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Entering The Trump Ice Age: Contextualizing The New Immigration Enforcement Regime, Bill Ong Hing

Texas A&M Law Review

During the early stages of the Trump ICE age, America seemed to be witnessing and experiencing an unparalleled era of immigration enforcement. But is it unparalleled? Did we not label Barack Obama the “deporter-inchief?” Was it not George W. Bush who used the authority of the Patriot Act to round up nonimmigrants from Muslim and Arab countries, and did his ICE not commonly engage in armed raids at factories and other worksites? Are there not strong parallels that can be drawn between Trump enforcement plans and actions and those of other eras? What about the fear and hysteria that seems …

Globalization Of Business Lawyering In Japan, Yoshimichi Makiyama

UC Law SF International Law Review

The development of a legal system under globalization has impacted the legal practice of cross-border transactions. Businesses are confronted with several legal systems in foreign jurisdictions, as well as, foreign languages. On the other hand, the role of the legal system of each country becomes relatively diminished in the area of cross border transactions. The legal risk may materialize as uncertain knowledge and recognition of foreign legal systems and international law. From this perspective, it is more important to understand the roles of lawyers who support solving legal issues in transnational business. Cross-border transactions involve several different jurisdictions where the …

The Complexities Of Human Rights And Constitutional Reform In The United Kingdom; Brexit And A Delayed Bill Of Rights: Informing (On) The Process, Katie Boyle, Leanne Cochrane

Northwestern Journal of Human Rights

The United Kingdom’s politicised and contested human rights framework has come under increasing pressure during recent periods of constitutional and political instability. The UK 2016 referendum on membership of the European Union, the delayed repeal of the Human Rights Act 1998 and the proposals to enact a British Bill of Rights have all shaped the discourse at the national level around decisions to retain rights (or not) rather than progressively improve the human rights structure. The European Union and Council of Europe human rights frameworks act as important pillars of human rights and democracy under the UK constitution and each …

Globalization Of Japanese Lawyers: Achievements,Challenges, And Expectations Of American Law Schools, Akira Kawamura

UC Law SF International Law Review

Globalization of the legal profession is ever relevant, as the ideology of globalism is challenged in many places around the world today. The most controversial backlash against globalization was the U.S. presidential election, held only a few weeks before the UC Hastings College of the Law symposium on the globalization of the legal profession. In the last twenty years, the legal service industry has transformed dramatically and has grown exponentially as part of the global economy, especially with the growth of global financial industries. Should globalization be criticized, the global legal profession may undergo criticism as well. As Dr. Stiglitz …

Role Of Bar Associations In The Globalization Of Japaneselawyers, Tatsu Katayama

UC Law SF International Law Review

Japanese lawyers have faced the globalization of legal markets for decades. The first wave of globalization was characterized by inbound work. It came in 1987, when Japan opened its legal markets to foreign lawyers. Since then, foreign law firms have established offices in Japan and practiced together with Japanese lawyers on international legal matters. The second wave of globalization was characterized by outbound work. Japanese lawyers practicing outside of Japan have increased significantly in the past several years. My presentation briefly describes activities of the Japan Federation of Bar Associations (“JFBA”) in the context of the globalization of Japanese lawyers.

Public Interest Lawyering In Japan Under Globalization, Shinichi Sugiyama

UC Law SF International Law Review

Globalization came to the Japanese legal community as a form of legal reform early in the millennium. The reform has impacted not only business lawyering, but also public interest lawyering, which aims at access to justice (see Parts I and II). The growing national budget has improved legal services for the underrepresented (see Part III). The increasing number of Japanese lawyers has brought improvement in access to justice to thinly populated areas. More attorneys seek careers as in-house lawyers in business or public interest organizations such as the United Nations (see Parts IV, V). The negative effects of public interest …

Changing Governance Models By Applying Blockchain Computing, Steve Young

Catholic University Journal of Law and Technology

No abstract provided.

