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Articles 1 - 30 of 305
Full-Text Articles in Law
Will They Stay Or Will They Go? An Examination Of South Africa’S International Invest Arbitration Policy, Taylor Bates
Will They Stay Or Will They Go? An Examination Of South Africa’S International Invest Arbitration Policy, Taylor Bates
Brooklyn Journal of International Law
In 2018, South Africa’s much debated Protection of Investment Act, 2015 went into effect. Designed to replace the state’s bilateral investment treaties, the Act signified a radical shift in South Africa’s attitude towards international investment policy. South Africa’s decision to terminate its bilateral investment treaties is part of a larger, ongoing discussion surrounding investor-state dispute resolution reform. This Note seeks to examine South Africa’s Protection of Investment Act, 2015, its proposal for investor-state dispute settlement reform to Working Group III, and its comments during investor-state dispute settlement reform meetings, through the lens of Albert Hirschman’s Exit, Voice, and Loyalty theory. …
Red Scare Or Red Herring: How The “China Initiative” Strategy For Non-Traditional Collectors Is Stifling Innovation In The United States, Bianca Tillman
Red Scare Or Red Herring: How The “China Initiative” Strategy For Non-Traditional Collectors Is Stifling Innovation In The United States, Bianca Tillman
Seattle Journal of Technology, Environmental & Innovation Law
In 2018, the U.S. Department of Justice launched the “China Initiative” in response to the growing economic and national security threat posed by China. The China Initiative is a sweeping federal plan designed, in part, to protect the United States’ status as a leader in global innovation and scientific discourse. The U.S. is justified in its concern over China’s unfair practices to achieve military, technological, and economic prominence. While U.S. and Chinese intelligence agencies have spied on each other for decades, China has increased both the scope and the sophistication of its efforts to steal secrets from the U.S. in …
Functional Statehood In Contemporary International Law, William Thomas Worster
Functional Statehood In Contemporary International Law, William Thomas Worster
Brooklyn Journal of International Law
The international community lacks a form of territorial-based, international legal personality distinct from statehood, and yet, non-state, territorial entities of varying degrees of autonomy or independence need to function within the international community in some form. Some of these entities cannot be recognized as states because their creation violates jus cogens norms, though others are not recognized based on an assessment that they may not fully qualify as a state or that there are political reasons to refuse recognition. However, existing states still need to engage with these territorial quasi-states through the only paradigm the international community has—statehood. For example, …
What Can Democrats Learn From Trump’S 2020 Performance?, Bruce Ledewitz
What Can Democrats Learn From Trump’S 2020 Performance?, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Mandating Covid-19 Vaccines, Lawrence O. Gostin, Daniel A. Salmon, Heidi J. Larson
Mandating Covid-19 Vaccines, Lawrence O. Gostin, Daniel A. Salmon, Heidi J. Larson
Georgetown Law Faculty Publications and Other Works
Severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) vaccines hold promise to control the pandemic, and help restore normal social and economic life. The Food and Drug Administration (FDA) has granted emergency use authorization (EUA) for 2 mRNA vaccines and will likely issue full biologics licenses in the coming months. Anticipating vaccine scarcity, the Advisory Committee on Immunization Practice (ACIP) published guidance on vaccine priorities.
Data show 95% efficacy for vaccines granted an EUA, but even highly effective vaccines cannot curb the pandemic without high population coverage and maintenance of other mitigation strategies. Recent data from 1,676 adults surveyed November 30-December …
The Impact Of Cultural Heritage On Japanese Towns And Villages, Yuichiro Tsuji Dr.
The Impact Of Cultural Heritage On Japanese Towns And Villages, Yuichiro Tsuji Dr.
Seattle Journal of Technology, Environmental & Innovation Law
In 1954, when historically significant clays and clay pots were found in the Iba district of Shizuoka prefecture, the city applied to the prefectural education committee for a historic site designation. The committee granted this designation to the city..
However, in 1973 the education committee lifted its permission to promote development around the location. Historians have sought revocation of this decision under the Administrative Case Litigation Act (ACLA), but the Supreme Court has denied standing. By denying standing, the Japanese Supreme Court allows the prefecture to destroy a historical site.
