352,685 results
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The Early American Tradition of Arms Regulation: Common Law, Common Weapons, and Common Use
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Institutional Authority Without Ratification: Rethinking International Organizations’ Governance in the Post-Treaty Era
This Article examines the growing normative authority exercised by international organizations through informal governance mechanisms that operate without treaty ratification or formal consent. It argues that international law is undergoing structural transformation: global standards increasingly…
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Ecocide and the International Criminal Court: Reassessing the African Union-ICC Impasse
The refusal of the African Union (AU) and its leaders to cooperate with the International Criminal Court (ICC) led to the negotiation of the Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights 2014 (the Malabo Protocol). The Protocol incorporates…
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Governing Economic Statecraft: Procedural Guardrails from State Practice, WTO rules, multilateral trade
National security exceptions have long been part of international trade law, but their use has expanded alongside the rise of economic statecraft. States now increasingly rely on geoeconomic tools such as sanctions, subsidies, tariffs, and investment and export controls to pursue geopolitical…
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The Unspeakable Unspoken: Terrorist Imagery, Symbolic Expression and the Shifting Boundaries of Free Speech
A simple fruit like a watermelon can convey many meanings: solidarity for some, terrorism sympathies for others. Among other things, increasing restrictions on speech drive individuals to the use of symbols for political expression, which may lead to legal controversies at the international level…
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Creeping Alliances in Foreign Policy Choices: A World of Clusters and the Outline of a Fragmented World Order
International cooperation and conflict has long been studied through formal institutions, namely, membership in international organizations and participation in bilateral or multilateral treaties. This hardly grasps the informal and contingent relationships and the tacit and pragmatic alliances…
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Mapping the Invisible: A Topology of De Facto Amnesties and the Shifting Landscape of Accountability
This article introduces the concept of de facto amnesty as a distinct category within transitional justice. While international law has increasingly restricted de jure amnesties, it has paid less attention to informal or structural practices that foreclose accountability in fact. Such practices…
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The Rise of Accountability Mechanisms: The Next Wave of International Law Justice?
Since 2011, the United Nations (UN) has increasingly deployed investigative mechanisms—or commissions of inquiry, fact-finding missions, and other ad hoc investigations—to not just monitor and document egregious human rights abuses, but also to collect, preserve, and analyze evidence in order to…
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Challenging National Security List Designations in U.S. Courts
National security list designations have emerged as a prominent feature of U.S. foreign policy, directly targeting individuals and entities through administrative channels. Programs such as the SDN List, the Entity List, and the 1260H List deliberately restrict access to financial resources and…
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Bridging Divides, Building Futures: Affirmative Action from a Global Perspective
Affirmative action in higher education has long been central to U.S. constitutional debate, but the Supreme Court’s decision in Students for Fair Admissions v. Harvard (SFFA) ended race-conscious admissions. This Article uses a comparative framework to examine how Canada, the United Kingdom…
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Seizing Responsibility: International Investment Law's Shifting Understanding of Jurisdiction in Occupied and Annexed Territory
Following Russia’s 2014 occupation and annexation of Crimea, Ukraine pursued the unusual strategy of encouraging its nationals to file investment claims against Russia under the 1998 bilateral investment treaty between Russia and Ukraine. The resulting “Crimea arbitrations” consistently upheld…
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From Generation to Generation: Older People and Ageism in Violent Conflict
Conflicts in every generation disproportionately impact older people. Older people are often unable to exercise their most basic human rights during peacetime, and conflicts only amplify this problem. Despite this reality, international law does not provide specialized protection for older people…
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Sharenting and Child Rights in the Age of Platform Capitalism
The boundaries between private life, work, and visibility have become increasingly blurred in the digital age. Nowhere is this more evident than in the phenomenon of sharenting, a portmanteau of “sharing” and “parenting,” where parents routinely post images, videos, and personal narratives of their…
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The Role of International, Regional, and Domestic Courts in Transitions Toward Peace and Security
Over the past several years, we have witnessed tremendous violations of international law in situations of conflict and mass violence by both state and non-state actors. In Myanmar, hundreds of thousands of Rohingya have experienced severe persecution and have been forced to flee to the neighboring…
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Beyond Precedent: Leveraging Non-Precedential Writings in Pursuit of Social Justice Advocacy
The role of law in society is complex and often intersects with evolving societal norms, politics, technology, etc. Despite this complexity, students, especially our current Gen-Z students, enroll in law school, hoping to enact positive change within their communities through the legal system. As…
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Our Eviction Court Clients Need This Treaty: The U.S. Must Finally Ratify The International Covenant on Economic, Social, and Cultural Rights
Anyone enduring poverty in the U.S. or working with persons enduring poverty–as we do in our law school eviction clinic–is aware that housing, healthcare, food, and sufficient income are essential to human survival and dignity. Yet those basic necessities are not rights guaranteed under U.S. law…
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Adoption and Parentage Inequality for Same-Sex Couples in Wisconsin in the Age of Assistive Reproductive Technology
In the age of assistive reproductive technology, same-sex couples have more avenues than ever before to become parents, but the law has failed to match pace. With the ever-growing number of same-sex couples conceiving children through artificial insemination, Wisconsin must take action to remedy…
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The Urban Talented Tenth: Race, Higher Education, and the Law of Opportunity
This Article reexamines W.E.B. Du Bois’s theory of the “Talented Tenth” through the lens of contemporary African American males in urban educational contexts. Drawing on historical origins, critical race theory, and modern jurisprudence surrounding higher education, it argues that law and policy…
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