Law Commons^™

24-2, 2023 Masthead

San Diego International Law Journal

No abstract provided.

The Right To Vote Of Persons With Disabilities And The Difficult Relationship Between The Crpd And The European Court Of Human Rights, Francesco Seatzu, Paolo Vargiu

San Diego International Law Journal

This Article addresses the question of the right to vote of persons with disabilities in light of the recent case-law of the European Court of Human Rights. The approach of the Court is critiqued from a general perspective of non-discrimination as well as tested against Article 29 of the United Nations Convention on the Rights of Persons with Disabilities, which provides for the right to vote as a foundational element of the participation in political and public life of persons with disabilities. This Article maintains that the European Court of Human Rights’ approach, instead of creating the conditions for equality …

Make White-Collar-Offenders Pay (Additional) Tax And Subject Them To Technological Incarceration Instead Of Being A Tax Burden On Society, Mirko Bagaric, Theo Alexander, Brienna Bagaric

San Diego International Law Journal

White-collar offenders do not scare people. There is no reason to be afraid of them. Yet, they are subjected to the most serious sanction in our legal system – prison. Every white-collar prisoner costs society over $30,000 annually. Rather than punishing white-collar offenders in a way that further depletes the public revenue, we should compel them to remedy the damage they have caused by paying additional tax. There are more intelligent, evidence-based approaches to dealing with white-collar offenders. The objectives for dealing with white-collar offenders should be to impose penalties that are proportionate to the seriousness of the crimes; ensure …

Strengthening International Institutions By Enforcing Norms: The Way Forward For Prosecuting Aggression, Dr. Nadia Ahmad

San Diego International Law Journal

Strengthening institutions that enforce the prohibition on the use of force and prevent aggressive acts of war should be a priority in international law, as it struggles to respond collectively to the Russian invasion of Ukraine. Aggression is both prohibited in the Charter of the United Nations and in the Rome Statute, and the United Nations Security Council is blocking enforcement action in both international institutions. This Article explores alternative avenues of accountability for the crime of aggression in international law, and recommends the United Nations General Assembly, with the government of Ukraine, establish a hybrid international tribunal for aggression …

Star Trek, Star Wars, Or Battlestar Galactica—The Occurring Privatization Of Space Exploration, And The Need For “Global” Regulations, Marty Levers

San Diego International Law Journal

Privatized space travel is not innately bad because of its commercial nature. Commercialization leads to efficient innovation; and our scientific pursuits benefit from advancements in technology in every space-related industry. This is not to say that privatized space travel is not without disgust and dissenters. As a dissenter, Buzz Aldrin questioned Elon Musk’s Mars proposal by arguing, “Well, now, when your [rocket] lands on Mars with people, is there going to be anything down there for you to live in or do?” Buzz Aldrin is not alone in his questioning of the motives behind mega corporations’ space projects. Billionaire-funded space …

Outdated United States' Online Copyright Infringement Practices: What We Can Learn From The International Community, Ian Carstens

San Diego International Law Journal

Current United States practices and regulations regarding what is known as “the Server Test,” the DMCA, and online piracy need to be studied and brought into the realities of the modern world. With new technologies and uses being invented for the internet every day, the U.S. cannot afford to drag its heels any longer or it risks their statutory and case law becoming dangerously underequipped to deal with daily life. This paper proposes that the United States government listen to its own departments, the wishes of its citizens, and the examples being broadcasted internationally to form a new system to …

Cardozo Co-Hosts Annual Deans Leadership Academy Alongside Scalia Law, Benjamin N. Cardozo School Of Law

Cardozo News 2023

Cardozo School of Law Dean Melanie Leslie and Scalia Law School Dean Ken Randall welcomed 90 attendees to the third annual Deans Leadership Academy on June 15-16.

