Rights-Protection Lawyers in China: A Behavioral and Rational Choice Analysis of Lawyers in an Authoritarian State

In the summer of 2015, the Chinese Communist Party (“CCP”) detained over 200 rights-protection lawyers, a human rights violation that many observers viewed as a retreat from prior commitments to the development of the rule of law. This Note uses two theoretical frameworks—rational choice theory and behavioral law & economics—in an attempt to explain why the CCP, an authoritarian regime, would allow this movement to develop in the first instance and why, after more than a decade, the CCP reversed course.

Macedonia’s Ohrid Framework Agreement Reexamined in Response to Internal and External Crises: Reason for Cautious Optimism on Europe’s Southeastern Border

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In recent years, a number of variables put Macedonia at an increased risk of instability. These factors include Macedonia’s tense relationship with Greece, the strain posed by the European migration crisis, the potential for domestic interethnic conflict, and Macedonia’s recent government scandals. Because of the security risks that an unstable Macedonia poses to the European Union, it is crucial for the EU to seek new ways to ensure Macedonia remains stable. This Note assesses the continued durability of the current set of legal tools – most importantly the framework established by the 2001 Ohrid Framework Agreement (“Ohrid”) – to cope with the increased strain posed by recent destabilizing crises in Macedonia.

What OLC Missed: Anwar al-Aulaqi and the Case for Citizenship Forfeiture

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As the nature of terrorism changes, so does the government’s response to the issue. This Note discusses one of the most significant changes undertaken by allied nations to address the terrorist threat. Western States have slowly adopted some form of citizenship revocation to address the threat of homegrown terrorism. Through the lens of the Anwar al-Aulaqi case, this Note argues that the Office of Legal Counsel should view a particular class of individuals as having forfeited the right to their U.S. citizenship as a result of their involvement in foreign terrorist activities.

Creating a Legal Framework for Terrorism Defectors and Detainees in Somalia

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Through multiple interviews with people working in Somalia on the national program for rehabilitating and reintegrating former terrorists, this Note maps out the current legal framework for handling terrorists and evaluates its effectiveness. It concludes that, while the current programs in Somalia are a positive step and likely to be more effective than traditional counter-terrorism models, there is still a need to ensure adequate safeguards for disengaging terrorists.

Rethinking the Employment Status of Refugees in the United States

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A change in the policy of barring refugees from jobs in the U.S. Federal Civil Service could mitigate challenges for the refugee population. The current policy is misguided from a humanitarian and economic perspective and potentially unconstitutional as it may be in conflict with U.S. obligations under the 1967 Protocol on the Status of Refugees.

Ralls Corp. v. CFIUS: A New Look at Foreign Direct Investments to the US

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The CFIUS process typically occurs privately and opaquely, but Ralls Corporation brought a legal challenge in federal courts resulting from an unfavorable ruling. Though full resolution did not ultimately occur, the first and only CFIUS suit in history opened the door for future litigation and substantially strengthened investors’ rights.