Publisher,
2016
Florida International University College of Law
Introduction,
2016
Florida International University College of Law
Abortion Travel And The Limits Of Choice,
2016
Queen’s University, Faculty of Law
Abortion Travel And The Limits Of Choice, Lisa M. Kelly
FIU Law Review
No abstract provided.
Laws Of Conception: A Queer Genealogy Of Canada’S Assisted Human Reproduction Act,
2016
University of Leeds
Laws Of Conception: A Queer Genealogy Of Canada’S Assisted Human Reproduction Act, Stu Marvel
FIU Law Review
No abstract provided.
Editorial Board,
2016
Florida International University College of Law
How Radical Is Reproductive Justice? Remarks For The Fiu Law Review Symposium,
2016
Temple University Beasley School of Law
How Radical Is Reproductive Justice? Remarks For The Fiu Law Review Symposium, Rachel Rebouche´
FIU Law Review
No abstract provided.
Politically Correct Eugenics,
2016
Barry University Dwayne O. Andreas School of Law
You Can Build A Wall Or Deport Them, But You Can’T Take Away Their Guns: An Analysis Of Why Non-U.S. Citizens Are “The People” Under The Second Amendment,
2016
Florida International University College of Law
You Can Build A Wall Or Deport Them, But You Can’T Take Away Their Guns: An Analysis Of Why Non-U.S. Citizens Are “The People” Under The Second Amendment, Andrew Figueroa
FIU Law Review
No abstract provided.
Aren’T I A Woman? Deconstructing Sex Discrimination And Freeing Transgender Women From Solitary Confinement,
2016
Florida International University College of Law
Aren’T I A Woman? Deconstructing Sex Discrimination And Freeing Transgender Women From Solitary Confinement, Faroat Andasheva
FIU Law Review
No abstract provided.
Juvenile Offenders: Victims Of Circumstance With A Potential For Rehabilitation,
2016
Florida International University College of Law
Juvenile Offenders: Victims Of Circumstance With A Potential For Rehabilitation, Andrea Huerta
FIU Law Review
No abstract provided.
Avoiding Tax Avoidance: A Rational Proposal To Close Existing Loopholes In The U.S. Corporate Tax System,
2016
Florida International University College of Law
Avoiding Tax Avoidance: A Rational Proposal To Close Existing Loopholes In The U.S. Corporate Tax System, Davide Proietti
FIU Law Review
No abstract provided.
Importance Of State Law In Police Reform,
2016
Saint Louis University School of Law
Importance Of State Law In Police Reform, Roger L. Goldman
All Faculty Scholarship
Most articles on police reform concern the role of federal courts in enforcing constitutional rights under the fourth, fifth and sixth amendments through application of the exclusionary rule, criminal prosecution of law enforcement officers and pattern and practice suits brought against police departments. Additionally, much has been written about the need for civilian review of departmental discipline at the local level. In contrast, the focus of this article is on state law. On the one hand, state criminal prosecution of officers involved in shootings of unarmed, Black suspects has been shown to be ineffective because of the unwillingness of prosecutors …
Congressional Originalism,
2016
Notre Dame Law School
Congressional Originalism, Amy Coney Barrett, John Copeland` Nagle
Journal Articles
Precedent poses a notoriously difficult problem for originalists. Some decisions – so-called super precedents – are so well baked into government that reversing them would wreak havoc. Originalists have been pressed to either acknowledge that their theory could generate major disruption or identify a principled exception to their insistence that judges are bound to enforce the Constitution’s original public meaning. While the stylized process of adjudication narrows the questions presented to the Court, in Congress the question of a measure’s constitutionality is always on the table. And because framing constraints do not narrow the relevant and permissible grounds of decision …
Customary International Law: A Reconceptualization,
2016
Brooklyn Law School
Customary International Law: A Reconceptualization, Roozbeh (Rudy) B. Baker
Brooklyn Journal of International Law
The current state of international law is one of deep confusion over the role of state practice and opinio juris within the customary element. The debate between adherents of “modern custom” versus those of “traditional custom” has resulted in deep uncertainty and confusion. New theories of customary international law have proved inadequate in clarifying the current state of the field. Confusions over the meanings and relationships between state practice and opinio juris aside, current approaches are all also flawed due to a heavily state-centric bias that fails to take into account the very real affects that norm-generating transnational actors have …
Taking Constitutional Identities Away From The Courts,
2016
Brooklyn Law School
Taking Constitutional Identities Away From The Courts, Pietro Faraguna
Brooklyn Journal of International Law
