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Journal

2019

Discipline
Institution
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Articles 61 - 90 of 6117

Full-Text Articles in Law

Discounts For Fractional Ownership Of Real Property Are Accepted, So Why Haven’T The Irs And Courts Accepted Discounts For Fractional Ownership Of Artwork?, Maren N. Eisenmesser Dec 2019

Discounts For Fractional Ownership Of Real Property Are Accepted, So Why Haven’T The Irs And Courts Accepted Discounts For Fractional Ownership Of Artwork?, Maren N. Eisenmesser

Brooklyn Journal of Corporate, Financial & Commercial Law

In 2014, the Fifth Circuit held that Mr. Elkins’s estate was entitled to apply a fractional ownership discount to determine the taxable value of the undivided interest in artwork. The estate received a $14 million refund plus interest. The Internal Revenue Code directs taxpayers to value the items in a gross estate at their fair market value. Fractional ownership adds another problem in the valuation of an estate’s interest property. In general, courts have accepted fractional ownership discounts for real property. In contrast, courts have been reluctant to apply a fractional ownership discount for artwork. This Note will argue that …

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Pharmaceutical Drug Pricing: The Internet As A Solution For This Health Issue Turned Financial Issue, Thomas P. Kelly Dec 2019

Pharmaceutical Drug Pricing: The Internet As A Solution For This Health Issue Turned Financial Issue, Thomas P. Kelly

Brooklyn Journal of Corporate, Financial & Commercial Law

Over the course of five decades, American annual expenditure on pharmaceutical drugs has increased by more than $350 billion. This drastic increase has led many patients to struggle to afford their necessary, and potentially life-saving, medications. Today’s high pharmaceutical prices are largely due to the fact that name-brand drug manufacturers have few restrictions on how much they can charge for their products. Additionally, name-brand manufacturers are able to monopolize the manufacture of their drugs because patent laws prevent other manufacturers from using the formula of these drugs for two decades. To combat these high prices, this Note proposes a partnership …

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Between Scylla And Charybdis: Maritime Liens And The Bankruptcy Code, Ian T. Kitts Dec 2019

Between Scylla And Charybdis: Maritime Liens And The Bankruptcy Code, Ian T. Kitts

Brooklyn Journal of Corporate, Financial & Commercial Law

Federal courts have had trouble fitting maritime law into the bankruptcy scheme created by the Bankruptcy Code (the Code). Particularly troublesome have been vessel-arrest proceedings that are underway when the vessel’s owner files for bankruptcy. Prior to the enactment of the Code, courts applied the doctrine of custodia legis to decide whether the admiralty or the bankruptcy court would administer the vessel. Since the Code was enacted, courts have generally held that the bankruptcy court gained control. A recent Ninth Circuit decision, however, split with other circuits and seems to have revived custodia legis. This Note argues that the Ninth …

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Artificial Intelligence & Artificial Prices: Safeguarding Securities Markets From Manipulation By Non-Human Actors, Daniel W. Slemmer Dec 2019

Artificial Intelligence & Artificial Prices: Safeguarding Securities Markets From Manipulation By Non-Human Actors, Daniel W. Slemmer

Brooklyn Journal of Corporate, Financial & Commercial Law

Securities traders are currently competing to use Artificial Intelligence (A.I.) in order to make more profitable decisions in the marketplace. While A.I. provides superior abilities in recognizing market patterns, its complexity can obscure its decision-making process beyond human comprehension. Problematically, the current securities laws prohibiting manipulation of securities prices rest liability for violations on a trader’s intent. In order to prepare for A.I. market participants, both courts and regulators need to accept that human concepts of decision-making will be inadequate in regulating A.I. behavior. However, the wealth of case law in the market manipulation doctrine need not be cast aside. …

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The First Amendment And The Imminence Of Harm, Floyd Abrams Dec 2019

The First Amendment And The Imminence Of Harm, Floyd Abrams

Brooklyn Law Review

Noted First Amendment litigator Floyd Abrams engages questions about the past, the present and the future of free speech directly by considering the key words from Justice Holmes’s canonical formulation for the constitutional standard governing regulation of incitement speech—the requirement that any danger justifying such speech regulation must be “clear and present.” Mr. Abrams asks what types of “danger” are sufficiently “present” to provide that justification, using as examples the Communist teachings at issue in Dennis v. United States and The Progressive magazine’s publication of plans for constructing a hydrogen bomb. While Mr. Abrams reaches no hard and fast conclusion …

