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From The Editor-In-Chief, Liliana A. León Rivera 2021 University of California, Hastings College of the Law

From The Editor-In-Chief, Liliana A. León Rivera

Hastings International and Comparative Law Review

No abstract provided.


Masthead, 2021 University of California, Hastings College of the Law

Masthead

Hastings International and Comparative Law Review

No abstract provided.


A Relational Governance Perspective On The Politics Of China’S Social Credit System For Corporations, Alice de Jonge 2021 University of California, Hastings College of the Law

A Relational Governance Perspective On The Politics Of China’S Social Credit System For Corporations, Alice De Jonge

Hastings International and Comparative Law Review

This paper uses a comparative method to analyze China’s evolving Social Credit System (SCS) for corporations, and the political discourse used to portray SCS as a governance tool facilitating Corporate Social Responsibility (CSR) with Chinese characteristics. A modified relational governance framework is used. The importance of relationships (guanxi) in the Chinese business context is that it makes a modified form of the relational governance perspective uniquely appropriate. This study also draws upon evolving literature examining the role of artificial intelligence (AI) in international business contexts.

China’s corporate SCS is explicitly designed to evaluate corporate behavior through a “scoring ...


Buyer Beware: An Exploratory Assessment Of The Static And Dynamic Effects Of The New Chilean Food Labeling Model, Omar Vasquez Duque 2021 University of California, Hastings College of the Law

Buyer Beware: An Exploratory Assessment Of The Static And Dynamic Effects Of The New Chilean Food Labeling Model, Omar Vasquez Duque

Hastings International and Comparative Law Review

Chile recently introduced an innovative food warning label system that intends to reduce current overweight and obesity levels among the Chilean population. This initiative has been generally commended worldwide. Chile’s new food labeling system mandates food producers to include a warning label that resembles a stop sign when the product exceeds a certain level of calories, fat, sodium, and sugar per 100 mg. The idea behind this regulation is that by making health risks more salient to eaters with simplified disclosures, people will change their eating behavior.

As a consequence of this new law, many product markets show a ...


Unilateral Economic Sanctions And Protecting U.S. National Security, Fatemeh Bagherzadeh 2021 University of California, Hastings College of the Law

Unilateral Economic Sanctions And Protecting U.S. National Security, Fatemeh Bagherzadeh

Hastings International and Comparative Law Review

Terrorism remains the most important national security concern. Multi-national economic organizations around the world have increasingly established counter-terrorism commissions to assess the magnitude of the threat posed by terrorism. Economic sanctions have been a counter-terrorism measure for many decades and remain an essential tool of U.S. foreign policy and a mechanism to protect the U.S. national security interests. In recent years, the internationalization of terrorism and emergence of non-state terrorist actors has led the U.S. to use smart targeted sanctions to dismantle financial support of terrorism. Yet, conventional country-specific nation-wide sanctions that penalize a single target nation ...


Black Lives Matter Abroad, Too: Proposed Solutions To The Racialized Policing Of Ethiopian Jews In Israel, Samy Abdallah 2021 William & Mary Law School

Black Lives Matter Abroad, Too: Proposed Solutions To The Racialized Policing Of Ethiopian Jews In Israel, Samy Abdallah

William & Mary Journal of Race, Gender, and Social Justice

This Note will first discuss the presence of Ethiopian Jews in Israel, and then compare their stature and rights (or lack thereof) to another insular group in Israel—Arab Palestinians. Finally, this Note will discuss possible solutions and remedies to these fatal police shootings. Considering that the possibility of criminal liability for officers is low, this Note will argue that both civil remedies and additional training for police are necessary to avert future shootings of Ethiopian Jews.


Accelerating The Gains Of The Free Maternity Care In Kenya's Urban Informal Settlements, Juliet K. Nyamao 2021 William & Mary Law School

Accelerating The Gains Of The Free Maternity Care In Kenya's Urban Informal Settlements, Juliet K. Nyamao

William & Mary Journal of Race, Gender, and Social Justice

The 2010 Constitution of Kenya recognizes the special group of women living in urban informal settlements, and provides for their access to the highest attainable standards of health care, including reproductive health care. The Health Act, which was enacted in 2017, recognizes the significant challenges of accessing maternal health services among the poorest populations. Pursuant to the resolutions of the African Union, the Health Act abolished user fees for pregnant women. The Health Act instructs the county and national governments to expand free maternity care and childhood immunizations through funding. Despite Kenya’s commitment to increase the national budget for ...


