Law Commons^™

Vietnam's "Entire People Ownership" Of Land: Theory And Practice, Phan Trung Hien, Hugh D. Spitzer

University of Pennsylvania Asian Law Review

The Constitution of Vietnam declares that “[t]he Socialist Republic of Vietnam State is a socialist rule of law State of the People, by the People, and for the People.” It also states that land is “under ownership by the entire people represented and uniformly managed by the State.” This means the entire people of Vietnam are collective landowners and the Vietnam State is their “representative.” Given that, how might the public execute its real ownership—rather than treating “people’s ownership” as just a slogan? This article analyzes the gaps in theory and practice in Vietnam, a country with a robust market …

Deconstructing The Decolonizing Plot Of The Tydings-Mcduffie Act: A Review Of America's International Relations In Asia In The Early Twentieth Century, Alvin Hoi-Chun Hung

University of Pennsylvania Asian Law Review

The Tydings-McDuffie Act was enacted in 1934 to establish a designated path for the Philippines, then an American colony, to become independent after a ten-year transition period. This article looks into the macro-environment of the Asia-Pacific region in the 1930s regarding the impact of the Soviet Union, the Republic of China, the Shōwa empire of Japan, and its puppet state “Manchukuo” in China, embedded within the innumerable socio-political and economic conflicts between the U.S. and the Philippines. The Tydings-McDuffie Act is critically examined to assess its underlying decolonizing plot of the political and economic relationship between the U.S. and the …

Prevention Of Judicial Corruption In Bangladesh: Cutting The Gordian Knot By Ensuring Accountability, S M Solaiman

University of Pennsylvania Asian Law Review

Judicial corruption has eaten away at good governance in Bangladesh for decades, hindering its ambition to attain the United Nations Sustainable Development Goals (“SDGs”) and taking advantage of the absence of any effective accountability mechanism. The magnitude of corruption is so intense that the successive Chief Justices, Attorneys-General, local, and international anti-corruption organizations, and even the Supreme Court of Bangladesh (“SCB”) itself in a judgment have forthrightly admitted the prevalence of judicial corruption. The malpractice does profoundly undermine the rule of law and infringe on the people’s right to fair trial. Corruption is on the rise in the country as …

Intellectual Property Legislation Holism In China, Taorui Guan

University of Pennsylvania Asian Law Review

No abstract provided.

The Emerging Commercial Space Age: Legal And Policy Implications, Gerald L. Adams Iii, Christopher S. Yoo

Journal of Law & Innovation

No abstract provided.

Space Law As Twenty-First Century International Law, Melissa J. Durkee

Journal of Law & Innovation

Space law’s current moment reflects international law’s current moment. That is, lawmaking processes aimed at updating international space law for the commercial space age reveal three larger themes about international lawmaking in the twenty-first century. These themes are: (a) evolutive lawmaking efforts by states; (b) the parallel development of laws in different fora by different actors; and (c) interpretive entrepreneurship by private actors. The themes are interrelated. They offer one story—but not the only possible story—about how international law develops when multilateral cooperation is out of reach. Together, the themes forecast a more pluralist international legal future, demanding new forms …

Controlling Decisions On Anti-Satellite Weapons: A Policy-Oriented Perspective, Gershon Hasin

Journal of Law & Innovation

Through the lens of policy-oriented jurisprudence, this contribution will consider the potential avenues for controlling the decisions of participants when it comes to anti-satellite (“ASAT”) weapons within and outside the formal international lawmaking process. Given that all the major space powers have tested ASAT weapons and are thus primarily exposed to the adverse effects of any further testing and the strategic detriments of further proliferation, their interests seem to align in favor of a testing prohibition and non-proliferation. In fact, the United States has proclaimed a self-ban on destructive testing and has promoted a call for an international testing ban …

From “Open Skies” To Traffic Jams In 12 Ghz: A Short History Of Satellite Radio Spectrum, Thomas Hazlett, Dongning Guo, Michael Honig

Journal of Law & Innovation

As an industry, communications satellites have traced a wobbly trajectory. Envisioned to bring revolutionary advances to telecommunications services in the U.S. Communications Satellite Act of 1962, the marketplace did open via Comsat, a public-private partnership. But the sluggish pace was revealed a decade later when progress increased substantially with the Open Skies policy. Free entry collapsed costs for wide area distribution of broadcasting services, launching the U.S. cable television industry (disrupting the TV broadcasting triopoly) in the 1980s and then direct-to-subscriber satellite TV (challenging the new incumbent cable operators) in the 1990s. In ensuing decades, however, fortunes reversed. Satellite phone …

Property Rights Over The Moon Or On The Moon? The Legality Of Space Resource Exploitation On Celestial Bodies, Frans G. Von Der Dunk

Journal of Law & Innovation

One of the most debated issues in humankind’s ongoing ventures into outer space today from a legal perspective concerns the various plans and projects for long-term human settlements on the Moon and Mars and the accompanying interest in In-Situ Resource Utilization (ISRU) as part of what more commonly is known as “space mining.” Given the lack of precision of the 1967 Outer Space Treaty,1 the lack of support for the 1979 Moon Agreement,2 and the more recent enunciation of a few national laws on the matter,3 major questions arise as to the extent of the legality of commercial exploitation of …

Should Satellite Broadband Be Included In Universal Service Subsidy Programs?, Gregory L. Rosston, Scott J. Wallsten

Journal of Law & Innovation

The United States is at a pivotal moment for broadband competition, with emerging technologies like 5G fixed wireless and Low-Earth Orbit (LEO) satellites offering high-quality broadband service that can be substitutes for wireline service. LEO satellites, especially, can provide cost-effective coverage for areas otherwise very expensive to reach. Despite the quality of these services, the Universal Service Fund (USF), an $8-$9 billion annual broadband subsidy program has traditionally excluded satellite service. NTIA and state regulators also appear ready to severely limit or exclude satellite service from the large new programs designed to eliminate the digital divide. This Article will focus …

Masthead

Journal of Law & Innovation

No abstract provided.

