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Full-Text Articles in Law

Black Lives Matter Abroad, Too: Proposed Solutions To The Racialized Policing Of Ethiopian Jews In Israel, Samy Abdallah May 2021

Black Lives Matter Abroad, Too: Proposed Solutions To The Racialized Policing Of Ethiopian Jews In Israel, Samy Abdallah

William & Mary Journal of Race, Gender, and Social Justice

This Note will first discuss the presence of Ethiopian Jews in Israel, and then compare their stature and rights (or lack thereof) to another insular group in Israel—Arab Palestinians. Finally, this Note will discuss possible solutions and remedies to these fatal police shootings. Considering that the possibility of criminal liability for officers is low, this Note will argue that both civil remedies and additional training for police are necessary to avert future shootings of Ethiopian Jews.


Who Will Save The Redheads? Towards An Anti-Bully Theory Of Judicial Review And Protection Of Democracy, Yaniv Roznai Apr 2021

Who Will Save The Redheads? Towards An Anti-Bully Theory Of Judicial Review And Protection Of Democracy, Yaniv Roznai

William & Mary Bill of Rights Journal

Democracy is in crisis throughout the world. And courts play a key role within this process as a main target of populist leaders and in light of their ability to hinder administrative, legal, and constitutional changes. Focusing on the ability of courts to block constitutional changes, this Article analyzes the main tensions situated at the heart of democratic erosion processes around the world: the conflict between substantive and formal notions of democracy; a conflict between believers and nonbelievers that courts can save democracy; and the tension between strategic and legal considerations courts consider when they face pressure from political branches ...


The Protection Of Free Choice And The Right To Passivity: Applying The Privilege Against Self-Incrimination To Physical Examinations And Documents' Submission, Rinat Kitai-Sangero Apr 2021

The Protection Of Free Choice And The Right To Passivity: Applying The Privilege Against Self-Incrimination To Physical Examinations And Documents' Submission, Rinat Kitai-Sangero

William & Mary Bill of Rights Journal

This Article addresses the question of whether the privilege against selfincrimination should cover physical examinations as well as the obligation to submit documents. This question requires a serious examination of the justifications underlying the privilege against self-incrimination and is of particular relevance in the current age of technological progress that expands the powers assigned to law enforcement agencies to access knowledge and thoughts stored in individuals’ minds. After addressing the comparative law regarding the applicability of the privilege against selfincrimination to physical examinations and to the obligation to submit documents and discussing key justifications for the privilege against self-incrimination, dividing ...


Offer And Acceptance In Jordanian Civil Law And Comparative Law: The Concept And Its Development Mar 2021

Offer And Acceptance In Jordanian Civil Law And Comparative Law: The Concept And Its Development

Journal Sharia and Law

Islamic jurisprudence "fiqh" was the first legal system which adopted the doctrine of offer and acceptance. It is thought that the doctrine had been imported to French legal system from Islamic Fiqh through Spain and then transmitted to English law.

As we have seen, all the legal systems which have been studied are in common on the question of determination of offer and acceptance. This determination is based on a chronologically sequential order: the first expression of one party's will is an offer while the second corresponding expression of the other party's will is an acceptance. Nevertheless, all ...


Toolkit Or Tinderbox? When Legal Systems Interface Conflict, Christie S. Warren Jul 2020

Toolkit Or Tinderbox? When Legal Systems Interface Conflict, Christie S. Warren

Faculty Publications

No abstract provided.


The Inefficiency Of Quasi–Per Se Rules: Regulating Information Exchange In Eu And U.S. Antitrust Law, Kenneth Khoo, Jerrold Tsin Howe Soh Mar 2020

The Inefficiency Of Quasi–Per Se Rules: Regulating Information Exchange In Eu And U.S. Antitrust Law, Kenneth Khoo, Jerrold Tsin Howe Soh

Research Collection School Of Law

It is well understood that the exchange of information between horizontal competitors can violate competition law provisions in both the European Union (EU) and the United States, namely, article 101 of the Treaty on the Functioning of the European Union and section 1 of the Sherman Act. However, despite ostensible similarities between EU and U.S. antitrust law concerning interfirm information exchange, substantial differences remain. In this article, we make a normative argument for the U.S. antitrust regime's approach, on the basis that the United States’ approach to information exchange is likely to be more efficient than the ...


