Dismantling “Dilemmas Of Difference” In The Workplace, 2020 University of Pennsylvania Carey Law School
Dismantling “Dilemmas Of Difference” In The Workplace, Rangita De Silva De Alwis, Sarah Heberlig, Lindsay Holcomb
All Faculty Scholarship
Over the course of six months, the University of Pennsylvania Carey Law School’s class “Women, Law, and Leadership” interviewed 55 women between the ages of 25 and 85, all leaders in their respective fields. Nearly half of the women interviewed were women of color, and 10 of the women lived and worked in countries other than the U.S., spanning across Europe, Africa, and Southeast Asia. Threading together the common themes touched upon in these conversations, we gleaned a number of novel insights, distinguishing the leadership trajectories pursued by women who have risen to the heights of their professions. Through thousands …
Justice System Reform And Internationalization, 2020 University of Washington School of Law
Justice System Reform And Internationalization, Daniel H. Foote
Articles
As discussant. normally my role would be to offer trenchant and perceptive critiques of each of the three main reports. those by Professors Takamizawa. Matsuo. and SuamL Those reports are broad in scope, both geographical and historical; each report is outstanding: and each provides much food for thought. Yet even if time and space permitted, I myself lack sufficient knowledge regarding China. Southeast Asia and Europe to provide a thorough critique. Instead. in this essay I will shift the focus back to Japan and examine various respects in which the justice system reforms have sought to promote internationalization.
The Political Economy Of Corporate Law And Governance: American And Korean Rules Under Different Endogenous Conditions And Forms Of Capitalism, 2020 University of Florida Levin College of Law
The Political Economy Of Corporate Law And Governance: American And Korean Rules Under Different Endogenous Conditions And Forms Of Capitalism, Robert J. Rhee
UF Law Faculty Publications
Advanced economies operate under different forms of capitalism and social order. Corporate law is fixed only insofar as a country’s political economy and social organization are static. This article explains why an advanced economy may choose inefficient rules. Korean rules are the product of past industrial development policies and current social-political-economic conditions; endogenous conditions align corporate law with nationalistic sentiments and the public interest. The cost of this policy is diminution of firm value. The benefit is the erection of a plausible distinction between rule- and fact-based control of key corporate groups. This system maintains de facto national control of …
Conclusion: Law As Scapegoat, 2020 University of Pennsylvania Carey Law School
Conclusion: Law As Scapegoat, Cary Coglianese
All Faculty Scholarship
Populist nationalist movements have been on the rise around the world in recent years. These movements have tapped into, and fueled, a deep anger among many members of the public. Especially in the face of stagnant or declining economic prospects—as well as expanding inequality—much anger has been directed at minorities and migrants. Politicians with authoritarian tendencies have sought to leverage such public anger by reinforcing tendencies to scapegoat others for their society’s problems. In this paper, I show that laws and regulations—like migrants—can be framed as “the other” too and made into scapegoats. With reference to developments in Brazil, the …
Regulatory Responses To Medical Machine Learning, 2020 Centre for Advanced Studies in Biomedical Innovation Law
Regulatory Responses To Medical Machine Learning, Timo Minssen, Sara Gerke, Mateo Aboy, W. Nicholson Price Ii, Glenn Cohen
Articles
Companies and healthcare providers are developing and implementing new applications of medical artificial intelligence, including the artificial intelligence sub-type of medical machine learning (MML).MML is based on the application of machine learning (ML) algorithms to automatically identify patterns and act on medical data to guide clinical decisions. MML poses challenges and raises important questions, including (1) How will regulators evaluate MML-based medical devices to ensure their safety and effectiveness? and (2) What additional MML considerations should be taken into account in the international context? To address these questions, we analyze the current regulatory approaches to MML in the USA and …
Searching For A Summary Judgment Equivalent In Quebec Procedural Law, 2020 Research Group on Health and Law, McGIll University
Searching For A Summary Judgment Equivalent In Quebec Procedural Law, Kathleen Hammond
Dalhousie Law Journal
