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Deregulation And The Lawyers' Cartel, Nuno Garoupa, Milan Markovic 2022 Texas A&M University School of Law

Deregulation And The Lawyers' Cartel, Nuno Garoupa, Milan Markovic

Faculty Scholarship

At one time, the legal profession largely regulated itself. However, based on the economic notion that increased competition would benefit consumers, jurisdictions have deregulated their legal markets by easing rules relating to attorney advertising, fees, and, most recently, nonlawyer ownership of law firms. Yet, despite reformers’ high expectations, legal markets today resemble those of previous decades, and most legal services continue to be delivered by traditional law firms. How to account for this seeming inertia?

We argue that the competition paradigm is theoretically flawed because it fails to fully account for market failures relating to asymmetric information, imperfect information, and ...


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 ...


A Hague Parallel Proceedings Convention: Architecture And Features, Paul Herrup, Ronald A. Brand 2022 Member, Pennsylvania Bar

A Hague Parallel Proceedings Convention: Architecture And Features, Paul Herrup, Ronald A. Brand

Articles

In Paul Herrup and Ronald A. Brand, A Hague Convention on Parallel Proceedings, 63 Harvard International Law Journal Online 1(2022), available at https://harvardilj.org/2022/02/a-hague-convention-on-parallel-proceedings/ and https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3894502, we argued that the Hague Conference on Private International Law should not undertake a project to require or prohibit exercise of original jurisdiction in national courts. Rather, the goal of current efforts should be to improve the concentration of parallel litigation in a “better forum,” in order to achieve efficient and complete resolution of disputes in transnational litigation. The Hague Conference ...


Designing Responsive Legal Systems: A Comparative Study, Nofit Amir, Michal Alberstein 2022 Pepperdine University

Designing Responsive Legal Systems: A Comparative Study, Nofit Amir, Michal Alberstein

Pepperdine Dispute Resolution Law Journal

The drive for efficiency has caused many legal systems to redesign themselves, creating multiple paths for dispute resolution and incorporating settlement-promoting tools into the judicial role. However, as this study shows, legal systems have taken divergent approaches as they redesign themselves to accommodate settlement practices, leading to widely disparate results. This study probes the paths taken by three countries’ legal systems—England and Wales (common law), Israel (mixed), and Italy (continental law)—drawing on court docket analyses, courtroom observations, and interviews with judges in the three legal systems. It uncovers central points of divergence—emphasized stage of dispute resolution, separation ...


Citizenship And The First-Generation Limitation In Canada, Michael Pal, Luka Ryder-Bunting 2022 Univerity of Ottawa

Citizenship And The First-Generation Limitation In Canada, Michael Pal, Luka Ryder-Bunting

Dalhousie Law Journal

This article considers the current Canadian regime for citizenship by descent and what is known as the “first-generation limitation.” In 2009, Parliament legislated to limit the transmission of citizenship by descent. Known as the “first-generation limitation,” the new rules mean that a Canadian parent is only entitled to pass on their citizenship to their children born abroad if the parent themselves became a citizen by birth inside Canada or by naturalization. In other words, if an individual acquired Canadian citizenship by descent, they are not entitled to pass on their citizenship to their children unless those children are born in ...


Technology In The Security Sector: Mexico, Vanessa J. Gutierrez, Melina Ponte, Angiee Rosario, Arleen Castillo, Henry Saldarriaga, Hector Tejeda, Stephanie Reich, Rosemary Barberet 2022 CUNY John Jay College

Technology In The Security Sector: Mexico, Vanessa J. Gutierrez, Melina Ponte, Angiee Rosario, Arleen Castillo, Henry Saldarriaga, Hector Tejeda, Stephanie Reich, Rosemary Barberet

Publications and Research

The use of technology in policing seeks to improve the efficiency and effectiveness of the daily duties police officers may encounter. However, there is mixed empirical data on the use of technology and if it is really contributing to the institutional goals of the security sector, or, if it is contributing to other factors. This report provides an exploratory approach to understanding what information technology is being used in Mexico at the state level, in order to compare where broader application of information technology could make impactful contributions to the security situation in the country.

With a focus on six ...


All Bets Are On! . . . Line: The Varied Regulatory Framework Of An Interconnected Online Sports Betting System, Meg Graham 2022 University of Georgia School of Law

All Bets Are On! . . . Line: The Varied Regulatory Framework Of An Interconnected Online Sports Betting System, Meg Graham

Georgia Journal of International & Comparative Law

No abstract provided.


Surrogacy And Parenthood: A European Saga Of Genetic Essentialism And Gender Discrimination, Mélanie Levy 2022 Health Law Institute at the University of Neuchâtel; Tel Aviv University

Surrogacy And Parenthood: A European Saga Of Genetic Essentialism And Gender Discrimination, Mélanie Levy

Michigan Journal of Gender & Law

This paper tells a story of shifting normativities, from tradition to modernity and back, regarding the recognition of legal parenthood in non-traditional families created through crossborder surrogacy. The cross-border nature of the surrogacy is often forced as most domestic legal frameworks in Europe still restrict the creation of non-traditional families through assisted reproductive technologies. Once back home, these families struggle to have birth certificates recognized and establish legal parenthood. The disjuncture between social reality and domestic law creates a situation of legal limbo. In its recent case law, the European Court of Human Rights has pushed for domestic authorities to ...


