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Post-Crisis Economic And Social Policy: Some Thoughts On Structural Reforms 2.0., Philomila Tsoukala 2019 Georgetown University Law Center

Post-Crisis Economic And Social Policy: Some Thoughts On Structural Reforms 2.0., Philomila Tsoukala

Georgetown Law Faculty Publications and Other Works

Managing the euro crisis has been a process of institutional transformation for the EU. The European Semester has emerged as a powerful tool for economic policy coordination between the Member States. Beyond the new enforcement tools that the Semester affords the Commission and Council in case of non-compliance with country-specific recommendations, the management of the crisis has given the Commission experience in structural reforms. The Commission now regularly uses this experience in formulating its yearly country-specific recommendations to Member States. Far from a stalwart of untethered neoliberalism, the Commission has been fashioning itself as the manager with a human face ...


Adopting And Adjusting To The Development Of The Investor-State Dispute Settlement Mechanism In China’S Recent Bilateral Investment Treaty Negotiations With The European Union, Runyang Liu 2019 University of California, Hastings College of the Law

Adopting And Adjusting To The Development Of The Investor-State Dispute Settlement Mechanism In China’S Recent Bilateral Investment Treaty Negotiations With The European Union, Runyang Liu

Hastings International and Comparative Law Review

The Investor-State Dispute Settlement (ISDS) mechanism has been widely used in international treaty-making and invoked many times in crossborder dispute resolution. ISDS is a system where a foreign investor can bring claims against a host state for its discriminatory acts upon the investor. As China pursues a new level of outbound investment in the last decade, the ISDS mechanism will apply particularly in the context of investment disputes involving Chinese investors and foreign countries. This note will examine the evolution of ISDS clauses in China’s Bilateral Investment Treaties (BITs), especially with the European Union (EU), as well as these ...


Planetary Defense: Near-Earth Objects, Nuclear Weapons, And International Law, James A. Green 2019 University of California, Hastings College of the Law

Planetary Defense: Near-Earth Objects, Nuclear Weapons, And International Law, James A. Green

Hastings International and Comparative Law Review

The risk of a large Near-Earth Object (NEO), such as an asteroid, colliding with the Earth is low, but the consequences of that risk manifesting could be catastrophic. Recent years have witnessed an unprecedented increase in global political will in relation to NEO preparedness, following the meteoroid impact in Chelyabinsk, Russia in 2013. There also has been an increased focus amongst states on the possibility of using nuclear detonation, in particular, as a means of diverting or destroying a collision-course NEO, something that a majority of scientific opinion now appears to view as representing humanity’s best—or perhaps only ...


International Law And The Struggle Against Government Impunity In Africa, John Mukum Mbaku 2019 University of California, Hastings College of the Law

International Law And The Struggle Against Government Impunity In Africa, John Mukum Mbaku

Hastings International and Comparative Law Review

In recent years, impunity has become pervasive throughout most African countries. In some African countries, impunity is due to the inability of national governments to bring perpetrators of human rights violations to account for their crimes. In others, impunity arises from the unwillingness of government to utilize the existing legal system to bring criminals, whether they are state- or non-state actors, to justice. Effectively combatting impunity in Africa must begin with the reconstruction of African States to provide democratic institutions, which are capable of adequately constraining the government and preventing civil servants and political elites from acting with impunity; and ...


New Punitive Damages In Mexican Law – Or The Chronicle Of A Failed Legal Transplant Foretold?, Edgardo Muñoz, Rodolfo Vázquez-Cabello 2019 University of California, Hastings College of the Law

New Punitive Damages In Mexican Law – Or The Chronicle Of A Failed Legal Transplant Foretold?, Edgardo Muñoz, Rodolfo Vázquez-Cabello

Hastings International and Comparative Law Review

In February 2014, the Supreme Court of Mexico, referring to some American cases and scholarly articles, held that punitive damages must be awarded to a tort plaintiff as part of the indemnity afforded by Mexican law under the head of moral damages (daños morales). Before this landmark decision, punitive damages were unknown to the Mexican legal system. The authors submit that the legal transplant carried out in Mexico has a few problems, which concern both the incorrect understanding of the adopted rule and the incompatibility of the host legal system. As a consequence, punitive damages, as they stand now in ...


Masthead, 2019 University of California, Hastings College of the Law

Masthead

Hastings International and Comparative Law Review

No abstract provided.


Planning For Excellence: Insights From An International Review Of Regulators’ Strategic Plans, Adam M. Finkel, Daniel E. Walters, Angus Corbett 2018 University of Michigan School of Public Health

Planning For Excellence: Insights From An International Review Of Regulators’ Strategic Plans, Adam M. Finkel, Daniel E. Walters, Angus Corbett

Pace Environmental Law Review

What constitutes regulatory excellence? Answering this question is an indispensable first step for any public regulatory agency that is measuring, striving towards, and, ultimately, achieving excellence. One useful way to answer this question would be to draw on the broader literature on regulatory design, enforcement, and management. But, perhaps a more authentic way would be to look at how regulators themselves define excellence. However, we actually know remarkably little about how the regulatory officials who are immersed in the task of regulation conceive of their own success.

