Law Commons^™

Reproductive Privacy In The World: Critical Examination Of June Medical Services, L.L.C. V. Russo And Buck V. Bell, Kumiko Kitaoka

Washington and Lee Journal of Civil Rights and Social Justice

Using insights from Professor Stephen A. Simon’s Universal Rights and the Constitution, this Article argues that national courts should continue to assume an active role in the protection of privacy rights by giving due consideration to the nature of the privacy right in combination with the merits of the universal right theory. This Article then demonstrates that both foreign national courts and domestic state courts have recognized the right to procreate and key aspects of the right to abortion as fundamental rights.

Part II introduces the universal right theory, explaining why the theory is particularly relevant to the protection …

Multilateralism, Pushback, And Prospects For Global Engagement?, Michael Donald Kirby The Honourable

Indiana Journal of Global Legal Studies

In this article, the author draws on long engagement with multilateralism, both in domestic jurisdiction and international institutions. He describes the growth of post-War United Nations activities and the increasing impact of international law, including on universal human rights. He records international initiatives on global problems like HI V/AIDS and in individual countries, such as Cambodia and North Korea. He then describes recent examples of '"pushback" against multilateralism, especially on the part of the United States, the United Kingdom, some European countries, and Australia. He concludes with illustrations and reasons why the global community should remain optimistic about multilateralism, despite …

Hostile Takeover Regimes In Asia: A Comparative Approach, Umakanth Varottil, Wai Yee Wan

Research Collection Yong Pung How School Of Law

The market for corporate control is animportant corporate governance mechanism for the discipline of corporatemanagers. However, the process and substance of the regulation of hostiletakeovers differs remarkably among various jurisdictions. Existing andinfluential scholarship has focused on the differences in regulation between UnitedStates (US) and the United Kingdom (UK), with the explanations being founded ininterest group politics. Influential as it is, the question is whether thetheory can be extended outside of the US and the UK, particularly to theirlegal transplants in Asia? In the last few decades, many of the Asianjurisdictions have drawn heavily from the US and the UK when …

To Be Creditor Or To Be Shareholder, That Is The Question: Is The Debt-For-Equity Swap Creditors’ Financial Suicide?, Jongho Kim

The Journal of Business, Entrepreneurship & the Law

This Article deals with debt-for-equity swap-related issues in Korean corporate restructuring procedures. Debt-for-equity swaps were widely employed during the Latin American foreign debt restructuring process, but the Korean case is slightly different. Because the creditors of reorganizing corporations are mainly Korean domestic financial institutions rather than foreign creditors, this type of financial scheme is applied under local law. The following examines the legal aspects of debt-for-equity swaps, which have been promoted as a way to eliminate excessive insolvent loans and financial debts (and stood in the way of restructuring, via IMF bail-out funds). It also discusses how a debt-for-equity swap …

Private Enforcement Of Company Law And Securities Regulation In Korea, Hwa-Jin Kim

Book Chapters

This chapter offers a brief overview of the private enforcement of corporate law and securities regulation in Korea, with particular reference to the current legislative efforts in the Korean National Assembly and recent court cases. This chapter also talks about Korea’s ill-fated and misguided adoption of the fraud-on-the-market theory in securities fraud litigation.

Bringing Pacific Bluefin Tuna Back From The Brink: Ensuring The Submission Of Operational Data To The Western And Central Pacific Fisheries Commission, Chris Wold, Mitsuhiko Takahashi, Siwon Park, Viv Fernandes, Sarah Butler

Michigan Journal of Environmental & Administrative Law

The Commission of the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western Pacific Ocean (WCPFC) manages fish stocks of significant financial and ecological value across an area of the Pacific Ocean comprising 20% of Earth. WCPFC members, however, have disagreed sharply over management measures for tuna, sharks, and other species, in part because some WCPFC members have refused to provide the WCPFC with vessel-specific data, known as operational data, which is needed to manage the stocks sustainably. Despite a legal requirement to submit operational data to the WCPFC, these members, including Japan and Korea, …

Korea's "Bali Bali" Growth In International Arbitration, Grant L. Kim

Pepperdine Dispute Resolution Law Journal

No abstract provided.

