Comparative and Foreign Law Commons^™

Crime Doesn't Pay But Neither Can Ex-Offenders: A Comparative Analysis Of Criminal Restitution In The United States And Canada, Justin Gendler

Cardozo International & Comparative Law Review

The note argues that the U.S. criminal restitution system is flawed, prioritizing punishment over rehabilitation, leading to significant hardships for indigent offenders, victims, and society. It proposes reforming the system to focus on disgorgement of ill-gotten gains and consider offenders' financial situations, drawing lessons from Canada's more rehabilitative approach.

Advance To The Nearest Dispensary: How Quebec's Marijuana Monopoly Is A Model For Future Legalized States, Jason Levine

Cardozo International & Comparative Law Review

The note argues that a state-run monopoly model for marijuana sales, inspired by Quebec's approach, could more effectively promote public health and reduce black-market competition compared to the current license authorization model used in U.S. states like Colorado and California. By centralizing control over pricing, distribution, and product regulation, a monopolistic structure could address challenges such as high taxes, slow transition phases, and the dominance of illegal markets. The analysis draws parallels to alcohol sales frameworks and highlights how a government-run system could avoid federal tax burdens under Section 280E of the Internal Revenue Code.

Duty To Rescue In The Digital Age: A Comparative Analysis, Cameron Kellett

Cardozo International & Comparative Law Review

The article advocates for the enactment of state legislation establishing a duty-to-rescue doctrine, arguing that the absence of such a legal duty leads to preventable harm and undermines societal solidarity. It critiques the arbitrary nature of the special relationship exception under current law and proposes Minnesota's duty-to-rescue statute as a model for reform. The analysis emphasizes that requiring bystanders to provide reasonable assistance, without endangering themselves, is both feasible and morally justifiable, as it aligns with human tendencies to help others in distress.

Sex Work Is Real Work: The Implications Of U.S. Strippers Winning The Right To Unionize, An International Comparative Study, Katherine Fustich

Cardozo International & Comparative Law Review

The note examines the landmark NLRB decision in *Nolan Enterprises*, which granted U.S. strippers the right to unionize by classifying them as employees rather than independent contractors. This ruling has significant implications for labor rights in the sex work industry, both domestically and internationally. The analysis compares this development with international perspectives from the UK, Germany, and the Netherlands, highlighting the challenges and opportunities for sex worker unionization and the broader implications for labor movements globally.

Enforcing Interstate Compacts In Federal Systems, Michael Osborn

Indiana Journal of Constitutional Design

The central goal of a federal system is for local government units to retain degrees of independence, specifically over matters of importance to that local unit. A logical corollary to that independence is the ability for local units to negotiate and contract with other local units on matters of importance. Therefore, it is not surprising that almost every federal system allows, either implicitly or explicitly, member states to form binding compacts with other states, the union government, or municipalities.1 Some federal democracies even allow member states to compact with foreign governments. Furthermore, almost every federal constitution includes a provision outlining …

The Constitutional Dynamics Of Brexit, Richard Ekins

Notre Dame Journal of International & Comparative Law

No abstract provided.

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

Notre Dame Journal of International & Comparative Law

No abstract provided.

Letter From The Editor, Ijeoma Oti

Notre Dame Journal of International & Comparative Law

No abstract provided.

Parliament And The Brexit Process: The Battle For Constitutional Supremacy In The United Kingdom, Stephen Tierney

Notre Dame Journal of International & Comparative Law

No abstract provided.

The Uk’S Basic Structure Doctrine: Miller Ii And Judicial Power In Comparative Perspective, Erin F. Delaney

Notre Dame Journal of International & Comparative Law

No abstract provided.

Role Reversal: Can Dad Stay Home While Mom Goes To Work? An Analysis Of Maternity And Parental Leave In The United Kingdom And European Union Through Principles And Treaties Of International Human Rights Law, Bridget Rose

Notre Dame Journal of International & Comparative Law

No abstract provided.

The Future Of U.S. Data Privacy: Lessons From The Gdpr And State Legislation, Vanessa Perumal

Notre Dame Journal of International & Comparative Law

No abstract provided.

