Law Commons^™

A Balancing Act? The Rights Of Donor-Conceived Children To Know Their Origins, Brigitte J. Clark Dr

Brigitte J Clark Dr

Abstract Internationally, donor-conceived children’s rights to know their biological origins have been recognised to some extent by the jurisprudence of the European Court of Human Rights (ECHR). With the drafting of the Article 7 (1) of the United Nations Convention on the Rights of the Child (UNCRC), as supplemented by Article 8, such children’s rights to know their biological origins whist they are children, and not only later as adults, were acknowledged for the first time, though not explicitly. Anonymous sperm donation is now banned in eleven jurisdictions, including Sweden and England and Wales. By contrast, France still does not …

Alliance Compliance: The Divergence In Us–Eu Airline Alliance Review Policies, Peter J. White Jd

Peter J White

Throughout the late twentieth century and into recent years, the airline industry has been characterized by a vast increase in global airline alliances. However, due to strict ownership restrictions, air carriers cannot take advantage of international mergers or takeovers. As a result, many air carriers enter into alliances with other air carriers in order to create an extensive international network, allowing them to benefit from economies of scope and density. An alliance also may allow an air carrier to operate more efficiently by eliminating duplication of costs, thereby allowing the air carrier to perform a better service for its customers. …

What's Wrong With Forum Shopping? An Attempt To Identify And Assess The Real Issues Of A Controversial Practice, Markus A. Petsche

markus a petsche

In this article, I revisit the question posed by Professors Juenger and Maloy in earlier contributions: what is wrong with (international) forum shopping? Despite doctrinal efforts to determine the origins and effects of forum shopping, the desirability of this practice remains a highly controversial topic. In this article, I show that the adverse impact of forum shopping is limited and that existing policies addressing forum shopping (including the doctrine of forum non conveniens) should thus be reevaluated in light of this finding. First, I identify the criteria by which the potentially detrimental impact of forum shopping (or rather forum selection) …

Fitness Tax Credits: Costs, Benefits, And Viability, Daniel Reach

Daniel Reach

As the number of overweight and obese Americans rises, it becomes increasingly clear that Americans need further incentives to stimulate lasting lifestyle changes. Tax incentives focused on exercise, which have been largely unexplored to this point, are an effective response to the growing obesity problem in the United States that would largely avoid the special-interest opposition that tax policies focused on diet have encountered. In addition, they would also provide a more palatable solution for the taxpayer beneficiaries with a relatively low impact on government revenues. Viable tax incentives to encourage greater fitness include tax credits and sales tax breaks, …

The Protection Of Digital Information And Prevention Of Its Unauthorized Access And Use In Criminal Law, Carrie Leonetti, Moonho Song

Carrie Leonetti

There are a number of valuable intangible properties that do not have specific legislation devoted to their criminal regulation and protection, which poses a vexing problem for the world’s legal systems, which have had an unsatisfactory track record in protecting valuable information over the course of the previous century, giving rise to the need for laws that specifically address issues related to the protection of the integrity of digital information-storage systems. This Article focuses on the protection of these intangibles, when they are stored within a computer system, from their unauthorized use by, or interference from, third parties.

The Article …

The Protection Of Digital Information And Prevention Of Its Unauthorized Access And Use In Criminal Law, Carrie Leonetti, Moonho Song

Carrie Leonetti

There are a number of valuable intangible properties that do not have specific legislation devoted to their criminal regulation and protection, which poses a vexing problem for the world’s legal systems, which have had an unsatisfactory track record in protecting valuable information over the course of the previous century, giving rise to the need for laws that specifically address issues related to the protection of the integrity of digital information-storage systems. This Article focuses on the protection of these intangibles, when they are stored within a computer system, from their unauthorized use by, or interference from, third parties.

The Article …

The Protection Of Digital Information And Prevention Of Its Unauthorized Access And Use In Criminal Law, Carrie Leonetti, Moonho Song

Carrie Leonetti

There are a number of valuable intangible properties that do not have specific legislation devoted to their criminal regulation and protection, which poses a vexing problem for the world’s legal systems, which have had an unsatisfactory track record in protecting valuable information over the course of the previous century, giving rise to the need for laws that specifically address issues related to the protection of the integrity of digital information-storage systems. This Article focuses on the protection of these intangibles, when they are stored within a computer system, from their unauthorized use by, or interference from, third parties.

The Article …

The Protection Of Digital Information And Prevention Of Its Unauthorized Access And Use In Criminal Law, Carrie Leonetti, Moonho Song

Carrie Leonetti

There are a number of valuable intangible properties that do not have specific legislation devoted to their criminal regulation and protection, which poses a vexing problem for the world’s legal systems, which have had an unsatisfactory track record in protecting valuable information over the course of the previous century, giving rise to the need for laws that specifically address issues related to the protection of the integrity of digital information-storage systems. This Article focuses on the protection of these intangibles, when they are stored within a computer system, from their unauthorized use by, or interference from, third parties.