The summary judgment is a procedural mechanism that is meant to improve the efficiency of civil litigation by allowing a judgment to be delivered in a summary way, and without the need for a full trial. It is seen as an important tool for dealing with the growing problem of access to justice in Canada. Reform to Ontario’s summary judgment rules in 2010, and a liberal interpretation of the Ontario rules in the case of Hryniak v Mauldin, 2014, have led to a greater reliance by parties on summary judgment motions in Ontario. This trend is also apparent in other …
Providing For Victim Redress Within The Legislative Scheme For Tackling Foreign Corruption, 2020 University of Alberta, Faculty of Law
Providing For Victim Redress Within The Legislative Scheme For Tackling Foreign Corruption, Joanna Harrington
Dalhousie Law Journal
This article examines the prospects for victim redress for the corporate commission of foreign corruption, using Canada as a case study. Such cases are typically addressed by negotiated settlements, with Canada’s new “remediation agreement” regime embracing an intention to provide “reparations for harm done to victims or to the community.” Further work, however, needs to be done on defining who is a victim, with the SNC-Lavalin affair having focussed much attention on employees, pensioners and shareholders, with barely a mention of the overseas victims of the alleged crimes. To this end, the article examines comparable efforts undertaken in England to …
Cyberattacks And The Constitution, 2020 Columbia Law School
Cyberattacks And The Constitution, Matthew C. Waxman
Faculty Scholarship
Contrary to popular view, cyberattacks alone are rarely exercises of constitutional war powers – and they might never be. They are often instead best understood as exercises of other powers pertaining to nonwar military, foreign affairs, intelligence, and foreign commerce, for example. Although this more fine-grained, fact-specific conception of cyberattacks leaves room for broad executive leeway in some contexts, it also contains a strong constitutional basis for legislative regulation of cyber operations.
Stanley Surrey And The Transformation Of Administrative Law In Japan, 2020 University of Pennsylvania Carey Law School
Stanley Surrey And The Transformation Of Administrative Law In Japan, Keigo Fuchi
University of Pennsylvania Asian Law Review
No abstract provided.
Judicial Historical Revisionism In The Philippines: Judicial Review And The Rehabilitation Of Ferdinand Marcos, 2020 University of Pennsylvania Carey Law School
Judicial Historical Revisionism In The Philippines: Judicial Review And The Rehabilitation Of Ferdinand Marcos, Dante Gatmaytan
University of Pennsylvania Asian Law Review
No abstract provided.
Unconstitutional Constitutional Amendment In Taiwan: A Retrospective Analysis Of Judicial Yuan Interpretation No. 499 (2000), 2020 University of Pennsylvania Carey Law School
Unconstitutional Constitutional Amendment In Taiwan: A Retrospective Analysis Of Judicial Yuan Interpretation No. 499 (2000), David Kc Huang, Nigel Nt Li
University of Pennsylvania Asian Law Review
No abstract provided.
Introduction: The Roles Of The Restatements In U.S. Foreign Relations Law, 2020 University of Virginia School of Law
Introduction: The Roles Of The Restatements In U.S. Foreign Relations Law, Paul B. Stephan, Sarah H. Cleveland
Faculty Scholarship
This introductory chapter serves as a foreword for the volume. It sketches the history of past restatements and the evolution of the latest one. The first (confusingly called Second) Restatement of the Foreign Relations Law of the United States brought widespread attention to the term “foreign relations law.” It staunchly defended the proposition that foreign relations, no matter how imbued with discretion and prerogative, still must rest on law. The Third Restatement, prepared during a period of what to many seemed constitutional retrenchment and a loosening of judicial supervision over public life, offered a robust defense of the proposition that, …
War Powers: Congress, The President, And The Courts – A Model Casebook Section, 2020 Tulane University Law School
War Powers: Congress, The President, And The Courts – A Model Casebook Section, Stephen M. Griffin, Matthew C. Waxman
Faculty Scholarship
This model casebook section is concerned with the constitutional law of war powers as developed by the executive and legislative branches, with a limited look at relevant statutes and federal court cases. It is intended for use in Constitutional Law I classes that cover separation of powers. It could also be used for courses in National Security Law or Foreign Relations Law, or for graduate courses in U.S. foreign policy. This is designed to be the reading for one to two classes, and it can supplement or replace standard casebook sections on war powers that are shorter and offer less …
Beholding Law: Amadeo On The Argentine Constitution, 2020 Columbia Law School
Beholding Law: Amadeo On The Argentine Constitution, Christina D. Ponsa-Kraus, Erin F. Delaney
Faculty Scholarship
