Comparative and Foreign Law Commons^™

Masthead

UC Law SF International Law Review

No abstract provided.

Ai Governance In China: A Tale Of Three Digital Empires, Charles C. Wang, Siyi Lin, Xia Wu, Yiman Li

UC Law SF International Law Review

Since 2021, China has strategically expedited artificial intelligence (AI) legislation and refined algorithmic governance to compete with the US and the EU. The rapid growth of algorithm filing cases is a direct result of the “Made in China 2025” Initiative which prioritizes AI development driven by domestic leading tech companies like DeepSeek. As world-class digital powers, China, the US, and the EU diverge in their categorization of AI risks and adoption of regulatory measures. China’s centralized single-agency regulatory infrastructure differs from the multi-agency and decentralized governance models in the US and the EU, respectively. China does not impose the same …

Letter From The Editor, Justin Vickers

Notre Dame Journal of International & Comparative Law

No abstract provided.

The Ideological (Mis)Framing Of Comparative Procedure, Stefania Cirillo

Notre Dame Journal of International & Comparative Law

This article critiques the pervasive role of ideology in comparative studies of civil procedure, rejecting the notion that scholarly interpretation is purely technical. It highlights three main harms of ideological influence: misinterpretations of legal systems, flawed rule transplants, and exclusion of Global South perspectives. These drawbacks stem from the comparatist’s tendency to adjust reality to fit ideological preconceptions, leading to distortions in comparative analysis. While ideology often distorts comparative analysis, its complete exclusion risks neglecting moral and social dimensions. Thus, the article calls for a balanced methodology: a descriptive analysis rooted in culturalism to account for the ideological and societal …

The Latin Exclusion: Examining The Eu And The White House’S Policy Favoritism Toward Migrant Sending Latin American Nations While Punishing Similar Pressures Globally, Nicolas Garon

Notre Dame Journal of International & Comparative Law

Too often, negative perceptions of a country, whether from its government or a few citizens, result in broad restrictions applied to all nationals, either formally through policy or informally through officials’ discretion. A global norm persists in which nationals from poorer countries facing migratory pressures are subjected to heightened scrutiny and restrictive measures that deter movement to wealthier nations. Regardless of how liberal a receiving country may claim to be, states consistently adopt conservative stances on migration. Western nations, as primary destinations, often impose the harshest measures, such as travel bans and additional visa requirements, frequently based on speculative migration …

The Legal Framework Of Smart Contracts In The Arabian Gulf, Ilias Bantekas, Ameneh Yousuf Saif Al-Hosseini

Notre Dame Journal of International & Comparative Law

New tools have aided contractual transactions, particularly so-called smart contracts. Such tools have an impact on the formation of contracts and the implementation of the parties’ mutual obligations. Entities in the Arab world have generally hesitated to apply smart contract technology to high-end transactions out of fear that at some point these will not sit comfortably with existing legislation. The civil law landscape is still blurry. This article focuses on analyzing the legal framework of smart contracts in selected Arab countries and uses English smart contract regulation in order to compare how their regulation was tamed there and whether the …

Punishment In “Disneyland”: A Magical Review Of Singaporean Sentencing Law, Policy & Practice, Lucas Brolin

Notre Dame Journal of International & Comparative Law

Staying in Singapore is like visiting Disneyland, with a catch: Imagine indulging in the world’s most magical place, but Jeffrey Katzenberg gives you a walloping if you cut in line. Deploying this self-described “winning formula,” Singapore quickly rose to prosperity. Admirers and critics mutually note Singapore’s cleanliness, safety, and efficiency. Empirical metrics suggest these accolades are not anecdotal: Singapore scores at the top of global development indexes, boasts a low crime rate and high judicial clearance rate, has comprehensive infrastructure, clean public facilities and streets, and more. Singapore’s governance is rightly credited for its prosperous outcomes. However, it also invites …

“Economic Abuse” As An Element Of Domestic Violence Against Women: A Comparative Analysis Of Sri Lanka And United Kingdom, Pavithra Rajendran

Notre Dame Journal of International & Comparative Law

Economic abuse, though not a new concept in commercial law, remains underdefined and underutilized in the context of domestic violence, particularly violence against women. Recent scholarly discussions emphasize the need for a clear definition of economic abuse in this context: "Economic abuse entails a deliberate pattern of control where individuals disrupt their partner's ability to acquire, use, and maintain economic resources." This highlights economic abuse as a powerful tool of control, with perpetrators employing various strategies to assert dominance. Scholars often distinguish economic abuse from financial abuse, a crucial differentiation, especially with the recent enactment of the United Kingdom’s Domestic …

