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Reducing The Governance Gap For Corporate Complicity In International Crimes, Seunghyun Nam 2019 Brooklyn Law School

Reducing The Governance Gap For Corporate Complicity In International Crimes, Seunghyun Nam

Brooklyn Journal of International Law

With increasing reports of corporations involved in serious human rights abuses that amount to international crimes, there are greater calls for states to hold these corporations accountable. Still, many obstacles and challenges remain when it comes to holding corporations accountable. Complex corporate structures, the extraterritorial dimension of the abuses, competition among states and businesses, lack of institutional capacity on the part of states, and lack of legal coordination among states collectively create an impunity gap. The case studies of the situation in Burma and the Democratic Republic of Congo involving foreign companies aim to illustrate this governance gap. With growing ...


Global Implementation Of Soda Taxes: Is There A Better Solution For Combatting Obesity?, Lauren Cedeno 2019 Brooklyn Law School

Global Implementation Of Soda Taxes: Is There A Better Solution For Combatting Obesity?, Lauren Cedeno

Brooklyn Journal of International Law

As incidences of overweight and obese populations continue to increase around the world, countries are looking for ways to decrease the prevalence of this epidemic. Soda and SSB taxes have increased in prevalence as countries seek to address the health problems associated with consumption of soda and other sugary beverages. This Note explores the implementation of these taxes in Mexico, Europe, and the United States. In analyzing these taxes, this Note seeks to gain a greater understanding of whether these taxes have impacted overweight and obesity rates in the countries and municipalities that have enacted them. This Note argues that ...


Looking To The United Kingdom To Overhaul New York State’S Paid Family Leave Law And Close The Global Gender Gap, John Pietruszka 2019 Brooklyn Law School

Looking To The United Kingdom To Overhaul New York State’S Paid Family Leave Law And Close The Global Gender Gap, John Pietruszka

Brooklyn Journal of International Law

The World Economic Forum estimates that mitigating gender-based disparities in the area of economic participation could lead to substantial economic benefits for the global economy. However, the international system of sovereign states requires this effort be piecemeal, as each state must set priorities to achieve greater gender parity within its own economic, political, and cultural contexts. The United States, by virtue of being the largest economy in the world by nominal GDP, undoubtedly has one of the largest roles to play in the effort to mitigate this global problem. Nonetheless, it lags behind other nation-states in several key areas that ...


The Oecd Multilateral Tax Instrument: A Model For Reforming The International Investment Regime?, Wolfgang Alschner 2019 Brooklyn Law School

The Oecd Multilateral Tax Instrument: A Model For Reforming The International Investment Regime?, Wolfgang Alschner

Brooklyn Journal of International Law

The international tax and investment regimes display striking similarities. They are both based on thousands of bilateral treaties that follow similar principles but differ in fine print. They each facilitate the free flow of international capital by respectively disciplining fiscal and regulatory host state conduct. Finally, they share common historical foundations and have experienced similar periods of rapid diffusion and deep contestation. Yet, while the international tax regime recently accomplished a sweeping reform to solve a decades-old legitimacy crisis, the investment regime is still grappling with its own legitimacy crisis and reform. In 2018, the multilateral tax instrument (MLI) entered ...


Of Sustainable Development In Africa: Addressing The (In)Congruence Of Plastic Bag Regulations With International Trade Rules, Regis Y, Simo 2019 Brooklyn Law School

Of Sustainable Development In Africa: Addressing The (In)Congruence Of Plastic Bag Regulations With International Trade Rules, Regis Y, Simo

Brooklyn Journal of International Law

Several aspects of the trade policies of African countries suffer from neglect in the legal literature. When they are the object of research, the focus is sometimes limited to their participation in the dispute settlement system or on the enforceability of special and differential treatment provisions. While practice displays that African countries have almost never been the target of complaints for a number a reasons, those approaches do not always take into consideration African countries’ domestic measures affecting the flow of goods and services, which could eventually trigger disputes. This paper intends to fill that gap and add to the ...


Bioethics, Law, And The Opioid Crisis: Revisiting The Concept Of Incarceration Versus Rehabilitation, Zachary J. Krauss 2019 Cedarville University

Bioethics, Law, And The Opioid Crisis: Revisiting The Concept Of Incarceration Versus Rehabilitation, Zachary J. Krauss

Bioethics in Faith and Practice

The opioid crisis has taken America by storm and is causing more deaths each year than ever originally anticipated. Our current approach to addressing the opioid crisis involves two separate approaches, one from the medical/rehabilitation side of the problem, and one from the criminal justice side. This article serves as a revisiting of the discussion of the intricate balance that must be reached between rehabilitation and incarceration in order to adequately address the problem.


Spillover Effects In Police Use Of Force, Justin E. Holz, Roman G. Rivera, Bocar A. Ba 2019 University of Chicago

Spillover Effects In Police Use Of Force, Justin E. Holz, Roman G. Rivera, Bocar A. Ba

Faculty Scholarship at Penn Law

We study the link between officer injuries-on-duty and the force-use of their peers using a network of officers who, through a random lottery, began the police academy together. We find that peer injuries-on-duty increase the probability of using force by 7%. The effect is concentrated in a narrow time window near the event and is not associated with significantly lower injury risk to the officer. Complaints of improper searches and failure to provide service also increase after peer injuries, suggesting that the increase in force might be driven by heightened risk aversion.


