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Articles 1 - 30 of 219
Full-Text Articles in Comparative and Foreign Law
On Facial Recognition, Regulation, And "Data Necropolitics", Antonio Pele, Caitlin Mulholland
On Facial Recognition, Regulation, And "Data Necropolitics", Antonio Pele, Caitlin Mulholland
Indiana Journal of Global Legal Studies
This paper argues for actual and legal regulation of artificial intelligence (AI) and facial recognition. These new technologies represent great opportunities to improve the welfare of societies. However, some of their uses can also enhance discrimination and, eventually, lead to violence. From a comparative approach (examining the European Union and Brazil), we address the current and future aspects of facial regulation, AI, and personal data. This paper shows that regulation is relevant to protect the rule of law, free markets, and individual freedoms. It also examines the looming risks unfolding from the unregulated uses of new technologies. Our concept of …
Artificial Intelligence In Government: Risks And Challenges Of Algorithmic Governance In The Administrative State, Jose Vida Fernandez
Artificial Intelligence In Government: Risks And Challenges Of Algorithmic Governance In The Administrative State, Jose Vida Fernandez
Indiana Journal of Global Legal Studies
This article analyzes the legal implications of using artificial intelligence in government and how it is challenging the foundations of the administrative state. It begins by demonstrating that a new model of government is emerging, based on information and intelligence (i-Gov). To understand the nature and scope of this new i-Gov model, this article will explain what artificial intelligence really is and analyze the applications that are currently being carried out in the US and the EU. Next, it will review the regulatory framework that is emerging that regulates government use of artificial intelligence in both the US and the …
The Curtailment Of Constitutional Rights And Mechanisms Of Social Control In The People's Republic Of China: Hubei Province Case At The Onset Of The Covid-19 Pandemic, Fabio Ratto Trabucco
The Curtailment Of Constitutional Rights And Mechanisms Of Social Control In The People's Republic Of China: Hubei Province Case At The Onset Of The Covid-19 Pandemic, Fabio Ratto Trabucco
Indiana Journal of Global Legal Studies
This paper analyzes the curtailment of constitutional rights arising from the implementation of emergency measures due to the COVID-19 pandemic in China’s Hubei Province, which was not at all counterbalanced by introducing new forms of due constitutional protection. Likewise, high expectations cannot be set on pre-existing means of constitutional safeguards since the Chinese government clearly refused to establish new or different safeguarding procedures nor did it deem it necessary to establish ad hoc courts in order to tackle the COVID-19 pandemic. The paper is laid out as follows: (1) fundamental rights in a contemporary socialist state: an overview; (2) containment …
Introduction: The Risk Of Digitalization: Transforming Government Into A Digital Leviathan, Jose Vida Fernandez
Introduction: The Risk Of Digitalization: Transforming Government Into A Digital Leviathan, Jose Vida Fernandez
Indiana Journal of Global Legal Studies
This paper provides an overview of the threats posed by digitalization, particularly with regard to the public sector. It starts by describing digital risks as true global risks and argues that their scope and severity have not been recognized until now. The most well-known challenges come from the transformation of the private sector (economy, society, and individuals) and the emergence of large private powers that dominate the digital environment (digital feudal lord). However, there are even greater challenges coming from the digitization of government, creating almighty public bodies detached from laws that kept them locked until now.