Revisiting Oversight Challenges In The Nonprofit Sector: Allowing Private Parties Legal Standing, Phaguni Nangia

Notre Dame Journal of International & Comparative Law

Part I of this Article will discuss the current framework for oversight of the nonprofit sector, and why this framework has been problematic in achieving effective regulatory oversight of nonprofit organizations. This Part will first address the oversight role of state officials, such as the attorneys general, and the challenges associated with it. This Part will then examine the significant number of challenges the Internal Revenue Service (IRS) faces in overseeing tax-exempt organizations, and why the IRS may not the best choice for overcoming them. This Part will conclude in an analysis of the current framework for legal standing by …

A Comparison Between U.S. Federal Tax And Khums, A Shia Islamic Tax, Carmen R. Rida

Notre Dame Journal of International & Comparative Law

This Note is split into multiple sections to delve into what khums is and its treatment by American Shia Muslim taxpayers. The first part will discuss the statutory basis of the tax, the difference in statutory interpretation between Sunnis and Shia that has led to a difference in the obligation of the tax, and the beneficiaries of the tax. The second part will focus on the method of calculating the khums tax, such as what categories of income are excluded in calculating gross income, deductions from gross income, and the timing of when the tax is to be paid. Then, …

Volume 15, Issue 2 - Full Issue

Notre Dame Journal of International & Comparative Law

No abstract provided.

Caste Formalism: The Law And Politics Of Equality In India, Madhav Khosla, Pratap Bhanu Mehta

Faculty Scholarship

In modern constitutional democracies, achieving equality has long been a challenge. In recent years, theorists have focused on understanding the meaning of discrimination and determining when and how discrimination becomes problematic. One critical issue that has long animated discussions on both the general guarantee of equality and the specific goals of anti-discrimination law is the relationship between individuals and groups. If a constitutional order aims to take equality seriously, how should it address the experiences of specific groups historically subjected to discrimination? Indeed, questions of equality and discrimination often converge around the issue of affirmative action, sometimes at the expense …

Can The Law Protect My Craft? How Gaps In Copyright Of Knitting Patterns Symbolize A Greater Struggle For Protecting Traditionally Feminine Forms Of Intellectual Property, Kysa Walzer

Seattle University Law Review

The purpose of this article is to demonstrate the application of intel-lectual property rights within the context of copyright protection of knit-ting patterns. The article will discuss the underutilization of copyright pro-tection for knitters and crafters and its larger impact upon craft and indus-try traditionally comprised of women. Part I introduces knitting patterns and a short history of copyright protections. Part II discusses the specific areas within knitting patterns and the knitting community which give rise to legal grey areas for copyright protection. Part III discusses the larger implications of copyright and intellectual property in spaces where women traditionally make …

Table Of Contents

Seattle University Law Review

Table of Contents

Volume 48 Masthead

Seattle University Law Review

Volume 48 Masthead

Keynote Address: Community Over Constitution, Riddhi Mukhopadhyay

Seattle University Law Review

In this keynote address, Riddhi Mukhopadhyay challenges the veneration of the U.S. Constitution by highlighting its origins in exclusion and its continued failure to protect marginalized communities. Drawing from her experience in civil legal aid and gender justice, she argues that the Constitution was drafted to consolidate power among white, wealthy men and continues to reflect that legacy through racial, gender, and class-based inequities. While acknowledging the significance of constitutional amendments and landmark cases, Mukhopadhyay emphasizes that meaningful change has always come from community-led action, not top-down reform. Additionally, Mukhopadhyay calls on lawyers and legal advocates to center community, practice …

The Lost Child: A Critique On Transracial Adoption Rhetoric, Hallie Conyers-Tucker

Seattle University Law Review

Transracial adoption in the United States reflects a deeply rooted history of colonialism, cultural assimilation, and racial hierarchy, masked by rhetoric focused on the “best interest of the child.” The author critiques that rhetoric and traces how adoption practices and policies, both domestic and international, have evolved to reinforce systemic inequities. Through historical analysis of the forced adoption of Native American, Black, and Asian children, it reveals how the best interest standard has been wielded not to protect children but to uphold political and racial ideologies. The author argues that the prevailing adoption framework relies on child-saving and color-blind narratives …

