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Articles 1441 - 1470 of 9084
Full-Text Articles in Law
What Didn't Happen: An Essay In Speculation, Peter Jaszi
What Didn't Happen: An Essay In Speculation, Peter Jaszi
Scholarly Articles in Law Reviews & Journals
Most of us held off celebrating the beginning of a renewed slow trickle of works into copyright's public domain until the first seconds of New Year's Day, 2019, but (if it hadn't been so early in the day), we would have been entitled to raise a glass at 4:04 PM on the preceding December 27th, when the last substantive business undertaken in 2018 by either house of Congress was concluded in the Senate. (Like the House, which wrapped up its business at 4:02, the World's Greatest Deliberative Body had convened that day at 4:00.) At that moment, a last-minute push …
Promise Amid Peril: Prea's Efforts To Regulate An End To Prison Rape, Brenda V. Smith
Promise Amid Peril: Prea's Efforts To Regulate An End To Prison Rape, Brenda V. Smith
Scholarly Articles in Law Reviews & Journals
This Article discusses the modest aspirations of the Prison Rape Elimination Act (“PREA”) that passed unanimously in the United States Congress in 2003. The Article posits that PREA created opportunities for holding correctional authorities accountable by creating a baseline for safety and setting more transparent expectations for agencies’ practices for protecting prisoners from sexual abuse. Additionally, the Article posits that PREA enhanced the evolving standards of decency for the Eighth Amendment and articulated clear expectations of correctional authorities to provide sexual safety for people in custody.
The Protection Of Unaccompanied Migrant Minors Under International Human Rights Law: Revisiting Old Concepts And Confronting New Challenges In Modern Migrant Flows, Eirini Papoutsi
American University International Law Review
No abstract provided.
Has President Trump Committed A War Crime By Pardoning War Criminals?, Stuart Ford
Has President Trump Committed A War Crime By Pardoning War Criminals?, Stuart Ford
American University International Law Review
No abstract provided.
The Cost Of Ensuring Privacy: How The General Data Protection Regulation Acts As A Barrier To Trade In Violation Of Articles Xvi And Xvii Of The General Agreement On Trade In Services, Elisabeth Meddin
American University International Law Review
No abstract provided.
International Financial Institutions And Their Human Rights Silent Agenda: A Forward-Looking View On The “Protect, Respect And Remedy” Model In Development Finance, Antonio Morelli
American University International Law Review
No abstract provided.
Raising The Stakes: The Battle Between The First Amendment And Athlete's Publicity Rights In The Wake Of Murphy V. Ncaa, Alexis Nicole Lilly
Raising The Stakes: The Battle Between The First Amendment And Athlete's Publicity Rights In The Wake Of Murphy V. Ncaa, Alexis Nicole Lilly
American University Business Law Review
No abstract provided.
Authorization Of Discovery In International Commercial Arbitration: Demystifying The Sixth Circuit’S Statutory Construction Of 28 U.S.C. § 1782(A), Jason Arendt
American University Business Law Review
No abstract provided.
The Modernization Of Government Contract Appeals And The Federal Circuit, Jeri Kaylene Somers
The Modernization Of Government Contract Appeals And The Federal Circuit, Jeri Kaylene Somers
American University Law Review
No abstract provided.
Review Of Recent Veterans Law Decisions Of The Federal Circuit, Angela K. Drake, Yelena Duterte, Stacey-Rae Simcox
Review Of Recent Veterans Law Decisions Of The Federal Circuit, Angela K. Drake, Yelena Duterte, Stacey-Rae Simcox
American University Law Review
The last in-depth review of veterans law cases decided by the Federal Circuit was published by the American University Law Review in 2015. Since that time, the Federal Circuit has substantially changed procedural rules applicable to veterans cases, including authorizing the use of the class action device and clarifying the correct standard to use when challenging agency delay and inaction. In an important case with wide application to administrative law generally, the Federal Circuit addressed the issue of proper deference for agency regulations and policies. The Supreme Court granted certiorari in Kisor v. Wilkie and reaffirmed principles articulated in Auer …
The Loch Ness Monster, Haggis, And A Lower Voting Age: What America Can Learn From Scotland, Joshua A. Douglas
The Loch Ness Monster, Haggis, And A Lower Voting Age: What America Can Learn From Scotland, Joshua A. Douglas
American University Law Review
No abstract provided.
The Decade Of Democracy's Demise, James Sample
The Decade Of Democracy's Demise, James Sample
American University Law Review
No abstract provided.
