Law Commons^™

Documentary History Of The Broadcast Treaty In The Sccr (Global Version), Luca Schirru, Lokesh Vyas, Haddija Jawara, Lukas Ruthes Gonçalves, Katie Mcgee, Yara Misto, Sean Michael Fiil Flynn

Joint PIJIP/TLS Research Paper Series

The objective of this study is to systematically map all meetings of the Standing Committee on Copyright and Related Rights (SCCR) and the General Assemblies (GA) of the World Intellectual Property Organization (WIPO) to extract, compile, and organize all relevant statements made Member States regarding the proposed Broadcasting Treaty.

The analysis was based on publicly available data from the WIPO website, particularly the official pages dedicated to each SCCR and GA meeting. Our primary focus was on statements recorded in the official "Report" document of each session. When available, we also examined supplementary documents, such as the "Summary by the …

Objectives And Principles For An Instrument On Limitations And Exceptions: Relevant Excerpts And Proposals, Sean Flynn, Luca Schirru

Joint PIJIP/TLS Research Paper Series

The Committee on Copyright and Related Rights (SCCR) has been mandated by the 2012 General Assembly to work toward “an appropriate international legal instrument or instruments (whether through model law, joint recommendation, treaty, and/or other forms)”. In SCCR 43, the Committee adopted a Work Program (SCCR/43/8) to draft “objectives, principles, and options” for potential instruments. With the goal of facilitating the discussion within the Committee and the design of principles and objectives, our research team systematically gathered and organized relevant excerpts from a variety of sources including existing treaties, laws, SCCR documents, academic contributions, and civil society proposals. This document …

Exit Planning And Emigration Aspirations Among Trans And Nonbinary U.S. Citizens, Jayesh Rathod

Presentations

Social Movement Lawyering And Due Process Values, Susan D. Carle

Scholarly Articles in Law Reviews & Journals

As I send this Essay off to the Fordham Law Review in early January 2025, many people in the United States remain in a state of shock following the recent election of Donald J. Trump to a second term as President. Theories abound as to why a person who espoused so much hate won the allegiance of a majority of American voters; some commentators have suggested that “anti-wokeism” is to blame. To be sure, the Trump campaign manipulated conservative social values to gain support. But conservative values are not necessarily anti-woke values. Ancient values oppose treating people badly and interfering …

Brief Of Law Scholars As Amicus Curiae In Support Of Appellees And Affirmance, Charles Duan

Amicus Briefs & Court Filings

Amici are law professors and scholars who focus their scholarship and teaching on intellectual property law, property law, regulatory law, and health law. They write to address the plaintiff, Novartis Pharmaceuticals Corporation (Novartis), contention that the Medicare drug price negotiation program effectuates a taking of personal property in violation of the Fifth Amendment. Amici submit this brief to provide the Court with the historical and legal background necessary to understand two issues: first, the constitutionality of government price negotiations and price regulations; second, the federal government’s use of patents. The amici explain how Courts have historically ruled on these questions, …

La Jurisdicción De La Corte Interamericana Para Revisar Judicialmente La Invalidez De La Denuncia A La Convención Americana Sobre Derechos Humanos Efectuada Por Venezuela En 2012 Bajo Los Estándares De La Convención De Viena Y La Opinión Consultiva Oc-26/20, Claudio Grossman, Carlos Ayala Corao, Juan Mendez, Claudia Martin, Robert Goldman, Gabriel J. Ortiz Crespo

Amicus Briefs & Court Filings

No abstract provided.

The State Of The Medical Cannabis Industry And Enforcement Against Illegal Cannabis Shops, Chaz Brooks

Legislative Testimony & Comments

My name is Professor Chaz Brooks, and I am joined by several of my students who have assisted on this project, Khumar Gasimzada, Christian Nunez, and Olivia Woodmansee. Professor Priya Baskaran and I co-lead the Entrepreneurship Law Clinic at American University Washington College of Law, where we provide legal support to small businesses and entrepreneurs in Washington, D.C. (the “District” or “D.C.”). Over the past year, we have worked closely with Sean and Lashonia Thompson-El of DC Native Botanicals who received a Conditional Social Equity License for a cultivation center in October 2023. Today, we testify not only on their …

Reforming Copyright Or Toward Another Science? A More Human Rights-Oriented Approach Under The Rebspa In Constructing A "Right To Research" For Scholarly Publishing, Klaus Beiter

