Indiana international and comparative law review最新文献

{"title":"Did Indiana Deliver in its Fight Against Human Trafficking?: A Comparative Analysis Between Indiana's Human Trafficking Laws and the International Legal Framework","authors":"May Li","doi":"10.18060/17880","DOIUrl":"https://doi.org/10.18060/17880","url":null,"abstract":"","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128441018","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Providing a Pathway to Asylum: Re-Interpreting \"Social Group\" to Include Gender","authors":"A. Heitz","doi":"10.18060/17878","DOIUrl":"https://doi.org/10.18060/17878","url":null,"abstract":"","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126552423","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Should the United States Intervene in International Conflicts: Why, When, and How?","authors":"Edieth Y. Wu","doi":"10.18060/17876","DOIUrl":"https://doi.org/10.18060/17876","url":null,"abstract":"This comment analyzes the state of international interventions that are often couched in terms of protecting humanity, specifically the civilian population of a state.2 In many instances, interventions are undertaken as a result of internal conflict, which is generally the impetus for regime change. The global community is concerned not only about intervention but also failure to intervene, which often leads to critiques about the underlying rationale and effects of either decision. These concerns are couched under various rubrics, but the \"rule of law\" is often cited as a guiding light that determines the rights and duties based on: customary international law, treaty law, jus cogens3 concepts, and the evolving nature of international law.4 The questions often come to, are we our brothers' and sisters' keepers?5 The legal and moral bases for intervention are inherently part of","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"96 44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129329452","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"To the Rescue: Liability in Negligence for Third Party Criminal Acts in the United States and Australia","authors":"Stephen Tuck","doi":"10.18060/17877","DOIUrl":"https://doi.org/10.18060/17877","url":null,"abstract":"","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"104 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128039522","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Head Out of the Clouds: What the United States May Learn from the European Union's Treatment of Data in the Cloud","authors":"J. Gerber","doi":"10.18060/17879","DOIUrl":"https://doi.org/10.18060/17879","url":null,"abstract":"\"Every cloud has its silver lining but it is sometimes a little dfficult to get it to the mint. \" An attorney is awakened at 3:00 a.m. by a phone call from police. There has been a break-in at his firm, and a laptop filled with hundreds of client files containing sensitive data of payment records, client addresses and phone numbers, and trial strategies was stolen. Fortunately, the attorney has back-up files, knows what is missing, and who potentially has been affected. Later that morning, the hundreds of clients who have sought confidential advice from that attorney are alerted that their information has been stolen. It is a nightmare for many of the firm's attorneys, but the physical evidence immediately alerted the staff that there had been a security breach, and the office was able to respond to the situation quickly and effectively. The attorney decides that the solution to preventing the risk of having sensitive data stolen off the hardware from the office is to move all client data \"to the cloud.\" Only those with authority would be able to access the data on the remote server, so even if a laptop were to go missing, nothing would be compromised. The problem, though, is that there may not be the same physical evidence of a breach, and an attorney or client may never know of a security threat because the information is stored on a remote server. The paradox of moving to the cloud is that personal data is, in many ways, more secure and less secure than it has ever been. Cloud computing has been growing in size and momentum in informational technology's collective conscience ever since the phrase was first used in its current context in 1997.2 The concept itself, though, is not really new, dating back at least to the 1960s. The name derived from telecommunication companies who changed their services from point-topoint circuits to Virtual Private Networks in the 1990s, and subsequently","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115407075","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"An Environmentally Hazardous Process: Why the United States Should Follow France's Lead and Ban Hydraulic Fracturing","authors":"Morgan R. Whitacre","doi":"10.18060/17881","DOIUrl":"https://doi.org/10.18060/17881","url":null,"abstract":"The process known today as hydraulic fracturing (\"fracking,\" \"hydrofracing,\" or \"fracing\") began as early as the 1940s.' Essentially, the fracking process was developed as a way for gas and oil companies to \"extract hydrocarbons from 'low-permeability reservoirs,' or natural underground gas chambers that require massive amounts of hydraulic stimulation to recover cost-effective amount[s] of gas and/or oil.\"2 The process of fracking involves several steps. First, a deep well (up to 8,000 feet)3 is drilled into the earth at a location deemed by a company to have substantial amounts of oil or gas located in the shale of the underlying crust.4 Second, a combination of millions of gallons of water, sand,5 and highly pressurized fluids and solvents are injected into the well where the fracturing site is located. There, the chemicals and fluids are discharged at great speeds towards a subterranean reservoir.7 The fluid combination is injected against the underground well until at least one fracture appears in the surface of the earth or an existing fracture widens.8 After the fractures are created or widened, sand is injected into the seams of the fracture to ensure that the cracks remain open during the extraction process.9 This","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123374863","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Dynamic Last-in-Time Rule","authors":"Emily S. Bremer","doi":"10.18060/17666","DOIUrl":"https://doi.org/10.18060/17666","url":null,"abstract":"For more than a decade, controversy has raged over whether and when a U.S. state’s execution of a convicted foreign national can be delayed by an International Court of Justice (ICJ) judgment under the Vienna Convention on Consular Relations (Vienna Convention). On several occasions — most recently on July 7, 2011 — the Supreme Court has declined to stay such an execution, even though the foreign national was convicted without being informed of his rights under the Vienna Convention. One doctrine raised to bar enforcement of the ICJ judgment was the last-in-time rule, which provides that when a statute and treaty conflict, the most recent instrument governs. A 2004 ICJ judgment held that the United States