Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (38)
- University of Miami Law School (23)
- Notre Dame Law School (15)
- American University Washington College of Law (9)
- Loyola Marymount University and Loyola Law School (9)
-
- UC Law SF (9)
- Chicago-Kent College of Law (8)
- Schulich School of Law, Dalhousie University (8)
- Florida International University College of Law (7)
- University of Pennsylvania Carey Law School (7)
- Brooklyn Law School (6)
- DePaul University (6)
- University of Pittsburgh School of Law (5)
- Columbia Law School (4)
- Emory University School of Law (4)
- Fordham Law School (4)
- Georgetown University Law Center (3)
- Universitas Indonesia (3)
- William & Mary Law School (3)
- Maurer School of Law: Indiana University (2)
- University of Arkansas, Fayetteville (2)
- American University in Cairo (1)
- Association of Arab Universities (1)
- Claremont Colleges (1)
- Cleveland State University (1)
- Florida State University College of Law (1)
- Institute of Social Sciences, TOYO University (1)
- Mitchell Hamline School of Law (1)
- Northwestern Pritzker School of Law (1)
- Pace University (1)
- Keyword
-
- International law (12)
- Law (11)
- Comparative law (8)
- International Law (7)
- Affirmative Action (6)
-
- Comparative Law (6)
- SFFA (6)
- China (5)
- Diversity (5)
- Accountability (4)
- Human rights (4)
- Perspective (4)
- Business organization (3)
- ESG (3)
- Food insecurity (3)
- Intellectual property (3)
- International Trade Law (3)
- Privacy (3)
- Supreme Court (3)
- World Bank (3)
- Banking and Finance (2)
- Banking and finance (2)
- Banking law (2)
- Brazil (2)
- Business law (2)
- Canadian Law (2)
- Censorship (2)
- Climate change (2)
- Copyright (2)
- Corporate Law (2)
- Publication
-
- Seattle University Law Review (38)
- University of Miami International and Comparative Law Review (17)
- Notre Dame Journal of International & Comparative Law (15)
- Loyola of Los Angeles International and Comparative Law Review (9)
- UC Law SF International Law Review (9)
-
- Chicago-Kent Law Review (8)
- Dalhousie Law Journal (7)
- FIU Law Review (7)
- University of Pennsylvania Asian Law Review (7)
- DePaul Business & Commercial Law Journal (6)
- University of Miami Inter-American Law Review (6)
- American University International Law Review (5)
- Articles (4)
- Brooklyn Journal of International Law (4)
- Perspectives (4)
- Fordham Environmental Law Review (3)
- Georgetown Law Faculty Publications and Other Works (3)
- Indonesia Law Review (3)
- Arkansas Law Review (2)
- Book Chapters (2)
- Emory International Law Review (2)
- Faculty Publications (2)
- LL.M. Essays & Theses (2)
- Sabin Center for Climate Change Law (2)
- AUCTUS: The Journal of Undergraduate Research and Creative Scholarship (1)
- An-Najah University Journal for Research - B (Humanities) (1)
- Articles, Book Chapters, & Popular Press (1)
- Brooklyn Law Review (1)
- CICLR Online (1)
- CMC Senior Theses (1)
- Publication Type
Articles 1 - 30 of 197
Full-Text Articles in Entire DC Network
When (And Where) Is A Crime A Crime? “Double Criminality” As A Principle Of Fundamental Justice, Robert J. Currie
When (And Where) Is A Crime A Crime? “Double Criminality” As A Principle Of Fundamental Justice, Robert J. Currie
Articles, Book Chapters, & Popular Press
The idea that crime crosses borders is fast becoming ordinary, even old hat, particularly in an age of online crime such as ransomware attacks, cyber-extortion and the like. As we have become more geographically mobile, however, it is increasingly common for people to have engaged in criminal conduct in one state1 but then seek to exercise legal rights, or face legal entanglements, in others. Legal questions can then arise about what effect should be given by one state—in this article, Canada—to an individual’s conduct that was, or is alleged to have been, a crime in a foreign state. The inquiry …
Genocide Memorialization Through Law In Bosnia And Herzegovina: Reconciling The Irreconcilable?, Carna Pistan
Genocide Memorialization Through Law In Bosnia And Herzegovina: Reconciling The Irreconcilable?, Carna Pistan
Genocide Studies and Prevention: An International Journal
