Digital Commons Network^™

Litigating National Security In The Wto Era, Petros C. Mavroidis

Faculty Scholarship

From one dispute between 1948 and 1994, there have now been 14 requests for a panel establishment (based on the General Agreement on Tariffs and Trade (GATT), Article XXI – the exception for national security) during the World Trade Organization (WTO) era (1995–now). The majority of them ended up in the issuance of a panel report, all of which were issued after 5 April 2019. As the WTO Appellate Body has been dysfunctional as of November 2019, no appellate report has been issued. Appeals have been lodged, but as there is no Appellate Body to entertain them, they were lodged …

Tort Law Heterodoxy In China, Benjamin L. Liebman, Rachel E. Stern, Eva Wenwa Gao, Xiaohan Wu

Faculty Scholarship

Chinese courts routinely ask defendants to pay damages without evidence of negligence while relying on concepts such as fairness, substantive justice, or discretion. This chapter examines how Chinese courts arrive at decisions that feel fair or just in cases where they refer to those ideas. Analysis of a dataset of 10,000 judicial decisions in personal injury cases suggests that Chinese courts refer to these concepts when they impose liability on two types of parties: (1) participants in a shared activity and (2) those who control a physical space. By assigning legal responsibility in these cases, Chinese courts acknowledge traumatic harm, …

The Financial Sector And Global Dollar System, Gary Gensler, Lev Menand, Joshua Younger

Faculty Scholarship

The second Trump administration’s approach to financial markets and institutions mixes familiar deregulatory policies with a range of other policies (financial and non-financial) that are largely without precedent and may lead to significant structural change in the long term. Combined, these policies have the potential to affect the financial sector in at least four ways. First, they could threaten the foundations of the global dollar system – mutual cooperation, trust, and interdependency, both between the producers and consumers of financial instruments and among the nations that constitute the dollar bloc. Second, they may undermine financial stability by loosening prudential standards, …

The Changing Architecture Of Trust, Kathryn Judge

Faculty Scholarship

Trust has always been vital to the healthy functioning of financial markets and the stability of the financial institutions. The mix of public and private institutions that undergird this trust, however, can vary. Often these forces are ignored or taken for granted until something goes wrong. With a marked turn toward deregulation taking hold on both sides of the Atlantic, against a backdrop of central banks having played a very active role intervening to allay distress, it is a good time to revisit these fundamentals. This essay examines the importance of trust, how it is created, how it can be …

(De)Funding Family Separations, Joshua Gupta-Kagan

Faculty Scholarship

Federal foster care funding exists in tension with foundational family law principles. The law protects family integrity: the state may only separate parents and children in extreme cases, and, when it does, the state must work to reunify families. Yet the federal funding system directs billions of federal dollars to support CPS agencies and pay subsidies to foster parents, adoptive parents, and guardians. It does so via an open-ended entitlement, so that the more families a state separates, the more federal funds it receives. This system makes it relatively cheaper for CPS agencies to take custody of children, incentivizes states …

Competition In The Global Law Market: Offshore Development Of The Statutory "Rule In Hastings-Bass", Andrew P. Morriss

Faculty Scholarship

This Article examines the competitive dynamics in the global law market through the lens of the statutory evolution of the Rule in Hastings-Bass across various International Financial Centers (IFCs). Following the UK Supreme Court's 2013 decision in Pitt v Holt and Futter v Futter, which significantly restricted the judiciary's ability to void trustee decisions under the Rule, seven IFCs (Jersey, Bermuda, The Bahamas, the Dubai International Financial Center, the Cayman Islands, and the British Virgin Islands) enacted statutes to preserve and clarify the Rule within their jurisdictions. These legislative actions highlight the strategic adaptations by IFCs to enhance their legal …

Water Flowing Down Wall Street, Vanessa Casado-Pérez

Faculty Scholarship

Water scarcity is a perennial problem with dire consequences for the United States and governments around the world. A lack of adequate water resources is a systematic cause of environmental harm, economic damage, and societal division. Climate change has exacerbated these problems making water even more valuable and essential.

