Law Commons^™

The Preservation Of Marine Fisheries Resources Within Asean Nations’ Eez, Ida Kurnia

Indonesia Law Review

The preservation of marine fisheries resources within ASEAN nations’ Exclusive Economic Zone (EEZ) is an urgent and pressing challenge requiring collaborative efforts from all ASEAN nations. Challenges such as illegal fishing, climate change, and lack of coordination between ASEAN nations may cause damage to marine biota food chain, especially marine fisheries in Southeast Asia region. To solve this conundrum, collaboration between ASEAN nations pose as the key solution. The research method used in this study is normative juridical approach by analyzing primary legal materials such as International Agreements and other international laws & sources. Further analysis was also …

Dol Fiduciary Rule 3.0 Strikeout, Base Knock, Or Home Run?, Antolin Reiber

DePaul Business & Commercial Law Journal

No abstract provided.

Money Is Morphing - Cryptocurrency Can Morph To Be An Environmentally And Financially Sustainable Alternative To Traditional Banking, Clovia Hamilton

DePaul Business & Commercial Law Journal

No abstract provided.

Survey Evidence In Trademark Actions, Ioana Vasiu And Lucian Vasiu

DePaul Business & Commercial Law Journal

No abstract provided.

Corporate Governance And Compelled Speech: Do State-Imposed Board Diversity Mandates Violate Free Speech?, Salar Ghahramani

DePaul Business & Commercial Law Journal

No abstract provided.

The Real Persons Are The Corporations We Made Along The Way, Leonard Brahin

DePaul Business & Commercial Law Journal

No abstract provided.

Front Matter

DePaul Business & Commercial Law Journal

No abstract provided.

Front Matter And Table Of Contents

University of Miami International and Comparative Law Review

No abstract provided.

Masthead

University of Miami International and Comparative Law Review

No abstract provided.

Critical Tax Theory In The U.S., Australia, And Brazil: Current Challenges And Perspectives For The Future, Júlia Silva Araújo Carneiro

University of Miami International and Comparative Law Review

Tax law has never been a neutral field. On the contrary, it impacts a range of identity axes, including socioeconomic class, race, and gender, and can act as a mechanism for maintaining the status quo or as a catalyst for social change. By examining the ongoing debate on critical tax theory in the United States, Australia, and Brazil, this Article shows that, no matter the differences found in distinct tax systems, tax law functions as a mirror of a country’s values and can be employed either to support or to disadvantage minorities.<.p>American critical tax scholars have consistently highlighted the …

Granting Legal Personality To Artificial Intelligences In Brazil’S Legal Context: A Possible Solution To The Copyright Limbo, Victor Habib Lantyer

University of Miami International and Comparative Law Review

This Article investigates the feasibility and consequences of granting legal personality to Artificial Intelligences (AIs) in the context of Brazilian law, with a special focus on copyright law. It conducts a thorough analysis of how such a grant can enhance legal security and encourage innovation in AI technologies. Through an integrative review of the literature and a comparative analysis of national and international legislation and jurisprudence, the study explores the implications of this legislative innovation. This Article highlights the importance of legal clarity for companies and investors in the AI sector, emphasizing that granting legal personality to AIs can simplify …

Fashion Upcycling As Protected Free Speech In Trademark Law, Martin Senftleben

University of Miami International and Comparative Law Review

Fashion upcycling offers unprecedented opportunities for the sustainable reuse of clothing. Using second-hand garments as raw material for new creations, upcyclers transform used pieces of clothing into new fashion products that may become even more sought-after than the original source material. The more fashion elements enjoy trademark protection; however, the more legal obstacles arise. Fashion upcycling may trigger allegations of consumer confusion, brand dilution, and unfair freeriding. As the Introduction will explain, the exhaustion of trademark rights after the first sale does not necessarily dispel concerns about trademark infringement. The rearrangement of branded garment components in the upcycling process may …

Coming Full Circle: The International Legal Status Of The International Olympic Committee, William Thomas Worster

University of Miami International and Comparative Law Review

No abstract provided.

