Legal Writing and Research Commons^™

Debating Migrants In Korean Multiculturalism, Amelia Burhan, Ph.D

International Review of Humanities Studies

The concept of multiculturalism has become a keyword of contemporary Korean society. The influx of migrants has made Korea could not escape becoming an ethnically diverse nation and a multicultural society. This study aims to understand the concept of Korean multiculturalism through migrant workers and marriage migrants by examining their life in Korea including what kind of issues the migrants have been encountered and how was the effort of Korean government in tackling those issues. It found that the government occupied an important position in leading multiculturalism in Korea as it was the one who promoted Korea's moving towards multiculturalism …

Construction Of Femininity In Media Spectacle: The Phenomenon Of Indonesian Tiktoker Cross Gender Performances, Jiang Xue, Ade Solihat

International Review of Humanities Studies

In the development of the short video industry in Southeast Asia in recent years, cross gender performances by male bloggers have become a special cultural phenomenon that is rapidly emerging. It has become a new self media trend for male bloggers to imitate female images and construct femininity. This article uses media spectacle theory as a perspective to interpret the reasons for the rise, presentation methods and meaning construction of cross gender performances by Indone sian male bloggers. This article uses qualitative research methods, combining media spectacle theory and gender studies theory to research and analyze six Indonesian male bloggers. …

The Concept Of The Devarāja In Leadership At The Royal Palace Of Yogyakarta, Ghilman Assilmi

International Review of Humanities Studies

The Yogyakarta Palace is one of the Islamic sultanates that still exists in Indonesia. Even though the Yogyakarta Palace has an Islamic style and has been influenced by modernization which has penetrated aspects of state and society, the embodiment of the God-King concept from ancient Hindu eras remains embedded in the power of the king, state life, and the obedience of the surrounding community to the palace system. This paper has a problem regarding how to apply the concept of politics and power in the Yogyakarta Palace. A historical approach is used to reveal the meaning of the palace in …

Practical Guidelines To Legal Writing For Young Researchers And Professionals, Fathi Zerari Prof.

UAEU Law Journal

Research about the law requires a degree of mastery of both the existing knowledge about the topic of research and the necessary methodological tool-kit to communicate the analysis and the findings to the targeted audience. This paper aims to provide young researchers and professionals in law with a step-by-step guide to write different types of legal writings.

This research starts from the assumption that well situating the topic of the research within an appropriate context and adopting an adapted analysis condition a cogent structure that reflects the degree of consistency between the research gap and the aim of the research, …

Narrative Of Nationalism In Mise-En-Scene Of Biopic Soekarno: Indonesia Merdeka, Eric Gunawan, Bambang Wibawarta

International Review of Humanities Studies

This paper examines the national narrative presented in the biographical film Soekarno: Indonesia Merdeka (2014). The analysis employs a film studies approach to explore the interplay between visual and narrative strategies within the framework of Eisenstein's theoretical perspectives. Christian Metz's semiotic theory is utilized to decode the signs embedded throughout the film. The study focuses on the visual and narrative strategies employed in the biopic to elucidate the national narrative, particularly through the portrayal of the character Soekarno and his interactions with other key figures. Visual strategies, encompassing cinematography and mise-en-scene techniques, bring to light signs that are intricately linked …

Table Of Contents & Masthead, Sophie Nelson

Pepperdine Law Review

No abstract provided.

Artificial Intelligence And Legal Malpractice Liability, Vincent R. Johnson

St. Mary's Journal on Legal Malpractice & Ethics

No abstract provided.

Table Of Contents

Touro Law Review

No abstract provided.

