Law Commons^™

Regulating Cryptocurrency: A Comparative Analysis Of U.S. And Eu Approaches, Xander Xueyang Peng

Cardozo International & Comparative Law Review

The note compares the regulatory approaches of the U.S. and the EU regarding cryptocurrency, focusing on sanctions and anti-money laundering (AML). It argues that while the EU has implemented a comprehensive regulatory framework, the U.S. relies on fragmented enforcement actions and lacks a unified approach. The EU's structured regulations, such as the Markets in Crypto-Assets (MiCA) framework, are more effective in addressing the challenges posed by cryptocurrency, including traceability and compliance. The note advocates for the U.S. to adopt a more robust regulatory framework, including know-your-customer (KYC) requirements and stricter AML measures, to enhance accountability and security in the crypto …

"Those Were Just Demos And Never Intended To Be Heard By The Public", Ryan Whyte

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Impossibility Of Artificial Inventors, Mateusz Blaszczyk

Scholarly Works

Recently, the United Kingdom Supreme Court decided that only natural persons can be considered inventors. A year before, the United States Court of Appeals for the Federal Circuit issued a similar decision. In fact, so have many of the courts all over the world. This Article analyzes these decisions, argues that the courts got it right, and finds that artificial inventorship is at odds with patent law doctrine, theory, and philosophy. This Article challenges the intellectual property (IP) post-humanists, exposing the analytical and normative perils of their argumentation, and recommends against getting rid of the nominally central place of humans …

Students For Fair Admissions: Affirming Affirmative Action And Shapeshifting Towards Cognitive Diversity?, Steven A. Ramirez

Seattle University Law Review

The Roberts Court holds a well-earned reputation for overturning Supreme Court precedent regardless of the long-standing nature of the case. The Roberts Court knows how to overrule precedent. In Students for Fair Admissions v. Harvard (SFFA), the Court’s majority opinion never intimates that it overrules Grutter v. Bollinger, the Court’s leading opinion permitting race-based affirmative action in college admissions. Instead, the Roberts Court applied Grutter as authoritative to hold certain affirmative action programs entailing racial preferences violative of the Constitution. These programs did not provide an end point, nor did they require assessment, review, periodic expiration, or revision for greater …

End-Of-Life Choice For People Living With Alzheimer’S Disease And Related Dementias: Comparing American And Canadian Approaches, Amy Subach

Lewis & Clark Law Review

This Note argues for an expansion of end-of-life choice for people diagnosed with Alzheimer’s Disease and Related Dementias in the state of Oregon, using both Canadian waiver of final consent and Supported Decision-Making models, with additional proposed safeguards to prevent coercion and missed diagnoses of treatable conditions.

Model For Understanding Cedaw's Impact On Implementing Gender Equality Reforms: Lessons From Canada And India, Amanda L. Stephens

Faculty Articles

This Article provides a model for examining the impact of the Convention on the Elimination of All Forms of Discrimination Against Women ("CEDAW") on implementing gender equality reforms using Canada and India, two CEDAW State Parties, as case studies. It also explores the influence of heteropatriarchy, deeply rooted cultural norms perpetuating gender inequality, on hindering CEDAW's ratification in the United States, as well as CEDAW's effectiveness in implementing reforms in Canada and India. The analysis showcases how non-governmental organizations ("NGOs") in these countries have nevertheless achieved limited successes through their mobilization of CEDAW to address specific gender injustices, such as …

Bias Notification Duty, Eldar Haber, Shai Stern

Cardozo Arts & Entertainment Law Journal

Algorithms are often tainted with bias that could negatively affect subjects' lives in many aspects. But while policymakers and scholars tend to focus their attention on methods to fix the bias within the algorithm or its output, they neglect a crucial piece of the puzzle: when companies discover bias and fix it in the algorithmic output, they do so behind the scenes. While such a move might debias the output, society remains in the dark about its existence or how it might have affected the outcome. Society thus misses a unique opportunity to study social and cognitive biases that shape …

Bridging The Gap In Corporate Governance For Interlocking Directors In Colombia, Juan D. Ovalle

Emory Business Law Review

No abstract provided.

