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Articles 9541 - 9570 of 560368
Full-Text Articles in Law
When Claims Collide: Students For Fair Admissions V. Harvard And The Meaning Of Discrimination, Cara Mcclellan
When Claims Collide: Students For Fair Admissions V. Harvard And The Meaning Of Discrimination, Cara Mcclellan
Loyola University Chicago Law Journal
This term, the Supreme Court will decide Students for Fair Admissions v. President and Fellows of Harvard College (SFFA v. Harvard), a challenge to Harvard College’s race-conscious admissions program. While litigation challenging the use of race in higher education admissions spans over five decades, previous attacks on race-conscious admissions systems were brought by white plaintiffs alleging “reverse discrimination” based on the theory that a university discriminated against them by assigning a plus factor to underrepresented minority applicants. SFFA v. Harvard is distinct from these cases because the plaintiff organization, SFFA, brought a claim alleg-ing that Harvard engages in intentional discrimination …
The Promise & Perils Of Open Finance, Dan Awrey, Joshua Macey
The Promise & Perils Of Open Finance, Dan Awrey, Joshua Macey
Articles
We are at the dawn of a new age of Open Finance. Open Finance seeks to harness the potential of new platform technology to enhance customer data access, sharing, portability, and interoperability—thereby leveling the informational playing field and fostering greater competition between incumbent financial institutions and a new breed of financial technology (fintech) disruptors. According to its proponents, this competition will yield a radical restructuring of the financial services industry, offering more and better choices for consumers looking to make fast payments, borrow money, invest their savings, manage household budgets, and compare financial products and services. The promise of Open …
Strategic Subdelegation, Brian D. Feinstein, Jennifer Nou
Strategic Subdelegation, Brian D. Feinstein, Jennifer Nou
Articles
Appointed leaders of administrative agencies routinely record subdelegations of governmental authority to civil servants. That appointees willingly cede authority in this way presents a puzzle, at least at first glance: Why do these appointees assign their power to civil servants insulated by merit protection laws, that is, to employees over whom they have limited control? This article develops and tests a theory to explain this behavior. Using original data on appointee-to-civil servant delegations and a measure of the ideological distance between these two groups of actors, we show that appointees are more willing to vest power in civil servants when …
Table Of Contents, Loyola University Chicago Law Journal
Table Of Contents, Loyola University Chicago Law Journal
Loyola University Chicago Law Journal
No abstract provided.
Us Trade Policy, China And The Wto (Foreword), Paolo Davide Farah
Us Trade Policy, China And The Wto (Foreword), Paolo Davide Farah
Book Chapters
In ‘U.S. Trade Policy, China and the WTO’, Nerina Boschiero addresses a key topic in contemporary international economic law and global governance. By focusing on a turning point in global politics and the shaping/framing of trade policy in the U.S.– the election of President Donald Trump sheds light on the tumultuous process of reshaping of global governance. The crisis of multilateralism has been discussed at length in academia and mainstream media. However, little attention has been paid to how the U.S. is reacting to the rise of China in the global order, in practical terms. In particular, focus …
The Intenational Crimial Court (Icc) As A Mechanism For Global Justice And Rule Of Law, Paolo Davide Farah
The Intenational Crimial Court (Icc) As A Mechanism For Global Justice And Rule Of Law, Paolo Davide Farah
Book Chapters
Throughout history, institutions have been the chosen platforms for governing and regulating society. However, in the twenty-first century, with unprecedented connectivity and interdependence, working toward multilateral solutions for global challenges, whether in climate change through the UNFCCC or in trade via the World Trade Organization, has become increasingly complex. This rise in complexity within the international landscape has not been met with proportional attention to cooperation, conflict resolution, and harmonizing human values.
