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Celest Newsletter, Issue 2, 2019, Faculty Of Law University Of Malaya

Archival Material (2010s)

No abstract provided.

Expanding Pre-Suit Discovery Production And Preservation Orders, Jeffrey A. Parness, Jessica Theodoratos

College of Law Faculty Publications

There are now few written federal or state civil procedure laws broadly authorizing pre-suit discovery. Yet with the increasing amounts of electronically stored information (ESI) relevant to future civil litigation, the regularity of ESI loss/destruction, and the growing availability of substantive law claims involving pre-suit evidence spoliation, there is a compelling need for new written laws on pre-suit court orders involving evidence preservation.

Current written civil procedure laws generally authorize pre-suit discovery perpetuating witness testimony via depositions in order to prevent a failure of justice arising because a witness will likely be unavailable later. Fewer procedural laws authorize pre-suit discovery …

Faithful Parents: Choice Of Childcare Parentage Laws, Jeffrey A. Parness

College of Law Faculty Publications

In July 2017, the National Conference of Commissioners on Uniform State Laws (NCCUSL) approved and recommended for enactment in all U.S. states a new Uniform Parentage Act (UPA). This Act follows the 1973 and 2000 UPAs, which have been widely adopted. While all three UPAs recognize forms of childcare parentage beyond biological ties (in and outside of marital births) and formal adoptions, the 2017 UPA is quite expansive in recognizing such forms, including in its provisions on de facto parentage, voluntary acknowledgment parentage, and intended parentage of children born of assisted reproduction. These expanded forms of childcare parentage, relevant to …

Foreword—Anthropocenic Disruption, Community Resilience And Law, René Reich-Graefe

Western New England Law Review

Since the First Agricultural (or Neolithic) Revolution, humans have been the primary agents of both biospheric and sociospheric change. Modern human societies evolved in an ecosystem of abundance in which human agency and consumption could conveniently ignore the problem of natural capital. At today’s peak of humanity, first-world humans personally produce virtually nothing to sustain their respective individual lives. Instead, distant agro-industrial systems and global economies of scale mass-produce the resources that modern humans simply acquire through, often anonymous, exchange transactions in order to satisfy their survival and welfare needs. By the second half of the twenty-first century, the Anthropocene …

Coerced Choice: School Vouchers And Students With Disabilities, Claire Raj

Faculty Publications

The landscape of public education, once thought to be a core function of the state, is shifting towards privatization. The appointment of Betsy DeVos as U.S. Secretary of Education further cements this shift. In particular, DeVos intends to vastly expand the availability of vouchers and tax credits that use public dollars to fund private school tuition. The debate over this expansion and its impact on traditional public schools has been polarizing and combative. Thus far, commentators have framed vouchers as purely matters of choice and increased educational opportunities. Drowned out in the debate are the voices of students with disabilities. …

Breaking The Norm Of School Reform, Derek Black

Faculty Publications

No abstract provided.

C Is For Cookie: Is The Eu's New "Cookie Law" Good Enough To Protect My Data?

The International Lawyer

[...]data breaches have consistently increased in recent years, with almost 1,300 breaches in 2017 and over 600 as of July 24, 2018.11 This is obviously a problem that affects millions of people across the globe each year and is expected to continually increase as the global economy becomes ever more digital, forcing some to call for action. [...]the comment will speculate as to any potential legal developments as a result of the GDPR's implementation in the European Union and ways that it may evolve over time to affect not only the European Union but also other nations that do business …

The Osi And The Nazis: America's Struggle To Expel Nazi War Criminals And Their Allies Decades After The Second World War, Evan S. Murray

Honors Undergraduate Theses

This thesis examines the history of the Office of Special Investigations' campaign to identify, denaturalize, and deport Nazis and Nazi collaborators. By analyzing documents from the work of the Office's predecessor, the Special Litigations Unit, in 1977, up to and including the case of George Lindert in 1995, this research aims to provide an understanding of the Office's origins, methods, and motivations. This work was done through the consultation of court records, internal memos, letters, an official government report on the Office's activities, other literature written on this topic, and interviews conducted by the author with two former members of …