First, this paper seeks to discuss the doctrine of standing …
What Will A Post-Trump U.S. Supreme Court Look Like? It Might Not Be All That Bad For Liberals, Bruce Ledewitz
What Will A Post-Trump U.S. Supreme Court Look Like? It Might Not Be All That Bad For Liberals, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Fault Lines: An Empirical Legal Study Of California Secession, Bill Tomlinson, Andrew W. Torrance
Fault Lines: An Empirical Legal Study Of California Secession, Bill Tomlinson, Andrew W. Torrance
Seattle Journal of Technology, Environmental & Innovation Law
Over the last decade, multiple initiatives have proposed that California should secede from the United States. This article examines the legal aspects of California secession and integrates that analysis with findings from an empirical study of public perceptions of such secession. There is no provision in the United States Constitution allowing states, or other political or geographical units, to secede unilaterally. The Civil War was fought to uphold this principle, and the United States Supreme Court confirmed it in its 1869 Texas v. White decision. Nevertheless, numerous instances of secession, both legal and extralegal, have occurred across human history, and …
An Umbrella Of Autonomy: The Validity Of The Hong Kong Protests, Ciera Lehmann
An Umbrella Of Autonomy: The Validity Of The Hong Kong Protests, Ciera Lehmann
Senior Honors Theses
Hong Kong has been fighting for democracy and to retain its autonomy from China, and the world has been watching. Over time, Hong Kongers have seen Beijing blatantly tighten its grip before time was up for the fifty-year agreement since the handover in 1997. In 2014, and again in 2019, hundreds of thousands of citizens filled the streets to participate in pro-democracy demonstrations with the protests only gaining momentum and influence. While there has mostly been support for Hong Kong’s independence movement, there has been argument that Beijing’s actions are completely justified. Should Hong Kong remain autonomous from China, and …
The Electoral College Is Dangerously Vulnerable To Manipulation. It's Time To Fix It, Bruce Ledewitz
The Electoral College Is Dangerously Vulnerable To Manipulation. It's Time To Fix It, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Aristotle And Animal Law: The Case For Habeas Corpus For Animals, Charles Edward Andrew Lincoln Iv
Aristotle And Animal Law: The Case For Habeas Corpus For Animals, Charles Edward Andrew Lincoln Iv
Student Scholarship
This article is divided into three substantive sections. Section I delineates Aristotle’s theory of the soul as laid out in De Anima. Section II defines habeas corpus as a legal concept and demonstrates under what circumstances it should be granted. Section III applies Aristotle’s theory of the soul as a structure whereby animals could be granted habeas corpus rights.
Caps On Capsules: Prescription For Lower Drug Prices In The United States, Christine Chasse
Caps On Capsules: Prescription For Lower Drug Prices In The United States, Christine Chasse
Student Scholarship
The United States is the foremost innovator of pharmaceutical therapies in the world. That innovation, however, comes at a price—literally. Americans pay more for their medications than any other country. In a country without universal healthcare, the topics of economics, human rights, and healthcare intersect at the crossroads of pharmaceutical pricing. In contrast to most other countries, the United States has no regulations on pharmaceutical price control. One major argument against government regulation is its inherent opposition to the free market system: the heart of the American economy. Further still is the argument that profit restriction would create a chilling …
Splendid Isolation: Va’S Failure To Provide Due Process Protections And Access To Justice To Veterans And Their Caregivers, Yelena Duterte
Splendid Isolation: Va’S Failure To Provide Due Process Protections And Access To Justice To Veterans And Their Caregivers, Yelena Duterte
Journal of Law and Policy
Imagine you are a spouse and caregiver of a severely injured post-9/11 veteran. Your spouse served in the Marine Corps, with several deployments to Iraq. During their last deployment, your spouse sustained a severe traumatic brain injury and suffers from post-traumatic stress disorder. Due to these injuries, they need consistent care throughout the day. Thankfully, upon their return, the VA provided a caregiver program that allowed you to step away from your job and focus on caring for your spouse full time. As part of this program, you received a caregiver stipend of $2,400 per month, healthcare, and support from …
Predictable Punishments, Brian Galle, Murat C. Mungan
Predictable Punishments, Brian Galle, Murat C. Mungan
Faculty Scholarship
Economic analyses of both crime and regulation writ large suggest that the subjective cost or value of incentives is critical to their effectiveness. But reliable information about subjective valuation is scarce, as those who are punished have little reason to report honestly. Modern “big data” techniques promise to overcome this information shortfall but perhaps at the cost of individual privacy and the autonomy that privacy’s shield provides.
This Article argues that regulators can and should instead rely on methods that remain accurate even in the face of limited information. Building on a formal model we present elsewhere, we show that …
Third Wheeling In The Two-Party System: How Same-Party Replacement Systems Impede The Replacement Of Independent And Third-Party Legislators, Tyler Yeargain
Third Wheeling In The Two-Party System: How Same-Party Replacement Systems Impede The Replacement Of Independent And Third-Party Legislators, Tyler Yeargain
West Virginia Law Review
No abstract provided.
The Governor's Mansion Is A House, Not A Home: Requiring Executives To Live At The Seat Of Government, Ashley Faulkner
The Governor's Mansion Is A House, Not A Home: Requiring Executives To Live At The Seat Of Government, Ashley Faulkner
West Virginia Law Review
No abstract provided.