Introduction: Comparative Comparative Law, Jorge L. Esquirol

FIU Law Review

This introduction illuminates the multifaceted nature of comparative law, transcending its conventional perception as merely a methodological tool. Rather, it emerges as a dynamic arena of political struggle, embodying diverse perspectives and objectives across various discursive exchanges. The volume delves into this complexity through contributions from esteemed scholars exploring topics ranging from granting rights to rivers in Colombia to the constitutional interpretive politics of Italian abortion rights. It underscores how comparative law shapes governance and policy, both reinforcing hegemonic norms and providing avenues for resistance and alternative perspectives. Ultimately, the volume celebrates the rich diversity and interconnectedness within comparative law, …

"Bricolage" As Comparative Research Method For Critical Legislative Innovation, Marie-Claire Belleau

FIU Law Review

Comparative law incentivize imagination to create new solutions to social problems intrinsically linked to different parts of the world. It consists in the analysis of multiple legal solutions revealed by research. Meanwhile, the understanding of the documentation put forward is influenced by the social, cultural, linguistic, political, and economic context where it evolved in the first place. Consequently, the interpretation of those elements leads to varying results. In response to this reality, we offer a modest comparative methodology rooted in creativity inspired by the concept of “bricolage” for the purpose of legislative innovations. In light of some descriptive examples pertaining …

Volume 14 Masthead, Notre Dame Journal Of Int'l & Comparative Law Volume 14

Notre Dame Journal of International & Comparative Law

No abstract provided.

Letter From The Editor, Barrett Cole

Notre Dame Journal of International & Comparative Law

No abstract provided.

Volume 14 Masthead, Notre Dame Journal Of Int'l & Comparative Law Volume 14

Notre Dame Journal of International & Comparative Law

No abstract provided.

Walking The Red Carpet: Hollywood And Censorship In China, Sheryl Soundar

Notre Dame Journal of International & Comparative Law

No abstract provided.

Returning The Benin Bronzes: An Analysis Under International And U.S. Law, Elaine Kim

Notre Dame Journal of International & Comparative Law

No abstract provided.

Letter From The Editor, Barrett Cole

Notre Dame Journal of International & Comparative Law

No abstract provided.

Global Civil Justice, Cesare Cavallini

Notre Dame Journal of International & Comparative Law

No abstract provided.

Oh Canada: Why Canada Should Recognize The Northwest Passage As An International Strait, Sandra Weir

Notre Dame Journal of International & Comparative Law

No abstract provided.

Volume 14, Issue 1 - Full Issue, Notre Dame Journal Of Int'l & Comparative Law Volume 14

Notre Dame Journal of International & Comparative Law

No abstract provided.

“Green” Is The New Black: Enforcing Consumer Protection Laws Against Greenwashing In The Fashion Industry, Emma Sammons

Emory International Law Review

As climate change continues to relentlessly change landscapes, threaten harvests, and increase the frequency of natural disasters, legislators and regulators globally must expand upon their efforts to protect the environment and citizens from the harmful practices of corporations, some of the greatest contributors to climate change. One of the greatest perpetrators of harm to the environment is the fashion industry. The harm is further compounded by the rise of fast fashion companies. These companies utilize methods of rapid production and encourage overconsumption, resulting in a rampant storefront to landfill cycle. However, legal activists, politicians, the public, and some industry leaders …

Class Action Waivers In Arbitration Agreements: The Twenty-First Century Arbitration Battleground And Implications For The E.U. Countries, Linda S. Mullenix

Emory International Law Review

Without doubt the U.S. Supreme Court in the twenty-first century has been obsessed with the problem of corporate attorneys’ inclusion of class action waivers in arbitration agreements. This article traces the emergence of the class action waiver issue, which developed in tandem with the plaintiffs’ embrace and proliferation of class action litigation at the end of the twentieth century. The discussion comments on plaintiffs’ initial attempts to request and secure class arbitration where the arbitration clauses were silent, culminating in Supreme Court’s opinion permitting arbitrators to determine this issue. With the Court opening the door to possible classwide arbitration, corporate …

Repurposing The United Nations Trusteeship Council To Govern The Establishment Of Outer Space Settlements, Andrew Wulf

Northwestern Journal of International Law & Business

Current existing international law and treaties on outer space do not address or regulate private actors’ property claims or human settlements in outer space. American companies such as SpaceX and Blue Origin, as well as countries like the United States, Russia, and China, are seeking to create colonies on the Moon and Mars. However, there is no international legal authority to allow or regulate this. In order to legitimize and control this impending outgrowth of human settlements, this paper proposes that the U.N. Trusteeship Council be repurposed to govern non-state actors’ claims of outer space property.

