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Unearthing Banality in Remote Warfare, Unsettling the Law of Armed Conflict and Unmooring from Colonial Humanity
No full textThis dissertation interrogates the significance of remote weapons to existing modes of warfare and the potential futures of armed conflict based on trends in their use. Despite a clear upward trend in their use, growing evidence regarding persisting civilian casualties creates incongruity between narratives around the perceived efficiency and safety of these technologies in conflict. The dissertation will appraise the relationship of remote warfare to existing provisions of the law of armed conflict, with particular attention to current rules regarding the protection of civilians and non-combatants, concluding that remote weapons have engendered the banalization of evil in warfare. In presenting the ongoing damage and persecution that remote weapons levy against protected people living in target zones, this dissertation will articulate the impact of this harm on legal subjectivity and the capacity to assert the status of “legal subject” protected by humanitarian law. This analysis will draw on traditions of feminist and queer theory, poststructural Marxism and fugitive Black studies to present a “traumascape” of remote war. In order to meaningfully constitute humanity beyond abject suffering and destruction at the ends of remote war, this dissertation articulates a strategy for meaningful death, rooted in an understanding of thanatopolitics as a counter to biopolitical, colonial regulation of life. Ultimately, this dissertation calls for a breaking point in international law’s consideration of humanity and protection in regulating the conduct of hostilities, pushing for a version of the “human” and “protection” that is unmoored from the colonial, banal regimes of suffering as entrenched by remote warfare
Barking Up the Wrong Tree: An Exploration of Intellectual Property Law Protections Following Bad Spaniels and Andy Warhol
No full textThe Cardozo Arts and Entertainment Law Journal is pleased to present the 2024 Arts and Entertainment Law Journal Symposium: Barking Up the Wrong Tree. This symposium will discuss Copyright and Trademark Law following the Andy Warhol and Jack Daniels Supreme Court cases
Professor Ala\u27i Delivers Key Insights on International Economic Law at SAIL 2024
No full textProfessor Padideh Ala\u27i delivered a series of lectures as part of the 2024 Seoul Academy of International Law (SAIL) focusing on WTO and U.S. Trade Policy and the future of international economic law. Hosted annually by the Korea National Diplomatic Academy\u27s Center for International Law, under the Ministry of Foreign Affairs for the Republic of Korea, SAIL gathers participants worldwide to deepen their understanding of international law
Gender Persecution & the Urgency to systematically prosecute Gender Crimes as Crimes against Humanity
No full textThe IAAI-GloCha in cooperation with the Criminal Law Department, Law Faculty, of the Sigmund Freud Private University cordially invite you to the hybrid Panel Discussion on “Gender Persecution” with Experts from the International Criminal Court and the United Nations.This event is supported by the “ZukunftsFonds der Republik Österreich”.
Expert panel discussion on Gender Persecution and the necessity to criminalise Gender crimes as Crimes against Humanity.
The goal of this expert gathering is to discuss ways to increase awareness regarding the codification of gender persecution and use, as well as to explore the possibility to draft a General Assembly Resolution on the recognition of gender persecution as a crime against humanity. The adoption of the UN General Assembly Resolution 77/249[1], which gave the green light to move forward with the drafting of a treaty on crimes against humanity, as well as the Policy on Gender Persecution launched by the International Criminal Court in 2022 have provided a unique opportunity to recognise gender as a crime against humanity. In this way, the international community could hold regimes that commit gender crimes accountable. Parties bound by an international treaty that considers gender persecution a crime against humanity would have to criminalise gender persecution in their domestic laws and take punitive actions. Universal jurisdiction could also ensure that these crimes could be prosecuted in courts in any country
THE FAIR USE/FAIR DEALING HANDBOOK
Get PDFMore than 40 countries with over one-third of the world’s population have fair use or fair dealing provisions in their copyright laws. These countries are in all regions of the world and at all levels of development. The broad diffusion of fair use and fair dealing indicates that there is no basis for preventing the more widespread adoption of these doctrines, with the benefits their flexibility brings to authors, publishers, consumers, technology companies, libraries, museums, educational institutions, and governments. This is particularly the case considering that the copyright laws in many “civil law” countries currently allow their courts to apply a specific exception in a specific case only if second and third steps of the Berne three-step-test are met. That is, the court may permit the use only if it determines that the use does not conflict with a normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the rights holder. These steps are at least as abstract and difficult to apply as fair use or fair dealing.
Fair dealing was first developed by courts in England in the eighteenth century, and was codified in 1911. In the UK legislation, an exception to infringement was provided for fair dealing with a work for the purposes of “private study, research, criticism, review, or newspaper summary.” Fair dealing also became incorporated into copyright laws of the former British Imperial territories, now referred to as the Commonwealth countries. Over the past century, however, the fair dealing statutes have evolved in many of the Commonwealth countries. While in some countries fair dealing remains, as in the UK, restricted to the original purposes of the 1911 Act, in other countries these purposes have become a non-exclusive list of examples (see, e.g., Bahamas). In still other countries, legislatures have added factors a court must consider in determining fair dealing (see, e.g., Australia). Moreover, some countries have replaced the term “fair dealing” with “fair use” (see, e.g., Bangladesh). Thus, the fair dealing statutes in many countries have over time increasingly resembled the fair use statute in the United States. (Additionally, judicial interpretations of fair dealing in countries such as Canada are now similar to judicial interpretations of fair use in the United States.)
