Law Commons^™

Man Arrested On Federal Charges Of Operating Spin-Off Silk Road Website, Marc H. Greenberg

Interviews

No abstract provided.

The Veterans Legal Advocacy Center, Rachel A. Van Cleave

Veterans Legal Advocacy Center

Announcement of the new Veterans Legal Advocacy Center.

Anorexia/Bulimia, Transcendence, And The Potential Impact Of Romanticized/Sexualized Death Imagery, Heather D. Schild

Center for the Study of Ethics in Society Papers

Presented November 10, 2014. Papers presented for the Center for the Study of Ethics in Society Western Michigan University

Intellectual Property Treaties And Development, Dalindyebo Shabalala, Anselm Kamperman Sanders

School of Law Faculty Publications

This work responds to the increasing need in many countries to better understand linkages between intellectual property, trade rules, and economic and social development, and to find new ways of implementing intellectual property rules and optimizing their effects. It provides a comprehensive analysis of the latest legal, economic, political and social research and advanced current thinking on the relationship between intellectual property and trade and development.

This chapter traces the link between intellectual property protection, innovation, and development trough the multilateral WTO system and bilateral trade and investment treaties. In a post-TRIPS globalized world, knowledge-intensive economies encounter increasing difficulties in …

In Re Sanders And The Resurrection Of Stanley V. Illinois, Josh Gupta-Kagan

Faculty Publications

In 1972, the Supreme Court in Stanley v. Illinois declared that parents are entitled to a hearing on their fitness before the state places their children in foster care. Somewhat oddly, Stanley went on to be cited as a leading case regarding the rights of unwed fathers to object to private adoptions favored by mothers -- an issue not present in Stanley. Odder still, most states routinely violated Stanley in child welfare cases -- the context in which the Stanley rule arose. Most states apply the "one parent doctrine," which holds that finding one parent unfit justifies taking the child …

What The Best Evidence Rule Is - And What It Isn't, Cynthia Ford

Faculty Journal Articles & Other Writings

No abstract provided.

Redeeming Bond?, Alison Lacroix

Articles

No abstract provided.

The Antitrust Analysis Of Rules And Standards For Software Platforms, David S. Evans

Coase-Sandor Working Paper Series in Law and Economics

Software platforms anchor vast global communities of users, application developers, device manufacturers, content providers, advertisers, and others. They drive innovation by enabling entrepreneurs, often anywhere in the world, to develop “applications” a

Equitable Anti-Junction Act, The, Erin Morrow Hawley

Faculty Publications

The (AIA or the Act) has never been more important. Originally enacted to expedite the collection of revenue-raising taxes, courts and scholars have for years assumed that the statute imposes a jurisdictional bar on any pre-enforcement challenge to a tax. On this interpretation, taxpayers subject to an invalid tax have two choices only: comply or pay the tax and pursue a refund. Read this way, the Act is a marked departure from the general rule that pre-enforcement challenges are permissible so long as justiciability requirements are met. And it imposes a marked burden on aggrieved taxpayers that grows all the …

Investment Arbitration Under The Spotlight - What Next For Asia, Fali Nariman

2010 Herbert Smith Freehills-SMU Arbitration Lecture Series

This lecture will provide an analysis of recent developments in investment arbitration in Asia with a particular focus on the role played by bilateral and multilateral agreements in the region. A number of countries, particularly in South-East Asia and South Asia have engaged in investment arbitration in the last couple of years. Indonesia has reportedly signaled its intention to terminate its bilateral investment treaties, following the example of several Latin American countries in recent years. Will India also act on its stated intention to whittle down arbitration protections afforded to investors under Bilateral Investment Treaties? Will other states in the …

Social Support Substitution And The Earnings Rebound: Evidence From A Regression Discontinuity In Disability Insurance Reform, Lex Borghans, Anne C. Gielen, Erzo F. P. Luttmer

Dartmouth Scholarship

We exploit a cohort discontinuity in the stringency of Dutch disability reforms to estimate the effects of decreased DI (disability insurance) generosity on behavior of existing recipients. We find evidence of social support substitution: individuals on average offset €1.00 of lost DI benefits by collecting €0.30 more from other social assistance programs, but this benefit-substitution effect declines over time. Individuals also exhibit a rebound in earnings: earnings increase by €0.62 on average per euro of lost DI benefits and this effect remains roughly constant over time. This is strong evidence of substantial remaining earnings capacity among long-term claimants of DI.

On The Road To Watershed Hustings, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a commentary, SMU Associate Professor of Law and former Nominated Member of Parliament Eugene Tan noted that with just 23 months left in the 12th Parliament's five-year term, the next polls, which will have to be held by Jan 9, 2017, promise to be the watershed general election. He also commented that it will almost certainly be a straight fight between the ruling People's Action Party and the Workers' Party, providing some indication of whether Singapore is evolving from a one-party dominant to a two-party political system.