First, this paper explains …

Conscientious Objection And Abortion: The Italian Pseudo-Exceptionalism, C. Crea

FIU Law Review

Threats to abortion and reproductive rights are well-rooted in global discursive and strategic practices promoted by conservative and ‘pro-life’ movements and narratives. Starting from these premises, this essay will focus on abortion access in Italy and the barrier caused by conscientious objection among medical personnel, which appears indefensible in light of both international human rights regimes and philosophical-theoretical perspectives. The main questions explored here are the following: Is conscientious objection to abortion really based on Catholic moral teaching, which constitutes the conventional religious wisdom of the national societal fabric? How and to what extent are Catholic and conservative moral narratives …

Italian Comparative: A Trait Of The Legal System, Bianca Gardella Tedeschi

FIU Law Review

The cultural environment of Italian academia was open to suggestions that came from other legal systems and shaped an eclectic legal culture. Italy is an hybrid system that took the code from France, the legal science from Germany, and has always been receptive of foreign suggestions. This cultural background may explain why the Italian legal curriculum requires a mandatory course of comparative law and why comparative law has been an important field of Italian legal research. At the same time, comparative law was characterized by an an important mark of antiformalism, necessary to swim through the times of Fascism and …

Urban Commons In Italy, Michele Graziadei

FIU Law Review

The Italian experience with urban commons has been very rich indeed. In the last ten years or so the number of social and legal initiatives relating to urban commons in Italy has exploded. The present Italian situation shows that urban commons are here to stay. By now, they are part of the collective imagination, of political and socio-economic transformative projects, of administrative practices, and of the law. The demand for the commons in the city originates from the social movements that intend to resist the penetration of the market and of private property in every ambit of life but is …

The Spree Of Principles And The Abuses Of The Balancing Doctrine In Brazil, Ronaldo Porto Macedo

FIU Law Review

This article delves into the nuanced distinction between principles and rules in legal discourse, emphasizing their differing grammatical functions. While acknowledging the necessity of principles in legal reasoning, it cautions against their unchecked proliferation, exemplified by the Ellwanger case. The analysis underscores the importance of contextual understanding in discerning between principles and policies, advocating for a philosophical-political reflective approach. It critiques the overreliance on balancing-proportionality as a universal method, warning against its potential for dogmatic reduction and infringement on fundamental rights like freedom of expression. Ultimately, it calls for a balanced, reflective interpretation of principles to mitigate the risks inherent …

Global Antitrust From The Global South: A Comparative Law Void, Dina I. Waked

FIU Law Review

This paper discusses the attempts at creating an international antitrust regime from the perspective of the Global South. Today’s diffused competition laws, have arguably muted calls for an international antitrust regime. Given this diffusion, a global regime has indeed emerged. Within such a system, differentiated and selective antitrust enforcements are proposed as ways to achieve national public interest goals.

Developments At The United Nations International Law Commission On Sea-Level Rise, Claudio Grossman

Scholarly Articles in Law Reviews & Journals

Sea-level rise is a pressing global challenge that could generate catastrophic consequences for humankind. The implications for States and people all over the world are grave, making rising sea-levels a matter of utmost urgency. This paper will examine some of the challenges presented by the phenomenon of sea-level rise in relation to international law with a focus on the analysis undertaken by the Study Group on Sea-Level Rise (“Study Group”) of the United Nations International Law Commission (“ILC”).

Property Rights In Space: Where Does The Law Stand Now?, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

1. Introduction: property rights in outer space?
2. Rights over immovable property and outer space – the discussion on Article II of the Outer Space Treaty
3. National developments contributing to an interpretation of Article II of the Outer Space Treaty
4. Concluding remarks

In discussing the issue of “property rights in outer space,” it should first be clarified that at a general level there might be three categories of property rights at issue.

First, there is the issue of “intellectual property rights,” the rights that individuals or other right-holders might enjoy when it comes to exclusively using, marketing and/or …

Misery, Melancholy, And Misfortune: A Migrant Case Study, Jayanth K. Krishnan

Articles by Maurer Faculty

There is an ongoing crisis of despair involving migrants from abroad who are seeking refuge in one of the world’s longest-standing, post-World War II democracies—India. There are roughly 4.9 million noncitizen migrants in India, with most coming from Bangladesh, Myanmar, Nepal, Pakistan, and Sri Lanka. Because these migrants often live in the shadows, they are frequently deprived of fundamental human rights.

On the one hand, it may seem surprising that this population remains so vulnerable. After all, India’s Supreme Court has been a leading institutional light in safeguarding the rights of many marginalized groups. Supreme courts in other countries point …