The Global Practice Of Systematic Enforced Disappearances Of Children In International Law: Strategies For Preventing Future Occurrences And Solving Past Cases, Jeremy J. Sarkin, Elisenda Calvet Martinez

Catholic University Law Review

The aim of this article is to first investigate and understand the widespread and systematic practice of enforced disappearances against children around the world, with a key purpose being to show that it is a regular occurrence. The article reviews the systematic disappearances of children in their historical context, beginning from the Second World War. A variety of country examples –some historical and some contemporary –are discussed to indicate the widespread nature of the practice. The variety of cases is used to understand why states participate in such practices and why children specifically are targeted as victims of enforced disappearances. …

Civil Society And Regional Human Rights Development In Asia: Lessons From The Asian Human Rights Court Simulation, Mark L. Shope, Wen-Chen Chang

Indiana Journal of Global Legal Studies

In 2019, the historic first hearing of the Asian Human Rights Court Simulation (AHRCS and its "Court') took place in Taipei, Taiwan. The Court heard the case of Chiou Ho-shun v. ROC (Taiwan). The judges of the AHRCS consisted of experts in international human rights law; and observers from the media, scholars, government officials, and national and international human rights defenders were in attendance. Along with the hearings, the event included workshops on international human rights topics and a civil society dialogue. This article discusses issues surrounding the development, ecosystem, and future of the Court. The article first discusses the …

Access To Medicine In Developing Countries: Elevating State Obligations Over Corporate Profit, Hakeem O. Yusuf, Kamil Omoteso

Indiana Journal of Global Legal Studies

This paper investigates the divergence between the objectives of the state in ensuring citizens' right to health and the profit-maximization objective of pharmaceutical corporations in relation to, access to, and supply of medicine. This divergence is pertinent given both the rising cost of medicines and unmet needs, particularly in developing countries. This paper analyses the correlation between pharmaceutical corporations' profit drive and the state's welfare obligation. There is a need to bridge the gap between business and human rights, which can be achieved by combining the concepts of "business ethical responsibility" and corporations' contributions to "common good" with the jurisprudence …

State Leadership Vs. Lawyers' Entrepreneurship: The Globalization Trajectories Of Chinese Legal Professionals Under The Belt & Road Initiative, Jing Li

Indiana Journal of Global Legal Studies

Based on the analysis of the online profiles of 205 BRI Talent Bank lawyers as accredited by China's national bar association, this article generates important empirical knowledge about the approaches and processes that a nation-state may use in directing the internationalization of legal professionals. In addition to designing the general roadmap and offering broad incentives, the state has demonstrated a much more handson approach. By collecting the so-called "state-adjacent" lawyers and commissioning them to take some concrete first steps stipulated in the roadmap, the Chinese state effectively envisions them as role models for other lawyers to follow to ensure that …

Ending Demand For Modern-Day Slavery: An Analysis Of Human Trafficking In The Global Marketplace, Rachel Leach

Indiana Journal of Global Legal Studies

The purpose of this paper is to inform readers of the prevalence of and increasing demand for human trafficking, both domestically and globally, and to propose necessary next steps governments must take in order to end the demand for such human exploitation. This paper will closely analyze the issue of trafficking humans for sex and labor within the Western Hemisphere and throughout Asia by using the United States and China as primary case studies. These case studies analyze the specific actions or inactions taken by the United States and Chinese governments to combat modern day slavery, as well as the …

Federally Mandated Online Sales Tax: A Logistical Solution For The Future Of E-Commerce, Daniel O'Connor

DePaul Business & Commercial Law Journal

No abstract provided.

Economic Structural Transformation And Litigation: Evidence From Chinese Provinces, To Economic Change And Restructuring, Doug Bujakowski, Joan Schmit

DePaul Business & Commercial Law Journal

No abstract provided.

The "Business Interruption" Insurance Coverage Conundrum: Covid-19 Presents A Challenge, Paul E. Traynor

DePaul Business & Commercial Law Journal

No abstract provided.

Misalighned Incentives In Markets: Envisioning Finance That Benefits All Of Society, Dr. Ryan Clements

DePaul Business & Commercial Law Journal

No abstract provided.

Monsanto: Creator Of Cancer Liability

DePaul Business & Commercial Law Journal

No abstract provided.

Impact Of Corporate Response To Controversial Presidential Statements Or Policies

DePaul Business & Commercial Law Journal

No abstract provided.

