Law Commons^™

Executive Agreements In Japan And The United States: Their Differences And Similarities, Yuhei Matsuyama

Washington International Law Journal

The national constitutions of Japan and the United States describe which domestic branches conclude “treaties” and how they do it. In both countries, the legislative branch plays a critical role in the treaty-making process, checking and controlling the executive branch. However, both nations enter international agreements without following the procedures explicitly provided in their national constitutions. Such agreements are called “executive agreements.” In both Japan and the United States, the practice of entering executive agreements has been recognized since the adoption of the current constitutions, and the number of such agreements—in lieu of treaties—is rising. Despite contrasting government and legal …

To Catch The Cheshire Cat: Freezing Injunction Jurisdiction At The Click Of A Mouse, King Fung Tsang, Pierce Lai

Washington International Law Journal

Since its emergence in 1975, the English freezing injunction has grown to have a robust and global extraterritorial reach, but its exercise in extreme cases is jurisdictionally unsound. The “real connecting link” between assets and forum required for the grant of a worldwide freezing order in aid of foreign proceedings has become significantly looser, notably with an element of fraud acting as catalyst. This jurisdictional link is further weakened by the receding of reciprocity imperatives between the United Kingdom and member states of the European Union following Brexit. In its place is the enforcement principle, enabling a high degree of …

Should We Reform The Jury? An Australian Perspective, Keith Thompson

Washington International Law Journal

Jury trials are a necessary part of American and Australian jurisprudence. However, critics question whether both jurisdictions should consider eliminating or reforming jury trials. High-profile jury cases in Australia and the United States elicit criticism regarding the ongoing relevance of the institution. Jury trials function differently in both countries and hold different levels of public trust in the institution. Despite the criticisms of jury trials, neither country has engaged in serious conversations to abolition this ancient institution. This article discusses the trials of Lindy Chamberlain and Cardinal George Pell, placing the use of criminal jury trial in their ancient English …

Unfair Competition: Big Data And The Fight Over Data Privacy, Yekaterina Ko

Georgia Journal of International & Comparative Law

Section 5 of the Federal Trade Commission Act prohibits “unfair methods of competition in or affecting commerce.” While Congress intended Section 5 to play a vital role in the development of competition policy, courts have struggled in applying this vague and ambiguous language, resulting in case- law that lacks certainty and is inconsistently enforced. These difficulties are further highlighted in the context of unfair competition and data privacy.

Data, the currency that our digital world trades in, is largely collected by a small group of companies, Google, Meta, and Amazon. Concerns over how this data is collected and used have …

National Regulatory Framework For Autonomous Vehicles: Why The United States Must Look Abroad To Find Answers, Taylor K. Hainley

Georgia Journal of International & Comparative Law

Automation is in every aspect of our lives. Autonomous cars, or ‘self- driving cars,’ dominate today’s headlines. There is just one problem: the United States’ legislative infrastructure is not suited for these autonomous cars to become commonplace on the roads. The United States’ fractured system results in a maze of state laws that make it difficult for manufacturers to comply. Other countries, like Germany and Singapore, have enacted systems to make the testing and implementation of autonomous cars more efficient. This Note argues that the United States should follow Germany and Singapore’s models by modifying the definition of “driver” and …

Let’S Play God: Commodifying The Human Body, Larkin Carden

Georgia Journal of International & Comparative Law

The global shortage of viable organs for transplantation, exacerbated by the COVID-19 pandemic, highlights a stark contrast between organ donation systems, particularly evident in the United States and Iran. While the United States relies on an altruistic donation system, resulting in millions on its waiting list, Iran's compensation-based approach has nearly eradicated its waitlist. The legal framework of the United States, shaped by property law, historical views on the human body, and federal statutes, complicates its approach to organ donation. The reluctance to grant individual rights to body parts hampers success compared to Iran’s incentivization approach. Beyond learning from Iran’s …

Rethinking Global Distributive Justice: Legal And Economic Norms Addressing Crises Of Global Health, Hunger, And Sustainability, Dr. Benedict Sheehy J.D., Dr. Ying Chen, Dr. Juan Diaz-Granados

Georgia Journal of International & Comparative Law

The increasingly global nature of the events impacting society globally call for a reconsideration of global distributive justice. Distributive justice, a matter of domestic concern, has a long history spanning millennia. It has become a particular concern with the advent of wide-spread private property and capitalism. While a concerted focus on distributive justice commenced in the mid-twentieth century, it is urgent that global distributive justice garners increased attention due to recent events spanning the past decade along with modern political ideologies and jurisprudence.

