Digital Commons Network^™

Corporate Culture And Competition Compliance In East Asia, Jingyuan Ma, Mel Marquis

South Carolina Journal of International Law and Business

No abstract provided.

A New Historical Jurisprudence?, Brian Bix

Articles

No abstract provided.

Law School Clinics And The Untapped Potential Of The Court Watch, Jessica K. Steinberg

GW Law Faculty Publications & Other Works

This is a time of enormous creativity and innovation in civil access to justice. It is now widely recognized that scarcity is reality in the provision of legal services and that overburdened and technologically retrograde courts are struggling to meet the demands of case processing in a fair and efficient manner. Accompanying the proliferation of various interventions is a growing call for empirical research on civil access to justice. Recently, the idea that law school clinics might serve as sites or architects of a civil justice research agenda has been advanced.

Building on these proposals, this Article suggests that “court …

The Golden Years, Gray Divorce, Pink Caretaking, And Green Money, Naomi R. Cahn

GW Law Faculty Publications & Other Works

This Article considers the impact of changing family structures on aging in contemporary America. It looks at two critical and interrelated aspects of aging—economic security and caretaking—and offers policy suggestions on how to improve the financial stability of and caretaking possibilities for elders. The core thesis is that our current social, legal, and economic structure for growing old is organized around the nuclear family with respect to both caretaking and financial security. As family structures change in terms of partnering (and re-partnering and non-partnering) and number of children, and with the increase in economic inequality, support for old age needs …

Ebola Does Not Fall From The Sky: Structural Violence & International Responsibility, Matiangai Sirleaf

Vanderbilt Journal of Transnational Law

This Article challenges the conventional understanding that international crises are limited to instances of direct physical violence. Instead, it argues that the disproportionate distribution of infectious diseases like Ebola is a form of structural violence that warrants international intervention. In the field of global public health, structural violence is a concept used to describe health inequities and to draw attention to the differential risks for infection in the Global South, and among those already infected, for adverse consequences including death, injury, and illness. This Article clarifies how the concept of structural violence can be operationalized in law. It illustrates the …

Radical Feminist Harms On Sex Workers, India Thusi

Articles by Maurer Faculty

Sex work has long been a site for contesting womanhood, sexuality, race, and patriarchy. Its very existence forces us to examine how we think about two very dirty subjects—money and sex. The radical feminist literature highlights the problems with sex work and often describes it as a form of “human trafficking” and violence against women. This influential philosophy underlies much of the work in human trafficking courts, was evident in a letter signed by several Hollywood starlets in opposition to Amnesty International’s support for decriminalization, and is the premise of several movies and documentaries about “sex slavery.” Radical feminists aim …

How Well Do We Treat Each Other In Contract?, Aditi Bagchi

Faculty Scholarship

One of the important contributions of Nathan Oman’s new book is to draw focus onto the quality of the relationships enabled by contract. He claims that contract, by supporting markets, cultivates certain virtues; helps facilitate cooperation among people with diverse commitments; and produces the wealth that may fuel interpersonal and social justice. These claims are all plausible, though subject to individual challenge. However, there is an alternative story to tell about the kinds of relationships that arise from markets i.e., a story about domination. The experience of domination is driven in part by the necessity, inequality, and competition enjoined by …

The Pragmatist Tradition: Lessons For Legal Theorists, Susan Haack

Articles

No abstract provided.

Unforeseen Land Uses: The Effect Of Marijuana Legalization On Land Conservation Programs, Jessica Owley

Articles

This Article explores the tension between land conservation and marijuana cultivation in the context of legalization. The legalization of marijuana has the potential to shift the locations of marijuana cultivation. Where cultivation need no longer be surreptitious and clandestine, growers may begin to explore sanctioned growing sites and methods. Thus, the shift to legalization may be accompanied by environmental and landuse implications. Investigating commercial-scale marijuana cultivation, this Article details how, in some ways, legalization can reduce environmental impacts of marijuana cultivation while also examining tricky issues regarding tensions between protected lands and marijuana cultivation. If we treat cultivation of marijuana …

The Empirical Turn In Family Law, Clare Huntington

Faculty Scholarship

No abstract provided.

