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Social and Behavioral Sciences Commons

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Comparative and Foreign Law

2022

Journal

Articles 1 - 23 of 23

Full-Text Articles in Social and Behavioral Sciences

Suspect Development Systems: Databasing Marginality And Enforcing Discipline, Rashida Richardson, Amba Kak Jun 2022

Suspect Development Systems: Databasing Marginality And Enforcing Discipline, Rashida Richardson, Amba Kak

University of Michigan Journal of Law Reform

Algorithmic accountability law—focused on the regulation of data-driven systems like artificial intelligence (AI) or automated decision-making (ADM) tools—is the subject of lively policy debates, heated advocacy, and mainstream media attention. Concerns have moved beyond data protection and individual due process to encompass a broader range of group-level harms such as discrimination and modes of democratic participation. While a welcome and long overdue shift, the current discourse ignores systems like databases, which are viewed as technically “rudimentary” and often siloed from regulatory scrutiny and public attention. Additionally, burgeoning regulatory proposals like algorithmic impact assessments are not structured to surface important –yet …


Four Modes Of Engagement: Positioning University Urban Design And Research Centers For The Future, Courtney Crosson May 2022

Four Modes Of Engagement: Positioning University Urban Design And Research Centers For The Future, Courtney Crosson

Journal of Comparative Urban Law and Policy

University urban design and research centers, which link academic pedagogy and research activities to real-world projects, have grown in number over the last several decades. As the rate of urbanization accelerates and universities’ missions become increasingly grounded in visible impact and financial self-sufficiency, these centers continue to offer an important and appealing model. This paper looks at the evolution of these centers from their beginnings in the 1950s, advancement in the 1980s, resurgence in the first decade of the 2000s, and current growing status. From a survey of over fifty centers throughout the United States, a typology is established based …


Resilience Re-Examined: Thoughts On The Covid-19 Pandemic's Lessons For Communities, John Travis Marshall May 2022

Resilience Re-Examined: Thoughts On The Covid-19 Pandemic's Lessons For Communities, John Travis Marshall

Journal of Comparative Urban Law and Policy

Prompted by this century’s major disasters, many local governments have adopted policies, plans, and laws to help guide their response to future natural hazard events. Some communities have prepared plans informed by their firsthand experience with recent catastrophic storms. Other communities have speculated about potential disaster scenarios; they have imagined the work involved in rebuilding their towns following an event that would threaten residents’ homes, health, and livelihoods. COVID-19 gives communities reason to reshape thinking around natural hazards planning. The ongoing pandemic should cause local governments to revisit and rework their plans for facilitating community recovery following a disaster. By …


Identity Documents For Transgender Texans: A Proposal For A Uniform System For Correcting Gender Markers In Texas, Lydia R. Harris Apr 2022

Identity Documents For Transgender Texans: A Proposal For A Uniform System For Correcting Gender Markers In Texas, Lydia R. Harris

The Scholar: St. Mary's Law Review on Race and Social Justice

Texas’s lack of a codified gender correction process is unjust, illegal, and against public policy. This comment highlights the injustice faced by transgender Texans without gender concordant identity documents. These injustices include discrimination based on gender stereotypes, violation of the transgender individual’s right to privacy, and violations of public policy. This comment explores possible solutions to the injustices faced by transgender Texans due to the lack of a codified uniform way to correct gender markers in Texas modeled on other jurisdictions’ approaches to this problem.

First, this comment traces the history of the recognition of transgender people and transgender rights …


From Private Prejudice To Public Policy: How Religious Conservatives Use Liberalism To Control Women's Bodies -- The United States And Israel In Comparative Perspective, Gila Stopler Mar 2022

From Private Prejudice To Public Policy: How Religious Conservatives Use Liberalism To Control Women's Bodies -- The United States And Israel In Comparative Perspective, Gila Stopler

William & Mary Bill of Rights Journal

The Article uses the feminist critique of the patriarchal nature of religion and liberalism, the feminist critique of flaws in political liberalism, and a socio-political analysis of the power of religious conservative groups in the United States and Israel to claim that religious conservatives use the patriarchal nature of liberalism, its inherent flaws, and conservative political power to turn private religious prejudice into public policy. Analyzing the constitutional and legal status of religion in the United States and the recent dramatic changes it has undergone, the Article shows that contrary to popular belief, and due to the aforementioned factors, the …


Tech And Authoritarianism: How The People’S Republic Of China Is Using Data To Control Hong Kong And Why The U.S. Is Vulnerable, Bryce Neary Jan 2022

Tech And Authoritarianism: How The People’S Republic Of China Is Using Data To Control Hong Kong And Why The U.S. Is Vulnerable, Bryce Neary

Seattle Journal of Technology, Environmental & Innovation Law

The aim of this article is to analyze and compare current events in the People's Republic of China and the United States to discuss the moral dilemmas that arise when establishing the boundary between national security interests and individual privacy rights. As we continue to intertwine our lives with technology, it has become increasingly important to establish clear privacy rights. The question then becomes: at what point should individuals sacrifice their rights for what the government considers the "greater good" of the country?

Further, this article analyzes the development of U.S. privacy law and its relationship to national security, technology, …


Development Of China's Trade Secrets Law In The Us' Shadow: Negative Consequences For China And Suggestions, Yang Chen Jan 2022

Development Of China's Trade Secrets Law In The Us' Shadow: Negative Consequences For China And Suggestions, Yang Chen

University of Pennsylvania Asian Law Review

No abstract provided.