Financial actors have turned water into the new oil. These large financial actors profiteer from buying and selling water without any interest in its actual use as an input of production. Instead, they typically seek to hold these rights until dire situations, like droughts and fires, cause temporary, but large, spikes …

Curative Identity Formation Themes To Counteract Law School’S Hidden Curriculum, Aric K. Short

Faculty Scholarship

Especially given the sensitive and malleable life stage that many of our students are in, law schools should take meaningful steps to blunt and counteract the negative effects of the hidden curriculum, including in ways suggested in other articles in this symposium. One direct way to present countervailing messaging is through a required 1L course on professional identity formation (PIF). As described in this article, there are a number of benefits of explicitly addressing PIF topics early in law school, and doing so not only more effectively prepares our students to become practicing attorneys, it also responds directly to some …

Nato Self-Defense – Is Article 5 The Right Framework For Responding To Sub-Kinetic Cyber Aggression?, Shreyas Kumar, Gary D. Brown, Srividhya Ragavan, Maddalena Cerrato, Gourav Nagar

Faculty Scholarship

Cyber aggression presents a significant challenge to traditional frameworks of collective defense, particularly under Article 5 of the NATO Washington Treaty, which obligates member states to respond collectively to an "armed attack." While NATO has acknowledged that cyber incidents may trigger Article 5, ambiguity persists over what constitutes a cyber "armed attack," especially in the absence of kinetic effects. This uncertainty complicates NATO’s ability to address increasingly prevalent sub-kinetic cyber threats, such as economic disruption, data manipulation, and interference in democratic processes. Unlike conventional military threats, cyber operations often fall below the traditional threshold of armed conflict while still exerting …

Ai For Good: Expanding Legal Services For Immigrants, Huyen Pham, Bryan Garcia

Faculty Scholarship

In this Essay, we explore the possibilities for putting AI technology in the hands of clients themselves, considering the advantages and disadvantages. Thinking about the specific context of immigration law, we could envision apps that help individuals to prepare for interviews for affirmative asylum, visas, or naturalization; to educate them about their rights in ways that are more specific, timely, and convenient than current know-your-rights formats; or, in a more attorney-adjacent interaction, using an app to conduct the initial intake interview and organize that information, making the usual time-consuming intake process more efficient and effective. We are not envisioning apps …

Regulating The Metaverse: Reducing Diffusion Of Trader Responsibility, Hadar Y. Jabotinsky, Michal Lavi

University of Michigan Journal of Law Reform

With the emergence of the metaverse, some problems relating to trader responsibility, which had previously long been addressed, have now resurfaced and come back to life. One of these problems is the question of who should be held accountable for harm inflicted by defective or counterfeit products sold by third-party vendors in metaverse marketplaces. Under the common law, liability for defective or counterfeit products rests with the immediate seller of the product. But, unique aspects of the metaverse may make holding sellers liable unwise, difficult, or even impossible.

The law confronted a similar question after online platforms emerged. Currently, common …

Cruising Beyond Car Dealer Dominance, Piotr Tereszkiewicz

University of Michigan Journal of Law Reform

The automotive industry plays a pivotal role in both the American economy and American daily life. This means that the laws that govern the automotive industry and structure power dynamics between central players in the market also play a pivotal role in both the American economy and American daily life. One such area of law has room for improvement: laws governing the manufacturer-dealer relationship in car sales.

Although the law currently structures automotive industry power dynamics to the detriment of consumer welfare, it does not have to be this way. This Article proposes legal reforms aimed at improving consumer welfare …

Redesigning Post-Incarceration Employment Tax Credits: Making Work Opportunity Credits Work For Former Felons, Stephanie Hunter Mcmahon

University of Michigan Journal of Law Reform

Former felons have a significantly higher unemployment rate than other groups of American workers. This unemployment increases recidivism as well as broader societal problems. Consequently, Congress enacted the Work Opportunity Tax Credit to encourage employers to hire former felons (and other groups of targeted workers) by offsetting their wages. For the credit to increase employment, employers must know whether potential workers would likely qualify for the credit before hiring decisions are made. However, the growing Ban the Box Movement seeks to defer or eliminate conviction history questions in hiring. After examining the credit’s stated purpose, its operating mechanism, and some …

Front Matter

Hofstra Law Review

No abstract provided.

Exonerees Working For Work's Benefits: Prison Work For Social Security And Medicare, Stephanie Hunter Mcmahon

Hofstra Law Review

Exonerated individuals are released from prison, but they cannot recover the time they were incarcerated. The time is gone, as is its potential to qualify for the nation’s social safety net. Most people earn a right to the safety net and for retirement through their employment; however, even when prisoners work, they are denied employment-related benefits that would be enjoyed by those not incarcerated. Inmate labor does not earn toward Social Security, Medicare, and Social Security Disability Insurance, and the exclusion applies even if the inmate is later exonerated of the crime for which they were imprisoned. Therefore, exonerees’ mandatory …

The Power Of Voice In The Law: Reflections Of A Public Defender Turned Federal Judge, Eunice C. Lee

Hofstra Law Review

No abstract provided.

