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Articles 1 - 30 of 63
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China-Venezuela Relations In The 21st Century And A Proposed U.S. Policy Response, Noah Jackson
China-Venezuela Relations In The 21st Century And A Proposed U.S. Policy Response, Noah Jackson
Pepperdine Policy Review
In light of the Biden Administration’s 2023 decision to lift sanctions on Venezuela, and Venezuela’s failure to comply with the US conditions for relief, this paper analyzes China-Venezuela relations and how US policy toward Venezuela affects both Venezuela and China. Venezuela has been China’s strongest ally in the Americas since 2000. This alliance led to Chinese loans of over $40 billion, a majority of China’s investment in the continent. When Venezuela’s economy collapsed, China was left with the decision to cut ties, but chose to defend its Latin partner as the west criticized the Maduro regime. Recently, Venezuela has failed …
Policy Implications And Recommendations Concerning The United States’ Non-Ratification Of International Human Rights Treaties, Kenzie R. Winton
Policy Implications And Recommendations Concerning The United States’ Non-Ratification Of International Human Rights Treaties, Kenzie R. Winton
Pepperdine Policy Review
This paper delves into the historical background, policy implications, and recommendations concerning the United States' non-ratification of crucial international human rights treaties. The UN treaties analyzed include the International Covenant on Economic, Social, and Cultural Rights (ICESCR), the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), and the UN Convention on the Rights of the Child (UNCRC). Despite being a global hegemon, the United States' refusal to ratify these treaties raises questions about its commitment to human rights and international cooperation. Through examining historical and current rationales, alongside the potential impacts of ratification, this paper argues …
World Trade Organization Dispute Resolution And China: Is The System Broken, Flawed, Or Working Exactly As Written?, Heather R. Dougan
World Trade Organization Dispute Resolution And China: Is The System Broken, Flawed, Or Working Exactly As Written?, Heather R. Dougan
Pepperdine Policy Review
China highlights the flaws and limitations of the World Trade Organization’s dispute resolution process. China’s importance in the global economy led to its selection. The paper overviews China’s accession process, the two initial safeguards against subversion—the Transitional Product-Specific Safeguard Mechanism and the Transitional Review Mechanism, and how the Product-Specific Safeguard Mechanism and the Transitional Review Mechanism, and how the WTO’s process can be subverted. The paper also analyzes the WTO process subversion counterapproaches used by other Member States, mainly the United States. The two major flaws of the process are the lack of protections in place against subversion and the …
The Use Of Arbitration Clauses By Social Media Websites: A Critique, Kavya Jha, Ananya Singh
The Use Of Arbitration Clauses By Social Media Websites: A Critique, Kavya Jha, Ananya Singh
Pepperdine Dispute Resolution Law Journal
The arbitration clauses contained in the Terms of Services (ToS) of most social media websites mandate arbitration and the waiver of class arbitration.1 In light of this reality, this article seeks to analyze the legal position with respect to mandatory arbitration and class arbitration waiver in the United States, India, and European Union (EU). It compares and juxtaposes the respective positions in these three jurisdictions to find that whereas the United States has been pro-arbitration to the extent of being detrimental to consumer interest, India has adopted an overly protectionist approach, while the EU has adopted an effective model to …
A Fake Future: The Threat Of Foreign Disinformation On The U.S. And Its Allies, Brandon M. Rubsamen
A Fake Future: The Threat Of Foreign Disinformation On The U.S. And Its Allies, Brandon M. Rubsamen
Global Tides
This paper attempts to explain the threat that foreign disinformation poses for the United States Intelligence Community and its allies. The paper examines Russian disinformation from both a historical and contemporary context and how its effect on Western democracies may only be exacerbated in light of Chinese involvement and evolving technologies. Fortunately, the paper also studies practices and strategies that the United States Intelligence Community and its allied foreign counterparts may use to respond. It is hoped that this study will help shed further light on Russian and Chinese disinformation campaigns and explain how the Intelligence Community can efficiently react.
