Law Commons^™

The Flag Can Travel But The Constitution Must Ask Permission: How The First Circuit And The District For Puerto Rico Commit To Equal Protection Without Abandoning The Insular Cases Doctrine, Alejandro J. Anselmi González

University of Miami Inter-American Law Review

For American citizens, one of the most important safeguards guaranteed by the Constitution of the United States is the equal protection of the law. The United States prides itself on the doctrine and jurisprudence of equal protection because of the social progression achieved since the end of the Civil War. The Reconstruction Amendments to the Constitution eliminated the institution of slavery and were supposed to guarantee equal civil and legal status to all citizens. The Constitution, however, has not been consistently interpreted in this way since the end of the Spanish-American War in 1898. The nation emerged from this conflict …

Covid–19, Housing And Evictions: A Comparative Case Study Of Housing Law And Policy In The United States And Argentina Through An International Human Rights Lens, Lily Frances Fontenot

University of Miami Inter-American Law Review

This Note seeks to address the impact of international human rights obligations on domestic housing laws and policies through a comparative case study of Argentina and the United States. Specifically, it will discuss each country’s response to the COVID-19 pandemic, their housing obligations under international human rights law, and how each country is addressing their own unique housing and eviction crises. Finally, this Note will offer recommendations on how each country should modify their housing policies in light of the pandemic in order to comply with international human rights standards.

Legal And Ethical Implications Of U.S. And Canadian Vaccine Contracts: The Impact Of Vaccine Nationalism On The Global Pandemic Response, Ryan S. Tahiri

University of Miami Inter-American Law Review

This note explores the COVID-19 vaccine contracts between the U.S. and Canada and the impact of these types of agreements on the global pandemic response. These “pre-purchases,” many of which were executed before the development of a vaccine, have afforded a select few nations the opportunity to stockpile vaccines, while other nations with fewer resources are unable to secure any doses. An effective method to counter the effects of the pandemic is the creation of a global vaccine network that provides equitable access to vaccine doses for nations in need. COVAX was launched to ensure that lower and middle-income nations …

A Human Rights Crisis Under Our Roof, Aglae Eufracio

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

Maternity Rights: A Comparative View Of Mexico And The United States, Roberto Rosas

The Scholar: St. Mary's Law Review on Race and Social Justice

Women play a large role in the workplace and require additional protection during pregnancy, childbirth, and while raising children. This article compares how Mexico and the United States have approached the issue of maternity rights and benefits. First, Mexico provides eighty-four days of paid leave to mothers, while the United States provides unpaid leave for up to twelve weeks. Second, Mexico allows two thirty-minute breaks a day for breastfeeding, while the United States allows a reasonable amount of time per day to breastfeed. Third, Mexico provides childcare to most federal employees, while the United States provides daycares to a small …

Organic Waste Bans: Beyond The Compost Heap, David Lee

Journal of Food Law & Policy

Food waste and food insecurity are strange bedfellows, but in the United States they shamelessly walk hand-in-hand. The USDA’s Supplemental Nutrition Assistance Program (“SNAP”) and the Emergency Food Assistance Program (“TEFAP”) are two federal programs that provide for large numbers of people in the United States. Local food recovery and donation programs serve their communities as the “backbone of the America hunger response" efforts. While many American households continue to report their struggles with food insecurity, heaping piles of good food go to waste. The repercussions of wasted food are vast, taxing American wallets, wasting our resources with every bit …

Immunity As An Integral Aspect Of Tribal Sovereignty: An Analysis Of The Supreme Court Case Michigan V. Bay Mills Indian Community, Meghanlata Gupta

The Yale Undergraduate Research Journal

While Native nations in the United States have tribal sovereignty—that is, the inherent freedom and authority to govern themselves without outside control—non-Native actors have often challenged this institution within legal and political spaces. The United States court system, starting with the Marshall Court, has often attempted to define aspects of Indigenous sovereignty and federal-tribal relationships. The 2014 US Supreme Court case Michigan v. Bay Mills Indian Community is no exception, raising questions of sovereign immunity in the context of Indian gaming, tribal-state relationships, and land trusts. This paper first provides a general context for the case, identifying relevant historical events …

Zero Sympathy: Unaccompanied Minors' Rights In The Us Immigration System, Mahrukh Ali

Indiana Journal of Global Legal Studies

This note analyzes the US Government's approach to unaccompanied minors and the webs they must navigate when they are apprehended by the US immigration system. More importantly, this note calls for reformative approaches to children's rights through acknowledging the differences between adults and children while simultaneously taking their vulnerability and autonomy into account. After explaining the migrant crisis along with its implications and examining the underlying reasons fostering this movement, this note discusses the legal options available for unaccompanied minors. It draws on the shortcomings of the immigration system as the system labels unaccompanied minors as dependent children, but also …