It is relevant to highlight the intersection between the International Criminal Court (ICC) and broader questions within international humanitarian law, (IHL) its interconnections and intertwinement with International Criminal …
The Intersections Among Science, Technology, Policy And Law: In Between Truth And Justice, Paolo Davide Farah, Justo Corti Varela
The Intersections Among Science, Technology, Policy And Law: In Between Truth And Justice, Paolo Davide Farah, Justo Corti Varela
Book Chapters
Different visions on the interaction between science, technology, policy and law have been presented. As common axe, we can detect the continuous search for truth and justice. Science and Law as social constructs, the distinction between truths and opinions through procedural method based on evidence and rationality, or how natural science “things” became facts, and consequently “truth”, are examples of this search. The evidence-gathering process that integrates scientific evidence into trial (sometimes by procedure and other times by a more substantive approach) is another possible approach. Of course, that the game of mutual influence among the four elements creates contradictions …
Artificial Intelligence And Contract Formation: Back To Contract As Bargain?, John Linarelli
Artificial Intelligence And Contract Formation: Back To Contract As Bargain?, John Linarelli
Book Chapters
Some say AI is advancing quickly. ChatGPT, Bard, Bing’s AI, LaMDA, and other recent advances are remarkable, but they are talkers not doers. Advances toward some kind of robust agency for AI is, however, coming. Humans and their law must prepare for it. This chapter addresses this preparation from the standpoint of contract law and contract practices. An AI agent that can participate as a contracting agent, in a philosophical or psychological sense, with humans in the formation of a con-tract will have to have the following properties: (1) AI will need the cognitive functions to act with intention and …
Law School Plagiarism: A Measured Solution For An Unmeasured Problem, Ashley S. Lipson
Law School Plagiarism: A Measured Solution For An Unmeasured Problem, Ashley S. Lipson
Loyola University Chicago Law Journal
No abstract provided.
"So" What? Why The Supreme Court's Narrow Interpretation Of The Computer Fraud And Abuse Act In Van Buren V. United States Has Drastic Effects, Landon Wilneff
"So" What? Why The Supreme Court's Narrow Interpretation Of The Computer Fraud And Abuse Act In Van Buren V. United States Has Drastic Effects, Landon Wilneff
Loyola University Chicago Law Journal
In Van Buren v. United States, the United States Supreme Court held that one does not “exceed authorized access” under the Computer Fraud and Abuse Act (CFAA) when one accesses information they were otherwise entitled to access. Part I will outline the legislative history of the CFAA, and will explain the circuit split between the Second, Fourth, Sixth, and Ninth Circuits and the First, Third, Fifth, and Seventh Circuits. Part II will detail the facts and procedural history of Van Buren, and will walk through the reasoning of the majority and dissent. Part III will analyze the majority’s narrow reading …
Power Shift: The Un Security Council Has Lost Its Clout, Ved P. Nanda
Power Shift: The Un Security Council Has Lost Its Clout, Ved P. Nanda
Case Western Reserve Journal of International Law
No abstract provided.
Peaceful World Leadership Or Nationalist Advocate? How China Uses Social Media To Project Its Stance On Russia's Invasion Of Ukraine, Hannah Bailey
Peaceful World Leadership Or Nationalist Advocate? How China Uses Social Media To Project Its Stance On Russia's Invasion Of Ukraine, Hannah Bailey
Case Western Reserve Journal of International Law
No abstract provided.
From 'United For Peace' To 'United For Justice?': Reflections On The Power Of The United Nations General Assembly To Create Criminal Tribunals Or Make Referrals To The Icc, Carsten Stahn
Case Western Reserve Journal of International Law
No abstract provided.
Power Shift: The Return Of The Uniting For Peace Resolution, Michael P. Scharf
Power Shift: The Return Of The Uniting For Peace Resolution, Michael P. Scharf
Case Western Reserve Journal of International Law
No abstract provided.
Legal Issues Surrounding Veto Use And Aggression, Jennifer Trahan
Legal Issues Surrounding Veto Use And Aggression, Jennifer Trahan
Case Western Reserve Journal of International Law
No abstract provided.
Prosecuting Atrocities Committed In Ukraine: A New Era For Universal Jurisdiction?, Yvonne M. Dutton
Prosecuting Atrocities Committed In Ukraine: A New Era For Universal Jurisdiction?, Yvonne M. Dutton
Case Western Reserve Journal of International Law
No abstract provided.
The New Cold War With China And Russia: Same As The Old Cold War?, Stuart Ford
The New Cold War With China And Russia: Same As The Old Cold War?, Stuart Ford
Case Western Reserve Journal of International Law
No abstract provided.
Prosecuting Russian Leaders For War Crimes (Oct. 24, 2021 Broadcast), Talking Foreign Policy
Prosecuting Russian Leaders For War Crimes (Oct. 24, 2021 Broadcast), Talking Foreign Policy
Case Western Reserve Journal of International Law
No abstract provided.