U.S. Immigration Policy: A Barrier To Immigrant Entrepreneurs, Innovation, And Startup Growth?, Courtney Kaiser 2019 University of Miami Law School

U.S. Immigration Policy: A Barrier To Immigrant Entrepreneurs, Innovation, And Startup Growth?, Courtney Kaiser

University of Miami Inter-American Law Review

No abstract provided.


The Politics Of Pity Versus Piety: The Poetics And Politics Behind Different Feminist Accounts On The Muslim Woman, Wei Mei Wong 2019 University of Pittsburgh

The Politics Of Pity Versus Piety: The Poetics And Politics Behind Different Feminist Accounts On The Muslim Woman, Wei Mei Wong

Journal of Islamic and Middle Eastern Multidisciplinary Studies

This article analyzes two books that utilize the construct of “The Muslim Woman” as a symbol for public consumption across a global and conceptual scale: Saba Mahmood’s book, 'Politics of Piety', and Malala Yousafzai’s and Christina Lamb’s 'I am Malala'. The motivation behind the analysis is to situate the texts within debates on essentialism within accounts of Muslim women. While essentialism and the critique of it in such discussions are not a novelty, the books demonstrate a physical manifestation of essentialism and a reductionist reaction toward this brand of essentialism. Through analysis of the content, poetics, and ...


The "License As Tax" Fallacy, Jonathan M. Barnett 2019 University of Southern California

The "License As Tax" Fallacy, Jonathan M. Barnett

University of Southern California Legal Studies Working Paper Series

Intellectual property licenses are commonly portrayed as a “tax” that limits access to technology assets, thereby stunting innovation by intermediate users and inflating prices for end-users. This presumptively skeptical view motivated postwar antitrust’s proliferation of per se rules against a wide array of licensing practices and, more recently, has driven recent Supreme Court decisions on IP licensing and enforcement actions by competition regulators in the U.S. and other commercially significant jurisdictions that would effectively rewrite licensing arrangements in wireless communication markets. Renewed skepticism toward IP licensing, and associated judicial and regulatory interventions, overlook the fact that IP licenses ...


Common Ownership And Executive Incentives: The Implausibility Of Compensation As An Anticompetitive Mechanism, David Walker 2019 Boston Univeristy School of Law

Common Ownership And Executive Incentives: The Implausibility Of Compensation As An Anticompetitive Mechanism, David Walker

Faculty Scholarship

Mutual funds, pension funds and other institutional investors are a growing presence in U.S. equity markets, and these investors frequently hold large stakes in shares of competing companies. Because these common owners might prefer to maximize the values of their portfolios of companies, rather than the value of individual companies in isolation, this new reality has lead to a concern that companies in concentrated industries with high degrees of common ownership might compete less vigorously with each other than they otherwise would. But what mechanism would link common ownership with reduced competition? Some commentators argue that one of the ...


Brief Thoughts About If Value/Then Right, Alfred C. Yen 2019 Boston College Law School

Brief Thoughts About If Value/Then Right, Alfred C. Yen

Boston College Law School Faculty Papers

In this brief Essay, I will discuss something of interest to Professor Gordon and others, namely the “if value/then right” principle and its consequences for intellectual property, particularly copyright law. That principle, which the U.S. Copyright Act does not embrace, expresses the intuition that “wherever value is received, a legal duty to pay arises, regardless of whether imposing that legal duty serves public welfare.” The if value/then right principle concerns Professor Gordon because she believes that it expresses socially unproductive hostility to free riding. If a legal obligation to pay arises whenever someone receives a benefit from ...


New Bottles, Old Wine: The Contemporary Palestinian Political Division, Abdalhadi Alijla, Aziz Al Masri 2019 Institute for Middle East Studies, Canada

New Bottles, Old Wine: The Contemporary Palestinian Political Division, Abdalhadi Alijla, Aziz Al Masri

Journal of Islamic and Middle Eastern Multidisciplinary Studies

This study examines the prolonged Palestinian division. Its essential focus is to explore the various stages that the Palestinian political system has gone through and track its development from the British mandate up to the ongoing division between Fatah and Hamas. It aims to uncover the roles of regional and foreign actors which have destabilized the Palestinian national movement. Moreover, it demonstrates the role of the United Kingdom and Israel in inciting the divide and conquer principle during the British mandate, as well as the way the Palestine Liberation Organisation managed to maintain national unity from the 1960s. Finally, this ...


Bitcoin Is Speech: Notes Toward Developing The Conceptual Contours Of Its Protection Under The First Amendment, Justin S. Wales, Richard J. Ovelmen 2019 University of Miami Law School

Bitcoin Is Speech: Notes Toward Developing The Conceptual Contours Of Its Protection Under The First Amendment, Justin S. Wales, Richard J. Ovelmen

University of Miami Law Review

Bitcoin permits users to engage in direct expressive activity with one another without the need for centralized intermediaries. It does so by utilizing an open and community-managed global database called a blockchain. While much of the literature about Bitcoin has focused on its use as a form of digital payment, this Article suggests an expanded understanding by demonstrating its use as a protocol network, not unlike the internet, that can be used to extend the possible range of human expression. After developing an appreciation of the technology, this Article recommends a framework for applying the First Amendment to Bitcoin and ...


