Law Commons^™

Constructing Solutions: Addressing Liability And Ownership Risks Associated With Business Information Modeling, Connor Sheehy

American University Business Law Review

This Comment will first discuss the background of BIM, including its technological characteristics and implementation into a complex construction project, as well as the potential benefits that incentivize parties to utilize BIM in a project. Next, this Comment will discuss the legal risks and uncertainty associated with BIM, particularly regarding ownership and liability. Specifically, this Comment will focus on ownership of the intellectual property and designs within an overall model and will contrast liability in traditional construction projects with liability in a construction project utilizing BIM. Lastly, this Comment will discuss potential solutions to these risks and uncertainties. The analysis …

Finding Rights In The Fine Print: How Terms Of Services Agreements Can Turn Consumer Search History Into Digital Property, Dalia Wrocherinsky

American University Business Law Review

On October 16, 2023, the Colorado Supreme Court handed down the country’s first court opinion on the constitutionality of reverse keyword warrants. It found that Google’s Terms of Service created a Fourth Amendment property interest in a user’s search history such that police copying this data constituted a seizure. This was a completely novel contention that implicates basic, yet increasingly relevant and unsettled principles of property, contracts, and Fourth Amendment law.

This Comment will argue that fundamental principles of property, contracts, and Fourth Amendment law support the Colorado Supreme Court’s theory. It will explore how property rights are created and …

Are The Mdbs Accountable? Reflecting On The Independent Accountability Mechanisms Of The Multilateral Development Banks, Susan Park

Perspectives

The International Accountability Mechanisms of the Multilateral Development Banks provide important insights into how to hold intergovernmental organizations to account for their environmental and social impacts. This perspective identifies how the IAMs hold the Banks to account according to the six standard questions of accountability: who is accountable, to whom, for what are they accountable, and what are the standards, processes, and sanctions employed to demonstrate that the MDBs are accountable. This highlights what the IAMs can and cannot hold the MDBs to account for, and how this might shape further international grievance mechanisms for people seeking to defend their …

The River Of Accountability Mechanisms: Then And Now, Suresh Nanwani

Perspectives

In 1993, the river of international accountability mechanisms (IAMs) commenced from its source – the World Bank Inspection Panel (The Panel). In its journey the river was fed by the tributaries of similar accountability mechanisms from other development institutions, including four regional development banks – the Inter-American Development Bank in 1994, the Asian Development Bank in 1995, the European Bank for Reconstruction and Development in 2003, and the African Development Bank in 2006. It also welcomed other entities – bilateral institutions like Japan Bank for International Cooperation (2003) and Proparco (2018), United Nations Development Program (2014) and other organizations like …

Unacceptable Means: The Inspection Panel Actions On World Bank Forcible Resettlement, Lori Udall

Perspectives

This essay reviews the World Bank’s Inspection Panel’s work on cases involving involuntary resettlement. Since its Inception, the Panel has received 89 requests involving resettlement (over half of all cases) and has investigated 32. It traces Panel cases, lessons learned, and advisory reports on resettlement and livelihood restoration. Despite the growing evidence through the years of resettlement failures, the World Bank continues to violate its own safeguard policies and repeat the same omissions and mistakes in projects. The essay concludes with recommendations for empowering the Inspection Panel and for the Bank to move towards bottom-up community development that better addresses …

Thirty Years Of Accountability In International Development: Insights From The General Counsel Of The World Bank Group, Christopher H. Stephens

Perspectives

The creation of the World Bank’s Inspection Panel in 1993 was a groundbreaking moment in international development. The first accountability mechanism of its kind, it established a precedent for accountability in development that has been followed by multiple development banks and international financial institutions over the last decades. Today, the credibility of international financial institutions rests significantly on the mechanisms that they put in place to check their own behavior and the avenues they offer for affected communities and individuals to raise questions of harm related to the projects financed by these institutions. This essay is a reflection on the …

A Fourth Amendment Pathfinder: Stop-And-Frisk And Race, Emily Pratt

Upper Level Writing Requirement Research Papers

No abstract provided.

