Law Commons^™

The Exchange Of Recognition And Enforcement Of Foreign Judgments Between Saudi Arabia And The United States, Ibrahim Saleh Aloraini

Maurer Theses and Dissertations

Saudi Arabians and Americans face challenges when they seek to enforce judgments in each other’s country courts because of the absence of international conventions on recognition and enforcement of foreign country money judgments. The lack of such conventions impacts the aggrieved party interest for businesspeople and individuals from both countries, and no research has been found that discusses an agreement between the two counties on foreign judgments. Therefore, this dissertation focuses on the challenges parties face when they desire to enforce a judgment either in Saudi Arabia or the U.S. The study examines the laws that govern foreign country money …

A Comparative Perspective On Safe Third And First Country Of Asylum Policies In The United Kingdom And North America: Legal Norms, Principles And Lessons Learned, Susan M. Akram, Elizabeth Ruddick

Faculty Scholarship

Wealthy refugee-receiving countries across the global north have recently been experimenting with systems that they believe will allow them lawfully to remove or turn back asylum-seekers reaching their borders, without considering their claims for international protection. These include the Trump administration's Asylum Cooperation Agreements (ACAs), the United Kingdom's Nationality and Borders Act, and the recent amendments to Denmark's Aliens Act that will allow asylum-seekers to be transferred to third countries for processing. Although these systems have many important differences, they rest on a shared premise that neither the Refugee Convention nor international, regional or domestic human rights laws prohibit such …

There Are Limits To The American Renaissance Over Ukraine, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Biological Patent Thickets And Delayed Access To Biosimilars, An American Problem, Rachel Goode, Bernard Chao

Sturm College of Law: Faculty Scholarship

Our study seeks to determine whether patent thickets covering biologic drugs are responsible for delayed biosimilar market entry. We compare patent assertions against the same biosimilar drugs across three countries. On average nine to twelves times more patents were asserted against biosimilars in the United States than in Canada and the United Kingdom. Biosimilars also enter the Canadian and UK markets more quickly than they do in the United States following regulatory approval. Later market entry is not a problem when the brand name drug company is asserting high quality patents (i.e. patents covering significant advances). Consequently, we drilled down …

Ukrainians Are Fighting And Dying To Defend Their Homes. Could I Do The Same?, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

A Constitutional Theory Of Territoriality: The Case Of Puerto Rico, Joel Colón-Ríos, Yaniv Roznai

Cleveland State Law Review

This Article offers an analysis of the relationship between Puerto Rico and the United States that, unlike most of the existing literature, goes beyond discussions of the jurisprudence of U.S. courts and avoids providing merely descriptive or justificatory accounts. Using the tools of constitutional theory, we seek to describe the nature of what we call the “basic structure of territoriality,” the way that structure reproduces itself, and the possibility of its replacement. The basic structure of territoriality, we argue, is comprised by ten fundamental legal rules and five principles. Although those principles are not legally enforceable, they inform in important …

What Does The Jan. 6 Committee Hope To Learn From Sen. Doug Mastriano?, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Ending Demand For Modern-Day Slavery: An Analysis Of Human Trafficking In The Global Marketplace, Rachel Leach

Indiana Journal of Global Legal Studies

The purpose of this paper is to inform readers of the prevalence of and increasing demand for human trafficking, both domestically and globally, and to propose necessary next steps governments must take in order to end the demand for such human exploitation. This paper will closely analyze the issue of trafficking humans for sex and labor within the Western Hemisphere and throughout Asia by using the United States and China as primary case studies. These case studies analyze the specific actions or inactions taken by the United States and Chinese governments to combat modern day slavery, as well as the …

Why Do Pa. Courts Have A Say On Mail-In Voting? They Probably Shouldn't, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

How The U.S. Supreme Court Is Inviting The Senate To Scrap The Filibuster, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Promising Trail Or Perilous Trap? Engaging China In The Wto And Beyond, Henry S. Gao

Research Collection Yong Pung How School Of Law

How to deal with China? This is the biggest question confronting U.S. trade policy - or even the United States' entire foreign policy - today. Over the past few years, the debate on this important issue has benefited from the contributions of many trade law scholars, including those by Mark Wu, Jennifer Hillman, Petros Mavroidis, André Sapir, Rob Howse, Weihuan Zhou, and the present author. In Governing the Interface of U.S.-China Trade Relations, Gregory Shaffer offers refreshing insights. Building on the framework developed by the U.S.-China Trade Policy Working Group, of which he is a member, Shaffer further adjusts the …

