Law Commons^™

A New Exclusionary Rule To Protect Bodily Integrity And Discourage Pretext Stops, Josephine Ross

Seattle University Law Review

The author proposes a novel state-level exclusionary rule to reduce racial profiling and protect bodily autonomy during police encounters. The current Fourth Amendment jurisprudence fails to deter pretextual stops and frisks because the exclusionary rule often turns on officer fault and "good faith," allowing racially motivated practices to go unchecked. As federal rollbacks on diversity and data collection hinder efforts to track racial bias, the author argues for a statutory evidentiary rule that automatically excludes drug evidence found during (1) traffic stops, (2) pat-downs for weapons, and (3) consent searches, regardless of an officer’s intent or the legality of the …

Navahine V. HawaiʻI Dept. Of Transportation: The Keiki Will Lead Us, Catherine Smith

Seattle University Law Review

The author analyzes the landmark case Navahine v. Hawaiʻi Department of Transportation, which culminated in the world’s first constitutional climate settlement. Catherine Smith, serving as an expert for the youth plaintiffs, situates the case within Hawaiʻi’s legal tradition of prioritizing children’s rights and intergenerational equity. She explores the evolution of children’s constitutional protections, contrasting Hawaiʻi’s progressive jurisprudence with the dominant adult-centric legal framework on the mainland. She critiques four recurring analytical missteps in U.S. courts that marginalize children’s interests and highlights Hawaiʻi’s public trust doctrine and cultural values, such as the Aloha Spirit, as models for addressing climate-related harms. …

Constitutional Futurism As Pedagogy, Jeremiah Chin

Seattle University Law Review

Constitutional Law has transformed from a course on history to a discussion of current events. Cases like Students for Fair Admissions v. Harvard College, Dobbs v. Jackson Women’s Health Organization, and Loper Bright Enterprises v. Raimondo reveal that the study of constitutional law is not a static, or even linear, discussion of constitutional text and history. Law is a shifting, changing enterprise that reflects social constructions of power, authority, and identity. How do we teach, learn, and understand constitutional law that is so laden with history, riddled with theories of consistency and adherence to precedent, but ultimately subject …

Not So "Fast And Furious": Why "Adjournment" Pending A Set-Aside Proceeding Could Further The New York Convention's Purposes, Martina Chun

Pepperdine Dispute Resolution Law Journal

This Comment considers “adjournment” of enforcement proceedings under Article VI of the New York Convention, which allows a “pause” or a “stay” on enforcement pending a set-aside proceeding. Adjournment is an effective tool when a party initiates a proceeding to set aside, or annul, an award. While adjournment may mean that the enforcement of an award is not as “fast and furious” as some may prefer, it may be the unheralded solution—often overlooked and seldom discussed – that, despite its low profile, can significantly promote efficiency and prevent issues arising from multiple cross-border litigation proceedings.

Corruption's Challenge To Arbitral Legitimacy, Margaret L. Moses

Pepperdine Dispute Resolution Law Journal

The widespread growth of corruption in international business transactions has created a crisis of legitimacy for international arbitration. Because international contracts regularly provide for resolution of disputes by arbitration, the deep-rooted presence of fraud, bribery, money laundering and other illicit activity raises challenges to arbitrators about their proper role in resolving disputes tainted by corruption. In cases of corruption, parties may refrain from presenting facts and evidence that reveal their deceptive practices. Arbitrators need to be more interventionist in these kinds of cases than they have been in traditional arbitration practice. Following the Introduction in Part I, Part II of …

Report Of The Special Rapporteur On The Implications For Human Rights Of The Environmentally Sound Management And Disposal Of Hazardous Substances And Wastes, Marcos Orellana - Military Activities And Toxics, Marcos Orellana

PEEL Faculty Scholarship

Implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes

Note by the Secretary-General

The Secretary-General has the honour to transmit to the General Assembly the report of the Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes, Marcos Orellana, in accordance with Human Rights Council resolution 54/10.

Guidelines On Access To Justice And Effective Remedies In The Context Of Toxics, Marcos Orellana

PEEL Faculty Scholarship

Guidelines on access to justice and effective remedies in the context of toxics

Report of the Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes, Marcos Orellana.

