Law Commons^™

Editor's Note, Kimberly Reynolds, Ryan Schmidt

Sustainable Development Law & Policy

No abstract provided.

Can The Eu Carbon Tax The U.S. In Retaliation?, Annum Rashedi

Sustainable Development Law & Policy

No abstract provided.

Regional Disputes: It Is Not Just Ground Beef, Nicholas W. Laneville

Sustainable Development Law & Policy

No abstract provided.

Fighting The Wrong Fight: Why The Mlp Parity Act Is A Misguided Attempt At Achieving Renewable Energy Capital Raising Parity, David Powers

Sustainable Development Law & Policy

No abstract provided.

The Paris Agreement And The International Trade Regime: Considerations For Harmonization, Charles E. Di Leva, Xiaoxin Shi

Sustainable Development Law & Policy

No abstract provided.

Never For-Gatt: What Recent Tbt Decisions Reveal About The Appellate Body’S Analysis Of Environmental Regulation Under The Wto Agreements, Ravi Soopramanien

Sustainable Development Law & Policy

Few environmentalists have positive things to say on the impact of the World Trade Organization (WTO) on the environment. WTO legal obligations are frequently cited as the most significant impediment to a range of environmental initiatives, including notably meaningful international coordination to combat climate change, particularly through carbon tax initiatives, and imposition of electronic waste disposal export bans. In this vein, adverse findings of WTO dispute panels on environmental conservation measures tend to attract the ire of international civil society. The tensions between liberal trade and environmental protection can be traced back to the days of the General Agreement on …

About Sdlp

Sustainable Development Law & Policy

No abstract provided.

Editor's Note, Ryan Schmidt, Kimberly Reynolds

Sustainable Development Law & Policy

No abstract provided.

The Law Of The Seas: A Barrier To Implementation Of Sustainable Development Goal 14, Alexi Nathan

Sustainable Development Law & Policy

No abstract provided.

The Key To Engaging With The Sdgs: Utilizing Rio Principle 10 To Succeessfully Implement The U.N. Sustainable Development Goals, Taís Ludwig

Sustainable Development Law & Policy

No abstract provided.

Lofty Goals In Dire Times: South Sudan's Obstacles To Achieving The New Sdgs, Harjot Dhillon

Sustainable Development Law & Policy

No abstract provided.

Developing An International Carbon Tax Regime, Steven Specht

Sustainable Development Law & Policy

No abstract provided.

A North-South Struggle: Political And Economic Obstacles To Sustainable Development, Imrana Iqbal, Charles Pierson

Sustainable Development Law & Policy

No abstract provided.

Lodging The Sustainable Development Goals In The International Trade Regime: From Trade Rhetoric To Trade Plethoric, Nasser Alreshaid

Sustainable Development Law & Policy

No abstract provided.

About Sdlp

Sustainable Development Law & Policy

No abstract provided.

Editor's Note, Caitlin Buchanan

Sustainable Development Law & Policy

No abstract provided.

Boumediene V. Bush: Flashpoint In The Ongoing Struggle To Determine The Rights Of Guantanamo Detainees, Michael J. Anderson

Maine Law Review

Following the harrowing events of September 11, 2001, and pursuant to the Authorization for Use of Military Force (AUMF) passed soon thereafter by Congress, the United States Armed Forces began capturing and detaining individuals at the Naval Air Base in Guantanamo Bay, Cuba. The choice of where to house these detainees was not random. Internal memoranda from the Justice Department reveal that the Naval Base was selected as a means of avoiding any legal entanglements that might ensue from such imprisonment. What resulted was what some commentators have called a “legal black hole” at Guantanamo, a place where any individual …

African Lawyers Harness Human Rights To Face Down Global Poverty, Lucie E. White

Maine Law Review

This is an exciting time in Africa. Yes, of course it is true that the rise of fundamentalist political movements, armed conflict, epidemic diseases, and extreme poverty will challenge the continent for decades to come. I don’t need to tell you that. Yet at the same time, we are witness to what many call an “African Renaissance.” In many domains, including the arts, civil society, social provision, and democratic governance, African nations are beginning to take their place in a newly configured globe. One of these domains of energy, innovation, and hope is a new human rights movement. This movement …

Refugees And Internally Displaced: A Challenge To Nation-Building, Rebecca M.M. Wallace, Diego Quiroz

Maine Law Review

Recent statistics published by the United Nations High Commissioner for Refugees (UNHCR) indicate that there are at least 32.9 million people who are “persons of concern to UNHCR.” This growing population includes “refugees, returnees, [and] stateless and internally displaced persons (IDPs).” Furthermore, it is estimated that there are some “[thirty] states in the world . . . that are at some stage or another along the road to possible failure.” These are weak states beset by invasion, civil war, ethnic rivalry and tribal warfare, or struggling in the wake of any of these catastrophes. Given that 2006 saw a fifty-six …

Parameters Of Child Protective Services In The Commercial Sexual Exploitation Of Minors, Taliah Ahdut

Seattle University Law Review

The purpose of this Note is to critique the current paradigm in place for resolving the sex trafficking of youth in Washington and compare it to the current model utilized in Minnesota. The Minnesota model should be used to provide a framework for Washington to revise its current model because Washington’s current model allows for sexually exploited youth to be funneled in and out of the criminal justice system, limiting the chances for trafficked victims to reach out to members of the community for assistance. These changes could ultimately increase the opportunities for trafficked youth and position them in the …