Fair And Just Decolonial Solutions: Application Of The Washington Principles To The Context Of Disputed Colonial Objects, Emma H. Peters
Fair And Just Decolonial Solutions: Application Of The Washington Principles To The Context Of Disputed Colonial Objects, Emma H. Peters
Case Western Reserve Journal of International Law
No abstract provided.
The Ghost Of Dunhill: How Commercial Activity Silently Escaped The Act Of State Doctrine, Gabriel D. Kaufman
The Ghost Of Dunhill: How Commercial Activity Silently Escaped The Act Of State Doctrine, Gabriel D. Kaufman
Case Western Reserve Journal of International Law
No abstract provided.
Commercialization Of Resource Extraction Throughout The Final Frontier & The Parallel To Terrestrial Procedures, Jonathan P. Ziga
Commercialization Of Resource Extraction Throughout The Final Frontier & The Parallel To Terrestrial Procedures, Jonathan P. Ziga
Case Western Reserve Journal of International Law
No abstract provided.
Masthead, Vol. 55 (2023)
Masthead, Vol. 55 (2023)
Case Western Reserve Journal of International Law
No abstract provided.
The War In Ukraine: A Case Study In Modern Atrocity Crimes Documentation, Dr. Paul R. Williams, Nicole Carle
The War In Ukraine: A Case Study In Modern Atrocity Crimes Documentation, Dr. Paul R. Williams, Nicole Carle
Case Western Reserve Journal of International Law
No abstract provided.
Ukraine's Push To Prosecute Aggression: Implications For Immunity Ratione Personae And The Crime Of Aggression, Rebecca Hamilton
Ukraine's Push To Prosecute Aggression: Implications For Immunity Ratione Personae And The Crime Of Aggression, Rebecca Hamilton
Case Western Reserve Journal of International Law
No abstract provided.
Legitimate Supra-National Adjudication In The New Era: The Requirement Of Comparative Benefit, Margaret M. Deguzman
Legitimate Supra-National Adjudication In The New Era: The Requirement Of Comparative Benefit, Margaret M. Deguzman
Case Western Reserve Journal of International Law
No abstract provided.
Cruel And Unusual Punishment: How The Ongoing War On Drugs And Discrimination In Healthcare Created A Viable Eighth Amendment Claim For Black Inmates During The Covid-19 Pandemic, Vincent Jones
Health Matrix: The Journal of Law-Medicine
No abstract provided.
"Other Inhumane Acts Of A Similar Character Intentionally Causing Great Suffering." Does Ecocide Fit Within The Bounds Of Crimes Against Humanity?, Amanda Price
Alumni Publications
Article 7(1)(k) of the Rome Statute includes “other inhumane acts of a similar character,” within the enumerated acts of Crimes Against Humanity. This Note examines whether certain acts of ecocide may be prosecuted by the ICC under this provision, proposes a definition for ecocide in a Crimes Against Humanity context, and analyzes whether Bolsonaro’s destruction of the Amazon as alleged by 2021 AllRise Complaint could be prosecuted in the ICC as a Crime Against Humanity.
Toward Stronger Data Protection Laws, Margot E. Kaminski
Toward Stronger Data Protection Laws, Margot E. Kaminski
Publications
No abstract provided.
How Academic Law Librarian Fellowship Programs Benefit Participants & Sponsoring Institutions, Aamir S. Abdullah, Cody B. James
How Academic Law Librarian Fellowship Programs Benefit Participants & Sponsoring Institutions, Aamir S. Abdullah, Cody B. James
Publications
No abstract provided.
Impact Assessment In The Ring Of Fire: Contested Authorities, Competing Visions And A Clash Of Legal Orders, Dayna Nadine Scott
Impact Assessment In The Ring Of Fire: Contested Authorities, Competing Visions And A Clash Of Legal Orders, Dayna Nadine Scott
Commissioned Reports, Studies and Public Policy Documents
In 2007, a significant mineral deposit dubbed the “Ring of Fire” was discovered in the boreal peatlands in Treaty No.9 territory in the far north of Ontario. The original project proposal submitted to the Canadian Environmental Assessment Agency was for a chromite mine and an associated infrastructure corridor to connect the remote location to the provincial high-way system. As years went by without progress on the regulatory approvals, the proponent sold its claims at a loss. In the period that followed, Ontario negotiated with the Matawa First Nations (the nine most proximate First Nations) who were, as a united block, …