The Fuel For Neo-Nazism, Brandon M. Rubsamen
The Fuel For Neo-Nazism, Brandon M. Rubsamen
Global Tides
This paper attempts to explain the cause of support for far-right extremism movements in Europe. It takes a comparative approach in explaining that support by first analyzing Germany and Luxembourg. In each country, politics, history, economics, and society are explored in order to elicit a root cause. Once that main factor is found, Norway and Greece are also analyzed to see if the hypothesis holds. Political stability is hypothesized to be the root cause in far-right support in Germany (and lack thereof in Luxembourg), and the examples of Norway and Greece support this hypothesis. By comparing and contrasting aspects of …
Legal Lying?, Robert Angyal, Nicholas Saady
Legal Lying?, Robert Angyal, Nicholas Saady
Pepperdine Dispute Resolution Law Journal
Mediation has become very common in the USA and Australia—at least partly because of court-mandated mediation initiatives. Lawyers often represent clients at mediations, so the increased use of mediation makes it important to understand how both jurisdictions regulate lawyers’ advocacy on behalf of their clients during mediation. This article comparatively analyzes how professional standards regulate the truthfulness of lawyers’ advocacy during mediation in Australia and the United States. It focuses on uniform regulation in those jurisdictions. Part One will comparatively analyze the relevant regulations in Australia and the United States, and the types of obligations contained in those regulations—for example, …
Maximum Pressure With Minimal Success: Recognizing Iranian Resolve In Pursuit Of A Revised U.S. Foreign Policy, Alexine D. Carr
Maximum Pressure With Minimal Success: Recognizing Iranian Resolve In Pursuit Of A Revised U.S. Foreign Policy, Alexine D. Carr
Pepperdine Policy Review
The relationship between the United States and Iran, specifically regarding Iran's nuclear program, offers a case study for a calculated approach to cross-border conflict management. In considering a range of options for mitigating the conflict, it is prudent to weigh alternative dispute resolution procedures (mediation, arbitration, and negotiation) with more forceful measures such as coercive diplomacy or the use of military intervention. By evaluating multiple approaches and assessing risk, a better understanding of the overall situation and insight into the validity of using ADR as a mechanism to manage complex, intractable conflicts is developed. The purpose of this paper is …
Pepperdine University School Of Law Legal Summaries, Jessica Linton
Pepperdine University School Of Law Legal Summaries, Jessica Linton
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Interpretation Of Pathological Arbitration Agreements: Non-Existing And Inaccessible Elements, Morten Frank
Interpretation Of Pathological Arbitration Agreements: Non-Existing And Inaccessible Elements, Morten Frank
Pepperdine Dispute Resolution Law Journal
In the following, I will initially present the terminological and analytical framework for handling pathological arbitration agreements (Part II). Against this background, I will analyze case law from USA (Part III), Singapore and Hong Kong (Part IV), and England (Part V) in order to establish under which circumstances Solution 1, Solution 2 and Solution 3 apply in respect of arbitration agreements containing non-existing and inaccessible elements. Finally, Part VI considers an adjoining—although fundamentally different—interpretation situation across jurisdictions. Part VII provides a summary as well as concluding remarks on the drafting of arbitration agreements.