Joint PIJIP/TLS Research Paper Series

This article identifies copyright impediments existing in the sphere of science, and then tentatively suggests how such impediments may be overcome. It focuses on scholarly publishing only, and here primarily on digital content, and specifically asks whether expensive commercial scholarly publishers continue to “add value” to research in the digital era. The deficits of copyright law and potential solutions thereto are assessed in the light of the right of everyone “to enjoy the benefits of scientific progress and its applications” (REBSPA) as laid down in Article 15(1)(b) of the International Covenant on Economic, Social and Cultural Rights (ICESCR) of 1966. …

Access To Scholarly Publications In The Global North And The Global South—Copyright And The Need For A Paradigm Shift Under The Right To Science, Klaus Beiter

Joint PIJIP/TLS Research Paper Series

This paper assesses the deficits of copyright law for digital science, and potential solutions thereto, in the light of the right of everyone “to enjoy the benefits of scientific progress and its applications” (“REBSPA” or “right to science”), as protected in Article 15(1)(b) of the International Covenant on Economic, Social and Cultural Rights of 1966. While, in the shorter term, existing copyright law needs to undergo certain reforms (which would all be supported by the REBSPA) to accommodate the needs of science, in the longer term, the right to science, thus the argument here, requires something else – much more, …

Brief Of Law Professors As Amici Curiae In Support Of Respondent, Ira P. Robbins

Amicus Briefs & Court Filings

INTRODUCTION AND SUMMARY OF ARGUMENT: "The right to trial by jury is 'of such importance and occupies so firm a place in our history and jurisprudence that any seeming curtailment of the right' has always been and 'should be scrutinized with the utmost care." SEC v. Jarkesy, 144 S. Ct. 2117, 2128 (2024) (quoting Dimick v. Schiedt, 293 U.S. 474, 486 (1935)). The Seventh Amendment reflects and enshrines that tradition, providing that in "[s]uits at common law ... the right of trial by jury shall be preserved." U.S. Const. amend. VII (quoting Dimick; see also City of …

Trump Should Pass On Project 2025'S Disparate Impact Plan, Susan D. Carle

Popular Media

Although President-elect Donald Trump disavowed reliance on, or even knowledge of, the Heritage Foundation's Project 2025 agenda, his appointments and policy announcements have substantially tracked Project 2025 so far, suggesting that his administration will look to Project 2025 when choosing its goals.

The Danger In Designations: U.S. Terrorism Designation Lists In Gaza And Beyond, Elizabeth Beavers

American University National Security Law Brief

What is “terrorism”? The term has surged in U.S. political discourse following Hamas’s attack on Israel on October 7, 2023, Israel’s subsequent onslaught of Gaza, and escalating violence in the region involving Iran and similarly aligned groups like Hezbollah and the Houthis. U.S. politicians and thought leaders have characterized U.S. support for Israel’s bombardment as a fight against “terror,” described the violence conducted by Palestinians and their backers as “terrorism,” and accused pro-Palestinian U.S. protestors of “supporting terrorism.”

More than mere political rhetoric, “terrorism” is a term that carries big legal consequences. This is in large part because the U.S. …

Comprehensive Bibliography On Independent Accountability Mechanisms At International Development Finance Institutions (1993-2024), Reagan Ferris, David Hunter

Bibliography

This bibliography collects published and some non-published material relating to the World Bank Inspection Panel and other independent accountability mechanisms (IAMs) at international development finance institutions (IFIs). Not included are those reports, decisions, action plans, etc., that are generated by the IAMs or IFIs in processing a specific case and made available on the IAM’s website through, for example, a registry of cases. The bibliography is organized according to the following sections:

I. Publications Relating to Independent Accountability Mechanisms, including Books, Chapters, Articles, Working Papers, Dissertations, Reports, Newsletters, Press Releases, Statements, and Comments

II. Publications from International Organizations, including publications …

Ziada V. Netherlands: Accountability Of State Officials In The European Court Of Human Rights, Mckenzie Gallagher

Human Rights Brief

In 2014, a Dutch Palestinian man, Mr. Ismail Ziada, lost six close family members in an Israeli airstrike labeled “Operation Protective Edge,”—a seven weeklong military offensive, waged by the Israeli defense forces (“IDF”) in the Gaza Strip. The family’s home, which was destroyed as a result of the attacks, was situated within the Al-Burej refugee camp. Shortly thereafter, the United Nation General Assembly established these attacks on civilians and civilian infrastructure were orchestrated by senior military officials, and strongly indicated the acts constituted a commission of war crimes in violation of international humanitarian law, international human rights law, and international …

The “Gray Zone”: Safeguarding Diplomatic Premises From Attacks By Third Countries, Tim Streit

