Comparative and Foreign Law Commons^™

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

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

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

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

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

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

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 …

The Human Environment: Awakening To The Indomitable Cuban Spirit--Government, Culture, And People, Berta Hernández-Truyol

FIU Law Review

My thoughts are to write about The Human Environment. I will address the recent events concerning the increased silencing of dissent and the criminal law reforms that prohibit peaceful gatherings.

The External Sector Of Cuba’S Economy: Performance And Challenges, Paolo Spadoni

FIU Law Review

Amid ongoing economic reforms, Cuba faces its most severe crisis since the 1990s Soviet Union collapse. Transitioning into a service-oriented economy, it grapples with inefficiencies, a feeble production base, and a struggling external sector. Traditionally reliant on sugar, Cuba now depends on international tourism and professional services for hard currency. However, these lack domestic production ties, limiting economic impact. Systemic constraints, a trade deficit, and dependence on imports compound challenges. Fading Venezuelan support, U.S. sanctions, the COVID-19 pandemic, and geopolitical events exacerbate economic woes. This study delves into GDP growth, trade, financial struggles, and external factors, highlighting critical hurdles impeding …

Three Decades Of Seeking Elusive Remedies, Richard E. Bissell

Perspectives

Remedy is a topic to be approached with some trepidation in the area of accountability. Throughout three decades of proliferating International Accountability Mechanisms ( IAMs), remedy has been the issue least addressed by leadership. Most management and board members find it threatening, wherever a remedial action falls on the spectrum, from an apology for error to financial compensation. The pursuit of remedy builds on the demonstrated existence of harm, which is embarrassing at the least, and brings a focus on consequences and actionable steps for those people whose lives have been damaged as well as for environmental violations. This short …

Universal Forms Of Influence: Support For Women On Boards, Cindy A. Schipani, Paula J. Caproni

Seattle University Law Review

There are various efforts underway to increase gender diversity on corporate boards, including legislation in California, a recent SEC approved comply or explain rule for companies listed on the Nasdaq stock exchange, and efforts by institutional investors such as State Street and BlackRock to recognize the value diversity brings to corporate decisionmaking. Although some of these efforts are being contested in the courts, many companies have begun to comply with these initiatives.

This Article is organized as follows. Part I provides an overview of several efforts to increase gender diversity on boards along with numerous research studies showcasing the benefits …

“Statistics Are Human Beings With The Tears Wiped Away”: Utilizing Data To Develop Strategies To Reduce The Number Of Native Americans Who Go Missing, Lori Mcpherson, Sarah Blazucki

Seattle University Law Review

On New Year’s Eve night, 2019, sixteen-year-old Selena Shelley Faye Not Afraid attended a party in Billings, Montana, about fifty miles west of her home in Hardin, Montana, near the Crow Reservation. A junior at the local high school, she was active in her community. The party carried over until the next day, and she caught a ride back toward home with friends in a van the following afternoon. When the van stopped at an interstate rest stop, Selena got out but never made it back to the van. The friends reported her missing to the police and indicated they …

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.

Letter From The Editor, Michael Klein

Notre Dame Journal of International & Comparative Law

No abstract provided.

Volume 13 Masthead, Journal Of International & Comparative Law, Notre Dame Law School

Notre Dame Journal of International & Comparative Law

No abstract provided.

Volume 13 Masthead, Journal Of International And Comparative Law, Notre Dame Law School

Notre Dame Journal of International & Comparative Law

No abstract provided.

Constructing The "Lawless Other" In Scotland And The Southern United States, Caroline K. Abbott

Notre Dame Journal of International & Comparative Law

No abstract provided.

Volume 13, Issue 1 - Full Issue, Journal Of International & Comparative Law, Notre Dame Law School

Notre Dame Journal of International & Comparative Law

No abstract provided.

A Comparative Look At Various Countries' Legal Regimes Governing Automated Vehicles, Brittany Eastman, Shay Collins, Ryan Jones, Jj Martin, Marjory S. Blumenthal, Karlyn D. Stanley

Journal of Law and Mobility

News and commentary about automated vehicles (AVs) focus on how they look and appear to operate, along with the companies developing and testing them. Behind the scenes are legal regimes—laws, regulations, and implementing bodies of different kinds—that literally and figuratively provide the rules of the road for AVs. Legal regimes matter because public welfare hinges on aspects of AV design and operation. Legal regimes can provide gatekeeping for AV developers and operators seeking to use public roads, and they can allocate liability when something goes wrong. Guiding and complementing legal regimes is public policy. Policy documents such as articulations of …