Antitrust Regulation And The Federal-State Balance: Restoring The Original Design, Alan J. Meese
Antitrust Regulation And The Federal-State Balance: Restoring The Original Design, Alan J. Meese
American University Law Review
The U.S. Constitution divides authority over commerce between states and the national government. Passed in 1890, the Sherman Act (“the Act”) reflects this allocation of power, reaching only those harmful agreements that are “in restraint of . . . commerce among the several States.” This Article contends that the Supreme Court erred when it radically altered the balance between state and national power over trade restraints in 1948, abruptly abandoning decades of precedent recognizing exclusive state authority over most intrastate restraints. This revised construction of the Act contravened the statute’s apparent meaning, unduly expanded the reach of federal antitrust regulation, …
Harassment, Workplace Culture, And The Power And Limits Of Law, Suzanne B. Goldberg
Harassment, Workplace Culture, And The Power And Limits Of Law, Suzanne B. Goldberg
American University Law Review
This article asks why it remains so difficult for employers to prevent and respond effectively to harassment, especially sexual harassment, and identifies promising points for legal intervention. It is sobering to consider social-science evidence of the myriad barriers to reporting sexual harassment—from the individual-level and interpersonal to those rooted in society at large. Most of these are out of reach for an employer but workplace culture stands out as a significant arena where employers have influence on whether harassment and other discriminatory behaviors are likely to thrive. Yet employers typically make choices in this area with attention to legal accountability …
Rehabilitating Our Immigration System With The Rehabilitation Act: Rejecting Video Teleconferencing And Presumptively Requiring In-Person Court Appearances As A Reasonable Accommodation For Mentally Incompetent Detainees, Cassandra H. Chee
American University Law Review
In recent years, the Executive Office for Immigration Review (EOIR), the office of the U.S. Department of Justice (DOJ) responsible for adjudicating immigration cases, has increasingly relied on the use of video teleconferencing (VTC) in immigration court proceedings, as opposed to in-person court appearances. Citing VTC as an efficient and effective way to conduct hearings and manage its large docket backlog, EOIR has installed VTC units at its headquarters and at nearly all immigration courts, and the agency’s use of VTC has risen exponentially under the Trump Administration. Yet, VTC has been proven to harm immigration judges’ abilities to assess …
Illiberalism And Authoritarianism In The American States, James A. Gardner
Illiberalism And Authoritarianism In The American States, James A. Gardner
American University Law Review
Federalism contemplates subnational variation, but in the United States, the nature and significance of that variation has long been contested. In light of the recent turn, globally and nationally, toward authoritarianism, and the concurrent sharp decline in public support not merely for democracy but also for the philosophical liberalism on which democracy rests, it is necessary to discard or to substantially revise prior accounts of the nature of state-to-state variation in the United States. All such accounts implicitly presuppose a common commitment, across the political spectrum, to the core tenets of democratic liberalism, and consequently assume that subnational variations in …
Henry Schein V. Archver & White: A Lesson In The Importance Of Carefully Drafting An Arbitration Clause, Charles B. Rosenberg
Henry Schein V. Archver & White: A Lesson In The Importance Of Carefully Drafting An Arbitration Clause, Charles B. Rosenberg
American University Business Law Review
No abstract provided.
Panel Iii: New Parties In Arbitration, American University Business Law Review
Panel Iii: New Parties In Arbitration, American University Business Law Review
American University Business Law Review
No abstract provided.
Prosecuting Foreign Bribery In National Projects: A Multi-Phased Approach To Reduce Corruption, Julia E. Johnson
Prosecuting Foreign Bribery In National Projects: A Multi-Phased Approach To Reduce Corruption, Julia E. Johnson
American University Business Law Review
The gradual establishment of an international mechanism to review and prosecute allegations of corruption could help to deter fraudulent conduct. Fraudulent conduct often reduces the economic benefits associated with large-scale development or investment projects. These projects are generally awarded through contract bidding; the bidding outcome may be dictated by bribery and other corrupt behaviors by local officials overseeing the project. The money earmarked for the project may in turn be siphoned off to the bribe recipients for private gain, leaving citizens unable to appreciate the fruits of any such project. For this reason, reducing corruption should remain a key priority. …
Monetary Consequences Of Environmental Regulations: Costs Of Doing Business Or Non-Deductible Penalties Or Fines?, Daniel P. Fernandez, Alex R. Figares, H. Cecil
Monetary Consequences Of Environmental Regulations: Costs Of Doing Business Or Non-Deductible Penalties Or Fines?, Daniel P. Fernandez, Alex R. Figares, H. Cecil
American University Business Law Review
No abstract provided.
Long Live The Golden Summer: Arbitration, Courts, & Colas, L. Yves Fortier
Long Live The Golden Summer: Arbitration, Courts, & Colas, L. Yves Fortier
American University Business Law Review
No abstract provided.
