Law Commons^™

Security Council Resolutions And The Double Function Of Explanation Of Votes, Mark Klamberg

Vanderbilt Journal of Transnational Law

UN Security Council resolutions are not always clear: they sometimes need to be interpreted. Members of the Security Council may make statements in connection with their votes, termed explanation of votes. Explanation of votes may have at least two functions. First, they may contribute to the formation of customary international law. Secondly, they can be used as a means for interpreting Security Council resolutions in relation to a specific situation or dispute. The present Article examines different trajectories of conversations to show how Security Council resolutions and explanation of votes may protect the status quo in some instances and act …

Defending Henrietta Lacks: Justification Of Ownership Rights In Separated Human Body Parts, Arseny Shevelev, Georgy Shevelev

Vanderbilt Journal of Transnational Law

Since the time of Moore v. Regents of the University of California, it has become a well-established and widespread view that a person, when their separated body parts are misappropriated, is forced to limit themselves to fiduciary and other non-proprietary claims against those who violate the bodily inviolability of their separated parts. Now, with the filing of a lawsuit in defense of the rights in body parts of the victim of racial discrimination, Henrietta Lacks, the judicial system has an opportunity to justify itself by adopting a different perception of rights in human body parts. This Article focuses on the …

Teaching Case Theory, Binny Miller

Scholarly Articles in Law Reviews & Journals

As the key means of framing a case, case theory is the central problem that lawyers confront in constructing a case, and many of the decisions made during the life of a case are decisions that rest on case theory. Building on the author's earlier scholarship on case theory, this essay articulates a concept of case theory called "storyline," and sets out a framework for teaching this concept. The framework for this process has three basic stages - imagining case theory, evaluating (and constructing) case theory, and choosing case theory. The material for this process is stories, which are the …

Courts Without Court, Andrew Guthrie Ferguson

Scholarly Articles in Law Reviews & Journals

What role does the physical courthouse play in the administration of criminal justice? This Article uses recent experiments with virtual courts to reimagine a future without criminal courthouses at the center. The key insight of this Article is to reveal how integral physical courts are to carceral control and how the rise of virtual courts helps to decenter power away from judges. This Article examines the effects of online courts on defendants, lawyers, judges, witnesses, victims, and courthouse officials and offers a framework for a better and less court-centered future. By studying post-COVID-19 disruptions around traditional conceptions of place, time, …

On The Misuse Of Regressions Of Price On The Hhi In Merger Review, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

The article explains why regressions of price on HHI should not be used in merger review. Both price and HHI are equilibrium outcomes determined by demand, supply, and the factors that drive them. Thus, a regression of price on the HHI does not recover a causal effect that could inform the likely competitive effects of a merger. Nonetheless, economic theory is consistent with the legal presumption that a merger is likely to have adverse competitive effects if it occurs in a concentrated market and makes that market more concentrated.

War Crimes: History, Basic Concepts, And Structures, Richard J. Wilson

Scholarly Articles in Law Reviews & Journals

On May 24, 2022, the Washington Post carried front-page news that a court in Ukraine had sentenced a 21-year-old Russian soldier, Vadim Shishimarin, to life imprisonment for the war crime of premeditated murder of a civilian, 62-year-old Oleksandr Shelipov. The session was the first war crimes trial in Ukraine since Russia's invasion three months earlier.

Debunking The Efficacy Of Standard Contract Boilerplate: Part V, David Spratt

Scholarly Articles in Law Reviews & Journals

After five installments, we can end our discussion of contract boilerplate. We have slashed the outdated language and emerged as a clear and contemporary legal writer. Be willing to adapt what has worked well in the past because change is the foundation of human ingenuity.

Feminist Legal Theory And #Metoo: Revisiting Tarana Burke's Vision Of Empowerment Through Empathy, Penelope Andrews

Articles & Chapters

It is my purpose to ground this article in ubuntu and the politics of radical love as applied to the goals of #MeToo and its pursuit of redress for victims of sexual harms. Part II explores the convergences and divergences of #MeToo with feminist campaigns of an earlier era. Part III questions whether a renewed quest for gender equality, largely spawned by a Twitter/social media campaign, may lead to sustainable change built on notions of empathy and restorative justice, which influenced Tarana Burke when she founded #MeToo. Part IV examines restorative justice approaches in the South African Truth and Reconciliation …

Public Acceptance Of Medical Screening Recommendations, Safety Risks, And Implied Liabilities Requirements For Space Flight Participation, Cory J. Trunkhill

Doctoral Dissertations and Master's Theses

The space tourism industry is preparing to send space flight participants on orbital and suborbital flights. Space flight participants are not professional astronauts and are not subject to the rules and guidelines covering space flight crewmembers. This research addresses public acceptance of current Federal Aviation Administration guidance and regulations as designated for civil participation in human space flight.

