Law Commons^™

Your Bank May Be An International Terrorist: The Inconsistent Application Of Tort Law Principles To Financial Services Under The Anti-Terrorism Act, Elizabeth Walsh Pittman

The International Lawyer

No abstract provided.

The Rise Of Risk In International Law, Stephen Townley

Chicago Journal of International Law

Risk analysis—a coping mechanism for the uncertainties we see everywhere around us—is on the rise, including at the international level. It now informs, for instance, the work of the Security Council and human rights law and practice. While the story of how risk analysis has inflected international environmental law is frequently told, there has been little attention paid to the way in which risk is increasingly relevant to other areas of international law, including through “due diligence” standards. This Article fills this gap, describing risk’s propagation across different international legal fields. It also offers a taxonomy of the ways in …

The Future Legal Management Of Mass Migration, Jack I. Garvey

The International Lawyer

No abstract provided.

The Oecd/G20-Beps-Project And The Value Creation Paradigm: Economic Reality Disemboguing Into The Interpretation Of The Arm's Length Standard, Stanley Langbein, Max R. Fuss

The International Lawyer

No abstract provided.

Aretha Franklin Was Right: Respect, We Need It, Sophia Franzak

University of Baltimore Journal of International Law

No abstract provided.

Enforcing A Prohibition On International Espionage, Jared Beim

Chicago Journal of International Law

Peacetime espionage is an incredibly important and common occurrence in modern international relations, yet its legal status is far from clear. This Comment explores the practice’s legal background, as well as the arguments for and against its legality. While there can be many benefits to peacetime espionage, and while few countries have “clean hands,” it seems unworkable to overcome the presupposition that most espionage is an “intervention” as defined by the ICJ in Nicaragua v. U.S., even if the prohibition on espionage is often unenforced. With the conclusion that most peacetime espionage is likely illegal under international law, this Comment …

Rehabilitation In Article 14 Of The Convention Against Torture And Other Cruel, Inhuman, Or Degrading Treatment Or Punishment, Nora Sveaass, Felice Gaer, Claudio Grossman

The International Lawyer

No abstract provided.

Reconceptualizing International Investment Law From The Global South" By Fabio Morosini And Michelle Ratton Sanchez Badin, Han-Wei Liu

Research Collection Yong Pung How School Of Law

This volume, edited by Fabio Morosini and Michelle Ratton Sanchez Badin, the leading legal academics from Brazil, features nine chapters written by highly regarded scholars in the area of international economic law. This book distinguishes itself from the existing scholarship in several important ways.

Logics Of Freedom: Debating Religious Freedom Laws And Gay And Lesbian Rights, Emily Kazyak, Kelsy Burke, Mathew Stange

Department of Sociology: Faculty Publications

In the wake of marriage equality for same-sex couples, many states have introduced and passed laws that provide religious exemptions for certain services and benefits for LGBTQ (lesbian, gay, bisexual, transgender, and queer) persons. The authors use data from a general population survey of Nebraskans as a mixed-methods case study to examine public opinion of religious freedom laws. Drawing on data from both closed-ended (n = 1,117) and openended (n = 838) questions, the authors show that opposition to religious freedom laws is quite high, as 64 percent of respondents report that they oppose laws that would allow business owners …

When Free Speech Disrupts Diversity Initiatives: What We Value And What We Do Not, Reshmi Dutt-Ballerstadt

Faculty Publications

In this essay, I argue that the debate on free speech as pushed by the conservative right is a strategic apparatus to undermine the various diversity initiatives on college and university campuses. While supporters of the right wing extremists around the globe have pushed for various modes of exclusions (social, racial, ethnic, cultural, religious and sexual), here in the United States, such exclusions are most evident in the collapse of academic freedom and the rise of civility codes as students and educators use the platform of free speech to promote various forms of injustices and exclusions. Our neoliberal college and …

Targeting Of Persons: The Contemporary Challenges, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Do Heads Roll? An Empirical Analysis Of Ceo Turnover And Pay When The Corporation Is Federally Prosecuted, Brandon L. Garrett, Nan Li, Shrivaram Rajgopal

Faculty Scholarship

Does the criminal prosecution of a corporation affect the CEO? Or do criminal actions directed at the organization itself pose few consequences for the individuals at the top, and the CEO in particular? While CEOs are rarely themselves prosecuted, organizations could discipline CEOs through paycuts or outright replacing the CEO in response to a criminal prosecution. We sought to examine whether and how that occurs. We focus our analysis on a dataset of public companies that settled criminal cases brought by federal prosecutors from 2000-2014. We compared those companies to the larger set of companies in the Execucomp database of …

When Deciding Whether To Allow A Taking Of Property We Need To Ask What We Want Property Rights To Do, Douglas C. Harris

All Faculty Publications

In recognition of the dangers inherent to a regime that enables a majority of owners to terminate the individual property interests of a dissenting minority, the Strata Property Act requires that strata corporations secure court confirmation of dissolution votes. Not surprisingly, the shift to a lower dissolution threshold, the rapidly rising land values in British Columbia’s urban centres, and the increased costs of maintaining aging buildings, have precipitated a growing number of dissolution votes and a steady flow of applications to the British Columbia Supreme Court (BCSC) to confirm the votes.

