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Articles 61 - 70 of 70
Full-Text Articles in Law
Tangible Cash For An Intangible Loss? Insurance Coverage For Damage Or Loss Or Third-Party Data, Kendall Bodden
Tangible Cash For An Intangible Loss? Insurance Coverage For Damage Or Loss Or Third-Party Data, Kendall Bodden
Washington Journal of Law, Technology & Arts
Will general business insurance cover liability for electronic data loss? A recent change to Commercial General Liability language specifies that data is not “tangible property” for CGL coverage. However, many companies may still be covered by older policies that do not contain this express exclusion. Case law interpreting the older policy language tends to deny coverage for the lost data itself, but successful claims have been made based on the loss of use of hardware caused by a data loss.
Caught Between A Rock And A Soft Place: Regulating Legal Ethics To Police Corporate Governance In The United States And Hong Kong, Susan E. Carroll
Caught Between A Rock And A Soft Place: Regulating Legal Ethics To Police Corporate Governance In The United States And Hong Kong, Susan E. Carroll
Washington International Law Journal
Both the United States and Hong Kong have suffered through corporate governance scandals in recent years. The two nations have tried different methods of regulating legal ethics in order to curtail future corporate governance scandals. The United States, via the Sarbanes-Oxley Act of 2002, empowered the Securities and Exchange Commission ("SEC") to dictate disclosure requirements to U.S. lawyers who represent listed corporations. This mandate creates conflicts between lawyers' duty to keep clients' secrets and their duty to disclose client information for the protection of public interests. Hong Kong took a completely different approach. The Hong Kong Stock Exchange negotiated the …
The Heart Of Fiji's Land Tenure Conflict: The Law Of Tradition And Vakavanua, The Customary "Way Of The Land", John Crosetto
The Heart Of Fiji's Land Tenure Conflict: The Law Of Tradition And Vakavanua, The Customary "Way Of The Land", John Crosetto
Washington International Law Journal
In an effort to ease racial tension and the resulting political unrest, recent law reform in Fiji has focused on land tenure. Political coups in the wake of expiring agricultural leases demonstrate that the current tenure system fails to provide the security and predictability demanded by both Fijian owners and Indian tenants. Current law reform theory advocates adapting the rule of law to the local context to promote human rights and self-determination. A problem lies, however, in identifying the institutions and interests that define Fiji's local context. In addition to the country's divided ethnic population, Fiji's "tradition" is largely defined …
Online Music Piracy: Can American Solutions Be Exported To The People's Republic Of China To Protect American Music?, Jolene Lau Marshall
Online Music Piracy: Can American Solutions Be Exported To The People's Republic Of China To Protect American Music?, Jolene Lau Marshall
Washington International Law Journal
Online music piracy is a major problem in the United States and a growing problem in the People's Republic of China ("PRC"). Despite awareness of the roots of the problem, the responses of the American government and recording industry have enjoyed only mixed success. The most effective ways of combating online music piracy have been the legal pursuit of individual copyright infringers and the emergence of fee-based download services. In light of the differences in social background, laws, enforcement structure, and cultural beliefs between the United States and the PRC, simply transplanting American responses to online music piracy to the …
Mapping The Law Of Legalizing Maps: The Implications Of The Emerging Rule On Map Evidence In International Law, Hyung K. Lee
Mapping The Law Of Legalizing Maps: The Implications Of The Emerging Rule On Map Evidence In International Law, Hyung K. Lee
Washington International Law Journal
Parties to boundary and territory disputes often rely on maps favorable to their claims. Traditional international law, however, restricts the evidentiary value of maps so that they provide only collateral, rather than probative evidence of title. Although international tribunals have not yet abrogated the traditional rule on map evidence, their recent decisions show willingness to depart from it in certain circumstances. The emerging new rule on map evidence poses intriguing theoretical as well as practical questions. This Comment analyzes several decisions of the International Court of Justice and the Permanent Court of Arbitration to reveal the evolution in the status …
