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- And security; Alliance; Mediation; International Arbitration; Adjudication; ICJ; Collective defense; Unity; Cooperation; Militarization; UNCLOS; United Nations; (1)
- Fair use; Copyright Act; Fair use doctrine; dispute; enforcement; Blurred Line; Robin Thicke; music sampling; copyright protection; venue; administrative law; commerical; substantiality; Harper v. Row; fair use factor; Estate of Smith v. Graham; Bridgeport Music (1)
- Inc. v. UMG Recordings (1)
- Inc.; infringement; economic efficiency; National Labor Relations Board; NLRB; National Labor Relations Act; NLRA; Administrative Law Judge; ALJ; agency law; alternative dispute resolution; ADR; (1)
- Municipal Bankruptcy; Bankruptcy Code; Chapter 9; Chapter 11; Tenth Amendment; US Constitution; Property Law; Debtor; Creditor; Federalism; Fincncial Restrucuturing; State Sovereignty; Public Bankruptcy; Municipal debtor-creditor law; Municipal Finance; (1)
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- NATO; North Atlantic Treaty; Greece; Turkey; Dispute Resolution; Cyprus; Hydrocarbon deposits; Undersea mining rights; Continental shelf; Ukraine; Russia; War; Conflict; Stabilization (1)
- NFTs; Art Securitization; Money Laundering; Pandora Papers; Tax Avoidance; Tax Evasion; DAPT; Freeports; Free-Zones; Self-Titled Trusts; Selfsettled Trusts; Art Collections; Howey; Howey Test; High-Value Art; Wealth Inequality; Inequality; UNESCO; Tax Loopholes; Auction Houses; Art Dealers; Looting; Antiquities; Cultural Heritage; Commerce Power; Taxing and Spending Power (1)
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- Property; Property Claims; Cuba; Diplomacy; US-Cuba Relations; International Relations; National Treatment Nationalization; Expropriation; Foreign Investment; Raul Castro; Fidel Castro; Barack Obama; Ashby Proposal; Dispute Settlement; Remedy; Foreign Claims Settlement Commission; FCSC; Libertad Act; Helms-Burton Act; Creighton Report; Cuban Exile Community; United States Agency for International Development; USAID; Feinberg Proposal; Restitution; Trade Agreements; Policy; Valuation; Embargo; Bilateral Trade Agreements; Cuban Revolution (1)
- Sharing Economy; Dynamic Pricing; Inequality and Justice (1)
Articles 1 - 6 of 6
Full-Text Articles in Law and Economics
Nato Allies On The Brink Of War: The Cause For Implement-Ing A Dispute Resolution Mechanism Within The North Atlantic Treaty, Samantha Solomotis
Nato Allies On The Brink Of War: The Cause For Implement-Ing A Dispute Resolution Mechanism Within The North Atlantic Treaty, Samantha Solomotis
Brooklyn Journal of International Law
NATO is the largest peacekeeping military alliance in the world and is not yet done growing. Recent events in Ukraine have reinforced the importance of NATO as a defensive alliance. New threats, both internal and external, are emerging. Intra-alliance conflicts over ideological agreements, border disputes, and member contributions put the fate of the organization at risk. To retain its strength as it grows, NATO must develop stronger cohesion between member states to ensure effectiveness and prevent dissolution. This Note uses the recently reignited conflict between Greece and Turkey—NATO members and belligerent neighbors—to demonstrate the pressing need and peacekeeping utility of …
Artful Imbalance: How The Us Tax Code And State Trust Laws Enable The Growth Of Inequality Through High-Value Art Collections, Mimi Strauss
Artful Imbalance: How The Us Tax Code And State Trust Laws Enable The Growth Of Inequality Through High-Value Art Collections, Mimi Strauss
Brooklyn Law Review
The United States has become the leading jurisdiction for those who wish to buy and store high-value art and NFTs, pay as few taxes as possible, and ultimately secure their wealth for generations. This “onshore” tax crisis is the result of tax loopholes, money laundering, the securitization of art and NFTs, and the state-by-state trust system. These forms of tax dodging—both legal and illegal—contribute to wealth inequality and deplete the welfare state. As natural disasters and pandemics become ever more present, the United States will rely more heavily on taxes, and that burden should be carried by everyone, not just …
Not So Fair Use: The Shortcomings Of Current Copyright Law In Music Sampling, Marissa Brown
Not So Fair Use: The Shortcomings Of Current Copyright Law In Music Sampling, Marissa Brown
Brooklyn Journal of Corporate, Financial & Commercial Law
The current enforcement method of the fair use doctrine is not suitable to handle the ever-evolving music industry. The fair use doctrine allows a copyright protected work to be used without getting it approved by the original owner of the work. This is seen often in music sampling. Music sampling is extremely prevalent in today’s music industry; however, federal court is currently the only arena that sampling disputes can be resolved in. This has led to inconsistencies across circuits, unfairness, and exacerbated the backlog of the federal court docket. While many have pointed out both the inefficiency and unfairness of …
Inequality In The Sharing Economy, Gregory M. Stein
Inequality In The Sharing Economy, Gregory M. Stein
Brooklyn Law Review
The rise of the sharing economy benefits consumers and providers alike. Consumers can access a wider range of goods and services on an as-needed basis and no longer need to own a smaller number of costly assets that sit unused most of the time. Providers can engage in profitable short-term ventures, working on their own schedule and enjoying many new opportunities to supplement their income. Sharing economy platforms often employ dynamic pricing, which means that the price of a good or service varies in real time as supply and demand change. Under dynamic pricing, the price of a good or …
Charting A New Course In Cuba? Why The Time Is Now To Settle Outstanding American Property Claims, Marco Antonio Dueñas
Charting A New Course In Cuba? Why The Time Is Now To Settle Outstanding American Property Claims, Marco Antonio Dueñas
Brooklyn Journal of International Law
The recent warming of relations between the United States and Cuba offered generations of Cubans; Americans; and Cuban Americans renewed hope for normalized relations. One obstacle—satisfactory resolution of property claims—stands in the way; which dates back to the Cuban government’s nationalization of all U.S. assets on the island. The Cuban Liberty and Democratic Solidarity Act of 1996 (the “Helms-Burton Act”) predicates resolution of these decades-old property claims by the Cuban government as an essential condition for the full resumption of economic and diplomatic relations between the two neighbors. Separated by only ninety miles of Caribbean Sea; but more than a …
Decision-Making And The Shaky Property Foundations Of Municipal Bankruptcy Law, Juliet M. Moringiello
Decision-Making And The Shaky Property Foundations Of Municipal Bankruptcy Law, Juliet M. Moringiello
Brooklyn Journal of Corporate, Financial & Commercial Law
Municipal bankruptcies are unpredictable. There are several reasons for this statement— municipal bankruptcies are rare, involvement of the state itself in the process varies according to the governing state law, and chapter 9, the Bankruptcy Code chapter governing the municipal bankruptcy process, has many gaps. Congress constructed the modern chapter 9 on a foundation of corporate bankruptcy law, a foundation whose roots—corporate finance—are significantly different from the rules governing municipal finance. In this Article, Professor Moringiello aims a spotlight on the property roots of private bankruptcy law and compares them to the promissory and statutory roots of municipal finance law …