Digital Commons Network^™

Insolvency Law As A Catalyst For Growth, Aurelio Gurrea-Martinez

Research Collection Yong Pung How School Of Law

Insolvency law plays an essential role in the real economy. From an ex ante perspective, that is, before a situation of insolvency arises, the design of insolvency law affects how debtors and creditors make decisions. For instance, if creditors believe that an insolvency system does not protect their rights or it does not help them maximize their recoveries if their debtors become insolvent, they will rationally become reluctant to extend credit. Therefore, an unattractive insolvency regime for creditors will harm firms’ access to finance and the promotion of economic growth. Similarly, an insolvency system that severely punishes honest but unfortunate …

Techno-Geopolitics And Semi-Conductor Chokepoints: Beyond The Us-China Wto Dispute, Han-Wei Liu, Ching-Fu Lin

Research Collection Yong Pung How School Of Law

Much ink has been spilled on the US-China tech and trade war, particularly the role of US export controls in containing China and preserving America’s tech dominance. Less attention, however, has been paid to other critical nodes in the global semiconductor supply chain – Taiwan, South Korea, Japan, and the Netherlands – which we coin as ‘chokepoint economies’. Taiwan alone produces over 90% of the world’s most advanced chips, vital to the digital age and the future of AI in the Indo-Pacific and beyond. Using Taiwan as a case study, this paper shows how chokepoint economies navigate competing pressures amid …

Menstrual Math: The Price Of Bleeding, Gabrielle Langston

Dissertations, Theses, and Capstone Projects

This project examines the landscape of menstrual equity in the United States through a data storytelling lens, focusing on state-level policies regarding taxation and access to menstrual products. The analysis explores which states impose sales tax on menstrual products, if state schools provide free menstrual products, and which states ensure access for incarcerated individuals using publicly available datasets from advocacy groups. Additionally, there is an investigation into potential correlations between the gender wage gap and states that tax menstrual products, shedding light on economic and policy disparities.

Through its data visualizations, this project aims to provide a clear, although not …

Belonging Against The Odds: Exploring Restorative Justice Practices As Pathways To Foster Belonging In New York City Transfer Schools, Miguel Rodriguez

Dissertations, Theses, and Capstone Projects

The U.S. education system perpetuates structural inequities that disproportionately affect Black students with the School-to-Prison Pipeline (STPPL) criminalizing them through Zero-Tolerance policies. Transfer schools are often a last resort for students pushed out of traditional schools provide a lens to examine the impact of Restorative Justice Practices (RJP) and Black student representation on belonging. This quantitative dissertation study analyzes secondary data from the NYC Department of Education using multivariate models to explore the relationship between RJPs and sense of belonging (SOB). Model 1 found that discussing feelings and emotions at school (Tier 1 RJP) had the strongest association with SOB …

Examining The Legal Responsibilities And Key Challenges Of Personal Representatives In Malaysian Inheritance Management, Muhammad Amrullah Drs Nasrul, Anis A'Fifah Zairin Zain, Wan Noraini Wan Mohd Salim

The Indonesian Journal of Socio-Legal Studies

Personal representative connotes a person authorised under the law to manage the estate of the deceased person. The personal representative is responsible to gather all the assets belonging to the deceased and distribute the assets to the beneficiaries legally. The process of inheritance management in Malaysia requires a formal application to be made to the administrative bodies for the appointment of a personal representative, either as an executor or administrator. However, instances of misappropriation of the deceased’s estate by personal representatives have raised serious concerns, affecting the proper administration of estates and the rights of beneficiaries This study emphasises on …

From Australian Influence To Rohingya Refugees: A Systematic Literature Review Of Asylum Seekers And Refugees In Indonesia, Bilal Dewansyah

