Current Issue: Volume 57, Number 2
When Ebola came to West Africa in 2014, Liberia could not cope. The State’s already fragile public health infrastructure was largely ineffective in responding to the illness and preventing its spread. And, the World Health Organization’s support was slow and stilted. By contrast, Firestone, a tire company that operates a vast rubber plantation in Liberia and runs its own hospital for 80,000 employees, family dependents, and persons in neighboring localities, responded to the virus much more effectively. This Article uses Firestone’s Ebola response as an entry point to study a phenomenon too frequently overlooked.
Foreign judges play an important role in deciding constitutional cases in the appellate courts of a range of countries. Comparative constitutional scholars, however, have to date paid limited attention to the phenomenon of “hybrid” constitutional courts staffed by a mix of local and foreign judges. This Article addresses this gap in comparative constitutional scholarship by providing a general framework for understanding the potential advantages and disadvantages of hybrid models of constitutional justice.
This Note discusses 28 U.S.C. §1782, which authorizes district courts to issue orders compelling discovery of evidence located within their district for use in a proceeding in a foreign tribunal. This Note addresses whether, to satisfy the § 1782 “for use” requirement, applicants must show that they possess some procedural right entitling them to participate in the foreign proceeding or otherwise describe the procedures through which the applicant intends to inject the requested discovery into the foreign proceeding.
Interpreting “Space Resources Obtained”: Historical and Postcolonial Interventions in the Law of Commercial Space Mining
This Note addresses a fundamental ambiguity in the U.S. Commercial Space Launch Competitiveness Act of 2015 (“CSLCA”). It is unclear whether the statute authorizes U.S. citizens to extract natural resources from asteroids and other celestial bodies, as is commonly assumed. Alternatively, the statute can be read to merely entitle citizens to resources that have already been obtained, where the regime for actually obtaining such resources remains undetermined.
This Article explores the institutional role monetary mechanisms play, or could play, in work migration programs. The Article first explores the role of informal recruitment fees in this context. The Article then analyzes different monetary bond and reward models and the ways in which they can address the screening and enforcement challenges that are created by the structure of guest worker programs and exacerbated by fees. Acknowledging the virtues as well as the limitations of monetary regulation in the context of work migration calls for further creative thinking about institutional design in this field.read more
Alternative Trade Options for the United Kingdom and the European Union Following Brexit: the Norwegian Model and the Swiss Model
The United Kingdom’s (“UK”) divorce from the European Union (“EU”) has created several complications in international law. Because this is the first withdrawal of a member state from the EU, there was no legal precedent explaining how to seamlessly exit the EU....read more
Carrie DeCell is a staff attorney at the Knight First Amendment Institute. The Institute is currently litigating a Freedom of Information Act (FOIA) request that seeks records related to the government’s consideration of a person’s speech, beliefs, or associations in...read more
As the European migration crisis continues, the international community is pursuing new and innovative ways in which to soften its impacts. The addition of French Asylum Hotspots and UN programs to return migrants to their origin points have had positive, though limited, influences on the situation.read more
The Convention on Cybercrime: A Tool for Human Rights Advocates to Combat Illegal Government Surveillance Tactics
Abusive surveillance tactics are becoming the hallmark of modern authoritarian and corrupt regimes, wherein political opponents, journalists, and activists are often spied upon via telecommunications, email communications, and multiple other means. This type of conduct has in large part been facilitated by the growth of the multi-billion dollar surveillance technology industry, as private companies manufacture and sell spyware software to governments and law enforcement agencies. These products are often sold with the explicit condition that they only be used to combat terrorists and drug cartels; however, governments have been exposed by independent groups and news organizations as having used these tools to spy on human rights lawyers, political opponents, journalists, government critics, and international investigators. Countries in which this type of illegal surveillance has been alleged to occur include Mexico, Panama, Colombia, Saudi Arabia, the United Arab Emirates, Ethiopia, Uzbekistan, and Kazakhstan.read more
Fruit of the Poison Trees, Vines, and Bushes: The USMCA’s Failure to Address Cross-Border Food Safety Concerns
In October, 2018, the Trump administration announced that the United States-Mexico-Canada Free Trade Agreement (“USMCA”) had been signed, and farmers throughout the US breathed a sigh of relief. When the Trump administration pulled out of the North American Free Trade Agreement (“NAFTA”), US farmers were impacted by new trade barriers that arose between the former bloc countries, with an estimated annual average of $63 billion dollars of agricultural exports to Canada, Mexico and China caught in limbo while a new deal was negotiated. USMCA is a return to the NAFTA status quo in most areas of agriculture, though it does promise improvements for producers of certain agricultural commodities – specifically, USMCA creates new access for US wheat and dairy producers to sell products into the Canadian market. Despite these gains, however, the USMCA negotiations represent a squandered opportunity to tackle the increasingly important issue of food safety in the fresh produce supply chain.read more