China’S Rise: How It Took On The U.S. At The Wto, Greg Shaffer, Henry S. Gao

Research Collection Yong Pung How School Of Law

This Article builds from original fieldwork to show what lies behind China’s remarkably successful use of international trade law to take on the United States and Europe. The World Trade Organization (“WTO”) is unique in China’s international relations as it is the only forum where China, with its anti-legalist traditions, has resolved its disputes through law and the use of third-party dispute settlement. After China acceded to the WTO in 2001, it invested massively in building trade law capacity to transform itself and defend itself externally. Through these investments and its increased market power, China became a serious rival to …

Framing Contemporary U.S. Wild Horse And Burro Management Processes In A Dynamic Ecological, Sociological, And Political Environment, J. Derek Scasta, Jacob D. Hennig, Jeffrey L. Beck

Human–Wildlife Interactions

The Wild Free-Roaming Horses and Burros Act (WFRHBA) of 1971 established all “unbranded or unclaimed” equids on U.S. public lands as “living symbols of the historic and pioneer spirit of the West.” Today, >72,000 feral horses (Equus ferus caballus) and burros (E . asinus ; WHB) live on western U.S. public rangelands. The number of WHBs exceeds the Bureau of Land Management’s maximum Appropriate Management Level (AML) of 26,715 by a factor of approximately 2.7 and has nearly doubled from 2007–2015. The AML was set to balance WHB numbers with rangeland health and support other uses such as wildlife habitat …

The Limits Of International Copyright Exceptions For Developing Countries, Ruth L. Okediji

Vanderbilt Journal of Entertainment & Technology Law

The relationship between intellectual property (IP) protection and economic development is not better understood today than it was five decades ago at the height of the independence era in the Global South. Development indicators in many developing and least-developed countries reflect poorly in precisely the areas that are most closely associated with copyright law's objectives, such as promoting democratic governance, facilitating a robust marketplace of ideas, fostering domestic markets in cultural goods, and improving access to knowledge. Moreover, evidence suggests that copyright law has not been critical to the business models of the creative sectors in leading emerging markets. These …

Very Long Engagements: The Persistent Authority Of Bridewealth In A Post-Apartheid South African Community, Michael W. Yarbrough

Publications and Research

This article examines the persistent authority of the customary practice for forming recognized marriages in many South African communities, centered on bridewealth and called “lobola.” Marriage rates have sharply fallen in South Africa, and many South Africans blame this on the difficulty of completing lobola amid intense economic strife. Using in-depth qualitative research from a village in KwaZulu-Natal, where lobola demands are the country’s highest and marriage rates its lowest, I argue that lobola’s authority survives because lay actors, and especially women, have innovated new repertoires of lobola behavior that allow them to pursue emerging needs and desires for marriage …

Introduction: For Better Or For Worse? Relational Landscapes In The Time Of Same-Sex Marriage, Michael W. Yarbrough

Publications and Research

As same-sex marriage has become a legal reality in a rapidly growing list of countries, the time has come to assess what this means for families and relationships on the ground. Many scholars have already begun to examine how marriage is helping some same-sex couples, but in this introduction I call for a broader and more critical research agenda. In particular, I argue that same-sex marriage crystallizes a key tension surrounding families and relationships in many contemporary societies. On the one hand, strict family norms are relaxing in many places, allowing more people to form more diverse types of caring …

Talk Isn't Cheap: Protecting Freedom Of Speech In Light Of Georgia's Anti-Boycott Legislation, Maria Kachniarz

Georgia Law Review

Historically,political boycotts have occupied a central
place in American tradition, going as far back as the
Founding. However, the years of 2016 and 2017 have
marked a sudden influx of state anti-boycott legislation.
Georgia was no exception, passing a statute in 2016
prohibiting those who boycott Israel from contracting
with the state. This statue violates the FirstAmendment
guaranteesof freedom of speech. First, boycotts of Israel,
or BDS as they are collectively called, are protected
political speech. The Supreme Court has repeatedly
protected politically motivated boycotts, despite their
detrimental economic effects. Further, Georgia's anti-
boycott legislation impermissibly stifles that protected
speech …

Opportunity Makes A Thief: Corporate Opportunities As Legal Transplant And Convergence In Corporate Law, Martin Gelter, Geneviève Helleringer

Faculty Scholarship

The paper surveys the corporate opportunities doctrine in four jurisdictions: the US, the UK, Germany, and France. Our analysis enables us to trace the development of the doctrine, exposing the way in which certain models of dealing with a particular issue have arisen, and how these models have then spread. Fiduciary duties are often today held out as typical instruments of shareholder protection in the US and the UK, both of which are often held out as model jurisdictions in corporate governance internationally. However, fiduciary duties in these two jurisdictions often operate in strikingly different ways. While the US relies …

Disagreement, Anti-Realism About Reasons, And Inference To The Best Explanation, Brian Leiter

Public Law and Legal Theory Working Papers

No abstract provided.