This Comment Is Gay: How Banning Lgbtq-Themed Books Violates First Amendment Rights, Michael Karam

Upper Level Writing Requirement Research Papers

No abstract provided.

Deconstructing Concepts About Nature: An Alternative Perspective For Ecofeminism Based On The Rights Of Nature, Leslie Terrones

PEEL Student Scholarship

No abstract provided.

Grasping The Third Rail: Restorative Justice And Violent Crime, Olwyn Conway

Scholarly Articles in Law Reviews & Journals

Restorative justice is a means of responding to harm— including criminal offenses—through active accountability and repair, rather than through passive punishment and isolation. While restorative justice has demonstrated potential to meaningfully improve processes and outcomes for individuals and communities, the implementation of restorative justice programs to address crime—both within and alongside the American criminal system—has been slow, limited, and misplaced. Programs are often directed at low-level, nonviolent offenses that involve little if any cognizable harm. This approach creates two problems. One, it risks net-widening: bringing more citizens under criminal surveillance and carceral control for minor offenses—further diluting the constitutional and …

Owning Health Equity Entrepreneurship, Capital, And Community-Owned Health, Thomas Williams

Scholarly Articles in Law Reviews & Journals

There is a long history of recognized health disparities affecting marginalized communities in the United States. These disparities have complicated and deep roots, but multiple factors can be controlled in the short term, such as access to high-quality medical care. Public and private institutions often use incentives to focus the efforts of private actors towards specified goals; incentives can also be calibrated to mitigate health disparities through a health equity entrepreneurial model.

To understand the possibilities and complications of this model of health equity-focused entrepreneurship, this Article uses the Black and American Indian maternal mortality and morbidity crises as a …

Investor-State Dispute Settlement (Isds) Treaty Mechanisms As A Threat To Climate And Sustainable Development Goals, Johanna Leffler

Human Rights Brief

Investor-State Dispute Settlement (“ISDS”) treaty mechanisms threaten the human right to a clean, healthy, and sustainable environment by crippling states’ abilities to enact meaningful climate change and sustainable development policies, thus hindering their ability to meet obligations under the Paris Agreement.

The Chinese Doctrine Of Fundamental Principles Of International Law: Comparison Of Soviet, Euro-American, And Chinese Theories Of International Law, Naoto Mochizuki, Keisuke Minai

American University International Law Review

A number of states in the former communist bloc, such as Russia, have adopted the doctrine of the fundamental principles of international law, which originated from the former Soviet Union. What is the concept of the fundamental principles of international law in China? This study elucidates the uniqueness of the fundamental principles in China by comparing doctrines of international law in the Soviet Union and Western countries with reference to descriptions in contemporary international law textbooks in China.

An Icy Invasion: Russia's Seizure Of The Norwegian Waters In The Arctic, Margaret Turchinski

American University International Law Review

Russia is aiming to expand its power in the Arctic Circle by acquiring unrestricted access to hydrocarbon reserves off the coast of the Norwegian Archipelago of Svalbard. Two bodies of international law govern Svalbard. The Svalbard Treaty of 1920 ascertains Norway’s sovereignty over the archipelago and permits the signatory nations, including Russia, to conduct commercial activities on the land and in the “territorial waters”. The United Nations Convention on the Law of the Sea establishes maritime zones that allow coastal states to claim exclusive rights to their territorial seas and continental shelf. Norway holds that “territorial waters” in the Svalbard …

Updating The Caroline Doctrine: A Relic In An Age Of Hypersonic Weapons, David S. Jonas, Tyler Breeden

American University International Law Review

The United States dropped “Little Boy” and “Fat Man” on the cities of Hiroshima and Nagasaki in 1945, bringing an end to World War II and killing between 110,000 and 210,000 people. Japan surely needed much more than rock and roll to help them—especially since Japan had no nuclear weapons of their own to deter the United States from attacking with nuclear weapons. Nuclear weapons technology has evolved considerably in the years since 1945, when only the United States possessed nuclear weapons. Nine states now have or are suspected of having them, and at least one other state appears to …

Towards A New Orbit: Addressing The Legal Void In Space Mining, Rebekah Shields

American University International Law Review

As the world’s technologies and capabilities to participate in space mining continue to progress at a rapid rate, the international community must consider what steps are necessary to maintain safety and peace in a largely unregulated field. Accordingly, this Comment will argue that when major spacefaring nations inevitably pass legislation allowing the ownership of space resources, they will be in violation of Article II of the Outer Space Treaty which prohibits the appropriation of celestial bodies by any state.

