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Full-Text Articles in Law

The Revolution Will Not Be Moderated: Examining Florida And Texas's Attempts To Prohibit Social Media Content Moderation, Caroline Jones Jan 2023

The Revolution Will Not Be Moderated: Examining Florida And Texas's Attempts To Prohibit Social Media Content Moderation, Caroline Jones

American University Journal of Gender, Social Policy & the Law

Today, around seventy percent of American citizens actively use social media for news content, entertainment, and social engagement. Since 2005, the number of Americans using social media in some capacity has increased 13 fold from five to sixty-five percent. Despite numerous studies demonstrating a correlation between social media rhetoric and real-world violence against women, racial and ethnic minority communities, and the LGBTQIA community, both Florida and Texas passed bills limiting the ways in which social media sites can moderate the content and users on their platforms in 2021. Florida’s Senate Bill 7072 requires social media platforms to allow political candidates …

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The Collateral Effects Of Reproductive Restrictions: Dispensing Methotrexate Violates Arizona, Arkansas, Louisiana, And Missouri's Public Accommondation Laws, Kanta Mendon Jan 2023

The Collateral Effects Of Reproductive Restrictions: Dispensing Methotrexate Violates Arizona, Arkansas, Louisiana, And Missouri's Public Accommondation Laws, Kanta Mendon

American University Journal of Gender, Social Policy & the Law

In 2022, Annie England Noblin routinely went to her local pharmacy to pick up her prescription for Methotrexate, which she used to manage her rheumatoid arthritis. When Noblin attempted to pick up her medication in July 2022, the pharmacist informed her that Walgreens changed its policy regarding Methotrexate after the Supreme Court’s decision to overturn Roe v. Wade led to thirteen states enacting abortion trigger laws.

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I Didn't Know Pdfs Could Do That, Darla Jackson Jan 2023

I Didn't Know Pdfs Could Do That, Darla Jackson

Other Faculty Publications

Oklahoma Bar Association Solo & Small Firm Conference 2023 presentation on PDF files and software.

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Should The Federal Rules Of Civil Procedure Be Amended To Address Cross-Border Discovery?, Michael M. Baylson, Steven S. Gensler Jan 2023

Should The Federal Rules Of Civil Procedure Be Amended To Address Cross-Border Discovery?, Michael M. Baylson, Steven S. Gensler

Other Faculty Publications

Civil discovery in federal court increasingly involves information from sources located outside of the United States. Parties may or may not be required to pursue cross-border discovery through international agreements like the Hague Evidence Convention. The Federal Rules of Civil Procedure provide surprisingly little guidance on how the Hague process fits within the rules scheme. This article identifies the regulatory gaps and proposes that the rulemakers undertake a project to potentially address some of those gaps.

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The Indian Child Welfare Act In The Multiverse (Review Of Adoptive Couple V. Baby Girl By Matthew L.M. Fletcher And Kathryn E. Fort, In Critical Race Judgements: Rewritten U.S. Court Opinions On Race And The Law)), M. Alexander Pearl Jan 2023

The Indian Child Welfare Act In The Multiverse (Review Of Adoptive Couple V. Baby Girl By Matthew L.M. Fletcher And Kathryn E. Fort, In Critical Race Judgements: Rewritten U.S. Court Opinions On Race And The Law)), M. Alexander Pearl

Other Faculty Publications

No abstract provided.

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The Conflict Among African American Penal Interests: Rethinking Racial Equity In Criminal Procedure, Trevor George Gardner Jan 2023

The Conflict Among African American Penal Interests: Rethinking Racial Equity In Criminal Procedure, Trevor George Gardner

Scholarship@WashULaw

This Article argues that neither the criminal justice reform platform nor the penal abolition platform shows the ambition necessary to advance each of the primary African American interests in penal administration. It contends, first, that abolitionists have rightly called for a more robust conceptualization of racial equity in criminal procedure. Racial equity in criminal procedure should be considered in terms of both process at the level of the individual, and the number of criminal procedures at the level of the racial group—in terms of both the quality and “quantity” of stops, arrests, convictions, and the criminal sentencings that result in …

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Where Is Negotiation In Hybrid Warfare?, Art Hinshaw, Adrian Borbely, Calvin Chrustie Jan 2023

Where Is Negotiation In Hybrid Warfare?, Art Hinshaw, Adrian Borbely, Calvin Chrustie

