Law Commons^™

Corporate Response To The War In Ukraine: Stakeholder Governance Or Stakeholder Pressure?, Anete Pajuste, Anna Toniolo

Emory Corporate Governance and Accountability Review

This Article empirically investigates the corporate response to the Russian invasion of Ukraine in the framework of the stakeholder capitalism debate. Some describe corporate leaders’ decision to withdraw from Russia as an example of stakeholder governance, maintaining that they placed social responsibility over profits. Others question the authenticity of corporate support for Ukraine and argue that companies left Russia mainly driven by operational and reputational concerns.

Against this backdrop, we conduct an empirical study of reactions to the outbreak of the war from companies in the S&P500 and STOXX600 indices. We explore whether managers effectively decided mostly on ethical and …

Coase And Accommodation: A Reply, Frederick Mark Gedicks

Emory Law Journal

Many years ago, when I was a fresh-faced appointments candidate hoping to teach constitutional law, my dean at USC recommended some reading to ease me into the scholarly flow. One suggestion—which I took—was The Constitution, the Courts, and Human Rights.[1] I never imagined its author would become a mentor, colleague, and friend.

Several years into my first appointment at a law school in the rural South, I received a note from Michael (whom I had not yet met) telling me that, in a recent speech, he’d quoted something I’d published—a small but characteristically generous gesture that meant everything to …

Foreword, Margaret F. Sport

Emory International Law Review

No abstract provided.

Viral Sovereignty, Vaccine Diplomacy, And Vaccine Nationalism: The Institutions Of Global Vaccine Access, Sam F. Halabi, Ana Santos Rutschman

Emory International Law Review

The COVID-19 pandemic has triggered a global vaccine race. Distributive questions about which countries will receive scarce doses and under which conditions pervade international law and diplomacy. This Article is the first to describe the phenomena that have driven the development of international vaccine-sharing mechanisms, identify the international organizational forces that explain the phenomena, and explain how international organizations may facilitate international cooperation before, during, and after global crises.

This Article explores the longstanding dissociation between global public health imperatives and nationalist responses to pandemics within the frameworks of “vaccine nationalism,” “viral sovereignty,” and “vaccine diplomacy.” The Article then considers …

Extrajudicial Killings In Bangladesh: Exploring The Phenomenon Of Human Rights Violations As A Means Of Maintaing Power, M. Ehteshamul Bari

Emory International Law Review

When the South Asian nation of Bangladesh emerged as an independent nation on December 16, 1971, the founding fathers sought to establish a liberal democracy that would uphold the rule of law and the fundamental human rights of individuals. To this end, they incorporated extensive guarantees, including safeguarding the enforcement of an impressive eighteen fundamental rights, in the Constitution of Bangladesh of 1972. However, this Article will demonstrate that after almost fifty years of independence, the promise of a liberal democracy has remained elusive in Bangladesh due to the frequent violation of human rights through extrajudicial killings as a convenient …

The New Slot Machine: An International Perspective On Why The United States Should Learn To Stop Loving The Loot Box, Ajay Harish

Emory International Law Review

Games of chance are woven into the fabric of human culture. Rapid shifts in technology have resulted in the creation of the loot box, a new video game monetization scheme formed from the dregs of slot machines and trading cards. While extremely lucrative, the existence of loot boxes allows game companies to expose children to wager-like behavior, potentially creating a new generation of problem gamblers. The United States is both financially and culturally tied to video games as an industry and has been slow in its regulation of loot boxes. Given the problematic nature of loot boxes, existing regulations in …

Bivens And Ward---Constitutional Remedies In The United States And Canada, Madeline Prince

Emory International Law Review

Despite the killing of an unarmed fifteen-year-old boy by a federal border patrol agent, the U.S. Supreme Court in Hernandez v. Mesa refused to allow a Bivens cause of action to proceed and left an egregious violation of constitutional rights unremedied. The U.S. Supreme Court’s rulings in Ziglar v. Abbasi and Hernandez v. Mesa further limited the Bivens cause of action in such a way that makes successfully suing federal officials for constitutional violations practically impossible. The Supreme Court frequently denies Bivens claims due to the purported availability of alternative remedies. However, the Court’s recent jurisprudence makes clear that these …

