Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- UC Law SF (890)
- Nova Southeastern University (868)
- University of Miami Law School (500)
- Yeshiva University, Cardozo School of Law (382)
- University of Georgia School of Law (371)
-
- Seattle University School of Law (220)
- American University Washington College of Law (202)
- Notre Dame Law School (171)
- Florida State University College of Law (169)
- BLR (120)
- UIC School of Law (114)
- Maurer School of Law: Indiana University (109)
- Brooklyn Law School (104)
- Penn State Dickinson Law (83)
- University of Michigan Law School (74)
- University of San Diego (65)
- Loyola Marymount University and Loyola Law School (59)
- Schulich School of Law, Dalhousie University (58)
- Pace University (55)
- Universitas Indonesia (55)
- Southern Methodist University (54)
- Saint Joseph University of Beirut (49)
- Fordham Law School (47)
- University of Colorado Law School (40)
- Northwestern Pritzker School of Law (39)
- Cleveland State University (38)
- Association of American Law Schools (35)
- University of Nebraska - Lincoln (34)
- Pepperdine University (33)
- University of Richmond (30)
- Keyword
-
- International law (259)
- International Law (248)
- Human rights (176)
- Comparative and Foreign Law (149)
- United States (120)
-
- Comparative law (99)
- Law (89)
- European Union (82)
- International (75)
- United Nations (71)
- China (61)
- Globalization (61)
- International human rights (54)
- Human Rights (51)
- Human Rights Law (50)
- Treaties (48)
- WTO (46)
- Jurisdiction (45)
- Accountability (43)
- International Court of Justice (42)
- Arbitration (40)
- Canada (40)
- Terrorism (40)
- Courts (39)
- Environmental law (39)
- Comparative Law (38)
- International Trade (38)
- World Trade Organization (38)
- EU (37)
- ICJ (36)
- Publication Year
- Publication
-
- UC Law SF International Law Review (890)
- ILSA Journal of International & Comparative Law (868)
- Georgia Journal of International & Comparative Law (329)
- University of Miami Inter-American Law Review (296)
- Cardozo International & Comparative Law Review (223)
-
- Seattle University Law Review (214)
- University of Miami International and Comparative Law Review (196)
- Florida State University Journal of Transnational Law & Policy (166)
- Notre Dame Journal of International & Comparative Law (164)
- ExpressO (117)
- Faculty Scholarship (117)
- Brooklyn Journal of International Law (88)
- Indiana Journal of Global Legal Studies (69)
- Penn State International Law Review (1982 - 2011) (69)
- Cardozo International & Comparative Law Review (CICLR) Blog (68)
- San Diego International Law Journal (65)
- UIC Law Review (63)
- American University International Law Review (58)
- Loyola of Los Angeles International and Comparative Law Review (58)
- Proche-Orient, Études juridiques (49)
- All Faculty Scholarship (41)
- Journal of Legal Education (35)
- Human Rights Brief (34)
- The International Law Review Association Student Forum (34)
- Space, Cyber, and Telecommunications Law Program: Faculty Publications (33)
- Pace International Law Review (32)
- UIC Law Open Access Faculty Scholarship (32)
- Fordham Environmental Law Review (30)
- Scholarly Articles in Law Reviews & Journals (30)
- Dalhousie Law Journal (29)
- Publication Type
- File Type
Articles 271 - 300 of 5723
Full-Text Articles in Comparative and Foreign Law
The Ideological (Mis)Framing Of Comparative Procedure, Stefania Cirillo
The Ideological (Mis)Framing Of Comparative Procedure, Stefania Cirillo
Notre Dame Journal of International & Comparative Law
This article critiques the pervasive role of ideology in comparative studies of civil procedure, rejecting the notion that scholarly interpretation is purely technical. It highlights three main harms of ideological influence: misinterpretations of legal systems, flawed rule transplants, and exclusion of Global South perspectives. These drawbacks stem from the comparatist’s tendency to adjust reality to fit ideological preconceptions, leading to distortions in comparative analysis. While ideology often distorts comparative analysis, its complete exclusion risks neglecting moral and social dimensions. Thus, the article calls for a balanced methodology: a descriptive analysis rooted in culturalism to account for the ideological and societal …
