Law Commons^™

Law School News: Melissa Dubose L'04 Confirmed To Federal District Court 3-12-2024, Suzi Morales

Life of the Law School (1993- )

No abstract provided.

The Trade Origins Of Privacy Law, Anupam Chander

Indiana Law Journal

The desire for trade propelled the growth of data privacy law across the world. Countries with strong privacy laws sought to ensure that their citizens’ privacy would not be compromised when their data traveled to other countries. Even before this vaunted Brussels Effect pushed privacy law across the world through the enticement of trade with the European Union, Brussels had to erect privacy law within the Union itself. And as the Union itself expanded, privacy law was a critical condition for accession.

But this coupling of privacy and trade leaves a puzzle: how did the U.S. avoid a comprehensive privacy …

Pooling And Exchanging Competitively Sensitive Information Among Rivals: Absolutely Illegal Not Just Unreasonable, Peter C. Carstensen, Annkathrin Marschall

University of Cincinnati Law Review

An agreement to exchange competitive sensitive information among rivalrous competitors usually results from an intent to inhibit or restrict the discretion of those firms to engage in competition. Basic economic logic about competition leads to that conclusion. Hence, such an exchange is in itself a naked agreement in restraint of trade without legal justification. Currently, case law requires a more convoluted and irrelevant inquiry into market definition and market power before a court can condemn such agreements. This is the result of ambiguous Supreme Court decisions as well as the recognition that in a few instances there are plausible arguments …

Law School News: For 30 Years: A Justice-Centered Mission 12-19-2023, Helga Melgar

Life of the Law School (1993- )

No abstract provided.

How Trade Liberalization And Labor Development Could Coincide In The Philippines, Aeneas Dr Hernandez, Brendan Emmanuel A. Miranda, Martin William P. Regulano, Andrae Jamal Tecson, Martin William P. Regulano, Ma. Ella Oplas, Tereso S. Tullao Jr, Winfred M. Villamil

Angelo King Institute for Economic and Business Studies (AKI)

As the world adapts to the rapid pace of globalization in the 21st century, countries ease trade restrictions by gradually removing tariffs and non-tariff barriers to incentivize the free flow of goods across nations. This prevalence of trade liberalization policies propelled policymakers and economists to investigate the relationship between trade reforms and economic outcomes including wage inequality around the world. They found that trade liberalization, on average, has had a positive impact on economic growth, but prior studies that examine the effects of trade liberalization on wage inequality in developing countries have found mixed results. Recently, Murakami (2021) examined the …

Turning The Tide: How To Harness The Americas Partnership For Economic Prosperity To Deliver An Isds-Free Americas, Daniel Rangel, Lori Wallach, Ladan Mehranvar, Alvaro Santos, Mario Osorio

Columbia Center on Sustainable Investment

During the Summit of the Americas in June 2022, U.S. President Joe Biden announced the launch of negotiations for an Americas Partnership for Economic Prosperity (APEP). The Biden administration hopes this initiative can rebuild relationships with countries in the region by increasing cooperation to address economic development and inequality, climate, and other challenges affecting the entire Western Hemisphere. To fulfill this vision and its associated goals, the participating countries must address the severe challenges posed by the investor-state dispute settlement (ISDS) regime and its escalating threats to the transition to a post-carbon society and the establishment of resilient public health …

Nuclear Powered International Commercial Shipping: A Note On The Greenest Solution And The Challenges Of International Regulation, Rebecca Mcreynolds

Environmental and Earth Law Journal (EELJ)

To meet the environmental demands imposed by the International Maritime Organization, the commercial shipping industry’s use of predominantly marine diesel fuel will need to change drastically. Current answers to these environmental concerns include the use of biofuels, battery packs, and liquified natural gas, but these are short-term solutions that will not fully meet environmental demands in the long run. Nuclear propulsion, however, is a tried-and-true resolution. The use of nuclear energy results in virtually no environmental impact and has successfully been used by the US Navy for the past 75 years. Unfortunately, the commercial use of nuclear propulsion is stalled …

Brief Of Administrative Law Scholars As Amici Curiae In Opposition To Petitioners' Request For Reversal, Jeffrey Lubbers

Amicus Briefs

Amici curiae are administrative law scholars from universities around the United States.

They are: • William D. Araiza, Professor of Law and Dean of Brooklyn Law School; • Blake Emerson, Professor of Law at UCLA School of Law; • Jeffrey Lubbers, Professor of Practice in Administrative Law at American University Washington College of Law; • Todd Phillips, Assistant Professor of Business Law at Georgia State University J. Mack Robinson College of Business; and • Beau Baumann, Doctoral candidate at Yale Law School.

Amici have a strong interest in how the Court’s decision will affect the field of administrative law and …

Cuban Protests In 2021: An Opportunity To Implement Alternatives To Sanctions, Barbara Jimenez

University of Miami Inter-American Law Review

The relationship between the United States and Cuba can be described as anything but simple. In fact, it is the intricacy of the relationship that inspired this Note. A key point in the complex relationship between the United States and Cuba was the United States’ decision to impose the embargo in 1962. Since 1962, Cuba’s relationship with the United States, and its allies, changed entirely. While the embargo poses an economic sanction, the United States, throughout the years, has placed sanctions on Cuban officials as a result of human rights violations in Cuba. Broadly, sanctions target the officials and freeze …

Trade, Globalism, And The American System, Johnny B. Davis

Helm's School of Government Conference - American Revival: Citizenship & Virtue

No abstract provided.