Non-Income Tax Legislation Across Latin America: An Effective Policy To Raise Revenues?, Nicolás José Muñiz Arias

Emory International Law Review

In the past decades, there has been a proliferation of non-income levies throughout Latin America designed to stimulate collections. Tax administrators favor them for being easier to enforce as compared to traditional taxes on net income, as well as harder to evade.

To make sense of the rather dysfunctional conglomeration of levies, this Article proposes a classification into three broad categories: (1) taxes on revenues; (2) alternative levies on income and assets, whether on a gross or net basis, along with taxes on net equity; and finally (3) transactional-type levies such as stamp taxes, export duties, remittance taxes, and registration …

Secularism, Religion, And The State In A Time Of Global Crisis: Theoretical Reflections On The Work Of Abdullahi An-Na'im, Rohit Chopra

Emory International Law Review

This Essay presents a primarily theoretical examination of critical aspects of Abdullahi An-Na’im’s body of work. Drawing on my earlier work, the essay describes the current historical moment as one of “crisis globalization,” a normative condition characterized by the rise of authoritarianism and erosion of democracy across the globe, a backlash against religious and other kinds of minorities, as well as by a general sense of existential uncertainty stemming from the impact of climate change, terrorism, and our vulnerability to pandemics like Covid-19. I argue that An-Na’im’s work speaks especially powerfully to several aspects of this new condition. An-Na’im’s theorization …

Natural Law And Universal Human Rights, David F. Forte

Emory International Law Review

Abdullahi An-Na‘im has set his life’s quest on attempting to find a way that Muslim society can be attuned to the moral commands of the Universal Declaration of Human Rights, a Western creation. At present, the Shari‘a and the Declaration are in obvious tension, if not conflict, in areas such as freedom of religion and the rights of women. An-Na‘im finds that the Shari‘a is a creation of man derived in history from an interpretation of Islamic sources. Muslims today can legitimately develop their own interpretation relying on the root sources of Islam, but only so long as those sources …

Caliphs, Jinns, And Sufi Shrines: The Protection Of Cultural Heritage And Cultural Rights Under Islamic Law, Eleni Polymenopoulou

Emory International Law Review

This Article examines the position of the Islamic legal tradition on arts and cultural heritage, including its pitfalls, and argues that a better understanding of Muslim state practice is needed to enhance the protection of cultural rights in the Muslim world. This can further facilitate collaboration between Muslim states and inter-governmental bodies working in the field of culture; implement better accountability mechanisms under international criminal law, as well as; to contribute to the fight against terrorism. In addition, the author submits that Islamic law is not necessarily an appropriate platform to enhance cultural rights and cultural heritage in the Muslim …

Autobiographical Reflections, Abdullahi An-Naim

Emory International Law Review

As a way of concluding this festschrift issue of the Emory International Law Review, I have been invited to contribute an autobiographical essay reflecting on my academic and professional career.

Three Countries, One Problem: How The United States, United Kingdom, And France Handle Sexual Assaults In Higher Education, Annia Rochester

Emory International Law Review

Thirty-five percent of women worldwide will face physical or sexual violence. Female students within the United States, United Kingdom, and France are especially vulnerable to sexual assault and harassment due to a lack of protection from their governments. Failing to address the issue of sexual assault in higher education risks disrupting the education of student victims who are disproportionately women. Despite France and the United Kingdom signing the Istanbul Convention and the United States’ implementation of Title IX, these three nations have not done enough to prevent sexual misconduct among university-age students. All three nations have varying campus cultures and …

Huawei Strikes Back: Challenging National Security Decisions Before Investment Arbitral Tribunals, Ming Du

Emory International Law Review

No abstract provided.

