Law Commons^™

Pembaharuan Hukum Atas Hak Cipta Di Indonesia, Lucky Adhandani

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Copyright in this era of globalization is an important commodity for international trade, but violation in copyright in Indonesia still very high, for the good legal guarantees for copyright holders and related rights holders, this legal reform is a matter the important thing is to be able to explain legal reform, The author in this case takes a review of sociological jurisprudence as a basis for researching legal reform. With interdisciplinary research methods, the sociological jurisprudence sees law not merely as a normative phenomenon but at the same time normative and sociological phenomena, because the reality of law in society …

The Limits Of Legal Evolution: Knowledge And Normativity In Theories Of Legal Change, Liam Mchugh-Russell

PhD Dissertations

Over the last forty years, legal theory and policy advice have come to draw heavily from an ‘evolutionary’ jurisprudence that explains legal transformation by drawing inspiration from the theoretical successes of Darwinian natural selection. This project seeks to enrich and critique this tradition using an analytical perspective that emphasizes the material consequences of concepts and ideas. Existing theories of legal evolution depend on a positivist epistemology that strictly distinguishes the objects of social life — interests, institutions, systems — from knowledge about those objects. My dissertation explores how knowledge, and especially non-legal expertise, acts as an independent site and locus …

Against Criminalization: Gender, Activism, And The Pursuit Of Justice, Chi Adanna Mgbako, Jeanne Flavin, Sapana Anand

Posters

Maloney Library lecture series, Behind the Book

A Case Of Motivated Cultural Cognition: China's Normative Arbitration Of International Business Disputes, Pat K. Chew

Articles

The centuries-old conception of judges and arbitrators as highly predictable and objective is being dismantled. In its place, a much more textured, complicated, and challenging understanding of legal decision-making is being constructed. New research on “Motivated Cognition” demonstrates that judges and arbitrators are more human than mechanical, pouring themselves – and the cultural and institutional contexts within which they act – into their decision making. This article extends the emerging model of Motivated Cultural Cognition, a form of Motivated Cognition, to the global stage, investigating arbitration of business disputes between two world-powers: United States and China. Through a first-of-its-kind empirical …

Opening The Red Door To Chinese Arbitrations: An Empirical Analysis Of Cietac Cases (1990-2000), Pat K. Chew

Articles

This article reveals evidence-based details of the China International Economic and Trade Arbitration Commission (CIETAC) arbitral proceedings (1990-2000), allowing unprecedented insights into Chinese international business arbitration. It begins by confirming the prominence of Chinese foreign trade and foreign investment in the global economy and CIETAC’s critical role in securing that prominence. Among other results, the empirical study of CIETAC awards finds: (i) the parties were of diverse nationalities, most commonly with disputes between a Chinese party and a foreign party; and (ii) the majority of cases were sales and trade disputes, although a sizable number were investment/joint venture disputes. Regarding …

White Slavery In The Northwoods: Early U.S. Anti–Sex Trafficking And Its Continuing Relevance To Trafficking Reform, Bonnie Shucha

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

No abstract provided.

Bird In A Cage: Chinese Law Reform After Twenty Years, Stanley Lubman

Stanley Lubman

When I wrote in 1979, it was easy to summarize the state of Chinese legal institutions because they were so sparse. Although a judicial system had been created on the Soviet model in the 1950s, it had been politicized by the end of that decade after a brief period of liberalization, and then further wrecked by the Cultural Revolution. A new period of institution-building began in 1979; reconstruction of the courts began and the law schools, closed for a decade, reopened. Most fundamentally, the policies of the Chinese leadership seemed to promise, as I noted then, "attempts to conceptualize and …

The Copyright Principles Project: Directions For Reform, Pamela Samuelson

Pamela Samuelson

Evaluates the impact of the Copyrights Principles Project (CPP) 2007, which argues that US copyright law has to adapt to modern technological advances. Suggest that current copyright law does not serve well those it is trying to protect. [IBSSMB]