Comments On Federal Trade Commission Non-Compete Ban Proposed Rule, Matter No. P201200, Chaz D. Brooks

Articles in Law Reviews & Other Academic Journals

Within signed law professors and law students submitted this letter to the Federal Trade Commission, writing in their individual capacities, not as agents of their affiliated institutions, in support of the Federal Trade Commission’s proposed rule to ban most non-compete clauses (the “Proposal”) as an unfair method of competition.

This letter offers comments in response to areas where the FTC has requested public comment. To make our views clear, this letter contains the following sections: I. Summary of the Proposal; II. The Commission Should Consider Expanding Its Definition of Non-Compete Clauses to Prevent Employers from Requiring Workers to Quit Before …

Mitigating Zoonotic Disease Threats To Prevent Future Pandemics: A Critical Analysis Of Policy Favoring The Closures Of Wildlife Markets In Latin America, Melany J. Danielson

University of Miami Inter-American Law Review

The Preventing Future Pandemics Act was introduced to mitigate zoonotic disease threats around the world by focusing policy efforts on the closure of wildlife markets that gave rise to COVID–19. This Note challenges the efficacy of wildlife market closure policy by considering cultural, socioeconomic, and legal factors for the existence of wildlife market within megadiverse countries in Latin America. Based on scientific research on the animal-to-human interface and zoonotic disease transmission, this Note suggests effective policy should incorporate a targeted species ban for reservoir species, improved sanitary measures and disease surveillance, and wildlife trafficking prevention. Ultimately, this Note calls for …

United States Of America As The Global Steward, Grant Fuller

Liberty University Journal of Statesmanship & Public Policy

The principle of subsidiarity states that local communities are best equipped to govern most of their affairs. In an increasingly connected world, this idea gets contested frequently. Since World War II, the world has experienced relative peace due to U.S. precedence. Today, we see U.S. leadership challenged by global players like China, which is doing so in a manner that prioritizes their people and goals. In order to maintain relevance, the United States must revisit trade policy, monetary policy, fiscal policy, and national security policy.

Sb 74 - Amendments Regarding Discovery And Advertising Legal Services, Christopher J. Bridgers, Rebecca L. Sohnlein

Georgia State University Law Review

The Act allows for protective orders against the deposition of high‑ranking organizational officers when good cause exists. The Act also prevents the use of advertisements that misrepresent legal credentials in soliciting legal services and requires certain government officers and directors to maintain a designee for service of process on their respective websites.

Privacy Peg, Trade Hole: Why We (Still) Shouldn’T Put Data Privacy In Trade Law, Margot E. Kaminski, Kristina Irion, Svetlana Yakovleva

Publications

No abstract provided.

Law School News: Rewards Of The Road Less Traveled 10-13-2022, Michelle Choate

Life of the Law School (1993- )

No abstract provided.

Maritime Security And Threat Of A Terrorist Attack, Aniruddha Rajput

Pace International Law Review

The incidents of terrorism have multiplied and so have the routes through which the terrorists reach their targets. There is a threat of a terrorist attack from the sea route aimed at targets on the land. Until now the academic scholarship as well as treaty practice has focused on challenges of terrorism to the safety of navigation rather than terrorist threats originating from the sea. Efforts at treaty making in this direction in the past are inadequate to address the problem. This article analyses the legal framework within which response may be undertaken to neutralize a terrorist threat through preventive …

Big Data, Both Friend And Foe: The Intersection Of Privacy And Trade On The Transatlantic Stage, Gabrielle C. Craft

University of Miami International and Comparative Law Review

This Note analyzes the data privacy protection initiatives implemented by the European Union and the United States and their effects on international trade. As technology develops, the feasibility of data collection increases, allowing for the collecting of inconceivable amounts of data information. Consequently, this data includes personal information, thus implicating privacy concerns and the need for data privacy protection regulations. Data privacy focuses on the use and governance of personal data and how the data is gathered, collected, and stored. In 2018, the European Union enacted the General Data Protection Regulation (GDPR), which sets out highly stringent standards for how …

Rwu Law News: The Newsletter Of Roger Williams University School Of Law, Michael M. Bowden, Gregory W. Bowman, Brooklyn Crockton

Life of the Law School (1993- )

No abstract provided.

A New Framework For Digital Taxation, Reuven S. Avi-Yonah, Young Ran (Christine) Kim, Karen Sam

Law & Economics Working Papers

The international tax regime has wide implications for business, trade, and the international political economy. Under current law, multinational enterprises do not pay their fair share of taxes to market countries where profits are generated because market countries are only allowed to tax companies with a physical presence there. Digital companies, like Google and Amazon, can operate entirely online, thereby avoiding market country taxes. Multinationals can also exploit existing tax rules by shifting their profits to low-tax jurisdictions, thereby avoiding taxes in the residence country where their headquarters are located.

