Law Commons^™

Bonehead Non-Proliferation Redux, David A. Koplow

Georgetown Law Faculty Publications and Other Works

Since the publication of my 1993 Fletcher Forum article “Bonehead Non-Proliferation,” three vitally important international developments regarding nuclear weapons have materialized. First, the 1968 Nuclear Non-Proliferation Treaty, an essential linchpin for global security, was extended by its parties in 1995 into a permanent agreement—a tremendous outcome that was not certain when my original article was published. Second, the Comprehensive Test Ban Treaty, globally prohibiting all nuclear explosions, was concluded in 1996—my article focused on the imperative for crafting such an instrument. Third, a group of distinguished senior U.S. government security officials succeeded in reviving the concept of the complete abolition …

Politics And Institutional Change: The Water Commission Act Of 1913, Mark Kanazawa

Department of Economics Working Paper Series

Economists have long argued that increasing resource scarcity can lead to more clearly defined individual property rights, but the precise mechanism whereby this occurs remains unclear to this day. This paper documents the role of politics in shaping the creation of individual property rights within the context of appropriative water law in early 20th century California, finding evidence of both party ideology and interest group influence in establishing a new system for administering appropriative water rights.

Guardrails For Discretionary Powers: A Case Comment On The State Of Tamil Nadu V The Governor Of Tamil Nadu And Another, Pranav Verma

National Law School Journal

This Case Comment argues that by prescribing timelines for the president and the governors to grant or withhold assent to bills in The State of Tamil Nadu v the Governor of Tamil Nadu, decided in April 2025, the Supreme Court did not exceed its constitutional role, as argued by some critics. Instead, it applied established administrative law principles—relevant considerations, natural justice, and absence of mala fides—to the specific power of granting or withholding assent to bills. These principles have been long used to guide the other powers of the president, the governors, and the speaker/chairman. The court thereby reinforced …

The Indian Pharmacopoeia: Enabling Open Access And Crafting A ‘Sovereign Function Exception’ For Government Works, Aparajita Lath

National Law School Journal

Standardisation of drugs and access to such standards are important levers for effective drug regulation. The Indian Pharmacopoeia, the official book of standards for drugs in the country prescribed by the Union government under the Drugs and Cosmetics Act 1940, are legally binding and enforceable. Not only do the standards have the force of law but are also government-created. The Indian Pharmacopoeia Commission (IPC), a division of the Union Department of Health and Family Welfare, has a legal monopoly over creating and publishing this compendium. Though it is legally binding, the Indian Pharmacopoeia is neither in the public domain …

The Indian Fourth Branch: Developing A New Institutional Morality, Abhinav Ravi

National Law School Journal

Contemporary discourse on democratic decline in India has often emphasised the need for stronger fourth branch institutions to safeguard constitutional democracy. However, fourth branch institutions are marked by a fundamental tension. They are deeply embedded in the very political contexts that they are designed to resist. The operational independence of fourth branch institutions is not merely a function of their design (that is, their structural independence), but also of the political climate, institutional leaders, and informal organisational factors.

Similar design features can produce divergent outcomes across time and contexts, with institutions displaying distinct phases of assertiveness and accommodation. While institutional …

The Procedural Architecture Of Climate Justice: Comparative Lessons From Regional Human Rights Courts, Indira Boutier

National Law School Journal

Climate change, once narrated through scientific data and economic costs, is now unavoidably framed as a question of rights and justice. This article examines how litigation before the African, European, and Inter-American human rights courts makes the procedural dimensions of climate justice visible. Procedural justice here is understood capaciously and includes not only rules of access, standing, and evidence, but also the recognition of corporations as duty bearers in transnational accountability regimes. A comparison of the three regions shows how colonial legacies, institutional architectures, and political economies shape the channels through which communities can contest climate harm. Litigation emerges less …