The Article …

The Protection Of Digital Information And Prevention Of Its Unauthorized Access And Use In Criminal Law, Carrie Leonetti, Moonho Song

Carrie Leonetti

There are a number of valuable intangible properties that do not have specific legislation devoted to their criminal regulation and protection, which poses a vexing problem for the world’s legal systems, which have had an unsatisfactory track record in protecting valuable information over the course of the previous century, giving rise to the need for laws that specifically address issues related to the protection of the integrity of digital information-storage systems. This Article focuses on the protection of these intangibles, when they are stored within a computer system, from their unauthorized use by, or interference from, third parties.

The Article …

The Protection Of Digital Information And Prevention Of Its Unauthorized Access And Use In Criminal Law, Carrie Leonetti, Moonho Song

Carrie Leonetti

There are a number of valuable intangible properties that do not have specific legislation devoted to their criminal regulation and protection, which poses a vexing problem for the world’s legal systems, which have had an unsatisfactory track record in protecting valuable information over the course of the previous century, giving rise to the need for laws that specifically address issues related to the protection of the integrity of digital information-storage systems. This Article focuses on the protection of these intangibles, when they are stored within a computer system, from their unauthorized use by, or interference from, third parties.

The Article …

The Protection Of Digital Information And Prevention Of Its Unauthorized Access And Use In Criminal Law, Carrie Leonetti, Moonho S

Carrie Leonetti

There are a number of valuable intangible properties that do not have specific legislation devoted to their criminal regulation and protection, which poses a vexing problem for the world’s legal systems, which have had an unsatisfactory track record in protecting valuable information over the course of the previous century, giving rise to the need for laws that specifically address issues related to the protection of the integrity of digital information-storage systems. This Article focuses on the protection of these intangibles, when they are stored within a computer system, from their unauthorized use by, or interference from, third parties.

The Article …

The Protection Of Digital Information And Prevention Of Its Unauthorized Access And Use In Criminal Law, Carrie Leonetti, Moonho Song

Carrie Leonetti

There are a number of valuable intangible properties that do not have specific legislation devoted to their criminal regulation and protection, which poses a vexing problem for the world’s legal systems, which have had an unsatisfactory track record in protecting valuable information over the course of the previous century, giving rise to the need for laws that specifically address issues related to the protection of the integrity of digital information-storage systems. This Article focuses on the protection of these intangibles, when they are stored within a computer system, from their unauthorized use by, or interference from, third parties.

The Article …

The Protection Of Digital Information And Prevention Of Its Unauthorized Access And Use In Criminal Law, Carrie Leonetti, Moonho Song

Carrie Leonetti

There are a number of valuable intangible properties that do not have specific legislation devoted to their criminal regulation and protection, which poses a vexing problem for the world’s legal systems, which have had an unsatisfactory track record in protecting valuable information over the course of the previous century, giving rise to the need for laws that specifically address issues related to the protection of the integrity of digital information-storage systems. This Article focuses on the protection of these intangibles, when they are stored within a computer system, from their unauthorized use by, or interference from, third parties.

The Article …

The Protection Of Digital Information And Prevention Of Its Unauthorized Access And Use In Criminal Law, Carrie Leonetti, Moonho Song

Carrie Leonetti

There are a number of valuable intangible properties that do not have specific legislation devoted to their criminal regulation and protection, which poses a vexing problem for the world’s legal systems, which have had an unsatisfactory track record in protecting valuable information over the course of the previous century, giving rise to the need for laws that specifically address issues related to the protection of the integrity of digital information-storage systems. This Article focuses on the protection of these intangibles, when they are stored within a computer system, from their unauthorized use by, or interference from, third parties.

The Article …

The Protection Of Digital Information And Prevention Of Its Unauthorized Access And Use In Criminal Law, Carrie Leonetti, Moonho Song

Carrie Leonetti

There are a number of valuable intangible properties that do not have specific legislation devoted to their criminal regulation and protection, which poses a vexing problem for the world’s legal systems, which have had an unsatisfactory track record in protecting valuable information over the course of the previous century, giving rise to the need for laws that specifically address issues related to the protection of the integrity of digital information-storage systems. This Article focuses on the protection of these intangibles, when they are stored within a computer system, from their unauthorized use by, or interference from, third parties.

