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University of Miami Inter-American Law Review

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University of Miami Inter-American Law Review

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Courthouse Doors Are Closed To Foreign Citizens For International Law Torts Committed By American Corporations, Gisell Landrian

University of Miami Inter-American Law Review

This Note examines the intersection of corporate accountability, human rights violations, and legal recourse for victims of child slavery in the cocoa industry inspired by the Court’s decision Nestle USA, Inc. v. Doe. This decision further limited the scope of the Alien Tort Statute, hindering the plaintiffs’ quest for justice for international human rights violations. The Note analyzes the decision in Nestle USA, Inc. v. Doe through (1) an examination of the Court’s limitations on the Alien Tort Statute and (2) an analysis of the Canadian Supreme Court’s decision in Nevsun.

The Detention Of Immigration Policy: How States Are Commandeering Dhs Enforcement Guidelines, Brianna Riguera

University of Miami Inter-American Law Review

In 2021, the Department of Homeland Security issued immigration guidelines that de-emphasized detention and removal of non-citizens who, aside from being undocumented, are otherwise contributing members of communities across the United States. However, Arizona, Montana, Ohio, Texas, and Louisiana challenged these guidelines, launching a nuanced legal dispute that concerned states standing under Article III, prosecutorial discretion, and nationwide preliminary injunctions. In United States v. Texas, the Court ruled 8-1 that the states lacked standing and reversed the Fifth Circuit’s nationwide injunction, but the majority opinion failed to address the other legal issues that are pressing on a rife debate about …

The Oberlin Saga: Integrating North America’S Pipeline System And Potential Impacts On Hydrogen, Samuel Stephens

University of Miami Inter-American Law Review

This Article explores how the D.C. Circuit’s decision in City of Oberlin, Ohio v. FERC (2022) (Oberlin II) will impact future natural gas pipelines and potentially even future hydrogen infrastructure. While the decision reinforced support for integrating North American natural gas infrastructure, given uncertainties in how the United States will regulate the emerging hydrogen industry, there is a chance that the decision could be more expansive than what initially meets the eye. By continuing down the path of supporting North American energy integration, Congress, federal courts, and administrative agencies will help prepare the United States for an uncertain energy future. …

Shareholders’ Agreements In Public Corporations In Chile: What Are We Missing Out?, Gonzalo Islas, Osvaldo Lagos, Iván Cerda

University of Miami Inter-American Law Review

Shareholders’ agreements are quite common in many jurisdictions. Theory and empirical evidence suggest that they may have a positive or a negative impact on corporate governance structures depending on companies’ characteristics and on the goals that these contracts pursue. Shareholders’ agreements may be used as Control Enhancement Mechanisms (CEM) allowing controllers to circumvent rules that favor minority investors. However, comparing to other CEM, in many countries information regarding them is scarce. Is it necessary that shareholders’ agreements in public corporations be fully informed?

We examine the case of Chile (a country that only requires to inform that a shareholder agreement …

“Red Soles” And Search Engines: Louboutin Trademark Lawsuit Proves Chatgpt Is Unreliable Evidence Of Secondary Meaning, Gianna Policastro

Cardozo International & Comparative Law Review (CICLR) Blog

Across the globe, high fashion fans recognize “red-soled” shoes as “more than a [mere] color. It’s an attitude.” Christian Louboutin “turned his trademark [red] shade into a[n] internationally recognized symbol of luxury[,] … passion, power, sensuality, love, vitality, and a certain stylish insouciance à la française.” Christian Louboutin created his eponymous brand in 1993, and the French designer has filed trademark applications for its “RED SOLE” mark in numerous countries, including “France, Mexico, Singapore, New Zealand, Australia, the [United States], Moldova, the Philippines, Cambodia, Laos, Brunei, Indonesia, Morocco, Bahrain, Chile, Israel, Switzerland, Vietnam, Malaysia, and India.” Given Louboutin’s global presence, …

Unintended Consequences: The New Test For Interlocutory Mandatory Injunctions, Jeff Berryman

Brooklyn Law Review

Interlocutory mandatory injunctions can be an important remedy during the pendency of a trial. With its decision in R. v. Canadian Broadcasting Corp, the Supreme Court of Canada revised its test for an interlocutory mandatory injunction, holding that it should require a higher threshold and be therefore harder to obtain than an interlocutory prohibitive injunction. This higher threshold requires that the applicant demonstrate a strong prima facie case that it will succeed at trial based on law and evidence. This change adds uncertainty to the process, ultimately complicating and adding costs to litigation.

