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ILJ Online is the online component of Fordham International Law Journal.

How the European Union’s General Data Protection Regulation Affects Pretrial Discovery Practices in US Federal Courts
How the European Union’s General Data Protection Regulation Affects Pretrial Discovery Practices in US Federal Courts

The European Union's General Data Protection Regulation (GDPR) is a comprehensive and far-reaching data privacy statute that covers all entities collecting and processing data in Europe. The GDPR prohibits those entities from unlawfully transferring that data to third parties, even in connection with a litigation in a United States court. Volume XLVII staff member Matthew Classi characterizes the dilemma US federal courts face in compelling litigants to produce European-sourced data in pretrial discovery, potentially exposing them to significant liability.

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BlogFordham ILJMatthew Classi
The United States Has Declared the Boundaries of Its Extended Continental Shelf: What Comes Next?
The United States Has Declared the Boundaries of Its Extended Continental Shelf: What Comes Next?

In December, 2023, the United States announced the boundaries of its extended continental shelf (ECS), which represents the outermost maritime zone over which it exercises sovereignty. The United States, however, is not a party to the U.N. Convention on the Law of the Sea (UNCLOS), the major treaty regime governing the law of state territorial waters. As a result, it's unilateral declaration raises a number of questions including the status of its extended continental shelf boundaries under customary international law and treaty law and whether as a non-signatory party, the United States's ECS boundaries can receive binding finality under UNCLOS. This post explores theses outstanding questions following the United State's announcement.

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BlogFordham ILJMatt Salavitch
Lessons From Across the Pond: Incorporating "Mandatory Yet Flexible" Solidarity into United States Immigration Policy
Lessons From Across the Pond: Incorporating "Mandatory Yet Flexible" Solidarity into United States Immigration Policy

The United States faces a significant challenge with the increasing complexity of migratory pressures at its borders. Volume XLVII staff editor Avery Bell discusses how the United States might improve its immigration policies by learning from the European Union's approach. The post explores how a "mandatory yet flexible" system could relieve pressure on border states and enhance overall immigration management.

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BlogFordham ILJAvery Bell
Hostile Audiences and the First Amendment: How Far Must The Violence Go Before Allowing A Heckler's Veto
Hostile Audiences and the First Amendment: How Far Must The Violence Go Before Allowing A Heckler's Veto

Given the First Amendment's unequivocal free speech clause, how far states and public entities must go to protect speakers' rights is more unclear than one would think. Here, Volume XLVII staff editor M. Mendel Pinson compares the law in the United States to a similar framework in the United Kingdom, which provides the state far more leeway to abridge the expression of all speakers in another hostile audience context.

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BlogFordham ILJM. Mendel Pinson
Implications of the Extradition of Julian Assange in Treaty Interpretation Under International Law
Implications of the Extradition of Julian Assange in Treaty Interpretation Under International Law

The extradition of Julian Assange from the U.K. to the U.S. for espionage charges has sparked worldwide debate on the implications such an extradition will have on free speech and treaty interpretation. Volume XLVII staff editor Olivia Miles argues that a refusal to apply the political offense exception enumerated in art. 4 of the 2003 U.S.-U.K. Extradition Treaty to the Assange case would be a drastic departure from Anglo-American Common Law interpretations of the political offense exception clause that is customarily incorporated in extradition treaties, having a devastating impact on both journalistic inquiry into government affairs and the U.S.'s capacity to enter into stable, foreign relations.

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BlogFordham ILJOlivia Miles
Global Cryptocurrency Regulation: Operating Beyond Government Control But Within Undefined Bounds
Global Cryptocurrency Regulation: Operating Beyond Government Control But Within Undefined Bounds

The international demand for clearer policies on crypto has gained support. Volume XLVII staff editor Mariah Patuel argues that a comprehensive, uniform legal foundation creating a clear regulatory framework offers the opportunity for effective and continued growth of the cryptocurrency market, protecting investors, global economies, and the industry itself.