Cardozo Journal of Conflict Resolution

The question of what negotiation has to do with hybrid warfare was the starting point for Project Seshat, a project gathering a global group of academics and practitioners from many walks of life. Their shared interest is in exploring what the fields that fit generally within the concepts of "security" and "dispute resolution" have to offer each other in the context of hybrid warfare grey zone conflict, and how these two "sets" of fields interconnect. In trying to better understand what hybrid warfare is, how it works, and how best to respond to it, negotiation and dispute resolution academics have …

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Opening Speech, Claudio Grossman Jan 2023

Opening Speech, Claudio Grossman

American University Law Review

Good morning and good afternoon, depending on your time zone. It is a great pleasure to introduce this conference on “Sea Level Rise and International Law: Assessing its Impacts on the Americas.” Sea level rise is a pressing global challenge that could generate catastrophic effects, including in the Americas, which are surrounded by four oceans: the Arctic, the Antarctic, the Atlantic, and the Pacific. Several of the countries in the Region could suffer disproportionately from the consequences of this serious phenomenon. The implications for States and people all over the world are devastating, making rising sea levels a matter of …

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Approaches To Sea Level Rise: A Comparative View Of Emerging Policy Responses By The African And The American Regions, Charles Chernor Jalloh Jan 2023

Approaches To Sea Level Rise: A Comparative View Of Emerging Policy Responses By The African And The American Regions, Charles Chernor Jalloh

American University Law Review

It is a great privilege to be here with all of you tonight. Thank you very much to you, Professor Grossman, the moderator of this panel, and to all the organizers for inviting me to be part of this really important event. I hope this is the first of many such events concerning this really pressing issue for the international community: the issue of sea level rise which is already affecting peoples and States in many different regions of our world.

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Uncircle The Wagons: Reconciling Wyoming’S Regulatory Tradition With The Eastern Shoshone’S Treaty-Based Off-Reservation Hunting Rights, Erick J. Franz Hughes Jan 2023

Uncircle The Wagons: Reconciling Wyoming’S Regulatory Tradition With The Eastern Shoshone’S Treaty-Based Off-Reservation Hunting Rights, Erick J. Franz Hughes

Wyoming Law Review

No abstract provided.

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Corporations And Abortion Rights In A Post-Dobbs World, Jennifer S. Fan Jan 2023

Corporations And Abortion Rights In A Post-Dobbs World, Jennifer S. Fan

Law Faculty Research and Publications

When the U.S. Supreme Court issued its decision on Dobbs v. Jackson Women’s Health Organization, it eliminated the constitutional right to abortion, overturning nearly fifty years of precedent. Although there were those who celebrated the decision, there were also those who were dismayed and angry about its consequences. As a result, many groups mobilized into action, but the vast majority of corporations were not among them. Unlike other social issues, companies were largely silent on the issue of abortion. Using shareholder proposal data from a ten-year period and reproductive health benefits offered by companies, this Article examines how corporations addressed …

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Woke Capital Revisited, Jennifer S. Fan Jan 2023

Woke Capital Revisited, Jennifer S. Fan

Law Faculty Research and Publications

Inclusive corporate leadership is now at the forefront of discussions related to corporate governance. Two corporate theories help to explain the rise in prominence of diversity, equity, and inclusion (“DEI”) efforts in corporate leadership. First, an expanded definition of corporate purpose which elevated the idea of the importance of stakeholders, contributed to the momentum from business and legal quarters for broader corporate inclusion. Second, the increasing publicness of corporations—the social expectation of how large, typically public corporations should act given their position of power—also led to corporations becoming more active in the DEI space. It is against this backdrop that …

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Front Matter Jan 2023

Front Matter

The International Lawyer

No abstract provided.

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Rethinking Victim Participation In International Criminal Tribunals, Julia L. Jacovides Jan 2023

Rethinking Victim Participation In International Criminal Tribunals, Julia L. Jacovides

Notre Dame Journal of International & Comparative Law

No abstract provided.