The research utilized an ordinal linear regression analysis of survey data to explore the public acceptance of the current medical screening recommended guidance and the regulations for safety risk and implied liability for space flight participation. Independent variables constituted participant demographic representations …

Jotwell's Thirteenth Birthday Celebration, A. Michael Froomkin

Articles

No abstract provided.

Highly Automated Vehicles & Discrimination Against Low-Income Persons, William H. Widen

Articles

Law reform in the United States often reflects a structural bias that advances narrow business interests without addressing broader public interest concerns.' This bias may appear by omitting protective language in laws or regulations which address a subject matter area, such as permitting the testing of highly automated vehicles ("HA Vs") on public roads, while omitting a requirement for a reasonable level of insurance as a condition to obtain a testing permit.2 This Article explores certain social and economic justice implications of laws and regulations governing the design, testing, manufacture, and deployment of HA Vs which might advance a business …

Of Landlords And Tenants: Property In The Midst Of A Pandemic, Seng Wei, Edward Ti

Research Collection Yong Pung How School Of Law

Described as the crisis of our generation, the coronavirus pandemic has had a profound effect on consumption behaviour, in turn devastating businesses globally. Marking a departure from the sanctity of contract and causing perceived incursions to accrued legal rights, the Coronavirus Act 2020 and related legislation provide business tenancies protection, among others, against forfeiture for non-payment of rent. While this regulation of commercial tenancies appears to be justified on the basis of pragmatic utility, I suggest that Honoré’s incident of ownership prohibiting harmful use also allows for these emergency laws to be vindicated from a property perspective. This provides an …

Constitutional Traditions As Boundaries In Standardizing Administrative Rulemaking Through Trade Agreements, Han-Wei Liu, Ching-Fu Lin

Research Collection Yong Pung How School Of Law

Pioneered by the US, recent mega-regional trade agreements such as the CPTPP have incorporated ‘regulatory coherence’ provisions—mirroring the US Administrative Procedural Act's core designs—to balance between domestic regulatory autonomy and international cooperation. Building upon existing literature that traces the trajectories of the diffusion of regulatory coherence across jurisdictions, this article analyses how Australia's constitutional tradition could effectively condition the development of regulatory coherence in a Westminster-based model of governance. It is argued that the global entrenchment of regulatory coherence is contingent upon the inherent boundary defined by the political dynamics and constitutional structures within a jurisdiction.

Exporting The First Amendment Through Trade: The Global 'Constitutional Moment' For Online Platform Liability, Han-Wei Liu

Research Collection Yong Pung How School Of Law

The U.S. in the recent United States-Mexico-Canada Agreement and U.S.-Japan Digital Trade Agreement adopts a new clause which mirrors Section 230 of the Communications Decency Act of 1996, shielding online intermediaries from third-party contents liability. For policymakers, the seemingly innocuous “Interactive Computer Services” title creates the fundamental challenge in balancing free speech against competing interests in the digital age. This Article argues against globally normalizing this clause through its diffusion in trade deals. Internally, as the Biden Administration has offered a clean slate to discuss reforms to the controversial regime, it is unwise for U.S. trade negotiators to export the …

Rechtsstrukturvergleichung, Corinna Coupette, Dirk Hartung

Research Collection Yong Pung How School Of Law

Rechtsstrukturvergleichung untersucht die Gemeinsamkeiten und Unterschiede zwischen den Strukturen einzelner Rechtssysteme. Theoretisch verwurzelt in Systemtheorie und Komplexitätsforschung, modelliert sie Rechtssysteme als Netzwerke von Dokumenten, Organisationen und Individuen. Rechtsstrukturvergleichung nutzt Methoden der Netzwerkanalyse, um diese Netzwerke zu vermessen, ihre Veränderung über die Zeit zu beobachten und mehrere Rechtssysteme quantitativ zu vergleichen. Sie unterscheidet sich von anderen Ansätzen der Rechtsvergleichung in ihren Annahmen, Methoden und Zielen, indem sie die Abhängigkeiten zwischen den Systembestandteilen abbildet und eher datenwissenschaftliche als ökonometrische Werkzeuge einsetzt. Als neuartige Ergänzung des Methodenrepertoires der Rechtsvergleichung eröffnet die Rechtsstrukturvergleichung zahlreiche Möglichkeiten für weitere Forschung auf der Schnittstelle von Rechtsvergleichung und …