Neurorights And New Charts Of Digital Rights: A Dialogue Beyond The Limits Of The Law, Rafael Yuste
Neurorights And New Charts Of Digital Rights: A Dialogue Beyond The Limits Of The Law, Rafael Yuste
Indiana Journal of Global Legal Studies
In this article, the authors address some of the most pressing issues that stem from the relationship between the technological advancements of the twenty-first century and legal regulation. The development of neurotechnology and artificial intelligence (AI), while offering considerable opportunities for the betterment of social life, also poses unprecedented risks. These challenges manifest in a wide variety of topics. Areas such as human rights treaties, antitrust law, property law, and labor law are affected by these developments. The risks associated with the unregulated use of neurotechnology and AI do not cease at the sectorial stage. Some of the values upon …
Trust In Artificial Intelligence: Analysis Of The European Commission Proposal For A Regulation Of Artificial Intelligence, Antonio Estella
Trust In Artificial Intelligence: Analysis Of The European Commission Proposal For A Regulation Of Artificial Intelligence, Antonio Estella
Indiana Journal of Global Legal Studies
I shall start by reflecting on the importance that trust has for society (section 2). From there, I will define what is to be understood in this paper by trust (section 3). I shall then review the basis of trust (section 4) and shall make a reference to the main sources of evidence on trust (like, surveys and laboratory experiments), and to some of the results that these sources reveal on interpersonal and institutional trust (section 5). In the next section (section 6), I shall go on to analyse specifically the issue of trust in AI, will refer to the …
The Contentious Issues Of Governance By Algorithms, Gilles J. Gugielmi
The Contentious Issues Of Governance By Algorithms, Gilles J. Gugielmi
Indiana Journal of Global Legal Studies
The development of computerized tools that lead to decision-making processes which apply locally defined parameters poses many questions about democracy. These questions stem from our very conception of the state and its role, going beyond the boundaries of typical administrative law. According to a popular notion that permeates the practices of most executive branches in liberal political regimes, democratic concerns are now competing with managerial concerns. In order to analyze this idea, we must study the implementation of algorithms in administrative decision-making, underscoring both the changes to the characterization of administrative decisions and the questions raised about an administrative judicial …
Blockchain And The Right To Good Administration: Adding Blocks To Or Blocking Of The Globalization Of Good Administration?, Migle Laukyte
Blockchain And The Right To Good Administration: Adding Blocks To Or Blocking Of The Globalization Of Good Administration?, Migle Laukyte
Indiana Journal of Global Legal Studies
In this article, the author addresses the complex and multifaceted relationship between the right to good administration enshrined in the Charter of Fundamental Rights of the European Union and the uses of blockchain technology by the public administration, which is in charge of making the right to good administration real. The opportunities and threats come hand in hand, and there is an urgent need to push forward a public debate on the uses and misuses of blockchain to guarantee public services, so much so that many aspects of blockchain are not compatible with citizens’ expectations in relation to the public …
The Digital Transformation Of Tax Systems Progress, Pitfalls, And Protection In A Danish Context, Louise Blichfeldt Fjord, Peter K. Schmidt
The Digital Transformation Of Tax Systems Progress, Pitfalls, And Protection In A Danish Context, Louise Blichfeldt Fjord, Peter K. Schmidt
Indiana Journal of Global Legal Studies
The authors examine possibilities and challenges in using digital tools to obtain tax simplification and to improve tax assessment, collection, and transparency. Hence, the main objectives of the article are, from a legal perspective, to shed additional light on the relations between tax administrations and taxpayers in an increasingly digitalized world and to discuss how this development may influence taxpayers’ rights and the overall efficiency of tax systems. In doing so, practical experiences—incurred in Denmark during its journey from a paper-based and manual tax administration process toward a more digitalized one— are analyzed. Against this background, it is concluded that …
