Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (104)
- Transnational Law (55)
- Law and Politics (46)
- Other Law (45)
- European Law (43)
-
- Law and Society (42)
- Law and Economics (41)
- Human Rights Law (38)
- Legislation (34)
- Constitutional Law (27)
- Legal History (23)
- Commercial Law (21)
- Public Law and Legal Theory (21)
- Criminal Law (18)
- International Humanitarian Law (18)
- Military, War, and Peace (18)
- Courts (17)
- Legal Remedies (16)
- National Security Law (16)
- Rule of Law (16)
- Science and Technology Law (16)
- Internet Law (15)
- Administrative Law (14)
- Civil Rights and Discrimination (13)
- Jurisdiction (13)
- Dispute Resolution and Arbitration (12)
- Environmental Law (12)
- International Trade Law (12)
- Keyword
-
- European Union (6)
- International Law (4)
- World Health Organization (3)
- China (2)
- Courts (2)
-
- Cultural Property (2)
- European Court of Justice (2)
- Independence (2)
- Intellectual Property (2)
- Internet (2)
- Privacy (2)
- Secession (2)
- Social (2)
- Treaty (2)
- United Kingdom (2)
- United Nations (2)
- United Nations Educational (2)
- Abkhazia (1)
- Accountability; Corporate Governance; "Wenze" Accountability; China; Chinese Corporate Governance; Anglo-American Corporate Governance; "Guanxi" (personal connections/ relationships); Cultural Factors and Elements; Cultural Sensitivity; State Owned Enterprises (SOE); Corporate Strategy; Profit Distribution; Decentralization; Hybrid Corporate Governance Model; "Renqing" (reciprocity); Gift Giving; "Mianzi" (face); "Xinren" (trust); Confucianism; G20/OECD's Principles of Corporate Governance; Transparency; Relationology; Cultural Derivatives; Two-Tier Board System; Board Ethics; Information Accuracy; Justification and Explanation Followed by Questioning and Evaluation; Imposition of Consequences; Positive Values; Negative Problems; Harmonious Business Environment (1)
- Adoption; Adoption Law; Domestic adoption; Domestic adoption law; Interstate Compact on the Placement of Children; Reform; Legal history; Legal system; Family Law; European Union; EU; France; Germany; Italy; Economics; Enforcement (1)
- Afghanistan; 2004 Constitution; Constitution-Making; Public Participation; Post-conflict States; Participatory Constitutional Design; The Right to Take Part in Constitution-writing; Democracy (1)
- Africa; Cameroon; African Union; United Nations; Constitutionalism; Organization of African Unity; South Africa; Agenda 2063; Agenda 2030; Constitution; Corruption; Government; Human Rights; Aspiration One; Election Malpractice; Reforms; Stakeholders; Consent; Post-Independence; Federalist; Factionalism; Montesquieu; Separation of Powers; Judicial Independence (1)
- Africa; World Trade Organization; plastic bag regulation; plastic bags; Technical Barriers to Trade Agreement; TBT Agreement; environmental protection; sustainable development; General Agreement on Tariffs and Trade; GATT; multilateral trade; environmental regulation; developing countries; Trade and Environment (1)
- Aiming at the Abolition of the Death Penalty; African Charter on the Rights and Welfare of the Child; African Charter on Human and Peoples’ Rights (Banjul Charter); Organization of African Unity (OAU); African Union (AU); UN Convention on the Rights of the Child; Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol); Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW); freedom (1)
- Airplane (1)
- Airplanes (1)
- Alaska (1)
- Algeria (1)
- Alibaba (1)
- Alibaba Partnership (1)
- Publication Year
- Publication
- Publication Type
Articles 61 - 90 of 138
Full-Text Articles in Comparative and Foreign Law
Are Centralized Cryptocurrency Regulations The Answer? Three Countries; Three Different Directions, Rani Shulman
Are Centralized Cryptocurrency Regulations The Answer? Three Countries; Three Different Directions, Rani Shulman
Brooklyn Journal of International Law
Virtual currencies have undoubtably been a topic of conversation and uncertainty for some time. Many countries have jumped ahead of the industry and regulated cryptocurrencies, while others have taken a back seat to see exactly how the market responds. This Note explores the history behind cryptocurrency and Blockchain and how governments worldwide have dealt with the growing concern regarding regulation of the often volatile and decentralized industry. By way of comparative analysis, this Note examines how China, Switzerland, and the United States have taken measures to either embrace or repudiate the industry, as well as how they have succeeded and …