This article focuses on the law banning genocide denial and other war crimes and the glorification of convicted war criminals imposed in Bosnia and Herzegovina by the former High Representative Valentin Inzko in mid-2021 to facilitate the country’s reconciliation process. It first positions the genocide denial ban into the vast category of memory laws by examining its content and scope, as well as the reactions and consequences it has provoked up to now. The article maintains that an internationally imposed memory law cannot create reconciliation in a deeply divided society. It shows, on the contrary, that the imposed legislation has …
Regulatory Takings In Climate Change: Geo- Engineering One’S Way Around The Fifth Amendment, Noah Chase
Regulatory Takings In Climate Change: Geo- Engineering One’S Way Around The Fifth Amendment, Noah Chase
Fordham Environmental Law Review
Picture yourself as the owner of a small business located in the downtown area of a large city; your business consists of a shop and an adjoining parking lot. A new regulation has just been passed which requires any owner of property within the city limits to paint all roofs and parking areas with a new reflective coating, in order to reduce the heat which is absorbed by such structures. The idea of closing your business down for this time, along with other connected issues, scares you, and you begin to wonder if your local government truly has your best …
Arizona V. Navajo Nation And Systemic Failures In The Tribal Water Allocation Scheme, Jennifer Horkovich
Arizona V. Navajo Nation And Systemic Failures In The Tribal Water Allocation Scheme, Jennifer Horkovich
Fordham Environmental Law Review
When the United States Supreme Court’s decision in Arizona v. Navajo Nation was published in June 2023, Indian Country was hardly surprised with the Court’s ruling. There, the Court found that the United States had no affirmative duty to affirmatively protect the Navajo Nation’s water rights under the 1868 Treaty.1 The Court was clear: the treaty is insufficient for the Navajo’s current water needs, but the judiciary is unable to step in to find relief.2 This decision is another in a long series of cases on water allocation and the federal reserved water right, where tribes have been unable to …
Environmental Protection, Sustainability And The Prevention Of Satellite Collisions In Outer Space, Yun Zhao
Environmental Protection, Sustainability And The Prevention Of Satellite Collisions In Outer Space, Yun Zhao
Fordham Environmental Law Review
With space commercialization and privatization continuing apace, more space objects are expected to be launched and put into operation in the future, adding to the already large number of defunct satellites and space debris present in outer space. Hence, serious study should be devoted to possible mechanisms for dealing with potential collisions in outer space for the purpose of realizing environmental protection and space sustainability. In view of the inadequacy of the existing legal regime, this article explores possible such mechanisms (including a preventive mechanism, avoidance mechanism and compensation mechanism) from the perspective of interdependence theory and puts forward a …
The Preservation Of Marine Fisheries Resources Within Asean Nations’ Eez, Ida Kurnia
The Preservation Of Marine Fisheries Resources Within Asean Nations’ Eez, Ida Kurnia
Indonesia Law Review
The preservation of marine fisheries resources within ASEAN nations’ Exclusive Economic Zone (EEZ) is an urgent and pressing challenge requiring collaborative efforts from all ASEAN nations. Challenges such as illegal fishing, climate change, and lack of coordination between ASEAN nations may cause damage to marine biota food chain, especially marine fisheries in Southeast Asia region. To solve this conundrum, collaboration between ASEAN nations pose as the key solution. The research method used in this study is normative juridical approach by analyzing primary legal materials such as International Agreements and other international laws & sources. Further analysis was also …
Dol Fiduciary Rule 3.0 Strikeout, Base Knock, Or Home Run?, Antolin Reiber
Dol Fiduciary Rule 3.0 Strikeout, Base Knock, Or Home Run?, Antolin Reiber
DePaul Business & Commercial Law Journal
No abstract provided.
