Tulane University Journal Publishing
Not a member yet
2980 research outputs found
Sort by
A Cluttered Exchange of Cluster Munitions: A Comparative Examination of Russian and American Application and Shipment of the Weapons
Full text link Few weapons in human history have drawn as much ire, controversy, and international outcry as cluster munitions. The international community has uniquely cracked down on cluster bombs via treaties barring their production, use, and shipment. Despite the stigma against their use, the Russian invasion of Ukraine has seen renewed controversy and created a legal quagmire over their use from both the United States and Russian Federation. Within the United States, proponents of sending cluster munitions have asserted they are vital to assisting Ukraine in its defensive war against Russia’s invasion. In contrast, opponents assert cluster munitions are marred with ethical and humanitarian problems that will haunt Ukraine for decades to come. Regardless of how the international community, American electorate, or policymakers in Washington feel, cluster bombs will continue to be utilized in the ongoing war in Ukraine
Global Superpowers v. Tech Superpowers: A Comparative Analysis of Digital Competition Law in Notable Jurisdictions
Full text link Since the creation and expansion of the internet, much has been written about the rapid ascension to power of the so-called “Tech Giants,” most notably Alphabet (Google), Meta (Facebook), Amazon, Microsoft, and Apple. In fact, each of these companies is above the $1 trillion dollar mark in market capitalization as of 2024, with only one other publicly traded company achieving this level. Most scholars focus on these companies’ social and political power, especially their effects on the political zeitgeist, free speech, the psychology of the population, and the negative effects of their vast economic power. There have also been growing concerns among scholars regarding the anti-competitive implications of increased concentration of market power online. Sixty percent of Americans echo this sentiment, agreeing that the aforementioned Tech Giants have “too much power in the market.
Who Makes the Call? Physician Fears and Abortion Access Post-Dobbs
Full text linkFollowing the Supreme Court’s Dobbs v. Jackson Women’s Health Organization ruling in 2022, Texas was one of several states where previously passed abortion bans were triggered to become immediately enforceable. The restrictions placed on physicians were both vague and harsh, with the conditions for medical exceptions unclear and the potential punishments strict. Damla Karsan, a Houston-based obstetrician-gynecologist, sought to push back against the laws that restricted her ability to provide care and force the state to set legal precedent for medical exceptions to the bans. When Kate Cox, a woman facing severe pregnancy complications and desperately seeking an abortion, came to her, Karsan was faced with a question: with the risks so high for Karsan’s freedom if she performed an abortion and so high for her patient’s health if she didn’t, where would she draw the line? What was she willing to risk to set precedents for her patients and colleagues
A French Émigré and The Ideological Origins of Louisiana
Full text link"A French Émigré and the Ideological Origins of Louisiana" is an intellectual biography of a prominent citizen in early Louisiana, Étienne Mazureau, to whom little historical attention has been bestowed. The paper commences with a chapter on racial attitudes in antebellum New Orleans, stemming from Mazureau\u27s interview with Alexis de Tocqueville and analyses the influence of the Haitian Revolution in New Orleans. Additionally, the essay includes a chapter on affairs of honor which Mazureau crusaded against. Finally, the conclusion highlights ethnic tensions in early Louisiana and states that further research should analyze Mazureau’s, and other French lawyers’, impact on Louisiana law
Dysphoria of Adequate Care: Health Care of Incarcerated Transgender Individuals in American Prisons and Courts
Full text linkWalking the Line of Legitimate Interpretation: The Inter-American Court of Human Rights’ Holistic Approach to Its Lex Specialis
Full text link In this Article, I examine the main arguments advanced by a vocal chorus of state actors and legal scholars who question the interpretative legitimacy and, as a result, criticize the authority of one of the most successful international human rights courts, the Inter-American Court of Human Rights, to read and interpret the American Convention on Human Rights in the manner that it does. Because the main contestations are variations of an argument related to the Court’s duty to provide a consistent, authoritative, and valid interpretation of treaties, I refine the argument to convey the widely accepted idea that, in order to ensure authority and normative compliance with its decisions, the IACtHR must read the American Convention rationally, using basic interpretative norms and adhering to the 1969 Vienna Convention on the Law of Treaties’ standard of interpretation. To determine whether the Court typically adheres to the aforementioned criteria, the Article focuses on the variables and characteristics that contribute to the Court’s interpretative authority and legitimacy, and also on the Court’s interpretive strategies and explanations for their usage. The methodology used to develop this analysis is mostly empirical, with a focus on case law when considering the analytical framework provided by scholarship
