Law Commons^™

Abortion Laws In Nigeria: A Case For Reform, P. Chibueze Okorie, Olubusola Adebayo Abayomi

Annual Survey of International & Comparative Law

The available statistics indicate that over 1,000,000 abortions occur in Nigeria annually, representing about 33 abortions per 1,000 women of child bearing age. It has also been asserted that illegal abortion is responsible for about 11% of maternal death in Nigeria and 50% of such deaths involve adolescents and young women. Although, it may be difficult to confirm these reports and statistics by different researchers, mainly because of the absence of official figures owing to the clandestine nature of abortion in Nigeria, there is no doubt that abortions are generally procured by women for various reasons, namely: financial and emotional …

Imperatives Of Corporate Governance On Corporate Citizenship In Nigeria, Professor Dr. S. Gozie Ogbodo, Dr. Godwin Luke Umoru

Annual Survey of International & Comparative Law

This paper seeks to examine and interrogate the conceptual ideas and frameworks of corporate governance; its relationship and relevance to corporate citizenship and the elements that describe what is meant by corporate citizenship. Various perspectives of the role which corporate governance plays as a major influence on corporate citizenship and corporate social responsibility were clearly shown. Also shown is the meaning which is ascribed to corporate governance, its core principles, the rhetoric and realities concerning the effect of a corporation’s pursuit of power and profit on corporate citizenship, legal and social responsibilities and the significant paradigm shift. Situating the concept …

A New Era In The Application Of U.S. Securities Law Abroad: Valuing The Presumption Against Extraterritoriality And Managing The Future With The Sustainable- Domestic-Integrity Standard, Alina Veneziano

Annual Survey of International & Comparative Law

The U.S. Supreme Court in Morrison held that Section 10(b) of the Exchange Act did not apply extraterritorially, lacking a clear indication by Congress of the intent to do so. In reaching this conclusion, it clarified that the reach of Section 10(b) is a merits question, not a question of subject matter jurisdiction and stated that the focus of the statute was upon purchases and sales of securities in the United States while articulating a bright-line transactional test to determine whether extraterritorial application was appropriate. The transactional test completely rejected the conduct/effects tests, which had been used by courts for …

International Standards For Protection Of Religious Freedom, Anthony Peirson Xavier Bothwell

Annual Survey of International & Comparative Law

The Universal Declaration of Human Rights, inspired by the “four freedoms” articulated by Franklin D. Roosevelt, proclaims but does not define the religious liberty that is the birthright of all people. Four centuries ago, when few people were free, religious ideas fostered the development of some of the fundamental principles of the law of nations. As international law has matured, increasingly it has recognized the right of individuals and groups to pursue their own religions and beliefs. The United Nations system has generated an array of international conventions, covenants, and resolutions which today articulate the rights of adherents to all …

Assessment Of The Role Of The Nigerian Police Force In The Promotion And Protection Of Human Rights In Nigeria, Dr. Ndubuisi J. Madubuike-Ekwe, Dr. Olumide K. Obayemi

Annual Survey of International & Comparative Law

This article examines the role of the Nigerian Police Force in the promotion and protection of human rights in Nigeria. It discusses the concept of human rights under international and domestic law. It highlights the powers of the Nigerian Police Force under the Police Act and the Administration of Criminal Justice Act, 2015 and observes that although the police use discretion to support human rights, it is the abuse of the discretion and power that results in violation of human rights of citizens. This article identifies the rights most subjected to abuse by the police as the right to life, …

Involuntary Dissolution: Theory And Operation In Publicly Traded Corporations, Dr. Murat Can Pehlivanoglu

Annual Survey of International & Comparative Law

Involuntary dissolution is recognized as the primary mechanism to monitor opportunism and remedy the aggrieved minority shareholders of corporations. Contrary to general understanding, involuntary dissolution is not idiosyncratic to close corporations. However, its application to publicly traded corporations requires an approach different than the one for close corporations. This note discusses and recommends the approach necessary to justify and effectively enforce involuntary dissolution statutes’ application in the context of publicly traded corporations. It expresses the opinion that the contractual view of corporate law would provide the theoretical basis necessary to construe the statute for publicly traded corporations and exemplifies its …

Front Matter

Annual Survey of International & Comparative Law

Front Matter includes the masthead, dedication, editorial, School of Law faculty, and Table of Contents.

