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Articles 1231 - 1260 of 5724
Full-Text Articles in Comparative and Foreign Law
Dignity, Freedom, And Digital Rights: Comparing American And European Approaches To Privacy, Virginia Kozemczak
Dignity, Freedom, And Digital Rights: Comparing American And European Approaches To Privacy, Virginia Kozemczak
Cardozo International & Comparative Law Review
The note examines the contrasting approaches of the United States and the European Union to digital privacy, emphasizing how the US prioritizes liberty while the EU focuses on dignity. It argues that US privacy law, particularly under the Fourth Amendment, struggles to adapt to technological advancements, as seen in cases like Carpenter v. United States. In contrast, the EU's framework, guided by Article 8 of the European Convention on Human Rights, offers more comprehensive protections by addressing the broader context of data collection and processing. The author suggests that the US could enhance its privacy protections by adopting elements …
The Prison Litigation Reform Act And The Physical Injury Requirement In The Context Of Transgender Inmates, Hunter Kravitz
The Prison Litigation Reform Act And The Physical Injury Requirement In The Context Of Transgender Inmates, Hunter Kravitz
Cardozo International & Comparative Law Review
The note examines the impact of the Prison Litigation Reform Act (PLRA) on transgender inmates, focusing on its physical injury requirement, which disproportionately bars access to justice for those with mental or emotional injuries. It highlights the ethical and constitutional concerns arising from the PLRA's application, particularly its unequal treatment of transgender inmates, and advocates for reforms to ensure equitable access to justice.
Prostitutes And Policing - Analysis Of Tactics Used To Reduce The Demand For Sex, Morgan Helfman
Prostitutes And Policing - Analysis Of Tactics Used To Reduce The Demand For Sex, Morgan Helfman
Cardozo International & Comparative Law Review
The note critically examines the tactics used to reduce demand for commercial sex, focusing on the Nordic Model and its implementation in the U.S. It argues that while these tactics aim to deter buyers through shaming and criminalization, they raise ethical, legal, and practical concerns, particularly regarding police misconduct and the impact on marginalized communities. The analysis advocates for a shift toward education and rehabilitation over punitive measures to address the root causes of prostitution.
The Impact Of Covid-19 On Immigration Detention, Fatma Marouf
The Impact Of Covid-19 On Immigration Detention, Fatma Marouf
Faculty Scholarship
COVID-19 has spread quickly through immigration detention facilities in the United States. As of December 2, 2020, there have been over 7,500 confirmed COVID-19 cases among detained noncitizens. This Article examines why COVID-19 spread rapidly in immigration detention facilities, how it has transformed detention and deportation proceedings, and what can be done to improve the situation for detained noncitizens. Part I identifies key factors that contributed to the rapid spread of COVID-19 in immigration detention. While these factors are not an exhaustive list, they highlight important weaknesses in the immigration detention system. Part II then examines how the pandemic changed …
Treatment Of Section 232 Duties In Commerce Antidumping Proceedings, Elizabeth J. Drake
Treatment Of Section 232 Duties In Commerce Antidumping Proceedings, Elizabeth J. Drake
University of Miami International and Comparative Law Review
The goal of antidumping methodologies is to achieve a fair comparison between the price of a product in the United States (“U.S. price”) and the price at which it is sold in the exporters’ home market (or other normal value) in order to quantify and remedy the amount of dumping that has occurred. Thus, the law requires U.S. import duties to be deducted from U.S. price in order to permit an apples-to-apples comparison between U.S. prices and home market prices that do not bear any U.S. import duties. The U.S. Department of Commerce (“Commerce”) has created an exception to this …
Privacy Before Trade: Assessing The Wto-Consistency Of Privacy-Based Cross-Border Data Flow Restrictions, Julian Rotenberg
Privacy Before Trade: Assessing The Wto-Consistency Of Privacy-Based Cross-Border Data Flow Restrictions, Julian Rotenberg
University of Miami International and Comparative Law Review
The first decades of the 21st century have been characterized by the growth of digital trade fueled by new business models based on cross-border data flows. With data taking a central role in the digital economy, governments and their constituents have become increasingly concerned about the commercial handling and commoditization of personal data. Consequently, governments have entered the business of regulating cross-border data flows, especially with the aim of protecting the privacy of their citizens. This regulatory trend does not occur in a vacuum: The World Trade Organization (WTO) through the General Agreement on Trade in Services (GATS) regulates the …
Satellites & Hong Kong’S Independence: How The Trade Of Commercial Satellites Impacts Democracy Abroad And National Security At Home, Nicholas A. Beekhuizen
Satellites & Hong Kong’S Independence: How The Trade Of Commercial Satellites Impacts Democracy Abroad And National Security At Home, Nicholas A. Beekhuizen
University of Miami International and Comparative Law Review
Trade laws have always struck a balance between political freedom and national security. The trade of commercial communication satellites (“CCS”) between the United States and Hong Kong is no exception. Until recently, Hong Kong held a special trade designation that allowed it to purchase CCS from the United States. This exception from the strict ban on sales of certain advanced technologies to China was allowed due to Hong Kong’s semi-autonomous status. However, China’s continued encroachment on Hong Kong’s autonomy led the United States to strip Hong Kong of its special trade status and ban the free exchange of advanced technologies. …
An Inside Scoop On Scopes: An Overview Of The Laws And Policies Governing The Scopes Of Trade Remedy Orders, Scott D. Mcbride
An Inside Scoop On Scopes: An Overview Of The Laws And Policies Governing The Scopes Of Trade Remedy Orders, Scott D. Mcbride
University of Miami International and Comparative Law Review
The globalization of supply and processing chains has led to an increase in the complexity of international trade laws and the necessity for the United States Department of Commerce to provide clarity in the enforcement of trade remedy orders and procedures. It is therefore no surprise that over the past few years, Commerce has experienced a surge in requests for rulings on whether or not certain imported products are covered by the scope of antidumping and countervailing duty orders. Furthermore, Commerce has conducted several inquiries to determine if imported products which are outside the scope of an antidumping or countervailing …
Divergent Strategies: A Legal History Of The Wto’S National Security Exception In The Context Of A Globalized Economy, 1983-2019, William J. Gardner Jr.