Human Rights Brief

Diplomatic inviolability is a key norm in international law which guarantees that a state receiving a diplomatic mission from another state will not intrude on the mission’s physical premises and will protect them from any invasion or damage. The concept predates even Hugo Grotius, the so-called “father of international law,” who in his own works referenced it as established practice in the diplomatic community. The receiving state’s obligations towards diplomatic missions in its territory were solidified in the Vienna Convention on Diplomatic Relations in 1961. The same principles were later reiterated in the Vienna Convention on Consular Relations.4 Both treaties …

Vulnerability In The Law, Sara Aziz, Aisli Ali, Casey Williams, Lindsey Nye, Saya Khandhar, Sofia Bazdekis

Human Rights Brief

On Monday, February 24, 2025, the Human Rights Brief (“the Brief”) at American University Washington College of Law (“WCL”) held its annual spring symposium with the theme of “Vulnerability in the Law.” This year’s theme aimed to highlight areas where legal systems fall short in protecting vulnerable populations, as well as highlighting where the law itself is vulnerable. The symposium was organized by Symposium and Education Editor Sara Aziz, in collaboration with the Junior Symposium Staff: Asli Ali, Casey Williams, Lindsey Nye, Saya Khandhar, and Sofia Bazdekis. The team worked relentlessly to coordinate panels on legal issues, including technology, environmental …

The Witchcraft Act And The Cost Of Inaction: Afchpr On The Persecution Of Persons With Albinism, Aly Orvis

Human Rights Brief

On February 5, 2025, the African Court on Human and Peoples’ Rights (“AfCHPR”) issued a landmark ruling in Centre for Human Rights and Others v. United Republic of Tanzania, holding that Tanzania had violated the rights of persons with albinism (“PWA”) by failing to protect them from systematic discrimination, violence, and ritual killings. The applicants, a human rights organization advocating for PWA, argued that the Tanzanian government’s inaction and weak legal framework fostered an environment of impunity for attacks against PWA, including violations of Article 2, the right to non-discrimination, of the African Charter on Human and Peoples’ Rights (“ACHPR”). …

Femicide Is A Human Rights Violation, Not A Cultural Consequence: Why Nigeria Is Violating The Maputo Protocol, Bolu Jegede

Human Rights Brief

Femicide, the most extreme form of gender-based violence, is the intentional killing of women simply because they are women. It is driven by harmful societal norms, such as oppressive gender roles, systemic discrimination towards women and girls, and gender power imbalances. Femicide is a universal problem but gaps in data on this issue mask the true scale of violence. For the first time since 2013, when the UNODC began publishing regional estimates, Africa surpassed Asia as the region with the highest number of victims.

Quota Reform, Repression, And The Fight For Human Rights In Bangladesh, Noreen Tareque

Human Rights Brief

On June 5, 2024, the High Court of Bangladesh ruled against the government’s decision to cancel the country’s quota system, stating that the decision to cancel the system in 2018 was invalid. This meant the country would go back to using the quota system to assign government jobs to students after they had completed their higher education. The quota system established that 30% of Bangladesh’s government jobs were reserved for the children and family members of freedom fighters who lost their lives during the Bangladesh Liberation War of 1971 against Pakistan.  Additionally, the quota system reserved 10% for women affected …

Imperfect Justice: Gaps In The Icc’S Reparations And Victim Participation, Alyssa Price

Human Rights Brief

The International Criminal Court (ICC) made substantial efforts to establish a court system that is more inclusive and supportive of victims. Notably, the ICC provides victims with opportunities for active participation in the judicial process—far more extensive than most domestic courts—ensuring that victims have a voice. However, the mechanisms the ICC employs for victim reparations lack effectiveness. These reparations often prove logistically challenging to implement and fail to address victims’ specific and diverse needs. Consequently, this limitation threatens the ICC’s reputation as a protector of victims’ rights. By collaborating with other United Nations (UN) organizations, private corporations, and individuals, the …

(D)Evolution Of International Commercial Arbitration In Mexico, Edwin N. Á. Román

Arbitration Brief

The 1990s were a time of vibrant international rulemaking in the field of international economic law, during which Mexico transformed from a closed to an open economy. In 1993, Mexico adopted the 1985 UNICITRAL Model Law on International Commercial Arbitration. In 2011, Mexico amended its commercial code by introducing a specific proceeding to enforce and set aside arbitration awards titled “Juicio Especial sobre Transacciones Comerciales y Arbitraje.” Alongside these amendments, Mexico became an internationally relevant jurisdiction for the recognition and enforcement of foreign arbitral awards. This article analyzes the evolution of the Mexican Supreme Court of Justice’s jurisprudence concerning international …

Third-Party Funding In Treaty-Based Arbitration: Towards A More Transparent And Responsible System?, Margie-Lys Jaime R.