Keeping Faith With Nomos, Steven L. Winter Jan 2020

Keeping Faith With Nomos, Steven L. Winter

Law Faculty Research Publications

No abstract provided.


Erasing Race, Llezlie Green Jan 2020

Erasing Race, Llezlie Green

Articles in Law Reviews & Other Academic Journals

Low-wage workers frequently experience exploitation, including wage theft, at the intersection of their racial identities and their economic vulnerabilities. Scholars, however, rarely consider the role of wage and hwur exploitation in broader racial subordination frameworks. This Essay considers the narratives that have informed the detachment of racial justice from the worker exploitation narrative and the distancing of economic justice from the civil rights narrative. It then contends that social movements, like the Fight for $15, can disrupt narrow understandings of low-wage worker exploitation and proffer more nuanced narratives that connect race, economic justice, and civil rights to a broader antisubordination ...


The Chicago School’S Limited Influence On International Antitrust, Anu Bradford, Adam S. Chilton, Filippo Maria Lancieri Jan 2020

The Chicago School’S Limited Influence On International Antitrust, Anu Bradford, Adam S. Chilton, Filippo Maria Lancieri

Faculty Scholarship

Beginning in the 1950s, a group of scholars primarily associated with the University of Chicago began to challenge many of the fundamental tenants of antitrust law. This movement, which became known as the Chicago School of Antitrust Analysis, profoundly altered the course of American antitrust scholarship, regulation, and enforcement. What is not known, however, is the degree to which Chicago School ideas influenced the antitrust regimes of other countries. By leveraging new datasets on antitrust laws and enforcement around the world, we empirically explore whether ideas embraced by the Chicago School diffused internationally. Our analysis illustrates that many ideas explicitly ...


Sdlp After 20: Sustainable Development In The Anthropocene, David Hunter Jan 2020

Sdlp After 20: Sustainable Development In The Anthropocene, David Hunter

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Comparative Legal Perspectives On Cultural Land Trusts For Urban Spaces Of Culture, Community, And Art: A Tool For Counteracting Displacement, Sara Gwendolyn Ross Jan 2020

Comparative Legal Perspectives On Cultural Land Trusts For Urban Spaces Of Culture, Community, And Art: A Tool For Counteracting Displacement, Sara Gwendolyn Ross

Articles, Book Chapters, & Popular Press

As cities redevelop and previously less desirable or marginalized portions of the city space are “retaken” by a city, areas that have provided affordable performance, rehearsal, and live/work space for the arts and culture sector are becoming increasingly less available for these uses. Focusing predominantly on the Canadian Civil Law and Common Law context with passing reference to other jurisdictions such as the US, Scotland, and the UK, this article explores techniques for managing the increased pressure on and increasingly rapid displacement of spaces of arts, culture, and community cultural wealth that is taking place in cities. To this ...


Congress's (Limited) Power To Represent Itself In Court, Tara Leigh Grove, Neal Devins Sep 2019

Congress's (Limited) Power To Represent Itself In Court, Tara Leigh Grove, Neal Devins

Tara L. Grove

Scholars and jurists have long assumed that, when the executive branch declines to defend a federal statute, Congress may intervene in federal court to defend the law. When invalidating the Defense of Marriage Act, for example, no Supreme Court Justice challenged the authority of the House of Representatives to defend federal laws in at least some circumstances. At the same time, in recent litigation over the Fast and Furious gun-running case, the Department of Justice asserted that the House could not go to court to enforce a subpoena against the executive. In this Article, we seek to challenge both claims ...


