“Fundamental Fairness”: Finding A Civil Right To Counsel In International Human Rights Law,
2023
University of Richmond - School of Law
“Fundamental Fairness”: Finding A Civil Right To Counsel In International Human Rights Law, Meredith Elliot Hollman
Law Student Publications
Every other Western democracy now recognizes a right to counsel in at least some kinds of civil cases, typically those involving basic human rights. The World Justice Project’s 2021 Rule of Law Index ranked the United States 126th of 139 countries for “People Can Access and Afford Civil Justice.” Within its regional and income categories, the United States was dead last. The United Nations and other international treaty bodies have urged the United States to improve access to justice by providing civil legal aid. How did we fall behind, and what can we learn from the rest of the world? …
The Rule Of Law Under Challenge: The Enmeshment Of National And International Trends,
2023
Georgetown University Law Center
The Rule Of Law Under Challenge: The Enmeshment Of National And International Trends, Gregory Shaffer, Wayne Sandholtz
Georgetown Law Faculty Publications and Other Works
The goal of the rule of law is to protect individuals from the arbitrary exercise of power. Democracy and human rights depend on the rule of law. But today the rule of law is under growing threat in the United States and around the world. Trends regarding rule-of-law protections are transnational in scope. They involve shifting norms, institutions, and practices at the local, national, and international levels. This paper assesses how challenges are taking place at the international and national levels, and how these challenges are linked. It examines the ways in which international law and institutions are important for …
Book Review, Kirsten Campbell, The Justice Of Humans: Subject, Society And Sexual Violence In International Criminal Justice (2022),
2023
Washington and Lee University School of Law
Book Review, Kirsten Campbell, The Justice Of Humans: Subject, Society And Sexual Violence In International Criminal Justice (2022), Shannon Fyfe
Scholarly Articles
In The Justice of Humans: Subject, Society and Sexual Violence in International Criminal Justice, Kirsten Campbell sets out to analyze approaches to international justice for victims of mass violence through a feminist lens. Using a remarkable breadth of disciplines, Campbell develops a “feminist social theory of the existing legal and feminist forms of international justice and a socio-legal methodology for empirically investigating them” (p. 4). She draws on her own extensive experience with the conflict in the former Yugoslavia to consider two responses to conflict-related sexual violence there: the International Criminal Tribunal for the former Yugoslavia (ICTY) and the …
Fractional Sovereignty,
2023
University of Oklahoma College of Law
Fractional Sovereignty, Roger Michalski
Faculty Articles
The axiomatic beginning of every conflict of laws case is that a court must choose the law of one sovereign and disregard the law of all other sovereigns. One wins, gets to set the rules and regulate behavior, all others lose. This all-or-nothing scenario is the result of enshrining an old view of indivisible sovereignty into conflict of laws rules. The Article begins by explaining how this happened. Despite the importance of this assumption of indivisibility, no articles have examined why and how it became enshrined in conflict of laws doctrine. All too often it is treated as a truism …
2023 Winter - Clihhr Newsletter,
2023
Yeshiva University, Cardozo School of Law
2023 Winter - Clihhr Newsletter, Cardozo Law Institute In Holocaust And Human Rights (Clihhr)
CLIHHR Newsletters
This Winter 2023 issue of the CLIHHR Newsletter highlights the Institute’s work in solidarity with communities affected by identity-based violence and mass atrocities. It features updates from the Benjamin B. Ferencz Human Rights and Atrocity Prevention Clinic, student and fellowship spotlights, international collaborations in Argentina, major public events including the Lemkin Award Ceremony, and faculty engagement in global human rights and humanitarian law forums. The newsletter reflects CLIHHR’s commitment to survivor-centered justice, Indigenous rights, restorative justice, and international accountability.
Letter From The Editor,
2023
Notre Dame Law School
Letter From The Editor, Michael Klein
Notre Dame Journal of International & Comparative Law
No abstract provided.