Corporate Social Responsibility & Concession Theory, Stefan J. Padfield

William & Mary Business Law Review

This Essay examines three related propositions: (1) Voluntary corporate social responsibility (CSR) fails to effectively advance the agenda of a meaningful segment of CSR proponents; (2) None of the three dominant corporate governance theories—director primacy, shareholder primacy, or team production theory—support mandatory CSR as a normative matter; and, (3) Corporate personality theory, specifically concession theory, can be a meaningful source of leverage in advancing mandatory CSR in the face of opposition from the three primary corporate governance theories. In examining these propositions, this Essay makes the additional claims that Citizens United: (A) supports the proposition that corporate personality theory matters; …

The Underutilized Foreign Investor, Griffin Weaver

Griffin Weaver

For most states, if not all, the push for economic advancement is at the front of every administration’s agenda. This is especially true for developing countries in the Middle East whose standard of living and international power is largely tied to its economic condition. An important indicator, if not condition, of a state’s economic health is the level of foreign direct investment (FDI) received by the state. This inflow of money is essential for the growth and stability of a state’s economy. As one U.S. official once noted, the United States “need[s] a net inflow of capital of $3 billion …

The Social Construction Of Brown: Law Reform And The Reconstructive Paradox, Richard Delgado, Jean Stefancic

Richard Delgado

No abstract provided.

Dostoevsky V. The Judicial Reforms Of 1864: How And Why One Of 19th Century Russia’S Greatest Writers Mercilessly Criticized The Nation’S Most Successful Reform, Brian Sc Conlon

Brian SC Conlon

The legal reforms of 1864 marked a shift in Russian legal culture from an amorphous, corrupt, pre-modern system of procedure, structure and customary law to an independent, modern and westernized system as liberal as any nation of Europe or North America. These reforms were nearly universally lauded by legal and cultural critics, both at the time they were introduced and in historical accounts. Despite the apparent necessity and success of the new courts, one of the leading figures in 19th Century Russian literature (and indeed the history of world literature), Fyodor Mikhailovich Dostoevsky, continually criticized the new system in both …

Debunking The Myth Of Civil Rights Liberalism: Visions Of Racial Justice In The Thought Of T. Thomas Fortune, 1880-1890 Symposium: The Lawyer's Role In A Contemporary Democracy: Promoting Social Change And Political Values, Susan Carle

Articles in Law Reviews & Other Academic Journals

This essay addresses the development of American understandings of the various roles of lawyers in building democracy by focusing on legal reform efforts in the American civil rights movement. In recent years, the supposed achievements of that movement have come under attack as part of a critique of the ideology of legal liberalism. That critique argues that civil rights lawyers and other activists too greatly emphasized court-focused strategies aimed at achieving what would turn out to be Pyrrhic "civil" rights victories-i.e., gains solely in "formal" equality through requirements enshrined in law as to how the state must treat its citizens.

Debunking The Myth Of Civil Rights Liberalism: Visions Of Racial Justice In The Thought Of T. Thomas Fortune, 1880-1890 Symposium: The Lawyer's Role In A Contemporary Democracy: Promoting Social Change And Political Values, Susan D. Carle

Susan D. Carle

Barriers To Access To Abortion Through A Legal Lens, Jocelyn Downie, Carla Nassar

Articles, Book Chapters, & Popular Press

In addressing whether the procedure for obtaining abortions was operating equitably across Canada, the 1977 Badgley Report concluded that for many women, access to abortion was “practically illusory.” Sadly, although abortion on request became legally permissible for Canadian women in 1988, access to a safe and legal abortion remains practically illusory for many women today. A woman seeking an abortion in Canada must overcome numerous barriers. She must find a way to secure for herself some of the limited resources that our health care system provides for abortion. She must also expend her own, often scarce, personal resources: her time, …

