Law Commons^™

Reviving The Genocide Convention’S Preventive Purpose, Yonah Diamond, John Packer

Genocide Studies and Prevention: An International Journal

The contemporary discourse on genocide is dominated by international criminal law, designed to punish individuals after the fact. This article proposes a legal framework derived from Public International Law and the Genocide Convention’s original purpose to prevent genocide. We clarify the conceptual and practical differences between individual criminal responsibility for the crime of genocide and State responsibility for breaches of the Genocide Convention, including distinct standards of proof and indicia of intent. We propose correctives to prevailing errors. We argue for a more appropriate and flexible standard of proof for State breaches of the Genocide Convention. We further outline a …

Rethinking The Application Of Formal And Informal Justice Responses To Conflict Related Sexual Violence In Uganda, Josephine Ndagire

Genocide Studies and Prevention: An International Journal

Nearly sixteen (16) years since the "Agreement on Cessation of Hostilities Between the Government of the Republic of Uganda and Lord’s Resistance Army/Movement" (Juba Peace Agreement), accountability mechanisms envisaged therein have hardly provided meaningful redress, if at all, to victims of conflict-related sexual violence (CRSV). The peace negotiations took place shortly after the ICC issued arrest warrants for top commanders of the Lord’s Resistance Army (LRA) who insisted on being tried at home. In a bid to balance the demands of peace and justice, a local accountability mechanism was agreed. The mechanism would work parallel to traditional justice mechanisms in …

After Impunity: The Anti-Impunity Norm, The Colombian Special Jurisdiction For Peace, And The Future Of International Criminal Law, Max Pensky

Genocide Studies and Prevention: An International Journal

The predominance of international criminal law as a frontline response to atrocity crimes prioritizes the countering of impunity as an overarching goal. A corresponding “anti-impunity norm” identifies the legal punishment of individual perpetrators as a core requirement in legal responses to atrocities. This anti-impunity norm – the requirement to prosecute and punish – is also a legal obligation for state parties to the International Criminal Court. But the anti-impunity norm equates impunity’s opposite – accountability – with the imposition of legal punishment. This narrow interpretation of impunity places limits on states’ ability to craft context-specific responses to atrocities while also …

Beyond Hierarchy: Investigating The Role Of Complex-Fluid Structures In The Accountability Of Criminal Organizations, María Manuela Márquez Velásquez, Rodrigo Moreno

Genocide Studies and Prevention: An International Journal

Globalization and technological development have led to quick transformations in criminal organizations, adapting to new forms/degrees of control and hierarchy. Existing legal frameworks governing responsibility for atrocity crimes have developed from the experiences of Western (center) countries and their understanding of traditional warfare structures. Thus, peripheral regions have been forced to employ doctrines with weak sociological basis. New and conventional local dynamics inside organizations and their consequential fluidity challenge the applicability of traditional modes of liability when seeking their members’ accountability.

This paper inquires about the suitability of two modes of liability under ICL –perpetration through an organization and superior …

Assembling Pieces Of Accountability For The Srebrenica Genocide, Annick Pijnenburg, Nataša Nedeski

Genocide Studies and Prevention: An International Journal

The Srebrenica genocide has been the subject of multiple legal proceedings against various actors before different courts, at both the national and international level. Amongst others, the International Criminal Tribunal for the Former Yugoslavia has sentenced various individual perpetrators, the International Court of Justice has ruled on the responsibility of the Serbian state, and Dutch courts have been asked to rule on the liability of the Dutch state and the United Nations. This raises the following question: to what extent have multiple adjudicatory mechanisms across legal regimes managed to deliver accountability for the Srebrenica genocide and what are the remaining …

If Only Justice Could Heal Or Make Whole: Hard Lessons From Rwanda’S Legal Responses To Genocide And Mass Atrocity, Gerald Gahima