I Pity The Fool: Ori Herstein’S Defense Of The Klutz, Anthony J. Sebok

Online Publications

The sad story of Menlove, the defendant in the English case Vaughn v. Menlove is well known to all first-year torts students. Menlove was born, according to his lawyer, with the “misfortune of not possessing the highest order of intelligence,” and, as a result did something quite imprudent with flammable material that no person of average or typical intelligence (or judgment) would have done, resulting in a fire that damaged the plaintiff, his neighbor.

How Gun Control Laws Affect Homicide, Abbey Maloney

Honors Theses

Homicide is an ever-prevalent problem in the United States (U.S.). One solution that is often turned to is the implementation of stricter gun control laws. This causes much divide as many citizens are not in agreement about whether or not these laws do what they are intended to. The aim of this study was to determine whether or not gun control laws have an effect on homicide, and, if so, what this effect is. The U.S. states were evaluated in several different categories to determine how strict or lax their gun laws were. They were scored using the number of …

Sacred Places Of Notre Dame: Kresge Law Library Main Reading Room, Marcus Cole

2019–Present: G. Marcus Cole

Dec 19, 2019

Today our journey brings us to the Main Reading Room in the Kresge Law Library where the dean of the Law School invites us to express gratitude in this Advent season. go.nd.edu/SacredPlaces.

Are Vape Pens The New Cigarette? The Fda's Impending Quest To Regulate The E-Cigarette And Its Effect On Society's Youth, Addison J. Morgan

DePaul Journal of Health Care Law

No abstract provided.

Trustee Liability For Breach Of Trust—Loss Or Profit, Or Loss And Profit?, Kenneth F. Joyce

Journal Articles

No abstract provided.

Spillover Effects In Police Use Of Force, Justin E. Holz, Roman G. Rivera, Bocar A. Ba

All Faculty Scholarship

We study the link between officer injuries-on-duty and the force-use of their peers using a network of officers who, through a random lottery, began the police academy together. We find that peer injuries-on-duty increase the probability of using force by 7%. The effect is concentrated in a narrow time window near the event and is not associated with significantly lower injury risk to the officer. Complaints of improper searches and failure to provide service also increase after peer injuries, suggesting that the increase in force might be driven by heightened risk aversion.

Must A Physician Treat A Disruptive Or Abusive Patient Or Can The Doctor Fire That Person?, Samuel D. Hodge, Jr.

DePaul Journal of Health Care Law

No abstract provided.

Cuban Asset Control Regulations: The Transfer Of Estate Assets To Cuban Heirs Under The Obama And Trump Administrations, Madeleine N. Elser

University of Miami Inter-American Law Review

No abstract provided.

Revisiting The Open Access Citation Advantage For Legal Scholarship, John R. Beatty

Law Librarian Journal Articles

Citation studies in law have shown a significant citation advantage for open access legal scholarship. A recent cross-disciplinary study, however, gave opposite results. This article shows how methodology, including the definition of open access and the source of the citation data, can affect the results of open access citation studies.

The Harvard Crimson Interviews Vinay Harpalani (Justice Department Continues Investigation Into Harvard Admissions), Vinay Harpalani, Camille G. Caldera

Faculty Scholarship

A Department of Justice investigation into alleged discrimination in Harvard’s race-conscious admissions policies remains ongoing. Harpalani believes the existence of this investigation supports Students for Fair Admissions (SFFA), which knows that the Trump Administration is sternly behind eliminating race-conscious admissions policies. He believes the real purpose of the investigation is to pressure other universities with race-conscious admissions policies to reduce or eliminate the use of race as an admissions factor.

Haiti – U.S. Migration Through A Labor Lens: The H-2 Visa Program, The Temporary Protected Status (Tps), And Its Policy Implications, Tatiana Devia

University of Miami Inter-American Law Review

No abstract provided.

Masthead

University of Miami Inter-American Law Review

No abstract provided.

Front Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.