Radical Overhaul Of Hong Kong's Governance Regime: Likely Implications For Prosperity And Stability,
2023
Hopkins-Nanjing Center, Paul H. Nitze School of Advanced International Studies (SAIS), Johns Hopkins University
Radical Overhaul Of Hong Kong's Governance Regime: Likely Implications For Prosperity And Stability, Roda Mushkat
Notre Dame Journal of International & Comparative Law
Constitutional evolution is normally a steady process, with the prevailing equilibrium seldom punctuated. Sharp reversals periodically occur but they are uncommon, usually confined to low-income and lower middle-income countries. The introduction of a draconian national security law and its heavy-handed enforcement in the affluent Hong Kong capitalist enclave, serving as one of the world economy’s pivotal global metropolises, thus amounts to a historically unprecedented emasculation of a sound and well-thought-out governance architecture. The abrupt unraveling of a semi-democratic infrastructure, pulverizing of key components of a time-honored rule-of-law system, and erosion of international legal personality has been breathtaking and profoundly disconcerting. …
Rethinking Victim Participation In International Criminal Tribunals,
2023
Philadelphia District Attorney’s Office
Rethinking Victim Participation In International Criminal Tribunals, Julia L. Jacovides
Notre Dame Journal of International & Comparative Law
No abstract provided.
China Informs A 21st Century Definition Of The Rule Of Law,
2023
Notre Dame Law School
China Informs A 21st Century Definition Of The Rule Of Law, Ashley Topel
Notre Dame Journal of International & Comparative Law
Politicians, lawyers, and academics alike have long been fascinated with the rule of law, but this fascination has never immunized them from the challenges of defining just what the rule of law is. Indeed, defining the rule of law by citing an example, such as the United Kingdom or the United States, remains easier than articulating why those nations have the rule of law and how other nations can advance the ideal within their own boundaries. Still, modern scholarship has led to the creation of three alternative theories of the rule of law–formalist, procedural, and substantive conceptions. A formalist theory …
Volume 13, Issue 2 - Full Issue,
2023
Notre Dame Law School
Volume 13, Issue 2 - Full Issue, Journal Of International & Comparative Law, Notre Dame Law School
Notre Dame Journal of International & Comparative Law
No abstract provided.
More Than A "Drop Of Justice:" How Nazi-Looted Art Cases Promote "Transitional Justice" And Why These Cases Still Matter,
2023
Notre Dame Law School
More Than A "Drop Of Justice:" How Nazi-Looted Art Cases Promote "Transitional Justice" And Why These Cases Still Matter, Mark I. Labaton
Notre Dame Journal of International & Comparative Law
When it comes to Nazi looting, the past is not dead.Nor should it be. Even now more than three-quarters of a century after the Holocaust, Nazi-looted art cases still provide direct justice to victimized families while also advancing broader historical redress known as “transitional justice,” which since World War II has become a means to address mass atrocities through criminal trials, civil litigation, truth reconciliation commissions, memorials, and reparations.
The Long Term-Failings Of Internally Displaced Person Status: A Case Study Of The Êzidi People,
2023
Notre Dame Law School
The Long Term-Failings Of Internally Displaced Person Status: A Case Study Of The Êzidi People, Sarah A. Johns
Notre Dame Journal of International & Comparative Law
Never has the term limbo been so appropriately used in modern history than as applied to the current situation of the Êzidi internally displaced persons (IDPs). As Dante’s first circle of hell, limbo separates its residents from God, leaving them in a state of eternal suffering and sadness. This in-between place is saved for just individuals who did not receive Christ as required in Catholic theology and are now doomed to reside forever in a place of separation from God’s presence. Limbo is a state of punishment that seemingly freezes one’s ability to progress or enjoy future happiness.