In federal states, constitutional identity is the glue that holds together the Union. On the contrary, in the European Union—not a fully-fledged federation yet—each Member state has its own constitutional identity. On the one hand, the Union may benefit from the particular knowledge, innovation, history, diversity, and culture of its individual states. On the other hand, identity-related claims may have a disintegrating effect. Constitutional diversity needs to come to terms with risks of disintegration. The Treaty on the European Union seeks a balance, providing the obligation to respect the constitutional identities of its Member states. Drawing from the European experience, …
Fashion Forward: The Need For A Proactive Approach To The Counterfeit Epidemic,
2016
Brooklyn Law School
Fashion Forward: The Need For A Proactive Approach To The Counterfeit Epidemic, Casey Tripoli
Brooklyn Journal of International Law
In the last two decades, the overall activity of the counterfeit market has expanded and risen 10,000 percent. This dramatic shift corresponds to growth of the Internet, which has unified the fascination of obtaining cheap, illegitimate goods with the efficiency of a mouse click. With the expected continued inflation of the counterfeit market comes a host of new concerns, namely, how to determine who is responsible for the distribution of these knockoffs, and who should be ordained to limit them in the marketplace. In both the United States and the European Union, however, outdated laws produce a mélange of inadequate …
Thailand's Ban On Commercial Surrogacy: Why Thailand Should Regulate, Not Attempt To Eradicate,
2016
Brooklyn Law School
Thailand's Ban On Commercial Surrogacy: Why Thailand Should Regulate, Not Attempt To Eradicate, Allison L. Zimmerman
Brooklyn Journal of International Law
International commercial surrogacy is when a person or couple from one country hires a surrogate in a different country. In recent years, this form of reproductive tourism has been a booming industry in Thailand due to the lack of meaningful regulation, relatively low cost, and unavailability in other countries. After a string of scandals involving Thai surrogacy arrangements arose, however, the Thai government enacted the Protection for Children Born Through Assisted Reproductive Technologies Act (the “ART Act”), prohibiting Thai commercial surrogacy from serving foreign clients, and only allowing Thai heterosexual couples to make use of surrogacy arrangements. As a result, …
The Phase-Out And Sunset Of Travel Restrictions In The International Health Regulations,
2016
Brooklyn Law School
The Phase-Out And Sunset Of Travel Restrictions In The International Health Regulations, Sarah R. Goldfarb
Brooklyn Journal of International Law
Whether and to what extent travel restriction should be implemented during international infectious disease epidemics became a controversial issue, most recently, during the 2014 Ebola outbreak. The primary authority on the manner in which to respond to such epidemics is the International Health Regulations (IHR). The IHR is a treaty, established by the World Health Organization (WHO), which governs and coordinates international responses to international infectious disease epidemics. Despite the WHO's strong advisement to the contrary, many countries who were signatories to the IHR implemented travel bans and other types of travel restrictions to prevent the transmission of the disease …
The Need For An International Convention On Data Privacy: Taking A Cue From The Cisg,
2016
Brooklyn Law School
The Need For An International Convention On Data Privacy: Taking A Cue From The Cisg, Morgan Corley
Brooklyn Journal of International Law
In light of the invalidation of the U.S.-EU Safe Harbor, along with the increase in sales of personal data as a commodity, data privacy has become a major concern amongst different nations. The lack of harmonization of data-privacy laws around the world continues to pose obstacles to the free flow of data across national borders. The free flow of data is, nonetheless, essential the international economy. As a result, nations continue to work together to try to create mechanisms by which data can be transferred across borders in a secure manner. This Note examines the current state of data-privacy law …
The Last Poor Plunder From A Bleeding Land: The Failure Of International Law To Protect Syrian Antiquities,
2016
Brooklyn Law School
The Last Poor Plunder From A Bleeding Land: The Failure Of International Law To Protect Syrian Antiquities, Mackenzie Warner
Brooklyn Journal of International Law
The Syrian civil war has led to the looting and destruction of a significant amount of the country's cultural heritage. The rise of ISIS in Syria and its exploitation of cultural heritage for propaganda and financial gain has exacerbated this damage. Further, international treaty protections of cultural heritage during armed conflict contain significant weaknesses impeding their ability to effectively protect antiquities in the post-9/11 context of modern armed conflict that substantially involves non-state armed groups and acts of terrorism occurring outside the event of declared war. The primary international protections of cultural heritage during armed conflict consist of the 1954 …
