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Table Of Contents, Luc International Law Review

Loyola University Chicago International Law Review

No abstract provided.

How A Country Plagued With Corruption Leads To Lax Sex Laws For Women, Alexandra Angyalosy

Loyola University Chicago International Law Review

This Comment addresses Romania's failure to statutorily define and prosecute sexual violence perpetrators. Throughout history, women in Romania have found a justice system that fails them due to lax laws, corruption, and negligence by police departments. Specifically, Romanian women who are victims of sexual violence, domestic violence, and forced prostitution are often unable to report their crimes, attain proper counseling, and get justice against their abusers. Since the Romanian Revolution, the country has struggled with corruption and human trafficking and has become a major European hub for prostitution. The lack of adequate and appropriate laws needed to protect women, specifically …

European Court Of Human Rights' Ruling In Georgia V. Russia (Ii) And Its Application To The Current Crisis In Ukraine, Edward N. Cain

Loyola University Chicago International Law Review

Georgia v Russia (II) represents an important decision in the European Court of Human Rights case law. The Court sets out an important interpretation of Article 1 of the European Convention on Human Rights regarding the jurisdiction of signatory parties during times of invasion and war. The Court articulated that during active hostilities, there is no positive or negative obligation on the invading country to uphold or defend the human rights of the civilians of the invaded country. This is because they do not have effective control over the local population due to the dynamic nature of war. This precedent …

Table Of Contents, Loyola University Chicago International Law Review

Loyola University Chicago International Law Review

No abstract provided.

Who Is To Guard The Guardians Themselves? Russia’S Invasion Of Ukraine, Racism And Transitional Justice, Cosmas Emeziem

Loyola University Chicago International Law Review

This Article investigates the deep-rooted connection between racism and the development of international law, emphasizing its enduring influence on Transitional Justice. The normatization of international law and its instrumentation by imperial actors in pursuit of their interests have perpetuated systemic racism. The war in Ukraine is a poignant illustration of conflicts as arenas for imperial supremacy, racism, accountability failures, and the struggle for transitional justice-in the face of ever-expanding imperial aspirations.

Thus, the unresolved question of who guards the guardians themselves looms, particularly in light of Russia's involvement as a permanent United Nations Security Council member. Racism often manifests as …

Due Regard As The Prime Directive For Responsible Behavior In Space, Andrea J. Harrington

Loyola University Chicago International Law Review

As the proliferation of space activities has rapidly accelerated, states are increasingly concerned about the lack of clear guidance for responsible behavior in space. Risks due to accident, miscalculation, or misperception abound. Thus, there have been increasing calls for the development of 'norms of behavior' for space at both the international and domestic levels. The principle of due regard, enshrined in Article IX of the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies ("Outer Space Treaty" or "OST"), is an underutilized space law tool that …

Should The United States Adopt Federal Artificial Intelligence Regulation Similar To The European Union, Jean Joseph

Loyola University Chicago International Law Review

Artificial Intelligence (AI) promises to revolutionize our everyday lives and how we approach all sectors of the economy and society. For the laundry list of benefits this form of technology provides, there is a concern as to the ways Al can produce troubling outcomes - including racial discrimination and social inequality. The United States House of Representatives introduced the National Al Initiative Act of 2020 (NAIIA) to ensure continued US leadership in Al research and development. However, the NAIIA leaves issues concerning the risk of biases and discrimination associated with using Al systems to federal agencies and state governments. While …

The Record High Of Forcibly Displaced Persons, International Law, And The Comparative Case Of Ukraine And Afghanistan: The Response To A War We Started Versus A War We Opposed, Erin Vance

Loyola University Chicago International Law Review

This Comment addresses the rules and customs of international law that govern forcibly displaced persons, and how such laws have created wide gaps that have allowed the issues and challenges surrounding forced migration to not only persist, but also become increasingly worse. Specifically, Article 14 of the Universal Declaration of Human Rights provides, "everyone has the right to seek and to enjoy in other countries asylum from persecution," but places no accompanying obligation upon States to grant asylum and refugee status to these forcibly displace persons. Rather, States are given significant discretion when interpreting and defining responsibilities under Article 14. …

Through A Lens Of Genocide: A Different Approach For Hate Crimes Legislation, Bruce Ching

Journal Articles

Hate crimes perpetrators select their victims based on the victims’ identity groups. Policies underlying legislation against hate crimes recognize that such crimes inflict greater harm on society than do the same actions committed for non-biased motives. Genocide may be conceptualized as hate crimes writ large; conversely, a new model of hate crimes legislation might be patterned on legal concepts of genocide scaled down to state or local levels. This new recognition could successfully address criticisms from both liberal and conservative factions along the political spectrum, offering a model that state and local governments could invoke for dealing with bias-motivated incidents …

The Scarlet Letter "E": How Tenancy Screening Policies Exacerbate Housing Inequity For Evicted Black Women, Yvette N.A. Pappoe