Algorithmic Grey Holes, Alicia G. Solow-Niederman

Journal of Law & Innovation

No abstract provided.

The Dangers Of Automated Gunshot Detection, Maneka Sinha

Journal of Law & Innovation

No abstract provided.

Understanding Criminal Justice Innovations, Meghan J. Ryan

Journal of Law & Innovation

No abstract provided.

Emerging Technology’S Language Wars: Ai And Criminal Justice, Carla L. Reyes

Journal of Law & Innovation

No abstract provided.

Masthead

Journal of Law & Innovation

No abstract provided.

The Supreme Court Review Act: Fast-Tracking The Interbranch Dialogue And Destabilizing The Filibuster, Aaron-Andrew P. Bruhl

JCL Online

This Essay presents an analysis of the Supreme Court Review Act, a bill that was recently introduced in Congress. The Act would create a streamlined legislative process for bills responding to new Supreme Court decisions that interpret federal statutes or restrict constitutional rights. By facilitating legislative responses to controversial cases, the Act would promote the “dialogue” that commentators and the courts themselves have used as a model for interbranch relations. The Essay describes how the proposed Supreme Court Review Act would work, discusses some of its benefits, addresses its constitutionality, and raises some questions about its implementation and effects.

Duty To Contract: Free Labor Ideology And Contractual Freedom In The Postbellum South, 1865-1867, Janice Y. Jiang

JCL Online

This essay explores the ways in which the right to contract interacted with the free labor ideology at this pivotal moment in American legal history. It examines this relationship by looking at the perspectives of four groups of historical actors: grassroots actors such as anti-slavery activists and ordinary laborers, legislatures of the former Confederate states, agents of the Freedmen’s Bureau, and federal lawmakers in the 39th Congress. This essay argues that, although Congress legislated some of the key grassroots demands on a system of free labor and the right to contract through constitutional amendments and federal statutes, enforcement by the …

Compelled Climate Speech, Michael Zschokke

JCL Online

Climate change threatens nearly every corner of human life and may structurally change the global financial system. Investors increasingly demand information about how climate change may impact their investments. In response, the U.S. Securities and Exchange Commission issued a proposed rule that would require registered companies to disclose certain climate-related information in their registration statements and annual reports. But some critics argue that this proposed rule is unconstitutional under the Supreme Court’s current doctrine on compelled and commercial speech.

This doctrine misunderstands the First Amendment. When corporations engage in speech that possesses commercial and non-commercial characteristics, the Court’s binary, categorical …

Regulating Recruitment: Migration, Criminalization, And Compounded Informality, Shikha Silliman Bhattacharjee

University of Pennsylvania Asian Law Review

No abstract provided.

Vol. 19 Masthead

University of Pennsylvania Asian Law Review

No abstract provided.

Resurrecting The Rent Strike Law, Greg Baltz

University of Pennsylvania Journal of Law and Social Change

No abstract provided.

We Have The Right To Play, Duane Rudolph

University of Pennsylvania Journal of Law and Social Change

This article evaluates landmark cases spanning almost seven decades from the Supreme Court of the United States dealing with sexual orientation and gender identity. The cases are as follows: (1) One, Inc. v. Olesen (1958); (2) Boutilier v. Immigration and Naturalization Service (1967); (3) Baker v. Nelson (1972); (4) Rowland v. Mad River Local School District (1985); (5) Bowers v. Hardwick (1986); (6) Hurley v. Irish-American Gay, Lesbian, and Bisexual Group of Boston (1995); (7) Romer v. Evans (1996); (8) Boy Scouts of America v. Dale (1996); (9) Lawrence v. Texas (2003); (10) United States v. Windsor (2013); (11) Hollingsworth …

Masthead

University of Pennsylvania Journal of Business Law

No abstract provided.

A Simple Unifying Framework For Categorizing Disparate Risk Transactions: Securities Investments, Insurance, Gambling, And Derivative Contracts, W. C. Bunting

University of Pennsylvania Journal of Business Law

No abstract provided.

A Weighty Question: Substantial Burden And Free Exercise, Jess Zalph

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Mixed Jurisdiction Law Beyond The Purported Common Law-Civil Law Dichotomy: The Property Endowment In Iran, Markus G. Puder

University of Pennsylvania Asian Law Review

No abstract provided.

Babies And Individual Income Tax: How To Boost China's Fertility, Alex Ang Gao

University of Pennsylvania Asian Law Review

Winner of THE 2023 PAMELA DALEY PRIZE, to the graduating student writing the best paper in the field of tax law.

Contract Logic, Naveen Thomas

University of Pennsylvania Law Review Online

No abstract provided.

Out Of Sight, Out Of Mind: Removing Unhoused People By Proxy Of Mental Illness, Carl Wu

University of Pennsylvania Journal of Law and Social Change

Across the United States, various legal mechanisms have subjected unhoused people to cruel practices that seek to remove them from public view. These practices have included laws that criminalize sleeping in public. Following a decades-long series of Supreme Court decisions, the Ninth Circuit recently struck down these “anti-homeless” laws under the Eighth Amendment’s ban on Cruel and Unusual Punishment and held that one’s status and unavoidable conduct resulting from that status could not be criminalized. Since 2022, a second wave of removal has emerged. California and New York City have both enacted initiatives, shrouded under the guise of a “compassionate” …