Why The Ai Act Fails To Understand Generative Ai, Claire Boine, David Rolnick

Minnesota Journal of Law, Science & Technology

No abstract provided.

Oped: Forced Disappearances In New Mexico 2025, Jennifer Moore, Antoinette M. Sedillo Lopez, Linda Serrato

Faculty Scholarship

Immigration raids and unaccounted-for seizures of human beings are occurring in New Mexico and throughout the country, with increases in their frequency and magnitude as of June 2025. As we celebrate our Independence, every U.S. citizen should do some soul searching–to seek the soul of our nation. We call on our federal elected officials to work to ensure that enforced disappearances do not happen in our beloved country. As elected representatives and educators we demand to know where our constituents are being held and under what allegations. And we ask ICE agents to consider their actions. History did not look …

Ben Ferencz’S Pioneering Transitional Justice Legacy, Including And Beyond Accountability, Federica D'Alessandra

Cardozo International & Comparative Law Review

The article argues that Benjamin Ferencz was a foundational figure in the field of transitional justice, extending beyond his recognized contributions to international criminal justice. His work laid the groundwork for the four pillars of transitional justice: truth, accountability, reparation/restitution, and memorialization. Ferencz’s efforts in investigating war crimes, prosecuting perpetrators, advocating for victim-centered justice, and preserving historical records demonstrate his pivotal role in shaping modern transitional justice frameworks.

Child/Youth Climate Litigation: Tracking Children’S Rights And Children’S Impact, Aoife Daly, Liesl Muller

Washington and Lee Law Review

Children and youth have been engaging extensively in climate action around the world. They have been doing this by protesting in the streets, talking with governments, and most recently by taking climate litigation against governments and companies. In this Article, these climate cases are considered from a children’s rights perspective. Using the Youth Climate Justice database, fifty cases are analyzed to consider two aspects of climate litigation—the children’s rights involved in the case, and the significance of the outcomes of the cases. It is concluded that climate cases are a new form of child participation in society, and that child …

Transforming The World With Reparations?, Ingrid Brunk, Monica Hakimi

Faculty Scholarship

Claims for reparations in international law commonly reflect two competing visions--one transformative, the other corrective. The transformative vision looks to reparations to end the long tail of injustices that are associated with large-scale historic harms. The corrective vision is more confined; it focuses on repairing specific, legally cognizable harms and returning the agents or entities involved as closely as possible to the status quo ante. We argue in this Essay that these two visions have distinct conceptual logics, even though they often overlap in practice, and that the transformative vision cannot carry the burdens that are placed on it.

Burying The Burden: A Sovereign’S Duty Of Investigation Post-Republic Of Turkey V. Christie’S Inc., Caitlin H. French

Cardozo Law Review

This Note explores the intersection of cultural heritage law and U.S. property law through the lens of Republic of Turkey v. Christie’s Inc., a significant case involving the contested ownership of the ancient Anatolian “Stargazer” figurine. The Note explores how longstanding doctrines of property and the equitable defense of laches interact with international legal frameworks and patrimony laws aimed at preserving cultural heritage material. The case underscores tensions between cultural nationalism and internationalism, sovereign ownership claims under foreign patrimony laws, and the protections afforded to good-faith purchasers under U.S. law. The Note identifies two key legal issues at play: (1) …

Defending U.S. Citizenship-Based Taxation In Theory And In Practice: An Essay On Fiscal Citizenship In A Fatca World, Edward A. Zelinsky

Cardozo Law Review

For some Americans, a surprising aspect of the saga of Meghan Markle, also known as the Duchess of Sussex, was learning that, as a U.S. citizen living in the United Kingdom, the Duchess was obligated to pay U.S. income taxes on her worldwide income.[1] President Donald Trump has echoed concerns raised in this controversy about the United States’ worldwide income taxation of its citizens living abroad. In particular, during his 2024 presidential campaign, President Trump called for “ending the double taxation of overseas Americans.”[2] I found myself drawn into this debate about the United States’ citizenship-based taxation by virtue of …

The Procedural Architecture Of Climate Justice: Comparative Lessons From Regional Human Rights Courts, Indira Boutier