Socioeconomic Rights, Competition, And Systemic Neutrality: Approaching The Right(S) Contribution To Emancipatory Social Movements, Joshua Curtis
Socioeconomic Rights, Competition, And Systemic Neutrality: Approaching The Right(S) Contribution To Emancipatory Social Movements, Joshua Curtis
Indiana Journal of Global Legal Studies
Debate over the emancipatory potential of socioeconomic rights and their relevance to broader social movements is long-standing but is now picking up steam and taking on a life well beyond its traditionally legal disciplinary confines. This article contributes to the widening debate by emphasising the need for socioeconomic rights to be re-thought simultaneously outward (through deeper engagement with extant economic and political systems) and inward (by re-assessing various doctrines ingrained in their own construction). I pursue this ‘two-track’ methodology by first constructing a novel theory regarding the outward engagement of socioeconomic rights with competition law and policy, focusing on the …
Solving Contemporary Issues In Conservation Through A Market-Based International Park System, Ian Finley
Solving Contemporary Issues In Conservation Through A Market-Based International Park System, Ian Finley
Indiana Journal of Global Legal Studies
In 2016, the United States National Park Service celebrated its centennial, which caused a flurry of calls for reflection and recommendations for improvements for national parks.1 People began urging the national parks to reaffirm their commitment to conservation and recreation, along with encouraging more research.2 It seemed to be a natural time to revisit the original “justification for both Yosemite and Yellowstone park [that] was the protection of unique scenery in the national interest.”3 That being said, in light of developments in national parks over the last one hundred years, it is important to challenge or at least qualify that …
Managing Digital Resale In The Era Of International Exhaustion, Seth Niemi
Managing Digital Resale In The Era Of International Exhaustion, Seth Niemi
Indiana Journal of Global Legal Studies
The Copyright Act of 1970 and Directive 2001/29/EC of the European Parliament both guarantee copyright holders’ exclusive rights of reproduction and distribution of their copyrighted material. Starting from a similar statutory basis, United States and European Union courts have diverged in their interpretation of these protections with respect to the first sale rule for digital goods. This paper analyzes the treatment of such “digital exhaustion” arguments under copyright law between the two legal systems from both the statutory interpretations employed and the policy rationales considered. The paper concludes by discussing the implications of adoption of digital exhaustion, within international law, …
Government By Algorithms At The Light Of Freedom Of Information Regimes: A Case-By-Case Approach On Adm Systems Within Public Education Sector, María Estrella Gutierrez
Government By Algorithms At The Light Of Freedom Of Information Regimes: A Case-By-Case Approach On Adm Systems Within Public Education Sector, María Estrella Gutierrez
Indiana Journal of Global Legal Studies
What the Houston Court qualified as “mysterious ‘black box’ impervious to challenge” was in practice a sophisticated software of many layers of calculations, which rated teachers’ effectiveness to make employment decisions. In the European Union, a system as such would fall under the Proposal for AI Regulation of 2021, which qualifies AI models in education and vocational training as “high-risk” systems. Automated decision-making systems (ADM systems), AI-driven or not, are being increasingly used by governments in public education for different purposes, such as handling applications for undergraduate admission or profiling students and teachers to assess their performance. Across cases and …
Introduction: Digital Transformation Of Government: Towards A Digital Leviathan?, Alfred C. Aman
Introduction: Digital Transformation Of Government: Towards A Digital Leviathan?, Alfred C. Aman
Indiana Journal of Global Legal Studies
A warm welcome to you all. It is a great pleasure to be able to participate in this exciting collaboration between Universidad Carlos III de Madrid (UC3M) and Indiana University—a conference that the Indiana Journal of Global Legal Studies is publishing in celebration of its thirtieth issue. This is a milestone for us, and we could not be happier to celebrate it in this way. Let me begin with a few words about the nature of this journal and its scholarly goals over the years.