Saving Sharks By Nudging Change, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a commentary, SMU Associate Professor of Law and an ‘I’m FINished with FINS’ campaign ambassador Eugene Tan welcomed Parliament’s passing of the Animals and Birds (Amendment) Bill. He commented that the Bill, which seeks to enhance the welfare and responsible care of animals, is important as he felt that our treatment of non-human beings, which share the same space we do, speaks equally to what we are as a society as well as our sense of well-being and responsibility to creatures unable to protect themselves. Citing the silent, unfolding phenomenon of the declining popularity of shark’s fin soup in …

Corporate Claims Against Director For Paying Bribes On Company's Behalf: Ho Kang Peng V Scintronix (Formerly Ttl Holdings), Wai Yee Wan

Research Collection Yong Pung How School Of Law

Can a company recover the value of the bribe from a director who has paid the bribe, on behalf of the company, to a third party to secure certain benefits for the company, and where it is not alleged that the director had personally benefitted from the bribe? This question raises several complex issues relating to directors’ standard of care, corporate authorisation and corporate illegality, which were considered by the recent decision of the Singapore Court of Appeal in Ho Kang Peng v Scintronix Corp (formerly known as TTL Holdings).

Nudging Users Towards Cross-Border Mediation: Is It Really About Harmonised Enforcement Regulation?, Nadja Alexander

Research Collection Yong Pung How School Of Law

In this paper the author challenges her audience to think in different ways about creating the shift needed to make cross-border mediation practice a reality rather than rhetoric. Within Asia, Hong Kong, Singapore and other centres are positioning themselves as regional leaders in cross-border mediation. Statistically though, there is not an enormous amount of cross-border mediation going on. Despite the apparent advantages of mediation and the international regulatory activity outlined above, cross-border commercial mediation practice has been slow to develop. At dispute resolution conferences and other get-togethers, mediators and other ADR advocates ask themselves, “Why”? While there is little empirical …

The Basic Structure Doctrine In Singapore: A Reply, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

While there are important principles fundamental to the Singapore Constitution, they do not form a legally unchangeable “basic structure”. Even if it were possible to identify a substantive “basic structure”, its exact content would be indeterminate and we would be left with only broad, unhelpful truisms. Instead, the true safeguards against potential undesirable constitutional amendments lie in democratic political processes.

A House Divided: When State And Lower Federal Courts Disagree On Federal Constitutional Rights, Wayne A. Logan

Scholarly Publications

Despite their many differences, Americans have long been bound by a shared sense of federal constitutional commonality. As this article demonstrates, however, federal constitutional rights do in fact often differ — even within individual states — as a result of state and lower federal court concurrent authority to interpret the Constitution and the lack of any requirement that they defer to one another’s positions. The article provides the first in-depth examination of intra-state, state-federal court conflicts on federal constitutional law and the problems that they create. Focusing on criminal procedure doctrine in particular, with its unique impact on individual liberty …

Well-Being And Public Policy, John Bronsteen, Christopher Buccafusco, Jonathan Masur

Public Law and Legal Theory Working Papers

Governments rely on certain basic economic metrics and tools to analyze prospective laws and policies and to monitor how well their countries are doing. For decades, critics of such economic measures have argued that they ignore important aspects of value

Sharing The Necessary And Proper Clause, William Baude

Public Law and Legal Theory Working Papers

Few constitutional clauses have been the focus of so many hopes and fears as the Necessary and Proper Clause. In his Foreword, Professor John Manning puts forward a powerful vision of the clause, challenging the current approach of the Supreme Court. F

The Paradoxes Of Public Philosophy, Brian Leiter

Public Law and Legal Theory Working Papers

No abstract provided.

[Dis-]Informing The People's Discretion: Judicial Deference Under The National Security Exemption Of The Freedom Of Information Act, Susan Nevelow Mart, Tom Ginsburg

Public Law and Legal Theory Working Papers

No abstract provided.

Rights Speech, Timothy Zick

Faculty Publications

Freedom of expression has a complex and dynamic relationship with a number of other constitutional rights, including abortion, the right to bear arms, equal protection, the franchise, and religious liberty. This Article discusses one aspect of that relationship. It critically analyzes the regulation of "rights speech" - communications about or concerning the recognition, scope, or exercise of constitutional rights. As illustrative examples, the Article focuses on regulation of speech about abortion and the Second Amendment right to bear arms. Governments frequently manage, structure, and limit how individuals discuss constitutional rights. For example, laws and regulations compel physicians to convey information …

Legal Issues Surrounding Christmas In Public Schools, Charles J. Russo, Ralph D. Mawdsley

Educational Leadership Faculty Publications

As the United States becomes increasingly religiously diverse, surprisingly relatively little litigation has occurred over the celebration of religious holy days and holidays in public schools. Although the Supreme Court has addressed Christmas displays on two occasions—in Lynch v. Donnelly (1984) and County of Allegheny v. American Civil Liberties Union (1989)—neither case directly concerned public schools.