National Law School Journal

Climate change, once narrated through scientific data and economic costs, is now unavoidably framed as a question of rights and justice. This article examines how litigation before the African, European, and Inter-American human rights courts makes the procedural dimensions of climate justice visible. Procedural justice here is understood capaciously and includes not only rules of access, standing, and evidence, but also the recognition of corporations as duty bearers in transnational accountability regimes. A comparison of the three regions shows how colonial legacies, institutional architectures, and political economies shape the channels through which communities can contest climate harm. Litigation emerges less …

Five Things You Think You Know About International Arbitration That You Do Not Know (Nlsiu-Siac Annual Arbitration Lecture 2025), Lucy Reed

National Law School Journal

In the second NLSIU-SIAC Annual Arbitration Lecture delivered in April 2025, Lucy Reed takes a practice- or procedure-focused approach. Specifically, she addresses some misconceptions about international arbitration held by students and practitioners alike. She also introduces some of the new procedures in the 7th Edition of the SIAC Arbitration Rules, in effect from 1 January 2025.

Table Of Contents - Cardozo International & Comparative Law Review, Vol. 8, Iss. 3

Cardozo International & Comparative Law Review

No abstract provided.

Benjamin Ferencz In The Cold War, Noah Weisbord

Cardozo International & Comparative Law Review

The article explores Benjamin Ferencz's advocacy for international law and his role in shaping the legal frameworks of the post-World War II era, particularly his efforts to define aggression and establish the International Criminal Court. It contrasts Ferencz's idealism with the pragmatic approaches of Henry Kissinger and the diplomatic strategies of Dag Hammarskjold, highlighting the challenges of the Cold War international order and its failure to address individual threats, exemplified by A.Q. Khan's nuclear proliferation.

Furthering The Legacy Of Benjamin B. Ferencz: Amending The Rome Statute’S Jurisdiction Over The Crime Of Aggression, Jennifer Trahan

Cardozo International & Comparative Law Review

The article advocates for amending the Rome Statute to strengthen the International Criminal Court's (ICC) jurisdiction over the crime of aggression. It argues that the current jurisdictional regime, established by the 2010 Kampala amendments, is too limited, creating double standards and undermining the rule of law. The author calls for harmonizing the ICC's jurisdiction over the crime of aggression with its jurisdiction over other crimes, such as genocide and war crimes, to ensure consistent and universal accountability.

The Unique Function Of The Crime Against Humanity Of Other Inhumane Acts In The Progressive Development And Codification Of International Criminal Law, David Donat Cattin

Cardozo International & Comparative Law Review

The article explores the evolution and role of "other inhumane acts" as a residual category within the definition of crimes against humanity, tracing its development from the Nuremberg trials through the Rome Statute of the International Criminal Court (ICC). It highlights the potential of this category to adapt to new forms of atrocities and discusses the challenges and opportunities in aligning future treaty developments with existing legal frameworks.

Exceptions To The International Customary Law Rule On Head Of State Immunity Under International Criminal Law, Daniel D. Ntanda Nsereko

Cardozo International & Comparative Law Review

The article examines the tension between head of state immunity and the pursuit of justice in international criminal law. It argues that while some nations and regional bodies, like the African Union, assert immunity for heads of state, international institutions such as the International Criminal Court (ICC) reject this principle, emphasizing the rule of law and accountability. The ICC's jurisdiction, particularly through UN Security Council referrals, overrides state consent, challenging traditional notions of immunity. The article posits that states must adhere to their treaty obligations, such as the Rome Statute, and cannot unilaterally opt out for political expediency, reinforcing the …

No More Mixed Message, Missing Money: Revisiting The Birth Of Icl’S Victim Restoration-Reparations Regime To Conceptualize Its Modern Reform, Gregory S. Gordon

Cardozo International & Comparative Law Review

The article argues that the International Criminal Court's (ICC) system for victim reparations is fundamentally flawed due to mission dissonance between its punitive and restorative goals, insufficient funding, and procedural limitations. It proposes the creation of an independent Atrocity Victim Reparations Tribunal (AVRT) under the UN to address these issues, ensuring more effective and victim-centered reparations.

