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Full-Text Articles in Law
The Canon At The Water's Edge, Thomas B. Bennett
The Canon At The Water's Edge, Thomas B. Bennett
Faculty Publications
What motivates substantive presumptions about how to interpret statutes? Are they like statistical heuristics that aim to predict Congress's most likely behavior, or are they meant to protect certain underenforced values against inadvertent legislative encroachment? These two rationales, fact-based and value-based, are the extremes of a continuum. This Note uses the presumption against extraterritoriality to demonstrate this continuum and how a presumption can shift along it. The presumption operates to diminish the likelihood that a federal statute will be read to extend beyond the borders of the United States. The presumption has been remarkably stable for decades despite watershed changes …
The Full Story Of U.S. V. Smith, America’S Most Important Piracy Case, Joel H. Samuels
The Full Story Of U.S. V. Smith, America’S Most Important Piracy Case, Joel H. Samuels
Faculty Publications
No abstract provided.
Building Bridges To Consumer Remedies In International Econflicts, Amy J. Schmitz
Building Bridges To Consumer Remedies In International Econflicts, Amy J. Schmitz
Faculty Publications
Consumer purchases over the Internet (“ePurchases”) are on the rise, thereby causing an increase in conflicts regarding these purchases (“eConflicts”). Furthermore, these conflicts are increasingly international as consumers purchase goods over the Internet not knowing or caring where the seller is physically located. The problem is that if the purchase goes awry, consumers are often left without recourse due to the futility of pursing international litigation and the textured law and policy regarding enforcement of private dispute resolution procedures, namely arbitration. The United States strictly enforces arbitration contracts in business-to-consumer (“B2C”) relationships, while other countries have refused or limited enforcement …
Overcoming Our Global Disability In The Workforce: Mediating The Dream, Elayne E. Greenberg
Overcoming Our Global Disability In The Workforce: Mediating The Dream, Elayne E. Greenberg
Faculty Publications
The unparalleled global support for the 2008 United Nations Convention on the Rights of Persons with Disabilities ("CRPD") highlights the global schism between the public extolling of human rights for individuals with disabilities and the private castigating of such individuals in their daily lives and in the workforce. The CRPD explicitly mandates that work is a right accorded to individuals with disabilities, and global employers are now being challenged to implement that right. Yet, in order to ensure meaningful, universal compliance with its directives, the CRPD imposes affirmative duties on Supporting States to develop a customized, workable plan that effectively …