The Private Sector Amendment To Australia's Privacy Act: A First Step On The Road To Privacy, Alexandra T. Mckay
The Private Sector Amendment To Australia's Privacy Act: A First Step On The Road To Privacy, Alexandra T. Mckay
Washington International Law Journal
Global and national transfers of personal information and data protection laws meant to regulate such transfers will have a significant impact on the growing Internet. Yet vastly different philosophies on how to protect individuals' personal information from theft or misuse by the private sector have led to very different regulatory models throughout the world. In the industrialized world, the European Union's approach, a universally applicable, comprehensive data protection law, occupies one end of the regulatory spectrum, while a self-regulatory scheme like the United States' stakes out the other end. Australia's Private Sector Privacy Act Amendment ("2000 Amendment") lies somewhere in …
The Vietnamese Judiciary: The Politics Of Appointment And Promotion, Penelope (Pip) Nicholson, Nguyen Hung Quang
The Vietnamese Judiciary: The Politics Of Appointment And Promotion, Penelope (Pip) Nicholson, Nguyen Hung Quang
Washington International Law Journal
This Article contends that while the Vietnamese judiciary and court system have been the subject of not insignificant reforms over the last two years, they remain political institutions. More particularly, our analysis of the manner and criteria for the appointment and dismissal of judicial officers characterizes these officers as having to act within the auspices of the Communist Party of Vietnam, despite reforms having been introduced that cast the courts as more independent.
Letting Bayous Be Bygones: Should Louisiana Be Allowed To Mandate Use Of The Pre-Socialist Vietnam Flag?, Nami Kim
Washington International Law Journal
The State of Louisiana recently enacted S.B. 839, a state law that mandates the use of the flag of the former Democratic Republic of Vietnam at all state-sponsored public functions and public schools where Vietnam is to be represented. S.B. 839 has added further tension to the relationship between Vietnam and the United States, which is already strained by the unresolved issue of American prisoners of war ("POWs"), those missing in action ("MIA") in Vietnam, and the recent opening of Vietnam's economy to the rest of the world. Although fifty-nine cities and three other states in the United States have …
Treading Deep Waters: Substantive Law Issues In Tuvalu's Threat To Sue The United States In The International Court Of Justice, Rebecca Elizabeth Jacobs
Treading Deep Waters: Substantive Law Issues In Tuvalu's Threat To Sue The United States In The International Court Of Justice, Rebecca Elizabeth Jacobs
Washington International Law Journal
In 2002, in response to the United States' refusal to ratify the Kyoto Protocol, the Pacific island nation of Tuvalu, vulnerable to submersion due to the rising sea level, threatened to bring a lawsuit against the United States in the International Court of Justice for damages to its island. Outside of various jurisdictional issues that may preempt the suit, Tuvalu's suit will likely have a number of substantive law problems. Tuvalu must show not only that the United States is unlawfully causing the island damage, but also that it has a right to future damages that have yet to occur. …
Aboriginal Title And Extinguishment Not So "Clear And Plain": A Comparison Of The Current Maori And Haida Experiences, Jacqueline F. Pruner
Aboriginal Title And Extinguishment Not So "Clear And Plain": A Comparison Of The Current Maori And Haida Experiences, Jacqueline F. Pruner
Washington International Law Journal
As the end of the United Nations General Assembly's International Decade of the World's Indigenous Peoples (1995-2004) approaches, indigenous peoples worldwide are proactively seeking an unprecedented reclamation of aboriginal rights lost since European colonization. One of the most all-encompassing rights that is asserted by indigenous peoples is the right of "indigenous title," a legal term of art that is both difficult to define and challenging to recognize. Notwithstanding domestic opposition from their respective provincial or national legislatures, both the Haida of Canada and the Maori of New Zealand are currently pursuing recognition of this indigenous right through their respective judiciaries. …