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Brandenburg And Terrorism In The Digital Age, David S. Han Dec 2019

Brandenburg And Terrorism In The Digital Age, David S. Han

Brooklyn Law Review

This essay explores the tension between the longstanding Brandenburg standard and the current technological context—one in which abstract advocacy of terrorist conduct, widely and cheaply disseminated through the internet and channeled through social media, has contributed to a number of devastating attacks such as the Orlando nightclub shooting, the Boston marathon bombings, and the shootings in San Bernardino. It does so through the lens of the Supreme Court’s recent decision in Carpenter v. United States—a Fourth Amendment case that similarly dealt with the collision between the longstanding constitutional righThis essay explores the tension between the longstanding Brandenburg standard and the …

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#Losingthethread: Recognizing Assembly Rights In The New Public Forum, Liz Grefrath Dec 2019

#Losingthethread: Recognizing Assembly Rights In The New Public Forum, Liz Grefrath

Brooklyn Law Review

The specter of banishment from the vibrant public forum of social media to the empty streets and deserted sidewalks is a matter of increasing political, social, and cultural importance. Today, nearly every government official maintains a social media presence on Facebook or Twitter, generally to promote initiatives, share ideological positions, engage constituents, and tangle with critics. Privacy controls and content moderation tools, however, offer government officials tantalizing opportunities to discretely and effectively muffle disapproval, stifle dissent, and shield themselves from criticism on their public social media pages through “blocking” features. Courts are just starting to grapple with the First Amendment …

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Words We Fear: Burning Tweets & The Politics Of Incitement, Rachel E. Vanlandingham Dec 2019

Words We Fear: Burning Tweets & The Politics Of Incitement, Rachel E. Vanlandingham

Brooklyn Law Review

The United States government has long wrestled with the link between speech and violence, periodically employing speculative claims of potential violence and law-breaking to suppress political speech in times of national insecurity. By the late 1960s, however, the Supreme Court fully operationalized the First Amendment’s premise that most government speech suppression is antithetical to self-government, individual autonomy, equality, and liberty. The Court therefore, required immediacy of potential violence before the government could punish speech advocating such illegality, but left private actors free to censor and suppress speech. Today, social media companies, at the behest of the government, are doing what …

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"Incitement Lite" For The Nonpublic Forum, Leslie Gielow Jacobs Dec 2019

"Incitement Lite" For The Nonpublic Forum, Leslie Gielow Jacobs

Brooklyn Law Review

The incitement exception set out in Brandenburg v. Ohio defines the authority of the government, acting in its sovereign capacity, to impose criminal punishment on speakers because the content of their advocacy may persuade listeners to commit crimes. Nonpublic forum managers have much greater flexibility than the government-as-sovereign to restrict the private speakers they invite onto their property because the content of their speech may persuade listeners to engage in harmful conduct. In nonpublic forum management, speakers experience no sanctions and, unlike the government-as-sovereign, nonpublic forum managers may close their forums to all private speakers to avoid unwanted speech. This …

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The Oecd Multilateral Tax Instrument: A Model For Reforming The International Investment Regime?, Wolfgang Alschner Dec 2019

The Oecd Multilateral Tax Instrument: A Model For Reforming The International Investment Regime?, Wolfgang Alschner

Brooklyn Journal of International Law

The international tax and investment regimes display striking similarities. They are both based on thousands of bilateral treaties that follow similar principles but differ in fine print. They each facilitate the free flow of international capital by respectively disciplining fiscal and regulatory host state conduct. Finally, they share common historical foundations and have experienced similar periods of rapid diffusion and deep contestation. Yet, while the international tax regime recently accomplished a sweeping reform to solve a decades-old legitimacy crisis, the investment regime is still grappling with its own legitimacy crisis and reform. In 2018, the multilateral tax instrument (MLI) entered …

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Coming To Terms With Wartime Collaboration: Post-Conflict Processes & Legal Challenges, Shane Darcy Dec 2019

Coming To Terms With Wartime Collaboration: Post-Conflict Processes & Legal Challenges, Shane Darcy