Is Federal Rule Of Civil Procedure 19(B) Too Discretionary?, Cesare Cavallini, Marcello Gaboardi 2021 The University of Akron

Is Federal Rule Of Civil Procedure 19(B) Too Discretionary?, Cesare Cavallini, Marcello Gaboardi

Akron Law Review

The courts are entrusted with the implementation of required joinder of parties under Federal Rule of Civil Procedure 19. Indeed, the courts have substantial discretion to determine, under the considerations listed in Rule 19(b), whether to continue the litigation without the person who should be joined in pending litigation or to dismiss the action because such a person cannot be joined. Therefore, the courts are asked to weigh the factors under Rule 19(b) and recognize that one factor can be more important than others in a given case or other factors not listed in Rule 19(b) can ...


Russia/Eurasia, Maria Grechishkina, Natalia Lantonio, Timur Bondaryev 2021 Southern Methodist University

Russia/Eurasia, Maria Grechishkina, Natalia Lantonio, Timur Bondaryev

The Year in Review

No abstract provided.


Middle East Committee, Hdeel Abdelhady, Sarah A. Oliai, Ibrahim Sattout, Dania Dib, Emma Higham, Yasser Shabbir, Abdulaziz M. Al Hussan, Amgad T. Husein, Mahmoud Abdel-Baky, Jonathan G. Burns, Zachary J. Walker, Christian Murad, S. Elisa Kim 2021 Southern Methodist University

Middle East Committee, Hdeel Abdelhady, Sarah A. Oliai, Ibrahim Sattout, Dania Dib, Emma Higham, Yasser Shabbir, Abdulaziz M. Al Hussan, Amgad T. Husein, Mahmoud Abdel-Baky, Jonathan G. Burns, Zachary J. Walker, Christian Murad, S. Elisa Kim

The Year in Review

No abstract provided.


Mexico, Gil Anav, Francisco Garcia Bedoy Uribe, Susan Burns, Sergio Bustamante, Yurixhi Gallardo Martinez, Jorge Garcia Peralta, Karla Gudino YanezYves, Matthew Hansen, Yves Hayaux Du Tilly L., Marco Antonio Pena Barba, Juan Pablo Sainz 2021 Southern Methodist University

Mexico, Gil Anav, Francisco Garcia Bedoy Uribe, Susan Burns, Sergio Bustamante, Yurixhi Gallardo Martinez, Jorge Garcia Peralta, Karla Gudino Yanezyves, Matthew Hansen, Yves Hayaux Du Tilly L., Marco Antonio Pena Barba, Juan Pablo Sainz

The Year in Review

No abstract provided.


India, Aseem Chawla, Kavita Mohan, Poorvi Chothani, Gagan Kumar, Amit Kaushik, Namrata Patodia Rastogi, Sharanya G. Ranga, Riya Dutta 2021 Southern Methodist University

India, Aseem Chawla, Kavita Mohan, Poorvi Chothani, Gagan Kumar, Amit Kaushik, Namrata Patodia Rastogi, Sharanya G. Ranga, Riya Dutta

The Year in Review

No abstract provided.


Europe, Thomas Stanton, Laurent De Muyter, Angelique Devaux, Audrey Kavets, Valeria Miller, Jorg Rehder, John Richards, Andreas Ripken, Roselyn Sands 2021 Southern Methodist University

Europe, Thomas Stanton, Laurent De Muyter, Angelique Devaux, Audrey Kavets, Valeria Miller, Jorg Rehder, John Richards, Andreas Ripken, Roselyn Sands

The Year in Review

No abstract provided.


Canada, Angela E. Weaver, Erin Brown, Melissa N. Burkett, Sunita D. Doobay, Theodore Goloff, George Karayannides, Ken MacDonald, Martin G. Masse, Terri-Lee Oleniuk, Taylor Schappert, Ellen Snow, Clifford Sosnow 2021 Southern Methodist University

Canada, Angela E. Weaver, Erin Brown, Melissa N. Burkett, Sunita D. Doobay, Theodore Goloff, George Karayannides, Ken Macdonald, Martin G. Masse, Terri-Lee Oleniuk, Taylor Schappert, Ellen Snow, Clifford Sosnow

The Year in Review

No abstract provided.


Asia Pacific, Justin G. Persaud, Zack Spencer, Genan Zilkha 2021 Southern Methodist University

Asia Pacific, Justin G. Persaud, Zack Spencer, Genan Zilkha

The Year in Review

No abstract provided.