Divergent Strategies: A Legal History Of The Wto’S National Security Exception In The Context Of A Globalized Economy, 1983-2019, William J. Gardner Jr.
University of Miami International and Comparative Law Review
This student note provides a legal history of the World Trade Organization’s (WTO) adjudication of “national security” disputes under Article XXI of the General Agreement on Tariffs and Trade (GATT). The skeptical German historian Oswald Spengler noted, “History is direction—but Nature is extension—ergo everyone gets eaten by a bear.” Tracing the history of landmark GATT and WTO decisions from the 1983 US—Trade Measures Affecting Nicaragua case, this note weaves through the WTO’s relatively consistent reluctance to engage in domestic policy, detailing the WTO’s massive deviation from that policy in the 2019 Russia—Measures Concerning Traffic in Transit case. In doing so, …
Coining New Tax Guidance: How The Irs Is Falling Behind In Crypto, David C. Mcdonald
Coining New Tax Guidance: How The Irs Is Falling Behind In Crypto, David C. Mcdonald
University of Miami International and Comparative Law Review
In October 2019, the Internal Revenue Service offered its first guidance on cryptocurrency reporting standards in nearly five years. As digital investments become more commonly accepted, the need for regulation and guidance becomes clearer. Issues such as how to classify cryptocurrencies and how a transaction’s purpose impacts reporting standards are currently being addressed across the globe as governments work to develop protocols that organize this rapidly developing field. This note analyzes the developing reporting standards of select countries and the potential impacts on use as cryptocurrencies become more mainstream as a potential investment and method of payment.
Balancing Trade And Economic Security: Andritz V. United States And The Role Of Customs And Border Protection In Enforcing The Plant Protection Act, Alexandra Khrebtukova
Balancing Trade And Economic Security: Andritz V. United States And The Role Of Customs And Border Protection In Enforcing The Plant Protection Act, Alexandra Khrebtukova
University of Miami International and Comparative Law Review
This paper examines the case of Andritz v. United States—first filed in the U.S. Court of International Trade then transferred to the U.S. District Court for the Southern District of Texas—as a demonstrative case study highlighting the collaboration between U.S. Customs and Border Protection (CBP) of the Department of Homeland Security and the Animal and Plant Health Inspection Service (APHIS) of the Department of Agriculture. CBP is charged with facilitating legitimate trade and travel while safeguarding the borders of the United States to protect against, inter alia, the entry of dangerous goods, including through agricultural import and entry inspection. …
The Environmental Impact Of Technological Innovation: How U.S. Legislation Fails To Handle Electronic Waste's Rapid Growth, Marisa D. Pescatore
The Environmental Impact Of Technological Innovation: How U.S. Legislation Fails To Handle Electronic Waste's Rapid Growth, Marisa D. Pescatore
Villanova Environmental Law Journal (1991 - )
No abstract provided.
A Case For The Potential For Destabilization As A Threshold Criterion To The Use Of Military Action By States Under The Doctrine Of Humanitarian Intervention, Richard A.C. Alton, Jason Reed Struble
A Case For The Potential For Destabilization As A Threshold Criterion To The Use Of Military Action By States Under The Doctrine Of Humanitarian Intervention, Richard A.C. Alton, Jason Reed Struble
University of Miami Inter-American Law Review
No abstract provided.
Legitimacy In The International Order: The Continuing Relevance Of Sovereign States, Brad R. Roth
Legitimacy In The International Order: The Continuing Relevance Of Sovereign States, Brad R. Roth
Notre Dame Journal of International & Comparative Law
No abstract provided.
Letter From The Editor, Fon Bisalbutr
Letter From The Editor, Fon Bisalbutr
Notre Dame Journal of International & Comparative Law
No abstract provided.
Symposium Debate Transcript: The Promise Of International Law: Realism Versus Legalism, Journal Of International & Comparative Law, Notre Dame Law School
Symposium Debate Transcript: The Promise Of International Law: Realism Versus Legalism, Journal Of International & Comparative Law, Notre Dame Law School
Notre Dame Journal of International & Comparative Law
No abstract provided.
