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Articles 661 - 690 of 827
Full-Text Articles in Comparative and Foreign Law
Systemic Racism And Immigration Detention, Carrie L. Rosenbaum
Systemic Racism And Immigration Detention, Carrie L. Rosenbaum
Seattle University Law Review
The denouement of the Trump presidency was a white supremacist coup attempt against a backdrop of public reawakening to the persistence of institutionalized racism. Though the United States has entered a new administration with a leader that expresses his commitment to ending institutionalized racism, the United States continues to imprison Central American and Mexican immigrants at the southern border. If the majority of the people in immigration jails at the border are Latinx, does immigration law disparately impact them, and do they have a right to equal protection? If they do, would equal protection protect them? This Article explores whether …
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 …
Duress In Immigration Law, Elizabeth A. Keyes
Duress In Immigration Law, Elizabeth A. Keyes
Seattle University Law Review
The doctrine of duress is common to other bodies of law, but the application of the duress doctrine is both unclear and highly unstable in immigration law. Outside of immigration law, a person who commits a criminal act out of well-placed fear of terrible consequences is different than a person who willingly commits a crime, but American immigration law does not recognize this difference. The lack of clarity leads to certain absurd results and demands reimagining, redefinition, and an unequivocal statement of the significance of duress in ascertaining culpability. While there are inevitably some difficult lines to be drawn in …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Data Governance And The Elasticity Of Sovereignty, Roxana Vatanparast
Data Governance And The Elasticity Of Sovereignty, Roxana Vatanparast
Brooklyn Journal of International Law
Traditionally, the world map and territorially bounded spaces have dominated the ways in which we imagine how states govern, make laws, and exercise their authority. Under this conception, reflected in traditional international law principles of territorial sovereignty, each state would have exclusive authority to govern and make laws over everything concerning the land within its borders. Yet developments like the proliferation of data flows, which are based on divisible, mobile, and interconnected components of data, are not territorially bounded. This presents a challenge to the traditional bases for territorial sovereignty and jurisdiction under international law, which some scholars claim is …
Functional Statehood In Contemporary International Law, William Thomas Worster
Functional Statehood In Contemporary International Law, William Thomas Worster
Brooklyn Journal of International Law
The international community lacks a form of territorial-based, international legal personality distinct from statehood, and yet, non-state, territorial entities of varying degrees of autonomy or independence need to function within the international community in some form. Some of these entities cannot be recognized as states because their creation violates jus cogens norms, though others are not recognized based on an assessment that they may not fully qualify as a state or that there are political reasons to refuse recognition. However, existing states still need to engage with these territorial quasi-states through the only paradigm the international community has—statehood. For example, …
Enough Is As Good As A Feast, Noah C. Chauvin
Enough Is As Good As A Feast, Noah C. Chauvin
Seattle University Law Review
Ipse Dixit, the podcast on legal scholarship, provides a valuable service to the legal community and particularly to the legal academy. The podcast’s hosts skillfully interview guests about their legal and law-related scholarship, helping those guests communicate their ideas clearly and concisely. In this review essay, I argue that Ipse Dixit has made a major contribution to legal scholarship by demonstrating in its interview episodes that law review articles are neither the only nor the best way of communicating scholarly ideas. This contribution should be considered “scholarship,” because one of the primary goals of scholarship is to communicate new ideas.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Freedom Of Speech And The Role Of Constitutional Courts: The Cases Of Indonesia And South Korea, M. Lutfi Chakim
Freedom Of Speech And The Role Of Constitutional Courts: The Cases Of Indonesia And South Korea, M. Lutfi Chakim
Indonesia Law Review
Freedom of speech is a constitutional right that must be protected in a democratic society. However, there is an alarming problem in many countries where governments limit freedom of speech by targeting people espousing views contrary to those of the government. Many free speech cases handled by the Constitutional Courts of Indonesia and Korea demonstrate a gradual decline in the quality of democracy there. This article aims to assess the extent to which the Constitutional Courts’ role and responsibilities contribute to the protection of freedom of speech. Through its decisions, the Constitutional Courts in those two countries have contributed to …
Complicity In The Perversion Of Justice: The Role Of Lawyers In Eroding The Rule Of Law In The Third Reich, Cynthia Fountaine
Complicity In The Perversion Of Justice: The Role Of Lawyers In Eroding The Rule Of Law In The Third Reich, Cynthia Fountaine
St. Mary's Journal on Legal Malpractice & Ethics
A fundamental tenet of the legal profession is that lawyers and judges are uniquely responsible—individually and collectively—for protecting the Rule of Law. This Article considers the failings of the legal profession in living up to that responsibility during Germany’s Third Reich. The incremental steps used by the Nazis to gain control of the German legal system—beginning as early as 1920 when the Nazi Party adopted a party platform that included a plan for a new legal system—turned the legal system on its head and destroyed the Rule of Law. By failing to uphold the integrity and independence of the profession, …
Toolkit Or Tinderbox? When Legal Systems Interface Conflict, Christie S. Warren
Toolkit Or Tinderbox? When Legal Systems Interface Conflict, Christie S. Warren
Faculty Publications
No abstract provided.
