of launching a ground offensive to respond to terrorism.
The Human Rights Remedy Gap In Isds – The Potential Of The Hague Rules On Business And Human Rights Arbitration, Diane A. Desierto, Anne Van Aaken, Steven Ratner, Giorgia Sangiuolo, Martijn Scheltema, Katerina Yiannibas
The Human Rights Remedy Gap In Isds – The Potential Of The Hague Rules On Business And Human Rights Arbitration, Diane A. Desierto, Anne Van Aaken, Steven Ratner, Giorgia Sangiuolo, Martijn Scheltema, Katerina Yiannibas
Faculty Lectures and Presentations
The tensions between the protection of human rights and States’ obligations towards foreign investors has been the subject of extensive debates among States, civil society actors, business, and international organizations. The Hague Rules on Business and Human Rights Arbitration represent a recent effort to provide an avenue for resolving claims concerning human rights violations connected to business activities, including investment. These Rules may be linked to or incorporated in national investment laws, state contracts, or International Investment Agreements (IIAs). The Hague Rules aim to fill a currently existing gap in (access to) remedies for rightsholders and help both investors and …
Volume 13 Masthead, Journal Of International And Comparative Law, Notre Dame Law School
Volume 13 Masthead, Journal Of International And Comparative Law, Notre Dame Law School
Notre Dame Journal of International & Comparative Law
No abstract provided.
Decolonizing Legal Influence: China's Role In The Changing Landscape Of The Ethiopian Legal Profession, 2000-2018, Mekonnen Ayano
Decolonizing Legal Influence: China's Role In The Changing Landscape Of The Ethiopian Legal Profession, 2000-2018, Mekonnen Ayano
Notre Dame Journal of International & Comparative Law
Over the last two decades, the legal profession in Ethiopia has changed fundamentally. The government has increased the number of law schools from one in 1993 to more than three dozen by 2021. It has introduced strict licensure rules to formalize and regulate legal services and, more recently, in 2022, it has proclaimed the creation of law firms and an independent bar association. The market for legal services has expanded, allowing lawyers to reach out to clients in the country’s peripheries and move onward to attract global clients. These changes are inextricably tied to global currents that have diffused Anglo-American …