China's Regulatory Crackdowns And U.S.-China Trade And Investment Relations, Henry S. Gao

Research Collection Yong Pung How School Of Law

China's regulatory crackdowns have affected U.S. and Chinese companies, but protectionist trade policies implemented by the Trump administration and continued by the Biden administration have severely restricted the ability of the U.S. government to protect U.S. businesses in the Chinese market. Unless the U.S. government changes course, American companies will be increasingly less able to address perceived wrongs in Chinese government policies and will be placed at a significant economic disadvantage in much of Asia.

The Big Lie Is Undermining Our Democracy. Both Parties Need To Defeat It, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Revengence Taken: Russian Active Measures And Our Entrenched Racial Divide, Erin Berhan

University of Miami Race & Social Justice Law Review

Our racial divide has always been a national security threat. An early observer of our American project, Alexis de Tocqueville, wrote about this threat to our future union in “Democracy in America,” learned by merely travelling the young nation thirty years before our Civil War.1 Despite generations of societal and legal evolution, our nation has not overcome the wounds and disabilities that our racial divide left behind — now ripe for modern security threats. In 2019, the United States Senate Select Committee on Intelligence released Volume II of their years long investigation into Russian Active Measures of interference with our …

Sure, Things Seem Bad. But There Are Some Reasons To Be Cheerful In 2022, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

On Controlling The Supreme Court: Is There A Future For American Law?, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Locating The Law : A Handbook For Non-Law Librarians, Elizabeth Caulfield, Southern California Association Of Law Libraries. Committee On Public Access To Legal Information.

AALL Legal Website of the Month

The Committee of the Southern California Association of Law Libraries (SCALL) made accessible a revised version of their comprehensive legal reference resource Locating the Law: A Handbook for Non-Law Librarians, 6th ed. The handbook provides ready access to a reliable legal research reference resource to assist you in reading legal citations and how to conduct legal research.

El Juicio Político O Impeachment En Los Estados Unidos, Robert S. Barker

Barker Papers

SUMARIO: I. El origen ingles - II. La constitucion de los estados unidos.- 111. El primer caso: el caso Blount.- IV. El caso Chase. - V. El caso Johnson. - VI. El caso Belknap. - VII. La controversia Watergate, 1972-197 4. - VIII. Los casos Clinton y Trump. - IX. Los ca sos contra jueces de tribunales federales inferiores, 1873-2010. - X. El caso Walter Nixon. - XI. Cuestiones no resueltas. - XII. Conclusion. - XIII. Bibliografia.

SUMMARY: I. The English origin - II. The Constitution of the United States.- 111. The first case: the Blount case.- IV. The Chase …

This Earthly Frame: The Making Of American Secularism, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.”

Beyond Compulsory Licensing: Pfizer Shares Its Covid-19 Medicines With The Patent Pool, Chenglin Liu

Faculty Articles

On March 15, 2022, the United States, European Union, India, and South Africa reached an agreement on the waiver of intellectual property rights (IP rights) for COVID-19 vaccines. The waiver agreement has rekindled the debate on the balance between IP rights protection and equitable access to medicines during a public health crisis. India, South Africa, and other developing countries maintain that a waiver was the only way to make vaccines affordable and accessible. Leading pharmaceutical companies argue that the waiver will stifle innovation and make lifesaving medicines less accessible. Both sides have seemingly overlooked Pfizer's voluntary agreement with the Medicines …

Preventing Maternal Deaths: A Critical Feminist Approach To Maternal Mortality In The United States, Jemalyn Harvey

Saint Louis University Journal of Health Law & Policy

With roughly 700 women dying each year as a result of pregnancy and/or delivery complications, the United States has the highest rate of maternal deaths in the developed world. As each year passes, the maternal death rate continues to increase, despite the fact that sixty percent of these deaths are preventable. Factors such as quality care, receiving accurate and timely medical diagnoses, and recognizing urgent maternal warning signs all contribute to the preventability of deaths and why women, particularly women of color, so often fall victim to this tragic phenomenon. As an effort to address maternal death in the United …

