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Prefatory Matter, 2019 University of California, Hastings College of the Law

Prefatory Matter

Hastings International and Comparative Law Review

No abstract provided.


Pharmaceutical Industry Funding To Patient-Advocacy Organizations: A Cross-National Comparison Of Disclosure Codes And Regulation, Laura Karas, Robin Feldman, Ge Bai, So Yeon Kang, Gerard F. Anderson 2019 University of California, Hastings College of the Law

Pharmaceutical Industry Funding To Patient-Advocacy Organizations: A Cross-National Comparison Of Disclosure Codes And Regulation, Laura Karas, Robin Feldman, Ge Bai, So Yeon Kang, Gerard F. Anderson

Hastings International and Comparative Law Review

Transparency has become one of the primary themes in health care reform efforts in the United States and across the world. In the face of exorbitant drug prices, high levels of patient cost-sharing, and pharmaceutical expenditures that consume a growing proportion of public sector budgets, much attention has been drawn to the pharmaceutical industry. Congressional investigations, academic publications, and news articles have endeavored to reveal the extent of drug and device industry influence on health care actors. In response, several nations, including the United States, have passed legislation mandating disclosure of drug company payments to physicians. In the United States ...


The Rule Of Law And The Exploitation Of Children In Africa, John Mukum Mbaku 2019 University of California, Hastings College of the Law

The Rule Of Law And The Exploitation Of Children In Africa, John Mukum Mbaku

Hastings International and Comparative Law Review

The abuse and exploitation of children is a major public policy priority for all African countries. Throughout the continent, children are routinely abused and exploited as sex objects; tools in the production of various goods, including cocoa, gold, and various minerals, as well as, services, such as pornography and prostitution; and, as child soldiers to fight in sectarian conflicts and civil wars. Children in Africa are exploited and abused by both domestic and external or foreign actors and these include, but are not limited to, family members and community leaders, foreign tourists who seek the continent’s children for sex ...


Organ Donations: Why The Gift Of Life Ideology Is Losing Lives, Dylan Fukai 2019 University of California, Hastings College of the Law

Organ Donations: Why The Gift Of Life Ideology Is Losing Lives, Dylan Fukai

Hastings International and Comparative Law Review

As people around the world continue to die on organ transplant waiting lists, the international community sits idly by, hoping that human kindness will solve the growing need for organs. Current altruistic systems have proven to be inadequate to close the gap between the high demand for organs and the limited supply of legally available organs. The international community’s aversion toward legal organ sales and the current issues stemming from the illegal organ market continue to impede progress toward saving lives. However, some nations have begun to transition from strictly altruistic organ transplantation systems. One example of a non-altruistic ...


Legislating The Right-To-Die With Dignity In A Confucian Society—Taiwan’S Patient Right To Autonomy Act, Chih-hsiung Chen 2019 University of California, Hastings College of the Law

Legislating The Right-To-Die With Dignity In A Confucian Society—Taiwan’S Patient Right To Autonomy Act, Chih-Hsiung Chen

Hastings International and Comparative Law Review

In Confucian societies, people tend to avoid the discussion on death matters, let alone making advance directives to reject life-sustaining treatments at the end of life. Taiwan might be a pioneer in legislating the right-to-die with dignity among Confucian countries. As early as 2000, the Hospice Palliative Care Act was declared in Taiwan, which give terminally-ill patients the options to forgo life-sustaining treatments. Furthermore, in 2016, Taiwan passed the Patient Right to Autonomy Act to enhance patients’ choice at the end of life and expanded the coverage to certain types of nonterminally ill patients. On the other hand, end-of-life issues ...


How The United States Stopped Being A Pirate Nation And Learned To Love International Copyright, John A. Rothchild 2019 Wayne State University Law School

How The United States Stopped Being A Pirate Nation And Learned To Love International Copyright, John A. Rothchild

Pace Law Review

From the time of the first federal copyright law in 1790 until enactment of the International Copyright Act in 1891, U.S. copyright law did not apply to works by authors who were not citizens or residents of the United States. U.S. publishers took advantage of this lacuna in the law, and the demand among American readers for books by popular British authors, by reprinting the books of these authors without their authorization and without paying a negotiated royalty to them.

This Article tells the story of how proponents of extending copyright protections to foreign authors—called international copyright ...


Adjudicating Genocide: Is The International Court Of Justice Capable Of Judging State Criminal Responsibility?, Dermot Groome 2019 Selected Works

Adjudicating Genocide: Is The International Court Of Justice Capable Of Judging State Criminal Responsibility?, Dermot Groome

Dermot M Groome

Last February, the International Court of Justice issued a judgement adjudicating claims by Bosnia and Herzegovina that Serbia breached the 1948 Genocide Convention – the case marks the first time a state has made such claims against another. The alleged genocidal acts were the same as those that have been the subject of several criminal trials in the Yugoslav Tribunal. The judgment contained several landmark rulings – among them, the Court found that a state, as a state, could commit the crime of genocide and the applicable standard of proof for determining state responsibility is comparable to the standard used in criminal ...