Genocide Studies and Prevention: An International Journal

My reflections on the limits of legal responses in Rwanda stem from both academic and lived experience. I served as Rwanda’s Deputy Minister of Justice (1996–1999), Prosecutor General (1999–2003), and Deputy Chief Justice (2003–2004) during the period after the genocide. In those roles, I had access to a large volume of information drawn from policy- making roles, case files of members of my staff, as well as my own fieldwork relating to the suffering of victims of the genocide. While I obviously believe that justice for those crimes is not in vain, my work with survivors left me with an …

Global Human Rights Sanctions: How Can They Contribute To Addressing Mass Atrocities?, Yifan Jia

Genocide Studies and Prevention: An International Journal

Global Human Rights Sanctions (GHRS) have been used in over 30 countries as a mechanism for imposing unilateral human rights sanctions on individual perpetrators. Despite the hundreds of specific sanctions that have been imposed globally, there remains a lack of understanding about how these measures function on gross human rights violations. This article seeks to explore how GHRS, as an emerging human rights mechanism, contributes to addressing mass atrocities. I categorize the functions of GHRS into two phases: post-atrocity and pre-atrocity. In the post-atrocity phase, I identify three primary objectives asserted by sanctioning states: punishing perpetrators, promoting behavioral change, and …

Reply Brief For Plaintiff-Appellant Brandon Velez, Stephen T. Martin, Seth J. Hipple, Madeline H. Meth

Faculty Scholarship

Defendants don’t want to face the evidence, including video footage, that shows them escalating a traffic stop in front of Velez’s home to a forceful arrest because Velez exercised his First Amendment rights. So, instead of dealing with the record directly, Defendants rely entirely on the district court’s (improper) view of the record, which on appeal from that court’s grant of summary judgment is subject to this Court’s de novo review. Besides ignoring the evidence that favors Velez, Defendants leave unaddressed this Court’s key cases, citing only precedent in which officers confronted wildly different circumstances from those presented here.

When …

Two Birds, Two Stones: Separating Biodiversity Conservation From Patent Law, Jessie Sadlon

Nebraska Law Bulletin (Selected Issues)

The current decline in biodiversity is faster than any other point in human history.[1] Overexploitation is the leading driver of biodiversity loss; species are harvested at unreplenishable rates. Government, non-government, and industry representatives are searching for direction in addressing this rapid species loss. In particular, the World Intellectual Property Organization (“WIPO”) is looking to channel biodiversity conservation through patent systems by instituting an origin disclosure requirement within the patent application process. This paper explores the intersection of biodiversity and innovation, contending the origin disclosure requirement is an unjustified, ineffective mechanism to effectuate biodiversity conservation.

Part II describes the biodiversity crisis …

Titanium Funds Llc, Plaintiff-Appellee V. Miu Parker, Defendant-Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT SALT LAKE COUNTY, STATE OF UTAH HONORABLE TERESA WELCH

Chad C. Rasmussen, Appellee, Lucky’s Auto Credit LLC

The Fundamental Right Of A Safe Place To Call Home: Why The United States Immigration System Needs To Reform Its Response To Humanitarian Crises, Mackenzie Biles

Journal of the National Association of Administrative Law Judiciary

As part of its overall aim to identify how the United States can more proactively intervene in humanitarian crises, this article will examine the Department of Homeland Security’s role in securing the safe arrival of migrants into the United States and helping them to thrive thereafter, using the crisis in Afghanistan as a lens. Part I outlines the U.S. involvement in Afghanistan and the events culminating in the 2021 military withdrawal, while seeking to remain mindful of this history’s complexity and nuance. Part II examines existing U.S. immigration mechanisms, with a focus on humanitarian parole, and critiques their inadequacy in …

Cover, Table Of Contents & Masthead, Kateri Son

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

An Analysis Of Due Process Hearing Decisions For “§ 504-Only” Students, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

Many empirical analyses have tracked the trends for both the frequency and outcomes of due process hearing decisions under the IDEA. However, the literature entirely lacks any such analysis of due process hearing decisions under § 504. This gap in the literature is largely attributable to two overlapping factors: these decisions are much less numerous than those under the IDEA, and they are not publicly available. The purpose of this article is to address this gap in the professional literature through an exploratory analysis of the frequency and outcomes of due process hearings for § 504-only students. Part I of …

Making Conflicts Of Interest Matter To Federally Funded Academic Research, Kimberly M. Papadantonakis

Journal of the National Association of Administrative Law Judiciary

This article first provides background on the academic science and technology enterprise and the concerns of counterintelligence agencies that prompted the White House, DOJ, and Congress to act. Section III discusses specific criminal and civil cases, focusing on where prosecutions succeeded or faltered. Section IV covers the new rules and how the agencies are implementing them. Finally, Section V analyzes themes from the cases and examines how the new rules may impact future enforcement and compliance efforts.

