Law Commons^™

Limits Of The Rule Of Law: Negotiating Afghan "Traditional" Law In The International Civil Trials In The Czech Republic, Tomas Ledvinka, James M. Donovan

Vanderbilt Journal of Transnational Law

Drawing on ethnographic research of judicial cases in the Czech Republic which involve the law in migrants' countries of origin, this Article outlines how multiple strategies handle encounters with the legal-cultural differences of Afghanistan in order to neutralize what may be called the "alterity" of law. The Article suggests that far from being analytical tools, concepts such as "context," "culture," and "customary" are strategically used by courts to neutralize unsettling aspects of foreign Afghan legalities. Further, it applies Leopold Pospisil's ethnological concept of legal authority as a vehicle for reinterpreting the contextual differentiation of Afghan "traditional" law as an alternative …

The Status Of State And Nonstate Actors In Postwar Hostilities: Restoring The Rule Of Law To Us Targeted Killing Operations, Claire Finkelstein

Vanderbilt Journal of Transnational Law

With the killing of Iranian general Qassim Soleimani, the United States crossed a new frontier in the use of extrajudicial lethal operations outside of armed conflict. As a state actor, Soleimani once would have been entirely off-limits as a target outside the context of a formal armed conflict between the United States and Iran. The Trump administration's choice to conduct a one-off strike on a state military leader indicates that conflicts among state adversaries are increasingly fought using the hybridized tools of the war on terror. This Article will argue that the increasing use of such techniques and the perceived …

A Tribe Divided: The Threat Of The Loss Of Tribal Autonomy And Culture Facing Transnational Tribes On The Northern And Southern Borders Of The United States, Jacob Moeller

Vanderbilt Journal of Transnational Law

Indigenous peoples in the northern and southwestern regions of the United States face challenges to the preservation of their cultures, economies, governments, and family relations as a result of the international borders that have bisected their traditional lands. While there is a history of treatymaking and governmental policy attempting to address these issues, the lack of an effective solution and concrete. border policy for tribe members in these regions leaves them without recourse. Some scholars suggest universal US citizenship for tribe members, others suggest tribe-specific legislation, and some even suggest that the tribes pursue litigation against the United States to …

Breaking The Status Quo Of International Design Law: How The United States' Design Law Frustrates The Purpose Of The Hague Agreement, Nicholas P. Mack

Vanderbilt Journal of Transnational Law

This Note explores how the United States' substantive law frustrates the purpose of an international procedural agreement. The Hague Agreement Concerning the International Registration of Industrial Designs revolutionized the process of applying for industrial design protections on a global scale. The Hague Agreement's purpose is to support easily and efficiently acquired industrial design protections in contracting parties to the agreement by simplifying procedures for obtaining protection. The United States-a country without a coherent and dedicated industrial design law-joined this agreement with effect in 2015, allowing designers around the world to easily apply for industrial design protections in the United States. …

Keeping Current - Probate, Claire Hargrove, Paula Moore, William P. Lapiana, Jake W. Villanueva

Articles & Chapters

No abstract provided.

A Pioneer Of The Law & Society Movement: One Eyewitness’S Reflections, Jayanth K. Krishnan

Articles by Maurer Faculty

There is arguably no more seminal a figure in the field of law and society than Professor Marc Galanter. That a Special Issue featuring dedications to several leading academic lights would be hosted by the University of Chicago Law Review is especially significant in terms of Marc’s inclusion because Chicago is where Marc came of age as a student.

Professor Richard Abel, some years back, chronicled Marc’s educational journey in Hyde Park. As Abel tells it—and as Marc has told me over the years—after finishing his B.A. and while continuing to work on his master’s degree from Chicago, Marc enrolled …

Menstruation Discrimination And The Problem Of Shadow Precedents, Deborah Widiss

Articles by Maurer Faculty

A burgeoning menstrual justice movement calls attention to menstruation-related discrimination in workplaces, schools, prisons, and many other aspects of life. In recent years, a few courts have suggested such discrimination could violate Title VII, the federal law that prohibits sex discrimination in employment. Their analysis focuses on the Pregnancy Discrimination Act (PDA), an amendment to Title VII passed to override a Supreme Court case that had held pregnancy discrimination was not sex discrimination.

