HIDING BEHIND THE FLAG: JURISDICTIONAL IMPEDIMENTS IMPOSED BY THE LAW OF THE FLAG ON THE ENFORCEMENT OF VIOLATIONS OF ANNEX I OF MARPOL 73/78 PURSUANT TO THE ACT TO PREVENT POLLUTION FROM SHIPS

The Joint Group of Experts on the Scientific Aspects of Marine Environmental Protection estimates that approximately 450,000 tons of oil are intentionally jettisoned from ships into the world’s oceans and seas each year.1 Forty-five years ago, recognizing that such intentional discharges as well as accidental releases from ships of crude and refined oil and other Read More …

GREY MARKET GOODS AND MODERN INTERNATIONAL COMMERCE: A QUESTION OF FREE TRADE

This Note argues that the importance of trademark laws to the resolution of the grey goods controversy is outweighed by the overriding public policy considerations of international free trade. Part I discusses the background of the grey goods controversy by examining the history of the controlling statutory and case law and the recent grey goods Read More …

GLOBAL ORDER OF THE COURT

For worse, not better, we live in a time when evidence, expertise, even reality itself, matter less than uniformed assertion. Just repeat a baseless claim often enough and sooner or later it must be true. It sadly goes without saying that this technique provides a ticket to the White House and the Executive Branch more Read More …

FROM RETRIBUTION TO RESTORATION: IMPLEMENTING NATIONWIDE RESTORATIVE JUSTICE INITIATIVES – LESSONS FROM JAMAICA

The effectiveness of retributive justice, which uses incarceration as the major tool for punishment in response to crime, is currently being questioned. Harsh critiques of the system abound, citing failures to address adequately victim needs and the root causes of the complex social problems underlying crime, such as poverty, racial inequality, unemployment, citizenship, and inadequate Read More …

FREEDOM OF INFORMATION VERSUS NATIONAL SOVEREIGNTY: THE NEED FOR A NEW GLOBAL FORUM FOR THE RESOLUTION OF TRANSBORDER DATE FLOW PROBLEMS

This Note argues that the issues raised by transborder data flow restrictions must be dealt with on a global scale, not on a national basis. Part I of this Note discusses the international legal principles underlying the concept of freedom of information and the legal difficulties presented by the imposition of transborder data flow restrictions. Read More …

FREEDOM OF EXPRESSION IN THE AGE OF ONLINE PLATFORMS: THE PROMISE AND PITFALLS OF A HUMAN RIGHTSBASED APPROACH TO CONTENT MODERATION

In today’s digital public sphere, individuals have little choice but to participate on online platforms, whose design choices shape what is possible, content policies influence what is permissible, and personalization algorithms determine what is visible. Ensuring that online content moderation is aligned with the public interest has emerged as one of the most pressing challenges Read More …

FORUM NON CONVENIENS: STANDARDS FOR THE DISMISSAL OF ACTIONS FROM UNITED STATES FEDERAL COURTS TO FOREIGN TRIBUNALS

Part I of this Note will develop and summarize the historical backdrop of the doctrine of forum non conveniens. Part II will analyze the legislative and judicial development of the doctrine during the last fifty years. Part II will discuss the Reyno decision and the proper weight to be accorded the citizenship and the forum Read More …

FORUM NON CONVENIENS AND FOREIGN PLAINTIFFS: ADDRESSING THE UNANSWERED QUESTIONS OF REYNO

This Note explores the current, law regarding forum non conveniens for foreign plaintiffs and examines the law in light of Friends for All Children, Inc. v. Lockheed Aircraft Corp.8 (the Babylift case), which was recently decided by the United States Court of Appeals for the District of Columbia. Maria A. Mazzola

FOREIGN INTELLIGENCE SURVEILLANCE: INTELLIGENCE GATHERING OF PROSECUTION?

This Note considers the permissible uses of information secured through a FISA surveillance in light of the fourth amendment issue raised by Falvey. It concludes that when information is sought for purposes of national security or foreign affairs, the nature of the investigation and the compelling government interest in obtaining the information require fourth amendment Read More …

FOREIGN BRANCHES OF UNITED STATES BANKS-A PROPOSAL FOR PARTIAL SUSPENSION DURING PERIODS OF UNREST

This Note discusses the liability of United States banks for the deposits at an expropriated foreign branch. The case of Vishipco Line v. Chase Manhattan Bank, which illustrates the problems banks face under the current law, is also discussed. This Note also proposes a Federal Reserve Regulation which, if adopted, would permit a partial suspension Read More …