Provisional Measures: How International Human Rights Law Is Changing International Law (Inspired By Gambia V. Myanmar), Christina M. Cerna
Provisional Measures: How International Human Rights Law Is Changing International Law (Inspired By Gambia V. Myanmar), Christina M. Cerna
Notre Dame Journal of International & Comparative Law
No abstract provided.
The Commission On “Unalienable Rights”: A Critique, Douglass Cassel
The Commission On “Unalienable Rights”: A Critique, Douglass Cassel
Notre Dame Journal of International & Comparative Law
No abstract provided.
The Widening Gyre: Legal Formalism And International Law’S Sense Of Place, Christopher R. Rossi
The Widening Gyre: Legal Formalism And International Law’S Sense Of Place, Christopher R. Rossi
Notre Dame Journal of International & Comparative Law
No abstract provided.
Modern Day Extradition Practice: A Case Analysis Of Julian Assange, Daniela J. Restrepo
Modern Day Extradition Practice: A Case Analysis Of Julian Assange, Daniela J. Restrepo
Notre Dame Journal of International & Comparative Law
No abstract provided.
Focused Accountability: A Bilateral Response To The International Proliferation Of Fentanyl Analogues, Razi Lane
Notre Dame Journal of International & Comparative Law
No abstract provided.
Inequality, Covid-19, And Human Rights: Whose Lives Matter?, Barbara Stark
Inequality, Covid-19, And Human Rights: Whose Lives Matter?, Barbara Stark
ILSA Journal of International & Comparative Law
No abstract provided.
The Biden (Energy) Doctrine, Frédéric Gilles Sourgens
The Biden (Energy) Doctrine, Frédéric Gilles Sourgens
ILSA Journal of International & Comparative Law
No abstract provided.
Creative Differences: Indigenous Artists And The Law At 20th Century Nation-Building Exhibitions, Lucas Lixinski, Stephen Young
Creative Differences: Indigenous Artists And The Law At 20th Century Nation-Building Exhibitions, Lucas Lixinski, Stephen Young
UC Law SF International Law Review
Indigenous peoples in major common law jurisdictions (Australia, Canada, New Zealand, and the United States) have had a fraught relationship with the state’s legal system. However, while denying Indigenous individuals and peoples the same rights as white settlers, each of these states used Indigenous art to create a distinctive national-state identity. We analyze four major exhibitions, one from each of these countries to de-naturalize legal institutions responsible for the oppression of Indigenous people. This agenda-setting, comparative legal analysis yields valuable insights for the regulation of the contemporary Indigenous art market, and to understand how culture makes legal personality.
From The Editor-In-Chief, Ashlee Raskulinecz
From The Editor-In-Chief, Ashlee Raskulinecz
UC Law SF International Law Review
No abstract provided.
Application Of The Child Soldiers Prevention Act To Myanmar: A Case Study In How A Simple Statute Insufficiently Addresses A Complex Problem, Anuradha Lingappa
Application Of The Child Soldiers Prevention Act To Myanmar: A Case Study In How A Simple Statute Insufficiently Addresses A Complex Problem, Anuradha Lingappa
UC Law SF International Law Review
Congress enacted the Child Soldiers Prevention Act in order to stop public funds from directly supporting armies that use child soldiers. This paper examines how the Act has been applied to Myanmar, where both State and nonstate forces recruit children. Myanmar’s internal conflict illustrates numerous reasons for why children may join armed groups and demonstrates shortcomings in the Act’s approach towards curbing the practice.
The Participation Principle And The Dialectic Of Sovereignty-Sharing, George K. Foster
The Participation Principle And The Dialectic Of Sovereignty-Sharing, George K. Foster
Seattle University Law Review
States around the world are ceding authority to international institutions, devolving powers to lower-level political subdivisions, and granting forms of autonomy to Indigenous peoples and other minority groups. At the same time, states are increasingly offering groups and individuals “participation rights”: opportunities to participate in sovereign prerogatives without exercising control. These opportunities range from providing input into environmental decision-making, to collaborating with law enforcement in community policing programs, to receiving a share of natural-resource revenues. This Article contends that all of these developments represent a dividing up of the collection of rights known as sovereignty, and that participation rights reflect …
International Energy Law And The Paris Agreement In The Aftermath Of The Covid-19 Pandemic: Challenges And Possibilities, Carolina Arlota
International Energy Law And The Paris Agreement In The Aftermath Of The Covid-19 Pandemic: Challenges And Possibilities, Carolina Arlota
ILSA Journal of International & Comparative Law
No abstract provided.
Erga Omnes Partes Before The International Court Of Justice: From Standing To Judgment On The Merits, Nawi Ukabiala, Duncan Pickard, Alyssa Yamamoto
Erga Omnes Partes Before The International Court Of Justice: From Standing To Judgment On The Merits, Nawi Ukabiala, Duncan Pickard, Alyssa Yamamoto
ILSA Journal of International & Comparative Law
No abstract provided.