Our Exceptional Constitution, Timothy Zick Sep 2019

Our Exceptional Constitution, Timothy Zick

Timothy Zick

No abstract provided.


Judges Talking To Jurors In Criminal Cases: Why U.S. Judges Do It So Differently From Just About Everyone Else, Paul Marcus Sep 2019

Judges Talking To Jurors In Criminal Cases: Why U.S. Judges Do It So Differently From Just About Everyone Else, Paul Marcus

Paul Marcus

No abstract provided.


Australia And The United States: Two Common Criminal Justice Systems Uncommonly At Odds, Paul Marcus, Vicki Waye Sep 2019

Australia And The United States: Two Common Criminal Justice Systems Uncommonly At Odds, Paul Marcus, Vicki Waye

Paul Marcus

At first glance the criminal justice systems of Australia and the United States look strikingly similar. With common law roots from England, they both emphasize the adversary system, the roleof the advocate, the presumption of innocence, and an appeals process. Upon closer reflection,however, they appear starkly different. From both Australian and U.S. perspectives, the authorsexplore those differences, examining important features such as the exclusion of evidence, rules regarding interrogation, the entrapment defense, and the open nature of trials. The Article concludes with an analysis of the reasons for those differences, reasons that heavily relate back to the founding ...


Congress's (Limited) Power To Represent Itself In Court, Tara Leigh Grove, Neal Devins Sep 2019

Congress's (Limited) Power To Represent Itself In Court, Tara Leigh Grove, Neal Devins

Neal E. Devins

Scholars and jurists have long assumed that, when the executive branch declines to defend a federal statute, Congress may intervene in federal court to defend the law. When invalidating the Defense of Marriage Act, for example, no Supreme Court Justice challenged the authority of the House of Representatives to defend federal laws in at least some circumstances. At the same time, in recent litigation over the Fast and Furious gun-running case, the Department of Justice asserted that the House could not go to court to enforce a subpoena against the executive. In this Article, we seek to challenge both claims ...


Public Interest Litigation & Women’S Rights: Cases From Nepal & India, Jordan E. Stevenson Mar 2019

Public Interest Litigation & Women’S Rights: Cases From Nepal & India, Jordan E. Stevenson

2019 Symposium

As a complex, diverse and dynamic region with diverging, constantly changing constitutional and jurisprudential contexts as well as lasting legacies of patriarchy, South Asia’s traditions of public interest litigation are one of the most well-studied institutions by Western audiences due to their contradictory progressive and innovative nature. Particularly in India, where public interest litigation gives ordinary citizens extraordinary access to the highest courts of justice, questions have been raised as to the effectiveness of public interest litigation as a tool to address gender disparities across the region. Although Supreme Court justices have been a key ally in eliminating legal ...


Data Subjects' Privacy Rights: Regulation Of Personal Data Retention And Erasure, Alexander Tsesis Jan 2019

Data Subjects' Privacy Rights: Regulation Of Personal Data Retention And Erasure, Alexander Tsesis

Faculty Publications & Other Works

The European Union's right to erasure came into effect May 25, 2018, as Article 17 of the General Data Protection Regulation ("GDPR"). Unlike the U.S. "marketplace of ideas" model of free speech, the GDPR gives greater weight to data subjects' privacy interests than to audiences' curiosity about others' intimate lives. The U.S. and EU models advance human thirst for knowledge through open and uninhibited debates, whereas the internet marketplace tends to favor social media companies' commercial interests: put more specifically, free speech is not entirely harmonious with the interests of social media intermediaries whose algorithms tend to ...