This essay introduces an online edition of Santos P. Amadeo’s Argentine Constitutional Law to be published by the Academia Puertorriqueña de Jurisprudencia y Legislación. Tracing the book to its origins in a paper Amadeo wrote for a seminar in comparative constitutional law at Columbia Law School in the 1930s, we discuss the intellectual context that gave rise to the book and assess its author’s methodological choices. We then examine one particular substantive choice: Whereas the paper specifically draws attention to the importance of understanding every form of political subdivision in a federalist system – identifying Argentina’s as the provinces, the …
The Patriation Of Canadian Corporate Law, 2020 Allard School of Law at the University of British Columbia
The Patriation Of Canadian Corporate Law, Camden Hutchison
All Faculty Publications
Canadian corporate law belongs within a broader Anglo-American legal tradition, sharing many of the features of other common law jurisdictions, most notably England and the United States. Prior to Confederation, Canadian corporate law first emerged from nineteenth-century English legislation and continued to resemble English law – at least superficially – well into the twentieth century. Legislation is only one source of corporate law, however. Just as important is the creation of legal rules through the common law adjudicatory process. Thus, examining case law raises an important empirical question distinct from, though relevant to, the issue of legislative influence – namely, …
The Mexican Petroleum License Of 2013: A Step To The Past To Bring Mexico Into The Present And The Grounds For An Uncertain Future, 2019 Texas A&M University School of Law
The Mexican Petroleum License Of 2013: A Step To The Past To Bring Mexico Into The Present And The Grounds For An Uncertain Future, Guillermo Garcia Sanchez
Guillermo J. Garcia Sanchez
Asian Courts And Lgbt Rights, 2019 University of North Carolina School of Law
Asian Courts And Lgbt Rights, Holning Lau
Holning Lau
Bali Mawacara: Is A Quasi-Common Law System Developing In Balinese Customary Law?, 2019 Charles Darwin University, Australia
Bali Mawacara: Is A Quasi-Common Law System Developing In Balinese Customary Law?, Danial Kelly, Wayan P. Windia
Indonesia Law Review
The Indonesian island of Bali is internationally renowned as a popular tourist destination. Tourists from around the world have been attracted to Bali’s rich and colourful displays of culture and its friendly people for many decades. Intertwined with the predominately Hindu culture that is so readily visible is the invisible customary legal system of Bali that regulates much of the daily life of the Balinese. This autochthonous legal system exists in plurality with the Indonesian state legal system. As with all legal systems, the Balinese customary law system is in a state of flux. This article will examine the foundational …
Awal Mula Ide Pilihan Hukum: Sebuah Narasi Sampai Abad Ke-19 (The Genesis Of Choice Of Law: A Narrative Up To The 19th Century), 2019 Erasmus Graduate School of Law, Netherlands
Awal Mula Ide Pilihan Hukum: Sebuah Narasi Sampai Abad Ke-19 (The Genesis Of Choice Of Law: A Narrative Up To The 19th Century), Priskila Pratita Penasthika
Jurnal Hukum & Pembangunan
The historical background of contractual choice of law is still hardly discussed in the literature of Indonesian private international law. The available literature merely focuses on the scope and limitation of the choice of law. The choice of law is accepted and discussed as a widely acknowledged doctrine without sufficiently addressing its origin and evolvement until it became the concept as we understand to date. Employing an exposition through the academic literature, this article studies the narrative that began the idea of contractual choice of law up to the end of the 19th century as an intricate idea in private …
The Separation Of Migrant Families At The Border Under The Trump Administration’S Zero-Tolerance Policy: A Critical Analysis Of The Mistreatment Of Immigrant Children Held In U.S. Custody, 2019 Barry University School of Law
The Separation Of Migrant Families At The Border Under The Trump Administration’S Zero-Tolerance Policy: A Critical Analysis Of The Mistreatment Of Immigrant Children Held In U.S. Custody, Dhillon Ramkhelawan
Child and Family Law Journal
This article provides a critical analysis of the Trump Administration’s zero-tolerance policy that separated migrant families at the Southwest United States border from April to June 2018. It will provide a statistical analysis regarding the number of migrant children that were separated from their parents during this time period, and it will describe the poor living conditions that many of these children were subjected to as they waited for their parent’s immigration cases to be decided. Additionally, this article will also critically analyze the United States’ history of mistreating migrant children who started to flee their war-torn countries in Central …