Promoting Constitutional Literacy: What Role For Courts?, De Maartje Visser

Research Collection Yong Pung How School Of Law

This article explores the role of constitutional judges in advancing constitutional literacy, understood as knowledge relating to the functioning of the constitutional order. Part of the inquiry is descriptive and geared towards identifying the modalities that courts today use to cultivate such literacy among the public, or segments thereof. The article also poses normative questions about literacy-boosting efforts. How do these relate to typical judicial functions? Are courts well-placed and equipped to disseminate constitutional knowledge? Based on an analysis of judicial practices, it is suggested that lay individuals are increasingly treated as a key constituency by courts, warranting the development …

Holding Residential Property On Inter Vivos Trusts In Singapore: Transfers Of Equity Interests, Vincent Ooi

Research Collection Yong Pung How School Of Law

Following amendments to the ACD regime in Singapore, transferring equity interests to and from a trust with no beneficial owners will attract ACD, as will the exercise of a power of appointment by a trustee to grant equity interests to a beneficiary. Renunciation of interests in a bare trust will also attract ACD. Together with the introduction of ABSD (Trust), it is now impractical to use trusts to hold residential properties for succession planning purposes. Remaining options are to gift the properties without any strings attached or bequeath the properties in a will and risk subsequent changes to death taxation.

Holding Residential Property On Inter Vivos Trusts In Singapore: Transfers Of Interests, Vincent Ooi

Research Collection Yong Pung How School Of Law

As a response to the “missing beneficial owner” problem highlighted by the Zhao Hui Fang case, amendments have been made to Singapore’s stamp duty regime. ABSD will now be levied at 35% on transfers of residential property to trustees, with a remission available if certain conditions are met. These conditions effectively mean that residential property held on inter vivos trusts in Singapore must be given to beneficiaries without conditions or powers of revocation or variation. This has major ramifications for succession planning, since such restrictions largely defeat the purpose of using a trust to hold property in the first place.

Non-Satisfaction Of Pre-Arbitration Requirements: Moving Away From Conditions Precedent Towards The Admissibility Of A Claim – Nwa V Nvf, Darius Chan, Joel Soon

Research Collection Yong Pung How School Of Law

In earlier cases, the non-satisfaction of pre-arbitration requirements has been analysed by the Singapore and English courts by reference to the issue of conditions precedent. It was assumed without argument that, if a requirement was construed as a condition precedent, the failure to satisfy that requirement would deprive the tribunal of jurisdiction. More recently, English and Hong Kong case law has focused on a different issue, asking whether the failure to meet the pre-arbitration requirement affects the tribunal’s jurisdiction or the admissibility of the claim. This case note analyses whether the Singapore courts should follow suit.

Monarchical Constitutional Guardianship And Legal Metissage In Asia, De Maartje Visser, Andrew. Harding

Research Collection Yong Pung How School Of Law

This article presents a roadmap for examining the phenomenon of monarchy in Asia, which we conceive as a pluralist institution in a twofold manner. First, many monarchies discharge a wide range of roles and responsibilities ranging from the symbolic to the religious to the legal-political. These varied functions can be usefully captured under the notion of constitutional guardianship, and call for intersectional analysis. Second, it is common for monarchies to have metamorphosed from being purely endogenous institutions to becoming ones embedded in a scheme of limited, constitutional government under the influence of ideas from elsewhere. Monarchies should accordingly be viewed …

The Future Of Digital Justice, Dirk Hartung, Florian Brunnader, Christian Veith, Philipp Plog, Tim Wolters

Research Collection Yong Pung How School Of Law

Justice systems worldwide are under increasing pressure as legal complexity rises andmore people rightfully demand access to justice. Digital transformation is the key forcourts to keep pace. Digital justice is an immense chance to improve the lives ofmillions of people, but only if the technology is understood and implemented fast.Drivers of Digital JusticeGlobally, the digitalization of justice systems is just beginning and generally laggingbehind the digital transformation of the rest of society. This has led to a widening gapbetween the expected user experience for both consumers and businesses and theactual services provided by the courts.Status quo of Digital Justice TransformationThe …

Teaching Doctrine For Justice Readiness, Amanda Levendowski

Georgetown Law Faculty Publications and Other Works

Clinics strive to teach students lawyering skills. But clinics should also teach students how to use those skills to confront injustice and promote justice, an approach Jane Aiken refers to as “justice readiness.” Casework for clients presents many opportunities for students to become justice ready, but not all matters do so equally. Clinics come with built-in limitations. Some matters involve injustices in one area of law while leaving others untouched. And others don’t require creative advocacy for justice. Casework remains a powerful driver of justice readiness, but it cannot do the job alone.

Teaching students doctrine through a social justice …

The Global Publishing Industry In 2021, World Intellectual Property Organization

Copyright, Fair Use, Scholarly Communication, etc.