In this Article, we investigate regulators’ definitions of regulatory excellence by drawing on ...


Ike’S Constitutional Venturing: The Institutionalization Of The Cia, Covert Action, And American Interventionism, Jacob A. Bruggeman 2018 Miami University - Oxford

Ike’S Constitutional Venturing: The Institutionalization Of The Cia, Covert Action, And American Interventionism, Jacob A. Bruggeman

Grand Valley Journal of History

U.S. covert action from the 1950s onward was shaped, in part, by the success a CIA-orchestrated coup d'état in which the United States deposed the popular Iranian nationalist Mohammed Mossadegh. Ordered by president Eisenhower, the coup in Iran set the precedent for utilizing covert action as a means of achieving State goals. In so doing, President Eisenhower overturned the precedent set by his immediate predecessor, President Truman: that is, the precedent of using the CIA in its intended function, gathering and evaluating intelligence. The coup, then, is an exemplary case of venture constitutionalism. Eisenhower, in ordering the coup ...


A Rule-Based Method For Comparing Corporate Laws, Lynn M. LoPucki 2018 UCLA School of Law

A Rule-Based Method For Comparing Corporate Laws, Lynn M. Lopucki

Notre Dame Law Review

Part I explains the processes for specifying a Scenario. It introduces the Scenario that will serve as the illustration in the remainder of this Article—a comparison of the liability of directors for the exercise of poor judgment in a Delaware corporation with the corresponding liability in a United Kingdom public limited company. Part II explains and illustrates the necessity of selecting specific entity types for comparison. Part III describes and illustrates the method for resolving the Scenario in both jurisdictions. Part IV explains and illustrates the novel process for close comparison—the extraction, juxtaposition, and comparison of decisional rules ...


Taxonomy Of Minority Governments, Lisa La Fornara 2018 Maurer School of Law: Indiana University

Taxonomy Of Minority Governments, Lisa La Fornara

Indiana Journal of Constitutional Design

A minority government in its most basic form is a government in which the party holding the most parliamentary seats still has fewer than half the seats in parliament and therefore cannot pass legislation or advance policy without support from unaffiliated parties. Because seats in minority parliaments are more evenly distributed amongst multiple parties, opposition parties have greater opportunity to block legislation. A minority government must therefore negotiate with external parties and adjust its policies to garner the majority of votes required to advance its initiatives.

This paper serves as a taxonomy of minority governments in recent history and proceeds ...


We Are All Farkhunda: An Examination Of The Treatment Of Women Within Afghanistan's Formal Legal System, Ashley Lenderman 2018 Indiana University Maurer School of Law

We Are All Farkhunda: An Examination Of The Treatment Of Women Within Afghanistan's Formal Legal System, Ashley Lenderman

Indiana Journal of Constitutional Design

In this paper, I will examine three cases of violence against women that went through the Afghan formal legal system: the case of Farkhunda, the Paghman district gang rape case, and the case of Sahar Gul. In the first Part, I will discuss the formal legal system framework on which the cases are based. In the second Part, I will discuss the cases in detail. In the third Part, I will describe neo-liberal, reformist, and neo-fundamentalist approaches to interpretation of Islamic law, and I will then draw out pieces of the decisions from the three cases that closely match these ...


Legislative Committee Systems: A Design Perspective, Chase Stoddard 2018 Indiana University Maurer School of Law

Legislative Committee Systems: A Design Perspective, Chase Stoddard

Indiana Journal of Constitutional Design

Committees are the defining characteristic of the modern legislature. While the centrality and study of party politics goes back further than committee politics, the focus on committee systems emerged over the course of the twentieth century, and legislatures could not function as we understand them without this mechanism. The United States Congressional committee system is the most studied system, yet virtually every country utilizes a committee system of some sort within its legislature. Despite their ubiquity in and centrality to the operations of legislatures, committees remain insufficiently studied, especially outside of the United States. The existing body of work tends ...


Forum Selling Abroad, Stefan Bechtold, Jens Frankenreiter, Daniel M. Klerman 2018 ETH Zurich (Swiss Federal Institute of Technology)

Forum Selling Abroad, Stefan Bechtold, Jens Frankenreiter, Daniel M. Klerman

University of Southern California Legal Studies Working Paper Series

Judges decide cases. Do they also try to influence which cases they decide? Clearly plaintiffs “shop” for the most attractive forum, but do judges try to attract cases by “selling” their courts? Some American judges actively try to enlarge their influence by making their courts attractive to plaintiffs, a phenomenon known as “forum sell-ing.” This article shows that forum selling occurs outside the U.S. as well, focusing on Germany, a country that is often held up as the paragon of the civil law approach to adjudication. As in the U.S., German courts attract cases primarily through the pro-plaintiff ...


