Corporations as Semi-States

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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.

Hybrid Constitutional Courts: Foreign Judges on National Constitutional Courts

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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.

Use or Abuse of § 1782 Discovery in Less-Developed Legal Systems

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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

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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.

Nationality and Defining “The Right to Have Rights”

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Since the late 1990s, the U.N. High Commissioner for Refugees and scholars have suggested that legal nationality, as is relevant to the right to a nationality, comprises not only traditional rights regarding movement and access to diplomatic protection but also civil and political rights. They have equated nationality with enfranchised citizenship, identifying certain groups of non-citizen nationals as stateless. This Note reviews the history of nationality in international law and concludes that nationality and citizenship were and continue to be separate concepts.

User-Generated Evidence

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Around the world, people are increasingly using their smartphones to document atrocities. This Article is the first to address the implications of this important development for international criminal law. While acknowledging the potential benefits such user- generated evidence could have for international criminal investigations, the Article identifies three categories of concern related to its use: (i) user security, (ii) evidentiary bias, and (iii) fair trial rights.

Tying the Knot: An Interdisciplinary Approach to Understanding the Human Right to Adequate Nutrition

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Malnutrition is alarmingly prevalent, affecting one in three people worldwide. In this Article, we argue that a key reason the global community has been unsuccessful in combatting malnutrition is a lack of clarity outside the field of nutrition regarding the true mean- ing of “nutrition.” In particular, this has limited the effectiveness of international human rights law as a mechanism for addressing malnutrition.

The State Power to Boycott a Boycott: The Thorny Constitutionality of State Anti-BDS Laws

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The Boycott, Divestment, Sanctions (“BDS”) Movement, a global effort to oppose the State of Israel in its actions toward Palestine, is one of the most divisive topics in global politics. Since it began in 2005, BDS has also been legally divisive in the United States. U.S. states began passing anti-BDS laws in 2015, and twenty-seven states have since passed legislation or executive orders restricting the state governments’ commercial dealings with entities that participate in BDS activities against Israel.

Conceiving Criminality: An Evaluation of Abortion Decriminalization Reform in New York and Great Britain

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This Note examines how laws make abortion feel like a crime and looks to the history of abortion laws, the current laws, and the reform movements in both juris- dictions to posit that the consequences of partial abor- tion criminalization vary depending on the existence of other laws and legal norms that question its partial criminalization. Finally, this Note challenges assump- tions about the effects of abortion regulation by ana- lyzing it through the lens of stigma.

Monetary Mechanisms in Work Migration

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.