Law Commons^™

The Push Factors That Impact Sex Trafficking In The Former Soviet Union, Liliya Kenzhebayeva

Dissertations and Theses

Sex trafficking is a global problem that has been denounced by the international community as a human rights abuse and determined to be a modern form of slavery. Through a comparative analysis of the experiences of Kazakhstan, Russia, and Ukraine as they were a part of the Soviet Union the study identifies the push factors of sex trafficking in women as forced labor with particular emphasis on the role of weak legal systems and state institutions, corruption, social and economic factors, and environmental problems that are linked to organized crime (the Russian mafia) from 2001 to 2019. The thesis supports …

Wrongful Extradition: Reforming The Committal Phase Of Canada’S Extradition Law, Robert Currie

Articles, Book Chapters, & Popular Press

There has recently been an upswing in interest around extradition in Canada, particularly in light of the high-profile and troubling case of Hassan Diab who was extradited to France on the basis of what turned out to be an ill-founded case. Diab’s case highlights some of the problems with Canada’s Extradition Act and proceedings thereunder. This paper argues that the “committal stage” of extradition proceedings, involving a judicial hearing into the basis of the requesting state’s case, is unfair and may not be compliant with the Charter and that the manner in which the Crown conducts these proceedings contributes to …

Legislative Options To Address Institutional Objections To Voluntary Assisted Dying In Australia, Ben P. White, Lindy Willmott, Eliana Close, Jocelyn Downie

Articles, Book Chapters, & Popular Press

Voluntary assisted dying is being considered by parliaments and law reform bodies across Australia. Although individual conscientious objection is routinely considered in these deliberations, an institution’s desire to object to providing voluntary assisted dying has received very little attention. After briefly considering the concept of institutional objection in voluntary assisted dying, this article examines the available (albeit limited) Australian evidence on this practice. Institutional objection is happening in Victoria (where voluntary assisted dying is lawful) and is likely to occur in other Australian states. The article proposes that regulation is needed and presents three models for parliaments and law reformers …

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Regulating Wave, Tidal And Ocean Thermal Energy, Meinhard Doelle, Theodore Nsoe Adimazoya

Articles, Book Chapters, & Popular Press

Ocean renewable energy sources hold the potential to contribute to the options of low-carbon energy sources and enhance the efforts by the global community to slow down climate change. In this Chapter, we provide a brief background on the current state of technology and development of wave, tidal and ocean thermal energy and consider their potential as forms of renewable energy as well as the potential negative environmental footprints of ocean renewable energy installation and development. Secondly, we examine the relevant international legal and policy framework governing ocean energy, highlighting in particular, the absence of a global legal instrument that …

Readability In The Canadian Tax System, Colin Jackson

Articles, Book Chapters, & Popular Press

This paper reports the results of a readability analysis of various parts of the Canadian tax system, with a particular focus on Canada’s income tax. The results indicate that Canada’s Income Tax Act is significantly more difficult to read than the taxation statutes of several comparable jurisdictions and more difficult to read than other Canadian legislation governing economic relationships. The guidance published by the Canada Revenue Agency for the use of tax professionals and the public appears more accessible. While it may be hoped that the statutory provisions that apply to low- and middle-income individuals would be more readable than …

Specialty Bar Associations And The Marketing Of Ethics: The Example Of The Academy Of Adoption Attorneys, Malinda L. Seymore

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Bringing Corporate Governance Down To Earth: From Culmination Outcomes To Comprehensive Outcomes In Shareholder And Stakeholder Capitalism, Malcolm Rogge

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Solitary Confinement As Illegitimately Proscribed And Disproportional Punishment: Another Angle From Which To Attack The Inhumane Practice, Danika J. Anderson

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Dangerous To Be Right When Established Authorities Are Wrong: A Proposal For The Protection Of America’S Migratory Birds, Dylan-Forrest F. Greene

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Reforming The Eitc And Ctc To Provide Greater Income Stability — An Alternative To Ubi, Jacqueline Heafey

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Strained Relationship Between Hair Discrimination And Title Vii Litigation And Why It Is Time To Use A Different Solution, Christine Kennedy

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Symposium Spring 2021: The Ethics Of Government Service

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Anatomy Of Government Ethics Reform: Lessons Learned, A Path Forward, Paula A. Franzese

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Unweaving Hubbard’S Web: A Review Of Alabama’S Ethics Laws, Ferris Stephens, Andrew R. D'Entremont

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Elected-Official-Affiliated Nonprofits: Closing The Public Integrity Gap, Richard Briffault

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Conscience Leave, Andrew K. Jennings

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Role Of Norms In Modern-Day Government Ethics, Veronica R. Martinez

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Quid Pro No? The Bribery Statute’S Failure To Capture The “Official Acts” Of High-Ranking Public Officials, Lauren N. Vaca

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

A New Prescription: The Case For Enterprise Liability Reform In Light Of The Opioid Epidemic, Keith Ongeri

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Thinking Like A Raven: Restoring Integrity, Stability, And Beauty To Western Ecosystems, John M. Marzluff, Matthias-Claudio Loretto, Cameron K. Ho, Georgia W. Coleman, Marco Restani

Human–Wildlife Interactions

Common ravens (Corvus corax; ravens) are generalist predators that pose a threat to several rare wildlife species in the western United States. Recent increases in raven populations, which are fueled by increased human subsidies—notably food, water, and nest sites—are concerning to those seeking to conserve rare species. Due to the challenges and inefficiencies of reducing or eliminating subsidies, managers increasingly rely on lethal removal of ravens. Over 125,000 ravens were killed by the U.S. Government from 1996 to 2019, and annual removals have increased 4-fold from the 1990s to mid-2010s. We contend that lethal removal of ravens, while capable …

Banning The Full-Face Veil: Freedom Of Religion And Non-Discrimination In The Human Rights Committee And The European Court Of Human Rights, Sarah H. Cleveland

Faculty Scholarship

What is, or should be, the relationship between claims of violations of the right to manifest one’s religion as a result of a generally applicable law or policy, and claims of indirect discrimination on grounds of religion?