Moving Beyond The Wto: A Proposal To Adjudicate Gmo Disputes In An International Environmental Court, Marguerite A. Hutchinson 2018 University of San Diego

Moving Beyond The Wto: A Proposal To Adjudicate Gmo Disputes In An International Environmental Court, Marguerite A. Hutchinson

San Diego International Law Journal

This Article begins with a brief summary of the scientific basis of creating GMOs and its historic precursors. The second section provides an overview of risks to humans and the environment. The third part of this Article analyzes the arguments put forward by both the United States and the E.U., which have defined the conflict between blocs of countries pushing GMOs abroad and those who persistently reject them. The fourth section evaluates the respective regulatory schemes imposed on GMOs by the United States and Europe, domestically and by international treaty. The success of these systems is evaluated in the ...


Policing Against The State: United Nations Policing As Violative Of Sovereignty, Alexandra R. Harrington 2018 University of San Diego

Policing Against The State: United Nations Policing As Violative Of Sovereignty, Alexandra R. Harrington

San Diego International Law Journal

It is the author's contention that both parties to the policing arrangement-be they individuals, states, or organizations-give up portions of their sovereignty in the creation and maintenance of the police and policed relationship where the police are not serving the state which theoretically guards the policed. Part II of this Article provides a discussion of legal concepts of state sovereignty in international law. Part III examines the role of police in U.N. peacekeeping missions from the first peacekeeping mission entailing policing operations in the 1960s through present day operations. This examination reveals a pattern in the growth and ...


Tort Reform With Chinese Characteristics: Towards A Harmonious Society In The People's Republic Of China, Andrew J. Green 2018 University of San Diego

Tort Reform With Chinese Characteristics: Towards A Harmonious Society In The People's Republic Of China, Andrew J. Green

San Diego International Law Journal

This Article presents an analysis of tort law in China specifically focusing on personal injury tort law. It provides a general background on the role of tort law in society, and then it analyzes the specific laws, regulations, and cases that form the personal injury tort regime, covering both historical and recent laws. The article then explores the forces in society and politics that seem to be behind the new legal rules. It concludes by drawing attention to several steps that may be taken as part of further reform.


Equality In Germany And The United States, Edward J. Eberle 2018 University of San Diego

Equality In Germany And The United States, Edward J. Eberle

San Diego International Law Journal

This Article will proceed as follows. Part I will describe the methodology and approach of American and German equality law. The constitutional Courts of both countries value equality highly, resulting in strong and well developed jurisprudence. Each of the Courts employ a sliding scale of judicial scrutiny with the degree of scrutiny varying with the trait or personal interest affected by the governmental measure. Strict or extremely intensive scrutiny applies to measures targeting personal traits that especially affect a person's identity, like race, national heritage, or alienage under United States law, and race, sex, gender, language, national origin, disability ...


The Meaning Of Wrongdoing - A Crime Of Disrespecting The Flag: Grounds For Preserving National Unity, Mohammed Saif-Alden Wattad 2018 University of San Diego

The Meaning Of Wrongdoing - A Crime Of Disrespecting The Flag: Grounds For Preserving National Unity, Mohammed Saif-Alden Wattad

San Diego International Law Journal

To conclude on this issue, the rights of others, as individuals and as a whole, are formulated as the social protected interest that criminal law seeks to protect through criminal means, and it is with these rights that criminal law theory should be concerned in the first level of scrutiny. However, in the second level of scrutiny, an additional set of rights are brought into play; these are the rights of the individual, namely the actor, to exercise their constitutional rights e.g., free speech, liberty, free exercise of religion. The second level of scrutiny requires balancing those rights with ...


A Canadian Lens On Third Party Litigation Funding In The American Bankruptcy Context, Stephanie Ben-Ishai, Emily Uza 2018 Osgoode Hall Law School

A Canadian Lens On Third Party Litigation Funding In The American Bankruptcy Context, Stephanie Ben-Ishai, Emily Uza

Chicago-Kent Law Review

This Article offers two major recommendations to expand the use of third party litigation funding (“TPLF”) into the U.S. insolvency context. As seen in the Canadian context, courts have accepted the use of litigation funding agreements fitting within certain parameters. If U.S. courts follow suit, friction against the implementation of TPLF can be mitigated. Alternatively, regulation may occur through legislative and regulatory models to govern and set out precisely what types of arrangements are permitted. Involving entities such as the SEC may expedite the acceptance of TPLF, but special attention is necessary not to intermingle notions of fiduciaries ...


Fiduciary Duties Of Directors Of Insolvent Corporations: A Comparative Perspective, Alessandra Zanardo 2018 Ca’ Foscari University of Venice

Fiduciary Duties Of Directors Of Insolvent Corporations: A Comparative Perspective, Alessandra Zanardo

Chicago-Kent Law Review

Over the last two decades, in many jurisdictions great emphasis has been placed on directors’ fiduciary duties when a corporation is insolvent or in the amorphous “zone of insolvency”; notably, to investigate whether the directors should continue to promote the best interests of the corporation for the benefits of its shareholders, or whether their duties shift to creditors.

The resolution of this ubiquitous issue will help to answer the following questions: Do creditors have standing to pursue claims for breach of fiduciary duties in the insolvency scenario? And, if they do, is it direct or derivative standing?

This Article will ...


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