Digital Commons Network^™

Corporate Governance Through Social Media, Christina M. Sautter

Faculty Journal Articles and Book Chapters

Retail investors and other stakeholders are vigorously and loudly taking positions regarding corporate governance issues on social media. They are gathering on social media to discuss which stocks to invest in and to debate and collectively act on corporate governance-related matters. Propelled by new technologies and social media, retail investor engagement has shifted away from traditional venues like corporate voting and shareholder proposals. Retail investors have opened tens of millions of new brokerage accounts since 2020. These new retail investors, primarily Millennials and GenZ’ers, are adept at using technology and naturally gather and obtain information on social media. A co-author …

Beside Marriage Equality: Conversations On Supriyo, Danish Sheikh, Rupali Samuel

Socio-Legal Review

This case comment takes the form of an epistolary exchange between the authors as they reflect on the Indian Supreme Court’s 2023 judgment in Supriyo @ Supriya Chakraborty & Anr v Union of India, which denied the existence of a constitutional right to marriage and deferred the responsibility of legalising same-sex marriage to the legislature. Through a staged conversation, the comment explores personal subject positions, legal frameworks, and the intricate entanglements of intimacy and state recognition. The authors consider how the law leaves imprints on our bodies and, in turn, how our embodied lives reshape the law through acts …

The Trial Of The Jurors - A Commentary On 12 Angry Men, Jonathan K. Van Patten

South Dakota Law Review

No abstract provided.

Creditors Have Standing To Bring Derivative Actions Against Delaware Llcs In Bankruptcy, John D. Hayes Jr.

Bankruptcy Research Library

(Excerpt)

Delaware limited liability companies ("LLCs") are "creatures of contract" and their corporate structure may vary to resemble corporations, partnerships, or a mix of both. Managers of LLCs—like a director or officer of a corporation—owe fiduciary duties to the entity and its members. Generally, the entity has standing to pursue breach of fiduciary duty claims. It is well established that creditors of a corporate debtor may have standing to pursue breach of fiduciary duty claims against directors through derivative actions. Under Delaware law, the applicable statute does not confer standing for creditors of Delaware LLCs to bring derivative actions on …

Aggressor Status And Its Impact On International Criminal Law Case Selection, Nancy Amoury Combs

Faculty Publications

The laws of war apply equally to all parties to a conflict; thus, a party that violates international law by launching a war is granted the same international humanitarian law rights as a party that is required to defend against the illegal war. This doctrine—known as the equal application doctrine—has been sharply critiqued, particularly by philosophers, who claim the doctrine to be morally indefensible. Lawyers and legal academics, by contrast, defend the equal application doctrine because they reasonably fear that applying different rules to different warring parties will sharply reduce states’ willingness to comply with the international humanitarian law system …

Winter 2024: Amplifying

The Weldon Times

A student-run publication from the Schulich School of Law at Dalhousie University.

Co-Editors in Chief: Nicole Payette, Elyse Loewen

An Internal And External Contextual Autoethnography Of A Single Mother's Experience As It Intersects With Misogyny, Patriarchy, And Hegemonic Masculinity, Heidi Sampson

Antioch University Dissertations & Theses

This dissertation is a contextual autoethnography of my lived experience with stigmatization, stereotypes, and institutional obstructions as a divorced single mother who previously experienced intimate partner violence and was diagnosed with post-traumatic stress disorder. The purpose of the study is to shed light on the complexity of the single motherhood experience, both internally and externally. From 2009 to 2019, the institutions I accessed for assistance as a single mother and those I interacted with for my children, my job, my health, and even within the church were unnecessarily burdensome financially, physically, and emotionally. This dissertation takes a contextual look at …

Black Lives Matters, Sometimes, Bobby Delgado

Writing Beyond the Prison Living Archive

Critical Essay on Prison life; race/racism; Latinx; gangs; reform; race traitors; US politics; popular culture (film); Texas syndicate; brutality; torture; building tenders; convict guards; Donald J. Trump; Nazism; Hitler

Searching For Truth That Speaks To Power: Free Speech And Equality On Campus, Stephen M. Feldman

American University Law Review

University campuses are being rent apart in disputes pitting free expression against equality [read: diversity, equity, and inclusion]. Yet scholarly discussions and university declarations widely agree: While universities should encourage an inclusive educational environment, free-speech principles prohibit universities from restricting or punishing hate speech, group libel, and other forms of offensive expression. This Article argues that this prioritizing of free speech over equality on campus is mistaken. Equality should often be favored over free expression in campus settings. Although Supreme Court precedents are ambiguous, one can reasonably argue that the doctrine allows universities to restrict and punish offensive expression, including …

The Geoeconomics Of Belt And Road Disputes: A Case Study On The China-Pakistan Economic Corridor, Mark Mclaughlin

