Law Commons^™

Moya Chacón Et Al. V. Costa Rica, Gursimran Bhullar

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Demand-Side Disarmament: Or How I Learned To Deter The Bomb, James J. Bernstein

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

García Asto And Ramírez Rojas V. Peru, Celene Afari

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Duque V. Colombia, Alondra Gonzalez

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Corruption And Competition: The Wrong Goal In Football, Melody Mohammadi

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

The Overlooked Communities Of Forced Displacement In The United States: Humanizing The Relocation Of Indigenous Tribes In The Face Of Climate Change, Jennifer O'Rourke

University of Cincinnati Law Review

No abstract provided.

A Tale Of Two Subject-To-Tax Rules, Sol Picciotto, Jeffery M. Kadet, Bob Michel

Articles

In this article, we analyze and compare two proposals for a new subject-to-tax rule (STTR) provision to be included in tax treaties, one from the U.N. Tax Committee and the other from the G20/OECD inclusive framework on base erosion and profit shifting. The U.N. proposal is broad, and would clarify that restrictions in tax treaties on taxation of income at the source where it is derived are conditional on that income being taxed at an agreed-upon minimum rate in the country where it is received. The inclusive framework version is much more limited, being confined to payments between connected entities …

Common But Differentiated Constitutionalisms: Does ‘Environmental Constitutionalism’ Offer Realistic Policy Options For Improving Un Environmental Law And Governance? Us And Latin American Perspectives, Erin Daly, Maria Antonia Tigre, Natalia Urzola

Sabin Center for Climate Change Law

Environmental law and governance have taken many different forms in the Americas in response to climate change mitigation. This contribution describes recent developments in the United States, Colombia, and Brazil, illustrating the divergent approaches to climate protection. The chapter highlights the common but differentiated ways in which the three countries in the Americas approach environment constitutionalism in the midst of the climate crisis. On one hand, Brazil and Colombia adopt a rights-based approach to tackle complex issues related to environmental law and governance in their context-specific responses to climate protection. In particular, the courts of Colombia and Brazil have been …

Evolving Sovereignty Relationships Between Affiliated Jurisdictions: Lessons For Native American Jurisdictions, Vaughan Carter, Charlotte Ku, Andrew P. Morriss

Faculty Scholarship

Though sovereignty is principally associated with governance over a territory and freedom to act in the international arena, this article examines sovereignty as empowerment. The study tests the applicability to Native American jurisdictions of the experiences of fifteen case study jurisdictions presently associated with the United Kingdom, the Netherlands, and France in shared sovereign relationships. The focus is on the evolution of those relationships and opportunities for development where jurisdictions do not attain full control over their affairs. The case studies examine the relationships from the perspectives of political, economic, and cultural sovereignty. The article further examines the relationships in …

How Can You Tell If There Is A Crisis? Data And Measurement Challenges In Assessing Jury Representation, Mary R. Rose, Marc A. Musick

Chicago-Kent Law Review

No abstract provided.

Race, Peremptory Challenges, And State Courts: A Blueprint For Change, Nancy S. Marder

Chicago-Kent Law Review

No abstract provided.

Judges, Lawyers, And Willing Jurors: A Tale Of Two Jury Selections, Barbara O'Brien, Catherine M. Grosso

Chicago-Kent Law Review

No abstract provided.

Beacons Of Democracy? A Worldwide Exploration Of The Relationship Between Democracy And Lay Participation In Criminal Cases, Sanja K. Ivkovic, Valarie P. Hans

Chicago-Kent Law Review

No abstract provided.

The Arrival Of The Civil Jury In Argentina: The Case Of Chaco, Shari S. Diamond, Valarie P. Hans, Natali Chizik, Andres Harfuch

Chicago-Kent Law Review

No abstract provided.

The Hybridization Of Lay Courts: From Colombia To England And Wales, Jeremy Boulanger-Bonnelly

Chicago-Kent Law Review

No abstract provided.

Lay Participation Reform In China: Opportunities And Challenges, Zhiyuan Guo

Chicago-Kent Law Review

No abstract provided.

Virtual Technology And The Changing Rituals Of Courtroom Justice, Meredith Rossner, David Tait

Chicago-Kent Law Review

No abstract provided.

The Data Heist: Protecting Consumers And Their Information Through Opt-In Consent, John A. Hudson

Arkansas Law Review

This Comment will: (1) compare and contrast the data privacy laws in the United States and the European Union; (2) demonstrate the significant risk American consumers are subject to under the United States’ current laws and regulations; and (3) address the protections provided by the European Union’s explicit opt-in consent requirement that would ensure safer conditions for American consumers.