Pepperdine University School Of Law Legal Summaries, Matthew Rollin, Kelly Vollmer
Pepperdine University School Of Law Legal Summaries, Matthew Rollin, Kelly Vollmer
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Insider Trading Framework In United States And Egyptian Stock Markets, Elsayed Eldaydamony
Insider Trading Framework In United States And Egyptian Stock Markets, Elsayed Eldaydamony
The Journal of Business, Entrepreneurship & the Law
This article examines the law of insider trading in both the American and Egyptian legal systems. It seeks to pinpoint the policy rationale behind prohibiting insider trading, the theories of civil enforcement and criminalization, and the concept of tipping in the United States. It also analyzes the express statutory prohibition under Egyptian law. Furthermore, it explains the doctrinal link between securities fraud and insider trading in the U.S. as well as the enforcement mechanisms in place at the SEC, the NYSE, and the NASDAQ. It also surveys the surveillance authority of the Egyptian Financial Regularity Authority and of the Egyptian …
An Exploration Of Gender And National Security Through The Integration Of Women Into Military Roles, Alexine D. Carr
An Exploration Of Gender And National Security Through The Integration Of Women Into Military Roles, Alexine D. Carr
Pepperdine Policy Review
This paper stems from curiosity as to whether there are differences in the outcomes or abilities of militaries to function effectively when females are included. Notions of high-stakes warfare, the physiology of both genders, tradition, and a culture built upon hypermasculine ideals deserve consideration within the context of both 21 st -century feminist thought and overall fighting aptitude. In the pages that follow, the militaries of the United States, Israel, and Sweden are examined to 1) determine what women specifically contribute within a military setting, and 2) argue that integration aligns with priorities of both feminism and national security. Specifically, …
Pepperdine University School Of Law Legal Summaries, Analise Nuxoll
Pepperdine University School Of Law Legal Summaries, Analise Nuxoll
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Puff Puff Pass The Legislation: A Comparison Of E-Cigarette Regulations Across Borders, Rachel E. Zarrabi
Puff Puff Pass The Legislation: A Comparison Of E-Cigarette Regulations Across Borders, Rachel E. Zarrabi
Journal of the National Association of Administrative Law Judiciary
This comment explores the types of legislation, approaches to regulating e-cigarettes, and analyzes whether the FDA’s campaign and current regulations are effective. So far, it appears that the United States is ahead of the game with its new, aggressive proposal for regulating e-cigarettes. The FDA is standing against the companies and products that target youthful consumers. Most countries acknowledge the gaps in current scientific research regarding the long-term health risks of vaping, and some are waiting to take a legislative stance until it is clearer which side of the health line e-cigarettes fall. Section II of this comment discusses the …
Discussion On The Differences Between U.S And Chinese Management Styles, Bazil Cunningham
Discussion On The Differences Between U.S And Chinese Management Styles, Bazil Cunningham
Global Tides
In an increasingly globalized world, conducting business with leaders from various parts of the world is inevitable. An understanding of the managerial styles of leaders is imperative to the long-term success and influence of an international corporation. This paper will introduce the managerial styles of executives from U.S and Chinese based companies and point out the variations in style that exist. Information received from interviews with Chinese and U.S managers will assist in determining the differences between each style. The synthesis of qualitative research analysis and scholarly data will aid in forming the argument as to whether both styles can …
The Cold War And The Discipline Of Negotiation, Bazil Cunningham
The Cold War And The Discipline Of Negotiation, Bazil Cunningham
Global Tides
The Cold War period is perhaps one of the most tumultuous periods in modern history apart from the calamity of World War I and World War II. The juxtaposition of two world superpowers and the proliferation of nuclear arms resulted in extreme tension, uncertainty, and fear during the Cold War era. Although nuclear warfare was averted, experts all unanimously agree that the world barely escaped unscathed. This paper will provide detail surrounding the history of the Cold World Era, an in-depth discussion regarding the application of Negotiation theory to this conflict, and any conclusions that can be drawn. The synthesis …
The Johnson & Johnson Problem: The Supreme Court Limited The Armed Career Criminal Act's "Violent Felony" Provision—And Our Children Are Paying, Shelby Burns
Pepperdine Law Review
The Armed Career Criminal Act and United States Sentencing Guidelines prescribe sentence enhancements based upon a defendant’s prior convictions. In particular, these federal sentencing tools contain violent felony provisions that outline the requirements a state criminal statute must satisfy for a conviction to constitute a violent felony, making the convicted person eligible for a federal sentence enhancement. However, the Supreme Court’s holdings in Johnson v. United States, 559 U.S. 133 (2010) and Johnson v. United States, 135 S. Ct. 2551 (2015) severely limited the scope of both sentencing tools’ violent felony provisions, making it more difficult for certain crimes to …
America's State Of Readiness Against Bioterrorism, Cameron Funk
America's State Of Readiness Against Bioterrorism, Cameron Funk
Pepperdine Policy Review
No abstract provided.
