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2017

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Institution
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Articles 15061 - 15077 of 15077

Full-Text Articles in Law

Transnational Legal Practice [2016], Laurel S. Terry Dec 2016

Transnational Legal Practice [2016], Laurel S. Terry

Laurel S. Terry

This Transnational Legal Practice (TLP) Year-in-Review article continues the tradition of collecting and publicizing the developments that occurred during the past year.  It focuses on developments that occurred during 2016.   
 
The 2014 TLP Year-in-Review provided a departure from the Year-in-Review’s typical method of presentation by identifying two categories of what that article called “TLP-Nets.”  See
Laurel S. Terry and Carole Silver, Transnational Legal Practice [2014], 49 ABA/SIL (n.s.) 413 (2015).   One group of TLP-Nets is nationally based and the other is inherently transnational.  
 
This article uses the TLP-Nets structure set forth in the 2014 TLP …

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Rural Women And Developments In The Undue Burden Analysis: The Effect Of Whole Woman's Health V. Hellerstedt, Hannah Haksgaard Dec 2016

Rural Women And Developments In The Undue Burden Analysis: The Effect Of Whole Woman's Health V. Hellerstedt, Hannah Haksgaard

Hannah Haksgaard

No abstract provided.

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Making America Equal Again - An Interview With Robert Ahdieh, Robert B. Ahdieh Dec 2016

Making America Equal Again - An Interview With Robert Ahdieh, Robert B. Ahdieh

Robert B. Ahdieh

During the recently completed presidential election cycle, a number of the most contentious issues concerned questions of equality—including debates around wealth distribution, access to health, women’s issues, and race relations. Robert B. Ahdieh is the Vice Dean and K.H. Gyr Professor of Private International Law at Emory University School of Law. He is a leading expert in corporate law and financial regulation, international trade, and administrative law. The Emory Corporate Governance and Accountability Review (ECGAR) is fortunate that Dean Ahdieh was able to take time to share his thoughts with Prasad Hurra regarding the priorities for the next president—and particularly …

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Property And The True-Sale Doctrine.Pdf, Heather Hughes Dec 2016

Property And The True-Sale Doctrine.Pdf, Heather Hughes

Heather Hughes

The true-sale doctrine governs financial transactions involving hundreds of billions of dollars each year. Yet this doctrine is confused, unsettled and subject to differing approaches from state to state: it lacks normative foundation and it lacks coherence. The true-sale doctrine determines the fate of investors asserting ownership of securitized assets at the expense of unsecured creditors, such as employees. It distinguishes assignments to secure loans (leaving assets potentially reachable by unsecured creditors), from outright sales (making assets the exclusive property of investors). A rich literature addresses the efficiency of securitization. But scholars and policy-makers have failed to sufficiently relate positions …

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What We Buy When We "Buy Now", Aaron Perzanowski, Chris Jay Hoofnagle Dec 2016

What We Buy When We "Buy Now", Aaron Perzanowski, Chris Jay Hoofnagle

Chris Jay Hoofnagle

Retailers such as Apple and Amazon market digital media to consumers using the familiar language of product ownership, including phrases like “buy now,” “own,” and “purchase.” Consumers may understandably associate such language with strong personal property rights. But the license agreements and terms of use associated with these transactions tell a different story. They explain that ebooks, mp3 albums, digital movies, games, and software are not sold, but merely licensed. The terms limit consumers' ability to resell, lend, transfer, and even retain possession of the digital media they acquire. Moreover, unlike physical media products, access to digital media is contingent …

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American Equal Protection And Global Convergence, Holning Lau, Hillary Li Dec 2016

American Equal Protection And Global Convergence, Holning Lau, Hillary Li

Holning Lau

Commentators have noted that equal protection doctrine is in a state of transformation. The nature of that transformation, however, is poorly understood. This Article offers a clearer view of the change underway. This Article is the first to reveal and synthesize three major trajectories along which the U.S. Supreme Court has begun to move. First, the Court has begun to blur the line that it previously drew between facial discrimination and disparate impact. Second, the Court has begun to collapse its previously established tiered standards for reviewing discrimination. These two trajectories combine to produce a third trajectory of change: by …

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Marriage Equality And Family Diversity: Comparative Perspectives From The United States And South Africa, Holning Lau Dec 2016

Marriage Equality And Family Diversity: Comparative Perspectives From The United States And South Africa, Holning Lau

Holning Lau

This Article explores the topic of family diversity through a comparative analysis of law in the United States and South Africa. Juxtaposing these countries sheds light on shortcomings of the United States’s jurisprudence on family diversity. The comparative analysis also helps illuminate the path ahead for reforming both countries’ laws to better respect family diversity.

The Article proceeds in two parts. Part I examines the United States’s and South Africa’s competing approaches to same-sex marriage. Both countries’ highest courts ruled that excluding same-sex couples from marriage is unconstitutional, but they took divergent paths to reach that conclusion. This Article contends …

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Placemaking And Assessing Physical Space In The Academic Law Library, Lee Peoples Dec 2016

Placemaking And Assessing Physical Space In The Academic Law Library, Lee Peoples

Lee Peoples

No abstract provided.