A Keystroke Causes A Tornado: Applying Chaos Theory To International Cyber Warfare Law, Daniel Garrie, Masha Simonova
A Keystroke Causes A Tornado: Applying Chaos Theory To International Cyber Warfare Law, Daniel Garrie, Masha Simonova
Brooklyn Journal of International Law
Cyber warfare today finds itself on the front page of the news daily. It is increasingly apparent that the cyber domain demands more guidance, with leaders opting for the deployment of cyber capabilities to bypass kinetic warfare norms. Proposed solutions abound, but none adequately address the specific features of cyber warfare that set it apart from traditional kinetic warfare. This Article argues that a new legal framework is necessary to properly address this problem, and such a doctrine should incorporate principles of chaos theory. Chaos theory is a branch of mathematics dealing with complex systems, with the most well-known example …
Constitutionalism And Africa's Agenda 2063: How To Build "The Africa We Want", John Mukum Mbaku
Constitutionalism And Africa's Agenda 2063: How To Build "The Africa We Want", John Mukum Mbaku
Brooklyn Journal of International Law
In 2013, Africans, under the leadership of the African Union, set out to develop a “strategic framework for the socio-economic transformation of the continent over the next 50 years.” This new development program was expected to “accelerate the implementation of past and existing continental initiatives for growth and sustainable development.” This transformative program, called Agenda 2063: The Africa We Want, was officially adopted by the Assembly of Heads of State and Government of the African Union in Addis Ababa, Ethiopia in January 2015. The heart of this ambitious development initiative are seven aspirations, which Africans hope to achieve by the …
Kosovo's Controversial 100 Percent Tariff: An Analysis Of Its Imposition And The Issues Bleeding Into The Conflict Between Kosovo And Serbia, Ernira Mehmetaj
Kosovo's Controversial 100 Percent Tariff: An Analysis Of Its Imposition And The Issues Bleeding Into The Conflict Between Kosovo And Serbia, Ernira Mehmetaj
Brooklyn Journal of International Law
On November 6, 2018, Kosovo imposed a 10 percent tariff on products imported from Serbia and Bosnia and Herzegovina. Later that month, on November 28, 2018, after Kosovo was denied membership in the International Criminal Police Organization, Kosovo increased the custom tariffs on Serbian and Bosnian goods from 10 to 100 percent. These actions resulted in a standstill of the European Union–mandated Belgrade-Pristina dialogue—a dialogue seeking to normalize the relations between the two states. Having the tumultuous history shared by Kosovo and Serbia as a backdrop, this Note analyzes the international agreements Kosovo is party to, specifically the Central European …
Cause Lawyering And Compassionate Lawyering In Clinical Legal Education: The Case Of Chile, Fernando Munoz L.
Cause Lawyering And Compassionate Lawyering In Clinical Legal Education: The Case Of Chile, Fernando Munoz L.