An Alternative Path To Rule Of Law: Thailand's Twenty-First Century Administrative Courts, Frank W. Munger, Peerawich Thoviriyavej, Vorapitchaya Rabiablok Jan 2019

An Alternative Path To Rule Of Law: Thailand's Twenty-First Century Administrative Courts, Frank W. Munger, Peerawich Thoviriyavej, Vorapitchaya Rabiablok

Articles & Chapters

New courts in Asia’s rapidly developing states offer an opportunity to understand how a court system takes root in a society. This article presents a case study of the development of administrative court structure, functions, and practice in Thailand: Southeast Asia’s newest system of administrative courts. The study examines why courts made sense to those who established them and how the courts’ authority is being utilized. For relatively powerless and resource-poor litigants, barriers to litigation may be many, but when these barriers are overcome, administrative courts exercise extraordinary influence, even when they fail to render a decision fully ...


The Clinical Law Review At 25 - What Have We Wrought, Robert Dinerstein Jan 2019

The Clinical Law Review At 25 - What Have We Wrought, Robert Dinerstein

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The Global Dominance Of European Competition Law Over American Antitrust Law, Anu Bradford, Adam S. Chilton, Katerina Linos, Alex Weaver Jan 2019

The Global Dominance Of European Competition Law Over American Antitrust Law, Anu Bradford, Adam S. Chilton, Katerina Linos, Alex Weaver

Faculty Scholarship

The world’s biggest consumer markets – the European Union and the United States – have adopted different approaches to regulating competition. This has not only put the EU and US at odds in high-profile investigations of anticompetitive conduct, but also made them race to spread their regulatory models. Using a novel dataset of competition statutes, we investigate this race to influence the world’s regulatory landscape and find that the EU’s competition laws have been more widely emulated than the US’s competition laws. We then argue that both “push” and “pull” factors explain the appeal of the EU’s ...


Dignity Takings In Communist Poland: Collectivization And Slave Soldiers, Ewa Kozerska, Piotr Stec Mar 2018

Dignity Takings In Communist Poland: Collectivization And Slave Soldiers, Ewa Kozerska, Piotr Stec

Chicago-Kent Law Review

Poland’s history in the 20th century could be a swell script of a movie. A country that had lost its independence in the 18th century regained it in 1918 only to fall prey to Nazi Germany twenty years later. After World War II Poland was under Communist rule that ended in 1989 with the fall of the Iron Curtain. In this paper we deal with dignity takings as defined by Professor Bernadette Atuahene that took place mostly in the early phase of the Communist era.

Creation of the Communist “brave new world” required total transformation of the society, sometimes ...


Corporate Culture And Competition Compliance In East Asia, Jingyuan Ma, Mel Marquis Jan 2018

Corporate Culture And Competition Compliance In East Asia, Jingyuan Ma, Mel Marquis

South Carolina Journal of International Law and Business

No abstract provided.


Harmonization Of Civil Procedure: Is The United States A Model For The European Union?, Christopher A. Whytock Jan 2018

Harmonization Of Civil Procedure: Is The United States A Model For The European Union?, Christopher A. Whytock

Faculty Scholarship

It is tempting to view the United States as a model for the harmonization of rules of civil procedure. This chapter argues that there may be lessons to learn from the US experience, but that there are reasons to be skeptical about the usefulness of the US model for efforts to harmonize the procedural rules of EU members. The rules of civil procedure are not as harmonized in the United States as commonly assumed. Judicial cooperation in the United States is in any event based less on extensive harmonization than on a system of interjurisdictional deference made possible by the ...


The Story Of The Dubai International Financial Centre Courts: A Retrospective, Jayanth K. Krishnan Jan 2018

The Story Of The Dubai International Financial Centre Courts: A Retrospective, Jayanth K. Krishnan

Books & Book Chapters by Maurer Faculty

Can Western-based, English-speaking, common law commercial courts operate successfully in an environment that are not their own—such as in the Middle East? This question is not a simple thought experiment but rather the reality that has occurred since the mid-2000s in the Emirate of Dubai. This monograph recounts the history of how the ‘Dubai International Financial Centre Courts’ emerged. Drawing on extensive interviews with key stakeholders involved in the process, along with rich original documents as well as all of the Courts’ judgments, this narrative offers important lessons for those seeking to understand more fully the complex interplay of ...