Research Collection Yong Pung How School Of Law

This article argues that the dovetailing economic, geopolitical, and security interests that underpin the Belt and Road Initiative demands a dispute resolution mechanism that focuses on broader interests and legal rights. Using the China-Pakistan Economic Corridor (CPEC) as a case study, it identifies the conditions in which Chinese investors could have initiated an investment arbitration but did not. This can be explained by the rights-based orientation of investment treaties failing to reflect the interests of multi-project initiatives. Instead, alternative methods of home state intervention, such as state-funded political risk insurance, are used to protect investors. In other words, the political …

Micro International Law, Katrin Kuhlmann

Georgetown Law Faculty Publications and Other Works

International law has long been viewed as the domain of countries and capitals, not fields or factories, but this overly top-down perspective misses a critical and under-studied dimension. Underneath the macro level of international agreements and standardized legal approaches and norms, international law is much more nuanced, with multiple sources of influence, production, design, adoption, and decision-making, which need to be more systemically recognized and compared in both scholarship and practice. Models stemming from legal systems in less powerful states, smaller-scale stakeholder interests, and local solutions are often treated as one-off anecdotes or isolated case studies without broader implications. Cataloging …

Regulatory Approaches To Consumer Protection In The Financial Sector And Beyond: Towards A Smart Disclosure Regime?, Nydia Remolina, Yvonne Ai-Chi Loh, David Hardoon

International Journal on Consumer Law and Practice

Consumer and data protection policies often focus on consent and information disclosure. The purpose of these regulatory strategies is the protection of consumers by reducing some contracting failures, such as asymmetries of information and a lower bargaining power, especially in transactions involving complex issues such as financial products and sensitive personal data. In the past, regulators have responded to privacy and consumer protection by adopting what this article refers to as an “imperfectly informed regime”, in which consumers do not receive full information about the risks associated with their decisions, even if they are still protected through a variety of …

The Sixth Warfighting Domain?: Governing The Space-Cyber Nexus, Eytan Tepper, Scott Shackelford, James B. Romano, Sergei Dmitriachev

Georgia Law Review

This Article reviews the recent emergence of the space-cyber nexus as a distinct warfighting domain, solidified during the Russian invasion of Ukraine, and analyzes the (missing?) laws of space-cyber warfare. The Article further suggests a roadmap for the development of norms and rules under the constraints of contemporary geopolitics and difficulties in multilateral rulemaking. As space-based infrastructure became critical to modern militaries and economies, it has, as a result, become a prime target. While only four countries possess antisatellite missiles (United States, Russia, China, and India), cyberattacks require much less in terms of funds and technological sophistication and can also …

Is The Women's Treaty A Paper Tiger? Indian Courts' Application Of The United Nations Treaty, Amanda L. Stephens

Faculty Articles

This Article examines whether the United Nations ("U.N.") Treaty, the Convention on the Elimination of All Forms of Discrimination Against Women ("CEDAW'), is a "paper tiger"-a law that seems powerful but is in fact weak and ineffectual. While some scholars question the Treaty's effectiveness based on statistical studies, others point to legal reforms in state parties as evidence of its success. Neither provides a nuanced middle ground by examining the CEDAW at a micro rather than a macro level. This Article fills this gap by conducting a qualitative analysis of 10 Indian judicial opinions. Specifically, the Article explores how the …

Trypanophobia: The Scary World Of Tattoos And The Law, Dalton Primeaux

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Structural Inequality And The New Markets Tax Credit, Michelle D. Layser, Andrew J. Greenlee

Duke Law Journal

The New Markets Tax Credit (“NMTC”) is a federal tax incentive used to promote investment in low-income neighborhoods. Many of these neighborhoods are home to historically marginalized communities. However, very few minority-led institutions participate in the NMTC program. This Article provides the first theoretical and empirical exploration of the underrepresentation of minority-led institutions in the NMTC program. Based on original interviews with representatives of Community Development Entities (“CDEs”), investors, borrowers, and consultants who participate in the NMTC program, this Article describes the “NMTC ecosystem,” a complex, relationship-driven network of NMTC program participants who influence decision-making and create opportunities for success …

Covid-19 And The Italian Legal System, Laura Maria Franciosi

Journal of Civil Law Studies

COVID-19 hit Italy with particular violence. Then spreading around Europe and worldwide, the virus raised unprecedented issues requiring the implementation of urgent measures to prevent its propagation. This Article focuses on selected topics of the Italian civil law particularly affected by the rise of COVID-19 and tries to provide brief comparative remarks. Namely, after summarizing the most important events that occurred in Italy––originating from the discovery of the first Italian case of COVID-19 in Codogno––it outlines relevant social and legal scenarios. This Article also concentrates on commercial lease contracts, and subsequently addresses the legal implications of vaccination, with reference to …

Administrative Convenience Or Deliberate Reform? The Impacts Of The Colonial Judicial Legacy Of The Pre-Colonial Justice System In South-Western Nigeria, Adewale Adekunle Adeyeye

LLM Theses

In pre-colonial times, the ethnic groups that independently existed in the territory now called Nigeria had organized systems of government. However, the sweeping force of nineteenth-century colonialism erased most of these pre-colonial governments’ institutions and replaced them with the British system. Notably, in South-Western Nigeria (Yorubaland), historical evidence revealed the existence of a constitutional monarchy with organized branches of government. Especially, the pre-colonial judicial branch/justice system of the Yoruba monarchy was radically altered by colonialism. Using the interdisciplinary methodology, this research answered questions related to the structures and procedures of the pre-colonial justice system in South-Western Nigeria and how it …

Reclaiming The Public Forum: Courts Must Stand Firm Against Government Efforts To Displace Dissidence, Chris Ford

Tennessee Journal of Law and Policy

No abstract provided.