Leveling The Playing Field: Navigating The ‘Name, Image, And Likeness’ Rules For International Student-Athletes In The United States, Colsen Khaze Centner

University of Miami International and Comparative Law Review

This Note analyzes the NCAA’s new ‘Name, Image, and Likeness’ (“NIL”) guidelines and their impact on international student-athletes. The NCAA’s NIL guidelines allow student-athletes to profit off of their own name, image, and likeness, a benefit that would have made them ineligible to maintain their amateur status and compete in the NCAA two short years ago.1 While the NCAA’s NIL guidelines can generate substantial compensation for some of the NCAA’s most prolific student-athletes, international student-athletes are limited in the NIL opportunities they can enjoy based on various immigration restrictions.2 If an international student-athlete is found to be in violation of …

Failure To Influence: Legislation Requiring Social Media Influencers To Disclose Their Retouched Images Will Not Address Youth Body Image Concerns, Michael Stuart

University of Miami International and Comparative Law Review

In 2013, Israel’s Act Limiting Weight in the Modelling Industry first came into effect, requiring advertisers to disclose when images of commercial models have been digitally altered. The Act, which was the first of its kind, has come to be known as Israel’s “Photoshop Law” and was designed to help models maintain healthy weights and to ensure transparency in fashion advertising. Now, in response to growing concerns over body image issues linked with youth social media consumption, several nations around the world, including Norway and the United Kingdom, have proposed or enacted regulations that require social media influencers to add …

Liquidated Damages In The New Civil Code Of China: Underpinnings, Confusion, And Reforms, Wei Wen

University of Pennsylvania Asian Law Review

The new Civil Code of the People’s Republic of China (“the Code”), enacted by the National People’s Congress (“NPC”), is now the most authoritative statute in private law matters. The Code has three rules for liquidated damages. The first rule gives contracting parties the freedom to agree on this remedy and enjoy its convenience and clarity. It reduces the burden of proof, saves judicial resources, and respects freedom of contract. The second rule lets contracting parties request the courts to increase or reduce pre-set amounts that are disproportionate to the losses caused by breaches. This unique and flexible mechanism balances …

River Water Regulation In India: The Challenges Of The Entangled State, Mia M. Rahim, Guy C. Charlton, Abhay Kanwar

University of Pennsylvania Asian Law Review

The inland river water regulations in India have become complicated by debates over river ownership, environmental sustainability, native aspirations, and industrial growth. This Article argues that such complexities surrounding the river water regulations inform a “state of entanglement” which cannot be addressed without invoking the unique way the Indian state is embedded within Indian society. This Article suggests that public interest litigation and increased participation for stakeholders and the common people may offer an effective mechanism to overcome the obstacles of the entanglement of state and society in India.

Cross-Border Insolvency Cooperation Between Mainland China And Hong Kong Sar: The 2021 Arrangement And Its Improvement, Jingxia Shi

University of Pennsylvania Asian Law Review

As the world’s second-largest economy, China has become a critical venue for high-profile cross-border insolvency proceedings in recent years. The evolution of China’s insolvency law and the pertinent judicial practice, especially its cross-border aspects, remains in infancy. This development underscores the significance of the 2021 Arrangement between Mainland China and the Hong Kong Special Administrative Region (“Hong Kong SAR”) on crossborder insolvency cooperation (the “2021 Arrangement”). The Arrangement not only caters to the unique demands under the “One Country, Two Systems” policy but also incorporates legal advancements and institutional features from the 1997 United Nations Commission on International Trade Law …

Masthead

UC Law SF International Law Review

No abstract provided.

From The Editor-In-Chief, Jacklin Lee

UC Law SF International Law Review

No abstract provided.

A One-State Solution To The Arab- Israeli/Israeli-Palestinian Conflict: A Recommendation Supported By A Review Of The Historical Record And Current Context, Samuel Horowitz

UC Law SF International Law Review

This article examines the legal underpinning of the creation of the state of Israel and historical documents to note that despite calls for a two-state solution at the UN, a one-state solution to the conflict is not necessarily precluded. It then identifies why both the status quo and the proposed two state solution are problematic and untenable. Lastly, it looks to the example of South Africa because of similarities between South Africa and modern day Israel/Palestine. It concludes that the creation of a single state, following the example of post-apartheid South Africa, is the only solution to the conflict that …