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 …
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 …
Reducing The Governance Gap For Corporate Complicity In International Crimes, Seunghyun Nam
Reducing The Governance Gap For Corporate Complicity In International Crimes, Seunghyun Nam
Brooklyn Journal of International Law
With increasing reports of corporations involved in serious human rights abuses that amount to international crimes, there are greater calls for states to hold these corporations accountable. Still, many obstacles and challenges remain when it comes to holding corporations accountable. Complex corporate structures, the extraterritorial dimension of the abuses, competition among states and businesses, lack of institutional capacity on the part of states, and lack of legal coordination among states collectively create an impunity gap. The case studies of the situation in Burma and the Democratic Republic of Congo involving foreign companies aim to illustrate this governance gap. With growing …
Of Sustainable Development In Africa: Addressing The (In)Congruence Of Plastic Bag Regulations With International Trade Rules, Regis Y, Simo
Of Sustainable Development In Africa: Addressing The (In)Congruence Of Plastic Bag Regulations With International Trade Rules, Regis Y, Simo
Brooklyn Journal of International Law
Several aspects of the trade policies of African countries suffer from neglect in the legal literature. When they are the object of research, the focus is sometimes limited to their participation in the dispute settlement system or on the enforceability of special and differential treatment provisions. While practice displays that African countries have almost never been the target of complaints for a number a reasons, those approaches do not always take into consideration African countries’ domestic measures affecting the flow of goods and services, which could eventually trigger disputes. This paper intends to fill that gap and add to the …
Looking To The United Kingdom To Overhaul New York State’S Paid Family Leave Law And Close The Global Gender Gap, John Pietruszka
Looking To The United Kingdom To Overhaul New York State’S Paid Family Leave Law And Close The Global Gender Gap, John Pietruszka
Brooklyn Journal of International Law
The World Economic Forum estimates that mitigating gender-based disparities in the area of economic participation could lead to substantial economic benefits for the global economy. However, the international system of sovereign states requires this effort be piecemeal, as each state must set priorities to achieve greater gender parity within its own economic, political, and cultural contexts. The United States, by virtue of being the largest economy in the world by nominal GDP, undoubtedly has one of the largest roles to play in the effort to mitigate this global problem. Nonetheless, it lags behind other nation-states in several key areas that …
Comparative Analysis Of The Eu’S Gdpr And Brazil’S Lgpd: Enforcement Challenges With The Lgpd, Abigayle Erickson
Comparative Analysis Of The Eu’S Gdpr And Brazil’S Lgpd: Enforcement Challenges With The Lgpd, Abigayle Erickson
Brooklyn Journal of International Law
In the wake of the adoption of the European Union’s General Data Protection Regulation (GDPR) in May 2018, other countries and jurisdictions have contemplated personal data privacy legislation. In August 2018, the former president of Brazil, Michel Temer, signed the country’s comprehensive data privacy regulation, Lei Geral de Proteção de Dados Pessoais (LGPD), into law. Temer, however, vetoed many of the enforcement provisions. Shortly before leaving office, Temer signed an executive order creating a regulatory agency as the bill initially called for, but situated the agency under executive control instead of creating a wholly independent agency. This Note provides a …
A Third Way Of Thinking About Cultural Property, Lucas Lixinski
A Third Way Of Thinking About Cultural Property, Lucas Lixinski
Brooklyn Journal of International Law
The article argues that the dichotomy between nationalism and internationalism with respect to cultural property, while formative, has outlived its utility, and in many respects compromised the viability of the public good it aims to safeguard. Focused on the example of cultural property in international law, this article argues for more community-centric forms of governance, beyond the interests of states and an undefined “international.” It extrapolates the lessons from cultural property to other forms of resource governance in international law.