The Article …

The Protection Of Digital Information And Prevention Of Its Unauthorized Access And Use In Criminal Law, Carrie Leonetti, Moonho Song

Carrie Leonetti

There are a number of valuable intangible properties that do not have specific legislation devoted to their criminal regulation and protection, which poses a vexing problem for the world’s legal systems, which have had an unsatisfactory track record in protecting valuable information over the course of the previous century, giving rise to the need for laws that specifically address issues related to the protection of the integrity of digital information-storage systems. This Article focuses on the protection of these intangibles, when they are stored within a computer system, from their unauthorized use by, or interference from, third parties.

This Article …

Corruption As Institution Among Small Businesses In Africa, Thomas A. Kelley Iii

Thomas A Kelley III

Suddenly it seems that US-funded international aid programs are all about building rational, predictable institutions to stimulate business in poor countries. The Millennium Challenge Corporation (MCC), a relatively new and increasingly important US aid organization, and the more venerable United States Agency for International Development (USAID), are initiating programs in poor countries around the world based on the assumption that their future stability and prosperity depends on unleashing and guiding the entrepreneurial spirit of small and medium-sized enterprises, and that this can be accomplished by improving the institutions – most particularly the laws and legal enforcement mechanisms – that regulate …

The Dream Act And The Right To Equal Educational Opportunity: An Analysis Of, Ashley Feasley

Ashley Feasley

Under the current U.S. immigration laws, undocumented children face deportation and are frequently denied access to higher education. The 2011 Development, Relief, and Education for Alien Minors (“DREAM”) Act would provide conditional permanent residency to certain illegal alien applicants who graduate from U.S. high schools, are of good moral character, arrived in the U.S. illegally as minors, and have been residing in the U.S. continuously for at least five years prior to the bill's enactment. The DREAM Act proposes touches on a variety of human rights issues, including the right to education and the right to be free from discrimination. …

The Availability Of Takeover Defenses And Deal Protection Devices For Anglo-American Target Companies, Albert "Chip" Saulsbury Iv

Albert "Chip" Saulsbury IV

On July 21, 2011 the U.K.’s Panel on Takeovers and Mergers (the “Panel”) released amendments to the City Code on Takeovers and Mergers (the “Takeover Code”). These amendments, which take effect on September 19, 2011, will have a significant impact on the manner in which companies in the U.K. engage in mergers and acquisitions (“M&A”) and will amplify the differences between British and American deal activity. Because of these amendments to the Takeover Code within the last month, the following Article, The Availability of Takeover Defenses and Deal Protection Devices for Anglo-American Target Companies, is especially timely and will provide …

Property On The Borderline: A Comparative Analysis Of The Legal Status Of Animals In Canada And The United States, Maneesha D. Deckha

Maneesha D Deckha

This Article reviews recent animal-related law reform in the United States in the areas of criminal, tort, family, and estate laws, and juxtaposes these developments with the current state of similar areas of law in Canada. While neither country may be described as “animal-friendly,” the article suggests that the United States is far more willing to challenge the traditional classification of animals as property at least where companion animals are concerned. Canada, in contrast, has remained essentially conservative, failing to engage with the posthumanist questions revisiting animals’ legal status as property that have begun to emerge in American jurisprudence. The …

How Consumer Bankruptcy Reforms Can Help Save Microfinance In India, David E. Solan

David E Solan

The microfinance industry, once touted as one of the best hopes for alleviating poverty in rural India, faced a near collapse in the winter of 2011 as nearly all borrowers in Andhra Pradesh, one of the largest states in India, stopped repaying their loans. This borrower backlash was fueled by widely reported stories of farmer suicides and unscrupulous lending practices. Politicians have responded with populist legislation aimed at curtailing microfinance in India—for example, by capping interest rates. The Article argues that these proposals are misguided in that they would constrict lending to poor villagers.

The Article questions why Indian policymakers …

Towards A Synthesis Between Islamic And Western Jus In Bello, Jacob Turner

Jacob Turner

In the body of international humanitarian law (‘IHL’), there is a lacuna regarding the status of combatants engaged in asymmetric warfare. This has arisen, at least in part, out of a failure to establish a satisfactory distinction between civilians and combatants reflecting the nature of such conflicts and commanding the respect of parties to them. The recent killing of Osama Bin Laden by US Special Forces Operatives has provided publicity to the debates regarding the legal status of irregular combatants. Some have claimed that Bin Laden ought to have been captured alive and tried in a court. The US administration …

"Cost Savings" As Proceeds Of Crime: A Comparative Study Of The United States And The United Kingdom, Richard C. Alexander

