Case Western Reserve Journal of International Law

Articles from Vol. 42, No. 3, Winter

A Social Movement for Privacy/against Surveillance? Some Difficulties in Engendering Mass Resistance in a Land of Twitter and Tweets
Despite increased awareness of both privacy and surveillance issues and the forms of resistance frequently generated, little attention has been paid to the failure of issue advocates to spawn a larger pro-privacy/anti-surveillance movement in North...
CCTV and the 2010 Vancouver Games: Spatial Tactics and Political Strategies
This paper is a brief discussion of CCTV surveillance of public demonstrations from a legal geography perspective, looking at CCTV as a spatial tactic. This paper focuses on this issue in the context of the 2010 Winter Games in Vancouver and comments...
Digital Multi-Media and the Limits of Privacy Law
While digital video and multi-media technologies are becoming increasingly prevalent, existing privacy laws tend to focus on text-based personal records. Individuals have little recourse when concerned about infringements of their privacy interests...
International Ice Hockey: Player Poaching and Contract Dispute
Since the 1990's, European hockey leagues have relied on player transfer agreements to govern the movement of contracted players from their European teams to the U.S. National Hockey League (NHL). Player transfer agreements are brokered by the International...
Litigating the State Secrets Privilege
The state secrets privilege raises important separation of powers and institutional competence questions, especially for courts. Congress can statutorily modify this common-law evidentiary privilege, which should facilitate judicial management of civil...
National IDs in a Global World: Surveillance, Security, and Citizenship
New IDs, proliferating around the world, portend a new social and political condition. Not merely a response to post 9/11 anxieties about national security, new IDs are a novel means of governance in a world where surveillance is the dominant organizational...
Privacy and Counter-Terrorism: The Pervasiveness of Data
Computing power and data storage capacity are increasing at an exponential pace. We can now envision systems that will create individual dossiers based upon the electronic trail you leave behind in cyberspace. This sort of "dataveillance" will allow...
Protecting Antiquities and Saving the Universal Museum: A Necessary Compromise between the Conflicting Ideologies of Cultural Property
The debate over ownership of antiquities is not a new conflict. Nationalists insist that all cultural items discovered within the legal borders of a nation belong to that nation and its people. Conversely, internationalists assert that antiquities...
Secretary or General? the U.N. Secretary-General in World Politics & Law and Practice of the United Nations, Documents and Commentary
Secretary or General?: The U.N. Secretary-General in World Politics & Law and Practice of the United Nations, Documents and Commentary This review is dedicated to the memory of Professor Thomas Frank, who has profoundly influenced the publication...
The Definition of the Crime of Aggression: Lessons Not-Learned
Since the establishment of the League of Nations, the international community has sought to provide a legal definition of aggression in international law. These efforts partly succeed with the adoption of General Assembly Resolution 3314 and with the...
Unlimited Power: Why the President's (Warrantless) Surveillance Program Is Unconstitutional
In this essay, Professor Ku explores the constitutionality of the President's Surveillance Program (PSP), and critiques the Bush Administration's legal explanations supporting warrantless surveillance. Defenders of the program have relied upon the...
Using WTO Countervailing Duty Law to Combat Illegally Subsidized Chinese Enterprises Operating in a Nonmarket-Economy: Deciphering the Writing on the Wall
The complications that will arise under WTO countervailing duty law if the U.S. launches countervailing duties against China for illegally subsidizing nonmarket-economy enterprises are overlooked and gravely problematic. Although the WTO's countervailing...
Washington and CCTV: It's 2010, Not Nineteen Eighty-Four
Washington, D.C.'s Closed Circuit Television (CCTV) program and the role it plays in homeland security and law enforcement can inform other jurisdictions in their development of CCTV policies and implementation. Examining both the process by which...