Ochoa, Big Ten Law Deans Pledge Support For Diversity Ahead Of Scotus Affirmative Action Ruling, The Indiana Lawyer

Christiana Ochoa (7/22-10/22 Acting; 11/2022-)

s the U.S. Supreme Court prepares to hand down a decision that could fundamentally alter affirmative action, a group of law school deans — including Dean Christiana Ochoa of the Indiana University Maurer School of Law — has issued a statement affirming the deans’ commitment to diversity.

The group of 15 deans represent Big Ten law schools, including IU Maurer. In their statement — which IU Maurer posted to its official Facebook page — the deans say they are “joining together to affirm our commitment to advancing diversity, equity, and inclusion through legally permissible means, regardless of the outcome of …

Lillian Ackley, Petitioner / Appellant, V. Utah Labor Commission And Lowes, Respondents / Appellees : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Utah Labor Commission

Mark D. Dean, Kristy L. Bertelsen, Attorneys for Respondent, Lowes, Christopher C. Hill, Counsel for Labor Commission of Utah

Michael G. Belnap, Stony Olsen

Book Review: Kumar, Ashwani. (Ed.). (2022). Engaging With Meditative Inquiry In Teaching, Learning, And Research: Realizing Transformative Potentials In Diverse Contexts. New York, Ny: Routledge., Giovanni Rossini Phd

Journal of Contemplative and Holistic Education

Book Review of following text:

Kumar, Ashwani. (Ed.). (2022). Engaging with Meditative Inquiry in Teaching, Learning, and Research: Realizing Transformative Potentials in Diverse Contexts. New York, NY: Routledge.

Lillian Ackley, Petitioner/Appellant, V. Utah Labor Commission And Lowes, Respondents/Appellees. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Utah Labor Commission

Mark D. Dean, Kristy L. Bertelsen, Attorneys for Respondent, Lowes, Christopher C. Hill, Gencral Counsel, Counsel for Labor Commission of Utah

Michael G. Belnap, Stony Olsen

The Black Sea Grain Initiative: Russia’S Strategic Blunder Or Diplomatic Coup?, Raul (Pete) Pedrozo

International Law Studies

On July 22, 2022, Ukraine, the Russian Federation, Türkiye, and the United Nations signed a groundbreaking agreement to allow for the safe transport of grain, related foodstuffs, and fertilizer from three Ukrainian ports to global markets. Concurrently, a second (lesser known) agreement was concluded between the United Nations and Russia that would allow the unimpeded export of Russian food and fertilizer (including raw materials to produce fertilizers) to world markets. These agreements were hailed as a critical solution for the impending global food crisis and the safety and security of neutral shipping in the Black Sea resulting from the Russia-Ukraine …

Things Aren't What They Seem To Be, Monsour Owolabi

Writing Beyond the Prison Living Archive

poetry

Proving Intra-Racial Discrimination In The U.S. And Canada: The Room For Making The Artificial Distinction Between Genealogical Relatedness And Race, Martin Kwan

University of Miami Inter-American Law Review

This article takes the role of the Devil’s advocate in order to question the judicial willingness to distinguish “race” from comparable notions. It suggests that, depending on the exact circumstances, a defendant can make an arguable case that the alleged intra–racial discrimination is motivated by perceived genealogical relatedness, but not because of belonging to the same “race.” Factually, the defendant claims to believe in being remotely genealogically related to the plaintiff. This is not unworthy of credence, because it is academically recognized that modern genealogy and root tracing can be an imaginative, forged exercise. Legally, this argument is supportable because …

The Law Of The Territories Of The United States In Puerto Rico, The Oldest Colony In The World, Carlos Iván Gorrín Peralta

University of Miami Inter-American Law Review

The territorial law and policy of the United States changed towards the turn of the 20th century, as territorial expansion was no longer motivated by the extension of national borders, but by geopolitical, strategic and economic objectives. The new territories acquired in the Spanish American war were different from those previously annexed. The resulting constitutional doctrine of the Insular Cases differentiated the previous incorporated territories from the new unincorporated territories, which were not destined to be part of the U.S. nor to be admitted as new states. Despite purported changes in the relation with the United States in 1950-1952, Puerto …