Calling The Shots: Balancing Parental And Child Rights In The Age Of Anti-Vax, Mahrukh Badar

Indiana Journal of Global Legal Studies

Vaccinations have become a contentious issue in recent times. Although there has always been opposition to vaccines, the internet has made it possible for pseudoscience and false information to spread like never before. This has led to alarming declines in vaccine confidence and adherence rates globally. High-income countries have seen the sharpest drop in vaccine confidence rates. Factors such as the complacency effect and religious objections likely explain this decline. Most countries have attempted to raise vaccine confidence levels by enacting laws that make vaccinations for children compulsory, with strict penalties for parents who refuse to comply. In addition to …

How The World's Largest Economies Regulate Data Privacy: Drawbacks, Benefits, & Proposed Solutions, Alexander J. Pantos

Indiana Journal of Global Legal Studies

National data privacy regimes are quickly gaining traction and ubiquity around the globe. Moving forward, countries will face a range of difficult decisions surrounding how best to engage internationally in cross border data flow, particularly in the context of personal information (PI).

This article takes a bird's-eye view of the current state of data privacy regimes in the world's four highest GDP regions. In part, this article hopes to provide a succinct analysis of these data privacy regimes, with a focus on the balance they strike between granting individuals rights in their data and placing responsibilities on businesses that deal …

One Child Town: The Health Care Exceptionalism Case Against Agglomeration Economies, Elizabeth Weeks

Utah Law Review

This Article offers an extended rebuttal to the suggestion to move residents away from dying communities to places with greater economic promise. Rural America, arguably, is one of those dying places. A host of strategies aim to shore up those communities and make them more economically viable. But one might ask, “Why bother?” In a similar vein, David Schleicher’s provocative 2017 Yale Law Journal article, Stuck! The Law and Economics of Residential Stagnation, recommended dismantling a host of state and local government laws that operate as barriers to migration by Americans from failing economies to robust agglomeration economies. But Schleicher …

Does It Really Matter?: Making The Case For A Materiality Requirement In False Claims To U.S. Citizenship Under The Immigration And Nationality Act, Elizabeth Montano, Edward F. Ramos

University of Miami Law Review

Materiality plays an important role in limiting the reach of laws that penalize misrepresentations. Laws that include no materiality element punish any covered misrepresentation regardless of its relevance—like lying about hair color on a loan application. By contrast, laws that include a materiality element withhold punishment for immaterial misrepresentations of that kind—in other words, misrepresentations that have no tendency to affect the ultimate decision.
Our immigration laws make it a deportable offense for a noncitizen to “falsely represent” herself as a U.S. citizen for a purpose or benefit under the law. Although this law has been on the books for …

Legal Lying?, Robert Angyal, Nicholas Saady

Pepperdine Dispute Resolution Law Journal

Mediation has become very common in the USA and Australia—at least partly because of court-mandated mediation initiatives. Lawyers often represent clients at mediations, so the increased use of mediation makes it important to understand how both jurisdictions regulate lawyers’ advocacy on behalf of their clients during mediation. This article comparatively analyzes how professional standards regulate the truthfulness of lawyers’ advocacy during mediation in Australia and the United States. It focuses on uniform regulation in those jurisdictions. Part One will comparatively analyze the relevant regulations in Australia and the United States, and the types of obligations contained in those regulations—for example, …

United Nations At 75 And The Challenges Facing International Law, Ved Nanda

Pace International Law Review

On September 21, 2020, the Member States celebrated the seventy-fifth anniversary of the founding of the United Nations. In the Declaration marking the occasion, world leaders recounted the achievements of the body, including catalyzing decolonization, promoting and protecting human rights, working to eradicate disease, helping mitigate dozens of conflicts, and saving lives through humanitarian action. They also enumerated challenges the world faces, such as “growing inequality, poverty, hunger, armed conflicts, terrorism, insecurity, climate change, and pandemics.” These challenges, the Declaration said, are interconnected and can only be addressed through reinvigorated multilateralism, which, it emphasized, “is not an option but a …

Covid-19 Pandemic, The World Health Organization, And Global Health Policy, Cosmas Emeziem

Pace International Law Review

The emergence and quick spread of the COVID-19 pandemic has shifted the focus and dynamics of the debates about global health, international law, and policy. This shift has overshadowed many of the other controversies in the international sphere. It has also highlighted the tensions that often exist in international affairs—especially in understanding the place and purpose of international institutions, vis-à-vis states, in the general schema of public international law. Central to the international response to the current pandemic is the World Health Organization (WHO)—a treaty-based organization charged with the overarching mandate of ensuring “the highest possible level of health” for …

Europe: A Strategy For A Regional And Middle Power, Jean-Yves Haine, Cynthia Salloum

The US Army War College Quarterly: Parameters

As the European Union deals with yet another crisis— the COVID-19 pandemic—it must adopt a grand strategy based on unity, policy, and proportionality: cohesion over inaction, policy over process, and regional imperatives over global ambitions. An analysis of past strategy documents and a study of current international trends stress the need for a Union capable of shaping its own environment rather than reacting to it. The pandemic should accelerate Europe’s journey toward power maturity and responsibility.

