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International Law Journal and Research Center
CLASS ACTION MECHANISMS IN THE COMPARATIVE CONTEXTS: A LAW AND ECONOMICS PERSPECTIVE
Class actions are designed to provide claimants a mechanism by which to enforce their rights with objectives including achieving access to justice, being compensated, and deterring misconduct. The significant impact of class disputes on society brings both common law and civil law countries’ attention to the promotion of more efficient enforcement. Jing-Huey Shao
CHINA’S DUAL STATE REVIVAL UNDER XI JINPING
Under President Xi Jinping, China has undergone autocratic reclosure. Drawing on Fraenkel’s 1940 analysis of Germany’s then dictatorship as a duality of coexisting normative and prerogative modes of governance established to normalize ‘emergency’ exemptions from legality, this Article argues that this process can be understood as a Dual State revival at a point in time Read More …
CAN PERSONHOOD PROTECT THE ENVIRONMENT? AFFORDING LEGAL RIGHTS TO NATURE
In 2021, the Intergovernmental Panel on Climate Change (“IPCC”) found that the global surface temperature increased faster between 1970 and 2020 than during any other fifty-year period over the last 2,000 years.2 Between 2011 and 2020, annual average Arctic sea ice area reached its lowest level since at least 1850, and global mean sea level Read More …
BORDER BRUTALISM
Concepts like freedom and liberty motivate Americans on the global stage. This has racial implications past and present. Exploring these arguments, this Essay: (1) reviews Greg Grandin’s The End of the Myth: From the Frontier to the Border Wall in the Mind of America and (2) proposes a framework to identify law’s place in these Read More …
BARGAINED JUSTICE: THE RISE OF FALSE TESTIMONY FOR FALSE PLEAS
Andrew M. Pardieck, Vanessa A. Edkins & Lucian E. Dervan
BALANCING PRINCIPLES IN JUDICIAL ADJUDICATION: THE GAPS OF RATIONALITY IN THE CONVICTION OF ILLEGAL IMMIGRANTS
Weighing principles and considering rules in the context of judicial adjudication to create a general theory of State and Law is a challenge of hermeneutics that the Author makes. To meet this challenge the Author uses a decision of an administrative court in Portugal – the Tribunal Administrativo Central Norte. The factpattern of that decision Read More …
BALANCING BIODIVERSITY AND NATURAL RESOURCE PROTECTION OBJECTIVE WITH ETHNIC MINORITY AUTONOMY: A CHINESE MODEL
Each society as it exists through time has a particular philosophy of history. This point, where “ . . . historical and political theory meet” is “a set of ideas about what happens, what can be known and what [is] done” in a society.1 This philosophy of history is intimately intertwined with the foundational myths Read More …
APPLE, THE GOVERNMENT, AND YOU: SECURITY AND PRIVACY IMPLICATIONS OF THE GLOBAL ENCRYPTION DEBATE
In 2013, ex-NSA contractor Edward Snowden leaked information that revealed the extent to which several countries, including the United States, developed a global surveillance system capable of collecting and sharing a massive amount of information. A direct consequence of the Snowden disclosures was the public backlash against large technology companies, who in turn strengthened security Read More …
ANTI-MONEY LAUNDERING AND LAWYER REGULATION: THE RESPONSE OF THE PROFESSIONS
The extension of anti-money laundering (AML) controls to lawyers has been an object of controversy since the early 2000s. Facing these measures, the legal profession has adopted different strategies of response, three examples of which are examined and contrasted in this Article. In the United States, the legal profession vocally objected to the measures and Read More …