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Protection and Guarantee of Human Rights in Digital Environments
Full text linkWe are delighted to present this year’s special issue of the American University International Law Review and the Academy on Human Rights and Humanitarian Law, which includes the best essays in English and in Spanish recognized in the 2024 Human Rights Essay Award competition. It is satisfying to think that this competition allowed a number of participants an opportunity to expound their thoughts on so many important topics, regarding so many areas of the world. We hope these participants are able to use their articles as mechanisms for change
Social Movement Lawyering and Due Process Values
Full text linkAs I send this Essay off to the Fordham Law Review in early January 2025, many people in the United States remain in a state of shock following the recent election of Donald J. Trump to a second term as President. Theories abound as to why a person who espoused so much hate won the allegiance of a majority of American voters; some commentators have suggested that “anti-wokeism” is to blame. To be sure, the Trump campaign manipulated conservative social values to gain support. But conservative values are not necessarily anti-woke values. Ancient values oppose treating people badly and interfering with individuals’ liberty to live as they choose. These core “woke” values are not the reason for the totalitarian shift reflected in Trump’s election
Brief of 12 Narcolepsy Patients, Public Interest Organizations, Medical Professionals, and Professors of Law and Medicine as Amici Curiae in Support of Defendants-Appellees (Amended to Add Further Signatories)
Full text linkA prior copy of this brief was filed, inadvertently omitting one signatory. This brief has accordingly been amended to correct the error, reflected in the Certificate as to parties and the Appendix
Brief of Law Scholars as Amicus Curiae in Support of Appellees and Affirmance
Full text linkAmici are law professors and scholars who focus their scholarship and teaching on intellectual property law, property law, regulatory law, and health law. They write to address the plaintiff, Novartis Pharmaceuticals Corporation (Novartis), contention that the Medicare drug price negotiation program effectuates a taking of personal property in violation of the Fifth Amendment. Amici submit this brief to provide the Court with the historical and legal background necessary to understand two issues: first, the constitutionality of government price negotiations and price regulations; second, the federal government’s use of patents. The amici explain how Courts have historically ruled on these questions, as well as the far reaching consequences that a ruling in Novartis’s favor would have on the federal government’s ability to provide adequate healthcare to across the United States
Brief of Legal Ethics Scholars as Amici Curiae in Support of Petitioner
Full text linkAmici curiae are leading legal ethics scholars with expertise regarding the rules, precedents, and other authorities regarding the professional responsibility and legal ethics obligations of lawyers. While this case involves protection of crucial Sixth Amendment rights of criminal defendants, it also implicates the professional responsibility and legal ethics obligations of attorneys representing clients at trial. Amici have a professional interest in ensuring that the Court is fully informed of the important professional responsibility and legal ethics issues in this case. Specifically, amici submit this brief to explain that the trial court\u27s order in this case creates significant and serious problems for attorneys attempting to satisfy their professional responsibility and legal ethics obligations under relevant authorities
How Antipoverty Advocates Can Go On the Offensive
No full textIn the last half of 2024, more than 100 cities “banned people from sleeping outside even if they have nowhere else to go.” The timing was not random. Earlier in the year, the Supreme Court decided, in City of Grants Pass v. Johnson, that local governments can criminalize homelessness despite the Eighth Amendment’s bar on cruel and unusual punishment. The Ninth Circuit, in Martin v. Boise, had previously struck down an anti-camping ordinance, reasoning that when there are not enough beds in area shelters, such a law punished the homeless for their very status because humans must sleep somewhere. Grants Pass reversed course and gave local governments a green light to punish the homeless in the hopes of pushing them out of their jurisdiction
Historical Tradition, the Second Amendment, and Marrying Gun Rights and Regulation: Examining the Proposals in Gavin Newsom\u27s Twenty-Eighth Amendment and Their Place in Second Amendment Jurisprudence
Full text linkIn September 2017, Stephen Paddock checked into rooms 32-134 and 32- 135 at the Mandalay Bay Hotel in Las Vegas. Both rooms looked over the Route 91 Festival in Las Vegas Village. Over the course of five days, Paddock brought twenty-two suitcases into his room: five on September 25th, seven on the 26th, two on the 28th, six on the 30th, and two on October 1st. On September 30th, Paddock placed “Do Not Disturb” signs on the doors of rooms 32-134 and 32-135. Paddock considered booking the high level suites for weeks; Google searches from May to September 2017 reveal he researched “summer concerts 2017,” “biggest open air concerts venues in USA,” “Las Vegas high rise condos rent,” and “life is beautiful expected attendance.
One Giant Leap for Monopolies: Spectrum, SpaceX, and the FCC\u27s Public Interest Paradox
No full textRepeated like a drumbeat throughout the Communications Act of 1934 (1934 Act) is Congress’s directive that the Federal Communications Commission (FCC or the agency) act in the “public interest” when regulating interstate and international communications. Efforts to define this imprecise mandate have fueled nearly a century of legislative, judicial, and regulatory debate. While some contend that the genius behind the standard’s inherent vagueness is its far-reaching flexibility, thus allowing the FCC to evolve alongside the ever-changing telecommunications industry, others criticize the legislation as supplying the FCC with a vast mandate to invoke a broad standard that obscures the agency’s mission and sets it up to fail
In The Shadows Of Sovereignty: An Analysis Of The Legality Of The Memorandum Of Understanding Between Ethiopia And Somaliland
Full text linkThis Comment examines the legality of the Memorandum of Understanding (MoU) between Ethiopia and the unrecognized territory of Somaliland. It analyzes whether Somaliland satisfies the criteria for statehood under the Montevideo Convention and argues that the MoU is valid despite Somaliland’s lack of formal recognition. The Comment also evaluates Ethiopia’s obligations under customary international law and its commitments to the United Nations and African Union, addressing concerns about Somalia’s territorial integrity while affirming Somaliland’s right to self-determination. The Comment will begin by providing an overview of Somaliland’s bid for statehood and the strategic motivations behind the MoU. It will then analyze the legal status of Somaliland under international law, Ethiopia’s obligations under existing treaties, and the applicability of customary law in legitimizing the MoU. Finally, the Comment will recommend strategies for resolving potential legal conflicts, including arbitration within the African Union and advocacy for Somaliland’s international recognition to ensure regional stability