Digital Commons Network^™

Restricting Your Right To Boycott: Free Speech Implications Regarding Legislation Targeting The Boycott, Divestment, And Sanctions (Bds) Movement In The United States And The European Union, Jad Essayli

San Diego International Law Journal

On December 11, 2019, President Trump signed Executive Order 13899, which directs government agencies charged with enforcing Title VI of the Civil Rights Act to adopt a distorted definition of antisemitism intended to censor advocacy for Palestinian rights. The order conflates political criticism of the state of Israel with antisemitism—the primary reason why past attempts to pass similar legislation in Congress have consistently failed. Nonetheless, this uniliteral action taken by the President to redefine antisemitism as a means to censure criticism of Israeli polices raises genuine legal concern. Particularly considering that the same year, on February 4, 2019, the United …

Modernity And The Law: A Late Twentieth Century View, Robert P. Burns

Notre Dame Journal of International & Comparative Law

This Article explores Roberto Unger’s understanding of the specific significance that modernity has for law. It provides an account of the distinctions among customary law, bureaucratic law, the modern liberal rule of law ideal, and the unraveling of the rule of law in postliberal societies. It compares his views with those of other major theorists of modernity and with legal theorists. Finally, it discusses his speculations about then future developments and the relationship between central institutional and philosophical issues.

Legal System Network Effects And Global Legal Development, David C. Donald

Notre Dame Journal of International & Comparative Law

Law originates in local environments, yet can be transmitted globally or over time to new contexts and foreign or future users. At its origin, law arises in response to social needs, but once formalized it takes on a semantic life of its own in a network of users. A rule created in response to a random New York plaintiff could—with sufficient popularity—end up as the standard norm applied globally, regardless of its underlying suitability for specific local needs.

To better understand the consequence of these legal system network effects on global legal development, this Article applies Klausner’s network theory of …

Taking The State To Court: A Study Of The Baha’I Case, Reem Awny Abuzaid

Archived Theses and Dissertations

No abstract provided.

Prefatory Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.

Global Networks And The Legal Profession, Laurel S. Terry

Akron Law Review

This Article addresses the topic of global legal profession networks. The thesis of this article is that lawyers’ connection to global legal profession networks - meaning the relationships that lawyers and their employers form with individuals and institutions in other countries - is valuable for both the lawyers themselves, and for their clients. Although scholars have written about different kinds of legal profession-networks, this is the first article I am aware of that focuses on the topic of global legal profession networks and seeks to identify the various opportunities that lawyers and their employers have to participate in these kinds …

Delaware's New Competition, William J. Moon

Faculty Scholarship

According to the standard account in American corporate law, states compete to supply corporate law to American corporations, with Delaware dominating the market. This “competition” metaphor in turn informs some of the most important policy debates in American corporate law.

This Article complicates the standard account, introducing foreign nations as emerging lawmakers that compete with American states in the increasingly globalized market for corporate law. In recent decades, entrepreneurial foreign nations in offshore islands have used permissive corporate governance rules and specialized business courts to attract publicly traded American corporations. Aided in part by a select group of private sector …

Lawyer Regulation Stakeholder Networks And The Global Diffusion Of Ideas, Laurel S. Terry

Faculty Scholarly Works

This Article is a companion article to Laurel S. Terry, Global Networks and the Legal Profession, 53 Akron L. Rev. 137 (2019), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3620399. That article explained why global networks are useful for lawyers and the clients they represent, introduced some of the scientific literature about networks, cited prior literature about (mostly domestic) legal profession networks, and then identified ways in which lawyers and their employers, including law firms, participate in global legal profession networks, as well as domestic networks.

This Article focuses on a subset of global legal profession networks, which are the global networks of lawyer regulation stakeholders. Section …

From Cancellation To Removal: The Protection Of Migrants Of 'Bad Character' In Australia, Lillian Robb

American University International Law Review

No abstract provided.

Globalization Of Anglo-American Common Law Vs. Strong Nation State: Evidence From The Use Of Legal Counsel In Cross-Border Business Transactions Involving China, Jing Li

The International Lawyer

No abstract provided.

Elusive Justice: Reflections On The Tenth Anniversary Of Afghanistan's Law On Elimination Of Violence Against Women, Mehdi J. Hakimi

Northwestern Journal of Human Rights

The Taliban’s fall in 2001 elevated hopes for improving the plight of women and girls in Afghanistan. Those aspirations were bolstered with the promulgation of the country’s landmark Law on the Elimination of Violence against Women (EVAW) in 2009. The tenth anniversary of Afghanistan’s EVAW Law, however, offers little cause for celebration. This essay examines Afghanistan’s legal framework on combating gender-based violence against women, and the mounting challenges on the ground. The ongoing rampant violence against women, pervasive use of mediation in criminal cases, and violations perpetrated by State agents have made Afghan women’s quest for justice increasingly more elusive. …

Towards A More Ethical Ll.M. Degree: Let's Give International Lawyers The Value They Deserve, Carrie Teitcher, Kathleen Darvil

Faculty Scholarship

No abstract provided.