The Reform Of The Russian Legal Profession: Three Varying Perspectives, Susan Carle, Delphine Nougayrède

Scholarly Articles in Law Reviews & Journals

This Article was co-authored by Susan Carle (American University Washington College of Law), Gayane Davidyan (Moscow State University), Thomas McDonald and Delphine Nougayrède. In the Article the four authors debate various approaches to reforming the legal profession in Russia. They start out with a historical introduction followed by a presentation and discussion of the status at present. A large number of legal practitioners, including the international law firms, are currently unregulated and practice within what is sometimes referred to as the "free sector". The Russian government has for a number of years attempted to introduce reforms that would require these …

Book Review: Legal Scholarship In Japan, Daniel H. Foote

Book Reviews

No abstract provided.

Inaccessible Apexes: Comparing Access To Regional Human Rights Courts And Commissions In Europe, The Americas, And Africa Symposium: Comparing Regional Human Rights Regimes, Claudia Martin, Francoise Hampson, Frans Vilijoen

Scholarly Articles in Law Reviews & Journals

The three well-established regional human rights systems (in Europe, the Americas, and Africa) aim to provide access to individuals to a decision and remedy based on the violation of human rights in the founding treaties. In this article, the notion of the "dispute pyramid," developed in sociolegal studies, generally, is adjusted to describe and help us better understand regional access. Access differs considerably across the three systems, and its major stumbling blocks present themselves at different stages. In the European system, most cases are dismissed at the admissibility phase. In the Inter-American system, most cases are weeded out at the …

Legal Activism In The Face Of Political Challenges: The Nigerian Case, Jayanth K. Krishnan, Kunle Ajagbe

Articles by Maurer Faculty

Countries that move from authoritarianism to democracy often see increased rights-based, social justice lawyering after the transition. Given the new freedoms and opportunities present, this outcome is hardly surprising. However, relying on a literature and theoretical frame developed over the past two decades, this study argues that, in fact, such lawyering can have its historical roots in the legal activism that occurred during previous authoritarian periods. Consider Africa’s most populous country – Nigeria. Since gaining independence in 1960, Nigeria has witnessed, in total, nearly 30 years of military dictatorship. In 1999, the country adopted a democratic system of government, which …

Court Reform With Chinese Characteristics, Margaret Y.K. Woo

Washington International Law Journal

In Court Reform on Trial: Why Simple Solutions Fail, Malcolm Feeley identified a number of obstacles that undermine reforms of the United States court system. Feeley’s proposed solution was to adopt a problem-oriented “rights strategy”—letting the courts themselves solve their problems through litigation. This is because litigation is a forum in which courts are well placed to identify specific problems and devise pragmatic solutions. This Article takes a look at this proposition in the context of court reforms in China and concludes that courts (and law) are also a reflection of national goals and identity. Any reforms to a …

Advance Toward "People's Court" In South Korea, Yong Chul Park

Washington International Law Journal

Since 2008, criminal jury trials have been implemented in South Korea with the Citizen Participation in Criminal Trials Act. Under the Act, defendants have the option to choose a jury trial over a bench trial, although jury verdicts, as well as sentencing opinions rendered by a jury, are not binding on the court pursuant to Article 46(2) of the Act. While Korea’s adoption of a criminal jury trial was an ambitious move toward judicial reform, it has faced serious obstacles and has had limited influence over the Korean judicial system. In this Article, I use the five stages of planned …

Piloting Personhood: Reflections From The First Year Of A Supported Decision-Making Project, Kristin Booth Glen

Cardozo Law Review

The amazing Symposium on Personhood and Civic Engagement by People with Disabilities included a variety of perspectives: legal, cultural, historical, philosophical, and educational, including a panel on "Legal Barriers to Personhood" from which this article was derived. Despite legal analysis, theory, and even description, there was little "in the weeds" discussion of how personhood can actually be protected and preserved for persons with intellectual and developmental disabilities (I/DD).1 Locating personhood within the human right of legal capacity, and positing guardianship in diametric opposition, this Article attempts to describe some of the lessons I have learned in the first year of …

A Call To Higher Action: Cannabis Prohibition In The United States And Canada Makes For An Uncertain Future, Carlos Alvarez

University of Miami International and Comparative Law Review

No abstract provided.