Robo-Voting: Does Delegated Proxy Voting Pose A Challenge For Shareholder Democracy?, John Matsusaka, Chong Shu

Seattle University Law Review

Robo-voting is the practice by an investment fund of mechanically voting in corporate elections according to the advice of its proxy advisor— in effect fully delegating its voting decision to its advisor. We examined over 65 million votes cast during the period 2008–2021 by 14,582 mutual funds to describe and quantify the prevalence of robo-voting. Overall, 33% of mutual funds robo-voted in 2021: 22% with ISS, 4% with Glass Lewis, and six percent with the recommendations of the issuer’s management. The fraction of funds that robo-voted increased until around 2013 and then stabilized at the current level. Despite the sizable …

Stakeholder Capitalism’S Greatest Challenge: Reshaping A Public Consensus To Govern A Global Economy, Leo E. Strine Jr., Michael Klain

Seattle University Law Review

The Berle XIV: Developing a 21st Century Corporate Governance Model Conference asks whether there is a viable 21st Century Stakeholder Governance model. In our conference keynote article, we argue that to answer that question yes requires restoring—to use Berle’s term—a “public consensus” throughout the global economy in favor of the balanced model of New Deal capitalism, within which corporations could operate in a way good for all their stakeholders and society, that Berle himself supported.

The world now faces problems caused in large part by the enormous international power of corporations and the institutional investors who dominate their governance. These …

Shareholder Primacy Versus Shareholder Accountability, William W. Bratton

Seattle University Law Review

When corporations inflict injuries in the course of business, shareholders wielding environmental, social, and governance (“ESG”) principles can, and now sometimes do, intervene to correct the matter. In the emerging fact pattern, corporate social accountability expands out of its historic collectivized frame to become an internal subject matter—a corporate governance topic. As a result, shareholder accountability surfaces as a policy question for the first time. The Big Three index fund managers, BlackRock, Vanguard, and State Street, responded to the accountability question with ESG activism. In so doing, they defected against corporate legal theory’s central tenet, shareholder primacy. Shareholder primacy builds …

How To Interpret The Securities Laws?, Zachary J. Gubler

Seattle University Law Review

In discussions of the federal securities laws, the SEC usually gets most of the attention. This makes some sense. After all, it is the agency charged with administrating the securities laws and regulating the industry as a whole. It makes the majority of the laws; it engages in enforcement actions; it reacts to crises; and it, or sometimes even its individual commissioners, intervene publicly in policy debates. Often overlooked in such discussion, however, is the role of the Supreme Court in shaping securities law, and a new book by Adam Pritchard and Robert Thompson demonstrates why this is an oversight. …

The Pioneers, Waves, And Random Walks Of Securities Law In The Supreme Court, Elizabeth Pollman

Seattle University Law Review

After the pioneers, waves, and random walks that have animated the history of securities laws in the U.S. Supreme Court, we might now be on the precipice of a new chapter. Pritchard and Thompson’s superb book, A History of Securities Law in the Supreme Court, illuminates with rich archival detail how the Court’s view of the securities laws and the SEC have changed over time and how individuals have influenced this history. The book provides an invaluable resource for understanding nearly a century’s worth of Supreme Court jurisprudence in the area of securities law and much needed context for …

Correcting Contradiction: Limiting License Suspension As A Child Support Enforcement Mechanism In Pennsylvania, Robin Platte

Dickinson Law Review (2017-Present)

In many communities across Pennsylvania, maintaining employment without a driver’s license is extremely difficult. Section 4355 of the Pennsylvania Domestic Relations Code authorizes license suspension as a means to encourage child support payments. Unfortunately, license suspensions rarely result in obligors making payments. Instead, suspensions often lead to loss of employment and financial insecurity. Under Section 4355, if an obligor falls three months behind in child support payments, their professional, recreational, and driver’s licenses may be suspended indefinitely. Coincidentally, the obligor’s actual ability to pay may not be considered in a pre-suspension hearing. Even those who fall far below the national …

Masthead

Touro Law Review

No abstract provided.

Stakeholder Governance On The Ground (And In The Sky), Stephen Johnson, Frank Partnoy

Seattle University Law Review

Professor Frank Partnoy: This is a marvelous gathering, and it is all due to Chuck O’Kelley and the special gentleness, openness, and creativity that he brings to this symposium. For more than a decade, he has been open to new and creative ways to discuss important issues surrounding business law and Adolf Berle’s legacy. We also are grateful to Dorothy Lund for co-organizing this gathering.