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BlogFordham ILJMariah Patuel
How Portugal’s Drug Laws Succeeded and What the United States Can Learn from Them
How Portugal’s Drug Laws Succeeded and What the United States Can Learn from Them

In the late 1990’s and early 2000’s, both the U.S. and Portugal struggled with widespread opioid addiction. While the U.S. enacted harsh criminal sanctions for drug offenders, Portugal approached the problem through a public health lens and, in 2001, decriminalized the possession of most illicit drugs. Portugal also enacted laws that increased the amount and availability of treatment across the country. Portugal’s decriminalization laws drastically reduced the number of drug related deaths per year and is widely viewed as a success. Conversely, the number of drug related deaths and people incarcerated for drug related offenses have both risen in the U.S. Volume XLVII staff editor Tamar Leff argues that the U.S. should move towards Portugal’s model of decriminalization and approach the opiate crisis as a public health crisis instead of a criminal justice one.

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BlogFordham ILJTamar Leff
A More Equal Path: Marriage Equality in Peru as a Method to Achieve De Soto’s Theories of Legal and Economic Harmony
A More Equal Path: Marriage Equality in Peru as a Method to Achieve De Soto’s Theories of Legal and Economic Harmony

In Peru, same-gender couples are still denied access to legal marriages and the property rights that come with forming such a union. This exclusion of formal legal benefits for certain community members results in economic friction for the country. Using Hernando de Soto's popular theory of economic development, Colbey Carpenter makes the case for marriage equality in Peru to avoid economic waste and allow for greater national investment.

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BlogFordham ILJColbey Carpenter
Comparing United States Data Privacy Protection to the World-Renowned GDPR
Comparing United States Data Privacy Protection to the World-Renowned GDPR

As human dependence on technology continues to grow, so does the need for robust data privacy protections. Yet, America drastically lags behind in this area. Volume XLVII staff editor, Alexis Saulny, compares US data privacy law to the exemplary regulation in the area, the European Union's GDPR. Saulny argues that there has been a recent political nod to a need for federal data privacy protection, but nonetheless, Americans' data is far from safe and secure.

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BlogFordham ILJAlexis Saulny
Russia's War in Ukraine Shakes Up The Status Quo in The Global Energy Market
Russia's War in Ukraine Shakes Up The Status Quo in The Global Energy Market

Before its 2022 invasion of Ukraine, Russia was the source of much of Europe's energy needs. Now, Europe is looking for new suppliers to fill the void. Norway and the United States have stepped up to provide large amounts of natural gas as Russia becomes an increasingly unreliable supply line. Volume XLVII staff editor William Brody explores the implications of the Russian energy void for a still gas-reliant Europe. This post discusses how the United States is grappling with this new opportunity and what it means for American energy policy.

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BlogFordham ILJWilliam Brody
Anonyma Vittnen: A Paradigmatic Shift in Swedish Criminal Procedure
Anonyma Vittnen: A Paradigmatic Shift in Swedish Criminal Procedure

In recent years, Sweden has experienced an alarming growth in violent crime. Long considered a bastion of liberal democracy, the Scandinavian country now faces increasing pressure to bring violent criminals to justice -- but there's just one catch: witnesses are too scared to testify against the perpetrators. In light of witness' fear of retribution, Sweden is now considering introducing the concept of "anonyma vittnen," or "anonymous witnesses," which would allow witnesses to testify anonymously against an accused. As the implementation date for "anonyma vittnen" approaches, Volume XLVII staffer Ceilidh Meagher argues that although well-meaning, the concept of anonymous witnesses neglects Swedish constitutional considerations inherent in a fair criminal procedural process. Whether the program is successful is yet to be seen, but the program is already stirring controversy in the Swedish legal community.

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BlogFordham ILJCeilidh Meagher
Bridging a Gap in the Fight Against Italian Organized Crime: A Comparative Analysis of RICO and 416-bis
Bridging a Gap in the Fight Against Italian Organized Crime: A Comparative Analysis of RICO and 416-bis

Organized crime has continued to pose complex legal challenges in both the United States and Italy. After the passage of landmark anti-Mafia legislation in both countries, prosecutors have tried to work through a novel set of tools to dismantle groups like the Mafia. However in spite of this, Italy still continues to struggle in its efforts to bring down these groups. Volume XLVII staff member Vincenzo Guido argues that Italy should look to the United States' RICO Act for a potential roadmap to bridging the gap in Italian organized crime law and explores how certain parts of existing statutes can better address the evolving nature of Mafia-type entities in Italy.