Safeguarding Democracy In Europe: A Bulwark Against Hungary’S Subversion Of Civil Society, Hannah J. Sarokin
Safeguarding Democracy In Europe: A Bulwark Against Hungary’S Subversion Of Civil Society, Hannah J. Sarokin
Brooklyn Journal of International Law
Spurred in large part by a mounting humanitarian crisis in Syria, the 2015 migrant crisis exposed deeply rooted fractures within the European Union regarding refugee resettlement. While the European Union worked to develop a synchronized response to the influx of refugees and asylees, Hungary defiantly sought to close its borders. In doing so, the Hungarian government targeted not only those seeking refuge, but its own civil society. In a series of opaque and overtly punitive legislative acts passed in the summer of 2018, Hungary criminalized any civil society activities that facilitate or assist with immigration. This Note will analyze the …
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 …
Roots Of Revolution: The African National Congress And Gay Liberation In South Africa, Joseph S. Jackson
Roots Of Revolution: The African National Congress And Gay Liberation In South Africa, Joseph S. Jackson
Brooklyn Journal of International Law
South Africa’s post-apartheid constitutions were the first in the world to contain an explicit prohibition of discrimination on grounds of sexual orientation, and that prohibition established the foundation for marriage equality and broad judicial and legislative protection of gay rights in South Africa. The source of this gay rights clause in the South African Constitution can be found in the African National Congress’s decision to include such a clause in the ANC’s A Bill of Rights for a New South Africa, published when the apartheid government of South Africa was still in power. This article traces the story of that …
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 …
Trade Secret Protection In Japan And The United States: Comparison And Recommendations, Thomas Landman
Trade Secret Protection In Japan And The United States: Comparison And Recommendations, Thomas Landman
Brooklyn Journal of International Law
Trade secret law is a vital, yet often misunderstood, form of intellectual property law. As economic superpowers, both Japan and the United States realize that effective trade secret protection is essential for the prosperity of their domestic economies, and both nations have enacted laws to protect their trade secrets. While both Japan and the United States are signatories to the TRIPS agreement and therefore provide a shared baseline standard of trade secret protection, cultural and systemic differences between the two nations have resulted in differences in the way each nation implements its trade secret laws. This Note traces the history …
The Plight Of Georgia: Russian Occupation And The Energy Charter Treaty, Jennessa M. Lever
The Plight Of Georgia: Russian Occupation And The Energy Charter Treaty, Jennessa M. Lever
Brooklyn Journal of International Law
After the Five-Day Russo-Georgian War, Russia usurped Georgian separatist territories, including a stretch of the Baku-Supsa Pipeline which provides gas to Europe. The continued occupation by Russia endangers Georgian sovereignty, natural resources, and economic security and puts Europe’s gas security at risk. The Energy Charter Treaty (ECT), through provisional application, provides a unique opportunity to assist Georgia’s battle for territorial integrity. This Note will examine the ECT’s ability to provide a pathway for Georgian economic and energy security by holding Russia accountable for violations of the ECT and removing Russia’s stronghold on the region.