The Indonesian Journal of Socio-Legal Studies

The fact that Indonesia hosts asylum seekers and refugees attracted not only policy debate and media attention but also academic research. However, no systematic review has been conducted to assess the scholarly literature on this topic. This article is intended to fill this gap by presenting a systematic literature review (SLR) on asylum seekers and refugees in Indonesia. As a result, I found five major themes in the reviewed literature: (1) the focus on the Indonesia – Australia relationship; (2) people smuggling; (3) refugees’ journey and living conditions in Indonesia; (4) Rohingya refugees; (5) legal protection and refugee status. However, …

From Contamination To Consequence: Tracing Donna Lake’S Human Environmental History, Dean Kyne

Sociology Faculty Publications

The Donna Reservoir and Canal System (Donna Lake) in Texas has been a persistent source of environmental contamination for over a century, exposing surrounding communities to dangerous levels of polychlorinated biphenyls (PCBs). Originally built for agricultural irrigation, the system became a recreational fishing site before PCB contamination was discovered during public health investigations in the 1990s. This study examines patterns of demographic vulnerability, evaluates remediation efforts by the U.S. Environmental Protection Agency (EPA), and explores residents’ ongoing challenges related to toxic exposure. Using publicly available demographic data, EPA reports, and previous health assessments, the study analyzes variations in community characteristics …

The Activists’ Choice: Ballot Initiatives As A Step Towards Pro-Choice Efforts, Levi C. Mahler

Culture, Society, and Praxis

Following the overturn of Roe V. Wade, many U.S. state legislatures failed to implement abortion rights that satisfy the general population. When the public disapproves of legislative law, some U.S. states allow citizens and activists the right to pursue a ballot initiative. With enough voter signatures, these ballots can turn into new laws. However, with ballot initiatives being a multi-step, lengthy process, what ultimately pushes activists to pursue this path? My research analyzes this novel intersection of political science and sociology fields to contribute to the current lack of literature on activists' decisions to pursue ballot measures for abortion rights. …

An Old Law With New Tricks? The Prospects And Pitfalls Of Using The Antiquities Act Of 1906 To Shape Climate Policy On Federal Lands, Chick Hallinan

Vanderbilt Law Review En Banc

The Antiquities Act of 1906 empowers the president to declare a national monument on federally owned land, subject to constraints. As physical hazards enhanced by climate change endanger historically or biologically valuable objects and places, the Act can shape climate policy on federal land—extending the designation to new tracts and enhancing protections on existing monuments. This Note contends that climate change qualifies as a threat to federal public lands sufficient to trigger presidential authority to proclaim a national monument. Still, any such proclamation must account for the constitutional and statutory restraints that have some gravity on the president’s power to …

Folder 86, Professors, Faculty, James Nelson Frierson

Frierson, James Nelson (1920-1946)

No abstract provided.

Beneath The Surface: Unearthing Legal, Cultural, And Environmental Challenges To Resource Extraction On Indigenous Land, Danara Greer

San Diego Journal of Climate & Energy Law

Much of the world’s natural capital lies on or beneath lands occupied by Indigenous peoples. Since the advent of colonialism, Indigenous communities have tirelessly safeguarded their land from encroachment by extractive industries. The contemporary consequences of resource extraction on Indigenous lands include environmental degradation and cultural heritage destruction. Rather than providing a legal pathway to self-determination, the United States Supreme Court has eroded tribal sovereignty and undermined the trust relationship between tribes and the federal government. American Indians and Alaska Natives are prohibited from tapping into their resource wealth by an intricate bureaucratic framework that dictates how resources may—and may …

Reigning In Rushed Recruiting, Jamie Abrams

Presentations

This presentation will survey the timeline shifts that have occurred in the large firm hiring market in the Capital Area region, the collateral consequences of these compressed timelines in LRW classrooms, and the role of the LRW community going forward.