No-Fault Vaccine Injury Compensation Systems Adopted Pursuant To The Covid-19 Public Health Emergency Response, Sam Halabi, Katherine Ginsbach, Katie Gottschalk, John Monahan, Judith Murungi

Emory International Law Review

No-fault vaccine injury compensation systems have developed over the course of the twentieth century, mostly in the richest countries in the world. Acknowledging that severe reactions to vaccines are rare, but can result in serious and sometimes complex injury, these systems provide financial and social support for those suffering these rare side effects. During the COVID-19 pandemic, and the rapid development and deployment of vaccines using novel technologies, these systems have proliferated not only among wealthy countries, where in their modern form they originated and spread, but also low- and middle-income ones. Adopting varying approaches to funding, eligibility, administration, process, …

Stifling Innovation: How Global Data Protection Regulation Trends Inhibit The Growth Of Healthcare Research And Start-Ups, Ryan Preston

Emory International Law Review

No abstract provided.

Antitrust And High Tech: A Tale Of Two Mergers, Babette Boliek

Emory Law Journal

Between 2016 and 2019, two proposed mergers captured much of the attention and resources of the Antitrust Division of the Department of Justice (DOJ). The first was the vertical merger of AT&T Inc. and Time Warner Inc.—a merger of a communications, media, and content distribution company (AT&T) with a content provider (Time Warner). The second was the horizontal merger of Sprint and T-Mobile—a merger of two mobile telephone companies. In general, vertical mergers are reviewed with greater leniency than horizontal mergers because the latter, by definition, eliminate a competitor in the relevant marketplace, which is not a concern with the …

Patching The Holes In Sox: Fcpa Disgorgement After Liu And The Ndaa, Jason R. Chohonis

Emory Law Journal

The Foreign Corrupt Practices Act (FCPA) forbids companies and persons from bribing foreign officials to secure business and creates an affirmative duty for companies to maintain valid accounting records. Since 2004, following the passage of the Sarbanes-Oxley Act (SOX), the Securities and Exchange Commission (SEC) has pursued “equitable remedies” under 15 U.S.C. § 78u(d) to disgorge profits from those who have violated the FCPA. Despite apparent legislative acceptance of disgorgement, the Supreme Court put disgorgement’s legality into doubt in two recent decisions. The first, Kokesh v. SEC in 2017, established that disgorgement had to happen within a five-year statute of …

Erroneous Injunctions, Michael T. Morley

Emory Law Journal

When a federal court concludes that a statute or regulation is unconstitutional or otherwise invalid, it will often enter an injunction prohibiting the government from enforcing that measure against the plaintiff in that case. But a court will dissolve a preliminary injunction after trial when it concludes that the plaintiff is not entitled to relief on the merits. It may likewise vacate a permanent injunction when subsequent developments in precedent reveal that it misconstrued the relevant legal provisions. And any type of injunction may be overturned on appeal.

Once an erroneously issued injunction has been reversed, vacated, or dissolved, the …

The Continuing Quest For The Grail: Perry On The Justificatory Role Of Religious Reasons, Christopher J. Eberle

Emory Law Journal

No abstract provided.

Interpreting The Understanding Of Human Rights Implicit In The U.N. Declarations, Nicholas Wolterstorff

Emory Law Journal

Among my most treasured memories are those of the meetings in which Michael Perry and I, along with others, have commented on each other’s writings. These have been, for me, memorable learning experiences. Time and again, Perry has approached the issues being discussed from an angle that had not occurred to me. That is true, once again, for the issues that I will discuss in this Essay.[1]

Soft Law: The Optimal Legal Framework For Global Financial Regulation, Yussuf A. Aleem

Emory Corporate Governance and Accountability Review

The regulation of global finance comprises an unorthodox legal framework. Unlike other areas of economic regulation or international law, more generally, this framework is not directed through intergovernmental organizations with formal legal status. Moreover, commitments (or best practice standards) made by various regulatory officials are non-binding and subject to significant variation. This departure is especially unique when comparing financial regulation to areas such as international trade law or environmental law.[1]

The purpose of this Paper is to provide a positive analysis explaining the prevalence of this form of “soft” law, and normatively suggest why such a framework is the …

I Can Still Hear You Saying You Would Never Break The Chain: How Higher Education Admissions Policies Put Law Firms At Risk Of Losing Corporate Clients, Jolie Abrams

Emory Corporate Governance and Accountability Review

No abstract provided.