The Recognition And Enforcement Of Foreign Arbitral Awards In Korea: With Focus On The U.S. Matters, Yong-Beum Jahng, Ryul Kim

Pepperdine Dispute Resolution Law Journal

No abstract provided.

Surveying The Landscape Of Conflict Management, Tom Stipanowich, J. Kwang Ho Lim, E. Y. Park, Beomsu Kim, Joongi Kim

Pepperdine Dispute Resolution Law Journal

No abstract provided.

The Emergence Of Mediation In Korean Communities, Peter Robinson, J. Youngjin Lee, J. Kwang Ho Lim, Ryul Kim

Pepperdine Dispute Resolution Law Journal

No abstract provided.

Korean Perspectives On Trade And Investment Multilateral Agreements And Dispute Resolution, Lucy Reed, E. Y. Park, Joongi Kim, Beomsu Kim, Kevin Kim

Pepperdine Dispute Resolution Law Journal

No abstract provided.

Korea's Emerging Importance In The Practice Of International Commercial Arbitration, Jack J. Coe, E Y. Park, Grant Kim, Kevin Kim

Pepperdine Dispute Resolution Law Journal

No abstract provided.

How It All Started - And How It Ended: A Legal Study Of The Korean War, Howard S. Levie

Akron Law Review

Before taking up the basic subject of the discussion which follows, it would appear appropriate to ascertain just what events led to the creation of two such disparate independent nations as the Republic of Korea (hereinafter referred to as South Korea) and the Democratic People’s Republic of Korea (hereinafter referred to as North Korea) out of what had been a united territory for centuries, whether independent or as the possession of a more powerful neighbor, Japan — and the background of how the hostilities were initiated in Korea in June 1950.

Favoritism And Corporate Law: The Confused Corporate Opportunity Doctrine In The Hyundai Motor Case, Hwa-Jin Kim, Seung Hwan Lee, Stephen M. Woodcock

Michigan Business & Entrepreneurial Law Review

Core legal principles of U.S. corporate law are often met with perplexity in foreign jurisdictions. This is especially true for legal principles that are controversial even in the U.S. This Article takes the corporate opportunity doctrine and examines how it has been exported to the civil law regime in Korea. Korean conglomerates such as Samsung Group and Hyundai Motor Group have become major players in the global market, but corporate law and practice in Korea have had a difficult time keeping up with developments in the business sector. The Hyundai Motor Case demonstrates an ambitious, but ill-fated, attempt at the …

The Basel Iii Liquidity Coverage Ratio And Financial Stability, Andrew W. Hartlage

Michigan Law Review

Banks and other financial institutions may increase the amount of credit available in the financial system by borrowing for short terms and lending for long terms. Though this "maturity transformation" is a useful and productive function of banks, it gives rise to the possibility that even prudently managed banks could fail due to a lack of liquid assets. The financial crisis of 2007-2008 revealed the extent to which the U.S. financial system is exposed to the risk of a system-wide failure from insufficient liquidity. Financial regulators from economies around the world have responded to the crisis by proposing new, internationally …

Constitutionalism: East Asian Antecedents, Tom Ginsburg

Chicago-Kent Law Review

To what degree can traditional Asian political and legal institutions be seen as embodying constitutionalist values? This question has risen to the fore in recent decades as part of a new attention to constitutionalism around the world, as well as the decline in orientalist perceptions of Asia as a region of oppressive legal traditions. This article juxtaposes East Asian analogues or antecedents of constitutionalism with a particular set of recent theoretical understandings of the concept of constitutionalism. After conducting a historical review of political and legal institutions in China, Japan and Korea, the article argues that we can indeed speak …

Negotiating A Deal In Korea: Reflections Of A Battle-Scarred Veteran, Michael E. Zacharia

Pepperdine Dispute Resolution Law Journal

In 1996, for an international widget company focused on selling to the Japanese tourist and looking to expand its business, Korea was the Promised Land. Korea had a widget business well in excess of (U.S.) $500 million, and was the second most popular Japanese tourist destination. No foreign companies were in the market, and my client BWC (a world-renowned widget company), sought to change that. They did, for a while. This paper analyzes select aspects of the twelve months of Round One negotiations that led to the triumphant signing of a Joint Venture Agreement with SY, a leading Korean widget …