Indiana Journal of Global Legal Studies
In order to contribute from a situated perspective to a global narrative of access to justice, in the next sections I will trace the origins of compassionate and cause lawyering in the history of Chilean legal aid and training. Part II will explain how legal assistance to the poor was codified as a duty of legal professionals during the Middle Ages, in both canon law and in Castilian legislation. Part III will show that practical legal training, both in Spain and in Chile, began much later as the result of the ambition among prominent members of the legal profession to …
In Memory Of Professor James E. Bond, Janet Ainsworth
In Memory Of Professor James E. Bond, Janet Ainsworth
Seattle University Law Review
Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Experiments With Suppression: The Evolution Of Repressive Legality In Britain In The Revolutionary Period, Christopher M. Roberts
Experiments With Suppression: The Evolution Of Repressive Legality In Britain In The Revolutionary Period, Christopher M. Roberts
Loyola of Los Angeles International and Comparative Law Review
This article is concerned with the structure of repressive governance, and how it has evolved historically. It examines this theme through an exploration of the manner which repressive laws and institutions evolved in Britain over the course of the late eighteenth century. In particular, it reviews the various measures that British authorities utilized and relied upon in order to confront a growing wave of calls for social and political reforms. These included a policy of aggressive prosecutions of dissidents; the creation of new institutions such as the Home Office designed to enhance the powers of the central authorities; extralegal measures …
Bali Mawacara: Is A Quasi-Common Law System Developing In Balinese Customary Law?, Danial Kelly, Wayan P. Windia
Bali Mawacara: Is A Quasi-Common Law System Developing In Balinese Customary Law?, Danial Kelly, Wayan P. Windia
Indonesia Law Review
The Indonesian island of Bali is internationally renowned as a popular tourist destination. Tourists from around the world have been attracted to Bali’s rich and colourful displays of culture and its friendly people for many decades. Intertwined with the predominately Hindu culture that is so readily visible is the invisible customary legal system of Bali that regulates much of the daily life of the Balinese. This autochthonous legal system exists in plurality with the Indonesian state legal system. As with all legal systems, the Balinese customary law system is in a state of flux. This article will examine the foundational …
How Much Do Expert Opinions Matter? An Empirical Investigation Of Selection Bias, Adversarial Bias, And Judicial Deference In Chinese Medical, Chunyan Ding
Brooklyn Journal of International Law
This article investigates the nature of the operation and the role of expert opinions in Chinese medical negligence litigation, drawing on content analysis of 3,619 medical negligence cases and an in-depth survey of judges with experience of adjudicating medical negligence cases. It offers three major findings: first, that both parties to medical negligence disputes show significant selection bias of medical opinions, as do courts when selecting court-appointed experts; second, expert opinions in medical negligence litigation demonstrate substantial adversarial bias; third, courts display very strong judicial deference to expert opinions in determining medical negligence liability. This article fills the methodological gap …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Panel 1: Prison Reform In The United States And Abroad, Brenda V. Smith, William Hellerstein, Deborah Labelle, Juan E. Mendez
Panel 1: Prison Reform In The United States And Abroad, Brenda V. Smith, William Hellerstein, Deborah Labelle, Juan E. Mendez
Presentations
Professor Emeritus Herman Schwartz’s distinguished career has focused attention on the cause of human rights, civil liberties, and the rule of law. From the UN to Helsinki Watch, and from Israel and Eastern Europe to the United States, his work on emerging democracies, constitutional reform, and rule of law has inspired a generation of students, scholars, and practitioners to engage in this important work. Join us for a symposium on prison reform, comparative constitutionalism, voting rights, and human rights in Israel, with experts, activists, and academics in celebration of his contributions.