This essay, written for a symposium at Columbia Law School, applies my earlier research on the statutory interpretation of Congressional overrides to highlight two potential challenges this …

Fiduciary Duties And Corporate Climate Responsibility., Cynthia A. Williams

Articles by Maurer Faculty

I remain intrigued with the benefits as well as the costs of agency relationships and in particular the possible power of fiduciary duties to be harnessed to advance the firm's social responsibilities. That is, can internal mechanisms of the firm, the private law (from a European perspective) fiduciary duties of agents, be used to advance external public law goals? Instead of outward standards of responsibility being brought into the firm through external mechanisms (i.e., voluntary standards development and third-party assurance), could the internal standards of agents' responsibilities to the firm, their fiduciary duties, be used to extend responsible action beyond …

Team Production Revisited, William Wilson Bratton

Articles

This Article reconsiders Margaret Blair and Lynn Stout's team production model of corporate law, offering a favorable evaluation. The model explains both the legal corporate entity and corporate governance institutions in microeconomic terms as the means to the end of encouraging investment, situating corporations within markets and subject to market constraints but simultaneously insisting that productive success requires that corporations remain independent of markets. The model also integrates the inherited framework of corporate law into an economically derived model of production, constructing a microeconomic description of large enterprises firmly rooted in corporate doctrine but neither focused on nor limited by …

Making Money From Cryptocurrency? The Taxman May Call On You, Hern Kuan Liu, Vincent Ooi

Research Collection Yong Pung How School Of Law

Miners, forgers, hobbyists, traders – different rules apply. Just don’t assume crypto investment is somehow immune to taxation.

Covid-19 And Its Impact(S) On Innovation, Clark Asay, Stephanie Plamondon Bair

Utah Law Review

In previous work, we explored how certain characteristics of adversity are often more conducive to innovation than others. In this Article, prepared as part of the Lee E. Teitelbaum Utah Law Review Symposium—The Law & Ethics of Medical Research, we review some of that work and apply it specifically to the COVID-19 context. We conclude by assessing certain policy implications in light of how the COVID-19 pandemic has both spurred and hindered innovation.

Team Production Revisited, William Wilson Bratton

Articles

This Article reconsiders Margaret Blair and Lynn Stout's team production model of corporate law, offering a favorable evaluation. The model explains both the legal corporate entity and corporate governance institutions in microeconomic terms as the means to the end of encouraging investment, situating corporations within markets and subject to market constraints but simultaneously insisting that productive success requires that corporations remain independent of markets. The model also integrates the inherited framework of corporate law into an economically derived model of production, constructing a microeconomic description of large enterprises firmly rooted in corporate doctrine but neither focused on nor limited by …

Building Legal Datasets, Jerrold Soh

Research Collection Yong Pung How School Of Law

Data-centric AI calls for better, not just bigger, datasets. As data protection laws with extra-territorial reach proliferate worldwide, ensuring datasets are legal is an increasingly crucial yet overlooked component of “better”. To help dataset builders become more willing and able to navigate this complex legal space, this paper reviews key legal obligations surrounding ML datasets, examines the practical impact of data laws on ML pipelines, and offers a framework for building legal datasets.

Research Information Management In The United States: Part One, Findings And Recommendations, Rebecca Bryant, Jan Fransen, Pablo De Castro, Brenna Helmstutler, David Scherer

Copyright, Fair Use, Scholarly Communication, etc.

Research information management (RIM) is a rapidly growing area of investment in US research universities. RIM systems that support the collection and use of research outputs metadata have been in place for many years. Globally, the RIM ecosystem is quite mature in locales where national research assessment exercises like the United Kingdom’s Research Excellence Framework (REF) and the Excellence in Research for Australia (ERA) require institutions to collect and report on the outputs of institutional research. A pan-European community of practice is led by euroCRIS.

This report describes six discrete RIM use cases detailed in the companion report:

• Faculty …

To Remove Or Not To Remove - Is That The Question In 1933 Act Securities Cases?, Tanya Pierce

Faculty Scholarship

Litigants spend immense time and money fighting over procedure. That fact is especially true for procedural rules concerning where a case may be heard—which, in the context of class actions, can determine the viability of claims almost regardless of their underlying merit. The potential for class certification, which tends to be greater in state than in federal courts, can transform claims that alone are too small to even justify suing into threats so large that defendants routinely use the words “judicial blackmail” to describe them. This paper focuses on a growing conflict between federal statutory removal provisions that arises in …

Beyond Bail, Jenny E. Carroll

Faculty Scholarship

From the proliferation of community bail funds to the implementation of new risk assessment tools to the limitation and even eradication of money bail, reform movements have altered the landscape of pretrial detention. Yet little attention has been paid to the emerging reality of a post-money bail world. With monetary bail an unavailable or disfavored option, courts have come to rely increasingly on non-monetary conditions of release. These non-monetary conditions can be problematic for many of the same reasons that money bail is problematic and can inject additional bias into the pretrial system.