Part II will begin with an overview of the natural resources that exist in space by highlighting the economic and societal …

Destruction And Discrimination: How France Violated The Fundamental Rights Of Irregular Migrant Children In Mayotte, Molly E. Smith

American University International Law Review

Articles 2 and 3 of the United Nations Convention on the Rights of the Child (UNCRC) guarantee freedom from status-based discrimination in any state action involving children and require states to properly consider children’s best interests. Despite France’s position as a UNCRC state party, its government denied access to housing and conducted improper detention and expulsion procedures based on the irregular migratory status of children in its small overseas department of Mayotte. This Comment argues that France therefore violated international human rights law under UNCRC Articles 2 and 3. Furthermore, this Comment recommends three possible action steps, particularly that France …

Equality And Human Rights: Confronting Racial Discrimination Introduction, Claudia Martin, Diego Rodríguez-Pinzón

American University International Law Review

Introduction of this special issue of the American University International Law Review and the Academy on Human Rights and Humanitarian Law and acknowledgments.

Developments At The United Nations International Law Commission On Sea-Level Rise, Claudio Grossman Guiloff

American University International Law Review

This article examines some of the challenges presented by the phenomenon of sea-level rise in relation to international law with a focus on the analysis undertaken by the Study Group on Sea-Level Rise (“Study Group”) of the United Nations International Law Commission (“ILC”).

Discussant Commentary On The Twenty-Sixth Annual Grotius Lecture, Julian Aguon

American University International Law Review

Grotius Lecturer Dame Meg Taylor and Distinguished Discussant Julian Aguon provided the Twenty-Sixth Annual Grotius Lecture on Wednesday, April 3, 2024 at 5:00 p.m.

Interrupting Cyclical Trauma: Transitional Justice In The Philippines, Maria Jardeleza

Human Rights Brief

To interrupt the cycles of human rights abuses in the Philippines, the approach to transitional justice must incorporate an understanding of its unique history of abuses. A reliance on both domestic and international justice systems, as well as the promotion of leaders that will build a foundational respect for the rule of law can position the nation to effectuate a more peaceful future.

Cruel And Unusual Punishment: A Human Rights-Based Argument For Extending The Eighth Amendment To Capital Punishment Methods, Brittany Walker

Human Rights Brief

Though Americans generally support capital punishment, there are many issues with how states currently choose to execute individuals, including concern that the different execution methods used by states to carry out capital punishment violates the Eighth Amendment of the U.S. Constitution, lack of regulation of states and lack of accountability. Further, certain execution methods may violate the International Covenant on Civil and Political Rights (ICCPR). This article suggests recommendations for state legislatures, the United States Congress, and the Supreme Court for ensuring the humane treatment of individuals during an execution.

Advocating For Equality: Restoring Same-Sex Marriage Recognition In Bermuda, Coleman Watts

Human Rights Brief

In May 2017, Bermuda made significant strides towards marriage equality by legalizing same-sex marriage. Following the general elections in mid-2017, Bermuda’s newly elected PLP (Progressive Labour Party) government enacted legislation in December 2017 to replace same-sex marriage with domestic partnerships. This article suggests arguments that may be used to challenge the revocation of same-sex marriage rights in Bermuda.

The Inter-American Court Of Human Rights Address "Obstetric Violence" In Rodriguez Pacheco Et Al. V. Venezuela, Lily Cantor

Human Rights Brief

The Inter-American Court of Human Rights (“the Court”) decision on reparations and costs in the case of Rodriguez Pacheco et al. v. Venezuela is one of several that the Court analyzed in recent years relating to women’s obstetric health, indicating a rising interest in the area of reproductive rights.

