Online Journal — Columbia Undergraduate Law Review

Illicit Trade of Cultural Property: Who Owns African Art?

Ever since the end of World War II, and increasingly since the decline of colonialism, African countries like Mali, Nigeria, and Benin have begun requesting that Western states return artworks and other cultural properties that were illegally taken. Illicit trading of cultural property is not a problem limited to African nations; Turkey sued the Metropolitan Museum of Art, the Greek Orthodox Church of Cyprus sued a Dutch art dealer, and the United States enacted the Native American Graves Protection and Repatriation Act to return Indigenous artifacts to their respective nations.

Elif HamutcuMay 23, 2019international law, art, property, UNESCO, 5th circuit Comment

Rap in the Courtroom: Evaluating the Implications of State of New Jersey v. Vonte L. Skinner

Law enforcement’s animosity towards rap and its refusal to recognize the genre as a complex artistic endeavor can likely be traced to racial prejudices. On one hand, law enforcement views rap negatively because this music directly threatens their authority. On the other hand, multiple studies have demonstrated that rap music “primes the negative culturally held stereotype of urban Blacks.”

JiHoon KoMay 23, 2019rap, state, race, criminal, evidenceComment

Animal Science Products v. Hebei Welcome Pharmaceuticals - An Analysis

A major reappraisal of the U.S.-China trade relationship may have begun in the supplements aisle of your local health food store. The U.S. Supreme Court’s unanimous decision in Animal Science Products Inc. v. Hebei Welcome Pharmaceutical Co. 138 S. Ct. 1865 (2018) settled an international dispute spanning more than a decade over the sale of vitamin C supplements and the procedures for interpreting foreign law in U.S. federal courts.

Mark GyourkoApril 17, 2019EDNY, 2nd circuit, supreme court, rule 44.1, pharmaceutical, antitrustComment

The Matter of Ms. A.B.: Domestic Violence and Asylum

After surviving 15 years of unrelenting domestic violence, rape, and psychological violence at the hands of her husband, a Salvadoran woman known by her initials as Ms. A.B. managed to escape to a town a few hours away from their home, only to be found and brutalized again. She attempted to seek a divorce and protection from the police but instead received armed death threats from her husband and his connections with the authorities.

Parima KadikarApril 17, 2019asylum, immigration, domestic violence, jeff sessionsComment

A Direct Tax on Womanhood: Analyzing the Discriminatory Nature of the Tampon Tax

Menstrual equity, a term coined in the mid-twentieth century by feminist activists, has gained traction in mainstream media with the rise of intersectional dialogue and women’s empowerment. Contemporary feminists have taken this initiative a step further, and have recently begun the zealous advocacy for menstrual equity in the wake of the infamous ‘tampon tax’ - a tax levied on feminine hygiene products due to the fact that they do not meet the “basic necessity” tax exemption.

Inside the 14-Year Long Legal Battle Between Nestlé and Six Former Forced Laborers

There are an estimated 21 million victims of forced labor globally, generating an approximated 150 billion dollars in illegal profits each year, according to the International Labour Organization (ILO). [1] The criminal practice’s astounding profit-generation is largely attributed to its ability to be conveniently hidden within the long and murky supply chains of major corporations: in that Nike sneaker, morning Starbucks coffee, or H&M sweater that was just such a deal. [2]

Chocolates, Confessions, and Court Cases: The Valentine’s Day Lawsuit for Same-Sex Marriage in Japan

On February 14, 2019, thirteen LGBTQ couples filed coordinated lawsuits in district courts in Japan in an attempt to legalize same-sex marriage. [1] At the time of these lawsuits, Japan had not recognized same-sex marriage or civil unions. As Asian countries begin discussing protection of LGBTQ rights, the legal basis of denying same-sex marriage has come under scrutiny. While the government has interpreted the Japanese Constitution as allowing marriage only between a man and a woman, the text itself and the intent of the text contains no such specifications.

Assessing the Legality of Juliana v. United States

In recent months, Alexandria Ocasio-Cortez’s Green New Deal has captured the nation’s attention, as it presents the first comprehensive legislative effort to combat global warming. However, in the discussion of the government’s responsibility to mitigate the effects of climate change, a certain case has been lost in the noise. Juliana v. United States is a class action lawsuit in which twenty-one plaintiffs (all undergraduates at various colleges and universities across the country) are suing United States executive agencies, including the Department of Energy, the Department of the Interior, and the Environmental Protection Agency, for a violation of their constitutional rights.

The Intellectual Property Implications of Star Athletica v. Varsity Brands

While most recent advancements in copyright law focus on mainstream technological or media-based infringements, intellectual property scholars were dealt a landmark decision in a more unconventional facet of the law: fashion. Star Athletica, LLC v. Varsity Brands, Inc (2017) [1], decided after 8 months of deliberation in the U.S. Supreme Court, examined a lawsuit brought forth by Varsity Brands when Star Athletica began to produce cheerleading uniforms with chevrons, zigzags, and other aesthetic elements similar in design to those produced by Varsity Brands, but at a far lower price [2].