Switzerland's "Summary Penalty Order" System: Should A Similar System Be Used For America's Minor Crimes?,
2023
Notre Dame Law School
Switzerland's "Summary Penalty Order" System: Should A Similar System Be Used For America's Minor Crimes?, Kirk Earl
Notre Dame Journal of International & Comparative Law
Jack Ford did not think he was committing a crime when his girlfriend let him spend the night with her at a house in Baltimore. However, what Ford did not know was that the owner of the house had not given permission for the couple to stay there. Ford was arrested and charged with burglary in the fourth degree, which is a misdemeanor in the state of Maryland. Ford’s attorney believed that Ford would have a strong case at trial because he did not know that he was not allowed in the house, so there was no intent to commit …
Closing The Cracks And The Courts: A Comparative Analysis Of Debt Collection Regulation In The United Kingdom And The United States,
2023
Vanderbilt University Law School
Closing The Cracks And The Courts: A Comparative Analysis Of Debt Collection Regulation In The United Kingdom And The United States, Tasia S. Harris
Vanderbilt Journal of Transnational Law
Consumers who borrow from a lender today cannot count on dealing with that same lender later if they default on their debt. In today's world of debt collection, the lender will outsource collection to a thirdparty debt collector, or those consumers' defaulted debt will be bought and sold numerous times for pennies on the dollar until eventually a debt buyer decides to pursue payment. Either way, under the current US debt collection laws and regulations, both third-party debt collectors and debt buyers can act outside the scope of debt collection regulation in the United States, and many will take that …
International Whaling: Reframing The Iwc Moratorium For The Effective Conservation Of Whales,
2023
Lewis & Clark Law School
International Whaling: Reframing The Iwc Moratorium For The Effective Conservation Of Whales, Kacey Hovden
Animal Law Review
The ocean once teemed with whales at seemingly every tide and crest, but due to centuries of overexploitation, whales are now a rare and coveted sight in many parts of the world. Today, the challenge of preventing these magnificent giants from extinction remains prevalent, with slow recovery rates and continued whaling practices in direct conflict. This Article examines the history of global whaling practices and the International Whaling Commission’s 1986 moratorium and argues for the establishment of an effective regulatory scheme permitting commercial whaling only on abundant whale stocks. The scheme would encourage whaling nations to remain members of the …
After Action: The U.S. Drone Program's Expansion Of International Law Justification For Use Of Force Against Imminent Threats,
2023
Vanderbilt School of Law
After Action: The U.S. Drone Program's Expansion Of International Law Justification For Use Of Force Against Imminent Threats, Elodie O. Currier
Vanderbilt Law Review
Until the 2000s, the United States' attempts to shift international legal norms on imminence to allow for greater use of armed force abroad were largely unsuccessful. In the past two decades, however, drone use and careful legal gamesmanship by U.S. officials have opened an unprecedentedly broad allowance for use of force in imminent self-defense. As drones become increasingly available to state and non-state actors, this permissive regime poses a threat to national and international security. This Note analyzes two decades of international customary law formation around drone use outside of armed conflict through a new lens post U.S.-withdrawal of Afghanistan. …
Supervision Of Artificial Intelligence In The Eu And The Protection Of Privacy,
2023
Uppsala University
Supervision Of Artificial Intelligence In The Eu And The Protection Of Privacy, Johanna Chamberlain, Jane Reichel
FIU Law Review
No abstract provided.
The Development Of Digital Mass Surveillance In Norway: The Emergence Of A Surveillance State?,
2023
University of Agder
The Development Of Digital Mass Surveillance In Norway: The Emergence Of A Surveillance State?, Iris Nguyên Duy
FIU Law Review
No abstract provided.
Calculated Privacy: Tech Meets Law & Law Meets Tech,
2023
KTH Royal Institute of Technology
Calculated Privacy: Tech Meets Law & Law Meets Tech, Tobias J. Oechtering, Sara Saeidian, Cecilia Magnusson Sjöberg
FIU Law Review
No abstract provided.
Transition-Denial And Structural Adjustment: Causation And Culpability In The Cuban Economy,
2023
Florida International University College of Law
Transition-Denial And Structural Adjustment: Causation And Culpability In The Cuban Economy, José Gabilondo
FIU Law Review
In 2020, Cuba implemented the Tarea Ordenamiento (Tarea), the most significant economic reform since the construction of the socialist economy after the Revolution. Signaling an eclectic brand of Cuban socialism, the Tarea clears away three decades of tried and failed economic doctrines, drawing a new fiscal border around state enterprises, nodding to market realities, and preparing the island for greater insertion into the world economy. While the political economy of post-Castro Cuba has changed in this way, the United States continues to subject the island to an unprecedented program of unilateral sanctions, universally condemned as a breach of human rights, …