Guilty Of Probable Cause: Public Arrest Records And Dignity In The Information Age, Nicholas Thompson
Guilty Of Probable Cause: Public Arrest Records And Dignity In The Information Age, Nicholas Thompson
Indiana Journal of Global Legal Studies
The United States is exceptional among Western nations in its treatment of criminal records. Today, an estimated one-third of Americans1 bear the “modern equivalent of branding”: the publicly-accessible criminal record.2 Far from remaining locked in digital limbo, these records serve a variety of purposes, from legitimate law enforcement use to extortion against arrestees seeking to scrub their mugshots from a Google search.3 It would be natural to assume that such records result from an individual’s commission of a crime, for which the individual is duly convicted and then marked with the brand of the state for the transgression. But the …
The Brcko Arbitration: A Blueprint For Ending Current And Future Ethnic Territorial Conflicts, Emma Delaney Strenski
The Brcko Arbitration: A Blueprint For Ending Current And Future Ethnic Territorial Conflicts, Emma Delaney Strenski
Indiana Journal of Global Legal Studies
Within the fields of conflict resolution, political science, and history, I am researching the effectiveness of mediating an end to current and future ethnic, territorial conflicts through international law specifically an international arbitration process. I am using the Brcko Arbitration, completed as part of the Dayton Peace Accords, as a case study of the effectiveness of international arbitration in peace building. After three years of war in Bosnia and Herzegovina from 1992-1995, Brcko was a multiethnic and multireligious city and was a cultural dividing line between the two ethnically autonomous regions of Bosnia and Herzegovina. Its options were to join …
Due Diligence In A Pandemic: State Accountability For Covid-19 Under International Law, Andrea Cocchini, Gonzalo Villalta Puig
Due Diligence In A Pandemic: State Accountability For Covid-19 Under International Law, Andrea Cocchini, Gonzalo Villalta Puig
Indiana Journal of Global Legal Studies
The coronavirus disease 2019 pandemic has tested the response capacity of the international community. This article analyses the due diligence principle and the various international legal instruments that restate it in an assessment of the possible actions that states could have taken to avoid or, at least, contain the initial outbreak of the pandemic.
Prosecuting White-Collar Financial Crime: The Contrasting Cases Of The Us, Spain, And Ireland In The Aftermath Of The 2008 Global Financial Crisis, Justin Rex, Adam Panas
Prosecuting White-Collar Financial Crime: The Contrasting Cases Of The Us, Spain, And Ireland In The Aftermath Of The 2008 Global Financial Crisis, Justin Rex, Adam Panas
Indiana Journal of Global Legal Studies
Why have no Wall Street executives been prosecuted or convicted for actions that contributed to the global financial crisis? Scholars have documented a variety of legal, bureaucratic, economic, and political reasons for a lack of prosecutions, but one missing piece from this scholarship is a comparative perspective; other countries similar also experienced the effects of the crisis but convicted more financial executives than did the US. This article examines the financial crises and post-crisis responses in Ireland and Spain to see why they put more bankers in jail. The comparative analysis highlights several legal, economic, and political variables that partially …
Voting By Proxy-Meddling In Foreign Elections And Public International Law, Patrick C. R. Terry
Voting By Proxy-Meddling In Foreign Elections And Public International Law, Patrick C. R. Terry
Indiana Journal of Global Legal Studies
Following the alleged Russian meddling in the 2016 US presidential election, there has been noticeable interest in the lawfulness of foreign interference in another state's elections under public international law. The obvious lack of previous research on the issue is surprising, given that election meddling in other states has been a widespread practice since at least the end of World War II. Indeed, according to Dov Levin, between 1946 and 2000, the United States and the Soviet Union (and Russia) alone were responsible for 117 partisan "electoral interventions" in other states. What is more, meddling in foreign elections is effective. …
Russia's Utilization Of The Covid-19 Pandemic: Lockdowns, Re-Sovereignization, And Disengagement From The West, Alexandra Orlova
Russia's Utilization Of The Covid-19 Pandemic: Lockdowns, Re-Sovereignization, And Disengagement From The West, Alexandra Orlova
Indiana Journal of Global Legal Studies