The Latin Exclusion: Examining The Eu And The White House’S Policy Favoritism Toward Migrant Sending Latin American Nations While Punishing Similar Pressures Globally, Nicolas Garon
Notre Dame Journal of International & Comparative Law
Too often, negative perceptions of a country, whether from its government or a few citizens, result in broad restrictions applied to all nationals, either formally through policy or informally through officials’ discretion. A global norm persists in which nationals from poorer countries facing migratory pressures are subjected to heightened scrutiny and restrictive measures that deter movement to wealthier nations. Regardless of how liberal a receiving country may claim to be, states consistently adopt conservative stances on migration. Western nations, as primary destinations, often impose the harshest measures, such as travel bans and additional visa requirements, frequently based on speculative migration …
The Legal Framework Of Smart Contracts In The Arabian Gulf, Ilias Bantekas, Ameneh Yousuf Saif Al-Hosseini
The Legal Framework Of Smart Contracts In The Arabian Gulf, Ilias Bantekas, Ameneh Yousuf Saif Al-Hosseini
Notre Dame Journal of International & Comparative Law
New tools have aided contractual transactions, particularly so-called smart contracts. Such tools have an impact on the formation of contracts and the implementation of the parties’ mutual obligations. Entities in the Arab world have generally hesitated to apply smart contract technology to high-end transactions out of fear that at some point these will not sit comfortably with existing legislation. The civil law landscape is still blurry. This article focuses on analyzing the legal framework of smart contracts in selected Arab countries and uses English smart contract regulation in order to compare how their regulation was tamed there and whether the …
Punishment In “Disneyland”: A Magical Review Of Singaporean Sentencing Law, Policy & Practice, Lucas Brolin
Punishment In “Disneyland”: A Magical Review Of Singaporean Sentencing Law, Policy & Practice, Lucas Brolin
Notre Dame Journal of International & Comparative Law
Staying in Singapore is like visiting Disneyland, with a catch: Imagine indulging in the world’s most magical place, but Jeffrey Katzenberg gives you a walloping if you cut in line. Deploying this self-described “winning formula,” Singapore quickly rose to prosperity. Admirers and critics mutually note Singapore’s cleanliness, safety, and efficiency. Empirical metrics suggest these accolades are not anecdotal: Singapore scores at the top of global development indexes, boasts a low crime rate and high judicial clearance rate, has comprehensive infrastructure, clean public facilities and streets, and more. Singapore’s governance is rightly credited for its prosperous outcomes. However, it also invites …
“Economic Abuse” As An Element Of Domestic Violence Against Women: A Comparative Analysis Of Sri Lanka And United Kingdom, Pavithra Rajendran
“Economic Abuse” As An Element Of Domestic Violence Against Women: A Comparative Analysis Of Sri Lanka And United Kingdom, Pavithra Rajendran
Notre Dame Journal of International & Comparative Law
Economic abuse, though not a new concept in commercial law, remains underdefined and underutilized in the context of domestic violence, particularly violence against women. Recent scholarly discussions emphasize the need for a clear definition of economic abuse in this context: "Economic abuse entails a deliberate pattern of control where individuals disrupt their partner's ability to acquire, use, and maintain economic resources." This highlights economic abuse as a powerful tool of control, with perpetrators employing various strategies to assert dominance. Scholars often distinguish economic abuse from financial abuse, a crucial differentiation, especially with the recent enactment of the United Kingdom’s Domestic …
Revisiting Oversight Challenges In The Nonprofit Sector: Allowing Private Parties Legal Standing, Phaguni Nangia
Revisiting Oversight Challenges In The Nonprofit Sector: Allowing Private Parties Legal Standing, Phaguni Nangia
Notre Dame Journal of International & Comparative Law