The Rainbow War: Ballot Measure 9 And The Fight Over Gay Rights In Oregon, Patrick Douglas Lasalle

Dissertations and Theses

On November 3, 1992, Oregonians were asked to vote on Ballot Measure 9, an amendment to Oregon's constitution that would prohibit anti-discrimination protections for homosexuals, prohibit the use of public funds and facilities to "promote" homosexuality, and require schools to actively discourage homosexuality as "abnormal, wrong, unnatural, and perverse." In this narrative history, I will explore Measure 9 and the ways in which it divided the state, beginning with its introduction in May 1991. I examine the history and reasoning of the Oregon Citizens Alliance, the Christian Right organization behind the measure, as well as the gay and lesbian community’s …

Rethinking Attribution Standards For State Responsibility Concerning Mass Atrocities, Juan Pablo Perez-Leon-Acevedo

San Diego International Law Journal

Attribution of mass atrocities to states remains a central and contested issue in international law, particularly when such acts are carried out by non-state actors or through proxy forces. This Article analyzes how states may incur responsibility for mass atrocities by examining the legal standards developed in the Articles on the Responsibility of States for Internationally Wrongful Acts (ARSIWA) and the jurisprudence of the International Court of Justice (I.C.J.). Special attention is given to developments following the adoption of ARSIWA, including the evolving relationship between Russia and the Wagner Group, to assess how legal principles apply in modern conflict settings. …

الإطار القانوني لمختبرات التقنية المالية – فنتك - دراسة مقارنة

UAEU Law Journal

Abstract

The significant and unprecedented advancements in the FinTech sector have posed several legislative and regulatory challenges to the regulating bodies in overseeing this emerging and unique industry. Balancing the promotion of innovation and creativity on one hand while safeguarding consumers on the other hand, have often been conflicting objectives that legislators and regulatory bodies strive to achieve. To address this, many countries around the world have recently adopted organized regulations for the FinTech sector.

This research aims to introduce the Arab reader and researcher to the financial technology - FinTech - sector, which has become a component of the …

Dean James Nelson Frierson Files - 1920-1946 Guide, James Nelson Frierson

Frierson, James Nelson (1920-1946)

No abstract provided.

Response To Six Interlocuters On The Topic Of Neuroscience And Responsibility, Michael S. Moore

The Journal of Contemporary Legal Issues

I am very pleased to be afforded the opportunity to respond to the edited and revised versions of the six papers that were discussed at the Rutgers Symposium in honor of my recent book. Each of these six papers raise excellent points that can serve as the springboard for deeper exploration of some of the salient issues raised in my book, and it is my aim in this response to take advantage of that opportunity. I am quite appreciative for the spur to intellectual progress that these papers and this symposium represents. By-and-large scholarship is a solitary enterprise but occasions …

Hermeneutic Theory And The Priority Of Constitutional Meaning, Tyler S. Moore

The Journal of Contemporary Legal Issues

Can the understanding of a law be separated from its application? Despite the increasing convergence between schools of constitutional interpretation in the United States, this question remains central. One the one side are so-called “new originalists” for whom the distinction between understanding and application (or “interpretation” and “construction” as they call it) is necessary to separate a more objective step in the interpretive process from a more subjective one. On the other are “living constitutionalists,” many of whom suggest that defining a neat boundary between these two stages is impossible. When judges decide cases, they do not (and perhaps cannot) …

The Fundamental Right To Polygynous Marriage, Ronald C. Den Otter

The Journal of Contemporary Legal Issues

This Article is about why the argument in favor of a constitutional right to polygynous marriage, predicated on the importance of personal autonomy, is considerably stronger than the sex equality arguments against it. For the most part, legal scholars have arrived late on the scene, not treating the topic with the kind of care that it deserves. Instead of relying upon equal protection analysis, I shall engage in a fundamental rights critique of opposition to polygynous marriage. In doing so, I will discuss two considerations that remain central to such analysis: the value of autonomy (understood as personal choice in …

Navigating Sovereignty And Human Rights: A Legal Analysis Of Palestinian Detention Under Israeli Jurisdiction In Comparison To International Law, Amani Nidal Odeh

