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- Harold Koh; Transnational; Transnational Legal Process; Sovereignty; International Law; International Relations; Legal theory; Norms; state actors; states; international legal compliance; norm creation (1)
- Legislative Drafting; Statutory Interpretation; Legal Corpus Linguistics; Textualism; Purposivism; Linguistics; Corpus Linguistics; Legal Corpus Linguistics (1)
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- Social media; Copyright; Copyright enforcement; Copyright protection; YouTube; Instagram; Facebook; TikTok; European Union; Copyright Directive; Natural right; Copystrike; Meme ban; DMCA; Digital Millennium Copyright Act; Fair Use; Digital age; Content creator; YouTuber; TikToker; WIPO; World Intellectual Property Organization; Copyright Act; ByteDance; Fair Use Doctrine; Policy; Berne Convention; Member State; European Council Directive; Article 11; Article 17; Tech giant; Link tax; Censorship machine; Notice-and-takedown; Content filter; ContentID; Google; Freedom of speech; Misinformation; Global society (1)
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Articles 1 - 5 of 5
Full-Text Articles in Law
Transnational Legal Process: An Evolving Theory And Methodology, Regina Jefferies
Transnational Legal Process: An Evolving Theory And Methodology, Regina Jefferies
Brooklyn Journal of International Law
Harold Koh introduced Transnational Legal Process in 1996 as a constructivist theory of international legal compliance which draws lessons from international legal theory and the discourse between international law and international relations scholarship. This article situates Transnational Legal Process (TLP) within the broader literature on international legal compliance and traces the theory’s evolution over the years, highlighting scholarship which addresses three critical theoretical limitations: (1) insufficient description of the actors and processes of norm internalization; (2) insufficient explanation of why States internalize certain norms; and (3) insufficient identification and description of norm-creation processes. This article uses the legal origins of …
High Time For A Change: How The Relationship Between Signatory Countries And The United Nations Conventions Governing Narcotic Drugs Must Adapt To Foster A Global Shift In Cannabis Law, Alexander Clementi
Brooklyn Journal of International Law
Since the early 1970’s, the inclusion of cannabis and its byproducts in the United Nations Single Convention on Narcotic Drugs has mandated a strict prohibition on cultivation and use of the substance, which has led to a largely global practice of criminalization and imprisonment of anyone found to be in its possession. Yet recently, mostly in response to growing public health concerns, countries like Uruguay, Portugal, The Netherlands, Canada, and the United States have enacted laws which seek to decriminalize or even legalize cannabis use and possession. Yet, cannabis remains classified as a Schedule IV narcotic under the Single Convention, …
The Good, The Bad, And The Historically Anti-Semitic: An Analytical Comparison Of Anti-Hate Laws In Germany And The United States, Jamie Rauch
Brooklyn Journal of International Law
Confronted every day with drastically increasing accounts of hate crimes and hate speech, nations’ legislators have routinely tried and subsequently failed to implement effective legislation capable of curbing the hatred epidemic currently sweeping the globe. This failure is due in large part to the lack of a universal stance on hate crime regulation and criminalization. Two countries in particular, the United States and Germany, embody two diametrically opposing approaches taken by nations in the present-day war on hate speech. This Note explores the dramatic dichotomy between the legislative framework surrounding the regulation of hate speech in these two countries. This …
Copystrikes And Meme Bans: Social Media And Copyright Protections In The Digital Age, Angelina Sanchez
Copystrikes And Meme Bans: Social Media And Copyright Protections In The Digital Age, Angelina Sanchez
Brooklyn Journal of International Law
Social media is a pervasive and ever-present aspect of many peoples’ lives. Its use permeates nearly every aspect of our existence – there truly is an app for everything. Most notably, social media operates internationally both in scope and usage allowing for the creation of an astounding global society that shares cultures and perspectives in a way unprecedented in human history. Never before have societies been as interconnected as they are now. Unfortunately, such interconnectedness comes with the issue of globalizing enforcement of copyright laws. Infringement runs rampant online and forces creators to struggle against a seemingly faceless foe in …
Adding Context And Constraint To Corpus Linguistics, Jeffrey W. Stempel
Adding Context And Constraint To Corpus Linguistics, Jeffrey W. Stempel
Brooklyn Law Review
Corpus linguistics presents an exciting tool for improving interpretation of documentary language. But it would be a mistake to overvalue the tool or to use it as grounds for ejecting consideration of other data from the interpretative task. While properly operationalized corpus linguistics analysis represents an advancement over traditional textualism, it remains subject to the same problems that plague excessively rigid textualism that refuses to give consideration to contextual evidence of meaning. To be most effective in achieving accurate and just interpretative results, corpus linguistics, like traditional reading of documentary language, requires context. This includes not only the context of …