“Why Did Constantinople Get The Works? That’S Nobody’S Business But The Turks.” A New Approach To Cultural Property Claims And Geographic Renaming Under The 1970 Unesco Convention, Kasey Theresa Mahoney
“Why Did Constantinople Get The Works? That’S Nobody’S Business But The Turks.” A New Approach To Cultural Property Claims And Geographic Renaming Under The 1970 Unesco Convention, Kasey Theresa Mahoney
Brooklyn Journal of International Law
The landscape of cultural property and cultural heritage discourse is continually evolving, and the traditional means of regulating disputes must not only be adapted to the current climate but proactively address foreseeable future concerns. This Note explores the Republic of Turkey’s increasing litigiousness with regard to its reparation claims and, further, considers the notion of culture as geographic boundaries transform over the course of time. This Note will analyze the leading international cultural property treaty, the 1970 UNESCO Convention, and recommend UNESCO adopt two mandates to curb the chilling effect current litigation has had on the preservation and dissemination of …
The Inaugural Brooklyn Lecture On International Business Law: “Isds: The Wild, Wild West Of International Practice”, George Kahale Iii
The Inaugural Brooklyn Lecture On International Business Law: “Isds: The Wild, Wild West Of International Practice”, George Kahale Iii
Brooklyn Journal of International Law
The lecture was delivered on April 3, 2018 at Brooklyn Law School and was sponsored by the Dennis J. Block Center for the Study of International Business Law and the Brooklyn Journal of International Law.
Chancing The Arm To Save The Face: The Fight For Irish Gaelic Recognition And Ending The Stormont Deadlock, Samantha F. Sigelakis-Minski
Chancing The Arm To Save The Face: The Fight For Irish Gaelic Recognition And Ending The Stormont Deadlock, Samantha F. Sigelakis-Minski
Brooklyn Journal of International Law
Since January 2017, the Northern Irish government has been shut down, with both the Executive and Assembly collapsed and the two major political coalitions deadlocked. Since then, civil servants with no major decision-making power have largely run the government. One of the deadlock’s major battlegrounds is whether there should be legislation in Northern Ireland mandating that Gaeilge, or Irish Gaelic, be treated as a language of equal status to that of English. This Note explores this issue and argues that the right to equal language protections is founded in the right to one’s cultural identity, and as such should be …
Rethinking Isds, George Kahale Iii
Rethinking Isds, George Kahale Iii
Brooklyn Journal of International Law
The author is Chairman of Curtis, Mallet-Prevost, Colt & Mosle LLP and has acted as lead counsel for respondent states in many investor-state arbitrations, including several of the cases referred to herein. His article won the 2019 Burton Award for Distinguished Legal Writing.
Against Aviation Orthodoxy: India's Foreign Investment Regime For The Airline Industry, Jae Woon Lee, Umakanth Varottil
Against Aviation Orthodoxy: India's Foreign Investment Regime For The Airline Industry, Jae Woon Lee, Umakanth Varottil
Brooklyn Journal of International Law
The foreign investment regime governing the airline industry has been the subject matter of considerable debate. Our goal in this article is to supplement the literature by embarking on an analysis of the foreign investment regime in India and to cautiously suggest that India’s new regulatory reforms could be a harbinger for other states. A study of the foreign investment regime in the airline industry in India is both interesting and timely, for at least two reasons. First, India has nearly everything that bodes well for the growth of an aviation market, and it is one of the fastest growing …
Pursuing A Universal Threshold For Regulating Incitement To Discrimination, Hostility Or Violence, Rebecca Meyer
Pursuing A Universal Threshold For Regulating Incitement To Discrimination, Hostility Or Violence, Rebecca Meyer
Brooklyn Journal of International Law
The International Covenant on Civil and Political Rights (ICCPR) recognizes that although the right to freedom of expression is essential, it is not absolute. The ICCPR prohibits speech that incites to discrimination, hostility, or violence. The provision prohibiting such speech is important to protect individuals and communities. Yet, not all countries are adequately enforcing its mandate. Such countries are letting inciting speech spread and, in some instances, violence has ensued. Conversely, some countries are taking enforcement too far, using the criminalization of inciting speech as a tool to silence political dissent. In light of the divergent interpretations—each problematic in its …