Brooklyn Journal of International Law

The phenomenon of collaboration during wartime is as old as war itself. During situations of armed conflict, civilians or combatants belonging to one party to the conflict frequently provide assistance to the opposing side in various ways, such as by disclosing valuable information, defecting and fighting for the enemy, engaging in propaganda, or providing administrative support to an occupying power. Such acts of collaboration have been punished harshly, with violent retribution often directed at alleged collaborators during armed conflict, while states and at times non-state actors have prosecuted and punished collaboration as treason or related offenses in times of war. …

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How Much Do Expert Opinions Matter? An Empirical Investigation Of Selection Bias, Adversarial Bias, And Judicial Deference In Chinese Medical, Chunyan Ding Dec 2019

How Much Do Expert Opinions Matter? An Empirical Investigation Of Selection Bias, Adversarial Bias, And Judicial Deference In Chinese Medical, Chunyan Ding

Brooklyn Journal of International Law

This article investigates the nature of the operation and the role of expert opinions in Chinese medical negligence litigation, drawing on content analysis of 3,619 medical negligence cases and an in-depth survey of judges with experience of adjudicating medical negligence cases. It offers three major findings: first, that both parties to medical negligence disputes show significant selection bias of medical opinions, as do courts when selecting court-appointed experts; second, expert opinions in medical negligence litigation demonstrate substantial adversarial bias; third, courts display very strong judicial deference to expert opinions in determining medical negligence liability. This article fills the methodological gap …

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Kicking The Law: The Effects Of Fifa Regulations On A World Cup Host Country’S Legislative Process In Regards To Intellectual Property Protection, Nicole-Amanda Brandofino Dec 2019

Kicking The Law: The Effects Of Fifa Regulations On A World Cup Host Country’S Legislative Process In Regards To Intellectual Property Protection, Nicole-Amanda Brandofino

Brooklyn Journal of International Law

Brand protection is highly sought after by large organizations that seek to monetize valuable intellectual property. At the international level, treaties such as the TRIPS Agreement allow for protection amongst signatory nations. As a leader in the international sports field, FIFA has capitalized on its well-known brand throughout the world through the selling of merchandise and licensing to influential third parties. With the occurrence of the World Cup every four years, FIFA strives to uphold the high revenue it earns through its wide intellectual property portfolio. As the World Cup host country prepares for the tournament, it must abide by …

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Sovereign Immunity For Russia's Rocket Engines? Enforcing The "Yukos" Award, Evan Drake Dec 2019

Sovereign Immunity For Russia's Rocket Engines? Enforcing The "Yukos" Award, Evan Drake

Brooklyn Journal of International Law

In 2003 Yukos Oil Company was once the largest oil company in Russia, and its oligarch CEO was Russia’s richest man. By 2007 Yukos had been dissolved, its CEO arrested, and its assets acquired by Russian state oil giants Rosneft and Gazprom. The fall of Yukos triggered what may be the largest arbitral dispute of all time. In 2014, the former shareholders of Yukos successfully won a $50 billion award against Russia for violations of the Energy Charter Treaty – by far the largest in history. Now the shareholders need to collect. This Note examines how Yukos could enforce its …

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The Clone Wars: The Right To Embryonic Gene Editing Under German Law, Keren Goldberger Dec 2019

The Clone Wars: The Right To Embryonic Gene Editing Under German Law, Keren Goldberger

Brooklyn Journal of International Law

Germany has the strictest genetic engineering laws in the world and bans virtually all kinds of embryonic gene editing. Since the invention of CRISPR, however, embryonic gene editing is more precise, and the possibilities of curing genetic diseases are more real than ever. This Note will argue for the right to embryonic gene editing through an analysis of German constitutional privacy and right to life jurisprudence. Ultimately, this Note argues for a right to procreate under German law that is backed by the state’s affirmative duty to encourage and protect life. When the technology is available, German Law should not …

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Third-Party Funding: The Road To Compatibility In International Arbitration, Vienna Messina Dec 2019

Third-Party Funding: The Road To Compatibility In International Arbitration, Vienna Messina

Brooklyn Journal of International Law

Third-party funding in global commerce and dispute resolution has gained considerable traction in the last few decades. The rise in complex international arbitration cases has encouraged a demand for third-party funding arrangements since the disputes involve large amounts of money in addition to high legal costs. This Note explores the implications of third-party funding on the practice of international arbitration, particularly with the expansion of arbitral institutions’ doctrinal rules to address the use of third-party funding. Much of the pre-existing research and literature highlights the issues that third-party funding poses in international arbitration proceedings, but fails to consider a broader, …