Leveling The Playing Field: Advancing Free Legal Aid For The Family Law Claims Of Ethiopian Women, Maereg Tewoldebirhan Alemayehu 2019 College of William & Mary Law School

Leveling The Playing Field: Advancing Free Legal Aid For The Family Law Claims Of Ethiopian Women, Maereg Tewoldebirhan Alemayehu

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

No abstract provided.


The Immediacy Of Economic And Social Rights, Katharine Young 2019 Boston College Law School

The Immediacy Of Economic And Social Rights, Katharine Young

Katharine G. Young

No abstract provided.


“It Ain’T So Much The Things We Don’T Know That Get Us In Trouble. It’S The Things We Know That Ain’T So”: The Dubious Intellectual Foundations Of The Claim That “Hate Speech” Causes Political Violence, Gordon Danning 2019 History Research Fellow at the Foundation for Individual Rights in Education

“It Ain’T So Much The Things We Don’T Know That Get Us In Trouble. It’S The Things We Know That Ain’T So”: The Dubious Intellectual Foundations Of The Claim That “Hate Speech” Causes Political Violence, Gordon Danning

Pepperdine Law Review

The United States is an outlier in its legal protection for what is commonly termed “hate speech.” Proponents of bringing American jurisprudence closer to the international norm often argue that hate speech causes violence, particularly political violence. However, such claims largely rest on assumptions which are inconsistent with social scientists’ understanding of the causes of political violence, including that ethnic identity and ideological salience are more often the result of violence than a cause thereof; that violence during conflict is generally unrelated to the conflict’s ostensible central cleavage; and that violence is generally instrumental and elite-driven, rather than spontaneous ...


Peeling Back The Onion Of Cyber Espionage After Tallinn 2.0, David A. Wallace, Amy H. McCarthy, Mark Visger 2019 University of Maryland Francis King Carey School of Law

Peeling Back The Onion Of Cyber Espionage After Tallinn 2.0, David A. Wallace, Amy H. Mccarthy, Mark Visger

Maryland Law Review

Tallinn 2.0 represents an important advancement in the understanding of international law’s application to cyber operations below the threshold of force. Its provisions on cyber espionage will be instrumental to states in grappling with complex legal problems in the area of digital spying. The law of cyber espionage as outlined by Tallinn 2.0, however, is substantially based on rules that have evolved outside of the digital context, and there exist serious ambiguities and limitations in its framework. This Article will explore gaps in the legal structure and consider future options available to states in light of this ...


Contemporary Practice Of The United States Relating To International Law (113:2 Am J Int'l L), Jean Galbraith 2019 University of Pennsylvania

Contemporary Practice Of The United States Relating To International Law (113:2 Am J Int'l L), Jean Galbraith

Faculty Scholarship at Penn Law

This article is reproduced with permission from the April 2019 issue of the American Journal of International Law © 2019 American Society of International Law. All rights reserved.


Cashless Societies And The Rise Of The Independent Cryptocurrencies: How Governments Can Use Privacy Laws To Compete With Independent Cryptocurrencies, Matla Garcia Chavolla 2019 Elisabeth Haub School of Law at Pace University

Cashless Societies And The Rise Of The Independent Cryptocurrencies: How Governments Can Use Privacy Laws To Compete With Independent Cryptocurrencies, Matla Garcia Chavolla

Pace International Law Review

Many individuals (including governments) envision living in a future world where physical currency is a thing of the past. Many countries have made great strides in their efforts to go cashless. At the same time, there is increasing awareness among citizens of the decreasing amount of privacy in their lives. The potential hazards cashless societies pose to financial privacy may incentivize citizens to hold some of their money in independent cryptocurrencies. This article argues that in order for governments in cashless societies to keep firm control over their money supply, they should enact stronger privacy law protections for its citizens ...


Explaining China's Legal Flexibility: History And The Institutional Imperative, Justin W. Evans 2019 Parker College of Business, Georgia Southern University

Explaining China's Legal Flexibility: History And The Institutional Imperative, Justin W. Evans

Pace International Law Review

China’s legal system appears to harbor a major tension, or even a paradox. Certainty in law facilitates economic progress, which most observers agree the Communist Party requires to maintain its power—yet the Party has opted for a flexible legal system that often impedes predictability. Prior studies explain China’s legal system as a product of certain constraints and as an expedient that allows for policy adjustments. These factors undoubtedly are at work but do not fully explain the rationale for a legal design seemingly at odds with the Party’s economic goals. To obtain a fuller view, it ...


