Digital Commons Network^™

Gravity And Grace: Foreign Investments And Cultural Heritage In International Investment Law, Valentina Vadi

Vanderbilt Journal of Transnational Law

Globalization and international economic governance have promoted dialogue and interaction among nations, potentially increasing cultural diversity and providing the funds to recover and preserve cultural heritage. However, these phenomena can also jeopardize cultural diversity. Foreign direct investments in the extraction of natural resources have the potential to change cultural landscapes, destroy monuments, and erase memories. In parallel, international investment law constitutes a legally binding and highly effective regime that demands that states promote and facilitate foreign direct investment. Does the existing legal framework adequately protect cultural heritage vis-a-vis the economic interests of foreign investors? To address this question, this Article …

War Crimes: History, Basic Concepts, And Structures, Richard J. Wilson

Scholarly Articles in Law Reviews & Journals

On May 24, 2022, the Washington Post carried front-page news that a court in Ukraine had sentenced a 21-year-old Russian soldier, Vadim Shishimarin, to life imprisonment for the war crime of premeditated murder of a civilian, 62-year-old Oleksandr Shelipov. The session was the first war crimes trial in Ukraine since Russia's invasion three months earlier.

The Ascension Of Indigenous Cultural Property Law, Angela R. Riley

Michigan Law Review

Indigenous Peoples across the world are calling on nation-states to “decolonize” laws, structures, and institutions that negatively impact them. Though the claims are broad based, there is a growing global emphasis on issues pertaining to Indigenous Peoples’ cultural property and the harms of cultural appropriation, with calls for redress increasingly framed in the language of human rights. Over the last decade, Native people have actively fought to defend their cultural property. The Navajo Nation sued Urban Outfitters to stop the sale of “Navajo panties,” the Quileute Tribe sought to enjoin Nordstrom’s marketing of “Quileute Chokers,” and the descendants of Tasunke …

Protecting Ma And Pa: Bond Workouts And The Trust Indenture Act In The 21st Century, Stephen J. Lubben

Cardozo Law Review

Revlon, the well-known cosmetics manufacturer, has labored under a massive debt load since the 1980s, when it was the subject of a classic hostile takeover battle. As with many recent distressed firms, it decided to address its debt not through the Bankruptcy Code and chapter 11, but rather in an “exchange offer.” That is, it offered to buy its old bonds back with an offer of new securities. One implication of its decision to proceed this way was that it was able to pay its retail bondholders much less than its institutional bondholders.

The Trust Indenture Act of 1939 was …

Constitutional Traditions As Boundaries In Standardizing Administrative Rulemaking Through Trade Agreements, Han-Wei Liu, Ching-Fu Lin

Research Collection Yong Pung How School Of Law

Pioneered by the US, recent mega-regional trade agreements such as the CPTPP have incorporated ‘regulatory coherence’ provisions—mirroring the US Administrative Procedural Act's core designs—to balance between domestic regulatory autonomy and international cooperation. Building upon existing literature that traces the trajectories of the diffusion of regulatory coherence across jurisdictions, this article analyses how Australia's constitutional tradition could effectively condition the development of regulatory coherence in a Westminster-based model of governance. It is argued that the global entrenchment of regulatory coherence is contingent upon the inherent boundary defined by the political dynamics and constitutional structures within a jurisdiction.

Promoting Constitutional Literacy: What Role For Courts?, De Maartje Visser

Research Collection Yong Pung How School Of Law

This article explores the role of constitutional judges in advancing constitutional literacy, understood as knowledge relating to the functioning of the constitutional order. Part of the inquiry is descriptive and geared towards identifying the modalities that courts today use to cultivate such literacy among the public, or segments thereof. The article also poses normative questions about literacy-boosting efforts. How do these relate to typical judicial functions? Are courts well-placed and equipped to disseminate constitutional knowledge? Based on an analysis of judicial practices, it is suggested that lay individuals are increasingly treated as a key constituency by courts, warranting the development …

The Right To Bear 3d-Printed Firearms: Problems Created By Modern Gunsmithing, Chelsea Karen

Journal of Civil Rights and Economic Development

(Excerpt)