Money Talks: Implementing Open Banking In The United States, Hailey Marie Petit

Arkansas Law Review

An open banking system exists when a third-party financial service provider has access to consumer financial information. What if the United States could be on the forefront of the next banking industry change? A well implemented system would mean a new, accessible way to make a transaction. This Comment will explore how the United States can implement an open banking system. First, this Comment defines open banking against the backdrop of the traditional transaction model. Next, this Comment describes the United Kingdom’s adoption of open banking, focusing on the benefits and detriments created by its adoption. Third, this Comment describes …

Masthead

UC Law SF International Law Review

No abstract provided.

The Origins And Future Of International Data Privacy Law, Julian Schneider

UC Law SF International Law Review

Data privacy law varies widely across jurisdictions worldwide. Amidst sophistries and jurisdictional conflicts between lawmakers in Europe and the United States, a largely unregulated cross-border data industry emerged, prepared to exploit an unaware or overwhelmed general public. Without governmental support, privacy itself is in grave danger. The people, as true bearers of the fundamental right to privacy, must be put back in control of their data by governments that are aware of their ever-conflicting roles as protectors and aggressors. Scholars like Ari Ezra Waldman, in its book “Industry Unbound,” have criticized the common notice and consent approach to privacy as …

Injustice Anywhere: A Comparative Law Analysis Of Saudi Arabia’S Criminal Justice System, Cooper C. Millhouse

UC Law SF International Law Review

A narrow understanding of other nations’ judicial systems begets unsupported assumptions about the way a justice system should operate. While many western commenters have publicized the failures of Middle Eastern societies to protect individual rights, much of the existing literature fails to analyze the legal structures which perpetuate injustice and the motivations that keep the institutions in place. This article illuminates the goals Saudi Arabia’s justice system, inspects how those goals parallel the goals of other common law and civil law systems, and evaluates whether Saudi Arabia’s system is able to effectively accomplish its aims.

This article argues that Saudi …

Rethinking The Cafta-Dr: Addressing Implementation Gaps For Sustainable Commonity Production, Maggie Laing

Wyoming Law Review

This Comment evaluates the level of equality in the trade relationship between the United States (the U.S.) and Guatemala under the Central America-Dominican Republic Free Trade Agreement (the CAFTA-DR). Guatemala has the largest economy in Central America and is a major agricultural exporter to the U.S.; despite this, Guatemala suffers from high levels of poverty, inequality, and corruption that particularly affect its indigenous and rural populations. The CAFTA-DR is the best tool to address the inequalities between the U.S. and Guatemala. However, the CAFTA-DR does not balance the competing interests of commodity production, nor does it consider the unequal capacity …

The Right To A Healthy Environment In Latin America And The Caribbean: Compliance Through The Inter-American System And The Escazú Agreement, Maria Antonia Tigre

Sabin Center for Climate Change Law

The Escazú Agreement has brought a myriad of environmental rights and duties to Latin America and the Caribbean (LAC), including the recognition of a right to a healthy environment and rights of environmental defenders. As a new agreement, the task of implementing the Escazú Agreement still lies ahead. Significantly, a non-judicial, non-punitive, consultative and transparent Committee to support Implementation and Compliance was established as a subsidiary body of the Conference of the Parties to promote implementation. Concomitantly, the Inter-American Court of Human Rights recognised an autonomous right to a healthy environment, establishing it as directly justiciable within the Inter-American System …

The Problem Of Extravagant Inferences, Cass Sunstein

Georgia Law Review

Judges and lawyers sometimes act as if a constitutional or statutory term must, as a matter of semantics, be understood to have a particular meaning, when it could easily be understood to have another meaning, or several other meanings. When judges and lawyers act as if a legal term has a unique semantic meaning, even though it does not, they should be seen to be drawing extravagant inferences. Some constitutional provisions are treated this way; consider the idea that the vesting of executive power in a President of the United States necessarily includes the power to remove, at will, a …

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.

The Radical Potential Of Creating Communities Of Care Through Art, Rhoda Rosen, Amanda Leigh Davis

University of Miami International and Comparative Law Review

No abstract provided.

The Uneven Legal Geographies Of Nutrition Entitlement Programs In The United States. Realizing Or Hindering The Right To Food?, Joshua Lohnes, Mackenzie Steele

University of Miami International and Comparative Law Review

Unlike many countries across the world, the United States government does not formally recognize the Right to Food in law. However, it funds and administers nutrition entitlement programs that play a significant role in mitigating hunger and food insecurity across the country. Reflecting on the socio-political dynamics that shape the legal spaces of nutrition entitlement in different places, this Article explores the uneven geographies of the Right to Food in two other countries (South Africa and Ecuador) and then turns its focus to the United States. This Article offers an overview of the two most extensive nutrition entitlement programs (SNAP …

Food, Housing, And Racial Justice Symposium, Denisse Córdova Montes, Tamar Ezer, Photini Kamvisseli Suarez, Katherine Murray, Julian Seethal, Mackenzie Steele, Sarah Walters

University of Miami International and Comparative Law Review

No abstract provided.