Category: Articles
Article
The Bounds of Bond v. United States: International Treaties and Military Prosecution of Bacteriological Murder, Vol. 56.3
Josh A. Roth
Introduction Little has been written about congressional treaty power beyond the seminal cases Missouri v. Holland, Reid v. Covert, and of course, Bond v. United States. But even with such a limited pool of information, one rule is clear: congressional power to regulate interstate commerce does not permit prosecutions for domestic crimes under statutes implementing…
Mar 2024
Article
Can Output Produced Autonomously by AI Systems Enjoy Copyright Protection, and Should It? An Analysis of the Current Legal Position and the Search for the Way Forward, Vol. 55
Catherine O'Callaghan
The debate as to whether output produced autonomously by Artificial Intelligence (A.I.) systems can, and should, benefit from copyright protection is evolving from a topic of largely theoretical discussion to a question with which courts and legislators can no longer avoid grappling.
Jan 2024
Article
North American Energy in the Crossfire, Vol. 55
Guillermo J. Garcia Sanchez & James W. Coleman
North America is the beating heart of global energy markets undergoing a terrible energy crisis that threatens to upend both the economy and global security. The clearest path out of this global crisis is increasing energy supplies from North America, which can restore energy security and drive a transition to cleaner energy sources.
Jan 2024
Article
Call Me By [My] Name: Gender-Fair Language Under German Civil and Constitutional Law, Vol. 55
Tala Brewster
“If everyone knows that the male includes the female, what’s the harm?” There have been many advances in gender equality over the last century; however, women and non-binary individuals still face on key disadvantage: language.
Jan 2024
Article
Black Lives Matter is a Human Rights Issue, Vol. 55
Gerald Lenoir
In 2015, Opal Ayo Tometi, on of the three Black women who co-founded Black Lives Matter (BLM), along with this author, co-authored an article on the Time magazine website titled, “Black Lives Matter is Not a Civil Rights Movement.” In that piece, we argued that the Black Lives Matter Movement has been described as the…
Nov 2023
Article
Only Sovereignty? Global Emergencies Between Domestic and International Law, Vol. 55
Rottem Rosenberg Rubins & Gad Barzilai
The COVID-19 pandemic demonstrates the need for global norms that assist nation-states in preserving democracy amid emergencies, mitigating the threat of a worldwide democratic decline. This articles examines the role of international law in providing nation-states with such norms on two levels.
Nov 2023
Article
Investment Law’s Transparency Gap, Vol. 55
Sebastian Puerta & Tim R. Samples
One of the fastest growing areas of international law in recent times is also one of the most controversial. Between 1990 and 2010, the number of investment treaties surged from less than 500 to over 3,000.
Nov 2023
Article
Patent Philanthropy, Vol. 55
Haochen Sun
As in previous global public health crises, such as the HIV epidemic, patents have presented a major obstacle to vaccine supply amid the devastating COVID-19 pandemic. Compulsory licensing and intellectual property waiver have been put forth as solutions.
Nov 2023
Article
Avoiding the TRIPS Trap: A Path to Domestic Disclosure of Clinical Drug Data Consistent with International Norms, Vol. 54
Cynthia M. Ho
Should doctors, patients, and policymakers have complete information about new drugs? Complete transparency may seem like the obvious answer. But the reality is that available information is often incomplete.
Nov 2023
Article
International Sales Law in Europe: Pitfalls & Opportunities, Vol. 54
Soterios Loizou
This Article examines the latest international uniform law initiative on the creation of an International Sales Law for Europe, namely the Common European Sales Law (CESL). It comprises four parts, which correspond to the most complex and important aspects of the project’s novel legal response to the problem of creating a transnational uniform legal instrument.
Nov 2023