Fair use in the United States is attributed to Justice Story’s 1841 decision in Folsom v. Marsh, which was based on the English fair dealing case law. Congress codified fair use in the Copyright Act of 1976. Section 107 provides that fair use for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship and research is not an infringement of copyright. Section 107 then lists four factors that are to be included in the determination of whether the use made of a work in any particular case is a fair use. In other words, Section 107 sets forth non-exclusive purposes and non-exclusive factors for fair use. Although fair use is generally considered to be more flexible and open-ended than fair dealing, this, as discussed above, is no longer the case in many Commonwealth countries.
Countries that are not former British colonies, such as Taiwan and Korea, have also adopted fair use or fair dealing. Four former colonies, Botswana, Ghana, Lesotho, and Malawi, have replaced fair dealing with other exceptions.
This handbook contains the fair use and fair dealing statutes we were able to identify. Please contact [email protected] if we missed any. The handbook does not include the many implementations of the exceptions for quotations and illustration in Article 10 of the Berne Convention, which refers to “fair practice.” Fair practice under Article 10 is a distinct concept from fair use or fair dealing. The handbook also does not include the myriad specific exceptions countries have enacted in addition to fair use or fair dealing. Finally, the handbook does not contain exceptions that appear to be inspired at least in part by fair use or fair dealing, but do not employ those terms
Finding Rights in the Fine Print: How Terms of Services Agreements can Turn Consumer Search History into Digital Property
Get PDFOn October 16, 2023, the Colorado Supreme Court handed down the country’s first court opinion on the constitutionality of reverse keyword warrants. It found that Google’s Terms of Service created a Fourth Amendment property interest in a user’s search history such that police copying this data constituted a seizure. This was a completely novel contention that implicates basic, yet increasingly relevant and unsettled principles of property, contracts, and Fourth Amendment law.
This Comment will argue that fundamental principles of property, contracts, and Fourth Amendment law support the Colorado Supreme Court’s theory. It will explore how property rights are created and will tackle the viability of finding property rights in data such as search history. Further, this Comment will analyze the strength of terms of service in courts, dissect the relationship between contracts and how they can or cannot impact constitutional protection, and survey Fourth Amendment caselaw surrounding seizures of intangible property, including data. Finally, it will provide recommendations for how companies can better protect their users’ data from law enforcement tactics such as reverse keyword warrants
Algorithmic Financial Regulation: Limits of Computing Complex Adaptive Systems
Get PDFThis article examines the potential of and limits to the use of machine learning for financial regulation. Ideally, if we could fully understand the financial system and agree on long- and short-term regulatory goals, we would be able to write code that carries out the computation that extracts proper representations from the data and makes correct regulatory decisions. We cannot do this yet because of limited sources of data, the bias brought by human beings and algorithmic models, and the difficulty of improving uninterpretable models. Furthermore, since law is a combination of merits and facts, there are difficulties in establishing the ground truth, modeling complex financial systems, and attaining fair outcomes simply based on statistics. Statistics, as a method of inductive learning, can only recognize patterns from existing data. From a methodological perspective, this represents a paradigm shift from observational study (deduction) to data analytics (induction). However, in the financial field, there is a fundamental difference between measurable risks and unknowable uncertainty in the future, which significantly affects the reliability of models to determine regulation based on estimated risks. Therefore, algorithmic models cannot make reliable suggestions about unusual situations, nor deal with complex problems that lack sufficient training data. In cases of algorithmic regulation, despite the predetermined regulatory goals, specific standards should remain adaptive to new data collected from the regulated environment, so as to mitigate bias generated from historical data and the initial model setting
Communication Decency Act and the Intellectual Property Exception
Get PDFAs the internet proliferated in the 1990s, Congress became concerned with courts impeding the advancement of the internet and the distribution of obscene materials. Congress passed Section 230 of the Communication Decency Act (CDA), which was part of the Telecommunications Act of 1996. Section 230(c), known as the “Good Samaritan” provision, gave broad immunity to interactive computer services providers (ISPs) who monitor third-party content posted to their website.3 Section 230 created the regulatory foundation for modern day ISPs, including social media websites like Facebook
The ESA at 50
Get PDFDecember 2023 marked 50 years since the Endangered Species Act (ESA) was signed into law. The ESA has proven resilient to numerous legal challenges and saved many species from extinction. But its overall success has been debated, as the list of endangered and threatened species continues to grow, and only 54 species have been taken off of the list completely. On October 26, 2023, the Environmental Law Institute hosted a panel of experts who explored the successes and shortcomings of the statute and discussed what might happen next as climate change increases the risk of extinction. Below, we present a transcript of that discussion, which has been edited for style, clarity, and space considerations