License To Kill: An Analysis Of The Legality Of Fully Autonomous Drones In The Context Of International Use Of Force Law, Andrew Figueroa 2019 Florida International University College of Law

License To Kill: An Analysis Of The Legality Of Fully Autonomous Drones In The Context Of International Use Of Force Law, Andrew Figueroa

Pace International Law Review

We live in a world of constant technological change; and with this change, comes unknown effects and consequences. This is even truer with weapons and warfare. Indeed, as the means and methods of warfare rapidly modify and transform, the effects and consequences on the laws of war are unknown. This Article addresses one such development in weapon and warfare technology—Fully Autonomous Weapons or “Killer Robots”—and discusses the inevitable use of these weapons within the current international law framework. Recognizing the current, inadequate legal framework, this Article proposes a regulation policy to mitigate the risks associated with Fully Autonomous ...


The Roots And Fruits Of Good Faith In Domestic Court Practice, Thomas Neumann 2019 Aalborg University

The Roots And Fruits Of Good Faith In Domestic Court Practice, Thomas Neumann

Pace International Law Review

Good faith—most lawyers have an opinion on these two words. While the notion of good faith may play specific roles at domestic and regional levels, it remains an elusive siren at the international level. The concept was subject to controversy at the birth of the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) and has been debated by scholars ever since. Considering that the Convention has now been in force for over thirty years, it is agreed that time is ripe for “a call to arms for further research into a uniform standard of ...


International Law Of Nuclear Weapons Nonproliferation: Application To Non-State Actors, Imrana Iqbal 2019 University of Maryland University College

International Law Of Nuclear Weapons Nonproliferation: Application To Non-State Actors, Imrana Iqbal

Pace International Law Review

International legal responses to the threat of nuclear terrorism by non-state actors have been many but often inconsistent, inadequate, and legally unsound. This Article argues in favor of resorting to successfully-implemented methods of dealing with similar crimes. International law has already expanded from its original statist conceptions and scope to include individuals, such as in international human rights norms and international humanitarian laws. In the latter, in particular, the law has expanded in the context of both international and non-international armed conflict. This Article argues that the advancement of law in these areas can lend much to efforts to bring ...


Responsibility In Building Rule Of Law: Kosovo Challenges, Avdullah Robaj, Sabiha Shala 2019 University of Haxhi Zeka

Responsibility In Building Rule Of Law: Kosovo Challenges, Avdullah Robaj, Sabiha Shala

International Journal on Responsibility

The principle of the rule of law is one of the most important and essential principles for any state and for democratic society. Its fullest realization in everyday life is the best guarantee for development of democracy and recognition and enforcement of citizens' fundamental rights and freedoms. To this end, the general principles of the rule of law today occupy a special place and are fixed explicitly in contemporary constitutions and democratic legislation. The well-known countries of Western democracies have long established a rich and valuable legacy in this regard. When exploring the contours and details about establishing the rule ...


International Criminal Responsibility In Kosovo: Establishment Of The International Criminal Court – De Lege Lata, De Lege Ferenda, Mujë Ukaj, Qendresa Jasharaj 2019 University of Haxhi Zeka

International Criminal Responsibility In Kosovo: Establishment Of The International Criminal Court – De Lege Lata, De Lege Ferenda, Mujë Ukaj, Qendresa Jasharaj

International Journal on Responsibility

The Special Court of Kosovo (Kosovo Specialist Chambers and Specialist Prosecutor's Office) with headquarters in The Hague, is one of the biggest problems Kosovo faced since the declaration of independence. This topic has been treated very little in scientific terms, while in the media it is written very much, calling it harmful to Kosovo, and even had opinions that it is a racist court since the same will initially only judge the KLA (Kosovo Liberation Army) members for alleged war crimes in Kosovo. The Special Court of Kosovo is presented as a sui generis case in the practice of ...


Beyond Geneva: Detainee Review Processes In Non-International Armed Conflict—A U.S. Perspective, Ryan J. Vogel 2019 Utah Valley University

Beyond Geneva: Detainee Review Processes In Non-International Armed Conflict—A U.S. Perspective, Ryan J. Vogel

International Law Studies

The need for detainee review in non-international armed conflict has never been more imperative. Yet, the law of armed conflict is almost completely silent on the subject. Although the law may not require States to conduct detainee review processes in non-international armed conflict, the spirit of the law encourages it, and States—particularly the United States—have begun to see utility in the development and implementation of such review processes. The object of this article is to identify an appropriate framework for detainee review, examine relevant U.S. state practice, and provide practical guidelines for implementing processes to review the ...


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