Courts And Arbitration: Reconciling The Public With The Private, Susan L. Karamanian

Arbitration Law Review (2009 - Present)

No abstract provided.

Deepening Lawyer Role Education To Serve Students And Society, Deborah Weimer

UC Law SF International Law Review

The last decade has seen an increase in focus on the plight of the unrepresented, as well as a recognition that these needs are growing dramatically. In 2006, the American Bar Association formally adopted a resolution calling for the provision of counsel to low income individuals in cases involving shelter, sustenance, safety, health and child custody. The ABA recognized the social costs in each of these areas when counsel is not available.

The Criminal Mind: Neuroscientific Evidence As A Mitigating Factor In Sentencing In New South Wales, Australia, Ellie A. Page

Washington International Law Journal

“Neurolaw” is the emerging field of Law and Neuroscience that has the potential to lend insight into an offender’s mental state and influence criminal responsibility. In New South Wales, Australia, courts allow neuroscientific evidence of an offender’s cognitive impairment as a consideration in sentencing proceedings. In this comment, I discuss the discretionary nature of New South Wales’ sentencing regime and the limitations of how neuroscience may be utilized within that regime. Although neuroscientists can address the association of an offender’s cognitive impairment with the commission of a crime, they cannot identify, with certainty, a causal relationship. I analyze an original …

Achieving Justice Through Adr: An Analysis Of The Korean Mediation System, Yonghwan Choung

Maurer Theses and Dissertations

The purpose of this research is to reconsider Korean judicial mediation as a part of alternative dispute resolution (“ADR”) and to discuss the possible legal transition of Korean judicial mediation into private sector mediation.

Similar to other states’ judicial problems, Korea has also faced overloaded case dockets, congestion of the civil process, an expensive legal process, and emotional stress on parties during the procedures. The Korean judicial authority continuously developed the Korean mediation programs, which can be categorized as court-related mediation, including court-annexed and court-connected mediations. Based on enactment of the Judicial Conciliation of Civil Disputes Act of 1990 (“JCCDA”) …

One Person, One Vote: Gerrymandering And The Independent Commission, A Global Perspective, James Ruley

Indiana Law Journal

In 1863, on the hallowed fields at Gettysburg, Abraham Lincoln encapsulated a core principle of democracy by describing our system as a “government of the people, by the people, [and] for the people.” This definition accurately depicts the ideal of democracy—that supreme power is vested in the citizenry, not in the government itself. Since the American model is based on representative democracy instead of direct democracy, extreme scrutiny must be placed upon the system of choosing representatives if government is to accurately represent the will of the people.

One of the greatest abuses of a citizen’s voting rights is gerrymandering. …

The Future Of Transnational Self-Regulation – Enforcement And Compliance In Professional Services, Panagiotis Delimatsis

UC Law SF International Law Review

The increased expansion of economic activity beyond national borders leads to a shift of regulatory power. Public authorities concede power, explicitly or tacitly, to private bodies, whereas the multilayered ecology of global governance inevitably increases the role of transnational institutional structures. This article examines such developments in the area of professional services. It starts by analyzing the self -regulation phenomenon in professional services and points to examples where professional associations accentuate their unique nature t o justify the importance of nonintervention in their internal affairs. Powerful professional associations have been thereby created, which, depending on the services subsector (e.g., legal, …

Above The Law? Innovating Legal Response To Build A More Accountable U.N.: Where Is The U.N. Now?, Bruce Rashkow