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Looking To The United Kingdom To Overhaul New York State’S Paid Family Leave Law And Close The Global Gender Gap, John Pietruszka Dec 2019

Looking To The United Kingdom To Overhaul New York State’S Paid Family Leave Law And Close The Global Gender Gap, John Pietruszka

Brooklyn Journal of International Law

The World Economic Forum estimates that mitigating gender-based disparities in the area of economic participation could lead to substantial economic benefits for the global economy. However, the international system of sovereign states requires this effort be piecemeal, as each state must set priorities to achieve greater gender parity within its own economic, political, and cultural contexts. The United States, by virtue of being the largest economy in the world by nominal GDP, undoubtedly has one of the largest roles to play in the effort to mitigate this global problem. Nonetheless, it lags behind other nation-states in several key areas that …

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“Hey Alexa, Do Consumers Really Want More Data Privacy?”: An Analysis Of The Negative Effects Of The General Data Protection Regulation, Katherine M. Wilcox Dec 2019

“Hey Alexa, Do Consumers Really Want More Data Privacy?”: An Analysis Of The Negative Effects Of The General Data Protection Regulation, Katherine M. Wilcox

Brooklyn Law Review

Recent news articles discuss the flooding of email inboxes with lengthy terms and condition updates, viral videos of Mark Zuckerberg’s public Cambridge Analytica hearing before Congress, and the phenomenon of internet advertisements appearing for items that consumers merely searched for on Google a day prior. Effective as of May 25, 2018, the European Union’s General Data Protection Regulation (GDPR) established a framework that sets legal standards targeted at businesses and other data collectors to dramatically increase data privacy protections for citizens of the EU. Consumers, however, do not seem to appreciate these increased protections, as they rarely read the updated …

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To 13(B) Or Not To Be? How The Seventh Circuit’S Narrow Interpretation Of Remedies Under Section 13(B) Of The Ftc Act Leaves The Ftc Vulnerable, Jamie N. Noonan Dec 2019

To 13(B) Or Not To Be? How The Seventh Circuit’S Narrow Interpretation Of Remedies Under Section 13(B) Of The Ftc Act Leaves The Ftc Vulnerable, Jamie N. Noonan

Seventh Circuit Review

The Federal Trade Commission (“FTC”) has been the most efficient regulator of commerce for over a century. It serves as the primary line of defense against anticompetitive, deceptive, and unfair business practices. Between July 2017 and July 2018 alone the FTC obtained a total of 114 court orders totaling $563 million and led refund programs that delivered $2.3 billion in refunds to wronged customers. To continue obtaining such results and ensuring a fair marketplace, the FTC requires a broad range of enforcement powers. But key FTC enforcement powers under Section 13(b) of the FTC Act—the primary provision that the FTC …

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Exposing The Unconstitutionality Of The Illinois Firearm Concealed Carry Act, Adam J. Share Dec 2019

Exposing The Unconstitutionality Of The Illinois Firearm Concealed Carry Act, Adam J. Share

Seventh Circuit Review

While the right to bear arms may be controversial, it is nonetheless provided by the Second Amendment to the United States Constitution. States are lawfully able to limit people’s right to bear arms to an extent but must not go so far where a State’s limits ultimately infringe upon that right. The Seventh Circuit in Culp v. Raoul pushed the limits to which a State may restrict a person’s Second Amendment right. In Culp, the court determined whether the Illinois Firearm Concealed Carry Act was constitutional. The Illinois Firearm Concealed Carry prohibits nonresidents from applying for an Illinois concealed …

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Chasing Title Ix: Examining The Circular Effects Of Title Ix From An Unpopular Perspective, Mitchell W. Bild Dec 2019

Chasing Title Ix: Examining The Circular Effects Of Title Ix From An Unpopular Perspective, Mitchell W. Bild