Making The Margins Visible: Dignity At Work And The Promise Of Puttaswamy—Review Of Gendered Bodies And Worlds Of Labour: Reconceptualizing Dignity After Puttaswamy Vs Union Of India, Shreya Shree

National Law School Journal

This review examines Kalpana Kannabiran and Devi Jagani’s reimagination of dignity as a framework for securing justice in gendered labourscapes. By centering a broad and dynamic understanding of dignity as a right, an inherent characteristic, and an enabling condition for rights-talk, the book advances new ways of articulating rights-claims through an intersectional and interdisciplinary reading of the Indian Constitution. The review highlights the significance of this approach in renewing understandings of the worker, labour, discrimination, and rights, while exploring its possibilities and limits in confronting violence and injustices embedded in gendered labour relations within the domestic sphere and beyond.

Five Things You Think You Know About International Arbitration That You Do Not Know (Nlsiu-Siac Annual Arbitration Lecture 2025), Lucy Reed

National Law School Journal

In the second NLSIU-SIAC Annual Arbitration Lecture delivered in April 2025, Lucy Reed takes a practice- or procedure-focused approach. Specifically, she addresses some misconceptions about international arbitration held by students and practitioners alike. She also introduces some of the new procedures in the 7th Edition of the SIAC Arbitration Rules, in effect from 1 January 2025.

Operationalising The Social Licence To Operate Along The Belt And Road: The Case For A Mediation-Focused Approach, Mark Mclaughlin

Research Collection Yong Pung How School Of Law

This article examines the intricate dynamics of community representation and stakeholder influence in the realm of international investment law. More specifically, it considers the most effective method by which to operationalise the concept of the ‘social licence to operate’ when attempting to resolve investor-state disputes. By utilising disputes relating to China’s Belt and Road Initiative as a case study, it is shown that the social impact of foreign investment projects is often a catalyst for arbitration claims. Community interests are insufficiently represented at the stage of procurement or admission of investment, which has led to violent clashes between investors and …

Summer 2025: Retrograde

The Weldon Times

A student-run publication from the Schulich School of Law at Dalhousie University.

Co-Editors in Chief: Kimberly Gilson, Carleigh MacKenzie

Graphics & Layout: Kimberly Gilson

Methane Removal Under The Paris Agreement, Romany M. Webb

Sabin Center for Climate Change Law

In the 2015 Paris Agreement, the international community agreed to “strengthen the global response to climate change” by limiting the “increase in global average temperatures to well below" 2 degrees Celsius above pre-industrial levels, and ideally to 1.5 degrees Celsius. As recognized in the Agreement, to stay within these limits, global greenhouse gas emissions must be rapidly reduced, “so as to achieve a balance between anthropogenic emissions by sources and removals by sinks of greenhouse gases in the second half of this century” — a situation commonly described as “net zero.” The need to reach net zero has prompted growing …

Varied Legal Parameters Shape Fiduciaries’ Ability To Act On Climate Risk, Cynthia Hanawalt, Andy Fitch

Sabin Center for Climate Change Law

Commentators who advocate either for or against corporate and asset managers addressing climate risks often refer to “fiduciary duty” as justification for their claims. Yet no field of corporate or asset management actually imposes one standalone fiduciary duty. Nor do any two business-law fields impose the same fiduciary regime. Instead, these fields adopt differing arrays of fiduciary duties to address various types of relationships, comprising a different blend of affirmative obligations and/or prohibitions, assessed with different degrees of strictness by enforcers and courts. As a result, overgeneralizations about fiduciaries’ duty in all business-law contexts tend to further obscure what a …

Table Of Contents - Cardozo International & Comparative Law Review, Vol. 8, Iss. 3

Cardozo International & Comparative Law Review

No abstract provided.