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 …

Offshore Entanglements, Martin W. Sybblis

Faculty Articles

For decades, scholars have struggled to determine how to deploy laws and legal institutions to spur economic prosperity. But, without knowing which legal rules and institutions to prioritize for a particular social context, the outcomes have been generally unsatisfactory. The case of offshore financial centers provides fresh and compelling new insights into this puzzle. This Article uses the sociological concept of community economic identity (“CEI”) to understand why some offshore financial centers prioritize investments in legal institutions that bolster their offshore finance enterprises while others do not. CEI refers to a community’s shared identity that is linked to a specific …

Laicite Or Laicita: The Regulation Of Religious Symbols In French And Italian Public Schools, Aubrie Kent

Emory Law Journal

Both France and Italy regulate the presence of religious symbols in public classrooms with the aim of transmitting national values and culture to students and promoting state unity. As more students of non-Christian backgrounds immigrate to France and Italy from outside Europe, the debate around religion in public schools has intensified, especially concerning Muslim students. France enforces a strictly neutral secular space by requiring the removal of any religious symbols, including head coverings like hijabs and yarmulkas. Italy mandated the display of the crucifix in every public school classroom until 2021, when the option was introduced to remove it. A …

Comparing Essential Components Of Transnational Jurisdiction: A Proposed Comparative Methodology, Anna C. Conley

Faculty Law Review Articles

Despite vast harmonization across many areas of private international law, approaches to transnational jurisdiction have proved resistant to harmonization. For example, the Choice of Court Convention started as large-scale attempt to unify transnational jurisdiction rules and enforcement of judgments and ended up with a significantly limited scope focused on forum selection clauses. During negotiations, deep rifts between the United States and EU delegates unearthed an unwillingness by the United States to forego common law discretionary jurisdiction doctrines such as forum non conveniens and anti-suit injunctions, and a refusal to allow such doctrines by the EU. Other examples are the European …

Perpetrators Or Victims? The U.S. Response To The Forced Criminality Of Children, Katherine Kaufka Walts, Meghan Scholnick, Joanne Curley

Faculty Publications & Other Works

No abstract provided.

“Can I Post This?”: A Call For Nuanced Interpretation Of Dmca Enforcement In The Age Of Social Media, Erin E. Bronner

Fordham Law Review

This Note advances recent scholarship critiquing the notice-and-takedown procedures used by online service providers (OSPs) under the safe-harbor provision of the Digital Millennium Copyright Act (DMCA)—specifically in the context of user-generated content (UGC) posted by end users on social media. Rights holders have increasingly put legal pressure on technology platforms to fortify their copyright protection mechanisms. Over the past decade, this imperative has manifested through an increased use of automated content recognition (ACR) technology to remove allegedly infringing UGC. ACR technology has gradually overtaken the manual, human review of UGC that the DMCA envisioned.

However, reliance on mass automated takedowns …

Nestlé V. Doe: A Death Knell To Corporate Human Rights Accountability?, Phillip Ayers

Seattle University Law Review

The Supreme Court in Nestlé v. Doe held that foreign plaintiffs who claimed to be victims of overseas tortious conduct by corporate defendants had no jurisdiction to sue in federal courts using the Alien Tort Statute. This Comment looks at the history of the Alien Tort Statute, from its inspiration, long dormancy, and recent reinvigoration beginning in the 1980s. The Comment then explores the background of Nestlé and its issues with child slavery in its cocoa supply chain. From there, the Comment analyzes the Nestlé v. Doe decision, and posits an alternative outcome. Finally, this Comment looks for a new …

The Art Of International Law, Hilary Charlesworth

American University Law Review

International lawyers study international law primarily through its written texts—treaties, official documents, judgments, and scholarly works. Critical to being an international lawyer, it seems, is access to the written word, whether in hard copy or online. Indeed, as Jesse Hohmann observes, “the production of text can come to feel like the very purpose of international law.”

Ambulatory Versus Fixed Baselines Under The Law Of The Sea, Sean Murphy

American University Law Review

When “diving” into consideration of sea-level rise issues, one finds various “pools” of international law that are perfectly suited for answering some of the issues we are addressing. For example, Professor Galvão Teles spoke about the protection of persons in the event of sea-level rise. There are, of course, various aspects of human rights law and international law relating to disasters that can be employed to resolve some of the concerns in that regard. It is just a question of applying that law to a new, factual phenomenon.

Having said that, there are some areas where existing international law is …

Opening Speech, Claudio Grossman

American University Law Review

Good morning and good afternoon, depending on your time zone. It is a great pleasure to introduce this conference on “Sea Level Rise and International Law: Assessing its Impacts on the Americas.” Sea level rise is a pressing global challenge that could generate catastrophic effects, including in the Americas, which are surrounded by four oceans: the Arctic, the Antarctic, the Atlantic, and the Pacific. Several of the countries in the Region could suffer disproportionately from the consequences of this serious phenomenon. The implications for States and people all over the world are devastating, making rising sea levels a matter of …

Letter From The Editor, Michael Klein

Notre Dame Journal of International & Comparative Law

No abstract provided.