Pregnant Transgender People: What To Expect From The Court Of Justice Of The European Union's Jurisprudence On Pregnancy Discrimination, Hannah Van Dijcke 2022 University of Michigan Law School

Pregnant Transgender People: What To Expect From The Court Of Justice Of The European Union's Jurisprudence On Pregnancy Discrimination, Hannah Van Dijcke

Michigan Journal of Gender & Law

Pregnant transgender people’s experiences vary: they may identify as male or non-binary and may seek gender-affirming medical care to different degrees. This variety in gender identities and bodies puts additional pressure on CJEU’s pregnancy discrimination case law—a case law that is, as this Article argues, already flawed. Building on a critique of the CJEU’s decision in Dekker, this Article discusses three alternative approaches to addressing pregnancy discrimination in EU law. The first two approaches are different ways of construing pregnancy discrimination as sex discrimination. First, the Article discusses a gender-stereotyping approach to direct sex discrimination, and ...


Masthead & Table Of Contents, 2022 Schulich School of Law, Dalhousie University

Masthead & Table Of Contents

Dalhousie Law Journal

No abstract provided.


Comparative Lessons In Sectional Title Laws: Mitigating Urban Inequality In South Africa, Edward TI 2022 Singapore Management University

Comparative Lessons In Sectional Title Laws: Mitigating Urban Inequality In South Africa, Edward Ti

Research Collection Yong Pung How School Of Law

Urban inequality in South Africa is a formidable problem that is linked to the injustices of its historical apartheid past. This paper identifies sectional titles, a form of property ownership where proprietors wholly own their apartment unit while co-owning the land and common property, as critical to providing more affordable housing. Sectional title schemes mitigate urban inequality by giving a greater proportion of the country the opportunity to own legally secure, well-located dwellings while serving as a platform where communal living could take place. Two suggestions how sectional title legislation can further alleviate aspects of urban inequality are made (1 ...


Rethinking Foreign Affairs Deference, Elad D. Gil 2022 Hebrew University

Rethinking Foreign Affairs Deference, Elad D. Gil

Boston College Law Review

How should courts handle cases that implicate foreign relations or national security? What weight should courts give to the executive branch’s view of the law in these matters? To date, one can identify in the jurisprudence of the U.S. Supreme Court no less than four theoretical approaches—varying by the degree of judicial deference due to the executive—that suggest competing visions about the constitutional role of courts in these areas. Each approach has been criticized fiercely for either abdicating the constitutional duty of the courts or obstructing the nation’s pursuit of its security and foreign policy ...


Appointing And Training Judges In Egypt And Comparative Systems, Moataz Muhammad Al-Saghir Aidaros 2022 The American University in Cairo AUC

Appointing And Training Judges In Egypt And Comparative Systems, Moataz Muhammad Al-Saghir Aidaros

Theses and Dissertations

The topic of the paper is very important, as it comes up at a time when the Egyptians have come to a point that reforming Egypt’s justice system is a hopeless case. This is due to the outdated and inefficient way of thinking and performing in the judiciary. Thus the goal of this paper is to make an intellectual contribution to a sustainable reform program of the Egyptian judiciary and namely the systems of judicial appointment and judicial training using their roles as agents of progress and development. This aspiring research argues that the Higher Council of Judicial Entities ...


Middle East, Mohamed Hashish, Walid Nabil Taha, Alon Kaplan, Meytal Liberman, Daniel Cooper, David Pfeiffer, Ola Saab, Hassan El Khalil, Kelly Blount, Bashar Malkawi, Delissa A. Ridgway 2022 Southern Methodist University

Middle East, Mohamed Hashish, Walid Nabil Taha, Alon Kaplan, Meytal Liberman, Daniel Cooper, David Pfeiffer, Ola Saab, Hassan El Khalil, Kelly Blount, Bashar Malkawi, Delissa A. Ridgway

The Year in Review

No abstract provided.


Mexico, John F. Walsh, Rommy Flores, Sonia Fleury, Carlos A. Bello, Noé Pascacio, Arciria Ireri Oreta Amador, Susan Burns, Diego Alejandro López Martinez, Eduardo Sánchez Madrigal, Yurixhi Gallardo Martinez 2022 Southern Methodist University

Mexico, John F. Walsh, Rommy Flores, Sonia Fleury, Carlos A. Bello, Noé Pascacio, Arciria Ireri Oreta Amador, Susan Burns, Diego Alejandro López Martinez, Eduardo Sánchez Madrigal, Yurixhi Gallardo Martinez

The Year in Review

No abstract provided.


Latin America & Caribbean, Mauricio Becerra de la Roca Donoso, José Francisco Mafia, Leonardo Sempértegui 2022 Southern Methodist University

Latin America & Caribbean, Mauricio Becerra De La Roca Donoso, José Francisco Mafia, Leonardo Sempértegui

The Year in Review

No abstract provided.


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