Tag Archive for ‘Comparative Law’

Human Rights and Ethical Lawyering: The Need for a Lawyer’s Hippocratic Oath

Human Rights and Ethical Lawyering: The Need for a Lawyer’s Hippocratic Oath

By: Caitlin Parets, Scarlett Del Giudice Boyer, & Jenik Radon

Lawyers around the world are bound by codes of ethics designed to protect the legal profession and the individuals it serves, but lawyers need a Hippocratic Oath. Rooted in antiquity and still professed today by medical practitioners, modern iterations of the Hippocratic Oath include promises not only to use one’s medical knowledge to the best of one’s ability but also to “not use [one’s] medical knowledge to violate human rights and civil liberties.” [. . .] Lawyers would benefit from a similar ethical consideration for human rights because sometimes simply following the law does not sufficiently capture ethical practices. The wisdom of Emmanuel Lulin, a lawyer and the Chief Ethics Officer for L’Oréal, sums it up beautifully: “Ethics is not about obeying the law. Ethics is about adhering to shared values. . . . Because very often things can be lawful but awful.” [. . .]
AI Governance, Democracy, & Technology in the Legal Field with Dr. Anjanette Raymond

AI Governance, Democracy, & Technology in the Legal Field with Dr. Anjanette Raymond

Interviewed and written by Shrinithi Venkatesan and Rachel Sleiman

Dr. Anjanette Raymond is an Associate Professor in the Department of Business Law & Ethics at Indiana University and Director of the Program on Data Management and Information Governance at the Ostrom Workshop. Dr. Raymond’s primary research areas include online dispute resolution, data governance, privacy, and artificial intelligence. The Comparative Jurist interviewed Dr. Raymond to address technology’s consequences on U.S. elections, privacy concerns, and the implications of AI governance in the legal field. [. . .]
Exploring Evil with Dr. James Waller

Exploring Evil with Dr. James Waller

In October 2022, The Comparative Jurist sat down with Dr. James Waller, Cohen Professor of Holocaust and Genocide Studies at Keene State College in New Hampshire and Director of Academic Programs at the Auschwitz Institute for Peace and Reconciliation (AIPR), an international non-governmental organization dedicated to genocide and mass atrocity prevention.  Dr. Waller, a trained social psychologist, visited William & Mary Law School to present the research behind his book Becoming Evil: How Ordinary People Commit Genocide and Mass Killing. [. . .]
“Hope is not passive”: Constitutionalizing Youth Representation in Governance and Policymaking to Combat Climate Change

“Hope is not passive”: Constitutionalizing Youth Representation in Governance and Policymaking to Combat Climate Change

By Sharon Pia Hickey

The International Institute for Democracy and Electoral Assistance’s (“International IDEA”) “Global State of Democracy Report 2021” has recently described how, while the number of democracies is increasing, the quality of democratic governance has fallen. Covid-19, in particular, has exacerbated the fault lines that were widening before the pandemic struck. For many (especially in the Global North), the experience of lockdowns, restrictions, fear, and scarcity was the first taste of what life might be like under emergency conditions caused by climate change. While the jury is still out on how the world handled the pandemic, it is clear that innovation, solidarity, and commitment will be needed to sustain democracy in the face of the ever-increasing manifestations of climate change. [. . .]
Comparative Free Speech: An Expert Roundtable Discussion at William & Mary Law School’s Human Security Law Center Symposium on Media Freedom & Human Rights

Comparative Free Speech: An Expert Roundtable Discussion at William & Mary Law School’s Human Security Law Center Symposium on Media Freedom & Human Rights

By Allison Lofgren

On Friday, January 28, 2022, Professor Nancy Combs and the Human Security Law Center at William & Mary Law School hosted a Symposium on Media Freedom & Human Rights. The second panel addressed comparative free speech issues and was moderated by Professor Timothy Zick, who is the John Marshall Professor of Government and Citizenship and the William H. Cabell Research Professor of Law at William & Mary Law School. He is one of the foremost experts on American freedom of speech law whose views routinely appear in the popular press, and he has published several dozen highly-regarded books and law review articles on the First Amendment.

The three panelists–Dr. Mart Susi, a Professor at Tallinn University in Estonia; Professor Ronald J. Krotoszynski, Jr. from the University of Alabama School of Law; and Michael R. Sherwin, a lawyer at Kobre & Kim–each discussed their perspective on the most pressing free speech issues in their respective areas of expertise. Throughout the panel, they primarily focused on various limitations on free speech in Europe and the United States. [ . . . ]
Populism and Constitutionalism in East-Central Europe

Populism and Constitutionalism in East-Central Europe

By Gábor Halmai.

The recent deviations from the shared values of constitutionalism towards a kind of “populist, illiberal constitutionalism” in East-Central Europe raise the theoretical questions: are populism and illiberalism what the leaders of these backsliding states proud of, reconcilable with constitutionalism? I shall concentrate on a particular version of populism, which is nationalist and illiberal, and mainly present in Hungary and Poland, and in other countries of the region. Most are also members of the European Union, a valued community based on liberal democratic constitutionalism.  The arguments set forth below about East-Central European populist constitutionalism in this paper do not necessarily apply to other parts of Europe (Greece and Spain), Latin-America (Bolivia), or the US, where populism has a different character, and its relationship to constitutionalism is distinct from the Hungarian or the Polish variant. […]
Will China Recognize Same-Sex Marriage? Take a Look at China’s One-Child Policy

Will China Recognize Same-Sex Marriage? Take a Look at China’s One-Child Policy

By Howell Ma.

The legalization of gay marriage is being argued in China right now. It is has been discussed in the society for years, especially after the United States (“U.S.”) Supreme Court Obergefell ruling came out in 2015. Constantly, there are discussions regarding why it is so difficult for the People’s Republic of China (“PRC”) to recognize same-sex marriage while ancient China had relatively more tolerant policies towards same-sex relationships. This article argues the greatest challenge is not the constitutional grounds, but rather social hurdles: traditional Confucian culture, the government’s ignorance of the existence of lesbian, gay, bisexual and transgender (“LGBT”) people in China, and the general mass social views of homosexuality and same-sex marriage in China. […]