International Law Or International Politics? The Guaidó V. Maduro Conundrum At The Inter-American Development Bank, Félix A. Quintero Vollmer

University of Miami Inter-American Law Review

No abstract provided.

Variations On A Theme: Corporate Law In Latin America, Continental Europe, And The United States, Ángel R. Oquendo

University of Miami Inter-American Law Review

The regulation of incorporated companies in Latin America and Continental Europe appears to distance itself from that in the United States. It differs in how it structures itself and handles incorporation, incorporators, piercing, governance, discipline, and shareholders. In their regulatory exertions, both regimes rely, certainly, on legislation and adjudication yet do so differently, qualitatively in addition to quantitatively.

Apparently, civil and common law continue to specialize respectively though not exclusively in statutes and binding precedents. Still, they ever more frequently intrude into each other’s apparent specialty, while leaving their own imprint on it. The tendency to converge coexists with that …

Foreign Direct Investments Into Fintech And Blockchain Technology Startups In Latin America, Y. Tatiana Clavijo, Hernán Pantaleón

University of Miami Inter-American Law Review

Technology is changing our everyday lives at a faster rate every minute from artificial intelligence and medical advances in robotics to the upcoming self-driving cars. Every sector of our lives is being impacted, disrupted, and constantly altered by innovations, including our finances. In the developed markets, fintech, or financial technology, is the new and exciting area of product innovation for financial services. The innovations rely on the internet, blockchain technology, and the new and highly controversial digital currencies. Consequently, new digital platforms and mobile applications create new possibilities while being accessible to more people at a lower cost across borders. …

Copyright’S Facelift: An Analysis Of The New Look Of Copyright Following The Music Modernization Act And The United States-Mexico-Canada Agreement, Octavious A. Buiey Jr.

University of Miami Inter-American Law Review

No abstract provided.

How Animal Science Products, Inc. Plays A Role In The China And U.S. International Relations Saga, Tessa V. Mears

University of Miami Inter-American Law Review

“How Animal Science Products, Inc. Plays a Role in the China and U.S. International Relations Saga” takes a look at a June 2018 Supreme Court decision that ruled federal courts are not bound to defer to a foreign government’s interpretation of its own law. This paper discusses the pros and cons of absolute deference to foreign governments in these instances, in addition to examining the effectiveness of foreign amicus briefs in antitrust cases before the Supreme Court. This paper finishes with a discussion on the current state of international relations China and the U.S., with a summary of where the …

U.S. Immigration Policy: A Barrier To Immigrant Entrepreneurs, Innovation, And Startup Growth?, Courtney Kaiser

University of Miami Inter-American Law Review

No abstract provided.

International Commercial Arbitration Law And Practice In Thailand, Parada Kaewparadai

SJD Dissertations

International Commercial Arbitration is one of the essential mechanisms that support and facilitate international trade transactions, especially when the parties are from different nations. Since it is an alternative dispute resolution that provides a final and binding award that is enforceable through the national courts mostly everywhere around the world, it becomes the most popular dispute resolution for international enterprises. Arbitration has been in existence in Thai Laws for centuries, but its role has been minimal as litigation is the primary adjudicate method of the country. However, in the past twenty years, arbitration has been developing rapidly since Alternative Dispute …

Boilerplate: What Consumers Actually Think About It, Franklin G. Snyder, Ann M. Mirabito

Faculty Scholarship

One of the most difficult problems in modem contract law is the status of standard terms-often called "boilerplate"-in consumer transactions. On the one hand, standard terms are good because they reduce costs and increase efficiency and predictability. On the other hand, they can be used to impose unfair terms on consumers and even to evade important public policies. There is thus a vast and growing literature on the topic.

We know for a fact that most consumers do not read standard terms. They will not read them before they sign the writing or click "I agree" or "Buy now" on …

December 17, 2019: Today's Column On Hate Speech In The Pennsylvania Capital-Star, Bruce Ledewitz

Hallowed Secularism

Blog post, “Today's column on hate speech in the Pennsylvania Capital-Star“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Think We’Re Powerless Against Hate Speech? The Constitution Provides Plenty Of Room To Address It, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.