Benjamin Ferencz In The Cold War, Noah Weisbord

Cardozo International & Comparative Law Review

The article explores Benjamin Ferencz's advocacy for international law and his role in shaping the legal frameworks of the post-World War II era, particularly his efforts to define aggression and establish the International Criminal Court. It contrasts Ferencz's idealism with the pragmatic approaches of Henry Kissinger and the diplomatic strategies of Dag Hammarskjold, highlighting the challenges of the Cold War international order and its failure to address individual threats, exemplified by A.Q. Khan's nuclear proliferation.

Furthering The Legacy Of Benjamin B. Ferencz: Amending The Rome Statute’S Jurisdiction Over The Crime Of Aggression, Jennifer Trahan

Cardozo International & Comparative Law Review

The article advocates for amending the Rome Statute to strengthen the International Criminal Court's (ICC) jurisdiction over the crime of aggression. It argues that the current jurisdictional regime, established by the 2010 Kampala amendments, is too limited, creating double standards and undermining the rule of law. The author calls for harmonizing the ICC's jurisdiction over the crime of aggression with its jurisdiction over other crimes, such as genocide and war crimes, to ensure consistent and universal accountability.

The Unique Function Of The Crime Against Humanity Of Other Inhumane Acts In The Progressive Development And Codification Of International Criminal Law, David Donat Cattin

Cardozo International & Comparative Law Review

The article explores the evolution and role of "other inhumane acts" as a residual category within the definition of crimes against humanity, tracing its development from the Nuremberg trials through the Rome Statute of the International Criminal Court (ICC). It highlights the potential of this category to adapt to new forms of atrocities and discusses the challenges and opportunities in aligning future treaty developments with existing legal frameworks.

Exceptions To The International Customary Law Rule On Head Of State Immunity Under International Criminal Law, Daniel D. Ntanda Nsereko

Cardozo International & Comparative Law Review

The article examines the tension between head of state immunity and the pursuit of justice in international criminal law. It argues that while some nations and regional bodies, like the African Union, assert immunity for heads of state, international institutions such as the International Criminal Court (ICC) reject this principle, emphasizing the rule of law and accountability. The ICC's jurisdiction, particularly through UN Security Council referrals, overrides state consent, challenging traditional notions of immunity. The article posits that states must adhere to their treaty obligations, such as the Rome Statute, and cannot unilaterally opt out for political expediency, reinforcing the …

No More Mixed Message, Missing Money: Revisiting The Birth Of Icl’S Victim Restoration-Reparations Regime To Conceptualize Its Modern Reform, Gregory S. Gordon

Cardozo International & Comparative Law Review

The article argues that the International Criminal Court's (ICC) system for victim reparations is fundamentally flawed due to mission dissonance between its punitive and restorative goals, insufficient funding, and procedural limitations. It proposes the creation of an independent Atrocity Victim Reparations Tribunal (AVRT) under the UN to address these issues, ensuring more effective and victim-centered reparations.

Using Ai To Promote Student Learning Through Preparation For And Reflection About Simulations, John Lande

Faculty Publications

This article provides model language for a course assignment in which students use artificial intelligence (AI) tools to prepare for and reflect on simulations. The assignment promotes deep learning and supports formative assessment by helping faculty see how students think, make choices, and develop insights. Students upload the simulation materials and the assignment to an AI tool, use it to plan for the simulation, and return to the same chat afterward to reflect. They then ask the AI to generate a draft paper, which they revise using the Track Changes feature in Word. Faculty can use the same feature to …

The Expungement Process: Survey Evidence On Applicant Experiences, Mira Edmonds, J.J. Prescott, Sonja Starr, German Marquez Alcala

Articles

Tens of millions of Americans with publicly accessible criminal convictions face significant collateral consequences that affect their employment, housing, and family life, which not only harm these individuals but also limit society’s access to their skills, productivity, and participation. In response, policymakers have enlarged the scope and enhanced the accessibility of criminal-record expungement laws. Little is known, however, about how individuals perceive, navigate, and take advantage of these new, broader laws. This Article presents findings from a large-scale survey of 1,439 expungement applicants and recipients in Detroit, conducted in partnership with Project Clean Slate (PCS), a city initiative assisting residents …