Journal Articles

The COVID-19 pandemic resulted in an unprecedented health and economic crisis in the United States. In addition to more than nine hundred thousand deaths in the United States and counting, another kind of crisis emerged from the pandemic: an eviction crisis. In August 2020, an estimated thirty to forty million people in America were at risk of facing eviction by the end of the year. Black women renters faced a higher risk of losing their homes than other groups. At the onset of the pandemic, the federal government implemented eviction moratoria to prevent the evictions of tenants who were unable …

Understanding Bias In Civil Procedure: Towards An Empirical Analysis Of Procedural Rule-Making's Role In Continuing Inequality, Masai Mcdougall

Journal Articles

This Article uses the history of procedural rules governing “freedom suits” to elucidate the collection of rights that constitute the Western idea of “individual liberty,” and to make a prima facie case that our current Rules of Civil Procedure are biased against the enforcement of those rights by American minorities. This history reveals a systemic inequality in procedural rights that both pre-dates race and favors the consolidation of economic and political power over the enjoyment of the rights that supply the foundation for classical liberalism. I argue that collecting demographic data on litigants’ interaction with our Rules of Civil Procedure …

Inclusion For Students With Intellectual Disabilities: A Philosophical Reconstruction Of The Student To Expand Access And Its Benefits, Derek Thomas Myles Daskalakes

Theses and Dissertations--Education Sciences

This dissertation attempts a philosophical rethinking of the concept of the student in educationally relevant disability law for the sake of expanding access to general education settings for students with intellectual disabilities (ID), without committing to the approach known as full inclusion. I show that students with ID receive significantly less access to general education settings in comparison to other student populations, and that empirical studies show this to be harmful to their learning and developmental outcomes. Discussion of this problem in the inclusion literature assumes one of two positions that separately support either maintaining the status quo regarding the …

Unpacking The Forgotten Truth: Reestablishing Affirmative Action With Hispanic-Serving Institutions And The Military Equal Opportunity Program For Hispanics, Isabelle Rosado

Modern Languages, Philosophy and Classics Theses

Affirmative Action combats discrimination amongst individuals on the basis of race, creed, color, sex, or national origin and falls under the 14th Amendment. Race has been a leading result of the reevaluation of Affirmative Action programs. Furthermore, the United States Military is an organization that also advocates for racial equality but is seldom discussed. Claims of reverse racism and privilege shield the primary purpose of Affirmative Action. Discredited opinions engulf young minds in the never-ending social conflict of racial equality. This problem continues to be unsolved which divides Americans. The increase of Hispanics/Latinxs in the U.S. forces the analysis of …

De-Nazifying By De-Cartelizing, Daniel A. Crane

Book Chapters

In 1945, a group of zealous American trustbusters, freshly groomed in the Brandeisian tradition of “anti- Bigness,” descended on the smoldering ruins of Germany, eager to identify and then nullify the culprits behind Hitler’s rise to power. Their eyes were fixed on the enormous industrial combines and cartel organizations that had sprung up in the German economy since the time of Bismarck, grown exponentially during the Weimar era, and then served as the economic infrastructure of the Third Reich. To the trustbusters in the Office of Military Government US (“OMGUS”) Decartelization Branch, the monopolies and trusts were the prime culprits …

Privacy And/Or Trade, Anupam Chander, Paul M. Schwartz

University of Chicago Law Review

International privacy and trade law developed together but are now engaged in significant conflict. Current efforts to reconcile the two are likely to fail, and the result for globalization favors the largest international companies able to navigate the regulatory thicket. In a landmark finding, this Article shows that more than sixty countries outside the European Union are now evaluating whether foreign countries have privacy laws that are adequate to receive personal data. This core test for deciding on the permissibility of global data exchanges is currently applied in a nonuniform fashion with ominous results for the data flows that power …

Book Review: The Art And Craft Of Judgment Writing: A Primer For Common Law Judges, Steve Leben

Faculty Works

No abstract provided.

Climate Change And The Challenge To Liberalism, Jacob Eisler

Scholarly Publications

In this editorial, we consider the ways in which liberal constitutionalism is challenged by and presents challenges to the climate crisis facing the world. Over recent decades, efforts to mitigate the climate crisis have generated a new set of norms for states and non-state actors, including regulatory norms (emission standards, carbon regulations), organising principles (common but differentiated responsibility) and fundamental norms (climate justice, intergenerational rights, human rights). However, like all norms, these remain contested. Particularly in light of their global reach, their specific behavioural implications and interpretations and the related obligations to act remain debatable and the overwhelming institutionalization of …

Police Brutality As Torture, Nadia Banteka

Scholarly Publications

If racial justice is the most pressing issue in America today, police brutality is the flashpoint. Incident after incident of police brutality during searches and seizures, and within jails and prisons reinforces the conviction within many communities that police harm with impunity those whom they have a duty to protect. Existing criminal statutes are filled with discretionary standards that give deference to officers while civil remedies require victims to surmount the doctrine of qualified immunity. To increase accountability for police brutality, legislatures and courts have so far focused on reducing or eliminating these procedural hurdles. But their changes have not …