Picture a typical Friday evening at London’s St. Pancras train station with travelers trying to get away for the weekend. You board a train leaving for Paris after going through a vigorous safety check, which includes walking through a metal detector and having your bag scanned. You finally take a seat in a crowded train car when you notice a man standing at the front of the car holding what appears to be a child’s toy gun. It’s clunky, plastic, and crude-looking in that it seems it would fall apart if the man attempted to pull the trigger. In …

Small Business Relief In The Time Of Covid-19: Deservingness Judgments Lead The Ppp To Failure, Blair Hendricks

Journal of Civil Rights and Economic Development

(Excerpt)

In 2020, going to the grocery store or getting a bite to eat looked a little different than usual: normal outings in 2020 required masks and temperature checks, among other safety precautions. As if patronizing businesses was not difficult enough, operating a business in 2020 could have been downright tragic. In December 2020, Steven Klein, the owner of Vision Lanes Bowling Alley, posted a tribute on his Facebook page to his beloved business. The following is an excerpt from that post:

This is NOT a political post. My sources are telling me an extension is going to be announced. …

Good Intentions Gone Awry: Privacy As Proportionality Under Rule 26(B)(1), Hon. James C. Francis Iv (Ret.)

San Diego Law Review

Over the past several years, two legal trends have gained momentum. The first is the effort to make discovery in litigation more proportional, culminating in the 2015 amendment to Rule 26(b)(1) of the Federal Rules of Civil Procedure, which includes proportionality in the definition of what information is discoverable. The second is the movement, both in the United States and abroad, toward the greater recognition of individual privacy interests. Some courts and commentators now seek to merge these two trends by advocating that privacy should be considered a factor in analyzing proportionality under Rule 26(b)(1).

This paper takes the position …

The Effectiveness Of The Aceh Ombudsman Representative’S Maladministration Handling: An Insider Perspective, Muazzinah Muazzinah, Saiful Akmal, Amrul Fadhil, Reza Fathurrahman

BISNIS & BIROKRASI: Jurnal Ilmu Administrasi dan Organisasi

The Ombudsman of the Republic of Indonesia oversees public services, particularly timely responses to reports. Since 2018, the Aceh Representative of the Indonesian Ombudsman handled 150 reports. It is interesting to investigate how well the Ombudsman dealt with these reports. This study examines the effectiveness of the Aceh Representative of the Indonesian Ombudsman in handling reported maladministration cases using a qualitative approach. The research data were gathered through interviews and document reviews by referring to Steer’s (1976) formulation of organization effectiveness, which includes productivity, adaptability, communication, job satisfaction, and human resources. The productivity, communication, and flexibility indicators are adequately effective, …

70 Years Of Dance: Copyrighting Choreography Since 1952, Annie Planker

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Choreography has long been a subject of controversy in the world of copyright. Despite its significance in the artistic community and the rise of social media in our everyday lives, choreography has not received the same property protections as other artforms, such as music, painting or sculpture. This is partly due to the transient nature of choreography; copyright law requires “fixed expressions” of works. It is also due to a legal hesitation to limit “social” arts. Lawmakers have little desire to prohibit large masses from participating in cultural activities.

This post was originally published on the Cardozo Arts & Entertainment …

To Kill A Mockingbird: A Look Into The Migratory Bird Treaty Act And Its Application To Unintentional Takings, Ben Davis

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Burdened, But Not Burdened Enough: A Long-Term Solution To The Difficulties Posed By Religious Objections To Resource Development, Nathan Downey

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Refining Terms For Small Refineries: The Extension Of Hardship Through Statutory Interpretation, Kylen Chase Huffman

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Book Review Of Clamouring For Legal Protection: What The Great Books Teach Us About People Fleeing From Persecution, Cori Alonso-Yoder

Journal of Legal Education

No abstract provided.

The Evolving Mission Of Peking University’S School Of Transnational Law, Philip J. Mcconnaughay

Journal of Legal Education

No abstract provided.

Thou Shalt Not Take Thy Lord’S Name In Vein: Vaccine Mandates & Religious Objectors, Stephen Moran

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

The Montana Supreme Court – The Statistics, Blake Koemans, Denise Lafontaine

Montana Law Review

No abstract provided.

A Tribute To The Honorable Charles C. Lovell, The Honorable Beth Baker

Montana Law Review

No abstract provided.