Models Of Human Rights And Counter-Terrorism: Disabling The Terror Franchise In Southern Thailand, Mark D. Kielsgard Jan 2022

Models Of Human Rights And Counter-Terrorism: Disabling The Terror Franchise In Southern Thailand, Mark D. Kielsgard

University of Pennsylvania Asian Law Review

No abstract provided.


Vote By Blood: The Perpetuating Function Of Proxies In Japanese Nationality Law, Andrew Masaru Orita Jan 2022

Vote By Blood: The Perpetuating Function Of Proxies In Japanese Nationality Law, Andrew Masaru Orita

University of Pennsylvania Asian Law Review

No abstract provided.


Director Liability Framework During Borderline Insolvency And Corporate Failure In India, M P Ram Mohan, Urmil Shah Jan 2022

Director Liability Framework During Borderline Insolvency And Corporate Failure In India, M P Ram Mohan, Urmil Shah

University of Pennsylvania Asian Law Review

No abstract provided.


China's Approach To Central Bank Digital Currency: Selectively Reshaping International Financial Order?, Heng Wang Jan 2022

China's Approach To Central Bank Digital Currency: Selectively Reshaping International Financial Order?, Heng Wang

University of Pennsylvania Asian Law Review

No abstract provided.


Economic Challenges And Prison Renovation In Reform China, Mao-Hong Lin Jan 2022

Economic Challenges And Prison Renovation In Reform China, Mao-Hong Lin

University of Pennsylvania Asian Law Review

No abstract provided.


The Curse Of The Lecherous Spiritual Charlatans: Law, Moral Panic And Newspaper Reports Of Rape By Religious Fraud In Taiwan, Jianlin Chen, Shao Yuan Chong Jan 2022

The Curse Of The Lecherous Spiritual Charlatans: Law, Moral Panic And Newspaper Reports Of Rape By Religious Fraud In Taiwan, Jianlin Chen, Shao Yuan Chong

University of Pennsylvania Asian Law Review

No abstract provided.


An Empirical Study Of Values Of Law Students In South Korea: Does 'Americanized' Legal Education Impact Their Confucian Ethics?, Richard Wu, Jaewon Kim Jan 2022

An Empirical Study Of Values Of Law Students In South Korea: Does 'Americanized' Legal Education Impact Their Confucian Ethics?, Richard Wu, Jaewon Kim

University of Pennsylvania Asian Law Review

No abstract provided.


Workforce Equality: The Constitutional Conception Of Educational Equality In Mao-Era China, Mengyun Ma Jan 2022

Workforce Equality: The Constitutional Conception Of Educational Equality In Mao-Era China, Mengyun Ma

University of Pennsylvania Asian Law Review

No abstract provided.


Focus On China: The Expansive Use Of National Security Measures To Address Economic Competitiveness Concerns, Stephen Kho, Yujin K. Mcnamara Jan 2022

Focus On China: The Expansive Use Of National Security Measures To Address Economic Competitiveness Concerns, Stephen Kho, Yujin K. Mcnamara

University of Pennsylvania Asian Law Review

No abstract provided.


Masthead Jan 2022

Masthead

University of Pennsylvania Asian Law Review

No abstract provided.


The Rise Of 5g Technology: How Internet Privacy And Protection Of Personal Data Is A Must In An Evolving Digital Landscape, Justin Rabine Jan 2022

The Rise Of 5g Technology: How Internet Privacy And Protection Of Personal Data Is A Must In An Evolving Digital Landscape, Justin Rabine

Catholic University Journal of Law and Technology

No abstract provided.


The Application Of The Right To Be Forgotten In The Machine Learning Context: From The Perspective Of European Laws, Zeyu Zhao Jan 2022

The Application Of The Right To Be Forgotten In The Machine Learning Context: From The Perspective Of European Laws, Zeyu Zhao

Catholic University Journal of Law and Technology

The right to be forgotten has been evolving for decades along with the progress of different statutes and cases and, finally, independently enacted by the General Data Protection Regulation, making it widely applied across Europe. However, the related provisions in the regulation fail to enable machine learning systems to realistically forget the personal information which is stored and processed therein.

This failure is not only because existing European rules do not stipulate standard codes of conduct and corresponding responsibilities for the parties involved, but they also cannot accommodate themselves to the new environment of machine learning, where specific information can …


Formality, Freedom Of Contract, And China's New Civil Code: A Legal Reform Recommendation For Land Sale Contracts, Wei Wen Jan 2022

Formality, Freedom Of Contract, And China's New Civil Code: A Legal Reform Recommendation For Land Sale Contracts, Wei Wen

University of Pennsylvania Asian Law Review

No abstract provided.


Masthead Jan 2022

Masthead

University of Pennsylvania Asian Law Review

No abstract provided.


Miranda In Taiwan: Why It Failed And Why We Should Care, Shih-Chun Steven Chien Jan 2022

Miranda In Taiwan: Why It Failed And Why We Should Care, Shih-Chun Steven Chien

University of Pennsylvania Asian Law Review

No abstract provided.


Pound For Pound? Roscoe Pound's Adventures In China And Questions They Pose For Scholars Of Contemporary China, William P. Alford, Xingzhong Yu Jan 2022

Pound For Pound? Roscoe Pound's Adventures In China And Questions They Pose For Scholars Of Contemporary China, William P. Alford, Xingzhong Yu

University of Pennsylvania Asian Law Review

No abstract provided.