Money Is Morphing - Cryptocurrency Can Morph To Be An Environmentally And Financially Sustainable Alternative To Traditional Banking, Clovia Hamilton
Money Is Morphing - Cryptocurrency Can Morph To Be An Environmentally And Financially Sustainable Alternative To Traditional Banking, Clovia Hamilton
DePaul Business & Commercial Law Journal
No abstract provided.
Survey Evidence In Trademark Actions, Ioana Vasiu And Lucian Vasiu
Survey Evidence In Trademark Actions, Ioana Vasiu And Lucian Vasiu
DePaul Business & Commercial Law Journal
No abstract provided.
Corporate Governance And Compelled Speech: Do State-Imposed Board Diversity Mandates Violate Free Speech?, Salar Ghahramani
Corporate Governance And Compelled Speech: Do State-Imposed Board Diversity Mandates Violate Free Speech?, Salar Ghahramani
DePaul Business & Commercial Law Journal
No abstract provided.
The Real Persons Are The Corporations We Made Along The Way, Leonard Brahin
The Real Persons Are The Corporations We Made Along The Way, Leonard Brahin
DePaul Business & Commercial Law Journal
No abstract provided.
Front Matter And Table Of Contents
Front Matter And Table Of Contents
University of Miami International and Comparative Law Review
No abstract provided.
Masthead
University of Miami International and Comparative Law Review
No abstract provided.
Critical Tax Theory In The U.S., Australia, And Brazil: Current Challenges And Perspectives For The Future, Júlia Silva Araújo Carneiro
Critical Tax Theory In The U.S., Australia, And Brazil: Current Challenges And Perspectives For The Future, Júlia Silva Araújo Carneiro
University of Miami International and Comparative Law Review
Tax law has never been a neutral field. On the contrary, it impacts a range of identity axes, including socioeconomic class, race, and gender, and can act as a mechanism for maintaining the status quo or as a catalyst for social change. By examining the ongoing debate on critical tax theory in the United States, Australia, and Brazil, this Article shows that, no matter the differences found in distinct tax systems, tax law functions as a mirror of a country’s values and can be employed either to support or to disadvantage minorities.<.p>American critical tax scholars have consistently highlighted the …
Granting Legal Personality To Artificial Intelligences In Brazil’S Legal Context: A Possible Solution To The Copyright Limbo, Victor Habib Lantyer
Granting Legal Personality To Artificial Intelligences In Brazil’S Legal Context: A Possible Solution To The Copyright Limbo, Victor Habib Lantyer
University of Miami International and Comparative Law Review
This Article investigates the feasibility and consequences of granting legal personality to Artificial Intelligences (AIs) in the context of Brazilian law, with a special focus on copyright law. It conducts a thorough analysis of how such a grant can enhance legal security and encourage innovation in AI technologies. Through an integrative review of the literature and a comparative analysis of national and international legislation and jurisprudence, the study explores the implications of this legislative innovation. This Article highlights the importance of legal clarity for companies and investors in the AI sector, emphasizing that granting legal personality to AIs can simplify …
Fashion Upcycling As Protected Free Speech In Trademark Law, Martin Senftleben
Fashion Upcycling As Protected Free Speech In Trademark Law, Martin Senftleben
University of Miami International and Comparative Law Review
Fashion upcycling offers unprecedented opportunities for the sustainable reuse of clothing. Using second-hand garments as raw material for new creations, upcyclers transform used pieces of clothing into new fashion products that may become even more sought-after than the original source material. The more fashion elements enjoy trademark protection; however, the more legal obstacles arise. Fashion upcycling may trigger allegations of consumer confusion, brand dilution, and unfair freeriding. As the Introduction will explain, the exhaustion of trademark rights after the first sale does not necessarily dispel concerns about trademark infringement. The rearrangement of branded garment components in the upcycling process may …
Coming Full Circle: The International Legal Status Of The International Olympic Committee, William Thomas Worster
Coming Full Circle: The International Legal Status Of The International Olympic Committee, William Thomas Worster
University of Miami International and Comparative Law Review
No abstract provided.
