Note

Volume 31 - Issue 2

The Wall on Trade: Reconsidering the Boundary of Section 232 Authority under the Trade Expansion Act of 1962

Mid Continent Nail, the largest nail manufacturer in the heartland of the United States, has laid off 150 of its 500 employees since June 2018. In August 2018, Harley-Davidson, “a true American icon, one of the greats”—according to President Donald Trump—announced that it would have to shift some production from the United States to other countries, such as Brazil, India, and Thailand. In November 2018, General Motors (“GM”), another highly recognized U.S. company, announced that it would halt production at five North American plants and lay off fifteen percent of its salaried and contract workforce, which totaled nearly 15,000 people.

Continue Reading

Ebola and Emerging Infectious Diseases in Armed Conflict: Contemporary Challenges in Global Health Security Laws and Policies

The threat of pandemic infectious disease is not a new phenomenon in the world. However, since the end of the Cold War and the beginning of the 21st century, outbreaks of emerging infectious diseases (“EIDs”) threaten the health and safety of citizens all over the world. Globalization has added significant challenges to global health security, including the global movement of people and goods that may carry infectious agents and the increased use of electronic communications which can contribute to unnecessary panic, further complicating outbreak management

Continue Reading

Romani Women’s Right to Water: Bringing Intersectional Discrimination Claims in the E.U.

“Water, water every where, nor any drop to drink.” Coleridge’s famous words reflected the situation of sailors on a ship, but the words hold true for the situation of many on land today. 2.1 billion people lack access to safe drinking water at home, and by 2025, half of the world will live in a water-stressed area. While the mind may more readily think of deserts, sixty-two million people lack access to adequate sanitation and drinking water sources in Europe. Europe’s largest minority— Roma—are disproportionately impacted regarding access to water.

Continue Reading

Studying Abroad: Foreign Legislative Responses to Mass Shootings and Their Viability in the United States

As difficult as they are to relive, the horrors of Newtown, Orlando, Las Vegas, and Parkland conceal a horrifying truth: mass shootings—incidents in which four or more individuals are shot and killed (not including the shooter)—are on the rise in the United States. They are occurring more frequently and have become more deadly. Yet following each unspeakable tragedy, as cries for reform grow increasingly shrill, gun sales rise and legislatures stonewall.

Continue Reading

The Case for Transitional Justice: Transparency, Undemocratic Institutions, and the Legitimacy Problem in American Prisons

In July 2014, Ramon Fabian entered the Ulster Correction Facility in upstate New York as an inmate. Less than a week later, Fabian had one of his testicles surgically removed because of damage resulting from a beating administered by a prison guard, Michael Bukowski. Bukowski beat Fabian as punishment for talking during the morning head count. After the headcount ended, Bukowski took Fabian to an isolated part of the prison. There were no cameras and no fellow inmates. There, he ordered Fabian to face the wall, stretch out his arms, and spread his legs, which is commonly known as a frisk position. Bukowski then kicked Fabian between the legs, with such force that his testicle ruptured, and he had to crawl back to his cell. Bukowski then left Fabian in his cell. It was not until later, when Fabian reported to the mess hall, that a different prison guard sent him to the medical unit, and eventually to the hospital for surgery.

Continue Reading

Consociationalism: A Constitutional Solution for Ethnic Tension and Violence in South Sudan

Consociationalism, a theory based around power-sharing mechanisms for different ethnic groups, is a key component of many modern solutions to ethnic-based conflict. Consociationalism is a theory aimed to reorient Western policy away from its preference for majoritarian solutions to end ethnic conflicts. Instead, Arend Lijphart, the promulgater of consociationalist theory, urged policy makers to recognize the value of ethnic identities. Lijphart asserted that a recognition of the complexities of ethnic tensions would allow policy makers to create governments that could alleviate, if not eliminate, ethnic tensions by creating ethnic-based governments. Consociationalism provides a path for countries suffering from ethnic conflict, like South Sudan, to return to political stability.

Continue Reading