Framing The Chicago School Of Antitrust Analysis, Herbert J. Hovenkamp, Fiona Scott Morton 2019 University of Pennsylvania Law School

Framing The Chicago School Of Antitrust Analysis, Herbert J. Hovenkamp, Fiona Scott Morton

Faculty Scholarship at Penn Law

The Chicago School of antitrust has benefited from a great deal of law office history, written by admiring advocates rather than more dispassionate observers. This essay attempts a more neutral stance, looking at the ideology, political impulses, and economics that produced the Chicago School of antitrust policy and that account for its durability.

The origins of the Chicago School lie in a strong commitment to libertarianism and nonintervention. Economic models of perfect competition best suited these goals. The early strength of the Chicago School of antitrust was that it provided simple, convincing answers to everything that was wrong with antitrust ...


Investment In Latin America Will Limit Migration North, Ryan J. O'Riordan, Stanley P. Kowalski 2019 University of New Hampshire School of Law

Investment In Latin America Will Limit Migration North, Ryan J. O'Riordan, Stanley P. Kowalski

Law Faculty Scholarship

The refugee crisis at the US Southern Border is due to multiple compounding factors: Latin America’s over-reliance on commodities, failure to economically diversify to innovation, and a lack of coherent US strategic engagement with the region. The situation is hemispheric; imploding states and a serious humanitarian calamity loom ever larger on the southern horizon. Since this represents a long-term problem requiring strategic and sustainable development initiatives, a new Alliance for Progress for the 21st Century is proposed which will build partnerships to advance innovation-driven development across the region.


Bankruptcy's Cathedral: Property Rules, Liability Rules, And Distress, Vincent S.J. Buccola 2019 Northwestern Pritzker School of Law

Bankruptcy's Cathedral: Property Rules, Liability Rules, And Distress, Vincent S.J. Buccola

Northwestern University Law Review

What justifies corporate bankruptcy law in the modern economy? For forty years, economically oriented theorists have rationalized bankruptcy as an antidote to potential coordination failures associated with a company’s financial distress. But the sophistication of financial contracting and the depth of capital markets today threaten the practical plausibility, if not the theoretical soundness, of the conventional model. This Article sets out a framework for assessing bankruptcy law that accounts for changes in the technology of corporate finance. It then applies the framework to three important artifacts of contemporary American bankruptcy practice, pointing toward a radically streamlined vision of the ...


What Do Chinese Clients Want?, Ji LI, Wei ZHANG 2019 Singapore Management University

What Do Chinese Clients Want?, Ji Li, Wei Zhang

Research Collection School Of Law

The world’s two largest economies are locked in an escalating trade war, and caught in the crossfire are hundreds of Chinese multinational companies (MNCs) that have made substantial U.S. investments. Facing heightened legal risks in a less hospitable environment, the Chinese MNCs increasingly depend on local lawyers. Yet, their purchase of U.S. legal service, a topic of both practical and theoretical importance, has received little attention. To fill the gap, this article empirically investigates how Chinese companies in the United States select their U.S. legal counsel. By analyzing a unique dataset, the article finds that Chinese ...


Exploring The Relationship Between Drug And Alcohol Treatment Facilities And Violent And Property Crime: A Socioeconomic Contingent Relationship, Christopher Salvatore, Travis A. Taniguchi 2019 Montclair State University

Exploring The Relationship Between Drug And Alcohol Treatment Facilities And Violent And Property Crime: A Socioeconomic Contingent Relationship, Christopher Salvatore, Travis A. Taniguchi

Christopher Salvatore

Siting of drug and alcohol treatment facilities is often met with negative reactions because of the assumption that these facilities increase crime by attracting drug users (and possibly dealers) to an area. This assumption, however, rests on weak empirical footings that have not been subjected to strong empirical analyses. Using census block groups from Philadelphia, PA, it was found that the criminogenic impact of treatment facilities in and near a neighborhood on its violent and property crime rates may be contingent on the socioeconomic status (SES) of the neighborhood. Paying attention to both the density and proximity of facilities in ...


Breaking Up Is Hard To Do: Why American Banks Remain Too Big To Fail, Logan D. Hovie 2019 Boston College Law School

Breaking Up Is Hard To Do: Why American Banks Remain Too Big To Fail, Logan D. Hovie

Boston College Law Review

The 2008 Financial Crisis pushed the American economy to the brink of disaster. Fearing Great Depression-like consequences, the federal government bailed out several banks deemed “too big to fail.” During the ensuing period of reform there were frequent calls to assure that taxpayers would never again be on the hook to save an institution because of the risk its size posed to the nation’s economic health. The Dodd-Frank Act of 2010 promised to end this “too big to fail” phenomenon and increased regulatory requirements for banks. Still, in the decade after the crisis, America’s biggest banks have only ...


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