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China Informs A 21st Century Definition Of The Rule Of Law, Ashley Topel Jan 2023

China Informs A 21st Century Definition Of The Rule Of Law, Ashley Topel

Notre Dame Journal of International & Comparative Law

Politicians, lawyers, and academics alike have long been fascinated with the rule of law, but this fascination has never immunized them from the challenges of defining just what the rule of law is. Indeed, defining the rule of law by citing an example, such as the United Kingdom or the United States, remains easier than articulating why those nations have the rule of law and how other nations can advance the ideal within their own boundaries. Still, modern scholarship has led to the creation of three alternative theories of the rule of law–formalist, procedural, and substantive conceptions. A formalist theory …

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Letter From The Editor, Michael Klein Jan 2023

Letter From The Editor, Michael Klein

Notre Dame Journal of International & Comparative Law

No abstract provided.

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Volume 13 Masthead, Journal Of International & Comparative Law, Notre Dame Law School Jan 2023

Volume 13 Masthead, Journal Of International & Comparative Law, Notre Dame Law School

Notre Dame Journal of International & Comparative Law

No abstract provided.

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More Than A "Drop Of Justice:" How Nazi-Looted Art Cases Promote "Transitional Justice" And Why These Cases Still Matter, Mark I. Labaton Jan 2023

More Than A "Drop Of Justice:" How Nazi-Looted Art Cases Promote "Transitional Justice" And Why These Cases Still Matter, Mark I. Labaton

Notre Dame Journal of International & Comparative Law

When it comes to Nazi looting, the past is not dead.Nor should it be. Even now more than three-quarters of a century after the Holocaust, Nazi-looted art cases still provide direct justice to victimized families while also advancing broader historical redress known as “transitional justice,” which since World War II has become a means to address mass atrocities through criminal trials, civil litigation, truth reconciliation commissions, memorials, and reparations.

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Switzerland's "Summary Penalty Order" System: Should A Similar System Be Used For America's Minor Crimes?, Kirk Earl Jan 2023

Switzerland's "Summary Penalty Order" System: Should A Similar System Be Used For America's Minor Crimes?, Kirk Earl

Notre Dame Journal of International & Comparative Law

Jack Ford did not think he was committing a crime when his girlfriend let him spend the night with her at a house in Baltimore. However, what Ford did not know was that the owner of the house had not given permission for the couple to stay there. Ford was arrested and charged with burglary in the fourth degree, which is a misdemeanor in the state of Maryland. Ford’s attorney believed that Ford would have a strong case at trial because he did not know that he was not allowed in the house, so there was no intent to commit …

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Radical Overhaul Of Hong Kong's Governance Regime: Likely Implications For Prosperity And Stability, Roda Mushkat Jan 2023

Radical Overhaul Of Hong Kong's Governance Regime: Likely Implications For Prosperity And Stability, Roda Mushkat

Notre Dame Journal of International & Comparative Law

Constitutional evolution is normally a steady process, with the prevailing equilibrium seldom punctuated. Sharp reversals periodically occur but they are uncommon, usually confined to low-income and lower middle-income countries. The introduction of a draconian national security law and its heavy-handed enforcement in the affluent Hong Kong capitalist enclave, serving as one of the world economy’s pivotal global metropolises, thus amounts to a historically unprecedented emasculation of a sound and well-thought-out governance architecture. The abrupt unraveling of a semi-democratic infrastructure, pulverizing of key components of a time-honored rule-of-law system, and erosion of international legal personality has been breathtaking and profoundly disconcerting. …

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Letter From The Editor, Michael Klein Jan 2023

Letter From The Editor, Michael Klein

Notre Dame Journal of International & Comparative Law

No abstract provided.

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Constructing The "Lawless Other" In Scotland And The Southern United States, Caroline K. Abbott Jan 2023

Constructing The "Lawless Other" In Scotland And The Southern United States, Caroline K. Abbott

Notre Dame Journal of International & Comparative Law

No abstract provided.

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Volume 13, Issue 1 - Full Issue, Journal Of International & Comparative Law, Notre Dame Law School Jan 2023

Volume 13, Issue 1 - Full Issue, Journal Of International & Comparative Law, Notre Dame Law School

Notre Dame Journal of International & Comparative Law

No abstract provided.

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Volume 13, Issue 2 - Full Issue, Journal Of International & Comparative Law, Notre Dame Law School Jan 2023

Volume 13, Issue 2 - Full Issue, Journal Of International & Comparative Law, Notre Dame Law School

Notre Dame Journal of International & Comparative Law

No abstract provided.