Legal Summaries Of Administrative Law Cases, Kimberly M. Papadantonakis

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Volume 7 (2024) Artificial Intelligence And Responsibility, Arwa Alnajashi, Danielle Derise, Philip L. Frana, David Mcgraw, Amanda Sawyer, Tatjana Titareva, Raafat Zaini, Allie Zombron

International Journal on Responsibility

The seventh volume of the International Journal on Responsibility (IJR) arrives at a crucial moment in the evolution of artificial intelligence and its integration into our academic and social fabric. As we witness the rapid advancement and deployment of AI systems across various domains, this special issue examines the multifaceted dimensions of responsibility surrounding AI technology, with a particular focus on its role in higher education and broader societal implications.

The articles in this volume contribute to our understanding of responsibility through diverse lenses, from classroom implementation to ethical design considerations. Together, they fulfill IJR’s central mission of exploring “Who …

Building Successful Justice Worker Programs: Emerging Insights From Research And Practice, Rebecca L. Sandefur, Matthew Burnett

Alaska Law Review

America's deep access to justice crisis has long seemed intractable. But new and potentially transformative models for giving people access to legal services and to their own law are emerging around the country. Among the most promising of these are community justice workers. These are people already trusted in their communities, such as social workers, librarians, health aides, community leaders, teachers, mediators, and everyday citizens who are trained to help people understand and act on the legal challenges involved in critical life issues. These issues implicate basic needs like nutrition, health, income security, shelter, education, and care of dependents, and …

Ghost Guns: A Case Study On The Tension Between Public Exigencies And Statutory Construction, Bradley Krause

Catholic University Law Review

Administrative agencies often navigate public policy issues while simultaneously handling complex and highly technical matters. When facing a public emergency, how should courts interpret these agencies’ authorizing statutes? What rules of thumb exist to guide the courts? This Comment answers these questions through a case study on ongoing litigation pertaining to a recent ATF (Bureau of Alcohol, Tobacco, and Firearms) regulation. The regulation, targeted towards ghost guns (also known as “privately manufactured firearms”), seeks to incorporate these weapons within pre-existing definitions in the ATF’s authorizing statute, the Gun Control Act of 1968 (GCA). In spite of challenges to the regulation, …

Sdilj V. 26-1 Masthead

San Diego International Law Journal

No abstract provided.

Expanding Access To Justice Through Regulatory Reform And Innovation: Arizona Lessons From The Past, Present, And Future, Samuel A. Thumma

University of Cincinnati Law Review

No abstract provided.

Table Of Contents - Vol. 55, No. 2 2024

Seton Hall Law Review

No abstract provided.

Yellowstone National Park's Record Of Decision On Bison Management, Lila Bennett

Public Land & Resources Law Review

Bison herds once roamed the American Plains by the millions and were a staple in the lives of Native Americans. By the late 1800’s, bison were nearly extinct due to the westward expansion of European settlers and over hunting. Now, there is a population of merely 30,000 wild bison in North America. Although bison no longer face threats of immediate extinction, wild herds face stark realities of disease, habitat loss, and genetic degradation.

Schutter V. State Board Of Land Commissioners, Gillian P. Ellison

Public Land & Resources Law Review

In Schutter v. State Board of Land Commissioners, the Montana Supreme Court addressed the State’s fiduciary obligation in the context of water rights appurtenant to school trust lands. Central to the Court’s holding was the State’s fiduciary duty in managing lands held in trust for the benefit of the State. By upholding the State’s claim to partial ownership of a water right originating on private land, the Schutter Court underscored the tension between private property rights and the State's trust fiduciary duties.