Seventh Circuit Review

The rise in sexual misconduct awareness campaigns, particularly on college campuses, has brought a traditionally-taboo subject to the fore of national discourse. Accordingly, the federal government has required public institutions of higher education to respond aggressively to accusations of sexual misconduct by expanding the reach of Title IX’s prohibition on sex discrimination and relaxing adjudicative procedures. To enforce these changes, the U.S. Department of Education threatened to withdraw federal funding from institutions that failed to comply with its mandates after engaging in public investigations, therefore resulting in financial and reputational ruin. This aggressive practice has resulted in a systematic and …

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Unreasonable: Judge Easterbrook, The Seventh Circuit, & The Deterioration Of Fourth Amendment Protection For Convicted Prisoners, Clayburn E. Arnold Dec 2019

Unreasonable: Judge Easterbrook, The Seventh Circuit, & The Deterioration Of Fourth Amendment Protection For Convicted Prisoners, Clayburn E. Arnold

Seventh Circuit Review

How limited are the constitutional rights of convicted prisoners? In a line of cases authored by Judge Easterbrook, the Seventh Circuit has allowed greater intrusion on Fourth Amendment privacy rights of prisoners than any other circuit. Today, even arbitrary and degrading visual body-cavity searches are deemed constitutional under this line of precedent. The deference to prison officials—who lack any meaningful oversite—is unwise, and leaves prisoners without a necessary protection against abuse. The Court should employ a workable standard that respects the rights of prisoners and protects them from abuse. Considering dignity within the realm of Fourth Amendment protections would meet …

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When Insurance Companies Meet Their Match, The Seventh Circuit Resolves Ambiguous Replacement-Cost Policy Language, Sarah G. Anderson Dec 2019

When Insurance Companies Meet Their Match, The Seventh Circuit Resolves Ambiguous Replacement-Cost Policy Language, Sarah G. Anderson

Seventh Circuit Review

Disaster strikes and you, as a homeowner, are left with a partially damaged building. That is the first mess. The next mess? Arguing with your insurance company over your replacement-cost policy language. In cases of partial damage to property, replacement cost policies have often been ambiguous regarding what property the insurer will actually replace. If the siding on your house was damaged, you might wonder if the insurance company is replacing the siding on the whole house or just the siding on the side that was damaged? The insureds will argue that entire replacement should occur—for example, all the shingles …

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Jurisdiction Means Jurisdiction Not Claims-Processing: The Seventh Circuit’S Flawed Approach To Pereira V. Sessions In Ortiz-Santiago V. Barr, Mayra Gomez Dec 2019

Jurisdiction Means Jurisdiction Not Claims-Processing: The Seventh Circuit’S Flawed Approach To Pereira V. Sessions In Ortiz-Santiago V. Barr, Mayra Gomez

Seventh Circuit Review

“Jurisdiction is [not necessarily] a word of too many meanings.” Jurisdiction, in its most basic terms, refers to a court’s adjudicatory authority over a case or individual. However, courts’ holdings distinguishing between what is a jurisdictional rule and what is a claims-processing rule have left immigrants even more vulnerable to judges’ discretion. In Santiago-Ortiz v. Barr, the Seventh Circuit held that incomplete charging documents known as notices to appear do not present a jurisdictional question, but rather, a claims-processing one, violations of which can be forfeited if not raised in a timely manner. While some may refer to this distinction …

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Critical Engagement On Digital Sovereignty In International Relations: Actor Transformation And Global Hierarchy, Abid A. Adonis Dec 2019

Critical Engagement On Digital Sovereignty In International Relations: Actor Transformation And Global Hierarchy, Abid A. Adonis

Global: Jurnal Politik Internasional

The idea of digital sovereignty in the last twenty years increasingly reifies into chiefly policy making debates as the reaction of China’s determined activism on internet governance, Snowden’s case, and increasingly big internet corporations’ unchecked endeavors. International actors’ growing concerns on security, economy, data protection, and socio-political issues invoke new discourses on digital sovereignty since it bears global political consequences by nature. This stimulates recent intellectual debate in academic literature on how digital sovereignty affects (or be affected by) international politics. This article critically examines the development of digital sovereignty literatures. This article classifies literature taxonomically on four major themes: …

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Indonesia And United States General System Of Preference (Us-Gsp): Eligibility Of Indonesia As A Beneficiary Country, Achmad Ismail Dec 2019

Indonesia And United States General System Of Preference (Us-Gsp): Eligibility Of Indonesia As A Beneficiary Country, Achmad Ismail