A Survey Of North Carolina's Public Accommodation Ordinances And A Proposal For A Statewide Public Accommodation Law, Becca Pearson

North Carolina Law Review

No abstract provided.

Just Extracurriculars?, Emily Gold Waldman

Elisabeth Haub School of Law Faculty Publications

Extracurricular activities have been the battleground for a striking number of Supreme Court cases set at public schools, from cases involving speech to religion to drug testing. Indeed, the two most recent Supreme Court cases involving constitutional rights at public schools--Kennedy v. Bremerton School District (2022) and Mahanoy Area School District v. B.L. (2021)--both arose in the extracurricular context of school sports. Even so, the Supreme Court has never fully clarified the status of extracurricular activities themselves. Once a school offers an extracurricular activity, is participation merely a privilege? Does the fact that extracurricular activities are voluntary for students affect …

The Rise Of China, The United States, And The Limits Of International Law, Julian G. Ku

North Carolina Journal of International Law

No abstract provided.

Terror And Tenderness In Criminal Law, M. Eve Hanan

Cardozo Law Review

Sentencing reductions, executive pardons, prison release programs, and progressive prosecutors have something in common. In word choice and design, they suggest tempering the violence of criminal law in a limited number of cases. The prisoner may be released early based on a record of good behavior. The President may grant clemency to those sentenced in an earlier era to decades in prison for a drug crime. The prosecutor may recommend drug court rather than a jail sentence to a defendant addicted to illegal substances. In the era of “smart on crime,” reform often comes through expanding these mechanisms of relief …

Assignment (Or Novation) Of Indemnity Policies, Chee Ho Tham

Research Collection Yong Pung How School Of Law

In this article Dr Chee Ho Tham suggests that terminological confusion has arisen over the use of the phrase “assignment” in connection with policies of non-marine indemnity insurance, where the “assignment” is made before the occurrence of the insured event which causes loss or damage to the subject-matter of the policy. An “assignment” of the contract of insurance entails a novation and should be referred to as such.

What Twenty-First-Century Free Speech Law Means For Securities Regulation, Helen Norton

Notre Dame Law Review

Securities law has long regulated securities-related speech—and until recently, it did so with little, if any, First Amendment controversy. Yet the antiregulatory turn in the Supreme Court’s twenty-first-century Free Speech Clause doctrine has inspired corporate speakers’ increasingly successful efforts to resist regulation in a variety of settings, settings that now include securities law. This doctrinal turn empowers courts, if they so choose, to dismantle the securities regulation framework in place since the Great Depression. At stake are not only recent governmental proposals to require companies to disclose accurate information about their vulnerabilities to climate change and other emerging risks, but …

Fairness And Fair Use In Generative Ai, Matthew Sag

Joint PIJIP/TLS Research Paper Series

No abstract provided.

Reflecting On Academic Freedom Through Fiction: A Theatrical Exploration Of The Blurry Contours Of The Freedom To Teach, Julie Paquin, Maude Choko

The Qualitative Report

This article aims at exploring the contribution that creative forms of research can make to the study of a little-known aspect of academic freedom in the Canadian context – academic freedom in curriculum development. It seeks to address the methodological challenge posed by research on academic freedom, that is, the fact that any academic writing on this topic necessarily draws initially, though not exclusively, from the researchers’ own experiences and perspectives. The article brings to life a fictional faculty meeting, during which questions about academic freedom in teaching are discussed. Although this meeting is the product of our imagination, its …

All The Internet's A Stage: Reform Of The Digital Millennium Copyright Act And Broadway's Bootleg Problem, Emma K. Wimberly

Georgia Law Review

Broadway is the cultural epicenter of theatre arts. While Broadway performances are internationally known and hugely profitable, they remain inaccessible to a significant number of fans. The inability to bear the increasing costs of travel, lodging, and tickets leads many fans to turn to bootlegs. Bootlegs are illegal recordings of live performances. They are widely viewed and shared online, and uploaders purposefully work to obscure the illegality of these recordings, allowing them to evade tools designed to combat copyright infringement.

The Digital Millennium Copyright Act (DMCA), enacted in 1998, amended U.S. copyright law to attempt to prevent digital copyright infringement. …

Political Advocacy Groups: The Puppet Masters Behind Public School Boards’ Banning Of Books, Sean Maloney

DePaul Law Review

No abstract provided.

Now What? The Right To Privacy In Montana After Dobbs, Caitlin E. Borgmann

Montana Law Review

No abstract provided.