Settler Colonialism And Ecosystem Change: How Ideology Has Shaped Minnesota’S Environments, Sarah E. Hobby

History Honors Projects

The formation of a uniquely American land ethic—defined by European political history and Christian biblical doctrine and forged through systems of dispossession—is central to the creation of environments within the United States today. Using Minnesota as a microcosm to understand how settler colonial interactions played out all across the United States, this paper analyzes connections between violent dispossession of Indigenous people and the degradation of environments. By understanding how Ojibwe and Dakota people think about and have shaped Minnesotan lands throughout their history and comparing Indigenous land-ethics to the Euro-American-settler land ethic, this paper evaluates the role that ideology and …

From Within: The Influence Of Domestic Non-State Actors On China’S International Legal Policies, Chaoyi Jiang, Li Chen

Northwestern Journal of International Law & Business

Beijing’s growing global influence has led to increased Chinese participation in various international initiatives, many of which intersect with international law, from trade to climate change. This has prompted scholars to focus more on China’s engagement with international law, aiming to develop effective strategies for interacting with this emerging global power.

Any analysis of international law’s role in a domestic system must consider the relevant actors, their influences, the issues they address, and the prevailing legal regime. This article offers new insights into Chinese policy formation by examining how influential domestic groups impact decision-making on specific public international law issues, …

Give It A Nudge: A Comparative Analysis Of The Values And Application Of Voluntary Environmental Programs In The United States, Pianpian Wang

Dissertations & Theses

In recent years, companies have increased their voluntary commitments to reducing carbon emissions and implementing sustainability goals. While existing research mainly focuses on government-organized voluntary environmental programs (VEPs), exploring corporate voluntary commitments is essential. The business sector’s active role in environmental management is noteworthy. Traditionally, governments have relied on command-and-control regulations and market incentives to compel companies to protect the environment. However, companies are now demonstrating a willingness to go beyond legal requirements. Naturally, we seek answers to whether these commitments are effective, what factors can contribute to their authenticity, and how we compare these voluntary commitments to other VEPs. …

Federalism, Rebellion, And The Rule Of Law In Northern Syria And Western Kurdistan: Constitutions Against The Nation-State, Robert Woehrle

William & Mary Bill of Rights Journal

This Note will be examining the way in which this social contract, the “Social Contract of the Democratic Federation of Northern Syria,” and the social order it proposes, “Democratic Confederalism,” represents a significant departure from the constitutional order of ethnic nation-states that arose in the postcolonial, and particularly the post-Ottoman, Middle East.

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This Note then contrasts the “Social Contract of the Democratic Federation of Northern Syria” with the Syrian constitutions, first the 1973 Constitution that had been in effect until the outbreak of the Syrian Civil War, followed by a brief look at the changes represented by the 2012 …

Scholarship As Fun, Thomas Schultz

Dalhousie Law Journal

One theme that traverses much of Pierre Schlag’s work is a sense of profound humanity—the idea that thinking and writing about the law can and should be a deeply, genuinely human activity—an activity for which we can, and should, break up many of the barriers that stand between us, between who we really are, and what we think and write. It is an activity for which we should put aside our pretences and insecurities and the attached formalisms and exaggerations behind which we so often hide, and which in the end constrain our humanity so much, as they take on …

Un Ésprit Sérieux, Pierre Schlag

Dalhousie Law Journal

It was a sunny day when we all met in a classroom at McGill University The gathering went on all day and at the end someone proposed writing up the discussion as essays. Hence, this collection.