Citizenship And Marriage In A Globalizing World: Multicultural Families And Monocultural Nationality Laws In Korea And Japan, Erin Aeran Chung, Daisy Kim

Indiana Journal of Global Legal Studies

This Article analyzes how individual and local attempts to address low fertility rates in Korea and Japan have prompted unprecedented reforms in monocultural nationality laws. Korea and Japan confront rapidly declining working-age population projections; yet, they have prohibited the immigration of unskilled workers, until recently in Korea's case, on the claim that their admission would threaten social cohesion. Over the past two decades, both countries have made only incremental reforms to their immigration policies that fall short of alleviating labor shortages and the fiscal burdens of maintaining a large elderly population. Instead, prompted by the growth of so-called multicultural families …

Civilizing American Civil Justice: International Insights, James Maxeiner, Gyooho Lee, Armin Weber

All Faculty Scholarship

In 1776, when Americans declared independence from Britain, they also declared their rights. Their declarations of rights count “open courts” as among the best means for constitutional development. Open courts should secure to every man, without regard to wealth, a just remedy for every wrong suffered, according to the law of the land, by fair and speedy procedure.

Since 1776 Americans have invested heavily in creating open courts. They have been disappointed by returns that fall “far short of perfection” (Maurice Rosenberg). They have found reform to be an “unending effort to perfect the imperfect” (Jay Tidmarsh).

That Americans have …

With Great Power Comes Great Responsibility: Korea's Role In The War Against Online Piracy, Edward Choi

San Diego International Law Journal

South Korea is one of the most Internet-savvy countries in the world, with more than 34 million Koreans over the age of six—74.8% of the total population—regularly accessing the Internet. According to the Organization for Economic Co-operation and Development (OECD), as of June 2007, South Korea has the fourth largest number of broadband subscribers at over 14.4 million, behind only Japan, Germany, and the United States, all of which have much higher populations. Studies show the time Koreans spend online is primarily for entertainment purposes, as almost 80% of Korean Internet users report online consumption of audio and video, almost …

Monitoring Of Corporate Groups By Independent Directors, Adam C. Pritchard

Articles

Both the United States and Korea have reformed their corporate governance in recent years to put increasing responsibilities on independent directors. Independent directors have been found to be an important force protecting the interests of shareholders when it comes time to make certain highly salient decisions, such as firing a CEO or selling the company. This article compares the role of independent directors in the US and Korean systems. I argue that the US may have placed regulatory burdens on independent directors that they are unlikely to be able to satisfy, given their part-time status. By contrast, in the chaebol …

Nulclear Non-Proliferation And Unique Issues Of Compliance, Gustavo R. Zlauvinen

ILSA Journal of International & Comparative Law

Christopher Ford just spoke about compliance assessment and compliance enforcement, which are two concepts very inter-related and essential to non- proliferation.

Comparative Law: Alcohol, Drug Abuse & Jurisprudence From The United States To Korea, Hyun J. Cho

LLM Theses and Essays

Human beings have struggled against alcohol and drug addiction since the beginning of history. All kinds of possible ways have been used to treat addicts effectively, such as segregation, whipping, sterilization, or execution. Like the ancient methods used to treat the disabled, these methods used to treat alcoholic and drug addicts stemmed mainly from ignorance and prejudice. Through trial and error, a fresh approach of treating alcoholism and drug addiction as a disease has emerged. This new perspective has created drug courts and a movement called Alcoholics Anonymous that have shown successful results, in helping create greater protection under the …

The Law And Culture Of The Apology In Korean Dispute Settlement (With Japan And The United States In Mind), Ilhyung Lee

Michigan Journal of International Law

This Article addresses the apology in civil dispute settlement in Korea, Japan's neighbor across the East Sea, using the U.S.-Japan comparative discussion as a helpful frame of reference. Part I provides the necessary background on the meaning of the apology and the leading commentary along the U.S.-Japan axis, beginning with the work of Wagatsuma and Rosett. Culture appears in this discussion in two regards. First, a question arises as to whether the very meaning of the apology as noted in the commentary reflects the U.S. cultural orientation, or instead has universal application. Second, some argue that cultural norms explain the …