Leveling The Playing Field: Navigating The ‘Name, Image, And Likeness’ Rules For International Student-Athletes In The United States, Colsen Khaze Centner
Leveling The Playing Field: Navigating The ‘Name, Image, And Likeness’ Rules For International Student-Athletes In The United States, Colsen Khaze Centner
University of Miami International and Comparative Law Review
This Note analyzes the NCAA’s new ‘Name, Image, and Likeness’ (“NIL”) guidelines and their impact on international student-athletes. The NCAA’s NIL guidelines allow student-athletes to profit off of their own name, image, and likeness, a benefit that would have made them ineligible to maintain their amateur status and compete in the NCAA two short years ago.1 While the NCAA’s NIL guidelines can generate substantial compensation for some of the NCAA’s most prolific student-athletes, international student-athletes are limited in the NIL opportunities they can enjoy based on various immigration restrictions.2 If an international student-athlete is found to be in violation of …
Failure To Influence: Legislation Requiring Social Media Influencers To Disclose Their Retouched Images Will Not Address Youth Body Image Concerns, Michael Stuart
University of Miami International and Comparative Law Review
In 2013, Israel’s Act Limiting Weight in the Modelling Industry first came into effect, requiring advertisers to disclose when images of commercial models have been digitally altered. The Act, which was the first of its kind, has come to be known as Israel’s “Photoshop Law” and was designed to help models maintain healthy weights and to ensure transparency in fashion advertising. Now, in response to growing concerns over body image issues linked with youth social media consumption, several nations around the world, including Norway and the United Kingdom, have proposed or enacted regulations that require social media influencers to add …
Liquidated Damages In The New Civil Code Of China: Underpinnings, Confusion, And Reforms, Wei Wen
Liquidated Damages In The New Civil Code Of China: Underpinnings, Confusion, And Reforms, Wei Wen
University of Pennsylvania Asian Law Review
The new Civil Code of the People’s Republic of China (“the Code”), enacted by the National People’s Congress (“NPC”), is now the most authoritative statute in private law matters. The Code has three rules for liquidated damages. The first rule gives contracting parties the freedom to agree on this remedy and enjoy its convenience and clarity. It reduces the burden of proof, saves judicial resources, and respects freedom of contract. The second rule lets contracting parties request the courts to increase or reduce pre-set amounts that are disproportionate to the losses caused by breaches. This unique and flexible mechanism balances …
River Water Regulation In India: The Challenges Of The Entangled State, Mia M. Rahim, Guy C. Charlton, Abhay Kanwar
River Water Regulation In India: The Challenges Of The Entangled State, Mia M. Rahim, Guy C. Charlton, Abhay Kanwar
University of Pennsylvania Asian Law Review
The inland river water regulations in India have become complicated by debates over river ownership, environmental sustainability, native aspirations, and industrial growth. This Article argues that such complexities surrounding the river water regulations inform a “state of entanglement” which cannot be addressed without invoking the unique way the Indian state is embedded within Indian society. This Article suggests that public interest litigation and increased participation for stakeholders and the common people may offer an effective mechanism to overcome the obstacles of the entanglement of state and society in India.
Cross-Border Insolvency Cooperation Between Mainland China And Hong Kong Sar: The 2021 Arrangement And Its Improvement, Jingxia Shi
University of Pennsylvania Asian Law Review
As the world’s second-largest economy, China has become a critical venue for high-profile cross-border insolvency proceedings in recent years. The evolution of China’s insolvency law and the pertinent judicial practice, especially its cross-border aspects, remains in infancy. This development underscores the significance of the 2021 Arrangement between Mainland China and the Hong Kong Special Administrative Region (“Hong Kong SAR”) on crossborder insolvency cooperation (the “2021 Arrangement”). The Arrangement not only caters to the unique demands under the “One Country, Two Systems” policy but also incorporates legal advancements and institutional features from the 1997 United Nations Commission on International Trade Law …
From The Editor-In-Chief, Jacklin Lee
From The Editor-In-Chief, Jacklin Lee
UC Law SF International Law Review
No abstract provided.