Global: Jurnal Politik Internasional

After 3 years, precisely in 2018, the United States reviewed Indonesia's eligibility in receiving US-General System of Preference (US-GSP) facilities. Interestingly, the results of the review have not yet been published. This happens for the United States assumes that Indonesia implements various trade and investment barriers that have a negative impact on the United States, one of which is due to the policy of limiting imports of horticultural products, the implementation of Gerbang Pembayaran Nasional (GPN) and so on. Then with the current conditions, how about the eligibility of Indonesia if it want to receive GSP facilities. This article argues …

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Indonesia’S Image From China’S Perspective On South China Sea Dispute (A Preliminary Study On China’S Perception On Indonesia), Ardina Kartikasari Dec 2019

Indonesia’S Image From China’S Perspective On South China Sea Dispute (A Preliminary Study On China’S Perception On Indonesia), Ardina Kartikasari

Global: Jurnal Politik Internasional

This paper discusses the image of Indonesia in the eyes of China on the South China Sea (SCS) dispute. China circulated the map of Nine-dotted lines in 1993 and since then China has behaved ambiguously towards Indonesia as the dotted lines encompasses some part of Indonesia’s North Natuna waters. China insists two countries have overlapping interests over some of Indonesia’s Natuna Exclusive Economic Zone which China claims as it traditional fishing ground. China, however recognizes Indonesia’s sovereignty over the Natuna Islands and has been cautious when dealing with Indonesia on the Natuna issue. This behavior continues until the last three …

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Towards Perpetual Peace: The Dynamics Of Us And Vietnam Relations Since The Settlement Of Agent Orange Case In 2000, Bhakti Putra Utama, Shary Charlotte Pattipeilhy, Reni Windiani Dec 2019

Towards Perpetual Peace: The Dynamics Of Us And Vietnam Relations Since The Settlement Of Agent Orange Case In 2000, Bhakti Putra Utama, Shary Charlotte Pattipeilhy, Reni Windiani

Global: Jurnal Politik Internasional

Agent Orange is a toxic chemical liquid used by the United States military during the Vietnam War in 1955-1975. The use of chemical weapons is classified as a form of crime due to violations of international agreements. This research tries to explain how Agent Orange has become a significant factor in the dynamics of relations between the US and Vietnam. The dynamics will be analyzed using the concept by Immanuel Kant. There are 6 articles that must be done to achieve lasting peace, but this article only discusses articles 1, 5, and 6 which are the basis for the establishment …

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Escalation Of Military Conflict Between India And Pakistan In The Post Lahore Declaration (1999 – 2019): Security Dilemma Perspective, Dwi Impiani Dec 2019

Escalation Of Military Conflict Between India And Pakistan In The Post Lahore Declaration (1999 – 2019): Security Dilemma Perspective, Dwi Impiani

Global: Jurnal Politik Internasional

This paper describes the military conflict escalation between India and Pakistan in the period after 1999 Lahore Declaration. After several major wars, military conflicts between the two countries continued to this day. Previous studies on the India-Pakistan conflict only discussed the causes of this conflict and efforts to resolve conflicts. The studies are divided into three major perspectives, namely; security, domestic politics, and political economy, but none has explained how this military conflict is relatively lasting. Using security dilemma as an analytical framework, this paper will explain the variables of the security dilemma that have contributed to the escalating tensions …

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Strategy To Strengthen Cooperation Between The European Union And The Mediterranean Countries Through The Union For Mediterranean (Ufm), Elistania Elistania, Farandy Nurmeiga, Agung Permadi Dec 2019

Strategy To Strengthen Cooperation Between The European Union And The Mediterranean Countries Through The Union For Mediterranean (Ufm), Elistania Elistania, Farandy Nurmeiga, Agung Permadi

Global: Jurnal Politik Internasional

The European Union is an example of regional cooperations that represents regional identity. In the midst of the process of integration and expansion of membership, the European Union has an interest in building good relations with non-member countries in the immediate region, including the Mediterranean. The process of establishing cooperation between the European Union and the Mediterranean countries continues to change. The Euro-Mediterranean Partnership (EMP) in 1995 was the place for regional cooperation with most member countries and had a well-structured pillar of cooperation. However, the two entities re-formed a new cooperative platform, The Union for Mediterranean (UfM) in 2008. …

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