Rwu Law News: The Newsletter Of Roger Williams University School Of Law 12-2020, Barry Bridges, Michael M. Bowden, Nicole Dyszlewski, Louisa Fredey
Rwu Law News: The Newsletter Of Roger Williams University School Of Law 12-2020, Barry Bridges, Michael M. Bowden, Nicole Dyszlewski, Louisa Fredey
Life of the Law School (1993- )
No abstract provided.
Reforming And Strengthening The Centers For Disease Control And Prevention: Five Key Reforms To Renew The Agency’S Stature And Effectiveness, Lawrence O. Gostin, Sandro Galea
Reforming And Strengthening The Centers For Disease Control And Prevention: Five Key Reforms To Renew The Agency’S Stature And Effectiveness, Lawrence O. Gostin, Sandro Galea
Georgetown Law Faculty Publications and Other Works
The US Centers for Disease Control and Prevention (CDC) is the world’s leading public health agency, so admired that whole regions and countries have borrowed its name—in Africa, Europe, even China. In past epidemics, CDC’s expertise was transformative, such as in AIDS, Ebola, Zika, and Influenza H1N1. If there ever were a moment for the CDC to show leadership domestically and globally, it was the COVID-19 pandemic. Yet, the CDC’s stature was diminished—not enhanced—in an administration that not only eschewed science and politically pressured the CDC, but also gave notice of withdrawal from the World Health Organization (WHO), where CDC …
This Year’S Divided Electorate Is A Reminder Of Why We Need Workable, Governing Majorities, Bruce Ledewitz
This Year’S Divided Electorate Is A Reminder Of Why We Need Workable, Governing Majorities, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Dean's Desk: Iu Maurer Research Focusing On Most Topical Issues Of 2020, Austen L. Parrish
Dean's Desk: Iu Maurer Research Focusing On Most Topical Issues Of 2020, Austen L. Parrish
Austen Parrish (2014-2022)
The three major stories of 2020 — the COVID-19 pandemic, the heightened awareness of racial injustice and the election — have made this year one that we will remember. While we couldn’t have envisioned all that would happen at the beginning of the year, our faculty are producing useful and thought-provoking scholarship on all these topics.
I often use my Dean’s Desk columns to celebrate student and alumni achievement, to describe new and innovative programs in our curriculum, or to share how the law school supports and collaborates with community organizations and the courts to provide pro bono legal services …
Is The Digital Economy Too Concentrated?, Jonathan Klick
Is The Digital Economy Too Concentrated?, Jonathan Klick
All Faculty Scholarship
Concentration in the digital economy in the United States has sparked loud criticism and spurred calls for wide-ranging reforms. These reforms include everything from increased enforcement of existing antitrust laws, such as challenging more mergers and breaking up firms, to an abandonment of the consumer welfare standard. Critics cite corruption and more systemic public choice problems, while others invoke the populist origins of antitrust to slay the digital Goliaths. On the other side, there is skepticism regarding these arguments. This chapter continues much of that skepticism.
Video: No, You Can’T Touch My Hair: The Importance, Necessity, And Controversy Of The Crown Act, Randolph Bracy Iii, Adjoa B. Asamoah, The Honorable Ashleigh Parker Dunston, Doris "Wendy" Green, Linda Harrison, Dr. Stephen Wigley, Dpm
Video: No, You Can’T Touch My Hair: The Importance, Necessity, And Controversy Of The Crown Act, Randolph Bracy Iii, Adjoa B. Asamoah, The Honorable Ashleigh Parker Dunston, Doris "Wendy" Green, Linda Harrison, Dr. Stephen Wigley, Dpm
NSU Law Seminar Series
The Black Law Students Association welcomes you to our Fall 2020 panel event, which focuses on the 2019 CROWN Act. The CROWN Act, which stands for “Creating a Respectful and Open World for Natural Hair,” is a law that prohibits race-based hair discrimination, which is the denial of employment and educational opportunities because of hair texture or protective hairstyles including braids, locs, twists or bantu knots.