Analyzing The Potential For Universal Disarmament Of Autonomous Weapons Systems Or How I Learned To Stop Working And Love The Killer Robot, Frank Nicholas Kelly
Analyzing The Potential For Universal Disarmament Of Autonomous Weapons Systems Or How I Learned To Stop Working And Love The Killer Robot, Frank Nicholas Kelly
Brooklyn Journal of International Law
Lethal autonomous weapons systems (LAWS) have recently become the subject of debate among scholars, world leaders, nongovernmental organizations (NGOs), and the popular media. While the dangers of autonomous robotics have existed for decades in science fiction, technology has only recently made the implementation of robots capable of military combat a real possibility. With the advent of this technology, many government leaders, politicians, scientists, and business leaders are advancing the argument that just because autonomous weapons can exist does not mean they should. Some countries, however, have demonstrated a strong interest in the continued developing LAWS, making universal disarmament unlikely. This …
Armenia And Azerbaijan's Struggle With Occupation In Nagorno-Karabakh, Carolyn Morway
Armenia And Azerbaijan's Struggle With Occupation In Nagorno-Karabakh, Carolyn Morway
Brooklyn Journal of International Law
The corrupt occupation of Nagorno-Karabakh and its surrounding areas has resulted in displaced civilians, chaotic military violence, poor judicial law-making, and hostile international relations. Analyzing the international law of occupation’s purposes and its humanitarian requirements illustrates that there is a need for change. Set against the backdrop of Nagorno-Karabakh’s precarious situation, the international community should take this opportunity to reformulate the international law of occupation with sovereignty and humanitarian principles guiding the change. The effort could prevent another such “frozen conflict.”
From Discretion To Law: Rights-Based Concerns And The Evolution Of International Sanctions, Christopher Roberts
From Discretion To Law: Rights-Based Concerns And The Evolution Of International Sanctions, Christopher Roberts
Brooklyn Journal of International Law
This Article considers the manner in which rights-based concerns have increasingly impacted upon the nature of international sanctions regimes. First, this Article considers two better-known instances of this impact—the manner in which general sanctions became more targeted, and the manner in which due process concerns came to receive greater respect in the context of targeting decisions. Following these investigations, this Article turns to explore a third, under-recognized development—the gradual evolution of a sense that sanctions may be required in certain instances. It explores this development by highlighting the growing scope of understandings of responsibility within various bodies of public international …
Moving From Management To Termination: A Case Study Of Prolonged Occupation, David Hughes
Moving From Management To Termination: A Case Study Of Prolonged Occupation, David Hughes
Brooklyn Journal of International Law
In 2017, the Israeli occupation of the Palestinian territories reached a half-century in duration. This reignited a conversation amongst legal scholars. In articles and books, lawyers questioned the efficacy of occupation law. They asked whether it had become an anachronism. Across Israel and the Palestinian territories, those that directly invoke the law of occupation sought a more effective means of adapting the law to meet the exigencies of a fifty-year-old occupation. The accompanying debates recalled questions concerning the legal treatment of prolonged occupation. This article seeks to fundamentally alter the recurring discourse. Built around a detailed case study of Israel’s …
The Price Is Rights: Getting The United Arab Emirates Up To International Speed In The Labor Law Department, Janae C. Cummings
The Price Is Rights: Getting The United Arab Emirates Up To International Speed In The Labor Law Department, Janae C. Cummings
Brooklyn Journal of International Law
Despite a rapidly growing economy and a tremendous accumulation of wealth, the United Arab Emirates has facilitated many human rights abuses against migrant workers from impoverished countries throughout the world. The UAE’s system of recruitment, payment and living conditions put already vulnerable populations in considerably worse economic conditions by exploiting their labor and creating significant barriers to challenging the unjust employment system. After being sold on the idea that migrating to the UAE would bring a semblance of economic advancement, many migrants find themselves in inhumane working conditions and debt from having to pay excessive amounts of money to recruitment …