Arbitration Brief

Third-Party Funding (“TPF”) has become the “new kid on the block” of long-established stakeholders in international arbitration. However, despite the increasing use of TPF, few countries have undertaken the task of regulating the intervention of funders. Even in countries where the practice of TPF is regulated, it is generally in codes of conduct or non-binding instruments.

Forced Arbitration In Tesla’S Consumer Contracts, Abigail Hug

Arbitration Brief

The Supreme Court has supported the FAA’s preference for enforcing arbitration clauses and has extended it to forced arbitration provisions. In DirecTV v. Imburgia, the Supreme Court upheld a mandatory arbitration clause in a consumer service agreement, which additionally prohibited class arbitration. The Court reasoned that the FAA clearly states that written provisions in contracts that mandate arbitration are enforceable as all other contracts are enforceable. Companies throughout the United States use forced arbitration for employment and consumer contracts, including those for car leases. Forced arbitration clauses in consumer contracts ensure that customers settle their disputes with a company through …

Should Decisions Of Independent Accountability Mechanisms Be Binding?, Lalanath De Silva, Giada Giacomini

Perspectives

In this essay, it is argued that IAMs should be empowered with binding decision-making authority to enhance their effectiveness and ensure that justice is served, and remedies delivered. This argument is supported by analyzing the right of access to justice. Further, this essay analyses existing mechanisms with binding decision-making power that have already been created or acknowledged by IFIs; these mechanisms include IFI administrative tribunals for employees, arbitration processes for commercial disputes, integrity related sanctions regimes, and the appeal bodies that hear access to information decisions. The IFIs’ embrace of binding decisions in these contexts demonstrates that nothing prevents IFIs …

Reflections On The Launch Of The Inspection Panel And People-Centered Accountability, David B. Hunter

Perspectives

No abstract provided.

National Security Issues Arising In Anticorruption Enforcement, Anthony J. Lewis, Aisling O'Shea

American University National Security Law Brief

The overlap between national security and corruption has long been recognized; however, the government’s views on the nature of the overlap have shifted over time. For instance, in June 2021, the Biden administration announced an initiative to combat corruption as a core national security interest. The administration ordered a review by fifteen government agencies and offices, including the Central Intelligence Agency and the Office of the Director of National Intelligence. Then, in February 2025, the Trump administration declared that “overexpansive and unpredictable” enforcement of the Foreign Corrupt Practices Act of 1977 (“FCPA”) “actively harms American competitiveness and, therefore, national security.” …

A Uniform, National Body Of Law To Govern The Enforcement Of Arbitration Agreements, Imre S. Szalai

American University Business Law Review

The heart of the Federal Arbitration Act (FAA) is section 2, which contains a federal mandate that arbitration agreements are valid, irrevocable, and enforceable; the FAA's remaining provisions help carry out this mandate.

A New "Administrative Law Approach" To Social Rights? Learnings From Environmental Litigation In Colombia, Maria Emilia Mamberti

American University International Law Review

Social rights are at present profusely recognized in international and domestic law. Latin American countries are frontrunners in the field, as virtually all constitutions in the region acknowledge social rights, often in ambitious manners. In many countries, courts have been active and creative in adjudicating social rights cases.

The increasing importance of social rights has led to copious debates in comparative law, which have initially focused on the convenience of constitutionalizing them, and on assessing their nature and core characteristics. With relevant exceptions, more current debates—largely revolving around the decisions of high courts from a handful of jurisdictions—have focused on …

Diplomatic Practices: Activating The Crime Of Aggression, Noah Weisbord

American University International Law Review

At midnight on Friday, December 15, 2017, a century of multilateral negotiations over the definition and jurisdictional reach of the crime of aggression—leadership responsibility for aggressive war—was on the brink of collapse. Almost every controversial drafting issue had been negotiated and resolved, and International Criminal Court (ICC or the Court) States Parties were gathered at the United Nations (U.N.) in New York to activate ICC jurisdiction over the “supreme international crime.” According to aggression scholar Annegret Hartig, “activation was expected to be comparable to a mere turning on of lights.” Just two states, the U.K. and France, were blocking the …

Prologue, Claudio Grossman, Robert K. Goldman

American University International Law Review

We are pleased to write this prologue for the special issue of the American University International Law Review featuring the winning papers from the 2024 Human Rights Essay Award, sponsored by the Academy on Human Rights and Humanitarian Law of American University Washington College of Law.