In theory, non-monetary conditions offer increased opportunities …

Reconsidering Section 1983'S Nonabrogation Of Sovereign Immunity, Katherine Mims Crocker

Faculty Scholarship

Motivated by civil unrest and the police conduct that prompted it, Americans have embarked on a major reexamination of how constitutional enforcement works. One important component is 42 U.S.C. § 1983, which allows civil suits against any “person” who violates federal rights. The U.S. Supreme Court has long held that “person” excludes states because Section 1983 flunks a condition of crystal clarity.

This Article reconsiders that conclusion—in legalese, Section 1983’s nonabrogation of sovereign immunity—along multiple dimensions. Beginning with a negative critique, this Article argues that because the Court invented the crystal-clarity standard so long after Section 1983’s enactment, the caselaw …

Waive Ip Rights & Save Lives, Srividhya Ragavan

Faculty Scholarship

In October of 2020, when India and South Africa proposed a waiver from certain provisions of the TRIPS agreement, it was meant to increase local manufacturing capacity in these countries. The waiver was proposed as a tool to kick-start prevention, containment and treatment of COVID-19. While there is an imminent need to meet a growing supply-demand gap for all medical products, COVID-19 related products are urgently required in poorer nations to contain the pandemic. The waiver has an additional role to play in the larger trade schema. In enabling vaccination of populations across the globe, the waiver would be critical …

Going Far Together By Being Here Now: Mindfulness Increases Cooperation In Negotiations, Theodore Charles Masters-Waage, Jared Nai, Jochen Reb, Samantha Sim, Jayanth Narayanan, Noriko Tan

Research Collection Lee Kong Chian School Of Business

Integrating theorizing across the mindfulness and negotiation literatures, we hypothesize that mindfulness increases cooperation in negotiations. We further propose that processes of self-transcendence, self-regulation, and self-awareness mediate this effect. We test these hypotheses in five studies across different forms of cooperation, in both distributive and integrative negotiation contexts, and for both measured and experimentally induced mindfulness. In Study 1a, individuals higher on measured state mindfulness displayed greater cooperative orientation measured as preference for pareto-optimal agreements. In Study 1b, experimentally induced mindfulness led to greater cooperative orientation measured as the recall of cooperative heuristics. In Study 2, a distributive (fixed-sum) negotiation, …

Multinational Corporation’S Investments Made Through Its Subsidiary Under The Latest Generation Of Investment Treaties, Prita Amalia, M. Lazuardy Thariq Makmun

Indonesian Journal of International Law

Multinational Corporation (MNC) influence and contribution in the world’s economic development, particularly in the realm of international investment is vast and inevitable. The way MNC utilizes its subsidiaries however, has posed an issue for host States specifically in relation with the serial of ISDS claims which is faced by host States. Where the structure of MNC’s investment enables them to go ‘treaty-shopping’. It is understood that there is a causality between the broad definition of investment and investor contained in the older generation of BITs toward these series of claims. It is also more often than not, in the case …

Digital Services Tax Regulation And Wto Non-Discrimination Principle: Is The Deck Stacked?, Mutiara Elisabet, Yetty Komalasari Dewi

Indonesian Journal of International Law

A growing debate on the imposition of digital services tax emerged as one of the latest trade war battlegrounds. Indonesia and the European Union (EU) are among the countries that have taken unilateral actions to implement digital services tax. This paper examines (i) digital services tax regulation in Indonesia and the EU and (ii) whether the digital services tax regulation violates the non-discrimination principles of WTO according to the GATS. By comparing the statutory and practice of digital services tax in Indonesia and the EU, this work concludes that firstly, digital services tax in Indonesia is regulated by law, which …

The Role Of The Nype Inter-Club Agreement As A Modular Apportionment Mechanism For Cargo-Claims Across Multiple Jurisdictions, Tiurma Mangihut Pitta Allagan, M. Rizky Bayuputra

Indonesian Journal of International Law

The New York Produce Exchange Inter-Club Agreement (the 'ICA') is a staple maritime cargo claims provision incorporated into popular charter party forms, the NYPE46, ASBATIME, and NYPE15. It mechanically regulates cargo liability apportionment between charterers and shipowners mechanically for quick dispute resolution. This study aimed to examine the use and application of the ICA through a private international law lens to evaluate the ICA’s choice of law (being English law). ICA is an independent contract applicable to national legislation or any international convention, such as the Hague Rules, Hague-Visby Rules, and Hamburg Rules. It protects the commercial interests of shipowners …