Unconstitutional Police Pretexts, Nadia Banteka

Scholarly Publications

This Article unearths the pernicious effects of pretextual policing on civil rights and democratic principles. The Fourth Amendment’s pretext doctrine has faced widespread criticism for enabling police to shield the real reasons for searches and seizures from constitutional scrutiny. In its ruling on Whren v. United States, the Supreme Court established that police actions, not their motivations, are the relevant factor in determining constitutionality of searches and seizures. As a result, police can use ostensibly legal justifications as a cover for unconstitutional conduct. This article breaks new ground arguing that pretextual policing extends beyond searches and seizures. It reveals a …

Military Officers As Neo-Classical Professionals: Guardians Of The Republic, Not Merely Servants Of The Regime, Rob Atkinson

Scholarly Publications

This paper is the first step in developing a neo-classical theory of the military officer corps as a functionalist profession. It unpacks the central paradox of Samuel P. Huntington's The Soldier and the State: Why does an account that begins with a call for a highly professionalized officer corps to obey the orders of any legally legitimate civilian regime end with the promise that humanity can achieve both security and redemption if all the nations of the world adopt core military values? How can "militarize the military," Huntington's solution to the classical question of civilian/military relations-Plato's "Who guards the guardians? …

Microdosing Psychedelics Under Local, State, And Federal Law, Mason Marks, I Glenn Cohen, Jonathan Perez-Reyzin, David Angelatos

Scholarly Publications

Microdosing psychedelic substances ("microdosing') is a growing trend that has gained significant media and scientific attention. The practice typically involves consuming low doses of psychedelics, such as psilocybin or lysergic acid diethylamide ("LSD'), two or three times per week, over the course of weeks or months. Many claim that microdosing improves attention, creativity, or mood. Some say it reduces pain as well as symptoms of anxiety, depression, and migraine or cluster headaches. Others fear it has not been proven safe or effective by randomized controlled trials. Nevertheless, the microdosing trend is growing against the backdrop of a broader psychedelic renaissance …

Rethinking The Federal Emergency Powers Regime, David Landau

Scholarly Publications

Emergency has assumed central importance in the United States legal system. In 2019, President Trump declared an emergency at the southern border after Congress declined to fund his wall; critics responded with legal challenges and proposed reforms to the statute he invoked, the National Emergencies Act (NEA). Emergency powers have also played a key role during the COVID-19 pandemic. This Article conducts a comprehensive survey of emergency powers in the United States. It shows that the NEA is only one among many grants of authority presidents can call upon in a crisis, alongside other emergency schemes, specially delegated statutory power, …

Two Models Of Protecting Democracy: Federalism And The U.S. Deviation, David Landau

Scholarly Publications

This Article contrasts two different models for protecting democracy. The first model, which is common globally, relies on insulated, apex-level independent institutions to protect sensitive democratic functions like administering elections and prosecuting wrongdoing by high level governmental officials. The United States largely eschews this approach and instead relies much more heavily on a second approach, which decentralizes sensitive functions among a large number of state and local officials, who are often not very insulated from politics. This Article describes the benefits and costs of each model in light of recent attacks on electoral administration in the United States. Moreover, it …

Trademark Tarnishmyths, Jake Linford, Justin Sevier, Allyson Willis

Scholarly Publications

Trademark law protects famous marks from dilution by tarnishment, defined by statute as use likely to "harm the reputation of the famous mark." Tarnishing uses are typically those that connect a mark with disreputable goods or topics, like sex or drugs. Mark owners worry that consumers will not purchase products connected with sexually explicit or drug-related materials, and courts often presume the same. If those associations likely cause consumers to withhold custom or dissipate goodwill consumers have invested in the mark, anti-tarnishment protection might be justified. But if that harm is more mythic than real, the law penalizing tarnishing use …

International Law Publishing Trends: What Journals Print, Bianca Anderson, Kathleen Claussen

Articles

No abstract provided.

Illusory Policy Implications Of Behavioral Law & Economics, Terrance O'Reilly

Marquette Law Review

Behavioral law and economics has achieved notable policy influence promoting soft paternalism—using nudges to encourage better choices without limiting options. Recently, some behavioral scholars have suggested that positive behavioral models actually support hard paternalism—imposing mandates. This Article challenges the insinuation that behavioral law and economics supports mandates.

Flipping The Script As A Black Mother Living In My Community: A Self-Advocate's Perspective From Baltimore, Jessica Salmond

Developmental Disabilities Network Journal

No abstract provided.

Insolvency Courts: General Principles For Systems Design, Anthony Casey, Joshua Macey

Coase-Sandor Institute for Law & Economics Research Paper Series

This article sets out general principles for designing the role of corporate insolvency courts. The authors identify four general considerations relevant to that design: (a) the sophistication and development of the relevant private markets and private law, (b) the applicable background corporate law principles, (c) the competence—in terms of experience and sophistication, capacity and resources, efficiency, and neutrality and lack of corruption—of the courts in question, and (d) the availability of alternative systems through forum and venue shopping or other forms of exit. Having identified these considerations, the article then explores how each affects the role that insolvency courts should …

Front Matter, Natural Resources Journal

Natural Resources Journal

No abstract provided.

A Blast From The Pfast: Forever Chemicals Coming Back To Haunt Us And How International Regulatory Schemes Can Supplement United States Law, Mackenzie Pensyl

Akron Law Student Publications

No abstract provided.