Developing a Law of Asteroids: Constants, Variables, and Alternatives

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The proposition of mining an asteroid for natural resources is quickly moving from the realm of science fiction into viable reality. Meanwhile, the legal status of an asteroid-mining venture remains doubtful. This Note gives the legal problems a firmer foundation in scientific experience, weighs the merits and shortcomings of the extant proposals, considers which empirical variables should shape any future legal approach to asteroid law, and addresses some of the more general challenges of making law prospectively.

Transatlantic (F)RANDs and Converging Standards: Finding Balance Between Jurisdictions in International Standard Setting

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The Microsoft v. Motorola cases in U.S. federal court and transformative developments in enforcement activity by the European Commission antitrust authorities have created a new dynamic intersection between competition and intellectual property law. This legal juncture focuses on a patent holder’s “reasonable and non-discriminatory,” or RAND, commitments to standard setting organizations.

When Charity Meets Racism: The Story of Cy Pres in the United States and England

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This Note examines the history of the cy pres doctrine in U.S. and English law of charitable trusts. This doctrine is the main means by which a charitable trust can be altered if it has become illegal, impracticable, or impossible to maintain it in its original form. This Note finds that, while the doctrine was essentially identical in the United States and in England until well into the twentieth century, U.S. courts are now far more willing to alter charitable trusts than they were originally, while the approach of English courts has hardly changed.

Convicting with Our Eyes Open: Regulation of Eyewitness Identification in the United States and England and Wales

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This Note considers whether the U.S. Supreme Court’s current standard for regulating eyewitness identification evidence is satisfactory. Many years of research have shown that this type of evidence can be dangerous to our criminal justice system by contributing to mistaken convictions. Yet, because eyewitness evidence can be probative and is readily available, we tolerate its continued use so long as safeguards are in place to minimize risk of error.

Forcing Europe to Wear the Rose-Colored Google Glass:  The “Right to Be Forgotten” and the Struggle to Manage Compliance Post Google Spain

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The Court of Justice of the European Union’s ruling in the 2014 Google Spain case has strengthened the “Right to Be Forgotten” considerably, as European citizens can now demand that search engines delete links to embarrassing information about them. This Note compares this process to the procedural safeguards found in defamation and privacy law in Western democracies, and argues that these safeguards are largely absent from the Google Spain review process.

A Tale of Two Kadis: Kadi II, Kadi v. Geithner & U.S. Counterterrorism Finance Efforts

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The European Court of Justice’s final decision in Kadi II—Yassin Abdullah Kadi’s challenge in Europe to his designation as an international terrorist financier—has stimulated significant discussion on the relationship between European and international law. Less attention has been paid to the Kadi II’s correlate in U.S. courts, Kadi v. Geithner, decided in the D.C. Circuit. This Note considers the impact of Kadi’s legal challenges in the United States and Europe from the perspective of U.S. counterterrorism policy.

Jurisdiction in Complicity Cases: Rendition and Refoulement in Domestic and International Courts

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A norm prohibiting the complicity of one state in the internationally wrongful conduct of another state is a recognized part of customary international law, and the norm is also contained in many international treaties. This Note will explore the circumstances in which courts have upheld or declined jurisdiction over complicity claims, relying on recent international and domestic cases that arose in the context of the U.S. extraordinary rendition program.

Challenging Extradition: The Doctrine of Specialty in Customary International Law

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The doctrine of specialty, a fundamental feature of extradition law, provides that a state may only prosecute an extradited individual for the offenses agreed to by the sending state. This Note examines jurisprudence in the United States, foreign courts, and international tribunals, and demonstrates that specialty is not applied consistently as a norm of customary international law.

NML Capital, Ltd. v. Republic of Argentina and the Changing Roles of the Pari Passu and Collective Action Clauses in Sovereign Debt Agreements

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The recent defaults or threatened defaults of numerous sovereign states such as the Hellenic Republic, Belize, and Cyprus have made sovereign debt restructuring, once again, an important issue for international financial markets. This Note provides a summary of the development of the pari passu clause from its beginnings as a form of legal subordination to more senior obligations to the “ratable payment” interpretation.