International Conference On Law, University For Business And Technology - Ubt

UBT International Conference

UBT Annual International Conference is the 9th international interdisciplinary peer reviewed conference which publishes works of the scientists as well as practitioners in the area where UBT is active in Education, Research and Development. The UBT aims to implement an integrated strategy to establish itself as an internationally competitive, research-intensive university, committed to the transfer of knowledge and the provision of a world-class education to the most talented students from all background. The main perspective of the conference is to connect the scientists and practitioners from different disciplines in the same place and make them be aware of the recent …

The Western Balkans And Possible Alternatives To Accelerating Eu Membership, Mersel Bilalli

UBT International Conference

"The future of the Balkans lies within the European Union" - this is the central sentence of the European Council conclusions adopted at the Thessaloniki Summit in 2003. Today, almost two decades later, the Western Balkans are even further away from that goal. After mass membership in 2004, then Bulgaria and Romania in 2007, and finally Croatia in 2013, the EU obviously looks tired. Montenegro has entered the twelve years tenth year of negotiations, and the results are still halfway through. Serbia is experiencing the same fate. And other Western Balkan countries have been on "waiting tracks" for decades.

Fulfillment …

Legal Treatment Of Foreign Investment And Role International Investment Arbitration Through The Prism Of Kosovo, Arianit Kaçandolli, Bashkim Nuredini

UBT International Conference

The main purpose of this study is the legal treatment of foreign direct investment (FDI) in the Republic of Kosovo and in the countries of the region, as well as the role of International Investment Arbitration, with a specific reference to an analysis of the positive effects FDI and the problems faced by foreign investors. Global trends show that competition for FDI inflows is particularly strong among developing countries, as it represents an important source of foreign capital and with a positive impact on the host economy. FDI can facilitate rapid economic growth in developing countries by increasing investment and …

Kosovo And The Eu Stabilization And Association Agreement, Sazan Isufi, Veli Lecaj, Visar Hoxha

UBT International Conference

The purpose of this research paper is to analyse the impact of the EU Stabilization and Association Agreement (“SAA”) in Kosovo. This agreement was signed between Kosovo and the European Union (“EU”) on 27 October 2015. The High Representative for Foreign Affairs and Security Policy at that time, Federica Mogherini, signed the agreement on behalf of the EU and noted that a new phase was opened for the relationship between the two and prosperity and stability would be improved significantly. On the other hand, Commissioner Johannes Hahn indicated that a milestone has been reached, and SAA will enable Kosovo to …

State Aid Rules In Kosovo: The Need For Approximation With Eu Acquis, Elton Tota

UBT International Conference

Provided in the EU Treaty (Arts 107-109 TFEU) and applied in the EU institutional level and the EU Member States, the State Aid rules are also provided as criteria to be achieved for the WB by being included as parts of the respective Stabilization and Association Agreements (SAAs) signed between the EU and each of Western Balkan (WB) countries. In this regard, the SAA between EU and Kosovo has provided the relevant provisions for Kosovo to be properly implemented in the national legislation. The respective SAA provision (Arts. 74, 75) have outlined certain requirements to be achieved such as: it …

Racial Captialism And Race Massacres: Tulsa's Black Wall Street And Elaine's Sharecroppers, André Douglas Pond Cummings, Kalvin Graham

Law Faculty Scholarship

United States history is marked and checkered with grievous race massacres dating back to the end of slavery. These race “riots,” as they are benignly referred to in some quarters, occurred infamously in Tulsa, Elaine, Rosewood, Chicago, Detroit, and so many other lesser remembered cities. The starkest period of race massacres in the United States, including each of those just mentioned, occurred in the early 1900s, between 1919 and 1923 when Black Americans, newly empowered by service in a world war and having gained available land grants in territories where indigenous peoples were forced to abandon, began finding economic and …

Qualification Of Port State Control Inspectors In Nigeria : A Critical Analysis, Faith Chibuoge Azubike

World Maritime University Dissertations

No abstract provided.

Maritime Labour Convention, 2006 : Challenges For Implementation In Regards To Title 5 Compliance And Enforcement In Fiji, Sheryne Rosalia Kanawale

World Maritime University Dissertations

No abstract provided.