Law Commons^™

Derogability By Collective Agreements In Germany And The Presumption, Eva Kocher

Comparative Labor Law & Policy Journal

The promotion of derogability clauses, which allow collective agreements to deviate from statutory protection to the detriment of employees, has been an issue in the political debate on German labour law for some 20 years. While such derogability clauses can effectively allow for flexibility at the company or sectoral level, there are differing views on their suitability for promoting collective bargaining. This article highlights the paradox of such derogability clauses: They are legitimised by the presumption of fairness that underpins collective autonomy; at the same time, they create incentives for employers that challenge the very presumption of fairness. All in …

The International Covenant On Economic, Social And Cultural Rights And The Employment Relation By Klaus Lörcher, Niklas Bruun, Ana Teresa Ribeiro, Hart Publishing, 2025, Manfred Weiss

Comparative Labor Law & Policy Journal

AFTER HAVING PUBLISHED THREE ENLIGHTENING BOOKS on the European Convention on Human Rights (ECHR), on the European Social Charter (ESC), and on the Charter of Fundamental Rights of the European Union (CFREU), the authors of the Transnational Trade Union Rights Expert Network of the European Trade Union Institute have now transcended the European territory and presented a publication on a global scale.

Derogability From Swedish Statutory Labour Law, Birgitta Nyström

Comparative Labor Law & Policy Journal

The possibility for the social partners to derogate from statutory legislation in the area of labour and employment law is an important characteristic of the so-called “Swedish model” for industrial relations and labour market regulation. With a system built on collective bargaining and collective agreements, and where legislation in the labour law area was rather scarce until the 1970s, freedom for the social partners is a core element. The possibility to derogate from certain parts of statutory labour law by collective agreements also gives room to adapt rules for different kinds of businesses and trades. Sweden is a member of …

Antibiotics In Animal Agriculture, The Risks To Health, And Differences In The Us And The Eu, Li-Ting Chou

Seattle Journal of Technology, Environmental, & Innovation Law

No abstract provided.

When Earth’S Lungs Collapse: How Wetland Loss Threatens Air Quality After Sackett V. Epa, Julia A. Hicks

Seattle Journal of Technology, Environmental, & Innovation Law

No abstract provided.

Kim Tolley, Vaccine Wars: The Two-Hundred-Year Fight For School Vaccinations, Dorit R. Reiss

Faculty Scholarship

Kim Tolley’s book offers several important contributions to the large literature on vaccine controversies, rich with important new information and a coherent, compelling story. First, the book’s focus is unique: rather than focus on public health (though the book also addresses the public health effects of vaccine decisions and outbreaks, and offers extensive data on that score, too), the book looks at the unique place schools occupy in the struggle around vaccination rates. Because of this focus, Tolley covers issues I have not seen in any other book — such as curriculum coverage of infectious diseases and vaccines, the role …

Vol. 70, No. 6 (February 16, 2026)

Indiana Law Annotated

No abstract provided.

Social Media’S Death Toll: Who Should Be Held Liable?, Sara Fradi

Seattle Journal of Technology, Environmental, & Innovation Law

No abstract provided.

Digital Services Taxes And The Wto, Reuven S. Avi-Yonah, Doron Narotzki

Articles

In an excellent Tax Notes article, Claudio Cipollini argues that the United States has adopted a paradoxical stance regarding digital services taxes. On one hand, the United States has repeatedly characterized DSTs as discriminatory trade barriers that unfairly target U.S. technology firms. On the other, it has systematically obstructed appointments to the Appellate Body of the WTO, leaving the dispute settlement mechanism effectively inoperative and ineffective. Cipollini presents this as a “missed WTO route,” suggesting that a functioning WTO system would primarily serve U.S. interests by disciplining European DSTs under the General Agreement on Trade in Services (GATS).

This article …

Communicative Legitimacy: The Supreme Court's Hidden Cultural Binaries In The U.S. Civil Sphere, Steven Arrigg Koh

Faculty Scholarship

How does the U.S. Supreme Court establish its legitimacy? Over the last two hundred years in U.S. society, the Court has interpreted the U.S. Constitution on watershed issues such as slavery, segregation, and marriage equality. And yet the Constitution is just 7,591 words. A puzzle thus emerges: how does the Court intelligibly interpret this short text for U.S. society? This article develops a new theoretical and empirical cultural sociological account of such Supreme Court decision-making, which it calls “communicative legitimacy.” According to this theory, which draws on Jeffrey Alexander’s civil sphere theory, the Court consistently and inevitably draws on a …

Weather As A Weapon Of War: The Legality Of Cloud Seeding Under International Humanitarian Law, Fatemah Albader

Seattle Journal of Technology, Environmental, & Innovation Law

No abstract provided.