Dissertations and Theses

This thesis examines whether Israeli detention practices of Palestinians conform to or contravene Israeli domestic legislation and international legal standards using a doctrinal legal analysis. This thesis evaluates six key areas through four hypotheses: the detention of minors, geographic disparities (particularly Gaza), administrative detention procedures, the use of military courts, due process violations, and detention conditions. While Israeli domestic law formally authorizes these practices, the analysis finds they routinely violate crucial international legal norms, including the ICCPR, CRC, CAT, and the Fourth Geneva Convention. The use of secret evidence, prolonged administrative detention without trial, and discriminatory legal frameworks undermines the …

Discussing The Unconstitutionality Of The Dual Sovereign Doctrine, Kaden Collorafi

NSU Undergraduate Law Journal

This paper critically examines the United States Supreme Court’s long-standing endorsement of the Dual Sovereignty Doctrine, which permits successive prosecutions by both state and federal governments for the same underlying conduct. Rooted in dicta from Moore v. Illinois and formally adopted in United States v. Lanza, the doctrine, in the author’s opinion, has repeatedly undermined the Double Jeopardy Clause of the Fifth Amendment. Despite the incorporation of this clause to the states through the Fourteenth Amendment in Benton v. Maryland, the Court has maintained the doctrine on grounds of judicial practicality and sovereign independence.

Through an in-depth review …

The Ministerial Exception And The Fair Labor Standards Act, William Grabas

Seton Hall Law Review

No abstract provided.

Loper Bright: Resurrecting Skidmore In A New Era, Bernard W. Bell

Seton Hall Law Review

No abstract provided.

Loper Bright And Judicial Review Of Ratemaking, Alison Gocke, Nathaniel Glass

Seton Hall Law Review

No abstract provided.

Expressing Sincere Gratitude In Writing: A Modest Step Towards Being A Better And More Effective Lawyer, Bret Rappaport

Mercer Law Review

In my antique desk, at the far back of the big hard-to-open drawer, sits a large brown envelope. The envelope holds about forty years’ worth of thank-you notes to me. Some from clients. Some from coworkers. Some from students. Why do I keep them? Maybe I will be able to answer that question by the time I finish writing this Article. As I write this Introduction, I’m not sure. I don’t specifically remember each card or letter, but a couple do come to mind. They do so with blazing clarity. One is from my high school English teacher, Mrs. Severns. …

From Ballots To Bureaucrats: Who Is Really Holding Georgia’S Prosecutors Accountable?, Sutton M. Eggena

Mercer Law Review

In the modern justice system that we know today, prosecutors play a significant role in shaping the lives, reputations, and liberties the everyday American enjoys. Former United States Attorney General and Supreme Court Justice Robert H. Jackson once said, “[t]he prosecutor has more control over life, liberty, and reputation than any other person in America.” A prosecutor’s position in the criminal justice system is unlike any other, holding the power to decide who gets charged with a crime and the severity of those charges. This power has evolved, moving from a system where individuals and families had to fight for …

K-Popopoly: Navigating Antitrust Terrain In South Korea’S Music Markets, Elise Joffe

Georgia Journal of International & Comparative Law

South Korea’s unique blend of Chaebol dominance and a booming K-Pop industry contrasts sharply with U.S. antitrust norms, raising key questions about how competition law adapts across cultures.

Will Green Mean “Stop”? Exploring How Combatting The Climate Crisis Impacts On Wto Relevance, Sean Stacy

Georgia Journal of International & Comparative Law

The WTO faces a legitimacy crisis as climate change demands leadership it may be structurally unfit to provide, raising doubts about its future role in global governance.

The Local Impact Of The International Standardization Of Transitional Justice: Lessons From The Ugandan Case, Thomas Hansen

Georgia Journal of International & Comparative Law

This Article examines how international transitional justice (TJ) standardization has influenced Uganda's TJ processes, exploring stakeholder perceptions, local implementation, and its implications for academics, policymakers, and practitioners.

Countries As Laboratories: Reflections On Sierra Leone’S Amended Anti-Human Trafficking Law, Andrea Dennis

Georgia Journal of International & Comparative Law

Sierra Leone’s improved anti-trafficking laws align with global norms, but enforcement remains weak due to socio-economic realities and Western deterrence mismatches, limiting effective prosecution despite recent legislative reforms.