Russia's Criminal Procedure Code Five Years Out, William Burnham, Jeffrey D. Kahn

Faculty Journal Articles and Book Chapters

After a long delay in drafting, a new Criminal Procedure Code for Russia was passed in 2001 and went into effect in 2002. The new Code contains some striking innovations, most notably changes at the trial stage, which implement the constitutional requirements of adversarial principles. However, it also retains several throwbacks to the past, particularly its preservation of the formal pretrial investigation, during which evidence is parsed and collected in a dossier, which then dominates the trial of the case. The result is that old and new constantly contend with each other. Implementation of the new adversarial procedures is also …

Lessons From The Rise And (Possible) Fall Of Chinese Township-Village Enterprises, Brett H. Mcdonnell

William & Mary Law Review

No abstract provided.

The U.S.-China Rule Of Law Initiative, Paul Gewirtz

William & Mary Bill of Rights Journal

No abstract provided.

Putting The Plaintiff Class' Needs In The Lead: Reforming Class Action Litigation By Extending The Lead Plaintiff Provision Of The Private Securities Litigation Reform Act, Kendra S. Langlois

William & Mary Law Review

No abstract provided.

An Economic Analysis Of The Private Securities Litigation Reform Act: Auctions As An Efficient Alternative To Judicial Intervention, Charles H. Gray

William & Mary Law Review

No abstract provided.

The Failure Of Words: Habeas Corpus Reform, The Antiterrorism And Effective Death Penalty Act, And When A Judgment Of Conviction Becomes Final For The Purposes Of 28 U.S.C. 2255(1), Benjamin R. Orye Iii

William & Mary Law Review

No abstract provided.

Congressional Power Over Presidential Elections: Lessons From The Past And Reforms For The Future, Dan T. Coenen, Edward J. Larson

William & Mary Law Review

No abstract provided.

On Revolution And Wetland Regulations, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Russian Compliance With Articles Five & Six Of The European Convention Of Human Rights As A Barometer Of Legal Reform & Human Rights In Russia, Jeffrey D. Kahn

Faculty Journal Articles and Book Chapters

This Note examines two of Russia's obligations under the European Convention on Human Rights (ECHR): the Article 5 right to liberty and security, and the Article 6 right to a fair trial to gauge Russian compliance with European human rights norms. These articles lie at the heart of systematic legal reform in the Russian Federation. This Note defends the thesis that the agonizingly slow progress of judicial reform and the advancement of human rights in Russia is a function of the inevitable lag of conceptual norms behind institutional reform. Part I explores the weak place of the rule of law …

Bankruptcy Reform: Does The End Justify The Means?, A. Mechele Dickerson

Faculty Publications

No abstract provided.

The Civil Asset Forfeiture Reform Act Of 2000 And The Prospects For Federal Sentencing Reform, Barry L. Johnson

Barry L. Johnson

No abstract provided.

Book Review Of Unwanted Sex: The Culture Of Intimidation And The Failure Of Law, Susan Grover

Faculty Publications

No abstract provided.

Bird In A Cage: Chinese Law Reform After Twenty Years, Stanley Lubman

Northwestern Journal of International Law & Business

When I wrote in 1979, it was easy to summarize the state of Chinese legal institutions because they were so sparse. Although a judicial system had been created on the Soviet model in the 1950s, it had been politicized by the end of that decade after a brief period of liberalization, and then further wrecked by the Cultural Revolution. A new period of institution-building began in 1979; reconstruction of the courts began and the law schools, closed for a decade, reopened. Most fundamentally, the policies of the Chinese leadership seemed to promise, as I noted then, "attempts to conceptualize and …

The Role Of The United States Sentencing Commission In The Reform Of Sentencing Procedures, Barry L. Johnson

Barry L. Johnson

No abstract provided.

The Constitution As An Obstacle To Government Ethics - Reformist Legislation After National Treasury Employees Union, George D. Brown

William & Mary Law Review

No abstract provided.