The United States Should Take A Page Out Of Canadian Law When It Comes To Privacy, Genetic And Otherwise, Ashley Rahaim

University of Miami Inter-American Law Review

Genetic information is intimate and telling data warranting privacy in public and private realms. The privacy protections offered in the United States and Canada vastly differ when it comes to genetic privacy. Search and seizure law mirrors the privacy gap in the countries, as well as their treatment of DNA database information.

This note explores the foreshadowing of the creation of genetic privacy laws and their varying levels of protection based on the way private information was treated by state actors through search and seizure caselaw, the creation of legal precedent, and the treatment of intimate personal data in the …

To The Court Of Last Resort: A Prosecutorial Roadmap In The Aftermath Of State Violence In Chile And Colombia, David F. Scollan

University of Miami Inter-American Law Review

A great deal of academic research and writing has been done on the most glaring examples of war crimes and crimes against humanity. But, only a small cadre of authors have endeavored to identify the ‘lower limit’ of when state action qualifies as these heinous acts. This Note strives to add to that area of legal scholarship aimed at bringing instances of in-country state perpetrated violence out from the behind the veil of sovereign police action and into the spotlight to call them what they are: crimes worthy of international condemnation and punishment. Specifically, this Note unpacks two spasms of …

Are We Atoning For Our Past Or Creating More Problems: How Covid-19 Legislative Relief Laws Are Shaping The Identities Of Indigenous Populations In North America, Samuel Kramer

University of Miami Inter-American Law Review

This student’s note will attempt to answer three questions: 1) How Canadian and American legal precedent affects the modern identity of Indigenous Populations? 2) How COVID-19 legislative relief continues to shape indigenous identities? and 3) Can a comparative study teach legislators about enacting legislation that withstands shifts in political climates?

Cuban Protests In 2021: An Opportunity To Implement Alternatives To Sanctions, Barbara Jimenez

University of Miami Inter-American Law Review

The relationship between the United States and Cuba can be described as anything but simple. In fact, it is the intricacy of the relationship that inspired this Note. A key point in the complex relationship between the United States and Cuba was the United States’ decision to impose the embargo in 1962. Since 1962, Cuba’s relationship with the United States, and its allies, changed entirely. While the embargo poses an economic sanction, the United States, throughout the years, has placed sanctions on Cuban officials as a result of human rights violations in Cuba. Broadly, sanctions target the officials and freeze …

A Reflection On Contemporary Issues Regarding The Death Penalty, Talia R. Harmon, David Taylor, Chelsea Henning

Journal of Criminal Justice and Law

The general trend in the use and application of the death penalty is an increasing movement toward abolition. This is reflected in the repeal of state death penalty laws, state moratoriums, and the reduction in executions and death sentences. The nature of the death penalty debate has also changed in the past two decades. Radelet and Borg (2000) provided an exhaustive overview of the nature of the debate surrounding capital punishment. This comment updates and reflects on some of the crucial contemporary scholarship that has been done in the following six central areas: incapacitation, deterrence, caprice and racial bias, retribution, …

Cita B. Litt, And Jack Litt, Llc, Plaintiffs / Appellants, V. Haynie & Co., David Peterson, And Daniel Baird Defendants / Appellees : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On Appeal from the Third Judicial District Court, Salt Lake County The Honorable Keith Kelly

Vincent J. Velardo, Thomas J. Rollins, Attorneys for Defendants/Appellees

John W. Mackay, Ryan W. Smith, Attorneys for Plaintiff/Appellant

Defining Open Scholarly Infrastructure: A Review Of Relevant Literature, Saman Goudarzi, Richard Dunks

Copyright, Fair Use, Scholarly Communication, etc.