Old Wine In A New Bottle? – An Empirical Evaluation Of The Judicial Reforms In China In The 2010s, Peter C.H. Chan

UC Law SF International Law Review

This article provides an empirical evaluation of the effectiveness of the judicial reform measures implemented in China in the 2010s. Among other objectives, the reforms aimed to strengthen the independence of judges, the financial autonomy of courts and the professionalism of adjudicators. Critics have questioned the success of the reforms, citing continued government intervention with adjudication and unchanged structural problems with courts. To date, there has been limited empirical literature focusing specifically on the judicial reform measures in the 2010s in China. This article provides a glimpse into what really was happening on the ground since the reforms through the …

Ccpa/Cpra: Consumers Bear The Burden As Companies Bear The Crown, Jacklin Lee

UC Law SF International Law Review

Examining the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) is important for understanding United States privacy law. They were pioneering legislation in that the CCPA was one of the first comprehensive state-level privacy laws in the United States when it was enacted in 2018, introducing new rights for California residents regarding their personal information and imposed obligations on businesses handling data. The CPRA, passed in 2020, builds upon CCPA and further enhances privacy protections. These laws have served as models for subsequent privacy legislation at both the state and federal levels. They embody key principles …

“Whale Wars” — Are The Japanese Whaling Just Because They Can? A Testament Of Failed International Whaling Policy, Katy Rotzin

UC Law SF International Law Review

This paper analyzes whaling law and practices in Japan. This paper briefly compares Japanese whaling to whaling in Norway and Iceland, as well as Indigenous whaling but mainly focuses on Japan’s domestic ethos around “whaling culture,” their policies, which perpetuate whaling even though the industry is no longer profitable, and their unique relationship with the International Whaling Commission. This paper further analyzes the International Whaling Commission’s main document, the International Convention for the Regulation of Whaling, and its inability to keep rogue nations in check, and recommends that anti-whaling nations combine both soft law and sanctions to pressure Japan to …

Authenticating Social Media Evidence In Chinese Criminal Procedure Law -- A Comparative Study, Yage Huang

Maurer Theses and Dissertations

Authentication requires the proponent to provide sufficient proof that the proposed social media evidence is, indeed, what it is claimed to be. The rapid proliferation of social media evidence has posed significant challenges for its authentication. This dissertation explores the authentication challenges for social media evidence in a comprehensive manner.

This research employs a qualitative research methodology, including theoretical and analytical methods, to examine the theoretical approaches, statutory provisions, and recent judicial rulings related to the authentication of social media evidence within the legal frameworks of China and the United States. Through a comparative analysis, this study reveals significant commonalities …

Egypt’S Legal Modernism: Challenging The National Discourse, Mohamed A. El-Deeb

Theses and Dissertations

Egypt’s legal modernity is the story of the modern Egyptian state itself. Reforming the country’s judiciary in the late nineteenth century was meant to achieve ambitious aims beyond the functionality of a justice system. The utmost goal was the country’s independence from the suzerainty of the Ottoman Empire. The judicial reforms modernized the Egyptian state and built a judiciary and legal community like no other place. Egypt achieved its independent judiciary before gaining its political independence. That was a remarkable achievement of the judicial reform. That rich part of Egypt’s modern history is negated and disregarded from public awareness. Not …

Volume 14, Issue 2 - Full Issue, Notre Dame Journal Of Int'l & Comparative Law Volume 14

Notre Dame Journal of International & Comparative Law

No abstract provided.

Front Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.

Masthead

University of Miami Inter-American Law Review

No abstract provided.

Shareholders’ Agreements In Public Corporations In Chile: What Are We Missing Out?, Gonzalo Islas, Osvaldo Lagos, Iván Cerda

University of Miami Inter-American Law Review

Shareholders’ agreements are quite common in many jurisdictions. Theory and empirical evidence suggest that they may have a positive or a negative impact on corporate governance structures depending on companies’ characteristics and on the goals that these contracts pursue. Shareholders’ agreements may be used as Control Enhancement Mechanisms (CEM) allowing controllers to circumvent rules that favor minority investors. However, comparing to other CEM, in many countries information regarding them is scarce. Is it necessary that shareholders’ agreements in public corporations be fully informed?

We examine the case of Chile (a country that only requires to inform that a shareholder agreement …