A Global Reconstruction: Black Internationalism And The Human Rights Regime, Britta Redwood

Seattle University Law Review

Black American advocates for civil, political, and economic rights have long taken an internationalist approach and fostered connections with international organizations and transnational movements. This engagement has also been a generative force and played role in shaping international law. Beginning in the early years of the twentieth century, Black intellectuals and leaders, spearheaded by the NAACP and the UNIA, focused on human rights as a means for addressing and repairing the harms wrought by slavery, Jim Crow, and racism. From the Paris Peace Conference of 1919 through the Universal Declaration of Human Rights, the Genocide Convention, and the drafting of …

The Gap: Addressing The Missing Piece In HawaiʻI’S Anti-Discrimination Laws On Credit And Lending, Wendy Mun

Seattle University Law Review

This author addresses the significant gap in Hawaiʻi’s anti-discrimination laws, specifically the lack of explicit protections for LGBTQ+ individuals against credit and lending discrimination. Although federal laws like the Equal Credit Opportunity Act (ECOA) and recent interpretations by the Consumer Financial Protection Bureau (CFPB) extend some protections, they remain vulnerable to shifting federal priorities and interpretations. The author explores how other states, particularly California and Washington, have enacted robust statutory protections that clearly prohibit credit discrimination based on sexual orientation and gender identity. They argue that Hawaiʻi, despite its large LGBTQ+ population, must amend its credit protection laws to reflect …

The U.S. Drug Policy Hamster Wheel: A Critical Discourse Analysis Of Seattle’S New Drug Ordinance, Hallie Conyers-Tucker

Seattle University Law Review

The author critically examines Seattle’s new drug ordinance using Critical Discourse Analysis (CDA) to reveal how legislative language influences the policy's actual effect. Although the ordinance claims to prioritize diversion and community health, the use of permissive language such as “may” and “shall” grants broad discretionary power to law enforcement and undermines the stated intent. The author situates the ordinance within a broader historical context, highlighting how drug policy in the United States has consistently been shaped by racialized and stigmatizing narratives. Additionally, the author argues that meaningful reform requires reframing the discourse around substance use to support public health …

Something Concrete: How Labor Advocates Can Best Respond To The Ambiguity Of Glacier Northwest, Ateş Serifsoy

Seattle University Law Review

The Supreme Court’s much-anticipated decision in Glacier North-west, Inc. v. International Brotherhood of Teamsters Local No. 174 (Glacier) marked a critical moment for workers’ rights under the National Labor Relations Act (NLRA) and the longstanding practice of Garmon preemption. Yet, initial fears of a significant rollback of workers’ rights, driven by sensational headlines, were met with an unexpectedly narrow Court opinion. This Comment examines Glacier’s implications for Gar-mon preemption and the right to strike. It offers the historical background of the doctrine of labor law preemption before Glacier; presents a detailed analysis of Glacier itself, including its …

A New Exclusionary Rule To Protect Bodily Integrity And Discourage Pretext Stops, Josephine Ross

Seattle University Law Review

The author proposes a novel state-level exclusionary rule to reduce racial profiling and protect bodily autonomy during police encounters. The current Fourth Amendment jurisprudence fails to deter pretextual stops and frisks because the exclusionary rule often turns on officer fault and "good faith," allowing racially motivated practices to go unchecked. As federal rollbacks on diversity and data collection hinder efforts to track racial bias, the author argues for a statutory evidentiary rule that automatically excludes drug evidence found during (1) traffic stops, (2) pat-downs for weapons, and (3) consent searches, regardless of an officer’s intent or the legality of the …

Navahine V. HawaiʻI Dept. Of Transportation: The Keiki Will Lead Us, Catherine Smith

Seattle University Law Review

The author analyzes the landmark case Navahine v. Hawaiʻi Department of Transportation, which culminated in the world’s first constitutional climate settlement. Catherine Smith, serving as an expert for the youth plaintiffs, situates the case within Hawaiʻi’s legal tradition of prioritizing children’s rights and intergenerational equity. She explores the evolution of children’s constitutional protections, contrasting Hawaiʻi’s progressive jurisprudence with the dominant adult-centric legal framework on the mainland. She critiques four recurring analytical missteps in U.S. courts that marginalize children’s interests and highlights Hawaiʻi’s public trust doctrine and cultural values, such as the Aloha Spirit, as models for addressing climate-related harms. …

