Law Commons^™

Theorizing Responsibility In The Investor State Dispute Resolution System, Kristen Boon

St. John's Law Review

(Excerpt)

The Investor-State Dispute System (“ISDS”) permits investors to sue states when their investments are injured. The system was designed to protect investors and impose responsibilities on states; it is uncontroversial to say that the ISDS system is one-sided. But a chorus of voices is now asking: should investors have responsibilities too? The narrative is one of injustice, driven by the perception that states have signed on to a system that has left them with large financial exposure to investors. This viewpoint has been reinforced, in the eyes of some, by the influence of big business, and by state losses …

Still On Patrol: An Argument For Greater Protections For Sunken American State Vessels In International And Foreign Coastal Waters, Sarah Elizabeth Catterson

St. John's Law Review

(Excerpt)

Quint, the surly captain from Steven Spielberg’s Jaws, is perhaps most famous for his soliloquy recounting the Indianapolis tragedy. The Indy, as she was called, sunk just under fifteen minutes after being hit by Japanese torpedoes in 1945 following her delivery of the components for the Hiroshima atomic bomb to the Pacific island of Tinian. It took the Navy five days to realize she was missing, by which point 600 of the 800 survivors had died from exposure or shark attacks. The Indy remained missing until she was found seventy-two years later by the Petrel, a …

The Unstoppable Spread Of English In The Global University, Rosemary C. Salomone

Faculty Publications

As English has spread across higher education worldwide, it has generated ongoing debate and a wealth of scholarship raising academic and national concerns, but with little, if any, pause or retreat on policies and practices. This article examines that puzzling disconnect within the broader framework of the rise of English as the dominant lingua franca, its historical grounding, its social and economic implications, and its diverse course within Europe and postcolonial countries.

An Immigration Innovation: A Comparative Analysis Of The American Diversity Visa Lottery Program And The Canadian Points-Based System, Jennifer Hopkins

St. John's Law Review

(Excerpt)

United States immigration policy has historically been a strategy for national growth. Congress passed the Immigration Act of 1990 to stimulate further growth by increasing immigration opportunities. This substantial immigration reform created the Diversity Visa (“DV”) lottery program, which administers 50,000 lawful permanent residence visas annually. These visas are drawn randomly from a pool of applicants from countries with low rates of immigration to the United States.

Donald J. Trump pushed for major immigration reform beginning on his first day in office, including the repeal of the DV program and the development of a points-based system modeling the current …

Human Rights Reporting As Human Rights Governance, Margaret E. Mcguiness

Faculty Publications

Contrary to the view that the rejection of human rights treaty membership has left the United States outside the formal international human rights system, the United States has played a key role in international human rights governance through congressionally mandated human rights monitoring and reporting. Since the mid-1970s, congressional oversight of human rights diplomacy, which requires reporting on global human rights practices, has integrated international human rights law and norms into the execution of U.S. foreign policy. While the congressional human rights mandates have drifted from their original purpose to condition allocation of foreign aid, they have effectively embedded international …

Nebulous Law: Using Soft Law To Give Structure To The Amorphous Rpo Industry, Kylie Mclaughlin

St. John's Law Review

(Excerpt)

Imagine looking down at your smartphone and realizing that you cannot make phone calls or access the internet. A communications satellite enabling these functions on your cellphone has just been struck by a piece of uncontrolled space debris. Now, imagine being in the aftermath of a natural disaster, and search and rescue teams do not know you and your family are missing or in distress. A satellite within the International Satellite System for Search and Rescue has just run out of fuel. Finally, imagine trains, planes, and ships remaining in their stations, gates, and ports because each has lost …

A Global System Of Work, A Global System Of Regulation?: Crowdwork And Conflicts Of Law, Miriam A. Cherry

Faculty Publications

(Excerpt)

The on-demand economy has truly gone global. Consider online platform TaskRabbit, a U.S.-based site for odd jobs. A high number of TaskRabbit’s users were seeking help with the construction of furniture they purchased at IKEA, and skilled carpenters started using the platform to find customers. Corporate management at Swedish company IKEA noticed the trend, and as a result acquired TaskRabbit in 2017. As a result, a Swedish company now owns a platform labor service in the United States and Britain, with plans to expand the TaskRabbit platform to twenty-seven more countries where IKEA currently owns brick and mortar stores. …

Congressional Enforcement Of International Human Rights, Margaret E. Mcguiness

Faculty Publications

(Excerpt)

On October 2, 2018, Jamal Khashoggi, a Saudi journalist based in the United States, walked into the Saudi consulate in Istanbul, Turkey, where he was brutally murdered and dismembered by Saudi government agents. It was a brazen violation of the most fundamental, internationally recognized human rights, carried out by one close US ally in the territory of another close ally. The US intelligence community quickly determined that the Saudi government and its Crown Prince, Mohammed Bin Salman, were responsible for the killing. Members of Congress briefed by the intelligence community accepted that conclusion, and on October 10, 2018, a …

Misappropriation-Based Trademark Liability In Comparative Perspective, Jeremy N. Sheff

Faculty Publications

(Excerpt)

The anti-misappropriation principle, at its core, is that it is wrongful and therefore actionable for a competitor to gain a commercial advantage from the efforts of another, even if that advantage does not directly harm the person whose efforts have been misappropriated. This principle appears to be a deep theoretical commitment of modern intellectual property law. And nowhere in intellectual property law is the anti-misappropriation impulse more directly implicated than in the context of conspicuous consumption.

