Penn State Law
Georgetown University Law Center
Yale Law School
American University Washington College of Law
Michigan State University College of Law
Duke Law School
University of Arkansas at Little Rock William H. Bowen School of Law
Indiana University Maurer School of Law
The Sec And Foreign Private Issuers: A Path To Optimal Public Enforcement,
2018
Rutgers Law School
The Sec And Foreign Private Issuers: A Path To Optimal Public Enforcement, Yuliya Guseva
Boston College Law Review
This Article examines SEC enforcement policies and seeks to find the optimum approach to enforcement against foreign private issuers. My previous empirical study of securities class actions against foreign firms identified a number of crucial developments that mainly occurred after Morrison v. National Australia Bank. In Morrison, the Supreme Court sought to limit the extraterritorial reach of the antifraud provisions of the U.S. securities laws. The Court has scaled down the exposure of foreign issuers to securities liability risk, particularly in class-action litigation. If the Supreme Court in Morrison has created a risky enforcement lacuna on the side of ...
A Slap On The Wrist: Combatting Russia’S Cyber Attack On The 2016 U.S. Presidential Election,
2018
Boston College Law School
A Slap On The Wrist: Combatting Russia’S Cyber Attack On The 2016 U.S. Presidential Election, Christina Lam
Boston College Law Review
On June 14, 2016, suspicions emerged that Russia launched a cyber attack on the U.S. Democratic National Committee in the midst of an extremely contentious presidential election season. The damage was extensive, occurring over a series of months and resulting in numerous leaks of highly sensitive information regarding Democratic Presidential Candidate Hillary Clinton. After it was verified that Russia was behind the cyber attack, President Barack Obama relied on general and anachronistic principles of international law to issue a grossly ineffective response. Russia’s cyber attack and the U.S. response thus highlighted the ways in which international law ...
China’S Non-Tariff Measures And Consequent Obstacles To Trade,
2018
Santa Clara Law
China’S Non-Tariff Measures And Consequent Obstacles To Trade
Santa Clara Journal of International Law
China’s Non-Tariff Measures and Consequent Obstacles to Trade
The Impact Of The Singapore International Commercial Court And Hague Convention On Choice Of Court Agreements On Singapore’S Private International Law,
2018
Singapore Management University
The Impact Of The Singapore International Commercial Court And Hague Convention On Choice Of Court Agreements On Singapore’S Private International Law, Wei Yao, Kenny Chng
Research Collection School Of Law
The advent of the Singapore International Commercial Court (SICC) and the enactment of the Hague Convention on Choiceof Court Agreements 2005 (the Hague Convention) in Singapore presents an intriguing case study of the issues raised by theco-mingling of the rules of an international convention, jurisdictional rules for an international commercial court, andtraditional common law jurisdictional principles within the private international law and procedural rules of a singlenational jurisdiction. This article highlights several key issues raised by the interaction between the SICC, HagueConvention, and common law jurisdictional rules, and proposes solutions to streamline these three sets of rules into acoherent and ...
Getting The “Message” On Free Trade: Globalization, Jobs And The World According To Trump,
2018
Santa Clara Law
Getting The “Message” On Free Trade: Globalization, Jobs And The World According To Trump
Santa Clara Journal of International Law
Getting the “Message” on Free Trade: Globalization, Jobs and the World According to Trump
Protecting Defamatory Fiction And Reader-Response Theory With Emphasis On The German Experience,
2018
Saint Louis University
Protecting Defamatory Fiction And Reader-Response Theory With Emphasis On The German Experience, Henry Ordower
Henry Ordower
No abstract provided.
The Nuremberg Trials Project At Harvard Law School: Making History Accessible To All,
2018
Harvard Law School
The Nuremberg Trials Project At Harvard Law School: Making History Accessible To All, Judith A. Haran
Journal of Contemporary Archival Studies
This article is primarily a case study of the Nuremberg Trials Project at the Harvard Law School Library in Cambridge, Massachusetts. It begins with an historical note about the war crimes trials and their documentary record, including the fate of the several tons of trial documents that were distributed in 1949. The second part of the article is a description of the Harvard Law School Nuremberg project, including its history, goals, logistical considerations, digitization process and challenges, and resulting impact. The structure and function of the project website is described, followed by a description of a typical user experience, the ...
Ip Enforcement Under The Tpp: Civil And Administrative Procedures And Remedies, Provisional Measures In Tpp (Articles 18.71–18.76),
2018
Florida International University
Ip Enforcement Under The Tpp: Civil And Administrative Procedures And Remedies, Provisional Measures In Tpp (Articles 18.71–18.76), J. Janewa Osei-Tutu
Science and Technology Law Review
No abstract provided.
Modern Application Of The Islamic Principle Of Brotherhood: An Assessment Of The Syrian Refugees’ Relocation Solution In Egypt,
2018
University of San Diego
Modern Application Of The Islamic Principle Of Brotherhood: An Assessment Of The Syrian Refugees’ Relocation Solution In Egypt, Shams Al Din Al Hajjaji
San Diego International Law Journal
This Article argues that the Islamic principle of Brotherhood provides a feasible basis to solve the Arab refugee crisis. The Islamic solution is based on relocating Syrian refugees to Egypt. The solution has many positive factors that make it the most promising solution among the various other proposed solutions. The Syrian refugee crisis has been one of the major challenges for many Western countries, who have found themselves between a rock and a hard place, faced with two options. The first option involves agreeing to host the massive waves of refugees, to honor their principles of human dignity and morality ...