ILSA Journal of International & Comparative Law

This is an issue that has come under increasing scrutiny amid allegations of sexual exploitation and abuse by United Nations (U.N.) personnel, including peacekeeping forces, and allegations that peacekeepers introduced cholera to Haiti

Contemplated Amendments To Japan's 1947 Constitution: A Return To Iye, Kokutai And The Meiji State, Carl F. Goodman

Washington International Law Journal

The post World War II American Occupation of Japan was a huge programmatic success. Its disarmament, repatriation, land reform, and health programs put a defeated Japan on the road to recuperation, while providing a military shield that enabled Japan to focus on recovery from the War and rebuilding the country and economy. Perhaps its most enduring legacy was its Enlightenment-based, American-drafted, rights-oriented Constitution of 1947 [hereinafter “the Constitution”]. Drafted in English, the Constitution was promulgated in Japanese, resulting in some substantive changes. Among the most important of these were changing the English word “people” into the Japanese “kokumin” …

One Country, Two Systems: Hong Kong's Unique Status And The Development And Growth Of Arbitration In China, Jiali (Keli) Huang

Cardozo Journal of Conflict Resolution

This Note evaluates the future of arbitration in China and Hong Kong as the two approach their twentieth year working toward reunification under the implications of the "one country, two systems" model, which was implemented in Hong Kong when Hong Kong's sovereignty was transferred back to China in 1997. First, this Note explains Hong Kong's unique identity, the factors that triggered the Umbrella Movement and the Fishball Revolution, and Hong Kong's current relationship with China. Second, this Note provides a broad overview of the development of arbitration in China. Third, this Note describes the arbitral history between China and Hong …

A Legal Study On The Internal Control System For Direction Of Legislation In Korea, Sungbum Kwon

Maurer Theses and Dissertations

The concept of internal control began in accounting professional groups, gradually expanded to the administrative control and the risk management from accounting control, and became an important area that cannot be excluded from the operation of the public companies in the U.S.

When the Enron scandal struck the credibility of the stock market in the U.S. in 2001, the authorities implemented reformative measures including the SOX enactment to protect investors. Although there has been a controversy over this legislation since the enactment of the SOX, it appears that the U.S. capital market has been restoring confidence with the efforts of …

The Globalization Of Entrepreneurial Litigation: Law, Culture, And Incentives, John C. Coffee Jr.

Faculty Scholarship

The fiftieth anniversary of Rule 23’s adoption in 1966 provides an opportunity to consider how legal change occurs. Law, culture, and incentives all play a role. But which dominates? The adoption of Rule 23 preceded a significant surge in the use of the class action, and some areas of litigation came to depend on Rule 23’s availability (e.g., securities litigation, antitrust litigation, and, for a time, mass torts litigation). Perhaps even more importantly, Rule 23 spurred the growth of the plaintiff’s bar, enabling small firms with a handful of lawyers to develop into major institutional firms of one hundred or …

The Hipaa Privacy Rule And The Eu Gdpr: Illustrative Comparisons, Stacey A. Tovino

Scholarly Works

In this Article, Professor Tovino compares and contrasts three illustrative concepts and rights in the Privacy Rule and/or the GDPR, including the concepts of authorization and consent, the rights of amendment and rectification, and the right to erasure. Identified similarities reflect the core values of HHS and the EU with respect to maintaining the confidentiality and privacy of personal data and protected health information, respectively. Identified differences reflect the Privacy Rule's original, narrow focus on health industry participants and individually identifiable health information compared to the GDPR's broad focus on data controllers and personal data. Other differences reflect, perhaps, the …

European Communities – Legal Profession – Council Passes Directive Allowing Lawyers To Provide Services Across National Borders (Council Directive, March 22, 1977), David S. Gordon

Georgia Journal of International & Comparative Law

No abstract provided.

Conceptions Of Indigenousness In The Case Law Of The European Court Of Human Rights, Stefan Kirchner

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Front Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.