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Masthead, 2022 University of California, Hastings College of the Law

Masthead

Hastings International and Comparative Law Review

No abstract provided.


From The Editor-In-Chief, Ashlee Raskulinecz 2022 University of California, Hastings College of the Law

From The Editor-In-Chief, Ashlee Raskulinecz

Hastings International and Comparative Law Review

No abstract provided.


Duty-Free “Apocalypse Insurance”: Revisiting Peter Thiel’S New Zealand Citizenship, Jonathan Barrett 2022 University of California, Hastings College of the Law

Duty-Free “Apocalypse Insurance”: Revisiting Peter Thiel’S New Zealand Citizenship, Jonathan Barrett

Hastings International and Comparative Law Review

New Zealand has often been imagined as a place of refuge in the event of social, ecological, economic or another catastrophe. The Covid-19 pandemic drew heightened attention to the desirability of access to a remote and temperate country. For ‘preppers’ of Silicon Valley, such access represents a form of apocalypse insurance. Google co-founder Larry Page was able to enter the country, when it was effectively sealed off to outsiders, to secure medical treatment for his child. To the surprise of many, who have been waiting months if not years for their residency applications to be processed, his investor category class ...


Corruption And Merit In The African Higher Education System: Legal, Policy And Sociological Reflections, Cristiano D'orsi 2022 University of California, Hastings College of the Law

Corruption And Merit In The African Higher Education System: Legal, Policy And Sociological Reflections, Cristiano D'Orsi

Hastings International and Comparative Law Review

This article analyses, under legal, political, and sociological aspects, the plight of corruption in Higher Education in Africa. On one side, the fight against corruption on the continent seems to use a growing number of legal instruments, at all levels (international, regional, sub-regional and domestic) on the other hand, however, it clashes against rooted traditions and a common mentality that often seem to justify acts of corruption in African academia. Through my work, I shed light on this, at least apparent, dichotomy and to make a synthesis of the various positions that can be found in Africa regarding this sensitive ...


Dam Jurisprudence Of The Supreme Court Of India: Situating The Case Of Mullaperiyar Dam Dispute, S. G. Sreejith 2022 University of California, Hastings College of the Law

Dam Jurisprudence Of The Supreme Court Of India: Situating The Case Of Mullaperiyar Dam Dispute, S. G. Sreejith

Hastings International and Comparative Law Review

The Mullaperiyar dam dispute between the South Indian states of Kerala and Tamil Nadu, which pertains to the safety of a 126-year-old dam, despite a ruling by the Supreme Court of India to retain the dam, keeps on reappearing before the Court in one way or other. The primary reason for such a recurrence is the fear of 4 million people of Kerala living downstream the century-old dam. Yet the Court has been reluctant to make a final settlement to the dispute and keeps on encouraging the states to find a solution through the political process.

The reluctance of the ...


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

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 2022 Georgia State University College of Law

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 ...


Telemedicine Across Borders: Entrenched Issues Exposed By Covid-19, Richmond B. Wrinkle 2022 University of Georgia School of Law

Telemedicine Across Borders: Entrenched Issues Exposed By Covid-19, Richmond B. Wrinkle

Georgia Journal of International & Comparative Law

No abstract provided.


Back To Basics: How International Election Observation Standards Can Strengthen Democracy In The United States, Ward Evans 2022 University of Georgia School of Law

Back To Basics: How International Election Observation Standards Can Strengthen Democracy In The United States, Ward Evans

Georgia Journal of International & Comparative Law

No abstract provided.


I Spy With My Little--Gps Tracking Device: Why Georgia Should Look To The United Kingdom's Domestic Violence Laws To Deter Innovative Abuses Of Technology, Tyerus Skala 2022 University of Georgia School of Law

I Spy With My Little--Gps Tracking Device: Why Georgia Should Look To The United Kingdom's Domestic Violence Laws To Deter Innovative Abuses Of Technology, Tyerus Skala

Georgia Journal of International & Comparative Law

No abstract provided.


Constitutionalism In The Land Of The Peaceful Thunder Dragon: The Kingdom Of Bhutan's Marbury Moment, Markus G. Puder, Ngawang Choden 2022 Loyola University New Orleans College of Law

Constitutionalism In The Land Of The Peaceful Thunder Dragon: The Kingdom Of Bhutan's Marbury Moment, Markus G. Puder, Ngawang Choden

Georgia Journal of International & Comparative Law

No abstract provided.


Using Law Clerks To Improve Efficiency In Jamaican Courts, Sha-Shana Crichton 2022 Howard University School of Law

Using Law Clerks To Improve Efficiency In Jamaican Courts, Sha-Shana Crichton

Georgia Journal of International & Comparative Law

No abstract provided.


France's Organisme De Défense Et De Gestion: A Model For Farmer Collective Action Through Standard Development And Brand Management, Christopher J. Bardenhagen, Philip H. Howard, Marie-Odile Noziéres-Petit 2022 Michican State University

France's Organisme De Défense Et De Gestion: A Model For Farmer Collective Action Through Standard Development And Brand Management, Christopher J. Bardenhagen, Philip H. Howard, Marie-Odile Noziéres-Petit

Journal of Food Law & Policy

Quality-based food production, often with a regional dimension, can provide farmers with new, value added markets. It can also provide consumers with access to place based high-quality products, and may benefit local economies through increased commerce. French Organismes de Défense et de Gestion (ODGs) illustrate a mode of quality-based agri-food business organization. ODGs focus on the development of production standards, as well as management of the intellectual property related to those standards. This mode, which is commonly used in Europe, has not often been used in the United States, despite its potential for regional food system development. The ODG mode ...


