Law Commons^™

Anonymous Hacktivism: Flying The Flag Of Feminist Ethics For The Ukraine It Army, Ellen Cornelius

Homeland Security Publications

No abstract provided.

Delaware's Global Competitiveness, William J. Moon

Faculty Scholarship

For about a hundred years, Delaware has been the leading jurisdiction for corporate law in the United States. The state, which deliberately embarked on a mission to build a haven for corporate law in the early twentieth century, now supplies corporate charters to over two thirds of Fortune 500 companies and a growing share of closely held companies. But Delaware’s domestic dominance masks the important and yet underexamined issue of whether Delaware maintains its competitive edge globally.

This Article examines Delaware’s global competitiveness, documenting Delaware’s surprising weakness competing in the emerging international market for corporate charters. It does so principally …

Comparative Constitutional Democracy Colloquium

Maryland Carey Law

No abstract provided.

The Modern Architecture Of Religious Freedom As A Fundamental Right, Peter G. Danchin

Faculty Scholarship

No abstract provided.

The Pandemic Paradox In International Law, Peter G. Danchin, Jeremy Farrall, Shruti Rana, Imogen Saunders

Faculty Scholarship

No abstract provided.

Navigating The Backlash Against Global Law And Institutions, Peter G. Danchin, Jeremy Farrall, Jolyon Ford, Shruti Rana, Imogen Saunders, Daan Verhoeven

Faculty Scholarship

No abstract provided.

Delaware's New Competition, William J. Moon

Faculty Scholarship

According to the standard account in American corporate law, states compete to supply corporate law to American corporations, with Delaware dominating the market. This “competition” metaphor in turn informs some of the most important policy debates in American corporate law.

This Article complicates the standard account, introducing foreign nations as emerging lawmakers that compete with American states in the increasingly globalized market for corporate law. In recent decades, entrepreneurial foreign nations in offshore islands have used permissive corporate governance rules and specialized business courts to attract publicly traded American corporations. Aided in part by a select group of private sector …

Regulating Offshore Finance, William J. Moon

Faculty Scholarship

From the Panama Papers to the Paradise Papers, massive document leaks in recent years have exposed trillions of dollars hidden in small offshore jurisdictions. Attracting foreign capital with low tax rates and environments of secrecy, a growing number of offshore jurisdictions have emerged as major financial havens hosting thousands of hedge funds, trusts, banks, and insurance companies.

While the prevailing account has examined offshore financial havens as “tax havens” that facilitate the evasion or avoidance of domestic tax, this Article uncovers how offshore jurisdictions enable corporations to evade domestic regulatory law. Specifically, recent U.S. Supreme Court cases restricting the geographic …

From Parliamentary To Judicial Supremacy: Reflections In Honour Of The Constitutionalism Of Justice Moseneke, Peter G. Danchin

Faculty Scholarship

No abstract provided.

Religious Freedom As A Technology Of Modern Secular Governance, Peter G. Danchin

Faculty Scholarship

No abstract provided.

Taiwan’S 2016 Presidential/Vice Presidential And Legislative Election: Reflections On The Nature Of Taiwan’S Politics And Shifts Therein, John F. Copper

Maryland Series in Contemporary Asian Studies

On Saturday January 16, 2016 voters in Taiwan (officially known as the Republic of China) went to the polls to cast ballots for candidates for president (and his or her running mate) and members of the Legislative Yuan (Taiwan’s lawmaking body of government). This was Taiwan’s fourteenth presidential election and its sixth wherein the electorate cast direct votes. It was the second that did not have an incumbent president or vice president in the race. It was the second election that resulted in a change of ruling parties. It was the first election to see the main opposition party, the …

Sleep: A Human Rights Issue, Clark J. Lee

Homeland Security Publications

Recognition of sleep as a human rights issue by governmental and legal entities (as illustrated by recent legal cases in the United States and India) raises the profile of sleep health as a societal concern. Although this recognition may not lead to immediate public policy changes, it infuses the public discourse about the importance of sleep health with loftier ideals about what it means to be human. Such recognition also elevates the work of sleep researchers and practitioners from serving the altruistic purpose of improving human health at the individual and population levels to serving the higher altruistic purpose of …

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Speculative Tech: The Bitcoin Legal Quagmire & The Need For Legal Innovation, Paul H. Farmer Jr.