In introducing Stephen Johnson, I am reminded of a previous Berle, where Chuck allowed me some time to present the initial thoughts that led to my book, WAIT: The Art and Science of Delay. Part …

Overseeing The Administrative State, Jill E. Fisch

Seattle University Law Review

In a series of recent cases, the Supreme Court has reduced the regulatory power of the Administrative State. Pending cases offer vehicles for the Court to go still further. Although the Court’s skepticism of administrative agencies may be rooted in Constitutional principles or political expediency, this Article explores another possible explanation—a shift in the nature of agencies and their regulatory role. As Pritchard and Thompson detail in their important book, A History of Securities Law in the Supreme Court, the Supreme Court was initially skeptical of agency power, jeopardizing Franklin Delano Roosevelt (FDR)’s ambitious New Deal plan. The Court’s acceptance …

The Need For Corporate Guardrails In U.S. Industrial Policy, Lenore Palladino

Seattle University Law Review

U.S. politicians are actively “marketcrafting”: the passage of the Bipartisan Infrastructure Law, the CHIPS and Science Act, and the Inflation Reduction Act collectively mark a new moment of robust industrial policy. However, these policies are necessarily layered on top of decades of shareholder primacy in corporate governance, in which corporate and financial leaders have prioritized using corporate profits to increase the wealth of shareholders. The Administration and Congress have an opportunity to use industrial policy to encourage a broader reorientation of U.S. businesses away from extractive shareholder primacy and toward innovation and productivity. This Article examines discrete opportunities within the …

The Case For Climate Reparations, Scott W. Stern

Dickinson Law Review (2017-Present)

Climate reparations are, to employ an old cliché, an idea whose time has come. Of course, calls for reparations have been emanating from the Global South since long before scholars in the Global North started paying attention. The United States has been in the midst of a public debate over reparations for many years. And reparations have become among the more contentious issues pushed by campaigners and even delegates at international climate summits. Yet, although legal scholars have begun to contend with climate reparations, there is hardly a robust body of literature on the matter. The subject deserves—demands— deep scrutiny. …

Weed Like Our Money Back: Amending Pennsylvania’S Medical Cannabis Law For Insolvent Cannabusinesses, Nikolajs V. Gaikis

Dickinson Law Review (2017-Present)

In 2016, Pennsylvania joined what is now 37 states and the District of Columbia in legalizing medical cannabis. The Commonwealth’s cannabusinesses share in a struggle that is common in other legal jurisdictions: operating within the confines of the Controlled Substances Act and the Bankruptcy Code. Insolvent individuals and businesses that profit from cannabis or hold cannabis assets cannot declare bankruptcy because cannabis is a Schedule I drug. Under state law, other insolvency alternatives like an assignment for the benefit of creditors, receiverships, and compositions with creditors exist as potential alternatives.

Pennsylvania’s insolvent cannabusinesses are in a uniquely poor position because …

Book Review—Shaping The Bar: The Future Of Attorney Licensing, Kevin P. Lee

Dickinson Law Review (2017-Present)

No abstract provided.

Students For Fair Admissions: Affirming Affirmative Action And Shapeshifting Towards Cognitive Diversity?, Steven A. Ramirez

Seattle University Law Review

The Roberts Court holds a well-earned reputation for overturning Supreme Court precedent regardless of the long-standing nature of the case. The Roberts Court knows how to overrule precedent. In Students for Fair Admissions v. Harvard (SFFA), the Court’s majority opinion never intimates that it overrules Grutter v. Bollinger, the Court’s leading opinion permitting race-based affirmative action in college admissions. Instead, the Roberts Court applied Grutter as authoritative to hold certain affirmative action programs entailing racial preferences violative of the Constitution. These programs did not provide an end point, nor did they require assessment, review, periodic expiration, or revision for greater …

Feeding The Good Fire: Paths To Facilitate Native-Led Fire Management On Federal Lands, Kevin Burdet

Seattle University Law Review

In 2003, nearly twenty Native American reservations were devastated by wildfires that originated on adjacent federal lands. The San Pasqual Reservation’s entire 1,400 acres were burned along with over a third of its homes, and seventy-five percent of the Rincon Reservation was burned, taking twenty homes with it. These devastating fires, along with others in 2002, brought about the Tribal Forest Protection Act of 2004 (TFPA), which offered hope for Tribes to propose projects on bordering or adjacent federal lands and protect reservation lands in the process. Unfortunately, twenty years later, the TFPA has had a marginal effect in enabling …