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United Nations Against Slavery: Unravelling Concepts, Instiutions And Obligations, Vladislava Stoyanova Dec 2016

United Nations Against Slavery: Unravelling Concepts, Instiutions And Obligations, Vladislava Stoyanova

Vladislava Stoyanova

2016 marks ninety years since the adoption of the Slavery Convention, the first multilateral treaty which provides a definition of slavery in international law and which obliges its State Parties to bring about the abolition of slavery. The latter obligation was not immediate since abolition had to be achieved only ‘progressively and as soon possible’. This qualifier testified to the overall ambivalent position of states towards abolition at that time. 2016 also marks fifty years since the adoption of the International Covenant on Civil and Political Rights (ICCPR or the Covenant). With its comprehensive territorial scope amounting to a total …

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When Does Cultural Satire Cross The Line In The Global Human Rights Regime?: The Charlie Hebdo Controversy And Its Implication For Creating A New Paradigm To Assess The Bounds Of Freedom Of Expression, Kwanghyuk Yoo Dec 2016

When Does Cultural Satire Cross The Line In The Global Human Rights Regime?: The Charlie Hebdo Controversy And Its Implication For Creating A New Paradigm To Assess The Bounds Of Freedom Of Expression, Kwanghyuk Yoo

Dr. Kwanghyuk David Yoo

Social justice does not exist in a vacuum. Social justice deters human rights policies from crossing the line. Thus, the principle of justice counterbalances the evils of the laissez-faire human rights philosophy when society lacks an appropriate form of legal or regulatory framework for legitimate restraints on human rights. Moreover, well-ordered just society does not allow human rights to be abused or curtailed beyond the level necessary to safeguard superior social norms or national interests. As such, human rights are subject to relative protection while they receive universal respect across the world. From a semantic standpoint, two ambivalent natures of …

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Harmonizing Cultural Ip Across Borders: Fashionable Bags & Ghanaian Adinkra Symbols, Janewa Osei Tutu Dec 2016

Harmonizing Cultural Ip Across Borders: Fashionable Bags & Ghanaian Adinkra Symbols, Janewa Osei Tutu

J. Janewa Osei-Tutu

Global copyright and trademark laws protect symbols, names, and literary and artistic works. However, when their primary significance is cultural, because they are neither individual original works nor symbols that are used as commercial identifiers, intellectual property laws do not protect these symbols or artistic works. This is true, even if these goods are protected under national laws as part of that nation’s cultural heritage. Once these cultural goods cross borders, there is no international law that will enable the country from which these goods originate to assert its rights in other countries. This Article characterizes these cultural goods as …

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Economic Coercion And The Limits Of Sovereignty: Cuba’S Embargo Claims Against The United States, Jose M. Gabilondo Dec 2016

Economic Coercion And The Limits Of Sovereignty: Cuba’S Embargo Claims Against The United States, Jose M. Gabilondo

José Gabilondo

While scholars and journalists have written exhaustively about the property claims against Cuba certified by the U.S. Foreign Claims Settlement Commission, little attention has been paid to Cuba’s public international law claim against the United States for embargo losses caused by its unilateral sanctions. As a result of the normalization process between the two countries that began in 2014, resolving both the property claims and the embargo claim has become a diplomatic priority. While conceding the doctrinal limitations under existing authorities, this paper critically evaluates Cuba’s claim and presents strong legal support for it.

Public international law provides no exact …

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Understanding Insurance Policies As Noncontracts: An Alternative Approach To Drafting And Construing These Unique Financial Instruments, Christopher French Dec 2016

Understanding Insurance Policies As Noncontracts: An Alternative Approach To Drafting And Construing These Unique Financial Instruments, Christopher French

Christopher C. French

Insurance policies commonly are understood to be a species of standardized contracts. This Article challenges that conventional wisdom and argues that insurance policies do not actually qualify as contracts under the doctrinal and theoretical bases of contract formation. It examines the process by which insurance policies are created and sold, and measures that process against the requirements for contract formation. This Article also distinguishes insurance policies from other types of standardized contracts, such as wrap agreements, which currently are the subject of much litigation and scholarly commentary. It then explores the doctrinal and theoretical bases underlying the specialized rules that …

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Insurance Policies: The Grandparents Of Contractual Black Holes, Christopher French Dec 2016

Insurance Policies: The Grandparents Of Contractual Black Holes, Christopher French

Christopher C. French

In their recent article, The Black Hole Problem in Commercial Boilerplate, Professors Stephen Choi, Mitu Gulati, and Robert Scott identify a phenomenon found in standardized contracts they describe as “contractual black holes.” The concept of black holes comes from theoretical physics. Under the original hypothesis, the gravitational pull of a black hole is so strong that once light or information is pulled past an event horizon into a black hole, it cannot escape. In recent years, the theory has been reformulated and now the hypothesis is that some information can escape, but it is so degraded that it is virtually …

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Rescinding Daca: More Than Just The Dreamers, Craig B. Mousin Dec 2016

Rescinding Daca: More Than Just The Dreamers, Craig B. Mousin

Craig B. Mousin

No abstract provided.

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The Bible: The Perfect Primer On Immigration Law For Senator Sessions,” Chicago Theological Seminary, Craig B. Mousin Dec 2016

The Bible: The Perfect Primer On Immigration Law For Senator Sessions,” Chicago Theological Seminary, Craig B. Mousin

Craig B. Mousin

... But what would Senator Sessions advocate if his Bible was not available to guide his decisions? I suggest a simple thought experiment. What if the immigration law that he has so energetically advocated held force during biblical times? What if the biblical protagonists were subject to these civil and criminal restrictions? Some might be barred and others deported from the land prior to engaging in the activity that then became part of not only the biblical narrative, but western culture....

Rev. Mousin is the author of “You Were Told to Love the Immigrant, But What if the Story Never …

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Actuarial Soundness, The Meaning Of "Commensurate," And A "Sniff Test", Thomas E. Simmons Dec 2016

Actuarial Soundness, The Meaning Of "Commensurate," And A "Sniff Test", Thomas E. Simmons

Thomas E. Simmons

No abstract provided.

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