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Articles 1 - 30 of 282
Full-Text Articles in Law
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 …
Constructing The "Lawless Other" In Scotland And The Southern United States, Caroline K. Abbott
Constructing The "Lawless Other" In Scotland And The Southern United States, Caroline K. Abbott
Notre Dame Journal of International & Comparative Law
No abstract provided.
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.
China Informs A 21st Century Definition Of The Rule Of Law, Ashley Topel
China Informs A 21st Century Definition Of The Rule Of Law, Ashley Topel
Notre Dame Journal of International & Comparative Law
Politicians, lawyers, and academics alike have long been fascinated with the rule of law, but this fascination has never immunized them from the challenges of defining just what the rule of law is. Indeed, defining the rule of law by citing an example, such as the United Kingdom or the United States, remains easier than articulating why those nations have the rule of law and how other nations can advance the ideal within their own boundaries. Still, modern scholarship has led to the creation of three alternative theories of the rule of law–formalist, procedural, and substantive conceptions. A formalist theory …
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 …
Rethinking Victim Participation In International Criminal Tribunals, Julia L. Jacovides
Rethinking Victim Participation In International Criminal Tribunals, Julia L. Jacovides
Notre Dame Journal of International & Comparative Law
No abstract provided.
Letter From The Editor, Michael Klein
Letter From The Editor, Michael Klein
Notre Dame Journal of International & Comparative Law
No abstract provided.
Radical Overhaul Of Hong Kong's Governance Regime: Likely Implications For Prosperity And Stability, Roda Mushkat
Radical Overhaul Of Hong Kong's Governance Regime: Likely Implications For Prosperity And Stability, Roda Mushkat
Notre Dame Journal of International & Comparative Law
Constitutional evolution is normally a steady process, with the prevailing equilibrium seldom punctuated. Sharp reversals periodically occur but they are uncommon, usually confined to low-income and lower middle-income countries. The introduction of a draconian national security law and its heavy-handed enforcement in the affluent Hong Kong capitalist enclave, serving as one of the world economy’s pivotal global metropolises, thus amounts to a historically unprecedented emasculation of a sound and well-thought-out governance architecture. The abrupt unraveling of a semi-democratic infrastructure, pulverizing of key components of a time-honored rule-of-law system, and erosion of international legal personality has been breathtaking and profoundly disconcerting. …
More Than A "Drop Of Justice:" How Nazi-Looted Art Cases Promote "Transitional Justice" And Why These Cases Still Matter, Mark I. Labaton
More Than A "Drop Of Justice:" How Nazi-Looted Art Cases Promote "Transitional Justice" And Why These Cases Still Matter, Mark I. Labaton
Notre Dame Journal of International & Comparative Law
When it comes to Nazi looting, the past is not dead.Nor should it be. Even now more than three-quarters of a century after the Holocaust, Nazi-looted art cases still provide direct justice to victimized families while also advancing broader historical redress known as “transitional justice,” which since World War II has become a means to address mass atrocities through criminal trials, civil litigation, truth reconciliation commissions, memorials, and reparations.
Letter From The Editor, Michael Klein
Letter From The Editor, Michael Klein
Notre Dame Journal of International & Comparative Law
No abstract provided.
Why The U.S. Supreme Court Is More Politicized Than Its U.K. Counterpart, Mike Kowalski
Why The U.S. Supreme Court Is More Politicized Than Its U.K. Counterpart, Mike Kowalski
Notre Dame Journal of International & Comparative Law
President Joe Biden’s nomination of then-Judge Ketanji Brown Jackson to the United States Supreme Court (the “Court”) conjured up all too fresh memories of just how politicized the Court, and the candidate selection process, has become. Not long before now-Justice Jackson’s nomination, the recent nomination and confirmation of Justice Amy Coney Barrett to the Court received significant media attention, both within the United States (U.S.) and internationally. On the same day of her swearing-in ceremony, the BBC, a public news organization headquartered in the United Kingdom (U.K.), found it relevant to publish an article describing seemingly mundane features of Justice …
Volume 13 Masthead, Journal Of International & Comparative Law, Notre Dame Law School
Volume 13 Masthead, Journal Of International & Comparative Law, Notre Dame Law School
Notre Dame Journal of International & Comparative Law
No abstract provided.
The Long Term-Failings Of Internally Displaced Person Status: A Case Study Of The Êzidi People, Sarah A. Johns
The Long Term-Failings Of Internally Displaced Person Status: A Case Study Of The Êzidi People, Sarah A. Johns
Notre Dame Journal of International & Comparative Law
Never has the term limbo been so appropriately used in modern history than as applied to the current situation of the Êzidi internally displaced persons (IDPs). As Dante’s first circle of hell, limbo separates its residents from God, leaving them in a state of eternal suffering and sadness. This in-between place is saved for just individuals who did not receive Christ as required in Catholic theology and are now doomed to reside forever in a place of separation from God’s presence. Limbo is a state of punishment that seemingly freezes one’s ability to progress or enjoy future happiness.