This report outlines IOI’s initial attempt towards a framework for understanding open infrastructure for research and scholarship. For this report, we examined a body of literature that includes works across the fields of anthropology, scholarly communications, international development studies, science and technology studies, and infrastructure studies. ....

This review also makes clear that the distinguishing feature between open infrastructure and its commercially-run and -operated counterparts is the fact that its value lies not just in its ability to support productive functions but how it fosters positive and desirable social practices and values. It is insufficient to simply assert certain values …

The Fall And Rise Of Bengali Muslim Conciousness: Conceptualising The Identity Of The Bangla Universal, Habib Khan

Theses and Dissertations

The emergence of modern-nation states saw the end of the empirical era of exploitation and exercise of inherent racist tendencies towards the 'other'. However, the effect of that colonial system is still ever-present in the creation and governance of these newly independent states. While every new state aims to be 'modern', they adopt the international legal framework of the West as their own - a system they had initially wanted to escape. The concept of Muslim universality in the form of the ummah should have freed Pakistan from the shackles of its former colonial masters. Instead, this phenomenon was replaced …

Good Newsletter June 20, 2023, Seattle University School Of Law Dean

GOOD NEWSletter

No abstract provided.

Four Maurer School Of Law Students Selected As 2023 Stevens Fellows, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Four Indiana Law students have been selected as Stevens Fellows, the John Paul Stevens Foundation accounced today (June 20). Selection as a Stevens Fellow allows students to receive critical financial support while participating in unpaid summer legal internships serving the public interest.

Named after the late U.S. Supreme Court Justice, the John Paul Stevens Foundation is dedicated to promoting public interest and social justice values in the next generation of American lawyers.

Reviving The Transit Pipeline Treaty Of 1977: How A Michigan Pipeline Could Bring The Us And Canada To Arbitration, Megan Geuss

Arbitration Law Review (2009 - Present)

No abstract provided.

Sexual Assault Of Women And Adolescent Girls With Mental Disabilities, Janine Benedet, Isabel Grant

All Faculty Publications

This Report considers the research that addresses the sexual assault of women (age 18+) and adolescent girls (12-17) with mental disabilities (disabilities that affect cognition and decision-making, including intellectual disabilities present from birth, dementia, brain injury and certain psychiatric conditions.) These victims are targeted for sexual violence at rates even higher than for women generally. Yet when these women report abuse to authorities, the criminal trial process struggles to provide them with justice, while the consequences of disclosure can be severe and participation in the criminal justice process particularly traumatizing for them.

Brigham City Corporation, Third-Party Defendant / Appellant, V. Paul B. Bywater, Third-Party Plaintiff / Appellee : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

No abstract provided.

Phr & Clihhr Submission To Sgbc Policy (June 2023), Physicians For Human Rights (Phr), Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

CLIHHR Reports & Policy Submissions

This report was submitted by the Cardozo Law Institute in Holocaust and Human Rights (CLIHHR) and Physicians for Human Rights (PHR) in June 2023 as part of the consultation process for the United Nations' policy on addressing sexual and gender-based crimes (SGBC). It offers legal analysis and strategic recommendations to strengthen accountability mechanisms for SGBC under international criminal law. The submission reflects CLIHHR’s ongoing work in advancing human rights and justice for marginalized and vulnerable populations.

The Borders Of Responsibility, The Democratic Intellect, And Other Elephants In The Room, Liam Mchugh-Russell

Dalhousie Law Journal

What can André Zucca’s photos, taken during the Nazi occupation of Paris, tell us about the law to come or the challenges it will pose to lawyers, legal scholars and legal educators? In short: Zucca’s photos serve not just as a cipher for a past in need of reckoning but as a caution about abiding a present in which crisis is always just out of frame. In the throes of slow-motion apocalypse, what should an intellectual be? And for whom? In 80 years, when someone is rifling through an attic shoebox of our history, will we appear like the subjects …