Governments' Adoption Of Native Cryptocurrency: A Case Study Of Iran, Russia, And Venezuela, Rose Mahdavieh

Honors Undergraduate Theses

The emergence of digital currency is becoming prevalent in the age of globalization – specifically, cryptocurrencies. Cryptocurrencies and blockchain are two recently discovered concepts currently being explored by researchers and developers. Cryptocurrency is a subset of digital currency that encompasses revolutionary technology, shifting political and economic spheres in nation-states. Certain governments are more prone to the adoption of cryptocurrencies and three comparative case study countries, Iran, Russia, and Venezuela, have shared attributes that result in adoption. Observed factors that result in the adoption of cryptocurrencies include corruption, GDP level, economic volatility, and Western sanctions. These factors will be applied in …

An American Approach To Social Democracy: The Forgotten Promise Of The Fair Labor Standards Act, Kate Andrias

Faculty Scholarship

There is a growing consensus among scholars and public policy experts that fundamental labor law reform is necessary in order to reduce the nation’s growing wealth gap. According to conventional wisdom, however, a social democratic approach to labor relations is uniquely un-American – in deep conflict with our traditions and our governing legal regime. This Article calls into question that conventional account. It details a largely forgotten moment in American history: when the early Fair Labor Standards Act (FLSA) established industry committees of unions, business associations, and the public to set wages on an industry-by-industry basis. Alongside the National Labor …

Celebration And Mourning: The Valparaiso University School Of Law, Michael L. Swygert

Valparaiso University Law Review

No abstract provided.

The Influence Of The Warren Court And Natural Rights On Substantive Due Process, James Marmaduke

Calvert Undergraduate Research Awards

Advanced Research Winner 2019:

While the concept of substantive due process has guided judicial decision making even prior to the Civil War, it has become a lightning rod among the juristic community especially since the 1960s. This controversy includes issues ranging from the applicability and reliability to the cogency and legitimacy of the doctrine of substantive due process Many scholars attribute the skepticism toward the concept of substantive due process to be the result of a paradigm shift in the middle of the 20^th century when this concept transitioned from an economic and property rights based approach to one …

A Blind Spot In Miranda Rights: Juveniles' Lack Of Understanding Regarding Miranda Language, Wadad Barakat

St. Thomas Law Review

This Comment addresses the negative implications of juveniles who waive their Miranda rights due to lack of knowledge, fear, and lack of cognitive capabilities." First, this Comment will provide insight regarding the Fifth Amendment, the history of Miranda, and key cases that lead to the reform of Miranda. Second, this Comment will discuss juveniles' perspective of the Miranda language along with the police's perspective. In particular, it will emphasize the complexity of the language as it stands today and how juveniles' cognitive abilities are insufficiently developed to understand it. Lastly, this Comment will propose guidelines to prevent minors from giving …

To Friend Or To Unfriend?: It's Time To Update The Status On What It Means To Be Facebook Friends, Carolina A. Del Campo

St. Thomas Law Review

This comment analyzes what a Facebook friendship encompasses in the legal profession and focuses on what courts, specifically Florida, recognize this relationship to mean. Part II provides an overview of the process for judicial disqualification and reviews the opinions released by the Florida Judicial Ethics Committee regarding judicial participation on social media." Part III discusses how traditional friendships have been considered in regards to judicial disqualification and compares what other states have understood a Facebook friendship to encompass versus what Florida has concluded. Lastly, Part IV proposes a new Judicial Ethics Opinion that reflects a more modernized understanding of the …

"Scientific Inference" Vs. "Legal Reasoning"? -Not So Fast!, Susan Haack

Articles

To understand why the interactions of science with the legal system can be so problematic, it's not enough to gesture vaguely towards a supposed contrast between scientific and legal "modes of thinking"; we need to look, instead, to the consequences of the different purposes of science and the law, the different constraints under which they pursue those purposes, and the different cultures of the two enterprises. From this perspective we can see why the law sometimes asks more of science than science can give, and sometimes gets less from science than science could give; and also why a simple dichotomy …