Flathead-Lolo-Bitterroot Citizen Task Force V. Montana, Sarah J. Leopard

Public Land & Resources Law Review

Flathead-Lolo-Bitterroot Citizen Task Force v. Montana evaluates the efficacy of the proposed 2024 gray wolf floating season in preventing harm to grizzly bears, a protected species in Montana. The Court of Appeals for the Ninth Circuit affirmed the implementation of a “serious questions” test for preliminary injunctions that is specific to Endangered Species Act cases. The Court agreed with the district court’s grant of a preliminary injunction that limited the 2024 floating season temporally, but modified the injunction in two respects, thereby narrowing its application. The Court’s holding signifies the continuation of a preliminary injunction standard that values protections for …

Cardozo Law News Brief: December 20, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Jessica Roth
• Gary Galperin
• Luis C. Calderon Gomez
• Matthew Wansley
• Samuel Weinstein
• Edward Zelinsky

Campus News:

• Presiding Justice Dianne T. Renwick '86 of the Appelate Division, First Department, To Receive Advancement of Judicial Diversity Award From the New York State Bar Association

The Changing Face And Increasingly Targeted Tool Of State Interlocutory Appeals, Elizabeth Lee Thompson

Seton Hall Law Review

No abstract provided.

A Conversation With Justice Brett Kavanaugh, Brett M. Kavanaugh, J. Joel Alicea

Catholic University Law Review

On Thursday, September 26th, 2024, the Center for the Constitution and the Catholic Intellectual Tradition at The Catholic University of America hosted a conversation between Justice Brett M. Kavanaugh and Professor J. Joel Alicea. This was the inaugural event of the new Center. The conversation covered topics such as constitutional interpretation, the separation of powers, religious liberty, and the Catholic intellectual tradition. This is a transcript of the conversation, and the text appears substantially as it was delivered. The video of the event may be found at this link: https://www.youtube.com/watch?v=2sKvSwzkmqo.

The Illusory Coverage Doctrine Is Not A Doctrine At All (But It Should Be), Shannon W. Conway

Catholic University Law Review

The Illusory Coverage Doctrine, if it ever becomes a true legal doctrine, has the potential to be an incredibly useful tool in insurance law. But courts around the country take very different approaches to the doctrine, ranging from one end of the spectrum—a hard-nosed “pro-insurer” stance where coverage is not illusory so long as a policy provides any coverage—to the other—a muscular “pro-policyholder” public policy approach that requires coverage even if some other exclusion might have prevented coverage under the applicable policy. And along the spectrum are various other iterations, contributing to the complete lack of certainty or consistency about …

To Surmount Paramount Decrees By Degrees, Harry Kazenoff

Catholic University Law Review

The United States Supreme Court in United States v. Paramount and the subsequent Paramount Decrees in 1948 were the federal government’s original attempt to address the consolidation and concentration of the movie production, distribution, and exhibition markets. The government reversed its decision in 2020 because of both changes in the film industry and a change in the legal application of antitrust law. There are two schools of antitrust law thought: structuralism and the consumer welfare standard. The former is concerned with market concentration and supports the Paramount Decrees, and the latter is concerned with prices for consumers and is skeptical …

All’S “Fair” In Love & Copyright: Copyright’S Incentivization Of Fiction Through The Second Fair Use Factor & Idea/Expression Dichotomy, Peyton J. Smetana

Catholic University Law Review

Copyright Law is supposed to encourage authors to create works of authorship, both factual and fictional. However, Copyright jurisprudence has developed to only protect expression, and not idea, to ensure the continued dissemination of knowledge. In solidifying this belief, two doctrines—Fair Use and the idea/expression dichotomy—allow for individuals to utilize other works of authorship without it being considered copyright infringement. Though widely used throughout the judicial system, the analysis for both the second Fair Use factor—Nature of the Copyrighted Work—and the idea/expression dichotomy are left without clear guidelines, leaving judges with an insurmountable task of determining what is and is …