Recently, a global tax deal was reached to tackle these …

Law School News: Sanctions On Russia: Imperfect But Necessary 03-02-2022, Gregory W. Bowman

Life of the Law School (1993- )

No abstract provided.

A New Framework For Digital Taxation, Reuven S. Avi-Yonah, Young Ran (Christine) Kim, Karen Sam

Articles

The international tax regime has wide implications for business, trade, and the international political economy. Under current law, multinational enterprises do not pay their fair share of taxes to market countries where profits are generated because market countries are only allowed to tax companies with a physical presence there. Digital companies, like Google and Amazon, can operate entirely online, thereby avoiding market country taxes. Multinationals can also exploit existing tax rules by shifting their profits to low-tax jurisdictions, thereby avoiding taxes in the residence country where their headquarters are located.

Recently, a global tax deal was reached to tackle these …

Tax Harmony: The Promise And Pitfalls Of The Global Minimum Tax, Reuven Avi-Yonah, Young Ran (Christine) Kim

Articles

The rise of globalization has become a double-edged sword for countries seeking to implement a beneficial tax policy. On one hand, there are increased opportunities for attracting foreign capital and the benefits that increased jobs and tax revenue brings to a society. However, there is also much more tax competition among countries to attract foreign capital and investment. As tax competition has grown, effective corporate tax rates have continued to be cut, creating a “race-to-the-bottom” issue.

In 2021, 137 countries forming the OECD/G20 Inclusive Framework on BEPS passed a major milestone in reforming international tax by successfully introducing the framework …

Patents And Competition: Commercializing Innovation In The Global Ecosystem For 5g And The Internet Of Things, Thomas D. Grant, F. Scott Kieff

GW Law Faculty Publications & Other Works

Times are changing as our global ecosystem for commercializing innovation helps bring new technologies to market, networks grow, interconnections and transactions become more complex around standards and otherwise, all to enable vast opportunities to improve the human condition, to further competition, and to improve broad access. The policies that governments use to structure their legal systems for intellectual property, especially patents, as well as for competition—or antitrust—continue to have myriad powerful impacts and raise intense debates over challenging questions. This Chapter explores a representative set of debates about policy approaches to patents, to elucidate particular ideas to bear in mind …

Changemakers: Rewards Of The Road Less Traveled: Dylan Collins, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

A New Framework For Digital Taxation, Reuven S. Avi-Yonah, Young Ran Kim, Karen Sam

Utah Law Faculty Scholarship

The international tax regime has wide implications for business, trade, and the international political economy. Under current law, multinational enterprises do not pay their fair share of taxes to market countries where profits are generated because market countries are only allowed to tax companies with a physical presence there. Digital companies, like Google and Amazon, can operate entirely online, thereby avoiding market country taxes. Multinationals can also exploit existing tax rules by shifting their profits to low-tax jurisdictions, thereby avoiding taxes in the residence country where their headquarters are located.

Recently, a global tax deal was reached to tackle these …

China’S Entry Into The Wto—A Mistake By The United States?, Jennifer A. Hillman

Georgetown Law Faculty Publications and Other Works

The conclusion that China's accession to the WTO was a failure from a U.S. perspective stems from: 1) loading too many issues and expectations—including an entire panoply of national security and geostrategic concerns -- on to the WTO and its rules-based, binding dispute settlement system to address; 2) failure by the United States and the rest of the world to use the tools available as a result of China’s accession to the WTO to both protect their domestic markets and hold China to account for its WTO commitments; and 3) China’s U-turn away from market-economy reforms to a much more …

The Illegally Traded Elephant In The Room: Species Terrorism & Combating Illegal Wildlife Trade, Áine Dillon

Pace International Law Review

The illegal wildlife trade has been a dilemma for decades

and remains prevalent globally – international intervention is

required now. While most countries participate in the Convention

on International Trade in Endangered Species of Wild

Fauna and Flora (“CITES”), not all countries have the same approaches

to combating the illegal wildlife trade. Unique approaches

can be beneficial because each illegally traded species

requires a different response, and countries with limited resources

can also participate. However, the lack of a unified response

hinders the global fight against the illegal wildlife trade.

While traditional methods to combat crime, such as passing

laws, …

Metaphors Of International Law, Harlan G. Cohen

Scholarly Works

This chapter explores international law in search of its hidden and not-so-hidden metaphors. In so doing, it discovers a world inhabited by states, where rules are mined or picked when ripe, where trade keeps boats forever afloat on rising tides. But is also unveils a world in which voices are silenced, inequality is ignored, and hands are washed of responsibility.

International law is built on metaphors. Metaphors provide a language to describe and convey the law’s operation, help international lawyers identify legal subjects and categorize situations in doctrinal categories, and provide normative justifications for the law. Exploring their operation at …

23rd Annual Open Government Summit: Access To Public Records Act, Open Meetings Act Powerpoint Presentation 07-30-2021, Office Of Attorney General State Of Rhode Island, Peter F. Neronha

School of Law Conferences, Lectures & Events

No abstract provided.