This Article contests purist theoretical positions by taking pragmatic approaches in reviewing legal and economic governance norms. …

The Creation Of A Climate Club For A Sustainable Economic Future: The Role Of International Economic Law Amidst Geopolitical Confrontation, Dyuti Pandya Ll.M., Rafael Leal-Arcas Ph.D

Georgia Journal of International & Comparative Law

As of late July 2023, the month of July 2023 had become the hottest month ever recorded in history. Heads of the governments of small island states have been outspoken about the existential risk their countries face due to rising sea level as a consequence of climate change. Wildfires are more frequent and more negatively impactful than ever before in different parts of the world. It is no wonder that sustainability has become a buzz word in the media, and policymakers all over the world are, more than ever, focusing on trying to achieve a sustainable future.

A sustainable global …

Table Of Contents And Masthead, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.

Parasomnia Activity, Rashida Davis

Tennessee Journal of Law and Policy

No abstract provided.

The Scope Of The Economic Loss Doctrine In Tennessee, Kasey Washburn

Tennessee Journal of Law and Policy

No abstract provided.

Post-Conviction Access To A State's Forensic Dna Evidence For Probative Testing: Not A Freestanding Constitutional Right, Dorothea Thompson

Tennessee Journal of Law and Policy

No abstract provided.

Crawford Means What It Says: The Birth Of The Melendez-Diaz Objection, Danielle Greer

Tennessee Journal of Law and Policy

No abstract provided.

Intentionally Inflicted: The Baze Plurality Painfully "Executed" The Purpose Of The Eighth Amendment, Michelle Lynn Veronica Consiglio

Tennessee Journal of Law and Policy

No abstract provided.

Symposium: One Advocate's 'Junk Science' Is Another Advocate's Evidence: Forging New Paths In Forensic Science

Tennessee Journal of Law and Policy

No abstract provided.

A Short Primer On The Admissibility Of Forensic Science Evidence In Tennessee: A Checklist, Bernard A. Raum

Tennessee Journal of Law and Policy

No abstract provided.

Evolving Trends In Forensic Science, Margaret A. Berger

Tennessee Journal of Law and Policy

No abstract provided.

Contents

Tennessee Journal of Law and Policy

No abstract provided.

The Johnia Berry Act Of 2007: Dna Fingerprinting, Meredith Rambo

Tennessee Journal of Law and Policy

No abstract provided.

The Need For Prescription Drug Buy-Back Programs, Ted Goodman

Tennessee Journal of Law and Policy

No abstract provided.

In Defense Of Liberty, Bobby Lee Cook

Tennessee Journal of Law and Policy

No abstract provided.

Legitimizing Discrimination Against Trans Employees, Natalie Hrubos

Tennessee Journal of Law and Policy

No abstract provided.

More Than A Second Chance: An Alternative Employment Approach To Reduce Recidivism Among Criminal Ex-Offenders, Rose M. Burt

Tennessee Journal of Law and Policy

No abstract provided.

Contents

Tennessee Journal of Law and Policy

No abstract provided.

Front Matter

Tennessee Journal of Law and Policy

No abstract provided.

Free Tax Assistance Available At The Maurer School Of Law Through March 26, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Some Monroe County residents and Indiana University students can receive free assistance with their 2023 federal and state tax returns at the Maurer School of Law as part of the Volunteer Income Tax Assistance (VITA) program.

Tort Liability And Unawareness, Surajeet Chakravarty, David Kelsey, Joshua C. Teitelbaum

Georgetown Law Faculty Publications and Other Works

We explore the implications of unawareness for tort law. We study cases where injurers and victims initially are unaware that some acts can yield harmful consequences, or that some acts or harmful consequences are even possible, but later become aware. Following Karni and Vierø (2013), we model unawareness by Reverse Bayesianism. We compare the two basic liability rules of Anglo-American tort law, negligence and strict liability, and argue that negligence has an important advantage over strict liability in a world with unawareness—negligence, through the stipulation of due care standards, spreads awareness about the updated probability of harm.

Mmu: 02/05/24–02/11/24, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

General Announcements

Vol. 66, No. 04 (February 5, 2024)

Indiana Law Annotated

No abstract provided.

Ndls Communicator: Week Of 02.05.24, Notre Dame Law School

NDLS Communicator

The Latest News

• Last week, the International Religious Freedom Summit occurred in Washington, DC. Several ND Law faculty members participated.
• Last week, Lloyd Mayer presented a draft essay, "Nonprofit Corporations & Politics: The Entity/Coordination Tension" at The University of Chicago Business Law Review's symposium on The Corporation's Role in Politics.
• Christian Burset co-authored "Partisan Legal Traditions in the Age of Camden and Mansfield," which will be published in a forthcoming Oxford Journal of Legal Studies issue.
• Francisco Urbina published a new essay, "It Doesn't Matter What 'Interpretation' Is," based on Cass Sunstein's book.
• Avishalom Tor recently co-edited “Oxford Handbook on …