Comparative and Foreign Law Commons^™

Due Process In Anti-Doping Proceedings Within The International Olympic Committee And Professional Tennis Associations, Katherine Jakeway

The International Law Review Association Student Forum

Today, professional athletes across the globe are subjected to rigorous drug testing in an attempt to eradicate the use of performance enhancing substances in sports. Many professional sports tours, including tennis, work closely with the International Olympic Committee and World Anti-Doping Agency to monitor and address doping violations. Although anti-doping rules are important to the safety of professional athletes, the current enforcement of anti-doping rules creates due process concerns for athletes that test positive for banned substances. This article specifically argues that the strict scrutiny sanction which bans athletes from professional play for even an unknowing or accidental doping violation …

Regulating Food Waste Management In Indonesia: Do We Need An Omnibus Law (Again)?, Ni Gusti Ayu Dyah Satyawati, I Nyoman Suyatna, Putu Gede Arya Sumerta Yasa, I Dewa Gede Palguna, Nadeeka Rajaratnam

Indonesia Law Review

Indonesia was regarded to be the world's second-largest food loss and waste-producing country. Food waste contributes the most significant amount in Indonesia compared to other types of waste. This paper aims to discuss three legal issues. First, it identifies, in descriptive-normative means, the legal framework regulating food waste, which is the intersection of two legal regimes: 'the food management' and 'the waste and environmental management”. Second, it presents a comparative study by exploring the more advanced food waste legal frameworks, which take examples from Europe. The third objective is to recommend legal, institutional, and policy steps to mainstream food waste …

The Ultimum Remedium Principal Formulation Policy Is Partial In Nature In Corporate Criminality In Indonesia, Ade Adhari, Pujiyono Pujiyono, Sidharta Sidharta, Indah Siti Aprilia

Indonesia Law Review

This article identifies and examines the policy formulation of the ultimum remedium principle in criminalizing corporations in Indonesia. The source of criminal law is found in the Criminal Code (KUHP) and laws outside the Criminal Code. The principle of ultimum remedium in corporate punishment is not recognized in the Criminal Code. Limited ultimum remedium-based corporate penalties are found in various laws containing offenses in the fields of taxation, customs, excise and the environment. Normatively, the process of prosecuting a corporation is a last resort, and the main step required is fulfilling the obligation to pay off losses to state revenue, …

The Ideal Model For Countermeasures Of Sexual Violence In The Universities Environment, Airlangga Surya Nagara, Elisabeth Ayu Puspita Adi

Indonesia Law Review

This Cases of sexual violence are rife, including in universities. Data compiled by Komnas Perempuan shows that during 2015-2021, out of 67 reported cases of sexual violence against women, 35 cases occurred in universities. To overcome this, the government has issued the PPKS Permendikbud, and the TPKS Law. In fact, the existence of these regulations has not had a significant impact. It is proven that in 2022, there were 49 reports of sexual violence in universities received by the Ministry of Education and Culture's PPKS Working Group. Even as of May 2023, reports regarding sexual violence in universities are still …

Restorative Constitutionalism, David E. Landau, Rosalind Dixon

Washington and Lee Law Review

Cass Sunstein and other scholars have distinguished between two forms of constitutionalism: preservative constitutionalism, which looks to maintain the status quo, and transformative constitutionalism, which aims to transcend a flawed constitutional history and achieve a better future. In this Article, we introduce a third, undertheorized mode of constitutionalism, which we call restorative. Restorative constitutionalism seeks a return to a lost, more authentic constitutional past, whether real or imagined. Restorative discourse in modern United States constitutionalism is dominated by conservative calls for originalist judicial interpretation. But originalism is only one subset of restoration, and indeed restorative discourse has been present at …

Conflicting Decisions: Why The Privy Council Drifted From Precedent In Deciding Cunningham V Homma, Keita Szemok-Uto

Dalhousie Law Journal

*This contribution has not been peer-reviewed.