Is Life Imprisonment Without Parole Still Degrading Treatment Under The Echr?, Aykhan Dadashov

Human Rights Brief

After the European Court of Human Rights (“ECtHR”) decided Hutchinson v. The United Kingdom in 2017, debates about ECtHR’s position on life sentences without the possibility of parole arose. Some scholars deem the decision a departure from the ECtHR’s principles in Vinter and Others v. The United Kingdom, which held that non-reducible life sentences are a violation of Article 3 of the European Convention on Human Rights. Although the ECtHR came to different conclusions in Hutchinson and Vinter, the ECtHR still considers life imprisonment without parole inhuman or degrading treatment or punishment. Irreducible life imprisonment is still incompatible …

Truth Or Accountability: The Human Rights Violations Of The Northern Ireland Troubles Legacy And Reconciliation Act Of 2023, Mckenzie Gallagher

Human Rights Brief

On January 17, 2024, the Republic of Ireland lodged an inter-state complaint in the European Court of Human Rights (“ECtHR”) against the United Kingdom. The complaint came after the United Kingdom passed the Northern Ireland Troubles (Legacy and Reconciliation) Act of 2023. Among other things, the Legacy Act grants immunity to persons who provide information related to any crimes committed during the Troubles, an intense period of political unrest and violence in Northern Ireland between Catholic Republicans and Protestant Loyalists.

To hold the United Kingdom accountable for human rights violations stemming from the Legacy Act, an ECtHR ruling paired with …

Forced Disappearances In Latin America Are Not Relics Of The Past, Taylor Potenziano

Human Rights Brief

Forced disappearances were endemic to Latin American dictatorships in the late twentieth century. During the Cold War and beyond, more than one hundred thousand Latin Americans were subjected to forced disappearances under authoritarian governments. To date, more than 200,000 people have gone in Brazil alone between 2019 and 2021. Because disappearances are not criminalized in Brazil, Brazilian legislatures do not feel the need to specify the cause of the disappearances.

Human Rights Lawyering In The 21st Century, Gemma Muirhead, Adrian Niedermann, Ailsa Ferland, Gloria Nunez, Kate Beckham, Leena Alsayab

Human Rights Brief

On Friday, March 8, 2024, the Human Rights Brief at American University Washington College of Law (WCL) held its annual symposium entitled Human Rights Lawyering in the 21st Century. It was organized by the Symposium and Education Editor Gemma Muirhead and the Junior Staff Symposium team including Adrian Niedermann, Ailsa Ferland, Gloria Nuñez, Kate Beckham, and Leena Alsayab. Together, the team curated a day full of empowering lectures, inspiring panels, and insightful attendee questions posed to the panelists. The following article is intended to be a resource documenting the event.

Legal Reforms And Women’S Rights Advocacy In Africa, Emelyne Calimoutou Dr.

Human Rights Brief

Although Gambia enacted the Women’s (Amendment) Act in 2015, which criminalized female genital mutilation and imposed penalties of up to three years in prison, the parliament is currently deliberating on a bill to overturn the Act.

The prospect of Gambia becoming the first country to reverse legislation against female genital mutilation is alarming, not only for its immediate implications on women’s health, but also for the precedent it could set for other states. It serves as a reminder of the fragility of women’s rights protections in the face of deeply entrenched social practices and underscores the urgent need for a …

Forging Ahead: Protecting Against Forced Labor In Global Supply Chains And The Evolving Landscape Of Labor Rights, Gemma Muirhead

Human Rights Brief

Historically, trade agreements primarily focused on facilitating economic exchange between nations, with little direct consideration given to the treatment of individuals within those countries. Issues of human rights were often addressed through separate channels such as boycotts, NGO campaigns, international pressure, and United Nations interventions, but were not inherently linked to trade agreements themselves. Over time, the adoption of sanctions and other unilateral trade measures aimed at enhancing transparency concerning human rights abuses in foreign supply chains has gained traction, particularly in the United States and the European Union. These jurisdictions frequently apply sanctions for diverse purposes, including fostering democratic …