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Unwinding “Law And Order”: How Second Look Mechanisms Resist Mass Incarceration And Increase Justice, Destiny Fullwood, Cecilia Bruni Jan 2023

Unwinding “Law And Order”: How Second Look Mechanisms Resist Mass Incarceration And Increase Justice, Destiny Fullwood, Cecilia Bruni

Human Rights Brief

For decades, the United States has used incarceration to achieve a particularized version of safety. Amidst the civil rights movement, presidential candidate Barry Goldwater wielded the phrase “law and order” against the masses of Black men, women, and children in their fight for equitable treatment. This came at a time when “[i]t was no longer socially permissible for polite White people to say they opposed equal rights for Black Americans. Instead, they began ‘talking about the urban uprisings’” and “attaching [those] to street crime, to ordinary lawlessness[.]” The result was a decades-long, persistent campaign to maintain order by arresting and …

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Aeca And The United States War Crimes Connections In Yemen, Rachel Hage Jan 2023

Aeca And The United States War Crimes Connections In Yemen, Rachel Hage

Human Rights Brief

The conflict in Yemen wages on, and many states, including Saudi Arabia and the United States, have been complicit in human rights violations. The United States’ current and past administrations have continued to sell arms to Saudi Arabia despite multiple international organizations’ documenting the state’s human rights violations. This Article argues that, despite the lack of transparency regarding how much support the United States is lending to Saudi Arabia arms being used in Yemen, the United States may be held responsible for human rights violations in Yemen. The Arms Export Control Act (AECA) provides the U.S. President with the authority …

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Striking Out: How The Mlb’S Baseball Academies Interfere With Children’S Human Rights In The Dominican Republic, Crystal Nieves Murphy Jan 2023

Striking Out: How The Mlb’S Baseball Academies Interfere With Children’S Human Rights In The Dominican Republic, Crystal Nieves Murphy

Human Rights Brief

Major League Baseball (MLB) has recently included a large number of foreign-born players in the league. Specifically, many of these players are from the Dominican Republic, with Dominican players making up more than ten percent of active players on MLB Team rosters across the league. This large number of Dominican baseball players in the MLB comes from a culture of scouting talent at a young age and the creation of baseball academies in Latin America as a whole. Currently, all thirty MLB teams have a baseball academy in the Dominican Republic where each team develops young teenagers talented at baseball.

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How The Overturning Of Roe V. Wade Disproportionately Affects The Immigrant Asian American Population In The United States, Amy P. Lyons Jan 2023

How The Overturning Of Roe V. Wade Disproportionately Affects The Immigrant Asian American Population In The United States, Amy P. Lyons

Human Rights Brief

On June 24, 2022, the Supreme Court overturned the historic case Roe v. Wade, ending the right to abortion across the United States. The overturning of Roe v. Wade and the responsive state statutes that criminalize abortion are yet further barriers to health access for Asian Americans, especially those who experience domestic violence, and are a violation of the universal Right to Health.

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Second Chance Pell Experiment: How The United States Is Starting To Recognize Education As A Right, Brittany Walker Jan 2023

Second Chance Pell Experiment: How The United States Is Starting To Recognize Education As A Right, Brittany Walker

Human Rights Brief

For decades, education as a right has been an issue between U.S. citizens and U.S. courts. U.S. courts maintain that education is not a right, as it was not explicitly stated in the U.S. Constitution. Since the U.S. Constitution is silent about education, U.S. courts have applied the 14th Amendment to defer educational matters, such as compulsory school requirements, to each state. Currently, education in the United States is generally a right until middle school. After middle school, the American government allows parents and students to determine whether additional education is necessary in their situation. This view causes disparities for …

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One Of Many: The Power Of Publication In The Human Rights Regime, Amanda Lorenzo Jan 2023

One Of Many: The Power Of Publication In The Human Rights Regime, Amanda Lorenzo

Human Rights Brief

On September 19, 2011, the High Court of Tanzania found Ghati Mwita guilty of murder for a February 4, 2008 homicide, sentencing her to hang pursuant to Tanzania’s mandatory death sentence. The domestic Court of Appeal sitting at Mwanza dismissed Mwita’s appeal on March 11, 2013 and rejected her application for review on that decision on March 19, 2015. Mwita then brought the case to the African Court of Human Rights (the Court) alleging that the conviction and sentencing procedures violated her fundamental rights under the Banjul Charter (the Charter).

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