The Impact Of Cross-References On The Readability Of The U.S. Internal Revenue Code, Jeffrey A. Lasky

CCAC Theses and Dissertations

Scholars and practitioners have long argued that U.S. income tax law (“the Tax Code”) is excessively complex and difficult to understand, and hence imposes non-trivial adjudication, administration, planning, and compliance costs across the spectrum of income tax stakeholders: the courts, the Internal Revenue Service, tax practitioners, business managers, and individual taxpayers. Hence, there is considerable interest in reducing the effort needed to accurately understand and apply the provisions of income tax law. Prior scholarly work has strongly argued that exceptions to Tax Code provisions as expressed by cross-references embedded in the Tax Code text constitute a major source of reading …

From Innovation To Abuse: Does The Internet Still Need Section 230 Immunity?, Benjamin Volpe

Catholic University Law Review

In 1996, Congress passed the Communications Decency Act to allow the screening of offensive material from the internet, while preserving the continued development of the internet economy without burdensome regulation. However, for years, online intermediaries have successfully used the Act as a shield from liability when third parties use their online services to commit tortious or criminal acts. This Comment argues that a wholly-unregulated internet is no longer necessary to preserve the once-fledgling internet economy. After evaluating various approaches to intermediary liability, this Comment also argues that Congress should take a more comprehensive look at consumer protection online and establish …

Harmless Constitutional Error: How A Minor Doctrine Meant To Improve Judicial Efficiency Is Eroding America's Founding Ideals, Ross C. Reggio

CMC Senior Theses

The United States Constitution had been in existence for almost two hundred years before the Supreme Court decided that some violations of constitutional rights may be too insignificant to warrant remedial action. Known as "harmless error," this statutory doctrine allows a court to affirm a conviction when a mere technicality or minor defect did not affect the defendant's substantial rights. The doctrine aims to promote judicial efficiency and judgment finality. The Court first applied harmless error to constitutional violations by shifting the statutory test away from the error's effect on substantial rights to its impact on the jury's verdict. Over …

"The More They’Re Beaten The Better They Be": Gendered Violence And Abuse In Victorian Laws And Literature, Danielle T. Dominguez

CMC Senior Theses

During the Victorian age, the law and society were in conversation with each other, and the law reflected Victorian gender norms. Nineteenth-century gender attitudes intersected with the law, medical discourse, and social customs in a multitude of ways. Abuse and gender violence occurred beneath the veneer of Victorian respectability. The models of nineteenth-century social conduct were highly gendered and placed men and women in separate social spheres. As this research indicates, the lived practices of Victorians, across social and economic strata, deviated from these accepted models of behavior. This thesis explores the ways that accepted and unaccepted standards of female …

Investment Treaties, Investor-State Dispute Settlement, And Inequality: How International Investment Treaties Exacerbate Domestic Disparities, Lise Johnson, Lisa E. Sachs

Columbia Center on Sustainable Investment Staff Publications

Over roughly the past four decades, government officials from around the world have been erecting a framework of economic governance with major – but under-appreciated – implications for intra-national inequality. The components of this framework are thousands of bilateral and multilateral treaties designed to protect international investment. In many jurisdictions, the treaties have been concluded without public awareness or scrutiny or even much discussion or analysis by government officials – including those officials responsible for negotiating the agreements(Poulsen 2015) – and without an adequate understanding of how these agreements could affect intra-national inequality. Long imperceptible, the size and power of …

Non-State Community Virtual Currencies, Benjamin Geva, Dorit Geva

Articles & Book Chapters

Community currencies are means of payment issued other than by the State, for voluntary use side by side with State-issued (that is, national) currency, either in a particular geographical area or by a group of users. This chapter deals with them as their media have been transforming from paper to digital. Discussing legal aspects of digital community currencies as monetary objects, this chapter combines an analysis general to the law of community currencies, as applied to community currencies regardless of the media in which they are embodied, with an analysis of the general law governing digital currencies as applied to …

Does Justice Have A Syntax?, Steven L. Winter

Journal of Legal Education

No abstract provided.