Why The Ninth Circuit Works: A Tribute To Judge Sidney R. Thomas, The Honorable Morgan B. Christen

Montana Law Review

No abstract provided.

Credit Scoring Duality, Pamela Foohey, Sara Sternberg Greene

Law and Contemporary Problems

No abstract provided.

Race In The United States: A View From Outer Space, Stephen W. Smith, Géraldine Faes-Smith

Law and Contemporary Problems

No abstract provided.

Estoppel By Nonviolence, Darrell A.H. Miller

Law and Contemporary Problems

No abstract provided.

The Social Value Of Intellectual Property, Alina Ng

Journal Articles

The focus of this paper is not on how intellectual property owners can misuse intellectual property rights in harmful ways in society. Much has already been written about that topic. Instead, this paper is about how to encourage intellectual property owners, especially corporate owners, to make decisions and implement strategies about their intellectual property rights that are socially valuable and positively impactful. This paper argues that if corporate and business owners of intellectual property understand the role that their intellectual property rights can have in creating a positive social impact, the influence that they can have in the market as …

Information Theory And Patent Documents, W. Michael Schuster

Akron Law Review

Recent scholarship has expanded the scope of analytical tools available to patent law researchers. The foundation of information theory published by Claude Shannon has been applied to textual analysis to determine the similarities of patents and to assess a patent’s value. This article presents a theoretical application of information theory to quantify lexical ambiguity and originality in innovation within patent law.

2022-2023 Granted Cases, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Building Digital Walls And Making Speech And Internet Freedom (Or Chinese Technology) Pay For It, Apratim Vidyarthi, Rachel Hulvey

Indian Journal of Law and Technology

More broadly, the tools at the US government’s disposal— IEEPA, Congressional lawmaking authority, and CFIUS review—encourage the use of such flimsy rationale and a lack of transparency, which ultimately promotes such broad bans; and the costs of these bans are dear. There may be First Amendment implications, and at the very least, a chilling of speech. There are also significant impacts on American foreign policy, from legitimizing the Chinese strategy of cybersovereignty and government regulation, to the creation of incentives to localize data in a manner that might undermine American law enforcement efforts.

On Monopolistic Practices In Bitcoin: A Coded Solution: A Coded Solution, Sanya Samtani, Varun Baliga

Indian Journal of Law and Technology

The underlying values inherent in the creation of bitcoins are those of decentralization and accessibility. The horizontal power structure is an integral part of bitcoins’ architecture – this paper seeks to find a feasible alternative to status quo in order to preserve these characteristics. First, we look at the harms of monopolies and how the concentration of bitcoins is exceptionally harmful to its continued existence. Second, we expose the inadequacies of the existing regulatory frameworks, and discuss how status quo militates against the foundational ideology of bitcoin as a non-institutional cryptocurrency. Third, we undertake a comparative study of the existing …

Overcoming India’S Food Security Challenges: The Role Of Intellectual Property Management And Technology Transfer Capacity Building, Stanley P. Kowalski, Aarushi Gupta, Ifica Mehra

Indian Journal of Law and Technology

The growth of the Indian economy after Independence has had little impact on the food security of the country. The paper analyses the development of advanced crop varieties through the use of agricultural technologies (hereinafter "agbiotech") within the technology transfer system, a framework which comprises of the interactions of intellectual property rights law and agricultural research and development in India. Through this, the author argues that agricultural innovation in India is failing due to the absence of connections within the technology transfer system and advocates for the creation of a national program aimed at advancing IP and tech-transfer capacity in …

Plant Breeders’ Rights, Farmers’ Rights And Food Security: Africa’S Failure Of Resolve And India’S Wobbly Leadership, Chidi Oguamanam

Indian Journal of Law and Technology

Since 2000s, Africa and India severally rejected the notion that UPOV’s 1991 standard of Plant Breeders Rights (PBRs) is the only route to fulfil their obligations under Article 27 of the TRIPs Agreement. Objecting to the exclusive focus of the UPOV regime on formal plant breeders, African countries insisted on a holistic approach to plant breeders’ rights to include protection for rights of communities, farmers and their indigenous knowledge, innovation and practices. Consequently, under the African Union’s (AU) auspices, Africa proposed the Model Law for the Protection of the Rights of Local Communities and Breeders, and for Regulations of Access …