Part I of this Article will discuss the current framework for oversight of the nonprofit sector, and why this framework has been problematic in achieving effective regulatory oversight of nonprofit organizations. This Part will first address the oversight role of state officials, such as the attorneys general, and the challenges associated with it. This Part will then examine the significant number of challenges the Internal Revenue Service (IRS) faces in overseeing tax-exempt organizations, and why the IRS may not the best choice for overcoming them. This Part will conclude in an analysis of the current framework for legal standing by …
A Comparison Between U.S. Federal Tax And Khums, A Shia Islamic Tax, Carmen R. Rida
A Comparison Between U.S. Federal Tax And Khums, A Shia Islamic Tax, Carmen R. Rida
Notre Dame Journal of International & Comparative Law
This Note is split into multiple sections to delve into what khums is and its treatment by American Shia Muslim taxpayers. The first part will discuss the statutory basis of the tax, the difference in statutory interpretation between Sunnis and Shia that has led to a difference in the obligation of the tax, and the beneficiaries of the tax. The second part will focus on the method of calculating the khums tax, such as what categories of income are excluded in calculating gross income, deductions from gross income, and the timing of when the tax is to be paid. Then, …
Volume 15, Issue 2 - Full Issue
Volume 15, Issue 2 - Full Issue
Notre Dame Journal of International & Comparative Law
No abstract provided.
Can The Law Protect My Craft? How Gaps In Copyright Of Knitting Patterns Symbolize A Greater Struggle For Protecting Traditionally Feminine Forms Of Intellectual Property, Kysa Walzer
Seattle University Law Review
The purpose of this article is to demonstrate the application of intel-lectual property rights within the context of copyright protection of knit-ting patterns. The article will discuss the underutilization of copyright pro-tection for knitters and crafters and its larger impact upon craft and indus-try traditionally comprised of women. Part I introduces knitting patterns and a short history of copyright protections. Part II discusses the specific areas within knitting patterns and the knitting community which give rise to legal grey areas for copyright protection. Part III discusses the larger implications of copyright and intellectual property in spaces where women traditionally make …
Keynote Address: Community Over Constitution, Riddhi Mukhopadhyay
Keynote Address: Community Over Constitution, Riddhi Mukhopadhyay
Seattle University Law Review
In this keynote address, Riddhi Mukhopadhyay challenges the veneration of the U.S. Constitution by highlighting its origins in exclusion and its continued failure to protect marginalized communities. Drawing from her experience in civil legal aid and gender justice, she argues that the Constitution was drafted to consolidate power among white, wealthy men and continues to reflect that legacy through racial, gender, and class-based inequities. While acknowledging the significance of constitutional amendments and landmark cases, Mukhopadhyay emphasizes that meaningful change has always come from community-led action, not top-down reform. Additionally, Mukhopadhyay calls on lawyers and legal advocates to center community, practice …
The Lost Child: A Critique On Transracial Adoption Rhetoric, Hallie Conyers-Tucker
The Lost Child: A Critique On Transracial Adoption Rhetoric, Hallie Conyers-Tucker
Seattle University Law Review
Transracial adoption in the United States reflects a deeply rooted history of colonialism, cultural assimilation, and racial hierarchy, masked by rhetoric focused on the “best interest of the child.” The author critiques that rhetoric and traces how adoption practices and policies, both domestic and international, have evolved to reinforce systemic inequities. Through historical analysis of the forced adoption of Native American, Black, and Asian children, it reveals how the best interest standard has been wielded not to protect children but to uphold political and racial ideologies. The author argues that the prevailing adoption framework relies on child-saving and color-blind narratives …
A Global Reconstruction: Black Internationalism And The Human Rights Regime, Britta Redwood
A Global Reconstruction: Black Internationalism And The Human Rights Regime, Britta Redwood
Seattle University Law Review