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BlogFordham ILJVincenzo Guido
Global Transgender Solidarity: Legal Name Changes in Ireland and New York
Global Transgender Solidarity: Legal Name Changes in Ireland and New York

The legal name change process seems like a granular, local legal process, but Volume XLV staff editor Grey Berkowitz argues that a comparison of Ireland and New York's name change processes yields opportunities for global trans solidarity. This post examines legal name applicants' struggles with proof of identification requirements and the practice of signed affirmations.

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BlogFordham ILJGrey Berkowitz
Geopolitics on the Podium: Olympism, Political Neutrality, and the IOC’s Bold Stand Against Russia
Geopolitics on the Podium: Olympism, Political Neutrality, and the IOC’s Bold Stand Against Russia

In the lead-up to the 2024 Paris Olympic Games, the International Olympic Committee (IOC) made headlines with its decision to bar Russian athletes from competing under their national flag. Volume XLVII Staff Editor Brendan Murphy examines the decision and its delineation of the intricate interplay between international law, geopolitical conflict, and the world of sports. The post investigates the IOC's unique platform within the international community, questions the organization’s selective commitment to its own founding principle of political neutrality, and highlights the implications of an Olympic Movement where global politics and athletic competition intersect.

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BlogFordham ILJBrendan Murphy
Promise or Peril: Comparing P2P Lending Regulations in the United States and China
Promise or Peril: Comparing P2P Lending Regulations in the United States and China

Peer-to-peer (P2P) lending is seen as an instrument for financial inclusion by expanding credit access, particularly in developing nations. The industry gained prominence in the global economy in the aftermath of the 2008 financial crisis. However, as the industry matured, the inherent risks and regulatory challenges became increasingly apparent. A comparison between the regulatory approaches of China and those of the United States suggests a robust financial regulatory infrastructure is essential for industry stability.

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BlogFordham ILJYumi Qiu
China's Biotech Regulatory Transition: Responding to the CRISPR Backlash
China's Biotech Regulatory Transition: Responding to the CRISPR Backlash

Prior to the 2018 CRISPR controversy involving the genetically modified twins, China's biotech regulations lagged behind the swift progress in the sector. Faced with international criticism following the incident, China overhauled its strategy by incorporating genetic research protocols into the Civil Code, establishing the National Science and Technology Ethics Committee, and enhancing regulations on human gene and embryo experimentation. Volume XLVII staff editor Vivikth Vemula contends that while these changes align China more with Western perspectives on genome editing, their true efficacy is yet to be seen. This post explores the comprehensive overhaul and adjustments made to China's biotechnology regulatory regime, particularly focusing on human genome editing.

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BlogFordham ILJVivikth Vemula
Recouping the Price of Independence - Evaluating a Haitian Claim of Reparations From France
Recouping the Price of Independence - Evaluating a Haitian Claim of Reparations From France

In 1804, Haiti became the first colonial where slaves successfully revolted against their former enslavers. However, independence came at a steep price when the French government forced Haiti to indemnify French landowners for their lost property and former slaves. Over two hundred years later, Haiti remains one of the most impoverished nations in the world, partially due to the fact that it paid the majority of its national revenue to independence-related debts until 1948. Volume XLV staff editor Nell Fitzgerald argues that France owes Haiti reparations for forcing the young nation into an illegal contract. This post explores a potential Haitian claim of unjust enrichment against France.

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BlogFordham ILJNell Fitzgerald
America Second?: The Need for Global Collaboration in the Regulation of AI
America Second?: The Need for Global Collaboration in the Regulation of AI

After the passage of AI regulation in the European Union, there is pressure on Congress to pass legislation that will make the United States a leader in AI while simultaneously providing leeway for innovation. Steven McFarland argues that the EU has provided a significant framework for the United States to emulate and proposes a way that the United States could lead in regulating the use of AI for military purposes.

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BlogFordham ILJSteven McFarland