Africa, Diepiriye Anga, Lawrence Fubara Anga, Rosanna Barsati, Elisha Bhugwandeen, Susan Bishai, Anne Bodley, Ineke Brink, LaDawn Burnett, Kirsty Dean-Mhlongo, Michela Cocchi, Tamara Dini, Adam Dubin, Dr. Porpoise Evans, Rudolf Ezeani, Peter Finan, Elizabeth Fitzgerald, Katherine Flannery, Sara Frazao, Ganiyou Gassikia, Felicia Gordon, Jehmal Hudson, Joyce Karanja-Ng'ang'a, Sarika Karia, Ryan P. Kelley, James Lord, Lumela Lumela, Anis Mahfoud, Xolani Nyali, Nkatha Obungu, Nelson Ogbuanya, Steve Onwuasoanya, Ricardo Silva 2021 Southern Methodist University

Africa, Diepiriye Anga, Lawrence Fubara Anga, Rosanna Barsati, Elisha Bhugwandeen, Susan Bishai, Anne Bodley, Ineke Brink, Ladawn Burnett, Kirsty Dean-Mhlongo, Michela Cocchi, Tamara Dini, Adam Dubin, Dr. Porpoise Evans, Rudolf Ezeani, Peter Finan, Elizabeth Fitzgerald, Katherine Flannery, Sara Frazao, Ganiyou Gassikia, Felicia Gordon, Jehmal Hudson, Joyce Karanja-Ng'ang'a, Sarika Karia, Ryan P. Kelley, James Lord, Lumela Lumela, Anis Mahfoud, Xolani Nyali, Nkatha Obungu, Nelson Ogbuanya, Steve Onwuasoanya, Ricardo Silva

The Year in Review

No abstract provided.


Truth Commissions And Reparations: A Framework For Post-Conflict Justice In Argentina, Chile Guatemala, And Peru, Anthony Chen 2021 Student

Truth Commissions And Reparations: A Framework For Post-Conflict Justice In Argentina, Chile Guatemala, And Peru, Anthony Chen

Honors Theses (PPE)

This paper seeks to gauge the effectiveness of truth commissions and their links to creating material reparations programs through two central questions. First, are truth commissions an effective way to achieve justice after periods of conflict marked by mass or systemic human rights abuses by the government or guerilla groups? Second, do truth commissions provide a pathway to material reparations programs for victims of these abuses? It will outline the conceptual basis behind truth commissions, material reparations, and transitional justice. It will then engage in case studies and a comparative analysis of truth commissions and material reparations programs in four ...


Who Will Save The Redheads? Towards An Anti-Bully Theory Of Judicial Review And Protection Of Democracy, Yaniv Roznai 2021 William & Mary Law School

Who Will Save The Redheads? Towards An Anti-Bully Theory Of Judicial Review And Protection Of Democracy, Yaniv Roznai

William & Mary Bill of Rights Journal

Democracy is in crisis throughout the world. And courts play a key role within this process as a main target of populist leaders and in light of their ability to hinder administrative, legal, and constitutional changes. Focusing on the ability of courts to block constitutional changes, this Article analyzes the main tensions situated at the heart of democratic erosion processes around the world: the conflict between substantive and formal notions of democracy; a conflict between believers and nonbelievers that courts can save democracy; and the tension between strategic and legal considerations courts consider when they face pressure from political branches ...


The Protection Of Free Choice And The Right To Passivity: Applying The Privilege Against Self-Incrimination To Physical Examinations And Documents' Submission, Rinat Kitai-Sangero 2021 William & Mary Law School

The Protection Of Free Choice And The Right To Passivity: Applying The Privilege Against Self-Incrimination To Physical Examinations And Documents' Submission, Rinat Kitai-Sangero

William & Mary Bill of Rights Journal

This Article addresses the question of whether the privilege against selfincrimination should cover physical examinations as well as the obligation to submit documents. This question requires a serious examination of the justifications underlying the privilege against self-incrimination and is of particular relevance in the current age of technological progress that expands the powers assigned to law enforcement agencies to access knowledge and thoughts stored in individuals’ minds. After addressing the comparative law regarding the applicability of the privilege against selfincrimination to physical examinations and to the obligation to submit documents and discussing key justifications for the privilege against self-incrimination, dividing ...


"Clerical Mistake In A Judgment" Under Israeli And American Procedural Law – A New Model, Yitshak Cohen 2021 Ono Academic College Law School

"Clerical Mistake In A Judgment" Under Israeli And American Procedural Law – A New Model, Yitshak Cohen

Cleveland State Law Review

This Article examines the development and efficiency of the procedure for correction of a clerical mistake in a judgment in the Israeli law. As is well known, the procedure offers a short and simple way to correct an error in language within a decision. The litigants may file a motion to correct a decision in the same court that granted it, without having to file an appeal in the appellate court. The difficulty, however, is that this procedure contains three fundamental flaws that might even hinder its purpose: First, the law binds the parties and the court to the same ...


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