2019 Conference - “Biodiversity Beyond National Jurisdiction: Intractable Challenges & Potential Solutions”: Program, Center For Oceans Law & Policy

Conference on Oceans Law & Policy

Tuesday, May 14, 2019 to Thursday, May 16, 2019 | World Maritime University, Sasakawa Auditorium, Malmö, Sweden

The conference discussed the development of an internationally legally binding instrument under UNCLOS on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ). Our 43rd Annual Conference was co-organized with the World Maritime University--Sasakawa Global Ocean Institute at the World Maritime University and the Nippon Foundation.

Purchase Conference Proceedings Volume.

Book Review Of Beyond One L: Stories About Finding Meaning And Making A Difference In Law, Stephanie R. Hartung

Journal of Legal Education

No abstract provided.

Divergence And Convergence At The Intersection Of Property And Contract, Giuseppe Dari-Mattiacci, Carmine Guerriero

Faculty Scholarship

In this Article, we study rules that solve the conflict between the original owner and an innocent buyer of a stolen or embezzled good. These rules balance the protection of the original owner’s property and the buyer’s reliance on contractual exchange, thereby addressing a fundamental legal and economic trade-off. Our analysis is based on a unique, hand-collected dataset on the rules in force in 126 countries. Using this data, we document and explain two conflicting trends. There is a large amount of first-order divergence: both rules that apply to stolen goods and those that apply to embezzled goods vary widely …

Law Or Justice? What Future For The Legal Profession?, William P. Quigley

Intercultural Human Rights Law Review

Is the future of our profession law or justice? There is a lot of law in our profession. There is some charity and some generosity. Justice? Not nearly enough to suggest it is at the core of our profession, our mission, or our future.

A Justice School: Teaching Forced Migration Through Experiential Learning, Lauren Gilbert

Intercultural Human Rights Law Review

This article demonstrates how experiential learning in law school can prepare students for the practice of law and, if done well, instill in them a life-long commitment to social justice. I use my efforts to integrate a public service component into my immigration courses to illustrate this. Despite institutional obstacles encountered along the way, the success of this effort ultimately turned on working collaboratively with student leaders with a shared commitment to equal justice, winning the support of well-placed individuals within our administration, and ensuring that the experience for students was rewarding. Our signature achievement has been the Karnes Pro …

The Moral Imperative To Change Unjust Laws And The New Haven School, Carol Castleberry

Intercultural Human Rights Law Review

The theme of this issue of the Intercultural Human Rights Law Review involves profound issues of law and morality. Professors John and June Mary Makdisi chose this theme as one close to their hearts. Throughout their professional and personal lives, both Professors Makdisi have been teachers, mentors, and examples of how law and morality fit together. This essay is dedicated to them.

The Toll Of American Exceptionalism On American Justice, Jay Sterling Silver

Intercultural Human Rights Law Review

Early in his presidency, Barak Obama observed that "the fact that I am very proud of my country and I think that we've got a whole lot to offer the world does not lessen my interest in recognizing the value and wonderful qualities of other countries, or recognizing that we're not always going to be right, or that other people may have good ideas." The American exceptionalism police were quick to charge him with heresy. Then Louisiana Governor Bobby Jindal lamented, for example, that "[t]his is a president who won't proudly proclaim American exceptionalism, maybe the first president ever who …

Prosecutorial Indiscretion, Alfred Light

Intercultural Human Rights Law Review

In honor of John and June Mary Makdisi, this volume's general theme is about the importance of morality to law. They will be missed, having impacted students in a wide array of courses, stretching from Torts, Remedies, and Property to Evidence, Natural Law, and Family Law. Although my remarks strictly relate to my principal area of expertise and interest (i.e., environmental law), they are no less imbued with some of the moral concerns that have marked the academic lives of the Makdisis. As a professor working in the environmental field, moreover, considering the relationship of morality to law can be …