Law Commons^™

24-1, 2022 Masthead

San Diego International Law Journal

No abstract provided.

End Crime With Harm? Castration For Sexual Offenders In Hong Kong, Max Hua Chen

San Diego International Law Journal

The issue of post-conviction treatment of sex offenders has been the subject of debate and changes to State legislation, particularly in respect of paedophile offences. One such treatment method is through chemical or physical castration on either a mandatory or a voluntary basis. In this regard, some States have implemented these measures for certain paedophile offences. Hong Kong (HK) has no such laws in place. Researchers such as William Winslade and his colleagues highlighted that whilst paedophilia may not be a stringently defined condition, it is one which involves a “reinforcing [pattern] of sexual behaviors,” with the result that sexual …

Long Live Joint Criminal Enterprise: With A Particular Reference To Tadić’S Interactive Construction Between “The Beast” And Specific Direction, Miguel Ângelo Loureiro Manero De Lemos

San Diego International Law Journal

The idea that Joint Criminal Enterprise, in particular its extended version, contravenes fundamental principles of criminal law has gained track. Thus, not only did the International Criminal Court distance itself from the construct but, today, the widely held view is that the extended version should be discarded, not least because it is not grounded in customary international law. This Article challenges that view. While addressing scholarly criticism towards Joint Criminal Enterprise, and demonstrating why the “beast” is a solid construction, it argues that prosecutors and judges must look past the written provisions of the Statute of the International Criminal Court …

‘I Will Control Your Mind’: The International Regulation Of Brain-Hacking, Thibault Moulin

San Diego International Law Journal

In the near future, the use of neurotechnologies—like brain-computer interfaces and brain stimulation—could become widespread. It will not only be used to help persons with disabilities or illness, but also by members of the armed forces and in everyday life (e.g., for entertainment and gaming). However, recent studies suggested that it is possible to hack into neural devices to obtain information, inflict pain, induce mood change, or influence movements. This Article anticipates three scenarios which may be challenging in the future—i.e., brain hacking for the purpose of reading thoughts, remotely controlling someone, and inflicting pain or death—and assesses their compliance …

K-Pop’S Secret Weapon: South Korea’S Criminal Defamation Laws, Rebecca Xu

San Diego International Law Journal

South Korea’s criminal defamation laws have long been considered an intrusion on the free speech rights of citizens, especially in regard to the usage by politicians against their opponents and journalists to suppress criticisms. This Comment considers the history and effects of these controversial defamation laws through the lens of recent scandals within the Korean entertainment industry, where regular citizens accusing Korean celebrities of past school violence are confronted with threats of defamation charges. To highlight the controversial nature of such laws, comparisons will be drawn between South Korea and other countries to highlight the restrictive nature of Korea’s laws.

A Path Forward To #Niunamenos Based On An Intersectional Analysis Of Laws Criminalizing Femicide/Feminicide In Latin America, Melissa Padilla

San Diego International Law Journal

Since 2007, eighteen Latin American countries have enacted laws that criminalize femicide/‌feminicide in an effort to address gender-based murders in the region and to uphold their obligations under international human rights law. However, the COVID-19 pandemic and its systemic lingering effects exacerbated the existent dangerous levels of gender-based violence in the region, resulting in an increase in gender-based murders. To address these murders, between 2020 and 2021, a quarter of the eighteen Latin American countries that criminalized femicide/‌feminicide have implemented or are in the process of implementing reforms to their laws criminalizing femicide/‌feminicide. Given this new trend to address the …

Deportations For Drug Convictions In The United States And The European Union: Creating A More Compassionate Approach Toward Drug Convictions In The Immigration Law, Megan Smith

San Diego International Law Journal

This Comment begins by examining and comparing the legal framework for deportation and other immigration consequences for convictions of drug offenses in the United States, the European Union, and the United Kingdom. This Comment then looks at the harsh effects of current immigration policy on individuals and marginalized communities. Finally, this Comment argues that immigration law should be reformed to adopt a more humanitarian approach toward non-citizens convicted of drug offenses. Deportation and other harsh immigration consequences for drug offenses levy disproportionately severe punishments toward vulnerable minority immigrant communities, exposing them to consequences much harsher than non-immigrants would face for …

23-2, 2022 Masthead

San Diego International Law Journal

No abstract provided.

How The U.S. Can Make Subject Matter Eligibility More Predictable And Free Artificial Intelligence Innovation, Kelley Sheehan

San Diego International Law Journal

This Article will begin by exploring the abilities of current A.I. technology, the effects of current law on innovation in the A.I. industry across different countries, how countries have dealt with the increasing applications in the field, the important applications of A.I., and how more predictable patentability might be achieved based on goals for the U.S. industry and modeling other countries.