Regulating Fintech: Lessons From Africa,
2018
University of San Diego
Regulating Fintech: Lessons From Africa, Anton Didenko
San Diego International Law Journal
Technological innovation in finance (“FinTech”) has been on the rise in recent years, creating new challenges for regulators. These challenges vary significantly depending on the region in question and type of economy, not least because different technologies are applied to tackle different problems. This Article focuses on regulatory frameworks of two leading jurisdictions in terms of FinTech development in Sub-Saharan Africa: Kenya and South Africa. As the developments in the region cannot be analyzed in isolation from the global trends in FinTech regulation, this Article approaches the matter systematically. It starts by clarifying the existing terminology and preparing a comprehensive ...
The Uncertain Future Of Australia’S Pacific Solution,
2018
University of San Diego
The Uncertain Future Of Australia’S Pacific Solution, Chandra Roam
San Diego International Law Journal
The plight of a refugee is one that many of us will never understand. However, the ugly truth is that there is a global rise in the number of displaced persons seeking asylum. By the end of 2015, the number of displaced persons surpassed post World War II numbers, prompting developed nations around the world to enforce, amend, or implement policies targeted at controlling the flood of refugees at their borders. This Comment examines the policies of Australia, a nation that has had strict immigration policies in place for decades. Specifically, it discusses the Australian stance on refugee migration and ...
Proxy Access Voting: Evaluating Proxy Access And The Recent Phenomenon Of Corporations Adopting Shareholder Protective Policies,
2018
University of San Diego
Proxy Access Voting: Evaluating Proxy Access And The Recent Phenomenon Of Corporations Adopting Shareholder Protective Policies, Danielle Vukovich
San Diego International Law Journal
Shareholders hold a financial stake in a corporation, and therefore are often viewed as owners of the corporation and believed to be in control for all corporate actions. However, their powers are circumscribed. Board of directors committees nominate directors to serve the corporation and these directors have the power to select the corporation’s officers. The committees provide shareholders a slate of proposed directors that are voted on and approved at the annual shareholder meeting. Shareholders may also propose their own slate of directors, but this typically requires a proxy contest, which can be expensive due to the costs both ...
Foreword,
2018
University of San Diego
Foreword, Christina M. Nielsen
San Diego International Law Journal
The overwhelming reoccurring theme in this nineteenth edition of the San Diego International Law Journal centers on the international effects of recent domestic political changes in the United States. Whether a compelling factor or working in the background without express recognition, President Trump remains a point of interest in many of the articles published this academic year. Each article is distinct in legal policy and analysis and covers diverse legal topics.
Legal Responses To The European Union’S Migration Crisis,
2018
University of San Diego
Legal Responses To The European Union’S Migration Crisis, Graham Butler
San Diego International Law Journal
The European Union (“EU”) imposes on itself its own constraints in which it performs as an external actor, and yet, there is little acknowledgment of this imposed constraint. It is the post-2015 migration crisis, an unexpected occurrence, which has brought the fields of EU external relation law and EU migration law together. Europe’s external border, on both land and sea, has tightened through legal acts of non-traditional nature, namely, the resort to securitisation and militarisation. Challenges, such as mass irregular migration, require more than just individual responses from a few selected Member States that are directly affected by the ...
Crispr/Cas-9 Technologies: A Call For A New Form Of Tort,
2018
University of San Diego
Crispr/Cas-9 Technologies: A Call For A New Form Of Tort, Kendall Lovell
San Diego International Law Journal
Once relegated to the domains of science fiction, modern day scientists and researchers are poised on the precipice of making genome editing clinically available. Once introduced into a clinical setting the effects of an off-target mutation or germline edit will remain largely unknown until health issues arise later in life or in the following generation. The novelty of the injuries that will arise require a system that is able to balance the interests of physicians with single and multi-generational plaintiffs, while providing a realistic framework for courts to follow. This comment offers a brand-new context that accounts for these needs ...
Duty To Render Assistance To Mariners In Distress During Armed Conflict At Sea: A U.S. Perspective,
2018
U.S. Naval War College
Duty To Render Assistance To Mariners In Distress During Armed Conflict At Sea: A U.S. Perspective, Raul (Pete) Pedrozo
International Law Studies
In 2017, the International Committee of the Red Cross published an updated Commentary on the Second Geneva Convention. One question left unanswered by the new Commentary is the relationship between international humanitarian law and other international treaties applicable to the maritime domain, such as the U.N. Convention on the Law of the Sea (UNCLOS) and treaties adopted by the International Maritime Organization (IMO). The Second Geneva Convention establishes a legal framework for the humane treatment and protection of victims of armed conflict at sea—the wounded, sick and shipwrecked. There are circumstances, however, in which the belligerents do not ...
Book Review: Business And Commercial Litigation In Federal Courts (Fourth),
2018
Penn State Law
Book Review: Business And Commercial Litigation In Federal Courts (Fourth), Roger Z. Bollman
Penn State Journal of Law & International Affairs
No abstract provided.
Failing Our Workers: How The Fmla And Rfra Disadvantage Female Workers In The United States When Compared To Their European Union Counterparts,
2018
Penn State Law
Failing Our Workers: How The Fmla And Rfra Disadvantage Female Workers In The United States When Compared To Their European Union Counterparts, Penelope Scudder
Penn State Journal of Law & International Affairs
No abstract provided.
One Size Fits All: Unaccompanied Alien Children And The Right To Appointed Counsel,
2018
Penn State Law
One Size Fits All: Unaccompanied Alien Children And The Right To Appointed Counsel, Ginny Nunez, Esq.
Penn State Journal of Law & International Affairs
No abstract provided.
Child Soldiers In Myanmar: Role Of Myanmar Government And Limitations Of International Law,
2018
Penn State Law
Child Soldiers In Myanmar: Role Of Myanmar Government And Limitations Of International Law, Prajakta Gupte
Penn State Journal of Law & International Affairs
No abstract provided.