As I have written about elsewhere, modern consumers engage in conspicuous consumption of branded goods to signal social affiliation and identity, and to …

Ethical Quandaries: The Holocaust Expropriated Art Recovery Act And Claims For Works In Public Museums, Charles Cronin

St. John's Law Review

(Excerpt)

The unusual circumstances surrounding the recent return of the Geldorp portrait to a public museum gives rise to the issue this Article covers: whether the status of claimants and defendants in Holocaust-era art claims as public entities or private citizens implicates ethical issues that should bear on the disposition of these cases, and if so, to what extent.

Part I considers the origins of these claims during WWII, and the temporal legal obstacles they may encounter many years after the events that engendered them. Part II discusses the recently enacted Holocaust Expropriated Art Recovery Act of 2016 (“HEAR”), which …

Cost-Benefit Analysis And Human Rights, William J. Aceves

St. John's Law Review

(Excerpt)

This Article considers whether cost-benefit analysis can provide the human rights movement with the answers it seeks. It offers an instrumentalist and empirical approach to complement the normative arguments that are most often used by the human rights movement. If human rights could be fully monetized, states could consider the full range of benefits that arise from protecting rights and the costs that occur when rights are violated. This approach could provide states with a more accurate methodology for making decisions that affect human rights. In fact, protecting human rights may prove to be costeffective, particularly when second order …

Human Rights Movements In The Middle East: Global Norms And Regional Particularities, Catherine Baylin Duryea

Faculty Publications

(Excerpt)

The Middle East is often portrayed as an outlier when it comes to human rights, but rights are an important part of the political, diplomatic, and social fabric of the region. This chapter summarises regional trends in human rights advocacy at both the international and domestic levels. Popular movements for independence, equality for women, and protections for workers have deep roots in the region. When the United Nations began to enshrine these values into law after World War II, representatives from the Middle East were at the centre of the debates. In the following two decades, human rights largely …

Extraterritorial Human Trafficking Prosecutions: Eliminating Zones Of Impunity Within The Limits Of International Law And Due Process, Caroline A. Fish

St. John's Law Review

(Excerpt)

This Note argues that the Baston court was incorrect both in finding the Amendment consistent with the protective principle and in its analysis of the defendant’s nexus with the United States. This Note asserts, instead, that (1) the Amendment is not valid under any traditional bases of prescriptive jurisdiction but is consistent with the United States’ international obligations to “extradite or prosecute,” and (2) the Amendment may be applied under the international anti-trafficking conventions to foreign defendants present in the United States, regardless of nexus, without violating due process.

Part I of this Note describes the complex nature of …

The Missing American Jury: Restoring The Fundamental Constitutional Role Of The Criminal, Civil, And Grand Juries, Anna Roberts

Faculty Publications

(Excerpt)

This is a bold book. Professor Thomas urges that the jury—criminal, civil, and grand—be recognized as a fourth “branch” (p. 5). She asserts that procedures that have contributed to the reduction of the jury’s power—including summary judgment and state prosecution without grand juries—are unconstitutional. And, as a Plan B if her constitutional arguments do not prevail, she proposes big changes that include informing juries about sentence exposure, presenting juries with any charges that were offered in plea bargaining, and requiring that juries justify their verdicts.

U.S. And Anglo-Australian Decisions On A Husband's Right To Prevent Abortion, J. Kodowo Bentil

The Catholic Lawyer

No abstract provided.

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 …

Nuclear Weapons And Crimes Against Humanity Under International Law, John Kuhn Bleimaier

The Catholic Lawyer

No abstract provided.

New Constitutional And Penal Theory In Spanish Abortion Law, Richard Smith

The Catholic Lawyer

No abstract provided.

Canadian Abortion Law, Raymond Michael Ferri, Terese Ferri

The Catholic Lawyer

No abstract provided.

Pale And Wan, Comatose Maybe, But Not Dead: A Response To Bleimaier, Sanford R. Silverburg

The Catholic Lawyer

No abstract provided.

The New International Economic Order And Christian Charity, Lilia R. Bautista

The Catholic Lawyer

No abstract provided.

The New International Economic Order: Christian Principles Between Developed And Developing Countries, Carolyn J. Slasinski

The Catholic Lawyer

No abstract provided.

On The Prevention Of Violence, Robert A. Friedlander

The Catholic Lawyer

No abstract provided.

The Doctrine Of Comity In Private International Law, John Kuhn Bleimaier

The Catholic Lawyer

No abstract provided.

The Demise Of Public International Law, John Kuhn Bleimaier

The Catholic Lawyer

No abstract provided.

Multinational Corporations, Miriam Theresa Rooney

The Catholic Lawyer

No abstract provided.

The Functions Of Law In International Society, Miriam Theresa Rooney

The Catholic Lawyer

No abstract provided.

The International Narcotics Control System: A Proposal, M. C. Bassiouni

The Catholic Lawyer

No abstract provided.

Introduction, Mark L. Movsesian

Journal of Catholic Legal Studies

No abstract provided.