Why Choose Ltas? An Empirical Study Of Ohio Manufacturers’ Contractual Choices Through A Bargaining Lens, Juliet P. Kostritsky, Jessica Ice
Why Choose Ltas? An Empirical Study Of Ohio Manufacturers’ Contractual Choices Through A Bargaining Lens, Juliet P. Kostritsky, Jessica Ice
American University Business Law Review
This Article contributes to recent scholarship regarding Long Term Agreements (“LTAs”) by providing empirical evidence that suppliers are more likely to undertake the costs of an LTA if the transaction requires significant capital expenditures or the potential for large sunk costs. Through a survey of a random group of sixty-three Ohio manufacturers, the Article explores why manufacturers with a full range of contractual and non-contractual solutions might choose one set of arrangements over others.1 It then seeks to link its findings to a broader theory of how parties bargain to solve durable problems under conditions of uncertainty, sunk costs, and …
Doubling Down On A Billion Dollar Blind Spot: Women Business Owners And Tax Reform, Caroline Bruckner
Doubling Down On A Billion Dollar Blind Spot: Women Business Owners And Tax Reform, Caroline Bruckner
American University Business Law Review
No abstract provided.
The Twentieth Century Cowboy: Law's Light Touch, Henry H. Perritt Jr.
The Twentieth Century Cowboy: Law's Light Touch, Henry H. Perritt Jr.
American University Business Law Review
No abstract provided.
Resolving The Crowdfunding Conundrum: The Experience Of The United States And Spain, Rafael A. Porrata-Doria Jr.
Resolving The Crowdfunding Conundrum: The Experience Of The United States And Spain, Rafael A. Porrata-Doria Jr.
American University Business Law Review
The phenomenon known as crowdfunding has become an attractive alternative for businesses looking for investors without having to go through more well-established routes or without necessarily having to lure and impress professional investors. However, this new form of raising capital creates a series of issues and problems unique to crowdfunding, which has led to a struggle amongst governments to effectively regulate this new entrepreneurial opportunity. The crowdfunding conundrum government regulators are facing causes them to have to reconcile two contradictory missions: facilitating the acquisition of capital by businesses and protecting investors (and the market) from fraud and manipulation. This Article …
The Tokyo Tribunal’S Legal Origins And Contributions To International Jurisprudence As Illustrated By Its Treatment Of Sexual Violence, Diane Orentlicher
The Tokyo Tribunal’S Legal Origins And Contributions To International Jurisprudence As Illustrated By Its Treatment Of Sexual Violence, Diane Orentlicher
Contributions to Books
No abstract provided.
Erasing Race, Llezlie Green
Erasing Race, Llezlie Green
Scholarly Articles in Law Reviews & Journals
Low-wage workers frequently experience exploitation, including wage theft, at the intersection of their racial identities and their economic vulnerabilities. Scholars, however, rarely consider the role of wage and hwur exploitation in broader racial subordination frameworks. This Essay considers the narratives that have informed the detachment of racial justice from the worker exploitation narrative and the distancing of economic justice from the civil rights narrative. It then contends that social movements, like the Fight for $15, can disrupt narrow understandings of low-wage worker exploitation and proffer more nuanced narratives that connect race, economic justice, and civil rights to a broader antisubordination …
Wipo Conversation On Intellectual Property (Ip) And Artificial Intelligence (Ai), Sean Flynn
Wipo Conversation On Intellectual Property (Ip) And Artificial Intelligence (Ai), Sean Flynn
Working Papers
No abstract provided.
Implementing User Rights For Research In The Field Of Artificial Intelligence: A Call For International Action, Sean Flynn, Christophe Geiger, João Pedro Quintais, Thomas Margoni, Matthew Sag, Lucie Guibault, Michael W. Carroll
Implementing User Rights For Research In The Field Of Artificial Intelligence: A Call For International Action, Sean Flynn, Christophe Geiger, João Pedro Quintais, Thomas Margoni, Matthew Sag, Lucie Guibault, Michael W. Carroll
Joint PIJIP/TLS Research Paper Series
Last year, before the onset of a global pandemic highlighted the critical and urgent need for technology-enabled scientific research, the World Intellectual Property Organization (WIPO) launched an inquiry into issues at the intersection of intellectual property (IP) and artificial intelligence (AI). We contributed comments to that inquiry, with a focus on the application of copyright to the use of text and data mining (TDM) technology. This article describes some of the most salient points of our submission and concludes by stressing the need for international leadership on this important topic. WIPO could help fill the current gap on international leadership, …
Transnational Government Hacking, Jennifer C. Daskal
Transnational Government Hacking, Jennifer C. Daskal
Joint PIJIP/TLS Research Paper Series
No abstract provided.