Venezuela: A Uniquely Senian Insight Into A Human Rights Crisis, Andrea I. Scheer
Venezuela: A Uniquely Senian Insight Into A Human Rights Crisis, Andrea I. Scheer
Brooklyn Journal of International Law
For over twenty decades, Venezuelan political leaders have blatantly disregarded their citizens’ human rights, leading to the downfall of Venezuela’s economy and democratic institutions, including severe food and medicine shortages, as well as staggering inflation rates. As a result, Venezuela provides a unique affirmation of the Capabilities Approach introduced by Professor Amartya Sen, which focuses not only on the freedoms that individuals possess, but also on what individuals are capable of doing as possessors of these freedoms. This Note seeks to use Sen’s Capabilities Approach to understand the nature and scope of Venezuela’s multidimensional crisis, arguing that a Senian approach …
The (Not-So) “Brave New World Of International Criminal Enforcement”: The Intricacies Of Multi-Jurisdictional White-Collar Investigations, Emily T. Carlson
The (Not-So) “Brave New World Of International Criminal Enforcement”: The Intricacies Of Multi-Jurisdictional White-Collar Investigations, Emily T. Carlson
Brooklyn Law Review
We have entered a new age of international white-collar crime and are seeing the growing interdependency of the Department of Justice (DOJ) and parallel foreign agencies to conduct investigations and subsequent prosecutorial proceedings. This coordination to combat these crimes, however, has revealed a troubling question—how can enforcement agencies work effectively together if they have fundamental differences in the legal authority governing testimony-gathering and what evidence is allowed before a grand jury? The Court of Appeals for the Second Circuit, in United States v. Allen, confronted this issue directly as it overturned two indictments arising out of suspected manipulation of a …
Assesing The Gig Economy In Comparative Perspective: How Platform Work Challenges The French And American Legal Orders, Jeremy Pilaar
Assesing The Gig Economy In Comparative Perspective: How Platform Work Challenges The French And American Legal Orders, Jeremy Pilaar
Journal of Law and Policy
Both the gig economy’s critics and supporters tend to assume that it represents an assault on current employment structures. Comparative theory, however, emphasizes that legal regimes are durable in the face of new challenges. Fortunately, the gig economy’s prevalence throughout the world gives scholars the chance to evaluate this tension. This paper analyzes whether platform work undermines existing legal systems by testing two comparative theories in the United States and France. The first predicts that French law should mobilize against platform firms to protect producers’ livelihoods and that American law should embrace these services for lowering consumer prices. The second …
Particular Social Groups: Vague Definitions And An Indeterminate Future For Asylum Seekers, Christopher C. Malwitz
Particular Social Groups: Vague Definitions And An Indeterminate Future For Asylum Seekers, Christopher C. Malwitz
Brooklyn Law Review
Victims fleeing their native countries to escape violence, discrimination, or persecution are provided a limited number of mechanisms under current immigration law to gain refuge in the United States. Under the controlling law, aliens entering the United States are eligible for asylum if they qualify under one of five protected grounds, including race, religion, nationality, membership in a particular social group, or political opinion. But the complete lack of statutory guidance surrounding what constitutes a “particular social group” is incredibly controversial and confusing. The immigration statutes provide no language defining this protected ground. Thus, the guiding framework and eligibility criteria …
Search Query: Can America Accept A Right To Be Forgotten As A Publicity Right?, James J. Lavelle
Search Query: Can America Accept A Right To Be Forgotten As A Publicity Right?, James J. Lavelle
Brooklyn Law Review
Search engines have profoundly changed the relationship between privacy and free speech by making personal information widely and cheaply available to a global audience. This has raised many concerns both over how online companies handle the information they collect and how regular citizens use online services to invade other people’s privacy. One way Europe has addressed this change is by providing European Union citizens with a right to petition search engines to deindex links from search results—a so-called “right to be forgotten.” If the information contained in a search result is “inadequate, irrelevant or no longer relevant,” the search engine …