From One Stolen Generation To Another: Replicating Trevorrow In American Courts, Jennifer Grubman

Cardozo International & Comparative Law Review

The note examines the historical injustices of Indian boarding schools in the United States and argues that survivors may assert fiduciary duty claims under the Indian Tucker Act to seek redress for the government’s mismanagement of tribal funds and the cultural trauma caused by these institutions. It critiques the lack of a nationwide reparations scheme and highlights the challenges posed by the statute of limitations in pursuing legal remedies. The analysis draws parallels to the Stolen Generations in Australia and emphasizes the need for a multifaceted approach to address the intergenerational harm inflicted by these policies.

Don’T Let History Repeat Itself: What The Western Sahara Conflict Can Learn From The Israeli-Palestinian Conflict, Jack Berroug

Cardozo International & Comparative Law Review

The note examines the ongoing conflict over Western Sahara, focusing on Morocco's claims of sovereignty and the international legal framework upholding the Sahrawi people's right to self-determination. It critiques Morocco's historical arguments and advocates for increased U.N. intervention to prevent escalation, while also suggesting political compromises, such as Morocco's autonomy plan, to resolve the dispute.

Bodies Are Not Battlegrounds: Sexual And Gender-Based Violence As A War Tactic: A Ukrainian Case Study, Marina Coriale

Cardozo International & Comparative Law Review

The note examines the use of sexual and gender-based violence (SGBV) as a weapon of war, with a focus on conflict-related sexual violence (CRSV) in Ukraine. It highlights the legal frameworks and precedents established by international courts and tribunals, such as the Rome Statute, the ICTY, and ICTR, to prosecute CRSV as war crimes, crimes against humanity, and genocide. The analysis underscores the challenges faced by survivors in seeking justice and the importance of addressing root causes like gender inequality. It advocates for strengthened legal mechanisms, accountability, and reparations to promote healing and deter future atrocities.

Masthead & Table Of Contents

Dalhousie Law Journal

No abstract provided.

Methane Removal Under The Paris Agreement, Romany M. Webb

Sabin Center for Climate Change Law

In the 2015 Paris Agreement, the international community agreed to “strengthen the global response to climate change” by limiting the “increase in global average temperatures to well below" 2 degrees Celsius above pre-industrial levels, and ideally to 1.5 degrees Celsius. As recognized in the Agreement, to stay within these limits, global greenhouse gas emissions must be rapidly reduced, “so as to achieve a balance between anthropogenic emissions by sources and removals by sinks of greenhouse gases in the second half of this century” — a situation commonly described as “net zero.” The need to reach net zero has prompted growing …

Bonehead Non-Proliferation Redux, David A. Koplow

Georgetown Law Faculty Publications and Other Works

Since the publication of my 1993 Fletcher Forum article “Bonehead Non-Proliferation,” three vitally important international developments regarding nuclear weapons have materialized. First, the 1968 Nuclear Non-Proliferation Treaty, an essential linchpin for global security, was extended by its parties in 1995 into a permanent agreement—a tremendous outcome that was not certain when my original article was published. Second, the Comprehensive Test Ban Treaty, globally prohibiting all nuclear explosions, was concluded in 1996—my article focused on the imperative for crafting such an instrument. Third, a group of distinguished senior U.S. government security officials succeeded in reviving the concept of the complete abolition …

Operationalising The Social Licence To Operate Along The Belt And Road: The Case For A Mediation-Focused Approach, Mark Mclaughlin

Research Collection Yong Pung How School Of Law

This article examines the intricate dynamics of community representation and stakeholder influence in the realm of international investment law. More specifically, it considers the most effective method by which to operationalise the concept of the ‘social licence to operate’ when attempting to resolve investor-state disputes. By utilising disputes relating to China’s Belt and Road Initiative as a case study, it is shown that the social impact of foreign investment projects is often a catalyst for arbitration claims. Community interests are insufficiently represented at the stage of procurement or admission of investment, which has led to violent clashes between investors and …

Friction Points Between The Eu Data Act And Wto Law, Pedro R. Borges De Carvalho

Indian Journal of International Economic Law

It has been noted that many of the provisions of the EU Data Act are protectionist in character, seemingly designed to guard data as a national resource to be explored by EU actors first and foremost, and not to be exported, to the detriment of third-country companies. To international trade treaty partners, most notably the United States, it may seem as though the EU’s policy of digital sovereignty, in its current contours, risks violating WTO Law, which is premised on ideals of global free trade and comparative advantage. This essay analyses the most problematic provision of the Data Act in …