Richard C Alexander

The article begins by comparing and contrasting the provisions relating both to asset forfeiture and money laundering under U.S. Federal law and the law of the United Kingdom (in this area, the differences between the provisions of the three jurisdictions making up the United Kingdom are not significant). Some reference is also made to Florida state law, but principally by way of example rather than analysis. It then analyzes the U.S. case law relating to costs saved through the commission of a criminal offense and considers the possible effect of the amendment, made in 2009, to 18 U.S.C. §1956, before …

Demystifying The Determination Of Foreign Law In U.S. Courts: Opening The Door To A Greater Global Understanding, Matthew J. Wilson

Matthew J. Wilson

With globalization and the proliferation of international commercial interaction, U.S. courts commonly encounter issues governed by the laws of other sovereigns. These encounters arise by virtue of private agreements or choice-of-law rules covering contractual relationships, cross-border conduct, tortuous acts, employment matters, intellectual property rights, and various other legal foundations. Because the substantive law applied in an international lawsuit can be outcome-determinative, it is important to accurately ascertain and determine the relevant law. In fact, the proper functioning of private international law in a domestic system is based on the appropriate application of law.

U.S. federal and state courts are presumed …

Standing At The Crossroads: A Review Of The Novel Issues Of Standing At Play In Perry V. Schwarzenegger, Natasha Mennecke

Natasha Mennecke

This piece examines whether the Proponents of Proposition 8 have standing to appeal the district court's decision invalidating the measure. The paper examines the question of federal Article III standing and whether California Law creates a Liberty Interest sufficient for federal standing.

Mediator Qualification Regulations And The 2008 Eu Mediation Directive: A Necessity Or An Impediment ?, Ashley Feasley

Ashley Feasley

With twenty-six European Union (“EU”) Member States set to implement the 2008/52/ 2008 Mediation Directive by May 2011, Europe is currently having a mediation “moment”. The Directive offers the Member States a flexible regulatory mediation framework which enables them to enact a variety of mediation laws as the Directive merely sets minimum guidelines (instead of strict legal regulations) to be incorporated. Despite the flexibility of the Directive, questions relating to the successful implementation of the Directive by May 2011 remain unanswered. In some Member State countries, efforts to implement the Directive and corresponding domestic mediation laws have faced opposition and …

What The United States Can Learn From Other Common Law Countries About Refugee Claims Based On Membership In A Particular Social Group, Judith M. Patterson

Judith M Patterson

The United States, Canada, United Kingdom, New Zealand and Australia have approached the particular social group category of refugees somewhat differently and employed a range of legal concepts. Nonetheless, jurisprudence has yielded remarkably similar results. A consistent understanding of the term particular social group as used in the Convention’s definition of refugee is a desirable goal and considering foreign jurisprudence works toward the goal of achieving uniformity. Additionally, exploring how decision makers in other refugee-receiving common law countries deal with particular social group claims enables jurists in the United States to draw on various perspectives that will serve to clarify …

Exploring The Role Of Legitimacy And Identity In Framing Responses To Global Reforms In Socialist Transforming Asia, John S. Gillespie

John S Gillespie

Exploring the Role of Legitimacy and Identity in Framing Responses to Global Legal Reforms in Socialist Transforming Asia John Gillespie Abstract A bourgeoning literature about socialist transforming Asia (China and Vietnam) shows that economic development is possible without fully functioning legal systems based on laws and institutions derived from North America and Europe. What is less clear is whether over time the regulatory systems in these countries will evolve toward more economically efficient globalized forms of Western governance, as some commentators suggest, or follow a more complex pattern of convergence and divergence. This article advances the debate by investigating the …

Is There An Efficient Antitrust Approach To Health Care?, Kathryn Ciano

Kathryn Ciano

As American states and the federal government wrestle to find a solution to health care reform, some regulators are looking towards antitrust laws in the international marketplace to govern domestic health care policy. Antitrust principles dictate that antitrust authorities must intervene only when pressures become so great as to interfere with the very operations of the market. Pharmaceutical and health care markets rely on free trade and competitive global cooperation, so there is no efficient antitrust approach to health care.

Reducing Carbon Emissions From The Developing World Through Compensated Moratoria: Ecuador’S Yasuní Initiative And Beyond, Thomas M. Gremillion

Thomas M Gremillion

This articles suggests that a proposed alternative for reducing greenhouse gas (GHG) emissions—paying developing countries to forego fossil fuel exploitation in tropical forests, or “compensated moratoria”—could serve an important role in future climate change regulation. The article details Ecuador’s proposal to impose a moratorium on oil exploration in the Amazon rainforest—the Yasuní Initiative—and looks at the implications for broader climate change policy. The article briefly explores the shortcomings of prevailing policy mechanisms for mitigating GHG emissions in developing countries, and discusses how compensated moratoria could help to improve on these shortcomings. The article concludes that compensated moratoria should receive serious …