This paper highlights the structural barriers to voting rights that Japanese-Canadians in BC faced in the early 20th century. It documents Tomekichi Homma’s challenge of provincial legislation which prevented the Japanese from voting in local elections. His fight went to the Judicial Committee of the Privy Council, then the highest court of appeal in Canada. While Homma challenged the law because it denied voting rights based on racial grounds, the courts made little to no reference to race or ethnicity in hearing the issue; their focus was on questions of constitutionality and the division …

"We Did That": The United States' Role In Preventing The Chagos Archipelago From Exercising The Right To Self-Determination, Diane Orentlicher, Morton H. Halperin

Scholarly Articles in Law Reviews & Journals

When I agreed to participate in a workshop engaging with Philippe Sands’ extraordinary book, The Last Colony, I expected to focus on the dilemmas lawyers confront when considering how to frame the wrongs their clients endured with a view to advancing redress. Inevitably, the choices to be made elevate some dimensions of victims’ experiences while downplaying and potentially sidelining others, however important in their own right. But my plans changed when I reached page forty-one of The Last Colony.

Table Of Contents - Cardozo International & Comparative Law Review, Vol. 7, Iss. 2

Cardozo International & Comparative Law Review

No abstract provided.

What Figures Lurk On Madame Elysé’S Path? Reflections On Philippe Sands’ The Last Colony, Diane Marie Amann

Scholarly Works

One person’s life forms the core around which Philippe Sands’ The Last Colony explores the events leading up to the advisory opinion on the Legal Consequences of Chagos Archipelago from Mauritius in 1965. That person is Liseby Bertrand Elysé, who was born in 1953 in Chagos, then forcibly removed to Mauritius in 1973. Her efforts to return home eventually brought her to a 2018 hearing at The Hague, where she spoke to the International Court of Justice bench by means of a subtitled video. This essay, which appears in a symposium issue on Sands’ book, investigates the ethics, the effectiveness, …

Foreword, Deborah W. Denno, Erica Valencia-Graham

Fordham Law Review

This Foreword overviews an unprecedented Symposium on these wide ranging topics titled The New AI: The Legal and Ethical Implications of ChatGPT and Other Emerging Technologies. Hosted by the Fordham Law Review and cosponsored by Fordham University School of Law’s Neuroscience and Law Center on November 3, 2023, the Symposium brought together attorneys, judges, professors, and scientists to explore the opportunities and risks presented by AI, especially GenAI like ChatGPT. The discussion raised complex questions concerning AI sentience and personal privacy, as well as the future of legal ethics, education, and employment. Although the AI industry uniformly predicts ever more …

Mitigating Ai’S Harmful Effects In Developing Economies Through Contracting, A.B. Steinberg

The International Law Review Association Student Forum

The global economic community must establish a new organization that helps to create contracting parameters to ensure that AI does not crash economies, namely those in the developing world that are most at risk.

Artificial Intelligence (AI) will revolutionize the global economy. While many debate the ramifications for developed economies, such as the United States, these effects will likely be increased productivity and the loss of jobs across the workforce. This comment argues that these effects will be even more profound in developing nations due to both AI in their direct economies and the downstream effects of automation. The possible …

Raining Hellfire: An Analysis On The Use Of White Phosphorus And Its International Regulation, Shaun Quirk

The International Law Review Association Student Forum

Chemical weapons, biological weapons, nuclear weapons, and substance-infused munitions are not new in the art of war. In fact, accounts of toxins and venoms date back to ancient times when bows and arrows were cutting-edge technology. But the existing frameworks regulating these weapons require immediate and more exacting scrutiny. In late 2023, Hamas reignited a generations-old conflict with Israel through a surprise attack. Shortly thereafter, global headlines reported Israel was deploying white phosphorus—a highly volatile substance—into Gaza. The potential devastation of white phosphorus is shocking, yet the existing legal frameworks governing its use are both ambiguous and overly lenient. This …

Russia And China’S Complicity In North Korea’S Human Rights Violations: Measures The U.S. Should Take To Intervene And Mitigate The Abuse, Cameron Kenyon

The International Law Review Association Student Forum

The complicity of Russia and China in North Korea’s (DPRK) human rights issues is incredibly concerning not only for the safety and well-being of North Korean citizens, but for world-wide security. Both China and Russia facilitate the DPRK human rights abuses by trading with North Korea irrespective of international sanctions, enabling human trafficking of North Koreans who have fled to China, and involuntarily repatriating refugees from the DPRK. Awareness of the DPRK human rights issues and Russia and China’s complicity, as well as active intervention, should be at the forefront of the U.S. human rights policy in order for the …

