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- Adoption; Adoption Law; Domestic adoption; Domestic adoption law; Interstate Compact on the Placement of Children; Reform; Legal history; Legal system; Family Law; European Union; EU; France; Germany; Italy; Economics; Enforcement (1)
- Afghanistan; 2004 Constitution; Constitution-Making; Public Participation; Post-conflict States; Participatory Constitutional Design; The Right to Take Part in Constitution-writing; Democracy (1)
- Aiming at the Abolition of the Death Penalty; African Charter on the Rights and Welfare of the Child; African Charter on Human and Peoples’ Rights (Banjul Charter); Organization of African Unity (OAU); African Union (AU); UN Convention on the Rights of the Child; Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol); Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW); freedom (1)
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Articles 1 - 7 of 7
Full-Text Articles in Law
Background Noise: Lessons About Media Influence, Mitigation Measures, And Mens Rea From Argentine And Us Criminal Cases, Agustina Mitre, Matthew P. Cavedon
Background Noise: Lessons About Media Influence, Mitigation Measures, And Mens Rea From Argentine And Us Criminal Cases, Agustina Mitre, Matthew P. Cavedon
Brooklyn Journal of International Law
This Article reflects on the influence that intense media coverage can have on high-profile criminal cases and considers ways to reconcile defendants’ right to a fair trial with press freedom, comparing approaches and cases from Argentina and the US. The Article begins by discussing the tension between journalists’ and defendants’ rights (Part I). It then surveys how the US seeks to mitigate media influence (Part II). After this, it notes two recent Argentine mitigation measures (Part III). Next, it conducts a legal analysis of the Fernando Báez Sosa case, blaming media pressure for errors in the judgment and then proposing …
Public Participation In The Constitution-Making Process: The Afghan Experiment, Shamshad Pasarlay
Public Participation In The Constitution-Making Process: The Afghan Experiment, Shamshad Pasarlay
Brooklyn Journal of International Law
This Article explores the public participation process conducted during the drafting of Afghanistan’s 2004 Constitution. It examines scores of questionnaires, public comments, written submissions and minutes of town hall meetings that the framers used to gather public opinion and input. The Article highlights that the makers of the 2004 Constitution of Afghanistan designed and implemented an extensive public participation process, but public opinion did not have a real impact on constitutional outcomes. Instead, the content of the constitution was settled by the political elites whose agreement was needed for constitutional ratification. Drawing on this case study, the paper suggests that …
How (Not) To Deal With The Bubble Effect In Cyberspace: The Case Of The Eu And Digital Services Act, João Tornada
How (Not) To Deal With The Bubble Effect In Cyberspace: The Case Of The Eu And Digital Services Act, João Tornada
Brooklyn Journal of International Law
Deliberative democracies are based on an ideal process of speech and dialogue that fosters an “uninhibited, robust, and wide-open” public discourse sphere. In cyberspace, social networks and search engine platforms largely operate with recommender systems that tailor content according to the users' interests and online behavior (“profiling”), thus segregating them from different points of view (“bubble effect”). While this personalization of content is particularly efficient to promote commercial goods and services, when it comes to information of common interest, especially on political matters, it undermines consensus-building dialogue and threatens democratic ideals. The theory of a free “marketplace of ideas” justifies …
Whom Is Corporate Esg Integration For?, Ryan Brennan
Whom Is Corporate Esg Integration For?, Ryan Brennan
Brooklyn Journal of International Law
Notions of corporate social responsibility (CSR) and more recently, environmental, social, and governance (ESG) have found their way into the boardrooms of the world’s largest corporations. The prominence of this trend has revived the timeless debate over the true function of for-profit business. Traditional theory calls for a corporation to maximize shareholder’s profits—a view known as “shareholder primacy.” A competing contemporary school of thought finds that corporate purpose naturally extends beyond generating return on the investment of a given shareholder to reflect social objectives and the many dependent constituents of a business. As it stands, US corporate law tracks the …
Rise Of The Machines: The Future Of Intellectual Property Rights In The Age Of Artificial Intelligence, Sofia Vescovo
Rise Of The Machines: The Future Of Intellectual Property Rights In The Age Of Artificial Intelligence, Sofia Vescovo
Brooklyn Law Review
Artificial intelligence (AI) is not new to generating outputs considered suitable for intellectual property (IP) protection. However, recent technological advancements have made it possible for AI to transform from a mere tool used to assist in developing IP to the mind behind novel artistic works and inventions. One particular AI, DABUS, has done just so. Yet, while technology has advanced, IP law has not. This note sets out to provide a solution to the legal concerns raised by AI in IP law, specifically in the context of AI authorship and inventorship. The DABUS test case offers a model framework for …
Battling Baby Brokers: A Comparative Analysis Of The United States’ Versus Europe’S Adoption Policies, Amanda P. Gonzales
Battling Baby Brokers: A Comparative Analysis Of The United States’ Versus Europe’S Adoption Policies, Amanda P. Gonzales
Brooklyn Journal of International Law
Child adoption involves the permanent transfer of parental rights from a child’s biological or legal parents to another party. Parties in the Unites States (US) have engaged in this process in various forms for centuries. Today, over one hundred thousand children are adopted by American families each year. Many of these adoptions take place privately through agencies. An agency assists in the process of matching prospective adoptive parents with birth parents from whom they will adopt a child. In exchange for this assistance, the prospective adoptive parents pay tens of thousands of dollars in fees and expenses to the agency …
African Courts And International Human Rights Law, John Mukum Mbaku
African Courts And International Human Rights Law, John Mukum Mbaku
Brooklyn Journal of International Law
The UN General Assembly adopted the Universal Declaration of Human Rights in 1948 and since then, the international community, with the help of the United Nations, has adopted other international human rights instruments designed to recognize and protect human rights. Since international human rights instruments do not automatically confer rights that are justiciable in domestic courts, each African country must domesticate these instruments in order to create rights that are justiciable in its domestic courts. Given the fact that many African countries have not yet domesticated the core international human rights instruments, international human rights law’s ability to positively impact …