This article discusses the challenges that the COVID-19 pandemic poses to the current concepts of globalization, universality of human rights, and the rules-based international order. This article discusses how Russia has used the COVID-19 pandemic to accelerate its move away from Western ideas and institutions so as to solidify the power of its executive branch. In particular, this article examines the Russian Constitutional Court in its dealings with both the 2020 Russian constitutional amendments and the government's lockdown measures. This article concludes that the Russian Constitutional Court which is supposed to serve as a key guarantor of fundamental rights of …
Science-Intensive Dispute Mechanism For Protection Of Atmosphere: Icj, Wto And Pca, Chhaya Bhardwaj, Anmol Agarwal
Science-Intensive Dispute Mechanism For Protection Of Atmosphere: Icj, Wto And Pca, Chhaya Bhardwaj, Anmol Agarwal
Indiana Journal of Global Legal Studies
The authors argue that protection of atmosphere related science intensive disputes should be submitted to the Permanent Court of Arbitration (PCA) because it has a better approach in comparison to the International Court of Justice (ICJ), and World Trade Organization (WTO). This comparative analysis highlights different approaches by the three dispute settlement institutions. The approach by the ICJ and WTO are discretionary and follow a case-by-case method to evaluate scientific evidence. The PCA has standardized its dispute settlement process under its codified protocols for science-intensive disputes. There is an increase in science-intensity of legal issues in the twenty-first century and …
"Just Ice" For Bourbon: The Need For Gis In International Protection Of America's Beloved Spirit, Haley Scott
"Just Ice" For Bourbon: The Need For Gis In International Protection Of America's Beloved Spirit, Haley Scott
Indiana Journal of Global Legal Studies
The term "bourbon" has become increasingly popular in markets all over the globe. The popularity of the bourbon trend has been exploited for both labelling liquors and describing nonalcoholic products. Bourbon has several separate definitions, usually differing on the issue of the geographical scope of the spirit's production. The bourbon liquor industry has experienced periods of significant downturn followed by periods of explosive revival, motivated mainly by foreign interest, from countries such as Japan, in the product In the 1970s, Japanese interest in whisky and US bourbon facilitated a resurgence of the then-struggling US bourbon industry. In 2018, production of …
The Case For A Global Excess Profits Tax: A Response To Dr. Tarcísio Diniz Magalhães & Professor Allison Christians, Paige Powers
The Case For A Global Excess Profits Tax: A Response To Dr. Tarcísio Diniz Magalhães & Professor Allison Christians, Paige Powers
Indiana Journal of Global Legal Studies
In striving to slow the spread of the COVID-19 pandemic, governments across the globe acted quickly to implement various "stayat- home" orders and bans on all "non-essential activities." While these actions were likely effective in slowing the spread of the virus, the economic impacts were felt almost immediately. The US deficit rose to $3.1 trillion following massive spending to aid individuals and small businesses. Internationally, governments have been increasing their debt loads to combat both the health and financial impacts of the pandemic. Indeed, by the end of 2020, the international debt load increased to a record-breaking $281 trillion. Almost …
Civil Society And Regional Human Rights Development In Asia: Lessons From The Asian Human Rights Court Simulation, Mark L. Shope, Wen-Chen Chang
Civil Society And Regional Human Rights Development In Asia: Lessons From The Asian Human Rights Court Simulation, Mark L. Shope, Wen-Chen Chang
Indiana Journal of Global Legal Studies
In 2019, the historic first hearing of the Asian Human Rights Court Simulation (AHRCS and its "Court') took place in Taipei, Taiwan. The Court heard the case of Chiou Ho-shun v. ROC (Taiwan). The judges of the AHRCS consisted of experts in international human rights law; and observers from the media, scholars, government officials, and national and international human rights defenders were in attendance. Along with the hearings, the event included workshops on international human rights topics and a civil society dialogue. This article discusses issues surrounding the development, ecosystem, and future of the Court. The article first discusses the …
Access To Medicine In Developing Countries: Elevating State Obligations Over Corporate Profit, Hakeem O. Yusuf, Kamil Omoteso
Access To Medicine In Developing Countries: Elevating State Obligations Over Corporate Profit, Hakeem O. Yusuf, Kamil Omoteso
Indiana Journal of Global Legal Studies