Environmental Injustice And Racial/Ethnic Heterogeneity In Houston, Texas, Michel G. Loustaunau Garcia

Open Access Theses & Dissertations

This Thesis seeks to contribute to distributive environmental justice (EJ) research by analyzing racial/ethnic and intra-ethnic disparities in potential health risks from exposure to hazardous air pollutants (HAPs) in Harris County, the most populous county in Texas. Previous EJ research in this urban area has not examined intra-ethnic heterogeneity in exposure to air pollutants or attempted to compare social disparities in exposure to air pollution caused by vehicular (mobile) and point (stationary) sources. The goal of this study is to determine how the EJ implications of cancer risks from inhalation exposure to HAPs from mobile and stationary sources differ across …

Competition Merger Review For Cross-Border Mergers And Acquisitions In Indonesia, Zulheri Zulheri

Indonesia Law Review

This article aimed at expressing ideas on a legal construction of competition merger review (CMR) on Crossborder Mergers and Acquisitions (CBM&A) that have Indonesian legal dimension. The problem has been triggered by the lack of CMR guidelines for CBM&A to nurture a fair and sustainable business competition (FSBC). Consequently, the existing guideline is inadequate for reviewing CBM&A proposals which have a multi-jurisdiction dimension character. As a result, merging (gigantic) companies doing business in Indonesia have enormous opportunities to engage in anti-competitive behavior in the domestic market. In its turn, it brings the impact of reducing competition itself whereby national companies …

. . . And Law?, John Henry Schlegel

Contributions to Books

Published as Chapter 18 in Searching for Contemporary Legal Thought, Justin Desautels-Stein & Christopher Tomlins, eds.

The locution “law and . . . (some other discipline)” implicitly asserts the primacy of legal doctrine and institutions narrowly conceived for coming to understand phenomena in which law takes a part. The ordinary story of American legal theory – formalism then realism then contemporary legal thought – can be understood to repeat the triumphalism implicit in “law and . . .” Of course, the story of American legal theory could possibly be read differently -- as a series of responses to the inability …

Senior Day December 2017, University Of Michigan Law School

Commencement and Honors Materials

Program for the December 22, 2017 University of Michigan Law School Senior Day.

Stay Woke, Langston A. Williams

LSU New Orleans Theses and Dissertations

Throughout the pages of my thesis, I comprehensively analyze the processes, intentions, and production of my thesis film Stay Woke. My examination will exhaustively probe every stage of the film from development to preproduction to production to postproduction and beyond. Individual aspects of this process including writing, casting, locations, production design, cinematography, directing, budgeting, scheduling, and postproduction workflows will be detailed. As I make elaborations in each section, I will explain my learning experiences from each day’s new tasks, challenges, and lessons. All of these things will be framed with regards to the overall goal and themes of the …

Stories At The Edge Of Class-- Marginalization In The Law School Experience, Susan Grover, Nikeshia Womack

Seattle Journal for Social Justice

No abstract provided.

A Hell Of A Complex: The Miscarriages Of The Federal Hydropower Licensing Regime, Derek Red Arrow Frank

American Indian Law Journal

What you are about to read is an illustration of systemic racism. Systemic racism is the current effects of statutes and policies developed through a singular and racially-charged narrative. The current hydropower relicensing regime fails to acknowledge the overarching Treaty-reserved rights of American Indian tribes while statutorily granting state and federal authorities the power to prescribe mandatory conditions on hydropower projects. This fact remains constant whether the hydropower project is within or outside a tribe’s reservation or aboriginal territory. Specifically, the Hells Canyon Complex, which rests along the Snake River, has had and continues to have enormous impacts on fisheries …

Working Sex Words, Anita Bernstein

Michigan Journal of Gender & Law

Imagine yourself tasked to speak for a few minutes about legal controls on sex-selling in the United States, or any other country you choose. You need not have thought about the particulars. As someone willing to read a law review article, you have enough to say because sex-selling overlaps with the subject knowledge you already have. Criminal law, contracts, employment law, immigration law, tort law, zoning, commercial law, and intellectual property, among other legal categories, all intersect with this topic. In your brief remarks on how law attempts to mediate the sale and purchase of sex, you have only one …

No.42 - December 2017, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.

December 2017 Newsletter

Ergo

No abstract provided.

Grand Juries And Cases Of Police Use Of Deadly Force: Are Prosecutors Opening A Closed Door?, Joseph P. Conti

Journal of Criminal Justice and Law

In recent years, considerable national attention has been focused upon cases in which police officers used deadly force that resulted in the death of private citizens. The officers often contended that the use of deadly force was justified under the circumstances. Prosecutors then presented these cases to grand juries to determine whether criminal prosecutions were warranted. Some prosecutors have elected to provide full grand jury reviews that include the presentation of exculpatory evidence or at least evidence favorable to the police. Although prosecutors have no constitutional obligation to provide such reviews, those who elect to provide full grand jury reviews …

Women’S Sports And The Forgotten Gender, Ara Wilson

Law and Contemporary Problems

No abstract provided.