Switzerland's "Summary Penalty Order" System: Should A Similar System Be Used For America's Minor Crimes?, Kirk Earl
Notre Dame Journal of International & Comparative Law
Jack Ford did not think he was committing a crime when his girlfriend let him spend the night with her at a house in Baltimore. However, what Ford did not know was that the owner of the house had not given permission for the couple to stay there. Ford was arrested and charged with burglary in the fourth degree, which is a misdemeanor in the state of Maryland. Ford’s attorney believed that Ford would have a strong case at trial because he did not know that he was not allowed in the house, so there was no intent to commit …
Volume 13, Issue 1 - Full Issue, Journal Of International & Comparative Law, Notre Dame Law School
Volume 13, Issue 1 - Full Issue, Journal Of International & Comparative Law, Notre Dame Law School
Notre Dame Journal of International & Comparative Law
No abstract provided.
Volume 13, Issue 2 - Full Issue, Journal Of International & Comparative Law, Notre Dame Law School
Volume 13, Issue 2 - Full Issue, Journal Of International & Comparative Law, Notre Dame Law School
Notre Dame Journal of International & Comparative Law
No abstract provided.
Twenty Years Of Drone Attacks, Mary Ellen O'Connell
Twenty Years Of Drone Attacks, Mary Ellen O'Connell
NDLS in the News
On November 2, 2002, the United States conducted its first targeted killings using a drone. CIA agents based in Djibouti launched the drone’s two Hellfire missiles at a vehicle traveling in rural Yemen, killing six...
Masthead, Journal Of International & Comparative Law, Notre Dame Law School
Masthead, Journal Of International & Comparative Law, Notre Dame Law School
Notre Dame Journal of International & Comparative Law
No abstract provided.
Parliament And The Brexit Process: The Battle For Constitutional Supremacy In The United Kingdom, Stephen Tierney
Parliament And The Brexit Process: The Battle For Constitutional Supremacy In The United Kingdom, Stephen Tierney
Notre Dame Journal of International & Comparative Law
No abstract provided.
Role Reversal: Can Dad Stay Home While Mom Goes To Work? An Analysis Of Maternity And Parental Leave In The United Kingdom And European Union Through Principles And Treaties Of International Human Rights Law, Bridget Rose
Notre Dame Journal of International & Comparative Law
No abstract provided.
The Uk’S Basic Structure Doctrine: Miller Ii And Judicial Power In Comparative Perspective, Erin F. Delaney
The Uk’S Basic Structure Doctrine: Miller Ii And Judicial Power In Comparative Perspective, Erin F. Delaney
Notre Dame Journal of International & Comparative Law
No abstract provided.
The Constitutional Dynamics Of Brexit, Richard Ekins
The Constitutional Dynamics Of Brexit, Richard Ekins
Notre Dame Journal of International & Comparative Law
No abstract provided.
Letter From The Editor, Ijeoma Oti
Letter From The Editor, Ijeoma Oti
Notre Dame Journal of International & Comparative Law
No abstract provided.
The Future Of U.S. Data Privacy: Lessons From The Gdpr And State Legislation, Vanessa Perumal
The Future Of U.S. Data Privacy: Lessons From The Gdpr And State Legislation, Vanessa Perumal
Notre Dame Journal of International & Comparative Law
No abstract provided.
Russia-Ukraine: Resolving The World’S Most Dangerous Conflict, Mary Ellen O'Connell
Russia-Ukraine: Resolving The World’S Most Dangerous Conflict, Mary Ellen O'Connell
NDLS in the News
Since late 2021, Russia has massed around 100,000 troops on the border with Ukraine, raising the specter of another use of force against its neighbor. The Russia-Ukraine crisis began in earnest in February 2014, when Russian troops spread out from their Black Sea naval base to take control of the Crimean Peninsula. Russia put forward a variety of familiar legal justifications at the time—intervention by invitation, humanitarian intervention, restoration of Russian borders, and self-defense. In my analysis, none of these attempts came close to excusing a serious violation of the United Nations Charter Article 2(4) prohibition on the use of …
Letter From The Editor, Ijeoma Oti
Letter From The Editor, Ijeoma Oti
Notre Dame Journal of International & Comparative Law
No abstract provided.
The People's (Republic) Algorithms, Gilad Abiri, Xinyu Huang
The People's (Republic) Algorithms, Gilad Abiri, Xinyu Huang
Notre Dame Journal of International & Comparative Law
No abstract provided.
Bias And Biometrics: Regulating Corporate Responsibility And New Technologies To Protect Rights, Erika R. George
Bias And Biometrics: Regulating Corporate Responsibility And New Technologies To Protect Rights, Erika R. George
Notre Dame Journal of International & Comparative Law
No abstract provided.
Reforming America's Employment-Based Immigration System In A Post-Trump Era, Christian J. Palacios
Reforming America's Employment-Based Immigration System In A Post-Trump Era, Christian J. Palacios
Notre Dame Journal of International & Comparative Law
No abstract provided.