From One Stolen Generation To Another: Replicating Trevorrow In American Courts, Jennifer Grubman

Cardozo International & Comparative Law Review

The note examines the historical injustices of Indian boarding schools in the United States and argues that survivors may assert fiduciary duty claims under the Indian Tucker Act to seek redress for the government’s mismanagement of tribal funds and the cultural trauma caused by these institutions. It critiques the lack of a nationwide reparations scheme and highlights the challenges posed by the statute of limitations in pursuing legal remedies. The analysis draws parallels to the Stolen Generations in Australia and emphasizes the need for a multifaceted approach to address the intergenerational harm inflicted by these policies.

Don’T Let History Repeat Itself: What The Western Sahara Conflict Can Learn From The Israeli-Palestinian Conflict, Jack Berroug

Cardozo International & Comparative Law Review

The note examines the ongoing conflict over Western Sahara, focusing on Morocco's claims of sovereignty and the international legal framework upholding the Sahrawi people's right to self-determination. It critiques Morocco's historical arguments and advocates for increased U.N. intervention to prevent escalation, while also suggesting political compromises, such as Morocco's autonomy plan, to resolve the dispute.

Bodies Are Not Battlegrounds: Sexual And Gender-Based Violence As A War Tactic: A Ukrainian Case Study, Marina Coriale

Cardozo International & Comparative Law Review

The note examines the use of sexual and gender-based violence (SGBV) as a weapon of war, with a focus on conflict-related sexual violence (CRSV) in Ukraine. It highlights the legal frameworks and precedents established by international courts and tribunals, such as the Rome Statute, the ICTY, and ICTR, to prosecute CRSV as war crimes, crimes against humanity, and genocide. The analysis underscores the challenges faced by survivors in seeking justice and the importance of addressing root causes like gender inequality. It advocates for strengthened legal mechanisms, accountability, and reparations to promote healing and deter future atrocities.

Catching Up To Technology: Mediation’S Role In The Era Of Driverless Cars, Kaitlyn Puyear

Journal of Dispute Resolution

An autonomous vehicle (AV), also known as a driverless or self-driving car, is a vehicle that can operate itself and perform necessary functions without human intervention. Autonomous vehicles have been under development since the midtwentieth century and operate with the use of cameras and radar systems to acquire information about road conditions—allowing them to choose the easiest path of travel.

Good Faith Estimates And The No Surprises Act, Stuart L. Segelnick Dds, Ms

The New York State Dental Journal

Federal law requires dentists to be up front with self-pay patients about the cost of their treatment. Surprises may lead to penalties.

The No Surprises Act (NSA) went into effect on Jan. 1, 2022. This is a federal law that applies to all health-care providers, including dentists. The law gives certain rights to patients to help protect them from receiving surprise medical bills. These surprises usually occur when a person has no control over who treats them, such as during an emergency or when they are treated unknowingly by an out-of-network provider.

Interview Of Naomi Cahn, June Carbone & Nancy Levit, Naomi Cahn, June Carbone, Nancy Levit, Claire Hill, Matthew T. Bodie

Minnesota Journal of Law & Inequality

No abstract provided.

Interview Of Renee Jones By June Carbone, Renee Jones, June Carbone

Minnesota Journal of Law & Inequality

No abstract provided.

Conferences, Lightbulbs, And Gender, June Carbone

Minnesota Journal of Law & Inequality

No abstract provided.

The Homo Economicus Model Of Work Describes Men More Than Women, But Only In Weird Cultures, Thomas Talhelm, Danila Medvedev, Yin Li

Minnesota Journal of Law & Inequality

No abstract provided.

An Economic, Psychological, And Linguistic Explanation Of (Some Reasons) Why Women Don’T Get A Fair Shake, Claire A. Hill

Minnesota Journal of Law & Inequality

No abstract provided.