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Full-Text Articles in Law

The Impact Of Cultural Heritage On Japanese Towns And Villages, Yuichiro Tsuji Dr. Dec 2020

The Impact Of Cultural Heritage On Japanese Towns And Villages, Yuichiro Tsuji Dr.

Seattle Journal of Technology, Environmental & Innovation Law

In 1954, when historically significant clays and clay pots were found in the Iba district of Shizuoka prefecture, the city applied to the prefectural education committee for a historic site designation. The committee granted this designation to the city..

However, in 1973 the education committee lifted its permission to promote development around the location. Historians have sought revocation of this decision under the Administrative Case Litigation Act (ACLA), but the Supreme Court has denied standing. By denying standing, the Japanese Supreme Court allows the prefecture to destroy a historical site.

First, this paper seeks to discuss the doctrine of standing ...


Masthead Jul 2020

Masthead

Hastings International and Comparative Law Review

No abstract provided.


Combatting Corruption In The “Era Of Xi Jinping”: A Law And Economics Perspective, Miron Mushkat, Roda Mushkat Jul 2020

Combatting Corruption In The “Era Of Xi Jinping”: A Law And Economics Perspective, Miron Mushkat, Roda Mushkat

Hastings International and Comparative Law Review

Pervasive graft, widely observed throughout Chinese history but deprived of proper outlets and suppressed in the years following the Communist Revolution, resurfaced on massive scale when partial marketization of the economy was embraced in 1978 and beyond. The authorities had endeavored to alleviate the problem, but in an uneven and less than determined fashion. The battle against corruption has greatly intensified after Xi Jinping ascended to power in 2012. The multiyear antigraft campaign that has unfolded has been carried out in an iron-fisted and relentless fashion. It has yielded some tangible benefits, yet the negative side of the ledger is ...


Eu-China Fta: Enhanced Enforcement And Umbrella Coverage Of Anticorruption, Ron Brown Jul 2020

Eu-China Fta: Enhanced Enforcement And Umbrella Coverage Of Anticorruption, Ron Brown

Hastings International and Comparative Law Review

No abstract provided.


Should The Proud Dragon Repent? A Relative Theory For China’S State Capitalist Banking Sector Based On East Asia’S Experience, Yueh-Ping (Alex) Yang Jul 2020

Should The Proud Dragon Repent? A Relative Theory For China’S State Capitalist Banking Sector Based On East Asia’S Experience, Yueh-Ping (Alex) Yang

Hastings International and Comparative Law Review

Amidst the U.S.-China trade war, China’s banking sector, the backbone of China’s economy, plays a key role in this battle. China’s banking sector, however, poses a puzzle to contemporary studies of state-owned banks (“SBs”). According to the property right theory, the mainstream SB theory, SBs are negative for the financial and economic development of an economy because it is susceptible to more serious agency problems, excessive political intervention, and conflict of interest between state regulators and state owners. That said, the economic success of China, whose banks are mostly owned and controlled by the Chinese ...


California And The European Union Take The Lead In Data Protection, Dyann Heward-Mills, Helga Turku Jul 2020

California And The European Union Take The Lead In Data Protection, Dyann Heward-Mills, Helga Turku

Hastings International and Comparative Law Review

No abstract provided.


Effects Of Japanese Financial Regulations And Keiretsu Style Groups On Japanese Corporate Governance, Ken Kobayashi Jul 2020

Effects Of Japanese Financial Regulations And Keiretsu Style Groups On Japanese Corporate Governance, Ken Kobayashi

Hastings International and Comparative Law Review

No abstract provided.


From The Editor, Anushri Mehta Jul 2020

From The Editor, Anushri Mehta

Hastings International and Comparative Law Review

No abstract provided.


Systems Of Preferential Tax Treatment In The Eu: A Case Study Of Apple, Inc., Constanza Ortiz Jul 2020

Systems Of Preferential Tax Treatment In The Eu: A Case Study Of Apple, Inc., Constanza Ortiz

Hastings International and Comparative Law Review

Transfer pricing allows corporations to shift profits from high-tax jurisdictions to low-tax jurisdictions. When employed by multinational corporations, which produce up to 70% of the wordl’s trade, many can shelter billions of dollars in tax havens. This paper explores how this is possible by analyzing the ise of Base Erosion and Profit Shifting Tools in Ireland.