Constitutional Futurism As Pedagogy, Jeremiah Chin

Seattle University Law Review

Constitutional Law has transformed from a course on history to a discussion of current events. Cases like Students for Fair Admissions v. Harvard College, Dobbs v. Jackson Women’s Health Organization, and Loper Bright Enterprises v. Raimondo reveal that the study of constitutional law is not a static, or even linear, discussion of constitutional text and history. Law is a shifting, changing enterprise that reflects social constructions of power, authority, and identity. How do we teach, learn, and understand constitutional law that is so laden with history, riddled with theories of consistency and adherence to precedent, but ultimately subject …

Guest Editorial: Making Gender Equality Visible In Judicial Selections At The European Court Of Justice, Laure Clément-Wilz, Fernanda G. Nicola

Scholarly Articles in Law Reviews & Journals

We begin this issue with a Guest Editorial by Laure Clement-Wilz and Fernanda Nicola, who invite reflection on the criteria for judicial selection at the European Court of Justice. They propose integrating gender parity as a soft criterion in the judicial selection process, thereby contributing to broader discussions on diversity in judicial appointments

Ai Regulation: Competition, Arbitrage & Regulatory Capture, Filippo Lancieri, Laura Edelson, Stefan Bechtold

Georgetown Law Faculty Publications and Other Works

The commercial launch of ChatGPT in November 2022 and the fast development of large language models have catapulted the regulation of artificial intelligence to the forefront of policy debates. A vast body of scholarship, white papers, and other policy analyses followed, outlining ideal regulatory regimes for AI. The European Union and other jurisdictions have moved forward by regulating AI and LLMs. One overlooked area is the political economy of these regulatory initiatives—or how countries and companies can behave strategically and use different regulatory levers to protect their interests in the international competition on how to regulate AI.

This Article helps …

Agreeing To Disagree: Abortion Jurisprudence In Jewish And Islamic Law, Rabea Benhalim

BYU Law Review

This Article challenges the prevailing perception that religious people and religious legal traditions are anti-abortion. While this may be true within certain conservative Christian perspectives, this perception is an inaccurate representation of Jewish and Muslim Americans and their respective legal traditions. Both the Jewish and Islamic legal traditions offer a range of nuanced positions on abortion. Furthermore, diverse opinions of Jewish and Islamic abortion jurisprudence inform a variety of topics salient to the current legal debate in the United States. This range of opinions includes strict limitations on abortion, circumstantial legality, and general permissibility. Scholars from both traditions engaged in …

Staff Development Day 2025: Topics On Jewish Law & Culture, Ellen Drucker-Albert

Library Staff Presentations

This presentation was delivered by Ellen Drucker-Albert, Head of Reference & Faculty Services, during Staff Development Day 2025 at the Benjamin N. Cardozo School of Law. It explores key aspects of Jewish law and culture, including the sources and development of Halacha, intersections with U.S. civil law, Jewish holidays and food customs, denominations of Judaism, and symbols like the mezuzah.

Education Equity For Transgender And Gender-Diverse Persons In India: Insights Into Implementation Hurdles, Dipika Jain, Natasha Aggarwal, Kanmani Ray, Surbhi Karwa, Disha Chaudhari, Rishav Devrani

Michigan Journal of Gender & Law

Part I of this article presents international, global, and national approaches to the right to education for transgender and gender-diverse persons. It then describes the Indian approach—the NALSA judgment and the Transgender Persons Act. Finally, it provides anecdotal insight into the lived experiences of transgender and gender-diverse persons and the marginalization they face.

Part II outlines: (i) the rationale of this study, (ii) the research methodology, and (iii) the questions in the right to information requests, which have formed the basis for investigating the landscape of education rights for transgender and gender-diverse students.

Part III provides an overview of the …

Ben Ferencz’S Pioneering Transitional Justice Legacy, Including And Beyond Accountability, Federica D'Alessandra

Cardozo International & Comparative Law Review

The article argues that Benjamin Ferencz was a foundational figure in the field of transitional justice, extending beyond his recognized contributions to international criminal justice. His work laid the groundwork for the four pillars of transitional justice: truth, accountability, reparation/restitution, and memorialization. Ferencz’s efforts in investigating war crimes, prosecuting perpetrators, advocating for victim-centered justice, and preserving historical records demonstrate his pivotal role in shaping modern transitional justice frameworks.