Borders And Bits, Jennifer Daskal Jan 2018

Borders And Bits, Jennifer Daskal

Articles in Law Reviews & Other Academic Journals

Our personal data is everywhere and anywhere, moving across national borders in ways that defy normal expectations of how things and people travel from Point A to Point B. Yet, whereas data transits the globe without any intrinsic ties to territory, the governments that seek to access or regulate this data operate with territorial-based limits. This Article tackles the inherent tension between how governments and data operate, the jurisdictional conflicts that have emerged, and the power that has been delegated to the multinational corporations that manage our data across borders as a result. It does so through the lens of ...


Competition Law Around The World From 1889 To 2010: The Competition Law Index, Anu Bradford, Adam S. Chilton Jan 2018

Competition Law Around The World From 1889 To 2010: The Competition Law Index, Anu Bradford, Adam S. Chilton

Faculty Scholarship

Competition laws have become a mainstay of regulation in market economies today. At the same time, past efforts to study the drivers or effects of these laws have been hampered by the lack of systematic measures of these laws across a wide range of years or countries. In this paper, we draw on new data on the evolution of competition laws to create a novel Competition Law Index (the “CLI”) that measures the stringency of competition regulation from 1889 to 2010. We then employ the CLI to examine trends in the intensity of competition regulation over time and across key ...


Competition Law Gone Global: Introducing The Comparative Competition Law And Enforcement Datasets, Anu Bradford, Adam S. Chilton, Chris Megaw, Nathaniel Sokol Jan 2018

Competition Law Gone Global: Introducing The Comparative Competition Law And Enforcement Datasets, Anu Bradford, Adam S. Chilton, Chris Megaw, Nathaniel Sokol

Faculty Scholarship

Competition law has proliferated around the world. Due to data limitations, however, there is little systematic information about the substance and enforcement of these laws. In this paper, we address that problem by introducing two new datasets on competition law regimes around the world. First, we introduce the Comparative Competition Law Dataset, which codes competition laws in 130 jurisdictions between 1889 to 2010. Second, we introduce the Comparative Competition Enforcement Dataset, which provides data on competition agencies’ resources and activities in 100 jurisdictions between 1990 and 2010. These datasets offer the most comprehensive picture of competition law yet assembled and ...


A Comparative Examination Of Counter-Terrorism Law And Policy, Laurent Mayali, John Yoo Dec 2017

A Comparative Examination Of Counter-Terrorism Law And Policy, Laurent Mayali, John Yoo

Laurent Mayali

This article conducts a comparative analysis of U.S. and European counter-terrorism law and policy. Recent attacks vy ISIS in the U.S., France, and Germany have revealed important differences between American and European approaches. Before September 11, 2001, the United States responded to terrorism primarily with existing law enforcement authorities, though in isolated cases it pursued military measures abroad. In this respect, it lagged behind the approach of European nations, which had confronted internal terrorism inspired vy leftwing ideology or separatist goals. But after the 9-11 attacks, the United States adopted a preventive posture that aimed to pre-empt terrorist ...


Vertical And Horizontal Perspectives On Rights Consciousness, David M. Engel Nov 2017

Vertical And Horizontal Perspectives On Rights Consciousness, David M. Engel

David M. Engel

It has become commonplace to assert that rights consciousness is expanding globally and that individuals worldwide demonstrate an increasing awareness of and insistence upon their legal entitlements. To marshal empirical support for such claims is, however, exceedingly complex. One important line of socio-legal research on rights consciousness adopts what might be called a “vertical” perspective, tracing the flow of legal norms and practices from prestigious international organizations and world centers of cultural production to local settings, where they may be adopted, resisted, or transformed. Vertical perspectives on rights consciousness have contributed new understandings of law in contemporary societies around the ...