E. Supp. 2013

Cohabiting With the Accused: The Formal Limits of Spousal Privilege Affirmed in Van Der Heijden v. Netherlands

Abstract: In the wake of Europe’s evolving social landscape of family life, the European Court of Human Rights’ (ECtHR) decision in Van der Heijden v. Netherlands sheds light on the scope of spousal privilege. The ECtHR found that the Netherlands’ interference in Van der Heijden’s nontraditional family life did not violate her Article 8 right […]

Read More :: View PDF

V.C. v. Slovaki: A Reproductive Rights Victory Misses the Mark

Abstract: In V.C. v. Slovakia, the European Court of Human Rights (ECtHR) should have held that Slovakia’s intentional, systematic policy of coerced sterilization of Roma women violated the discrimination provision of the Convention for the Protection of Human Rights and Fundamental Freedoms. The ECtHR, however, is reluctant to find Article 14 discrimination violations unless the […]

Read More :: View PDF

Scoppola v. Italy (No. 3): The Uncertain Progress of Prisoner Voting Rights in Europe

Abstract: This Comment examines European disenfranchisement of prisoners in light of the European Convention on Human Rights, which guarantees a right to free elections through Article 3 of Protocol No. 1. While many European states continue the longstanding practice of denying wrongdoers the right to vote, at least under certain circumstances, this practice has come […]

Read More :: View PDF

Case of S.H. And Others v. Austria: Practical Concern Over Individual Rights

Abstract: The European Court of Human Rights upheld the constitutionality of the Austrian Artificial Procreation Act in November 2011. The Court decided the case on procedural grounds, claiming that the wide margin of appreciation given to European Union member states when there is no consensus within the EU on an issue. In doing so, the […]

Read More :: View PDF

Meaningful Journalism or “Infotainment”? The Failure to Define the Public Interest in Axel Springer Ag v. Germany

Abstract: Although American courts provide wide discretion for freedom of the press, the Convention for the Protection of Human Rights and Fundamental Freedoms ensures that the right to privacy enjoys equal footing with freedom of expression in Europe. When navigating the grey areas between these two frequently opposing rights, the European Court of Human Rights […]

Read More :: View PDF

United States v. Dire: Somali Pirates, and the Fourth Circuit’s Choice to Apply an Evolving “Law Of Nations” to the Problem

Abstract: Maritime piracy poses a grave threat to global shipping. In the United States, federal law criminalizes piracy as defined by international law, or the law of nations. Recently, in United States v. Dire, the Fourth Circuit Court of Appeals interpreted the law of nations surrounding piracy. Dire concerned the conviction of five Somali nationals […]

Read More :: View PDF

Prosecutor v. Taylor: Implications for Bashar Al-Assad

Abstract: Charles Taylor was the first sitting head of state to be indicted, tried, and convicted by an international criminal tribunal, the Special Court for Sierra Leone. This comment explores the procedural and structural similarities between the Special Court for Sierra Leone and the International Criminal Court. This comment then compares the evidence used to […]

Read More :: View PDF

The Beijing Treaty on Audiovisual Performances: How Stopping Digital Piracy May Cost the World Free Expression

Abstract:  ADVANCE \r  5.5 The Beijing Treaty on Audiovisual Performances grants, for the first time, international rights to performers to protect their work in an audiovisual medium. This is a step forward in protecting audiovisual media from international piracy or infringement, but comes at a cost. While performers’ economic rights are kept in check by […]

Read More :: View PDF

The Expense of Expansion: Judicial Innovation at the Special Tribunal for Lebanon

Abstract: The Special Tribunal for Lebanon (STL) is a hybrid international tribunal tasked with prosecuting and punishing those responsible for the 2005 bombing that killed former Lebanese Prime Minister Rafik Hariri. As the first international tribunal to try purely domestic crimes, the STL is a unique judicial body that employs a number of novel procedures. […]

Read More :: View PDF