I’d like to take a moment of gratitude to express heartfelt thanks to all the participants. And especially to Vincent Forray and Jean d’Aspremont for organizing the event, and to Genevieve Renard Painter and Liam McHugh-Russell for bringing this collection over the finish line. I don’t know whether the intellectual generosity of the participants was because of Canada, or Montreal, or McGill, or the …

The Preservation Of Marine Fisheries Resources Within Asean Nations’ Eez, Ida Kurnia

Indonesia Law Review

The preservation of marine fisheries resources within ASEAN nations’ Exclusive Economic Zone (EEZ) is an urgent and pressing challenge requiring collaborative efforts from all ASEAN nations. Challenges such as illegal fishing, climate change, and lack of coordination between ASEAN nations may cause damage to marine biota food chain, especially marine fisheries in Southeast Asia region. To solve this conundrum, collaboration between ASEAN nations pose as the key solution. The research method used in this study is normative juridical approach by analyzing primary legal materials such as International Agreements and other international laws & sources. Further analysis was also …

Thai Drug Offenses And Narcotic Charges: Tracing Thailand’S Drug Control And Capital Punishment History, Jonathan Hasson, Carolyn Hoyle

Brooklyn Journal of International Law

The Article examines Thailand's political economy of drugs and use of sanctions, including capital punishment, using a historical approach. It traces Thailand's nation building and emergence as a global hub for illicit drugs against the backdrop of European and US interventions since the colonial era. The Article reveals how Western concepts and discourses were appropriated by Thai elites to advance local agendas while suppressing democratic movements. The Article explores how the drug trade became entangled with government corruption, militarization, and extrajudicial state violence which often targeted ethnic minorities. In light of recent cannabis policy changes, the Article considers the historical …

Is Usmca Good For Mexican Labor? A Preliminary Analysis Of Usmca And Labor Market Outcomes In Mexico, Diego Marroquín Bitar

Brooklyn Journal of International Law

The United States-Mexico-Canada Agreement (USMCA) introduced significant labor provisions aimed at bolstering labor rights and promoting union democracy, representing a departure from its predecessor, the North America Free Trade Agreement (NAFTA). This paper examines USMCA’s potential benefits and limitations on labor, arguing that the trade agreement’s effectiveness in improving labor conditions in Mexico may be limited. By primarily benefitting export-oriented firms, USMCA leaves a significant portion of Mexico’s workforce untouched. Moreover, USMCA's new wage requirements, intended to raise labor standards, may paradoxically increase production costs for formal firms, potentially lowering overall productivity. This paper underscores the persistent formal-informal labor divide …

American Handling Of Holocaust Property Takings: What We Can Learn From International Policies, Matthew Franks

Brooklyn Journal of International Law

The Supreme Court decision in Federal Republic of Germany v. Philipp and US enforcement of the Foreign Sovereign Immunities Act have made it extremely difficult for Holocaust survivors and their families to recover lost and stolen property from during the World War II era. Other countries, such as the United Kingdom, France, and Germany, have had great success in this arena through various methods. This Note explores the ways in which US jurisprudence continues to make recovery inaccessible, while highlighting the specific processes these few European countries have created to foster recovery. Finally, this Note argues that the US must …

Nato Allies On The Brink Of War: The Cause For Implement-Ing A Dispute Resolution Mechanism Within The North Atlantic Treaty, Samantha Solomotis

Brooklyn Journal of International Law

NATO is the largest peacekeeping military alliance in the world and is not yet done growing. Recent events in Ukraine have reinforced the importance of NATO as a defensive alliance. New threats, both internal and external, are emerging. Intra-alliance conflicts over ideological agreements, border disputes, and member contributions put the fate of the organization at risk. To retain its strength as it grows, NATO must develop stronger cohesion between member states to ensure effectiveness and prevent dissolution. This Note uses the recently reignited conflict between Greece and Turkey—NATO members and belligerent neighbors—to demonstrate the pressing need and peacekeeping utility of …

Animals In The Courtroom, Challie Facemire, Clayton Kinsey

Journal of Law and Policy

Law centers on the experience of the human species. Yet, emerging scholarly and public conversations advocate for bringing animals into spaces once assumed to be human, a growing field known as animal studies. This Article is the first to experiment with how to integrate the more-than-human experience into the courtroom. It specifically reimagines canonical legal cases from the perspective of the animals involved in them. Through the perspective of the animals at issue, it examines cases in which animal interests were considered by human advocates and decided by human judges. This novel technique of de-centering the human requires developing a …