Treading Water: Striking A Delicate Balance In Wetland Conservation In The Wake Of Sackett V. Environmental Protection Agency, Ryan Donofrio

Hofstra Law Review

No abstract provided.

Step, Prep, And Leap: How Choreographers Can Overcome The Hurdles Placed By Copyright Law, Anne Henderson

Hofstra Law Review

No abstract provided.

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 …

Analyzing Copyrightability Of Ai-Generated And Assisted Works Under A New Theory Of Authorship, Katherine Lu

Journalism

While pending cases like the New York Times’ case against OpenAI will be the first test for artificial intelligence (AI) in the copyright space, current copyright legislation inadequately answers questions regarding grey-area uses of generative AI in the creation of journalistic, creative, or academic works. The Copyright Office has established that copyright requires human authorship, but current legal definitions of authorship may include simple prompt writing as a form of authorship. This paper addresses the inadequacies of the current definitions of authorship, and proposes a new one that encompasses traditional definitions, the Copyright Office’s new motions addressing AI, and Christopher …

Legal Responses To Work-Related Intimate Partner Violence In Canada: Troubling Privatization, Jennifer Koshan

Dalhousie Law Journal

Intimate partner violence and coercive control can manifest in abusers’ attempts to sabotage their partners’ participation in employment. Work-related intimate partner violence (WRIPV) also implicates employers, governments, and society more broadly, challenging the individualizing frame often applied to IPV. However, the legal recognition of WRIPV has been slow and sporadic, disproportionately impacting women experiencing intersecting inequalities, who are more vulnerable to IPV and to work-related inequalities. This article examines how governments have responded to WRIPV, situating their responses in the continuing legacy of the public/private distinction. Using a rights-based framework, I evaluate the two newest Canadian reforms concerning WRIPV: occupational …

The Crime Victims' Rights Movement: Historical Foundations, Modern Ascendancy, And Future Aspirations, Paul G. Cassell

University of the Pacific Law Review

No abstract provided.

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 …

Punitive Desire, Belief In Redeemability, And Support For Rehabilitation: A Comparison Of Victimized And Non-Victimized Individuals' Attitudes Toward Criminal Offenders, Caleb Linder

Student Theses

This study examined the attitudes of victimized and non-victimized individuals toward criminal offenders, investigating whether the supportive attitudes observed in Spoo et al. (2018) extend beyond sexual offenses to other types of crime. The study also explored how the perpetrator’s relationship to the victim (family member vs. stranger) and participants’ previous exposure to the justice system influenced their perceptions of offenders. Contrary to our hypothesis, punitive attitudes did not differ between participants with a history of victimization and those without. Additionally, there was no significant difference in punitive attitudes toward stranger offenders compared to offenders known to the victim. Furthermore, …

Assessing Illegal Take Of Sea Turtle In Bocas Del Toro, Panamanian Caribbean, Daniela Carolina Rojas-Cañizales

Theses and Dissertations

In Bocas del Toro, Panama, sea turtles were exploited for generations to supply local, national, and international markets. Today, sea turtle species are globally protected by different laws, and Panama is no exception. However, the use of sea turtles in Bocas del Toro and local perceptions regarding the consumption of these reptiles are unknown. Accordingly, during May of 2024, I conducted twenty-five semi-structured interviews with key informants selected by targeted and snowball sampling. Sea turtle consumption persists, and there is a clandestine network to sell turtle meat and derived products in Bocas del Toro. This study provides the first assessment …

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 …

Navigating Crisis: An Intersectional Analysis Of Marginalized Women’S Role In Sustaining Community Cooperatives Through The Covid-19 Pandemic, Rizky Septiana Widyaningtyas

The Indonesian Journal of Socio-Legal Studies

This study analyzes the challenges faced by PEKKA women in Bantul regarding economic empowerment amid the Indonesian government's social restriction policies. It also explores the strategies these women have implemented to survive and strengthen community cooperatives during and after the pandemic. Using a socio-legal method with an intersectional approach, the results indicate that the pandemic and social distancing measures have significantly impacted the economies of female-headed households compared to those supported by both husbands and wives. This impact is particularly pronounced for women who run small businesses that had to close during the pandemic. PEKKA women work collectively in community …

(Law) School To Prison Pipeline, Cheyenne Petrich

Minnesota Journal of Law & Inequality

No abstract provided.

From Abc To Ot: A Historical Critique Of The Flsa’S Unfair Overtime Exemption For Preschool Teachers, Anthony Alas

Minnesota Journal of Law & Inequality

No abstract provided.

The New Abortion Borders For Immigrant Women, Valeria Gomez

Minnesota Journal of Law & Inequality

No abstract provided.