The interrelationship of human rights protections is not a new question. Just as rights may conflict, rights may also overlap. The arrest of a human rights activist for expressing her views could violate both the prohibition against arbitrary detention and her freedom of expression. Excessive use of force against peaceful demonstrators could violate their rights to freedom of assembly, freedom of expression, and …

The Three Permissions: Presidential Removal And The Statutory Limits Of Agency Independence, Jane Manners, Lev Menand

Faculty Scholarship

Seven words stand between the President and the heads of over a dozen “independent agencies”: inefficiency, neglect of duty, and malfea­sance in office (INM). The President can remove the heads of these agencies for INM and only INM. But neither Congress nor the courts have defined INM and hence the extent of agency independence. Stepping into this void, some proponents of presidential power argue that INM allows the President to dismiss officials who do not follow presidential directives. Others contend that INM is unconstitutional because it prevents Presidents from fulfilling their duty to take care that the laws are faithfully …

Spoofing And Its Regulation, Merritt B. Fox, Lawrence R. Glosten, Sue S. Guan

Faculty Scholarship

Nearly a century after the United States enacted its first securities laws, urgent questions remain as to the scope of manipulation law: whether manipulation is possible in principle, and if so, how the law should respond in practice. Sharp disagreement among courts, economists, and legal scholars as to whether trading or quoting activity constitutes illegal manipulation has led to a legal framework that lacks precision and cogency. Moreover, the poorly articulated normative basis for court rulings has resulted in enforcement that is both under-inclusive and over-inclusive in ways that do a poor job of discouraging socially harmful transactions and enabling …

William P. Alford: Kindness, Integrity, And Insight, Benjamin L. Liebman

Faculty Scholarship

In the summer of 1988, travelling from Dengshikou, in the center of Beijing, to the Xiyuan Hotel, just across from the Beijing Zoo, seemed like travelling to the outer edge of Beijing. I was back in Beijing visiting my host family at the end of the summer, and they were worried about me travelling so far on my own. But I had an invitation to dinner with an American professor, and my host family reluctantly let me travel across Beijing on the electric trolley bus to attend the dinner.

Trading Pharma Goods The Wto Legal Framework, Neeraj Rajan Sabitha, Petros C. Mavroidis

Faculty Scholarship

Trading of pharma goods has attracted widespread global attention in the wake of the COVID-19 pandemic. The Agreement on Trade in Pharmaceutical Products (“Pharma Agreement”) – a sectoral agreement between a handful of WTO members – was concluded in 1994 and aimed to eliminate duties on various pharmaceutical products. Nevertheless, this is all that the Pharma Agreement does: it eliminates duties and does not touch upon the regulatory aspects relating to marketing of pharmaceutical goods. WTO members remain sovereign to decide on this score, but must observe the WTO Licensing Agreement as well as nondiscrimination. Thus, while the intensity of …

The Coming Shift In Shareholder Activism: From "Firm-Specific" To "Systematic Risk" Proxy Campaigns (And How To Enable Them), John C. Coffee Jr.

Faculty Scholarship

This article distinguishes two types of shareholder activism: (1) firm-specific activism, which has a long history and focuses on changes at a specific target company, and (2) systematic risk activism, which seeks to reduce the systematic risk in a portfolio and thereby benefit diversified investors. Typically, such a systematic risk campaign may force a portfolio company to internalize negative externalities to benefit the other companies in the portfolio (such as by reducing carbon emissions or undertaking climate risk reforms). But, systematic risk activism faces an inherent difficulty: the party that leads this campaign and invests in the target company may …

The Future Of Disclosure: Esg, Common Ownership, And Systematic Risk, John C. Coffee Jr.

Faculty Scholarship

The U.S. securities markets have recently undergone (or are undergoing) three fundamental transitions: (1) institutionalization (with the result that institutional investors now dominate both trading and stock ownership); (2) extraordinary ownership concentration (with the consequence that the three largest U.S. institutional investors now hold 20% and vote 25% of the shares in S&P 500 companies); and (3) the introduction of ESG disclosures (which process has been driven in the U.S. by pressure from large institutional investors). In light of these transitions, how should disclosure policy change? Do institutions and retail investors have the same or different disclosure needs? Why are …

Governance ≠ Leadership: What Blockchain And Ai Won't Do For Corporate Lawyers, Jeffrey M. Lipshaw

Suffolk University Law School Faculty Works

This is a contribution to the Journal of Corporation Law’s 2020 symposium on blockchain technology and corporate governance. The thesis is that blockchain technology is well suited to the monitoring function in corporate governance; that monitoring as the primary function of corporate governance is a particularly legal conception; and that the business conception of governance has far more to do with leadership, strategy, and operations. If the legal and business conceptions of governance tend to be ships passing in the night (at least in this somewhat exaggerated rendering), it is because prevailing economic and legal theoretical models have a difficult …

Extending Democracy To Corporate Governance And Beyond, Edward Rubin

Vanderbilt Law School Faculty Publications

This article proposes a different rationale for corporate democracy, one that extends more broadly to all forms of employment. It is based on an equivalence, not an analogy. The equivalence is that subordination feels essentially the same to an individual whether a public or a private entity is carrying it out. As recognized in the public arena, it undermines people’s dignity and autonomy, and at least threatens—and often produces—actual oppression. Based on this equivalence, this article proposes a different argument for corporate democracy. Proponents of democracy in the public sphere believe that the citizens of a nation should control its …