Mixed forces shaped global publishing activity in 2021. The spread of different COVID-19 variants throughout the world still caused hardship and widespread social distancing. At the same time, the rollout of vaccines helped to contain the pandemic’s impact and enabled a recovery of the global economy, which grew by around 6 percent in 2021. The preliminary release of data from WIPO’s global survey of publishing activity shows that recovery extended to the publishing industry. Still, industry performance varies by country, reflecting the nature of book markets and other local economic forces.

The highest number of books published and deposited in …

Innovation Transition Success: Practice Doesn't Make Perfect, Kaitlyn Ryan, Amy M. Cox, Ethan Blake, Clay Koschnick, Alfred E. Thal Jr.

Faculty Publications

The authors of this research examine and evaluate organizational factors associated with commercialization under the Air Force Small Business Innovation Research (SBIR) program. Their objective is to improve return on investment. The data set used was the SBIR Phase II program data set, which contains information on 433 SBIR topics with closed contracts reported during Department of Defense (DoD) fiscal years (FYs) 2015 to 2018. Each data point contained characteristics of the topic, including commercialization. Military capability or topic areas were hypothesized to have varying commercialization rates. Incumbency was theorized to be a characteristic of successful programs, while increased company …

The Role Of Law Librarians In Knowledge Based Society; Nigerian Perspective, Ayomide Joy Lala, Okuonghae Nosakhare

Library Philosophy and Practice (e-journal)

Abstract

The term knowledge society depicts societies having a strong reliance on the use of knowledge in varied forms, discovered through technological or scientific research. The explosion of information resources characterized by the information age has contributed significantly to the competitive advantage among nations, companies and societies through the skillful application of knowledge. A major attribute of the knowledge society is the prominent attention given to education, research and development(R&D) for the purpose of scaling up the human capital resources needed to proffer effective solutions to problems. In this regard, the focus of stakeholders is to ensure continuous networking between …

Lawbreaker: An Approach For Specifying Traffic Laws And Fuzzing Autonomous Vehicles, Yang Sun, Christopher M. Poskitt, Jun Sun, Yuqi Chen, Zijiang Yang

Research Collection School Of Computing and Information Systems

Autonomous driving systems (ADSs) must be tested thoroughly before they can be deployed in autonomous vehicles. High-fidelity simulators allow them to be tested against diverse scenarios, including those that are difficult to recreate in real-world testing grounds. While previous approaches have shown that test cases can be generated automatically, they tend to focus on weak oracles (e.g. reaching the destination without collisions) without assessing whether the journey itself was undertaken safely and satisfied the law. In this work, we propose LawBreaker, an automated framework for testing ADSs against real-world traffic laws, which is designed to be compatible with different scenario …

Confronting State Violence: Lessons From India's Farmer Protests, Smita Narula

Elisabeth Haub School of Law Faculty Publications

In December 2021, following a year of sustained mass protests, farmers in India forced the repeal of three controversial Farm Laws that attempted to deregulate India’s agricultural sector in service of corporate interests. Farmers feared that the laws would dismantle price supports for key crops, jeopardize their livelihoods, and facilitate a corporate takeover of India’s agrarian economy. This Article situates India’s historic farmer protests in the context of the country’s longstanding agrarian crisis and the corporate capture of agriculture worldwide. I argue that the protests arose in response not only to the Farm Laws, but also to decades of state-sponsored …

The Uniform Commercial Code Survey: Introduction, Jennifer S. Martin, Colin P. Marks, Wayne Barnes

Faculty Scholarship

The survey that follows highlights the most important developments of 2021 dealing with domestic and international sales of goods, personal property leases, payments, letters of credit, documents of title, investment securities, and secured transactions.

The Trouble With Court-Packing, Neil S. Siegel

Faculty Scholarship

Wide-ranging public discussion of U.S. Supreme Court reform implicates fundamental questions of constitutional policy, norms, and law. This Article focuses on the reform proposal that poses the greatest threat to judicial legitimacy and independence: Court-packing. This Article contends that there has likely been a constitutional convention against Court-packing for a long time now, although it is uncertain whether the convention continues to exist given Senate conduct since 2016. This Article also maintains that Court-packing is not as free from constitutional difficulty as the conventional wisdom holds, even if the arguments for its constitutionality are stronger on balance. Most importantly, this …

All Is Fair In Love And War: But What About War Trials?, Bronwyn Tuff

The International Law Review Association Student Forum

The right to a fair trial is not just protected by a state’s domestic statute but also by international law under the 1949 Geneva Convention. In the most basic sense, a fair trial theoretically requires competent courts, penalty proportionality, proper notification, right of defense, right of appeal, and restrictions on the issuance of the death penalty. However, the requirements set by international law often fail to account for the desire of justice that may diminish the true fairness of a trial even though all requirements are present. This note examines the recent domestic war crime trials conducted by Ukraine during …