The Double-Edged Sword Of Ai In Elections: Navigating Risks And Opportunities In Washington State, Payvand Khastkhodaei

Seattle Journal of Technology, Environmental, & Innovation Law

No abstract provided.

Deepfake Danger: The Urgent Need For Federal Protections Against Ai-Generated Pornography, Benjamin Comfort

Seattle Journal of Technology, Environmental, & Innovation Law

No abstract provided.

Mmu: 02/16/26-02/22/26, Student Bar Association

Monday Morning Update

This Week @ NDLS

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October 7th Through The Eyes Of An Idf Combat Soldier, Jewish Law Students Association (Jlsa), Jewish Grad Organization (Jgo)

2025–2026 Flyers

Ira Kohler, a lone soldier from Plainview, Long Island, NY, fought in the Israel-Hamas war. He will share his experience going from a suburban kid on Long Island, graduating from the University of Delaware, to enlisting in the IDF, serving over two years as a combat soldier, and then finding himself in the midst of a brutal war.

Transformative Technology And Shortening The Statute Of Limitations Applicable To Taxpayers, Jay A. Soled, Leslie Book

Faculty Publications

When it comes to submitting tax returns and paying taxes, most taxpayers understand the nature of their civic duties and do so dutifully, if not willingly. However, many taxpayers fail to grasp why the IRS has such an elongated time period—namely, three years— to audit their tax returns and propose an assessment. Indeed, when the IRS exercises its oversight authority, records may no longer be available, and memories may be dulled.

Since the original institution of the three-year tax assessment limitations period nearly a century ago, tremendous technological strides have been made. Indeed, over ninety percent of income tax returns …

Stumping The Federal Effort: Southern States’ Contributions To The United States’ Leading Maternal Mortality Rate, Natalie A. Snook

Arkansas Law Review

Maternal care has reached a terrifying deficit in the United States. Masses of women throughout this nation are dying preventable deaths resulting from extremely lacking prenatal, birthing, delivery, and postnatal care. This is a silent epidemic. Why is the United States failing so miserably in comparison to its fellow developed countries? Why does the gap appear to be widening more and more each day? Various factors lend themselves to an explanation: general factors like the overall shortage of maternal care providers, as well as specific ones such as the not-so surprising fact that the United States is the only developed …

Recent Developments, Steven H. Jacobs

Arkansas Law Review

Recent Developments in Arkansas Law

Whose Water Is It, Anyway? Federalism And Texas V. New Mexico, Bryon Louk

Arkansas Law Review

When a problem erupts between two states, interstate compacts provide a solution without the need for a nationwide decision. Rather than waiting for federal consensus, the states can, with Congressional approval, compact to solve their problems. However, the Supreme Court’s decision in Texas v. New Mexico (Texas II) has threatened interstate compacts, ignored principles of federalism, and overextended its original jurisdiction. It has allowed the United States to force Texas and New Mexico to keep fighting over a compact, even when the states have resolved their issues on their own.

First, this Comment will describe the legal background of compact …

In Guns We Trust: Nfa Firearm Trusts And Silencing The Hazards Of Nfa Firearm Ownership, Carter Horton

Arkansas Law Review

Individual ownership of firearms has been one of the storied rights of our country. During the Founding Era, firearms were plentiful among the colonists, providing them with protection and the means to hunt for food to sustain their communities. With a rebellion brewing against Great Britain, the ill-equipped colonial governments primarily relied upon the personal arms of their people for defense. Arguably, this fundamental right to bear arms played an important role in sparking the American Revolutionary War at the Battles of Lexington and Concord, in which the British attempted to seize an arms cache from the colonists. The subsequent …

Collaborative Nullification: Bending Or Ignoring The Law To Free The Over-Punished, David A. Singleton

Arkansas Law Review

The United States accounts for about 25% of the world’s prisoners but only about 5% of its population. It has the fifth- highest imprisonment rate—higher than China and Russia—with people of color disproportionately impacted. This racialized mass incarceration, and the lack of political will to meaningfully address it, demands bold remedies. Certainly, sentencing reform for low-level, non-violent offenders is needed, but contrary to popular belief, these offenders are not driving mass incarceration. Instead, the problem largely results from increasingly long sentences for violent offenders.