Black American advocates for civil, political, and economic rights have long taken an internationalist approach and fostered connections with international organizations and transnational movements. This engagement has also been a generative force and played role in shaping international law. Beginning in the early years of the twentieth century, Black intellectuals and leaders, spearheaded by the NAACP and the UNIA, focused on human rights as a means for addressing and repairing the harms wrought by slavery, Jim Crow, and racism. From the Paris Peace Conference of 1919 through the Universal Declaration of Human Rights, the Genocide Convention, and the drafting of …
The Gap: Addressing The Missing Piece In HawaiʻI’S Anti-Discrimination Laws On Credit And Lending, Wendy Mun
The Gap: Addressing The Missing Piece In HawaiʻI’S Anti-Discrimination Laws On Credit And Lending, Wendy Mun
Seattle University Law Review
This author addresses the significant gap in Hawaiʻi’s anti-discrimination laws, specifically the lack of explicit protections for LGBTQ+ individuals against credit and lending discrimination. Although federal laws like the Equal Credit Opportunity Act (ECOA) and recent interpretations by the Consumer Financial Protection Bureau (CFPB) extend some protections, they remain vulnerable to shifting federal priorities and interpretations. The author explores how other states, particularly California and Washington, have enacted robust statutory protections that clearly prohibit credit discrimination based on sexual orientation and gender identity. They argue that Hawaiʻi, despite its large LGBTQ+ population, must amend its credit protection laws to reflect …
The U.S. Drug Policy Hamster Wheel: A Critical Discourse Analysis Of Seattle’S New Drug Ordinance, Hallie Conyers-Tucker
The U.S. Drug Policy Hamster Wheel: A Critical Discourse Analysis Of Seattle’S New Drug Ordinance, Hallie Conyers-Tucker
Seattle University Law Review
The author critically examines Seattle’s new drug ordinance using Critical Discourse Analysis (CDA) to reveal how legislative language influences the policy's actual effect. Although the ordinance claims to prioritize diversion and community health, the use of permissive language such as “may” and “shall” grants broad discretionary power to law enforcement and undermines the stated intent. The author situates the ordinance within a broader historical context, highlighting how drug policy in the United States has consistently been shaped by racialized and stigmatizing narratives. Additionally, the author argues that meaningful reform requires reframing the discourse around substance use to support public health …
Something Concrete: How Labor Advocates Can Best Respond To The Ambiguity Of Glacier Northwest, Ateş Serifsoy
Something Concrete: How Labor Advocates Can Best Respond To The Ambiguity Of Glacier Northwest, Ateş Serifsoy
Seattle University Law Review
The Supreme Court’s much-anticipated decision in Glacier North-west, Inc. v. International Brotherhood of Teamsters Local No. 174 (Glacier) marked a critical moment for workers’ rights under the National Labor Relations Act (NLRA) and the longstanding practice of Garmon preemption. Yet, initial fears of a significant rollback of workers’ rights, driven by sensational headlines, were met with an unexpectedly narrow Court opinion. This Comment examines Glacier’s implications for Gar-mon preemption and the right to strike. It offers the historical background of the doctrine of labor law preemption before Glacier; presents a detailed analysis of Glacier itself, including its …
A New Exclusionary Rule To Protect Bodily Integrity And Discourage Pretext Stops, Josephine Ross
A New Exclusionary Rule To Protect Bodily Integrity And Discourage Pretext Stops, Josephine Ross
Seattle University Law Review
The author proposes a novel state-level exclusionary rule to reduce racial profiling and protect bodily autonomy during police encounters. The current Fourth Amendment jurisprudence fails to deter pretextual stops and frisks because the exclusionary rule often turns on officer fault and "good faith," allowing racially motivated practices to go unchecked. As federal rollbacks on diversity and data collection hinder efforts to track racial bias, the author argues for a statutory evidentiary rule that automatically excludes drug evidence found during (1) traffic stops, (2) pat-downs for weapons, and (3) consent searches, regardless of an officer’s intent or the legality of the …