A One-State Solution To The Arab- Israeli/Israeli-Palestinian Conflict: A Recommendation Supported By A Review Of The Historical Record And Current Context, Samuel Horowitz
UC Law SF International Law Review
This article examines the legal underpinning of the creation of the state of Israel and historical documents to note that despite calls for a two-state solution at the UN, a one-state solution to the conflict is not necessarily precluded. It then identifies why both the status quo and the proposed two state solution are problematic and untenable. Lastly, it looks to the example of South Africa because of similarities between South Africa and modern day Israel/Palestine. It concludes that the creation of a single state, following the example of post-apartheid South Africa, is the only solution to the conflict that …
Old Wine In A New Bottle? – An Empirical Evaluation Of The Judicial Reforms In China In The 2010s, Peter C.H. Chan
Old Wine In A New Bottle? – An Empirical Evaluation Of The Judicial Reforms In China In The 2010s, Peter C.H. Chan
UC Law SF International Law Review
This article provides an empirical evaluation of the effectiveness of the judicial reform measures implemented in China in the 2010s. Among other objectives, the reforms aimed to strengthen the independence of judges, the financial autonomy of courts and the professionalism of adjudicators. Critics have questioned the success of the reforms, citing continued government intervention with adjudication and unchanged structural problems with courts. To date, there has been limited empirical literature focusing specifically on the judicial reform measures in the 2010s in China. This article provides a glimpse into what really was happening on the ground since the reforms through the …
Ccpa/Cpra: Consumers Bear The Burden As Companies Bear The Crown, Jacklin Lee
Ccpa/Cpra: Consumers Bear The Burden As Companies Bear The Crown, Jacklin Lee
UC Law SF International Law Review
Examining the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) is important for understanding United States privacy law. They were pioneering legislation in that the CCPA was one of the first comprehensive state-level privacy laws in the United States when it was enacted in 2018, introducing new rights for California residents regarding their personal information and imposed obligations on businesses handling data. The CPRA, passed in 2020, builds upon CCPA and further enhances privacy protections. These laws have served as models for subsequent privacy legislation at both the state and federal levels. They embody key principles …
“Whale Wars” — Are The Japanese Whaling Just Because They Can? A Testament Of Failed International Whaling Policy, Katy Rotzin
“Whale Wars” — Are The Japanese Whaling Just Because They Can? A Testament Of Failed International Whaling Policy, Katy Rotzin
UC Law SF International Law Review
This paper analyzes whaling law and practices in Japan. This paper briefly compares Japanese whaling to whaling in Norway and Iceland, as well as Indigenous whaling but mainly focuses on Japan’s domestic ethos around “whaling culture,” their policies, which perpetuate whaling even though the industry is no longer profitable, and their unique relationship with the International Whaling Commission. This paper further analyzes the International Whaling Commission’s main document, the International Convention for the Regulation of Whaling, and its inability to keep rogue nations in check, and recommends that anti-whaling nations combine both soft law and sanctions to pressure Japan to …
Law, Critique And The Believer's Experience, Jean D'Aspremont
Law, Critique And The Believer's Experience, Jean D'Aspremont
Dalhousie Law Journal
I have come to think that, most of the time, radical critics of a given discursive practice were once believers in that practice’s necessities and realities. In particular, I am of the opinion that one comes to appreciate the power of a discourse only when one has genuinely and personally experienced the necessitarian pull as well as the realities such discourse creates. To put it in phenomenological terms, I think that radical scepticism is often the expression of some self-revulsion at one’s earlier beliefs. The phenomenological causality described here is thus not simply about the devastating rage that one can …