A Bridge Over Troubled Waters - Resolving Bank Financial Distress In Canada, Janis P. Sarra

All Faculty Publications

Effective June 2017, Canada formalized its new resolution regime for “domestic systemically important banks”. This article examines the new resolution regime in the context of the early intervention program by the financial services regulator. The system offers a complex but integrated set of mechanisms to monitor the financial health of financial institutions, to intervene at an early stage of financial distress, and to resolve the financially distressed bank in a timely manner. Resolution is the restructuring of a financially distressed or insolvent bank by a designated authority. To “resolve” a bank is to use a series of tools under banking …

Recognizing The Relevance Of Human Rights: The Application Of The Presumption Of Conformity In The Context Of Copyright, Graham Reynolds

All Faculty Publications

This article discusses the application of the presumption of conformity with international law in the context of copyright. Although Canadian courts have applied the presumption of conformity in a number of copyright cases, no Canadian court has explicitly considered, under the presumption of conformity, whether interpretations of provisions of the Copyright Act are consistent with, or reflect the values and principles of, international human rights treaties that Canada has signed and ratified. In this article, I will argue that Canadian courts applying the presumption of conformity in the context of copyright should do so with reference to Canada’s obligations under …

The Past, Present, And Future Of Law Reform In Canada, Marcus Moore

All Faculty Publications

The story of institutional law reform in Canada has been described by one veteran as ‘somewhat troubling.’ It is a story not without significant successes: In Québec civil law, the codifications were remarkable achievements which realised sweeping and highly-esteemed reforms. Among Canadian common law provinces, Ontario founded the Commonwealth’s first law reform commission in 1964, and as early as 1967 Alberta innovated the now internationally-influential joint venture design of its commission. Further, Canada’s original national commission was notable for its ambitious pursuit of social issues, and the second national commission challenged conventional legal paradigms at unparalleled depth. Across the country, …

Vulnerability, Canadian Disaster Law And The Beast, Jocelyn Stacey

All Faculty Publications

This article is the first step in a major research project on Canadian disaster law. As such, the article's first objective is to map the terrain of the law in Canada that governs disasters. To provide context for this exercise in mapping, the article focuses on the circumstances surrounding the 2016 Fort McMurray wildfire ('the Beast'). Focusing on the 'the Beast' also gives rise to the article's second objective: a critical examination of the ways in which Canadian disaster law fails to reflect foundational social science research on disaster harm. The article argues that the current framework of Canadian law …

Une Juge En Chef Pour Le Canada: Beverley Mclachlin Et La Justice En Tête, Marcus Moore

All Faculty Publications

Rédiger l’introduction d’un ouvrage sur une personne dont la présentation n’est plus à faire pose un certain dilemme. Dans l’univers du droit, Beverley McLachlin est considérée comme une légende vivante. Au sein des milieux juridiques particuliers du monde entier, la juge en chef du Canada, qui a récemment pris sa retraite, jouit d’une réputation inégalée. L’estime qu’elle y a gagnée vaut sa renommée. À plusieurs égards, sa carrière judiciaire n’a pas d’équivalent dans l’histoire du Canada. Ce ne serait pas lui rendre justice que de tenter, dans une brève introduction, d’en faire la synthèse ou, à plus forte raison, d’en …

Greeted With A Shrug: The Impact Of The Community Design System On United States Law, Stacey Dogan

Faculty Scholarship

In an era of increased harmonization of intellectual property laws worldwide, the United States’ treatment of product design looks like an anomaly. Since the European Community Design System went into effect in 2002, advocates in the US have urged Congress to follow suit and adopt sui generis design protection, particularly for fashion. The US Congress, however, has resisted the call and left design protection to the existing standards of trademark, copyright and design patent law.

This Chapter explores some of the reasons that the Community Design System has had so little purchase in US debates over design. The rejection of …

Can Rationing Through Inconvenience Be Ethical?, Nir Eyal, Paul Romain, Christopher Robertson

Faculty Scholarship

In this article, we provide a comprehensive analysis and a normative assessment of rationing through inconvenience as a form of rationing. By “rationing through inconvenience” in the health sphere, we refer to a non-financial burden (the inconvenience) that is either intended to cause or has the effect of causing patients or clinicians to choose an option for health‐related consumption that is preferred by the health system for its fairness, efficiency, or other distributive desiderata beyond assisting the immediate patient. We argue that under certain conditions, rationing through inconvenience may turn out to serve as a legitimate and, compared to direct …

Using The Public Nuisance Doctrine To Combat Antibiotic Resistance, Amanda Purcell

American University Law Review

No abstract provided.

Not De Minimis: (Improper) Appropriation In Copyright, Oren Bracha

American University Law Review

No abstract provided.

Reform Of Section 355, Bret Wells

American University Law Review

No abstract provided.

The Political Question Doctrines, John Harrison

American University Law Review

No abstract provided.

Construction Of A Terrorist Under The Material Support Statute, 18 U.S.C § 2339b, Jordan E. Helton

American University Law Review

No abstract provided.

Improving Regulatory Analysis At Independent Agencies, Cary Coglianese

American University Law Review

No abstract provided.

De Facto Parent And Non Parent Child Support Orders, Jeffrey A. Parness, Matthew Timko

American University Law Review

No abstract provided.

Makeup Dupes And Fair Use, Samantha Primeaux

American University Law Review

No abstract provided.

Data Localization The Unintended Consequences Of Privacy Litigation, H Jacqueline Brehmer

American University Law Review

No abstract provided.

A Half-Century Of Scholarship On The Chinese Intellectual Property System, Peter K. Yu

American University Law Review

No abstract provided.