Transnational Migration Deterrence, Anita Sinha 2022 American University Washington College of Law

Transnational Migration Deterrence, Anita Sinha

Boston College Law Review

The governance of global migration increasingly relies on what critical migration scholarship refers to as externalized control. Externalization encompasses limiting human mobility through the imposition of migration control measures by transit states, as well as by states that are geographically proximate to destination states. Destination states are at a minimum complicit in the creation and operation of these externalized migration control systems. To capture this phenomenon, this Article offers a reconceptualization of externalization as transnational migration deterrence. The objective of this nomenclature is to provide a framework that highlights the role of destination states, to build a lexicon of accountability ...


Neither Trumps Nor Interests: Rights, Pluralism, And The Recovery Of Constitutional Judgment, Paul Linden-Retek 2022 University at Buffalo School of Law, The State University of New York

Neither Trumps Nor Interests: Rights, Pluralism, And The Recovery Of Constitutional Judgment, Paul Linden-Retek

Cleveland State Law Review

This Article develops a novel framework for the adjudication of rights in an age of partisan and societal polarization. In so doing, it defends judicial review in a divided polity on new grounds. The Article makes two broad interventions.

First, the Article cautions against recent calls to shift rights adjudication in the United States from Dworkinian categoricalism toward proportionality analysis. Such calls correctly identify how categoricalism, by embracing the absolute nature of rights as “trumps,” pits citizens harshly against one another. The problem, however, is that proportionality’s proponents fail to see how it imposes a rights absolutism of its ...


Identity Documents For Transgender Texans: A Proposal For A Uniform System For Correcting Gender Markers In Texas, Lydia R. Harris 2022 St. Mary's University School of Law

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 ...


Foreign Antisuit Injunctions And The Settlement Effect, Connor Cohen 2022 Northwestern Pritzker School of Law

Foreign Antisuit Injunctions And The Settlement Effect, Connor Cohen

Northwestern University Law Review

International parallel proceedings, which are concurrent identical or similar lawsuits in multiple countries, often ask courts to balance efficiency and fairness against the speculative fear of insulting foreign nations. Some litigants abuse foreign duplicative litigation to exhaust their opponents’ resources and pressure them into settling out of court. This Note provides the first empirical evidence of such abuse of international parallel proceedings: when courts deny motions to enjoin foreign parallel litigation, the settlement rate rises significantly. Considering the results of this empirical project and its limitations, I encourage future studies on international parallel proceedings and settlement. I also argue for ...


The Chinese Copyright Dream, Sean A. Pager, Eric Priest 2022 Pepperdine University

The Chinese Copyright Dream, Sean A. Pager, Eric Priest

Pepperdine Law Review

Chinese President Xi Jinping’s vision of the “Chinese Dream” has captured the popular imagination. As a slogan, the Chinese Dream is intentionally broad. Intended to inspire rather than prescribe, it captures diverse aspirations including dreams of material prosperity, environmental sustainability, national rejuvenation, and global leadership. The Dream’s ramifications continue to ricochet through state policy echelons and lend themselves to competing interpretations. In that spirit, we advance a modest suggestion: that the Chinese Dream should be, at least in part, a dream about copyright law. A more effective copyright system would bolster China’s creative industries, generating a diverse ...


The Long And Winding Road To Effective Copyright Protection In China, Peter K. Yu 2022 Pepperdine University

The Long And Winding Road To Effective Copyright Protection In China, Peter K. Yu

Pepperdine Law Review

In November 2020, China adopted the Third Amendment to the Copyright Law, providing a major overhaul of its copyright regime. This Amendment entered into effect on June 1, 2021. The last time the regime was completely revamped was in October 2001, when the Copyright Law was amended two months before China joined the World Trade Organization. While U.S. policymakers and industry groups have had mixed reactions to the recent Amendment, the new law presents an opportunity to take stock of the progress China has made in the copyright reform process. This Article begins by mapping the long and winding ...


Transplanting Anti-Suit Injunctions, Peter K. Yu, Jorge L. Contreras, Yu Yang 2022 Texas A&M University School of Law

Transplanting Anti-Suit Injunctions, Peter K. Yu, Jorge L. Contreras, Yu Yang

Faculty Scholarship

When adjudicating high-value cases involving the licensing of patents covering industry standards such as Wi-Fi and 5G (standards-essential patents or SEPs), courts around the world have increasingly issued injunctions preventing one party from pursuing parallel litigation in another jurisdiction (anti-suit injunctions or ASIs). In response, courts in other jurisdictions have begun to issue anti-anti-suit injunctions, or even anti-anti-anti suit injunctions, to prevent parties from hindering the proceedings in those courts. Most of these activities have been limited to the United States and Europe, but in 2020 China emerged as a powerful new source of ASIs in global SEP litigation. The ...


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