U.S. International Adoption Subsidies: Shining Light On The Dark History Of The Baby "Black Market", Rachel Briner

The International Law Review Association Student Forum

While international adoption is a beautiful concept in theory, it often leads to dark consequences. From its inception, human trafficking has enabled international adoptions. While the United States alone cannot dismantle the entire baby “black market” and the likely black market for children’s organs intertwined with it, the U.S. can remove its large contribution. By limiting the federal adoption subsidy to only domestic adoptions, the United States can ensure it only aids systems within its control and address the needs of its own children without homes more effectively. Many other authors have also noted various human trafficking and potential organ …

Protection From Warlords & Celebrities: How Anti-Slapp Legislation Is Making International Headway To Protect Free Speech, Olivia Augustat

The International Law Review Association Student Forum

Strategic Lawsuits Against Public Participation (SLAPPs) are increasingly being used by powerful individuals and entities to silence dissent and criticism, posing a significant threat to free speech globally. This misuse of legal systems undermines democratic principles by intimidating those who speak out on matters of public interest. My paper argues for the urgent need for effective Anti-SLAPP legislation, focusing on a comparative analysis of the U.S. and European Union (EU) approaches. While the U.S. has a fragmented but largely pro-defendant framework, the EU is moving toward an arguably vaguer but more unified, cross-border solution. This paper takes a unique approach …

Democracy And Defections, Madhav Khosla, Milan Vaishnav

Faculty Scholarship

Within comparative constitutional law, there is an emerging consensus that political fragmentation has weakened political parties and hindered the functioning of legislative bodies. This article examines legal efforts to curb fragmentation in parliamentary systems by prohibiting floor crossing, or “defections” — a constitutional approach that concentrates power within party leaders. It conducts a detailed case study of India, exploring what is arguably the most exten¬sive experiment in anti-defection law and its impact on accountability and representation. The article goes on to analyze similar laws in Israel and South Africa, highlighting the challenges of self-regulation. After evaluating the limitations of narrow …

Dinamika Kebijakan Ganja Dalam Politik Hukum Global Dan Indonesia, Aristo Pangaribuan

Jurnal Hukum & Pembangunan

This article discusses legal and political issues related to marijuana in global literature and its influence in the Indonesian context. Moreover, this article also tries to predict the dynamics of the ongoing reform process related to Indonesian narcotic laws. To achieve such missions, mainly, this article summarizes the debate within marijuana literature and highlights its influence within the Indonesian context. The first part of this article discusses the legal and political dynamics of marijuana laws globally. Here, this article found that there is a paradigm shift toward marijuana use -- from a crime problem to a health problem. Subsequently, this …

Arbitrase Internasional Dalam Penyelesaian Sengketa Penanaman Modal Asing: Tinjauan Praktis Di Indonesia, Fanny Aprilia

Jurnal Hukum & Pembangunan

Indonesia has demonstrated a strong commitment to international arbitration by participating in various international conventions, such as the 1958 New York Convention, and by implementing supportive domestic legislation, such as Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution. International arbitration offers advantages such as neutrality, specialized expertise, and legal certainty, making it a preferred mechanism for resolving foreign investment disputes. However, the implementation of arbitration in Indonesia still faces several challenges, including a lack of understanding of arbitration procedures among court officials and concerns about potential domestic court interference in the arbitration process. This paper highlights the …

Providing Community Protection From Sex Offenders – At What Cost?, Jessica Novick

Cardozo International & Comparative Law Review (CICLR) Blog

With the release of The Ken and Barbie Killers: The Lost Murder Tapes mini-series documentary on HBO’s Max recently, a renewed focus can be put on the “dangerous offender” status that murderer and serial rapist Paul Bernardo has who is one of the two central figures of the docuseries. Sexual offenders are some of the most feared types of criminals in our current society. Law & Order: SVU just began airing its 25th season, and the enduring legacy of this show and others similar to it has enriched the cultural fear of sex offenders. Now is an important time culturally …

Legal Regulation Of Communication Wiretapping, Lian Chen, Wenyu Zhong

Japanese Society and Culture

No abstract provided.