The Changing Face Of Terrorism And The Designation Of Foreign Terrorist Organizations, Patrick J. Keenan Jul 2020

The Changing Face Of Terrorism And The Designation Of Foreign Terrorist Organizations, Patrick J. Keenan

Indiana Law Journal

In this Article, I take up one slice of what should be a broad re-examination of

U.S. law and policy. I argue that the new attacks have been undertaken by entities

that can and should be designated as foreign terrorist organizations. Doing this would

permit prosecutors to target those who support these entities with tools that are not

currently available. This Article is both a doctrinal argument that directly addresses

the many legal hurdles that make designating groups, such as foreign hackers and

troll farms, terrorist organizations a complicated endeavor, and a policy argument

about how U.S. law ...


Social Contract Theory And Transitional Justice: A Philosophical Approach To A Problem Of Global Importance, Brendan Moriarty Jun 2020

Social Contract Theory And Transitional Justice: A Philosophical Approach To A Problem Of Global Importance, Brendan Moriarty

All Dissertations, Theses, and Capstone Projects

In this thesis, I seek to bring together two areas of scholarly work to see how each can inform the other: social contract theory and transitional justice. The social contract, as it exists and as it was theorized about by Rousseau, was born from the world-historic forces that spread capitalism across the globe, stirring up nationalism everywhere it went. In its wake, there was vast inequality and new legal regimes which protected the hoarded wealth of the capitalist class by enshrining the right of private property along with life and liberty. To examine the intricacies of transitional justice and its ...


The Bumpy Road Of Home States’ Regulation Of Globalized Businesses—Legal And Institutional Disruptions To Supply Chain Disclosure Under The Modern Slavery Act, Shuangge Wen, Jingchen Zhao May 2020

The Bumpy Road Of Home States’ Regulation Of Globalized Businesses—Legal And Institutional Disruptions To Supply Chain Disclosure Under The Modern Slavery Act, Shuangge Wen, Jingchen Zhao

Catholic University Law Review

In response to the paradigm shift from territorial corporations to global businesses and supply chains, states are increasingly engaging in regulating extraterritorial business activities, supply chain disclosure regulation being a primary example. Much ink has thus far spilled on the intrinsic doctrinal and conceptual aspects of this regulatory approach, with its interactions to the external regulatory and institutional environment far less considered. This article seeks to correct the scholarly imbalance by critically examining how s.54 of the UK Modern Slavery Act (MSA) – a prominent attempt among state-level initiatives designed to promote human rights protection within global supply chains – fits ...


The More Things Change, The More They Stay The Same: The United States, Trade Sanctions, And International Blocking Acts, Meaghan Jennison May 2020

The More Things Change, The More They Stay The Same: The United States, Trade Sanctions, And International Blocking Acts, Meaghan Jennison

Catholic University Law Review

When the United States unilaterally withdrew from the Joint Comprehensive Plan of Action (“JCPOA,” colloquially known as the Iran Nuclear Deal) in May of 2018, that withdrawal signaled not only the United States withdrawal from that deal, of which it had been one of the chief negotiators, but also of a new level of trade engagement by the United States and the Trump Administration within the international community. European countries, in an attempt to continue existing business relationships with the Iranians, pulled an old tool from their toolbox – the blocking statute – to attempt to allow European and multinational companies to ...


Bringing Rule Of Law And Fairness To The Dysfunctional World Of Sovereign Debt: A Role For Canada?, Maziar Peihani, Mark Jewett May 2020

Bringing Rule Of Law And Fairness To The Dysfunctional World Of Sovereign Debt: A Role For Canada?, Maziar Peihani, Mark Jewett

Osgoode Hall Law Journal

Restructuring sovereign debt has long proved challenging: There is no formal regime for sovereign insolvencies similar to those that that govern domestic bankruptcy and insolvency and attempts to create one by international treaty have been met with political resistance. Currently, sovereign debt restructuring is governed by the debt contracts themselves along with the background law in the jurisdiction in which the debt is issued. Sovereign immunity also protects most state assets from seizure. These ad hoc restructuring processes are plagued by unpredictability, however, and there are incentives for individual creditors to “hold out,” demanding full repayment of their claims and ...