Information Age Imperialism: China, ‘Race,’ And Neo-Colonialism In Africa And Latin America, James Dever, Jack Dever

University of Miami Inter-American Law Review

No abstract provided.

The Right To Food In Puerto Rico: Where Colonialism And Disaster Meet, Gabriela Valentín Díaz

University of Miami Inter-American Law Review

No abstract provided.

The Right To Live: How North Atlantic Right Whales Are Going Extinct Despite Environmental Protections, Justin Weatherwax

University of Miami Inter-American Law Review

No abstract provided.

Pepperdine University School Of Law Legal Summaries, Jessica Linton

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

The Global Rise Of Judicial Review Since 1945, Steven G. Calabresi

Catholic University Law Review

This article expands upon the theory put forth in Professor Bruce Ackerman’s book, Revolutionary Constitutions: Charismatic Leadership and the Rule of Law, in which he posits that twentieth century revolutions in a variety of countries led to the constitutionalization of charisma, thus binding countries to the written constitutions established by their revolutionary leaders.

Constitutional law scholar, Steven G. Calabresi, argues here that world constitutionalism, in fact, existed prior to 1945, and what is especially striking about the post-1945 experience is that the constitutionalism of charisma included not only the adoption of written constitutions, but also the adoption of meaningful …

International Differences In Support For Human Rights, Sam Mcfarland Ph. D.

Societies Without Borders

International differences in support for human rights are reviewed. The first of two sections reviews variations in the strength of ratification of UN human rights treaties, followed by an examination of the commonalities and relative strengths among the five regional human rights systems. This review indicates that internationally the strongest human rights support is found in Europe and the Americas, with weaker support in Africa, followed by still weaker support in the Arab Union and Southeast Asia. The second section reviews variations in responses to public opinion polls on a number of civil and economic rights. A strong coherence in …

Putting Paper To Pen: Generation Juul's Case For Harm Reduction, Liz Emanuel

Indiana Law Journal

Part I of this Note soberly explores and delineates the perceived and real threats of vaping for America’s youth, concluding with an analysis of the socioeconomic and developmental health effects of nicotine addiction. Part II delves into the federal government’s response to e-cigarettes as well as the powers and limitations of federal regulation under the Food and Drug Administration’s (FDA) “Deeming Rule” and the potential effectiveness of an increase in the national tobacco purchase age or a federal ban on flavored vaping products. Part III discusses the realistic benefits of taking a harm reduction approach to youth vaping in the …

The Olives Of Others: The United States Anti-Dumping And Countervailing Duties On Ripe Olives From Spain, Gregory Frering

American University International Law Review

No abstract provided.

Why The Legal Profession Is The Nation's Least Diverse (And How To Fix It), Sybil Dunlop, Jenny Gassman-Pines

Mitchell Hamline Law Review

No abstract provided.

Regulating Facial Recognition Technology In An Effort To Avoid A Minority Report Like Surveillance State, Halie B. Peacher

Marquette Intellectual Property & Innovation Law Review

In Steven Spielberg's science fiction film Minority Report, the film focuses on how technology is used in the future, as well as how society uses and understands that technology. Specifically, Minority Report focuses on eye-scanners that allow the police and corporations to track down and identify people on a daily basis. This movie identifies that there is a clear line that must be drawn between an individual's right to privacy and the law enforcement agency's ability to ensure safety. Like the technology in Minority Report, the use of facial recognition technology has led to much debate, mainly focused on privacy …

U.S. "Asylum Cooperative Agreements" With Central American Countries Are Unlawful, Maria Alejanda Torres

Human Rights Brief

No abstract provided.

Freedom Of The Press In U.S. Protests, Abigail Rosenthal

Human Rights Brief

No abstract provided.

The International Convention On The Elimination Of All Forms Of Racial Discrimination: An Analysis Of Article 4’S Implementation On Hate Speech In The United States, Japan, And Germany, Chioma Chukwu-Smith

Saint Louis University Law Journal

In 2017, white supremacists gathered in Charlottesville, Virginia to protest the removal of Confederate General Robert E. Lee’s statue from a public park. The “protesters” chose to voice their concerns by carrying tiki torches and spewing racist chants. The encounter began with hateful speech and ended in bloodshed and death. This is one example of how the United States, along with several other democracies, has been confronted with the question of how far they should go in limiting extreme forms of hateful, discriminatory expression.

In various countries around the world, hate speech, at its worst, has resulted in political extremism …