Examining The Board Of Immigration Appeals' Social Visibility Requirement For Victims Of Gang Violence Seeking Asylum, Elyse B. Wilkinson

Maine Law Review

Since the late 1990s, Latin America has been plagued by gang violence. The increasingly organized and progressively larger gangs are known as the Mara Salvatrucha 13 (MS-13) and the 18th Street Gang (collectively referred to as the “Mara” in this Comment). These gangs are ubiquitous within certain Latin American countries and pose a serious threat to the economic and social stability of the region. The targets of the Mara are mostly youth between the ages of fifteen and eighteen (but as young as eight), women, and those who decry the gang's violence. Resistance to the Mara has resulted in death …

Comparative Perspectives On Specialized Trials For Terrorism, Sudha Setty

Maine Law Review

President Obama has made clear that the United States must grapple with questions of how to detain and try potentially dangerous terrorism suspects in a manner that maximizes national security while adhering to the rule of law. Yet the United States faces a serious quandary in terms of how to prosecute suspects who have been detained at Guantanamo Bay, Cuba, that puts at risk the reputation of the United States justice system and its adherence to rule of law. The question of what trial system to use for suspected terrorists requires an historical interrogation of how and to what effect …

Unpacking The Deterrent Effect Of The International Criminal Court: Lessons From Kenya, Yvonne M. Dutton, Tessa Alleblas

St. John's Law Review

(Excerpt)

This Article proceeds as follows. Part I begins by explaining deterrence theory in more detail. It follows with an overview of the debate surrounding the ability of international criminal tribunals and the ICC to produce a deterrent effect.

In Part II, we advance our argument regarding the need to reframe the debate about the ICC’s potential to deter. We explain the reasons why the ICC’s deterrent effect must be unpacked and, in doing so, we describe several factors that influence whether and under what conditions the ICC should or should not be able to deter. In Part III, we …

How To Read International Criminal Law: Strict Construction And The Rome Statute Of The International Criminal Court, Caroline Davidson

St. John's Law Review

(Excerpt)

The Article proceeds in four parts. Part I introduces the Rome Statute’s provision on nullum crimen sine lege, focusing in particular on its requirements that judges strictly construe crime definitions, construe ambiguous provisions in favor of defendants, and avoid crime creation by analogy. It offers working definitions for relevant concepts and describes some of the difficulties in applying them, particularly in light of the Rome Statute’s provision setting out the sources of law the court is to consider. Part II asks whether strict construction makes sense in the context of international crimes. It assesses the values that undergird the …

Nineteenth Annual Frank M. Coffin Lecture On Law And Public Service: Community, Rights, And Climate: A Challenge To A Clever Species, Jonathan Lash

Maine Law Review

I want to talk to you today about individual rights and community. I have been struck in reading the Judge’s books and recalling working with him how he honored two competing ideas simultaneously: respect for individual liberty, and a deep belief in the power of government to enhance fairness and promote public well-being. As I shall explain, the tension between those ideas has become increasingly important in the debate over how to address global environmental problems.

Consumer Financial Protection And Human Rights, Chrystin Ondersma

Cornell International Law Journal

This summer the Consumer Financial Protection Bureau proposed a rule that would restrict the use of mandatory arbitration clauses in consumer financial credit contracts. With the administration and Congress seemingly eager to pull back on consumer financial regulations, it is crucial to examine the rights at stake. Many financial institutions have agreed to protect and promote human rights, so pressure from consumers, human rights organizations, and consumer protection advocates may succeed even though Congress has declined to promulgate the CFPB’s proposed rule. This Article argues that the existing binding, mandatory arbitration system in consumer credit contracts is inconsistent with human …

Lgbt Rights Are Human Rights: Conditioning Foreign Direct Investments On Domestic Policy Reform, Dara P. Brown

Cornell International Law Journal

No abstract provided.

50 Years Was Too Long To Wait: The Syrian Refugee Crisis Has Highlighted The Need For A Second Optional Protocol To The 1951 Convention Relating To The Status Of Refugees, Yvonne S. Brakel, Rachel E. Kester, Samantha L. Potter

University of Arkansas at Little Rock Law Review

No abstract provided.

Book Review: The Killing Of Death: Denying The Genocide Against The Tutsis, Kee En Chong

Genocide Studies and Prevention: An International Journal

No abstract provided.

Remembering An Abolitionist, Ambassador John R. Miller (May 23, 1938-October 4, 2017), Eleanor Kennelly Gaetan, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

A memorial for Ambassador-at-Large to Monitor and Combat Trafficking in Persons, John R. Miller (May 23, 1938-October 4, 2017). Ambassador Miller believed modern-day slavery, encompassing sex trafficking and forced labor, requires a principled global offensive that the United States is morally obligated to lead. In the four formative years he led the State Department’s Office to Monitor and Combat Trafficking in Persons, 2002 to 2006, John Miller set the office’s course as diplomatically aggressive and programmatically creative. He made the annual Trafficking in Persons report more than a bureaucratic submission, putting daring heroes at the center, and insisting on compelling …