Verses Turned To Verdicts: Ysl Rico Case Sets A High-Watermark For The Legal Pseudo-Censorship Of Rap Music, Nabil Yousfi

Seattle University Law Review

Whichever way you spin the record, rap music and courtrooms don’t mix. On one side, rap records are well known for their unapologetic lyrical composition, often expressing a blatant disregard for legal institutions and authorities. On the other, court records reflect a Van Gogh’s ear for rap music, frequently allowing rap lyrics—but not similar lyrics from other genres—to be used as criminal evidence against the defendants who authored them. Over the last thirty years, this immiscibility has engendered a legal landscape where prosecutors wield rap lyrics as potent instruments for criminal prosecution. In such cases, color-blind courts neglect that rap …

The Sffa V. Harvard Trojan Horse Admissions Lawsuit, Kimberly West-Faulcon

Seattle University Law Review

Affirmative-action-hostile admissions lawsuits are modern Trojan horses. The SFFA v. Harvard/UNC case—Students for Fair Admissions, Inc. v. President & Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina, et. al., decided jointly—is the most effective Trojan horse admissions lawsuit to date. Constructed to have the distractingly appealing exterior façade of a lawsuit seeking greater fairness in college admissions, the SFFA v. Harvard/UNC case is best understood as a deception-driven battle tactic used by forces waging a multi-decade war against the major legislative victories of America’s Civil Rights Movement, specifically Title VI and Title VII …

Reshaping Government’S Fiduciary Role Under The 1992 Constitution Of Ghana, Rose Rameau, Abdul Baasit Aziz Bamba

Dickinson Law Review (2017-Present)

In Ghana and across many African States, the people—through the instrumentality of law or their respective Constitutions— have constituted their presidents trustees of the natural resources to be held in trust for the benefit of the people. With a few exceptions, mineral resource governance in Africa has been horrendous: Many African States have failed to leverage their natural resource endowments as a catalyst for much-needed socioeconomic development.

This Article analyzes the 1992 Constitution of the Republic of Ghana which provides that all public lands and natural resources in Ghana shall be vested in the President on behalf of, and in …

Capitalism Stakeholderism, Christina Parajon Skinner

Seattle University Law Review

Today’s corporate governance debates are replete with discussion of how best to operationalize so-called stakeholder capitalism—that is, a version of capitalism that considers the interests of employees, communities, suppliers, and the environment alongside (if not before) a company’s shareholders. So much focus has been dedicated to the question of capitalism’s reform that few have questioned a key underlying premise of stakeholder capitalism: that is, that competitive capitalism does not serve these various constituencies and groups. This Essay presents a different view and argues that capitalism is, in fact, the ultimate form of stakeholderism. As such, the Essay urges that the …

Masthead

Touro Law Review

No abstract provided.

A Critical Assessment Of The First Step Act’S Recidivism-Reduction Measures, Raquel Wilson

Dickinson Law Review (2017-Present)

The First Step Act of 2018 (“FSA”) is the most impactful federal sentencing reform of the past 40 years. While the Act represents a partial resurgence of the rehabilitative model of imprisonment, which had fallen out of favor decades before, it also represents a missed opportunity to fully integrate evidence-based rehabilitation programs for those offenders who pose the greatest risks to public safety.

The public has a strong interest in reducing recidivism, particularly among violent offenders, most of whom will be released from federal prison eventually. The FSA incentivizes participation in evidence-based, recidivism-reducing programs offered by the Bureau of Prisons …

The Sword And The Scale: Model Rule 8.4(G) As A Tool Of Racial Justice In The Legal Profession, Tiffany Williams Brewer

Dickinson Law Review (2017-Present)

Lady Justice. Have you seen her? Standing regal and tall with blindfolded eyes. A sword in one hand and a scale in the other. Her image represents a symbol of hope and idealism in protecting and delivering her virtues. Lawyers enter this noble profession to do right by her and carry on her legacy. We serve our clients with the aim that she will ultimately be both our arbiter of facts and our judge. While the symbolism of her blindfold is often the subject of commentary on justice, consider the symbolism of the powerful tools she has chosen in her …