Enforcement Mechanisms For International Standards Of Judicial Independence: The Role Of Government And Private Actors, Rachel Stopchinski
Enforcement Mechanisms For International Standards Of Judicial Independence: The Role Of Government And Private Actors, Rachel Stopchinski
Indiana Journal of Global Legal Studies
In 2017, the prevailing political party in Poland, Law and Justice (Prawo i Sprawiedliwos6), proposed a series of radical legislative changes designed to strip the Polish judiciary of its independence. Though the European Union (EU) has extensively investigated this egregious attack on the rule of law, no concrete steps have been taken to impose sanctums on, or otherwise discipline, the Polish government for defying EU ideals. Despite the fundamental importance of judicial independence in maintaining the rule of law, there are presently no widely adopted international standards of judicial independence. Therefore, no guidelines are promulgated for governments to follow, and …
Understanding The Politics Of Resentment: Of The Principles, Institutions, Counter-Strategies, Normative Change, And The Habits Of Heart, Tomasz Tadeusz Koncewicz
Understanding The Politics Of Resentment: Of The Principles, Institutions, Counter-Strategies, Normative Change, And The Habits Of Heart, Tomasz Tadeusz Koncewicz
Indiana Journal of Global Legal Studies
The paper asks, when is a constitutional design of any (domestic, international, supranational) polity in error? On the most general level, such a critical juncture occurs when a polity's founding document (treaty, convention, constitution) protects against dangers that no longer exist or does not protect against the dangers that were not contemplated by the founders. Constitutions not only rule but should also protect against deconstitution. When analyzed together, the cases of Hungary, Poland, South America, and more recently, the United States, suggest a worrying new pattern of the erosion of constitutional democracies. One may even speak of a recipe for …
Forging Taiwan’S Legal Identity, Margaret K. Lewis
Forging Taiwan’S Legal Identity, Margaret K. Lewis
Brooklyn Journal of International Law
The legal system in Taiwan is undergoing a transformation. Over a hundred years since the founding of the Republic of China and over thirty years since the end of martial law on Taiwan, a new legal identity is being forged. Public criticism of “dinosaur” judges and esoteric debates among law-trained elites have galvanized efforts to create a more inclusive discussion surrounding legal reforms. Taiwan is facing the challenge of moving from dinosaurs to dynamism. This Article argues that transparency, clarity, and participation both are animating principles of the current reform debate and are beginning to emerge as characteristics of Taiwan’s …
Grinding Down The Edges Of The Free Expression Right In Hong Kong, Stuart Hargreaves
Grinding Down The Edges Of The Free Expression Right In Hong Kong, Stuart Hargreaves
Brooklyn Journal of International Law
In the liberal-democratic tradition limits on speech must be clear, precise, and subject to justification within the particular constitutional framework of a given jurisdiction. In the Hong Kong Special Administrative Region (HKSAR), the Court of Final Appeal has developed a line of jurisprudence that explains under which circumstances the Government of Hong Kong (Government) may seek to limit the free speech provisions contained within the Basic Law, Hong Kong's quasi-constitution. In its fight against ‘localists,’ however, rather than legislating a clear speech restriction that is consistent with this jurisprudence, the Government has instead attempted to suppress unwelcome political speech in …
Is China A “Rule-By-Law” Regime?, Kwai Hang Ng
Is China A “Rule-By-Law” Regime?, Kwai Hang Ng
Buffalo Law Review
No abstract provided.
The Nationalization Of The Dutch Owned Plantations In North Sumatra: To Whom The Communal Land Belong?, Edy Ikhsan
The Nationalization Of The Dutch Owned Plantations In North Sumatra: To Whom The Communal Land Belong?, Edy Ikhsan
Indonesia Law Review
This article has been developed through an analysis of primary and secondary sources concerning the nationalization’s policy of the Dutch enterprises in Indonesia as had been conducted by Soekarno’s regime back in 1958. The impact of this said policy has been so much felt very strongly to these days, most especially on the ex-concessionary lands of the Dutch enterprises in North Sumatera. The flaws made by the Indonesian government in interpreting the terminology of Concession to the Cultivation Rights on Lands, in the said nationalization policy, have created various endless conflicts among central and regional governments, state-owned enterprises, the Sultanates …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
An Alternative Path To Rule Of Law? Thailand's Twenty-First Century Administrative Courts, Frank Munger
An Alternative Path To Rule Of Law? Thailand's Twenty-First Century Administrative Courts, Frank Munger
Indiana Journal of Global Legal Studies
This study examines why courts made sense to those who established them and how the courts' authority is being utilized. For relatively powerless and resource-poor litigants, barriers to litigation may be many, but when these barriers are overcome, administrative courts exercise extraordinary influence, even when they fail to render a decision fully vindicating a plaintiffs legal rights. Administrative courts serve multiple functions, not only by exercising power, in the famed words of Chief Justice Marshall, "to say what the law is," 13 but also by decentering the concentrated power of Thailand's insular and tradition bound ministries as well as its …