Inheriting Citizenship, Scott Titshaw

Articles

Most of us become citizens at birth based either on our birthplace or our parents' citizenship status. Over thirty countries recognize birthplace citizenship, but inherited citizenship is nearly universal. Such universal legal rules are rare, and they are particularly remarkable in the context of citizenship, where state sovereignty is near its apex. This Article explores why inherited citizenship is necessary, even in nations recognizing birthplace citizenship. It surveys the history, definitions, purposes, current rules, politics, and global trends in this area and identifies three modern categories of birthright citizenship laws: primary inherited citizenship systems, dual inherited and birthplace systems, and …

Storm Warning: New Zealand's Treatment Of "Climate Refugee" Claims As A Violation Of Internatinal Law, Isabella Zink

American University International Law Review

As some countries begin to acknowledge the increasingly strong effects of climate change, others have struggled with its slow onset of effects for decades. Coastal communities, especially island nations at or slightly above sea level, face not only threats of flooding and damaging storms, but also rising sea levels jeopardizing soil and water health. As citizens of these coastal regions face increasing difficulty accessing food, water, and medical care, the United Nations‘ (“U.N.”) scientific bodies predict there will be staggering numbers of displaced persons within the next few decades. Island nations rising two meters above sea-level face total submersion by …

The World's Most Powerful International Court? The Centrual American Court Of Justice And The Quest For De Facto Authority (1907-2020), Salvatore Caserta, Mikael Rask Madsen

American University International Law Review

The original Central American Court of Justice (CACJ) is often referenced as the world’s first international court (IC). Functioning from 1907 to 1918, and commonly known as the Cartago Court, this court was the first-ever IC and a precursor to the Permanent Court of Justice, or “World Court”, established in 1922 in The Hague. The CACJ does, however, hold another record. The current incarnation of the court – established in 1994, in Managua, Nicaragua as the judicial arm of the Central American System of Economic Integration (Sistema de la Integración Centroamericana (SICA) – which is the world’s most powerful international …

Italy And The Implementation Of International Space Law, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

1. Introduction
2. Italy in Space
3. International Space Law and the Main Parameters for Private Space Activities
4. National Space Law in Italy as Addressing Private Space Activities
5. Concluding Remarks

Writing a contribution to the Liber Amicorum for someone who counts among the greatest space lawyers of Italy and indeed of the world, as well as being a long-time friend, is obviously a pleasure and an honour—and what other subject would be more suitable than the particular country that has been his birth ground, home, and point of departure for traveling the world to help the cause of …

The “Law Of The Horse” For Outer Space? What “Space Law” Is, And Why It Is Important To Educate Space Lawyers, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

When I tell someone that I make a professional living with teaching, researching, and advising on space law, the first reaction all too often is laughter, followed by an only half-joking “So tell me, who owns the Moon then?” Which, by the way, nowadays is an important legal issue indeed. Such a lack of automatic recognition that something like “space law” makes sense ever since humankind entered outer space, however, usually is part of a more fundamental lack of understanding of the importance of space activities for our daily lives, which does not stop growing day by day.

It is …

Better Than Bullets: Ethiopia Is Committing War Crimes By Starving Civilian Populations In The Ethiopian Civil War, Jordan Luber

American University International Law Review

Abiy Ahmed is the prime minister of Ethiopia. He has been starving seven million people of a lone ethnic group in Ethiopia for over a year. He is a Nobel Peace Prize laureate and a war criminal.

He won a Nobel Peace Prize for allying with a dictator who oversees slavery and locks dissidents in shipping containers in the desert. He took power promising an unprecedented age of progress, then a year later, changed his mind and began to massacre protestors. He launched a civil war with a barrage from armed drones. He manufactured a famine by destroying food supplies, …

Plural Belonging: The Samaritans' Negotiation Of Space In The Occupied Palestinian Territory, Zeina Jallad

American University International Law Review

Created in 1993 in accordance with the Israeli-Palestinian Peace Accords, the Palestinian Authority (PA) has grappled with the administration and maintenance of a vortex of highly fragmented legal and judicial systems. These fractured frameworks are the result of centuries-old colonial and military administrations that have exercised jurisdiction over the occupied Palestinian territory (oPt). A self-governing entity whose sovereignty has been undermined since its inception, the PA idealizes a democratic modus-operandi for the nation’s future, while actively participating in and benefiting from an overarching network of laws, court systems, and regulatory frameworks designed to discriminate against and abuse their subjects. Palestinian …