This panel focuses on the legal perspective from different vantage points. Attendees will learn more about the Act, how it was handled, and the current political climate surrounding the Act. National CROWN Act and …
Alito, Conservative Justices Are Fighting Old Ghosts In Pa. Count All The Ballots, Bruce Ledewitz
Alito, Conservative Justices Are Fighting Old Ghosts In Pa. Count All The Ballots, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang
Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang
Michigan Law Review
This Article draws on novel data and presents the results of the first empirical analysis of how potentially salient characteristics of Court of Appeals judges influence class certification under Rule 23 of the Federal Rules of Civil Procedure. We find that the ideological composition of the panel (measured by the party of the appointing president) has a very strong association with certification outcomes, with all-Democratic panels having dramatically higher rates of procertification outcomes than all-Republican panels—nearly triple in about the past twenty years. We also find that the presence of one African American on a panel, and the presence of …
Dispute Settlement Under The African Continental Free Trade Area Agreement: A Preliminary Assessment, Olabisi D. Akinkugbe
Dispute Settlement Under The African Continental Free Trade Area Agreement: A Preliminary Assessment, Olabisi D. Akinkugbe
Articles, Book Chapters, & Popular Press
The African Continental Free Trade Area Agreement (AfCFTA) will add a new dispute settlement system to the plethora of judicial mechanisms designed to resolve trade disputes in Africa. Against the discontent of Member States and limited impact the existing highly legalized trade dispute settlement mechanisms have had on regional economic integration in Africa, this paper undertakes a preliminary assessment of the AfCFTA Dispute Settlement Mechanism (DSM). In particular, the paper situates the AfCFTA-DSM in the overall discontent and unsupportive practices of African States with highly legalized dispute settlement systems and similar WTO-Styled DSMs among other shortcomings. Notwithstanding the transplantation of …
Same-Party Legislative Appointments And The Problem Of Party-Switching, Tyler Yeargain
Same-Party Legislative Appointments And The Problem Of Party-Switching, Tyler Yeargain
Texas A&M Law Review
For half of the states and almost every territory in the United States, legislative vacancies are filled by some system of temporary appointments rather than by special elections. Most of these systems utilize “same-party” appointments to ensure continuity of representation. But few states have anticipated the problem of state legislators switching parties. Though party-switching is rare, it happens frequently enough that several state supreme courts have already interpreted same-party appointment statutes as applied to party-switchers.
This Article argues for a uniform approach to the problem of party-switchers in same-party appointment systems. First, this Article reviews the current legislative appointment schemes …
A Few Grains Of Incense: Law, Religion, And Politics From The Perspective Of The "Christian" And "Pagan" Dispensations, Paul Horwitz
A Few Grains Of Incense: Law, Religion, And Politics From The Perspective Of The "Christian" And "Pagan" Dispensations, Paul Horwitz
Journal of Catholic Legal Studies
(Excerpt)
The pleasures of reading Steven D. Smith’s writing are varied and immense. That certainly holds true for his substantial new book, Pagans and Christians in the City. As with so much of his work, Smith’s argument is presented simply and calmly, and with such mild wit and irony as to be seductive. Yet there is no question that in this book as elsewhere, Smith is unafraid of, and even courts, disagreement and controversy. With a book as seemingly panoptic as this, the real challenge is deciding which part of the book to push and poke at.
The Weaponization Of The “Alien Harboring” Statute In A New-Era Of Racial Animus Towards Immigrants, Hannah Hamley
The Weaponization Of The “Alien Harboring” Statute In A New-Era Of Racial Animus Towards Immigrants, Hannah Hamley
Seattle University Law Review
Federal law 8 U.S.C. § 1324(a)(1)(A)(iii), commonly referred to as the “Alien Harboring” statute, was passed sixty-eight years ago and has been used as a weapon against immigrants and their allies. Spanning back decades, numerous scholars, alarmed by the dangerous use of the statute, have written about its muddled congressional intent and the unclear definition of “harboring.” These issues continue to be relevant and are foundational concerns with the enforcement of the harboring statute. However, in the era of President Donald J. Trump, we are faced with a new danger. We are confronted with an Administration that is ferociously anti-immigrant …
Enough Is As Good As A Feast, Noah C. Chauvin
Enough Is As Good As A Feast, Noah C. Chauvin
Seattle University Law Review
Ipse Dixit, the podcast on legal scholarship, provides a valuable service to the legal community and particularly to the legal academy. The podcast’s hosts skillfully interview guests about their legal and law-related scholarship, helping those guests communicate their ideas clearly and concisely. In this review essay, I argue that Ipse Dixit has made a major contribution to legal scholarship by demonstrating in its interview episodes that law review articles are neither the only nor the best way of communicating scholarly ideas. This contribution should be considered “scholarship,” because one of the primary goals of scholarship is to communicate new ideas.
Government Tweets, Government Speech: The First Amendment Implications Of Government Trolling, Douglas B. Mckechnie
Government Tweets, Government Speech: The First Amendment Implications Of Government Trolling, Douglas B. Mckechnie
Seattle University Law Review
President Trump has been accused of using @realDonaldTrump to troll his critics. While the President’s tweets are often attributed to his personal views, they raise important Constitutional questions. This article posits that @realDonaldTrump tweets are government speech and, where they troll government critics, they violate the Free Speech Clause. I begin the article with an exploration of President Trump’s use of @realDonaldTrump from his time as a private citizen to President. The article then chronicles the development of the government speech doctrine and the Supreme Court’s factors that differentiate private speech from government speech. I argue that, based on the …