A discussion of patent law treatment of A.I. in the U.S., China, and Japan sets the stage for how each country has adapted to attempt to address this growing industry. From there, solutions and suggestions will be made on …

Ireland’S Case Of Diminishing Returns: How Ireland’S Corporate Tax Policy Fails To Serve The Irish People And Their Democracy, Ronan Nelson

San Diego International Law Journal

This Comment starts by providing a historical overview of Irish corporate tax policy and the significant role it played in bringing the country up to economic strength with other economies in Western Europe. Then, it explains the current state of Ireland’s corporate tax code and explores influential legislation in the European Union and the United States governing their respective approaches to tax competition and tax harmonization. This is done to more clearly juxtapose the Irish government’s outdated, yet continuing maintenance of the country’s tax haven status with changes in international tax enforcement and corporate tax policy that further diminish the …

Comparing Social Media Content Regulation In The Us And The Eu: How The Us Can Move Forward With Section 230 To Bolster Social Media Users’ Freedom Of Expression, Trent Scheurman

San Diego International Law Journal

This Article will compare 47 U.S.C. § 230 (“Section 230”), the United States law governing civil claims that prevent social media companies from being treated like the publishers of their own users’ posts and the companies’ abilities to remove user posts, with the European Union’s (“EU”) equivalent governing law, the E-commerce Directive. The E-Commerce Directive will be used as an example of a governmental regulation that better prevents viewpoint discrimination, but at the cost of a lower standard of user expression. A lower standard of user expression means diminished rights in exercising free speech, as exemplified by the EU outlawing …

International Law, Corruption And The Rights Of Children In Africa, John Mukum Mbaku

San Diego International Law Journal

In adopting the African Charter on the Rights and Welfare of the Child (“African Child Charter”) on July 1, 1990, Africans, through the Organization of African Unity, officially recognized the need to guarantee the fundamental rights of all children. They also imposed obligations on all African States to recognize the rights, freedoms and duties enshrined in the African Child Charter and required States to take all necessary measures to give effect to these rights. To aid in the realization of these rights, each African State was expected to domesticate the African Child Charter and create rights that are justiciable in …

23-1, 2022 Masthead

San Diego International Law Journal

No abstract provided.

The Corporate-Consumer Power Dynamic Operating Behind The International Intellectual Property Regime: An Intractable Development Model With Uneven Results, Jefferson T. Stamp

San Diego International Law Journal

The corporate-consumer power dynamic operating behind the international intellectual property regime has created a development model that perpetuates the hegemonic power of corporate elites and their governmental agents at the expense of developing nations. The inequity of the regime seems to be rooted in the paradoxical delegation of exclusive intellectual property rights to private corporate interests who dispense knowledge as a global public good. However, the inequality actually begins with the inception of knowledge itself and is the consequence of natural exclusivity over one’s own thoughts and creations, including how those ideas are conveyed to the public sphere. The freedom …

Developing Judicial Dialogue Between Eu Courts: The Role Of Eu Banking Legislation, Filippo Annunziata

San Diego International Law Journal

In the EU legal system, the relationship between European and National law has always been a fruitful and challenging terrain for discussion and analysis. The expression “judicial dialogue” usually refers to different channels, both formal and informal. These channels are in place in the interchange between European Courts, including, most importantly, Constitutional Courts and the Court of Justice of the European Union. While the scholarly debate on judicial dialogue in the EU context is by now quite extensive, new, interesting strands are recently developing in the specific context of EU Banking and Financial Legislation. Going beyond technicalities of EU Banking …

The Current State Of Gene Doping And The Future Of Gene Therapy Regulations, Sean Costa

San Diego International Law Journal

Genome editing, also referred to as “gene editing” or “gene therapy,” is no longer a theoretical eventuality of scientific progression; it is a reality of modern life. One of the numerous groups affected by this technology is athletes as “gene doping” becomes a more viable option to improve athletic performance each year. Some international agencies have begun to address the issues presented by gene doping, but there is no comprehensive international framework or regulations on the proper standards of use or punishment for those who abuse this new technology. International agencies must work together to establish regulations for human genome …

These Kids Need Lawyers: Why And How The United States Must Provide The Right To Appointed Counsel For Detained Unaccompanied Children, Adrielli Ferrer

San Diego International Law Journal

Children throughout the world are fleeing home situations of violence and seeking safety in the United States. Some children begin their migration with their families, only to find that some family members do not survive the journey, while others are separated by the United States government upon arrival. Some children are so driven by fear and desperation that they flee without family at all. Alone in the United States, unaccompanied children are a hyper vulnerable population. Exacerbating matters, upon encountering law enforcement, they are locked and contained within “secure facilities,” or detention centers. What can be done to aid detained …

Facial Recognition Technology And Privacy: Race And Gender - How To Ensure The Right To Privacy Is Protected, Lindsey Jacques

San Diego International Law Journal

This Article specifically focuses on the use of FRT by the five permanent members of the United Nations (“UN”) Security Council which are China, France, the Russian Federation, the United Kingdom, and the United States (the five nations). As permanent members of the Security Council, these five nations are tasked with maintaining international security under the UN Charter.

National leaders in these countries are forced to face the question of whether the national security mitigating benefits of FRT outweigh the privacy and equity concerns the technology imposes for populations often considered the most vulnerable. This Article proposes solutions to this …