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Articles 1 - 16 of 16

Full-Text Articles in Law

Speech Across Borders, Jennifer Daskal Jan 2019

Speech Across Borders, Jennifer Daskal

Articles in Law Reviews & Other Academic Journals

As both governments and tech companies seek to regulate speech online, these efforts raise critical, and contested, questions about how far those regulations can and should extend. Is it enough to take down or delink material in a geographically segmented way? Or can and should tech companies be ordered to takedown or delink unsavory content across their entire platforms—no matter who is posting the material or where the unwanted content is viewed? How do we deal with conflicting speech norms across borders? And how do we protect against the most censor-prone nation effectively setting global speech rules? These questions were …


Manufactured Emergencies, Robert Tsai Jan 2019

Manufactured Emergencies, Robert Tsai

Articles in Law Reviews & Other Academic Journals

Emergencies are presumed to be unusual affairs, but the United States has been in one state of emergency or another for the last forty years. That is a problem. The erosion of democratic norms has led to not simply the collapse of the traditional conceptual boundary between ordinary rule and emergency governance, but also the emergence of an even graver problem: the manufactured crisis. In an age characterized by extreme partisanship, institutional gridlock, and technological manipulation of information, it has become exceedingly easy and far more tempting for a President to invoke extraordinary power by ginning up exigencies. To reduce …


Immigration Unilateralism And American Ethnonationalism, Robert Tsai Jan 2019

Immigration Unilateralism And American Ethnonationalism, Robert Tsai

Articles in Law Reviews & Other Academic Journals

This paper arose from an invited symposium on "Democracy in America: The Promise and the Perils," held at Loyola University Chicago School of Law in Spring 2019. The essay places the Trump administration’s immigration and refugee policy in the context of a resurgent ethnonationalist movement in America as well as the constitutional politics of the past. In particular, it argues that Trumpism’s suspicion of foreigners who are Hispanic or Muslim, its move toward indefinite detention and separation of families, and its disdain for so-called “chain migration” are best understood as part of an assault on the political settlement of the …


Reining In A 'Renegade' Court: Tc Heartland And The Eastern District Of Texas, Jonas Anderson Jan 2018

Reining In A 'Renegade' Court: Tc Heartland And The Eastern District Of Texas, Jonas Anderson

Articles in Law Reviews & Other Academic Journals

In TC Heartland v. Kraft Foods Group Brands, the Supreme Court tightened the venue requirement for patent cases, making it more difficult for a plaintiff to demonstrate that a district court has venue over a defendant. Many commentators, however, view TC Heartland as merely a “reshuffling” of the district courts that receive patent cases. Whereas before the case, a large percentage of patent cases were filed in the Eastern District of Texas, now, after TC Heartland, various other U.S. district courts (principally, the District of Delaware) have experienced an increase in patent infringement filings. Some commentators are unconvinced that this …


The Progressive Prosecutor: An Imperative For Criminal Justice Reform, Angela J. Davis Jan 2018

The Progressive Prosecutor: An Imperative For Criminal Justice Reform, Angela J. Davis

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Defamation And Privacy In The Social Media Age: What Would Justice Brennan Think?, Stephen Wermiel Jan 2018

Defamation And Privacy In The Social Media Age: What Would Justice Brennan Think?, Stephen Wermiel

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Freeing The Law, Khelani Clay Jan 2017

Freeing The Law, Khelani Clay

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Coming Of Age On $2 A Day, Evicted: What Ced Has To Say To Today's Untethered Poverty, Susan Bennett Jan 2017

Coming Of Age On $2 A Day, Evicted: What Ced Has To Say To Today's Untethered Poverty, Susan Bennett

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The Diversity Challenge: Exploring The 'Invisible College' Of International Arbitration, Susan Franck Jan 2015

The Diversity Challenge: Exploring The 'Invisible College' Of International Arbitration, Susan Franck

Articles in Law Reviews & Other Academic Journals

As diversity can affect the perceived legitimacy of a state’s dispute resolution system and the quality of judicial decisions, diversity levels in the national bench and bar have been an area of transnational concern. By contrast, little is known about diversity of adjudicators and counsel in international arbitration. With a lack of accurate, complete, and publicly available data about international arbitrators and practitioners, speculation about membership in the “invisible college” of international arbitration abounds. Using data from a survey of attendees at the prestigious and elite biennial Congress of the International Council for Commercial Arbitration permitted one glimpse into the …


The Asbca's Path To The Mega Adr In Computer Sciences Corporation, Paul Williams, Reba Ann Page Jan 2013

The Asbca's Path To The Mega Adr In Computer Sciences Corporation, Paul Williams, Reba Ann Page

Articles in Law Reviews & Other Academic Journals

No abstract provided.


United Nations Collective Security And The United States Security Guarantee In An Age Of Rising Multipolarity: The Security Council As The Talking Shop Of The Nations, Kenneth Anderson Jan 2009

United Nations Collective Security And The United States Security Guarantee In An Age Of Rising Multipolarity: The Security Council As The Talking Shop Of The Nations, Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

This essay considers the respective roles of the United Nations and the United States in a world of rising multipolarity and rising new (or old) Great Powers. It asks why UN collective security as a concept persists, despite the well-known failures, both practical and theoretical, and why it remains anchored to the UN Security Council. The persistence is owed, according to the essay, to the fact of a parallel US security guarantee that offers much of the world (in descending degrees starting with NATO and close US allies such as Japan, but even extending to non-allies and even enemies who …


Paperless Litigation, Susan Bennett Jan 2008

Paperless Litigation, Susan Bennett

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Prospects For Human Rights Advocacy In The Wake Of September 11, 2001, Juan E. Mendez, Javier Mariezcurrena Jan 2004

Prospects For Human Rights Advocacy In The Wake Of September 11, 2001, Juan E. Mendez, Javier Mariezcurrena

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Human Rights Policy In The Age Of Terrorism, Juan E. Mendez Jan 2002

Human Rights Policy In The Age Of Terrorism, Juan E. Mendez

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Building The World Community: Challenges For Legal Education, Claudio Grossman Jan 2000

Building The World Community: Challenges For Legal Education, Claudio Grossman

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Fighting City Hall With The Equality Rights Provisions Of The Canadian Charter Of Rights And Freedoms, Jonathan Baker Jan 1985

Fighting City Hall With The Equality Rights Provisions Of The Canadian Charter Of Rights And Freedoms, Jonathan Baker

Articles in Law Reviews & Other Academic Journals

No abstract provided.