Journal of Business & Technology Law

No abstract provided.

Politics Of Religious Freedom: Contested Genealogies, Peter G. Danchin, Saba Mahmood

Faculty Scholarship

No abstract provided.

A Convenient Path For The Brazilian Branches Of Government: Executive Supremacy, Carlos Bolonha

Schmooze 'tickets'

No abstract provided.

Extraterritoriality, Universal Jurisdiction, And The Challenge Of Kiobel V.Royal Dutch Petroleum Co., Vivian Grosswald Curran

Maryland Journal of International Law

No abstract provided.

Opting Out Of The Procedural Morass: A Solution To The Class Arbitration Problem, Emanwel Josef Turnbull

Student Articles and Papers

American class actions are internationally regarded as a procedural form to avoid and widely criticized in the United States. They have been narrowed and restricted by U.S. statutes and case law. Plaintiffs' lawyers in consumer class actions are portrayed as greedy and fraudulent, while businesses are increasingly acting to avoid class actions through mandatory pre-dispute arbitration clauses. Even class arbitration is criticized as leading to a “procedural morass.”

This Article proposes that parties and arbitral fora opt out of the American procedural morass (and the attendant long-running disputes about American class actions) by adopting an English procedural rule for aggregation. …

Pitfalls In Brazilian Bankruptcy Law For International Bond Investors, Jeffrey M. Anapolsky, Jessica F. Woods

Journal of Business & Technology Law

No abstract provided.

Frozen Embryo Disposition In Cases Of Separation And Divorce: How Nahmani V. Nahmani And Davis V. Davis Form The Foundation For A Workable Expansion Of Current International Family Planning, Ceala E. Breen-Portnoy

Maryland Journal of International Law

No abstract provided.

"Looking Over The Crowd And Picking Your Friends:" The Social World Of Legal Cases, Kim Lane Scheppele

Schmooze 'tickets'

No abstract provided.

Grootboom And The One-Case (Or Country?) Canon On Social Rights, David Landau

Schmooze 'tickets'

No abstract provided.

Indentifying The Canon From The Anticanon, Haider Ala Hamoudi

Schmooze 'tickets'

No abstract provided.

Veils, Politics, And Constitutionalism, Jill Goldenziel

Schmooze 'tickets'

No abstract provided.

Insider Trading In China: Compared With Cases In The United States, Greg Tzu Jan Yang

Maryland Series in Contemporary Asian Studies

No abstract provided.

Mr. S. Lipietz Et Al. V. The Prefect Of The Haute-Garonne Department And The Sncf (Advisory Opinion), Jean-Christophe Truilhé

Maryland Journal of International Law

Advisory Opinion by Jean-Christophe Truilhé, Government Commissioner. Translated by Juliana Galan and Alisha L. Jacobsen, as revised by Vivian Grosswald Curran. All footnotes not designated as "Translator's note" were supplied by Vivian Grosswald Curran.

The Evolution Of The Italian And U.S. Bankruptcy Systems: A Comparative Analysis, Paolo Manganelli

Journal of Business & Technology Law

No abstract provided.

Recent French Legal Developments Concerning A War-Time Arrest And Imprisonment Case, Vivian Grosswald Curran

Maryland Journal of International Law

No abstract provided.

The French Administrative Court's Rulings On Compensation Claims Brought By Jewish Survivors Of World War Ii, Rémi Rouquette

Maryland Journal of International Law

No abstract provided.

Too Much To Bare? A Comparative Analysis Of The Headscarf In France, Turkey, And The United States, Hera Hashmi

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

The Universal Declaration And South African Constitutional Law: A Response To Justice Arthur Chaskalson, Peter E. Quint

Faculty Scholarship

No abstract provided.