Digital Information Law - Meaning, Challenge, And Future

The International Lawyer

Financial markets have most recently been disrupted by the sudden explosion and growth in new Information Technology (InfoTech),6 Data Technology (DataTech),7 Financial Technology (FinTech),8 and Regulatory Technology (RegTech) markets and devices.9 Reference may also be made to the use of technology in the provision of government services (GovTech) and in legal services (LawTech). A number of separate rights and interests can also be created which arise in the context of protecting information.20 All of this becomes of specific importance in the banking and financial area due to the fact that banks and other financial institutions manage accounts on behalf of …

Social Media: A Good Alternative, For Alternative Service Of Process, Emily Davis

Case Western Reserve Journal of International Law

A cost efficient and effective means of alternative service of process in civil and commercial cases upon both domestic and international defendants lies in social media. Traditional methods of service of process are preferred, but are not always practicable. When a defendant cannot be reached through traditional methods, judges should use their discretion and allow alternative service by social media in appropriate cases. Current methods of alternative service, such as publication, are not efficient or effective. By allowing alternative service of process via social media in certain cases, the defendant is much more likely to receive actual notice in a …

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 …

Third-Party Funding: The Road To Compatibility In International Arbitration, Vienna Messina

Brooklyn Journal of International Law

Third-party funding in global commerce and dispute resolution has gained considerable traction in the last few decades. The rise in complex international arbitration cases has encouraged a demand for third-party funding arrangements since the disputes involve large amounts of money in addition to high legal costs. This Note explores the implications of third-party funding on the practice of international arbitration, particularly with the expansion of arbitral institutions’ doctrinal rules to address the use of third-party funding. Much of the pre-existing research and literature highlights the issues that third-party funding poses in international arbitration proceedings, but fails to consider a broader, …

Securing Adequate Legal Defense In Proceedings Under International Investment Agreements: A Scoping Study, Lise Johnson, Brooke Guven

Columbia Center on Sustainable Investment Staff Publications

CCSI prepared a Scoping Study for the Ministry of Foreign Affairs of the Netherlands. Also available are:

• A summary version of the study (33 pages)
• A webinar (March 24, 2020), hosted by CCSI and the Ministry of Foreign Affairs of the Netherlands, discussed the Scoping Study and its findings (see also accompanying slides with speaking notes).
• A webinar organized by UNCITRAL (April 21, 2020). CCSI presented the Scoping Study. A video link of the webinar along with CCSI’s slides are available in English (with speaking notes) and French at that link. CCSI Senior Fellow Karl Sauvant also presented his UNCITRAL …

The Supreme Court And Refugees At The Southern Border: 5 Questions Answered, Karla M. Mckanders

Vanderbilt Law School Faculty Publications

I sat in a small room in Tijuana, Mexico with a 13-year-old indigenous Mayan Guatemalan girl.

She left Guatemala after a cartel murdered her friend and threatened to rape her. Her mother wanted her to live and believed the only way for her to survive was to send her daughter alone to the U.S., to apply for asylum Now she was alone and stuck in Mexico. Every morning, the Guatemalan girl, along with other asylum seekers, would frantically gather at the Tijuana-U.S. border where they waited to hear their name or their number called so the Mexican government could escort …

The Human Right To A Healthy Environment: Pushing The Boundaries In The Inter-American System, Sarah Dávila-Ruhaak

Biennial Conference: The Social Practice of Human Rights

The connection between the environment and human rights is not a surprising one. The enjoyment of human rights depends on a person’s ability to live free from interference and to have his or her rights protected. The interdependence of human rights and the protection of the environment is manifested in the full and effective enjoyment of the rights to life, highest attainable standard of physical and mental health, adequate standard of living, adequate food, clean water and sanitation, housing, culture, freedom of expression and association, information and education, participation, effective remedies, and the rights of indigenous peoples. Without adequate access …

Agricultural Investments: A Primer For Host Government Lawyers And Local Lawyers In Private Practice, Tehtena Mebratu-Tsegaye

Columbia Center on Sustainable Investment Staff Publications

Attracting investment in agriculture has been a key policy goal of governments in the global south. Development partners have supported these policies. But what do governments hope to achieve by attracting investment in the agricultural sector? Why are companies interested in investing? What is in it for local communities? And what is the role of lawyers? This primer provides an introduction to some of the key issues that arise in the negotiation of contracts linked to investments in agriculture, and practical guidance for how to approach common issues. Section 1 of this primer outlines the typical goals of three important …