This paper investigates the divergence between the objectives of the state in ensuring citizens' right to health and the profit-maximization objective of pharmaceutical corporations in relation to, access to, and supply of medicine. This divergence is pertinent given both the rising cost of medicines and unmet needs, particularly in developing countries. This paper analyses the correlation between pharmaceutical corporations' profit drive and the state's welfare obligation. There is a need to bridge the gap between business and human rights, which can be achieved by combining the concepts of "business ethical responsibility" and corporations' contributions to "common good" with the jurisprudence …
State Leadership Vs. Lawyers' Entrepreneurship: The Globalization Trajectories Of Chinese Legal Professionals Under The Belt & Road Initiative, Jing Li
Indiana Journal of Global Legal Studies
Based on the analysis of the online profiles of 205 BRI Talent Bank lawyers as accredited by China's national bar association, this article generates important empirical knowledge about the approaches and processes that a nation-state may use in directing the internationalization of legal professionals. In addition to designing the general roadmap and offering broad incentives, the state has demonstrated a much more handson approach. By collecting the so-called "state-adjacent" lawyers and commissioning them to take some concrete first steps stipulated in the roadmap, the Chinese state effectively envisions them as role models for other lawyers to follow to ensure that …
European Cross-Sectoral Collective Bargaining As Post Crisis Policy, Pascal Mcdougall
European Cross-Sectoral Collective Bargaining As Post Crisis Policy, Pascal Mcdougall
Indiana Journal of Global Legal Studies
This article proposes a policy project, centered around coordinated collective bargaining at the European Union level, to redistribute income towards low-wage workers in post-crisis Europe. It suggests we allow labor unions in sectors employing low-wage workers to present common wage demands across sectors and EU Member States. It shows that this would make union wage increases less harmful to workers and consumers than under uncoordinated sectoral bargaining, while coming more directly at the expense of managers and investors. The article then describes existing EU legal institutions that although they do not quite amount to the policy proposed here constitute useful …
Constitution Drafting After The Arab Spring: A Comparative Overview, Francesco Biagi
Constitution Drafting After The Arab Spring: A Comparative Overview, Francesco Biagi
Indiana Journal of Global Legal Studies
Scholars have written extensively on the content of post-Arab Spring constitutions, highlighting these constitutions' strengths and weaknesses. Less attention has been devoted to the processes that led to the adoption of these new documents. By providing a comprehensive comparative analysis of these constitution-drafting processes, this Article aims at contributing to filling this gap in the literature. Special focus is placed on the constitution-making processes followed in Morocco (constitution of 2011), Syria (constitution of 2012), Tunisia (constitution of 2014), and Egypt (constitutions of 2012 and 2014 the latter being amended in 2019), as well as on the constitutional reform processes that …
The Ends And The Means: Indigenous Sovereignty, Climate-Related Legal Actions, And Frameworks Of Justice, Connor Marcum
The Ends And The Means: Indigenous Sovereignty, Climate-Related Legal Actions, And Frameworks Of Justice, Connor Marcum
Indiana Journal of Global Legal Studies
Philosophy professor Timothy Morton uses climate change as his foremost example of what he calls a hyperobject: an object that occupies both more physical space and more time than humans can usefully comprehend. For example, one can understand local meteorological occurrences in isolation without necessarily understanding that a given storm was more severe than it should have been because an overall increase in global temperatures makes for a more aggressive, active hydrological cycle. Environmental organizations focused on raising awareness understand this. Public campaigns to wed the nebulous idea of climate change to specific, concrete images are incredibly memorable: think of …
Ending Demand For Modern-Day Slavery: An Analysis Of Human Trafficking In The Global Marketplace, Rachel Leach
Ending Demand For Modern-Day Slavery: An Analysis Of Human Trafficking In The Global Marketplace, Rachel Leach
Indiana Journal of Global Legal Studies
The purpose of this paper is to inform readers of the prevalence of and increasing demand for human trafficking, both domestically and globally, and to propose necessary next steps governments must take in order to end the demand for such human exploitation. This paper will closely analyze the issue of trafficking humans for sex and labor within the Western Hemisphere and throughout Asia by using the United States and China as primary case studies. These case studies analyze the specific actions or inactions taken by the United States and Chinese governments to combat modern day slavery, as well as the …