Current Issue

Volume 30, Issue 1 (Fall 2022)

Prefatory Matter

Front Matter and Table of Contents

Masthead

Articles

From The Vatican With Cash: Prosecuting Money Laundering In London Real Estate
Jane Tien

It is no news that donations from the Catholic faithful reemerge from the dark underground of Church finances as lace vestments, embroidered mitres, velvet slippers, and posh mansions. A year after Pope Francis announced the overhaul of the Vatican’s antimoney laundering (AML) laws, a makeshift courtroom in the Vatican Museum witnessed the largest criminal trial in the Vatican’s modern history. At the center was Cardinal Angelo Becciu—the former No. 3 in the Vatican—for allegedly defrauding the Vatican’s investment in London real estate. After the tumbrels, now comes the reckoning: How could the Vatican mend a broken system and effectively tackle money laundering in real estate?

Death Sentences In The Great Qing, 1744-1840: Critical Note On Civilization In Comparison With England And Wales
Moulin Xiong and Ren Liu

Over the last centuries, the view on the death penalty in Qing China has been distorted, presenting a picture of abusive brutality and excessive cruelty, and thus was used as the critical pretext to establish immune extraterritorial jurisdictions. Nevertheless, the existing comments are more literary embellishments without empirical evidence, and few comparative and historical perspectives have been utilized to clarify the truth. In this study, we mined annual death sentence numerical data for the period 1744 to 1840 from official archives and literatures, deciphering the capital crimes in detail and ascertaining the longitudinal trend with population statistics. To reassess the profile of capital law and justice, we carefully reviewed the previous literatures and conducted a comparative analysis of key aspects in Qing China and in England and Wales.

Beyond The Corporate Responsibility To Respect Human Rights In The Dawn Of A Metaverse
Kuzi Charamba

This note analyzes the legal mechanisms in the United States that provide compensation for vaccine injuries sustained as a result of inoculation against pandemic viruses when a public health emergency has been declared. While the United States has an every-day compensation scheme that deters litigation by providing just compensation yet upholds the right of injured parties to seek damages in court, it has a special compensation scheme applicable to vaccines developed to address public health emergencies that bars litigation by effectively providing vaccine manufactures with complete indemnification and severely restricts the ability of injured parties to receive compensation. Meanwhile, in contracting with pharmaceutical companies to provide advance purchase orders for forthcoming vaccines, other countries, the European Union, and the intergovernmental organization COVAX have managed to negotiate agreements that provide vaccine manufactures with some measure of liability protections while still maintaining the ability for consumers to take their claims to court in the event of a vaccine injury.

Student Notes

Foreclosing Asylum: “Neo-Refoulement” and the Ripple Effects of U.S. Interdiction at Sea
Edgar Cruz

This Note argues that U.S. interdiction of asylum seekers at sea and the Migrant Protection Protocols (MPP) program undermine the object and purpose of international refugee law. The U.S. Government uses both practices to evade its international obligation of non-refoulement, or non-return. Such practices unjustly restrict access to asylum in the U.S. These policies can be characterized as tools of “neo-refoulement.” Neo-refoulement is a strategy used to foreclose the possibility of asylum. It allows States parties to the 1951 Refugee Convention to evade their international obligation to refrain from returning people to places where they may be at risk of harm. Section I provides a brief history of the origins and spirit of refugee law. Section II discusses the Baker cases, which laid the groundwork for enforcing U.S. interdiction and return practices. Section III discusses Sale v. Haitian Centers Council, Inc., a Supreme Court case that sanctioned those practices. Section IV discusses how the MPP continues the U.S. Government’s pattern of neo-refoulement. Section V briefly discusses the MPP’s procedural history at the time of writing.

The Impact Of Covid-19 On Domestic Violence And Digital Abuse: Addressing The Problem Through A National Action Plan
Kayla Bokzam

This Article discusses the impact of COVID-19 on domestic violence and digital abuse around the world, with a focus on the United States. Violence against women has increased since the start of the pandemic largely due to lockdown restrictions and other measures taken by governments to slow the spread of the virus. Further, with an increase in the use of technology throughout our daily lives, digital abuse has become more prevalent and particularly impacts women and girls. This paper analyzes the national action plans on gender-based violence in Australia and South Africa and explores how the United States can create an effective national action plan to combat these issues.

Symposium Report 

Gender Justice And Human Rights Symposium Holistic Approaches To Gender Violence
Denisse Córdova Montes, Tamar Ezer, Reem Ali, Kayla Bokzam, Renu Sara Nargund, Megan Norris, and Maxwell Zoberman