Enforcement Of Icsid Convention Arbitral Awards In U.S. Courts, Abby Cohen Smutny, Anne D. Smith, Mccoy Pitt
Enforcement Of Icsid Convention Arbitral Awards In U.S. Courts, Abby Cohen Smutny, Anne D. Smith, Mccoy Pitt
Pepperdine Law Review
No abstract provided.
The Indefinite Deflection Of Congressional Standing, Nat Stern
The Indefinite Deflection Of Congressional Standing, Nat Stern
Pepperdine Law Review
Recent litigation brought or threatened against the administration of President Obama has brought to prominence the question of standing by Congress or its members to sue the President for nondefense or non-enforcement of federal law. While scholars divide over the normative propriety of such suits, the Court has never issued a definitive pronouncement on their viability. Nevertheless, the Court’s rulings when the issue has arisen have displayed a distinct pattern. While the Court has not formally repudiated suits of this nature, neither has it issued a decision that hinges on the presence of congressional standing. On the contrary, the Court …
The Last Indian War: Reassessing The Legacy Of American Indian Boarding Schools And The Emergence Of Pan-Indian Identity, Abigail M. Gibson
The Last Indian War: Reassessing The Legacy Of American Indian Boarding Schools And The Emergence Of Pan-Indian Identity, Abigail M. Gibson
Global Tides
The purpose of this research is to reexamine the legacy of federally-maintained boarding schools for American Indian children, particularly in regards to its strong connections to the emergence of Pan-Indian identity during the latter half of the twentieth century. The schools have long retained a reputation of one of the most poignant examples of cultural imperialism in history of the United States. The goal of this paper is not to deny the horrors associated with the American Indian boarding school system, but to emphasize the important and ultimately positive outcome of the development of an American Indian identity that transcends …
Pepperdine University School Of Law Legal Summaries, Nicole Banister
Pepperdine University School Of Law Legal Summaries, Nicole Banister
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Legal Summaries , Emily Edwards
Legal Summaries , Emily Edwards
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Regulation Of Hydraulic Fracturing Of Shale Gas Formations In The United States, Fatemeh Bagheri
Regulation Of Hydraulic Fracturing Of Shale Gas Formations In The United States, Fatemeh Bagheri
Pepperdine Policy Review
The practice of hydraulic fracturing has become increasingly common over the years since it has been looked at to replace energy derived from coal. Though hydraulic fracturing may be one of the better forms of obtaining energy, it comes with its own set of problems ranging from environmental problems to health problems if the appropriate safeguards are not implemented when completing the process. Regulations at the local, state, and federal level are assessed to determine which entity should regulate the practice and many technologies are reviewed in order to offer suggestions which allow the process to be completed without significant …
Regulation - The Balance Point , W. D. Brewer
Regulation - The Balance Point , W. D. Brewer
Pepperdine Law Review
No abstract provided.
The Doctrine Of Primary Jurisdiction: Was It Inverted?, Patrick Callahan
The Doctrine Of Primary Jurisdiction: Was It Inverted?, Patrick Callahan
Pepperdine Law Review
No abstract provided.
Developments In The Law Of Scientific Evidence: The Admissibility Of Polygraph Evidence, Sheila K. Hyatt
Developments In The Law Of Scientific Evidence: The Admissibility Of Polygraph Evidence, Sheila K. Hyatt
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Federal Administrative Law Judge Examination (Revisited), David J. Agatstein
Federal Administrative Law Judge Examination (Revisited), David J. Agatstein
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Legal Summaries, Joseph J.M. Orabona
Legal Summaries, Joseph J.M. Orabona
Journal of the National Association of Administrative Law Judiciary
No abstract provided.