Navahine V. HawaiʻI Dept. Of Transportation: The Keiki Will Lead Us, Catherine Smith
Navahine V. HawaiʻI Dept. Of Transportation: The Keiki Will Lead Us, Catherine Smith
Seattle University Law Review
The author analyzes the landmark case Navahine v. Hawaiʻi Department of Transportation, which culminated in the world’s first constitutional climate settlement. Catherine Smith, serving as an expert for the youth plaintiffs, situates the case within Hawaiʻi’s legal tradition of prioritizing children’s rights and intergenerational equity. She explores the evolution of children’s constitutional protections, contrasting Hawaiʻi’s progressive jurisprudence with the dominant adult-centric legal framework on the mainland. She critiques four recurring analytical missteps in U.S. courts that marginalize children’s interests and highlights Hawaiʻi’s public trust doctrine and cultural values, such as the Aloha Spirit, as models for addressing climate-related harms. …
Constitutional Futurism As Pedagogy, Jeremiah Chin
Constitutional Futurism As Pedagogy, Jeremiah Chin
Seattle University Law Review
Constitutional Law has transformed from a course on history to a discussion of current events. Cases like Students for Fair Admissions v. Harvard College, Dobbs v. Jackson Women’s Health Organization, and Loper Bright Enterprises v. Raimondo reveal that the study of constitutional law is not a static, or even linear, discussion of constitutional text and history. Law is a shifting, changing enterprise that reflects social constructions of power, authority, and identity. How do we teach, learn, and understand constitutional law that is so laden with history, riddled with theories of consistency and adherence to precedent, but ultimately subject …
Ben Ferencz’S Pioneering Transitional Justice Legacy, Including And Beyond Accountability, Federica D'Alessandra
Ben Ferencz’S Pioneering Transitional Justice Legacy, Including And Beyond Accountability, Federica D'Alessandra
Cardozo International & Comparative Law Review
The article argues that Benjamin Ferencz was a foundational figure in the field of transitional justice, extending beyond his recognized contributions to international criminal justice. His work laid the groundwork for the four pillars of transitional justice: truth, accountability, reparation/restitution, and memorialization. Ferencz’s efforts in investigating war crimes, prosecuting perpetrators, advocating for victim-centered justice, and preserving historical records demonstrate his pivotal role in shaping modern transitional justice frameworks.
Table Of Contents - Cardozo International & Comparative Law Review, Vol. 8, Iss. 3
Table Of Contents - Cardozo International & Comparative Law Review, Vol. 8, Iss. 3
Cardozo International & Comparative Law Review
No abstract provided.
Benjamin Ferencz In The Cold War, Noah Weisbord
Benjamin Ferencz In The Cold War, Noah Weisbord
Cardozo International & Comparative Law Review
The article explores Benjamin Ferencz's advocacy for international law and his role in shaping the legal frameworks of the post-World War II era, particularly his efforts to define aggression and establish the International Criminal Court. It contrasts Ferencz's idealism with the pragmatic approaches of Henry Kissinger and the diplomatic strategies of Dag Hammarskjold, highlighting the challenges of the Cold War international order and its failure to address individual threats, exemplified by A.Q. Khan's nuclear proliferation.
Furthering The Legacy Of Benjamin B. Ferencz: Amending The Rome Statute’S Jurisdiction Over The Crime Of Aggression, Jennifer Trahan
Furthering The Legacy Of Benjamin B. Ferencz: Amending The Rome Statute’S Jurisdiction Over The Crime Of Aggression, Jennifer Trahan
Cardozo International & Comparative Law Review
The article advocates for amending the Rome Statute to strengthen the International Criminal Court's (ICC) jurisdiction over the crime of aggression. It argues that the current jurisdictional regime, established by the 2010 Kampala amendments, is too limited, creating double standards and undermining the rule of law. The author calls for harmonizing the ICC's jurisdiction over the crime of aggression with its jurisdiction over other crimes, such as genocide and war crimes, to ensure consistent and universal accountability.