had violated the Vienna Convention rights of fifty-one Mexican nationals and further decreed that U.S. courts should remedy the violations by reconsidering those nationals’ convictions. Such relief would have been barred, however, by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), a statute enacted after the 1969 ratification of the Vienna Convention, but before the 2004 ICJ judgment. The Supreme Court suggested, though it did not conclusively decide, that AEDPA would trump the Vienna Convention under the last-in-time rule. In the Court’s analysis, the Executive’s decision to submit to the jurisdiction of the ICJ in the proceedings resulting in the 2004 judgment was legally irrelevant. This Article argues that the Supreme Court’s suggestion is incorrect — the Executive’s decision to submit a dispute to an international tribunal under a valid treaty regime is a legally cognizable expression of the “dynamic” sovereign will. To establish this “dynamic last-in-time rule,” this Article analyzes the constitutional interests underlying the last-in-time rule, and related doctrines for interpreting and enforcing treaties. It then demonstrates that the dynamic last-in-time rule serves those interests better than its traditional, static counterpart. In the context of a conflict under a dynamic treaty regime, the Executive’s submission to international jurisdiction should trump previously enacted statutes. The result is greater fidelity to both constitutional principle and international obligation.","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130388209","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Global Green: Why a Global Diesel Regulation for Mobile Sources Might be a Good Idea","authors":"Joseph E. Sawin","doi":"10.18060/17868","DOIUrl":"https://doi.org/10.18060/17868","url":null,"abstract":"Air pollution knows no borders.' Prevailing winds have been found to carry particulates from Asian sources across the Pacific Ocean to the western United States, and likewise, from eastern U.S. sources across the Atlantic to Europe. 2 A primary source of this air pollution is diesel exhaust emissions. 3 Diesel exhaust emitted from mobile sources creates health and environmental concerns because it contains both particulate matter and gases that contribute to ozone (a component of smog), acid rain, and global climate change.4 According to the United States Environmental Protection Agency (EPA), particulate matter alone causes 15,000 premature deaths each year in the United States.5 Generally, regulated diesel exhaust emission gases include nitrous oxides (NOx), hydrocarbons (HG), carbon monoxide (CO), and particulate matter (PM). 6 Beginning in 2014 the EPA will regulate an additional gas, carbon dioxide (CO2), a common greenhouse gas found in the exhaust of hydrocarbonburning combustion systems such as diesel engines.7 Although air pollution travels internationally, global diesel engine and","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131067792","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Keeping Secrets: A Constitutional Examination of Encryption Regulation in the United States and India","authors":"S. Brady","doi":"10.18060/17865","DOIUrl":"https://doi.org/10.18060/17865","url":null,"abstract":"In July 2010 the Indian Ministry of Telecommunications revived a standing threat to ban BlackBerry services within the country.' Concerned that the BlackBerry messaging system could serve as a method of communication for dissidents, the Ministry demanded that mobile phone developer Research in Motion (RIM) provide government officials with access to encrypted corporate emails.2 India's Ministry of Home Affairs and the Department of Telecommunications threatened, \"If they don't follow our guidelines, we will have no option but to ask them to stop their operations in India.\"3 \"[RIM has] so far denied data on the excuse of encryption.\" The July threat was predicated upon a series of terrorist attacks that occurred in India two years prior.5 In 2008 Lashkar-e-Taiba, a Pakistan-based militant organization, executed violent terror attacks in Mumbai, India, leaving at least 173 people dead and hundreds more wounded.6 \"Mobile phones, including BlackBerry smartphones ... were used to coordinate the assault. ', 7 The horrific Mumbai attacks confirmed apprehensions expressed by India's security services more than a year before the assault.8 Indian officials had long been lobbying against the BlackBerry smartphone, claiming \"that criminals, militants, and terrorists could use BlackBerrys to send encrypted messages[, which government] agencies could neither intercept, trace, nor decode.\" 9 The","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"64 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126898515","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Culture of Law: Understanding the Influence of Legal Tradition on Transitional Justice in Post-Conflict Societies","authors":"Dana Zartner","doi":"10.18060/17864","DOIUrl":"https://doi.org/10.18060/17864","url":null,"abstract":"When discussing issues of transitional justice, it is easy for those steeped in the Western tradition to assume that the best form ofjustice in the aftermath of a crisis is a trial before a judge and punishment handed down by a court according to the law. Our cultural understandings of law and the role that law and legal institutions play in the judicial process and punishment of one's peer are centered on formal proceedings and a decision as to whether an individual is guilty or innocent. This belief in, and reliance on, the court system is something which stems from our own legal cultural and experience with the law. Western legal traditions such as the common law and civil law are based on well-defined judicial institutions, written law, and the presence of legal professionals to determine what is the appropriate punishment in any situation. Not all legal traditions are grounded in these same understandings of the law and the role of law in society. There are other legal traditions in the world, where the focus has historically centered on rebuilding community harmony and trust, or reconciling the opposing parties in a conflict to restore balance. Some of these legal traditions find the basis for the laws and concepts ofjustice in religious principles,2 and some find it in longstanding customs of the community. 3 In many of these communities, these traditional views of the law and justice have been mixed over time with Western, more institutionalized forms of law.4 Even in those states, however, it is often the case that society still perceives law and justice in the traditional manner of the community rather than in the Western notion of arrest, trial, and punishment for the individual. Given the importance of legal tradition in shaping cultural perceptions about justice, this Article seeks to better understand this relationship through a study of the legal traditions of communities that have experienced conflict and","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130328466","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}