The status of holiday celebrations in public schools is a key, if seasonal, issue in light of the importance of religion in the lives of many Americans, as educators seek to teach students to appreciate diversity in all of its manifestations, including religion.

Reputation And The Responsibility Of International Organizations, Kristina Daugirdas

Articles

The International Law Commission’s Draft Articles on the Responsibility of International Organizations have met a sceptical response from many states, international organizations (IOs), and academics. This article explains why those Articles can nevertheless have significant practical effect. In the course of doing so, this article fills a crucial gap in the IO literature, and provides a theoretical account of why IOs comply with international law. The IO Responsibility Articles may spur IOs and their member states to prevent violations and to address violations promptly if they do occur. The key mechanism for realizing these effects is transnational discourse among both …

Market Efficiency And The Problem Of Retail Flight, Alicia J. Davis

Articles

In 1950, 91 % of common stock in the U.S. was owned directly by individual inves­ tors. Today, that percentage stands at only 23%. The mass exodus of retail investors and their investment dollars has negative implications not only for capital formation and investor protection, but also for market efficiency. Individual investors are often assumed to be noise traders who distort stock prices and harm market functioning. Therefore, some argue that their withdrawal from the market should be of little concern; indeed, it should be celebrated. Recent empirical evidence calls this assertion of retail noise trading into doubt, and this …

The Cape Town Convention And The Law Of Outer Space: Five Scenarios, Mark J. Sundahl

Law Faculty Articles and Essays

The adoption of the Space Assets Protocol to the Cape Town Convention marked a new era in the evolution of the law of outer space by providing the first space treaty regarding private international law. This Protocol was not created in a legal vacuum, but was drafted against the background of the existing United Nations space treaties that were drafted in the 1960s and 1970s. Although the existing UN treaties address public international law and therefore cover subject matter that is quite distinct from the private law issues addressed by the Space Assets Protocol, there are still points at which …

Chinese Law Reform: Its Recent Past And Uncertain Future, Stanley B. Lubman

Hong Yen Chang Center for Chinese Legal Studies

Just as economic reforms were beginning in 19789-1979 and China’s leaders announced that China was going to create a “socialist market economy,” a prominent Chjinese economist said.

“Market economy” should be “a bird in the cage” of the socialist economy.

Today, Chinese law reform reflects a mixed picture: The cage has grown since the onset of reform, but the law is still a bird inside of it.

The Challenge Of Seeing Justice Done In Removal Proceedings, Jason A. Cade

Scholarly Works

Prosecutorial discretion is a critical part of the administration of immigration law. This Article considers the work and responsibilities of the Immigration and Customs Enforcement (ICE) trial attorneys, who thus far have not attracted significant scholarly attention, despite playing a large role in the ground-level implementation of immigration law and policy. The Article makes three main contributions. First, I consider whether ICE attorneys have a duty to help ensure that the removal system achieves justice, rather than indiscriminately seek removal in every case and by any means necessary. As I demonstrate, trial attorneys have concrete obligations derived from statutory provisions, …

The Challenge Of Seeing Justice Done In Removal Proceedings, Jason A. Cade

Scholarly Works

Prosecutorial discretion is a critical part of the administration of immigration law. This Article considers the work and responsibilities of the Immigration and Customs Enforcement (ICE) trial attorneys, who thus far have not attracted significant scholarly attention, despite playing a large role in the ground-level implementation of immigration law and policy. The Article makes three main contributions. First, I consider whether ICE attorneys have a duty to help ensure that the removal system achieves justice, rather than indiscriminately seek removal in every case and by any means necessary. As I demonstrate, trial attorneys have concrete obligations derived from statutory provisions, …

Improving Agencies’ Preemption Expertise With Chevmore Codification, Kent H. Barnett

Scholarly Works

After nearly thirty years, the judicially crafted Chevron and Skidmore judicial-review doctrines have found new life as exotic, yet familiar, legislative tools. When Chevron deference applies, courts employ two steps: they consider whether the statutory provision at issue is ambiguous, and, if so, they defer to an administering agency’s reasonable interpretation. Skidmore deference, in contrast, is a less deferential regime in which courts assume interpretative primacy over statutory ambiguities but defer to agency action based on four factors — the agency’s thoroughness, reasoning, consistency, and overall persuasiveness. In the Dodd-Frank Wall Street Reform and Consumer Protection Act, Congress directed courts …