The Unique Function Of The Crime Against Humanity Of Other Inhumane Acts In The Progressive Development And Codification Of International Criminal Law, David Donat Cattin
The Unique Function Of The Crime Against Humanity Of Other Inhumane Acts In The Progressive Development And Codification Of International Criminal Law, David Donat Cattin
Cardozo International & Comparative Law Review
The article explores the evolution and role of "other inhumane acts" as a residual category within the definition of crimes against humanity, tracing its development from the Nuremberg trials through the Rome Statute of the International Criminal Court (ICC). It highlights the potential of this category to adapt to new forms of atrocities and discusses the challenges and opportunities in aligning future treaty developments with existing legal frameworks.
Exceptions To The International Customary Law Rule On Head Of State Immunity Under International Criminal Law, Daniel D. Ntanda Nsereko
Exceptions To The International Customary Law Rule On Head Of State Immunity Under International Criminal Law, Daniel D. Ntanda Nsereko
Cardozo International & Comparative Law Review
The article examines the tension between head of state immunity and the pursuit of justice in international criminal law. It argues that while some nations and regional bodies, like the African Union, assert immunity for heads of state, international institutions such as the International Criminal Court (ICC) reject this principle, emphasizing the rule of law and accountability. The ICC's jurisdiction, particularly through UN Security Council referrals, overrides state consent, challenging traditional notions of immunity. The article posits that states must adhere to their treaty obligations, such as the Rome Statute, and cannot unilaterally opt out for political expediency, reinforcing the …
No More Mixed Message, Missing Money: Revisiting The Birth Of Icl’S Victim Restoration-Reparations Regime To Conceptualize Its Modern Reform, Gregory S. Gordon
No More Mixed Message, Missing Money: Revisiting The Birth Of Icl’S Victim Restoration-Reparations Regime To Conceptualize Its Modern Reform, Gregory S. Gordon
Cardozo International & Comparative Law Review
The article argues that the International Criminal Court's (ICC) system for victim reparations is fundamentally flawed due to mission dissonance between its punitive and restorative goals, insufficient funding, and procedural limitations. It proposes the creation of an independent Atrocity Victim Reparations Tribunal (AVRT) under the UN to address these issues, ensuring more effective and victim-centered reparations.
From One Stolen Generation To Another: Replicating Trevorrow In American Courts, Jennifer Grubman
From One Stolen Generation To Another: Replicating Trevorrow In American Courts, Jennifer Grubman
Cardozo International & Comparative Law Review
The note examines the historical injustices of Indian boarding schools in the United States and argues that survivors may assert fiduciary duty claims under the Indian Tucker Act to seek redress for the government’s mismanagement of tribal funds and the cultural trauma caused by these institutions. It critiques the lack of a nationwide reparations scheme and highlights the challenges posed by the statute of limitations in pursuing legal remedies. The analysis draws parallels to the Stolen Generations in Australia and emphasizes the need for a multifaceted approach to address the intergenerational harm inflicted by these policies.
Don’T Let History Repeat Itself: What The Western Sahara Conflict Can Learn From The Israeli-Palestinian Conflict, Jack Berroug
Don’T Let History Repeat Itself: What The Western Sahara Conflict Can Learn From The Israeli-Palestinian Conflict, Jack Berroug
Cardozo International & Comparative Law Review
The note examines the ongoing conflict over Western Sahara, focusing on Morocco's claims of sovereignty and the international legal framework upholding the Sahrawi people's right to self-determination. It critiques Morocco's historical arguments and advocates for increased U.N. intervention to prevent escalation, while also suggesting political compromises, such as Morocco's autonomy plan, to resolve the dispute.