Circuit Split Analysis: Involuntary Arbitration Agreements, Tyler Blackington

Emory Corporate Governance and Accountability Review

No abstract provided.

The Big Ban(G) Theory, Max Chen, Liu Ming Xin

Emory Corporate Governance and Accountability Review

The term “Big Tech” is referred to: Amazon, Apple, Facebook (Meta), Google and Microsoft. These companies are the five largest multinational online service or computer hardware and software companies and have the top position in the stock market by market share. Data indicated that these five firms have made over 700 acquisitions from 1987 to 2019. (Google 32%, Microsoft 31%, Apple 15%, Amazon 11%, and Facebook 11%). After 2001, The DOJ and FTC began to use NAICS codes to report HSR (Hart-Scott-Rodino) transactions. The code name is NAICS 518 for data processing, hosting, and related services (mainly including Google, Amazon, …

A Future Of Mandatory Environment, Social, And Governance (Esg) Disclosures: A Review Of Public Comments As A Case Study In The Impact Of Esg, Jessica Dennis Jackson

Emory Corporate Governance and Accountability Review

No abstract provided.

A New Normal: How Covid-19 And Digital Contact Tracing Highlight A Need For New Fourth Amendment Norms, Danielle J. Fong

Emory Law Journal

Contact tracing helps epidemiologists identify individuals who have been exposed to a virus. Manual contact tracing has been used for decades to interrupt the transmission of disease and reduce the number of infections within a population. It is a pillar of disease control. But the manual process has certain limitations—it is time-intensive, expensive, and subject to human error. Digital contact tracing overcomes these limitations. Using GPS and Bluetooth technologies, digital contact tracing applications automate and expedite the tracing and notification processes, with life-saving implications. In 2020, countries that implemented contact tracing technology in response to COVID-19 contained outbreaks, minimized incidence …

Iraq's Constitutional Moments And The Institutionalization Of Ethno-Sectarianism, Jomana Qaddour

Emory International Law Review

What role did Iraq's ethno-sectarian cleavages play in the process of drafting its 2005 Constitution? And what role has that Constitution played in further entrenching those cleavages? The 2003 Iraqi invasion by U.S. and allied forces ultimately resulted in the drafting of two of the country's most important documents: the Transitional Administrative Law and the 2005 Constitution. These two documents—heavily influenced by the United States and Britain, as well as powerful Iraqi stakeholders (both local and exiled)—were approved despite their serious deficiencies, particularly in articles pertaining to power sharing, individual rights, and civil liberties. These deficiencies, some of which were …

The Making Of A Muslim Democratic Party: Ennahda's Rebranding And An-Na'im's Secular State Framework, Erica Scott

Emory International Law Review

At its Tenth National Party Conference in 2016, Tunisia’s Ennahda Party announced that it would be formally rejecting the label “political Islam” and rebranding itself as a party of “Muslim democrats.” As part of this new identity, Ennahda decided to specialize exclusively in political affairs, officially separating religious activism from the party after decades of pursuing both politics and preaching. This announcement fueled speculation about Ennahda’s motivations, the decision’s practical implications, and its consequences for the relationship between religion and politics in Tunisia, which was only a few years into its democratic transition at the time.

One thinker whose work …

Mega-Constellations: Disrupting The Space Legal Order, Steven E. Grotch

Emory International Law Review

No abstract provided.