This article proposes that the option, which I call “collaborative nullification,” can provide the over-punished needed …

Disconnected Connection, Dyane L. O'Leary

Arkansas Law Review

Lawyering is a human experience in a digital world. Lawyers have long derived pride from labels like personal counselor, trusted advisor, and steady confidant. Sure, sometimes a productized legal service or one-off Turbo-Tax-style filing is all a client needs. But it’s still a people profession, the lifeblood of which is connection with others: clients, colleagues, witnesses, and countless more. Calls for attention to lawyers’ so-called “soft” skills have grown louder in recent years, tagged with descriptors like “people” or “business” or “professional” skills. Modern communication tools facilitate connection and relationship building like never before. But that which connects us threatens …

Contents, Journal Editors

Arkansas Law Review

No abstract provided.

Arkansas Law Review - Volume 78 Issue 4, Journal Editors

Arkansas Law Review

No abstract provided.

How The Rhetoric Of Borders Justifies The Erosion Of Rights, Richard Sherwin

Other Publications

No abstract provided.

Law And The (Re)Production Of Class Hierarchies In Egypt, Ahmad Abdelnaby

Theses and Dissertations

This thesis investigates how Egypt’s legal system, structurally tilted toward the elite and constitutive of inequality, has interacted with the country’s entrenched culture of class-based discrimination to produce a legal culture uniquely comfortable with hierarchy. It contends that class-based discrimination in Egypt has evolved from a social prejudice into a juridical condition, one in which the law does not merely mirror inequality but actively constructs and rationalizes it. By examining the intersection between legal structure and Egypt’s entrenched moral order of class-based discrimination, the study reveals a legal culture that no longer hides its hierarchies behind the veil of neutrality …

Two Decades Since Cms V. Argentina: Concession Contracts, Necessity Doctrine, And The Imf’S Impact On Sovereign Economic Governance, Esraa S. Saied Abdallah

Theses and Dissertations

In the evolving landscape of international trade, particularly within the framework of Bilateral Investment Treaties (BITs), the primary aim has been to promote and protect foreign investment. The 1980s witnessed a notable increase in investment treaties, coinciding with a global shift toward privatization that was significantly influenced by the impact of international financial institutions, including the International Monetary Fund (IMF) and the World Bank. By the 1990s, BITs had evolved to offer specific guarantees aimed at reducing the risks foreign investors faced in host states. However, despite the growth and transformation brought about by foreign investments, disputes arising under investment …

Under The Guardianship: Experiences Of Mothers In Egypt’S El Nayaba El Hesbaya, Hana Khayry

Theses and Dissertations

This thesis explores the intersectional lived experience of El Nayaba El Hesbaya in Egypt. El Nayaba El Hesbaya, operating under Law 119/1952, is the administrative and judicial body responsible for overseeing the financial and legal affairs of minors whose father or mother had passed. Hundreds of thousands of mothers in Egypt have (had) children under the guardianship of El Nayaba El Hesbaya. This research delves into the experience of mothers whose children are or were under the guardianship of El Nayaba El Hesbaya, examining how it shape(s/d) their everyday life as women, mothers, widows or ex-wives, citizens, and legal subjects. …

The Effectiveness Of Public-Private Partnerships In Addressing Residential Urban Development Challenges In Greater Cairo, Sara Nagy Abdelmessih

Theses and Dissertations

This research explores the effectiveness of Public-Private Partnerships (PPPs) in tackling the residential urban development challenges facing Cairo today. In the past two decades, PPPs have emerged as a dominant mode of housing production, positioned as collaborative ventures between state agencies and private developers. They have become integral to the expansion of Greater Cairo, producing vast new urban extensions under the promise of mobilizing private capital, technical expertise, and delivery capacity. Yet, questions remain about whether these arrangements genuinely address Egypt’s most urgent housing needs, or whether they reproduce market-driven logics that leave large segments of the population excluded.

The …

Navigating Radical Indeterminacy In The Struggle For A Global Collective Consciousness: The Question Of Eco-Justice And Law Or Universalize The Pluriverse: A Manifesto, More Or Less, Omar Auf

Theses and Dissertations

The processes of interpretation, communication, and re-interpretation leads to the emergence of an approximated collective consciousness, for which it may be struggled and contested by hegemonic. The dominant forces of this contest, capitalism and nationalism, lead to an interdivided world: one that possesses the tools to empathize with each other but is instead leading people to keep their heads down and focus on surviving their own contexts, perceived as existing within different historical times on the same timeline. This leads to legal and justice systems that fail their claim to universality and/or impartiality. Incorporating an ecological lens to justice within …