Case Global: Cwru Law Students Document War Crimes In Yemen Conflict, Case Western Reserve University School Of Law, The Frederick K. Cox International Law Center

Case Global Newsletter

Vol. 11, No. 1 (2019)

• Special Report: Students Document War Crimes in Yemen Conflict
• Trade Law Q&A with Professor Colares
• Special Report: Advocating for Refugees from Cleveland to Burma
• Frederick K. Cox International Law Center Names New Director
• Foreign Concurrent Degree Program Leads to Elite Law Firm Employment
• CWRU Teams Triumph at International Moot Court Competitions…
• International Law Curriculum: Sequence to Success
• Dean Scharf Featured on United Nations Audiovisual Library of International Law 
• CWRU’s Talking Foreign Policy Radio Program Examines the Crisis in Yemen
• CWRU Expands its Reach in Asia
• Fulbright Scholar Professor Cover Teaches International Law in Kenya
• Law …

The Virtue Of Vulnerability: Mindfulness And Well-Being In Law Schools And The Legal Profession, Nathalie Martin

Faculty Scholarship

This article examines the role of vulnerability in transforming individual relationships, particularly the attorney-client relationship. In this essay, Martin argues that broadening our expressions can improve our client relations and decrease the likelihood that when that inevitable mistake occurs, we will be sued for it. Also, based upon virtue ethics, that practicing vulnerability is also virtuous and thus worthwhile in and of itself.

This essay starts by describing the traits people look for in lawyers as well as evidence that clients often feel that their lawyers are less than human. Then examines how legal education contributes to this problem by …

Comparing The International Commercial Courts Of China With The Singapore International Commercial Court, Zhengxin Huo, Yip Man

Research Collection Yong Pung How School Of Law

The article critically reviews the litigation framework of the Chinese International Commercial Court("CICC') using a comparative approach, taking as a benchmark the Singapore International Commercial Court ("SICC')--another Asian international commercial court situated within the Belt and Road Initiative ("BRI') geography. It argues that the CICC, despite being lauded as a visionary step toward an innovative, efficient and trustworthy dispute resolution system, does not live up to those grand claims on closer scrutiny. The discussion shows that the CICC is in many respects insular and conservative when compared with the SICC. The distinctions between the two litigation frameworks may be explained …

The United Nations Compensation Commission: Mass Reparations Apotheosis, Gregory Townsend

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Legal Education In The United States: Moving Toward More Practical Experience, Hon. Sandra R. Klein

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Navigating The Moral Minefields Of Human Rights Advocacy In The Global South, Sandra L. Babcock

Northwestern Journal of Human Rights

No abstract provided.

“There’S Voices In The Night Trying To Be Heard”: The Potential Impact Of The Convention On The Rights Of Persons With Disabilities On Domestic Mental Disability Law, Michael L. Perlin, Naomi M. Weinstein

Brooklyn Law Review

This article carefully examines, through a therapeutic jurisprudence framework, the likely impact of the United States’ ratification of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) on U.S. society’s sanist attitudes towards persons with mental disabilities. Although the United Nations ratified the CRPD—the most significant historical development in the recognition of the human rights of persons with mental disabilities— in 2008, the United States has yet to ratify it. In this article, we consider whether the CRPD, if ratified, is likely to finally extinguish the toxic stench of sanism that permeates all levels of society. We …

The Policy Implications Of Third-Party Funding In Investor-State Dispute Settlement, Brooke Guven, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

In this Working Paper, CCSI analyzes underexplored yet critical policy issues surrounding the use of third-party funding in ISDS. It considers the costs and benefits of the practice, asks whether it is desirable or undesirable that third-parties be permitted to invest in ISDS claims, and if so, under what circumstances and in order to achieve what objectives, and overviews policy responses, including a total or partial ban and various regulatory responses, that may be appropriate to manage identified impacts.

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.

Alternatives To Investor-State Dispute Settlement, Lise Johnson, Jesse Coleman, Brooke Güven, Lisa E. Sachs

Columbia Center on Sustainable Investment Staff Publications

Proponents often explain support for international investment agreements (IIAs) for their ability to: (1) promote investment flows; (2) depoliticize disputes between investors and states; (3) promote the rule of law; and (4) provide compensation for certain harms to investors – objectives of varying degrees of importance to multinational enterprises, home states, host states, and other stakeholders.

While each of these objectives may seem desirable, it is important to consider what exactly they mean and whether IIAs are optimally tailored to achieve them.

This two-part series aims to consider just that. In the first blog installment, we asked of investor-state dispute …