Life In A Sharing Economy: What Airbnb, Turo, And Other Accommodation-Sharing Services Mean For Cities, Zoe Mckenzie May 2020

Life In A Sharing Economy: What Airbnb, Turo, And Other Accommodation-Sharing Services Mean For Cities, Zoe Mckenzie

Penn State Journal of Law & International Affairs

No abstract provided.


Sharing The Burden Of Citizenship: It's Time For America's Daughters To Register For The Draft, Kylie Hanlon May 2020

Sharing The Burden Of Citizenship: It's Time For America's Daughters To Register For The Draft, Kylie Hanlon

Penn State Journal of Law & International Affairs

No abstract provided.


Going Postal: President Trump And The United States' Tumultuous Current Relationship With The Universal Postal Union, And Its Effect On The International Shipment Of Opiods, Logan Nagle May 2020

Going Postal: President Trump And The United States' Tumultuous Current Relationship With The Universal Postal Union, And Its Effect On The International Shipment Of Opiods, Logan Nagle

Penn State Journal of Law & International Affairs

No abstract provided.


Chinese Receptions Of Carl Schmitt Since 1929, Ryan Martinez Mitchell May 2020

Chinese Receptions Of Carl Schmitt Since 1929, Ryan Martinez Mitchell

Penn State Journal of Law & International Affairs

No abstract provided.


Territorial Status Triggering A Functional Approach To Statehood, William Thomas Worster May 2020

Territorial Status Triggering A Functional Approach To Statehood, William Thomas Worster

Penn State Journal of Law & International Affairs

No abstract provided.


China's Approach On Data Privacy Law: A Third Way Between The U.S. And The E.U.?, Emmanuel Pernot-Leplay May 2020

China's Approach On Data Privacy Law: A Third Way Between The U.S. And The E.U.?, Emmanuel Pernot-Leplay

Penn State Journal of Law & International Affairs

No abstract provided.


The Price Of Prosecution: The Reality For Syrian Transitional Justice, Faten Ghosn, Joanna Jandali May 2020

The Price Of Prosecution: The Reality For Syrian Transitional Justice, Faten Ghosn, Joanna Jandali

Penn State Journal of Law & International Affairs

No abstract provided.


Foreword May 2020

Foreword

Penn State Journal of Law & International Affairs

No abstract provided.


Table Of Contents May 2020

Table Of Contents

Penn State Journal of Law & International Affairs

No abstract provided.


Dedication May 2020

Dedication

Penn State Journal of Law & International Affairs

No abstract provided.


Jlia Editorial Board & Staff May 2020

Jlia Editorial Board & Staff

Penn State Journal of Law & International Affairs

No abstract provided.


National And International Security In Space: International Law Implications Of Space Force And Planetary Defense, Dr. Andrea Harrington May 2020

National And International Security In Space: International Law Implications Of Space Force And Planetary Defense, Dr. Andrea Harrington

Georgia Journal of International & Comparative Law

No abstract provided.


In Support Of Global Accountability For Private Commercial Space Actors, Julia Selman Ayetey May 2020

In Support Of Global Accountability For Private Commercial Space Actors, Julia Selman Ayetey

Georgia Journal of International & Comparative Law

No abstract provided.


Who Has The Power? A Critical Perspective On Space Governance And New Entrants To The Space Sector, Dr. Cassandra Steer May 2020

Who Has The Power? A Critical Perspective On Space Governance And New Entrants To The Space Sector, Dr. Cassandra Steer

Georgia Journal of International & Comparative Law

No abstract provided.


Reflections On Space Governance By China And Japan, Saadia M. Pekkanen May 2020

Reflections On Space Governance By China And Japan, Saadia M. Pekkanen

Georgia Journal of International & Comparative Law

No abstract provided.


Space Governance 3.0, Brian R. Israel May 2020

Space Governance 3.0, Brian R. Israel

Georgia Journal of International & Comparative Law

No abstract provided.