'Are We Doing The Right Thing?' Utilising Security Governance To Reform The Us Drone Program, Jane Minson

Theses

The use of unmanned aerial vehicles, or drones, for counterterrorism purposes by the United States within its targeted killing program has been deeply controversial. Used in each presidential administration since the terrorist attacks of September 11, 2001, drones have sparked debate, in part due to their contribution to civilian deaths; their killing of high-value terrorist targets including, on at least one occasion, a US citizen; and the heightened secrecy that has surrounded the program with little formal oversight and, as such, little accountability. This thesis uses this contextual framework – with a particular focus on the administration of President Barack …

Distracted Walking, Michael L. Smith

Faculty Articles

Throughout the United States and across the world, cities are enacting bans on "distracted walking." These bans target cell phone users who cross the street while using a telephone. Doing so in certain cities may result in a fine, community service, or even jail. Drawing inspiration from municipalities, lawmakers in several states have proposed similar statewide legislation. Pushback against these measures is rare-as many people have either directly, or indirectly, experienced the slow and oblivious behavior of "smartphone zombies."

This Article surveys these laws and demonstrates that the science is, at best, mixed on whether device usage results in distraction …

Respecting The Identity And Dignity Of All Indigenous Americans, Bill Piatt

Faculty Articles

The United States government attempted to eliminate Native Americans through outright physical extermination and later by the eradication of Indian identity through a boarding school system and other "paper genocide" mechanisms. One of those mechanisms is the recognition of some Natives but not the majority, including those who ancestors were enslaved. The assistance provided to recognized tribes by the government is inadequate to compensate for the historical and continuing suffering these people endure. And yet the problem is compounded for those unrecognized Natives whose ancestors were enslaved and whose tribal identity was erased. They are subjected to a double-barreled discrimination. …

The Faces Of War: Reintroducing Women's Narratives In War, Robin Makena Peterson

CMC Senior Theses

Women take part in every war, but their accomplishments are mostly unacknowledged in the thousands of war stories told in the aftermath which tend to valorize men’s contributions as political leaders and soldiers. This erasure of women’s experience’s and agency in war holds true for war in Afghanistan, as well. This thesis identifies the gendered narratives told in books, movies, television shows, and the media but then offers, in contrast, narratives of Afghan and American women’s action during the forty years of war in Afghanistan. By sharing and contextualizing women’s stories, this paper strikes a blow against women’s erasure from …

Intangible Justice? Intellectual Property Disputes And Canadian Small Claims Courts, Anthony D. Rosborough, Reagan Seidler

Articles, Book Chapters, & Popular Press

This article investigates the jurisdiction and institutional competence of Canadian small claims courts and tribunals with respect to complex claims, and in particular, intellectual property (IP) claims. Recent research points to an increase in these types of claims. A doctrinal analysis finds small claims bodies have wide jurisdiction over intellectual property infringement, contract, and licensing disputes. They can also rule on issues of validity, though they cannot affect registrations in the databases of the Canadian Intellectual Property Office. Remedies including damages, accountings, and the recovery of infringing goods are available in many provinces. As to their capacity, the article assesses …

The Roots Of Collapse: Imposing Constitutional Governance, Catherine Baylin Duryea

Faculty Publications

The foundational assumption of constitutional governance poses a conundrum for contemporary state-builders: a constitution heavily influenced by foreigners does not represent the views of the governed. Can a modern state-building effort foster democratic institutions when the new government reflects foreign? Nowhere was this tension more apparent than in Afghanistan, where the United States and the United Nations were heavily involved in drafting the 2004 Constitution. They shaped the process from the initial framework to the final, frenzied approval. Foreigners were engaged at both the procedural level—determining how the negotiations would occur and who would participate—and at the substantive level—providing input …

Why Secular Society Desperately Needs The Recognition Of Religious Holidays, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

How Should The Law Adjust To The Rittenhouse Verdict?, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

The Flag Can Travel But The Constitution Must Ask Permission: How The First Circuit And The District For Puerto Rico Commit To Equal Protection Without Abandoning The Insular Cases Doctrine, Alejandro J. Anselmi González

University of Miami Inter-American Law Review

For American citizens, one of the most important safeguards guaranteed by the Constitution of the United States is the equal protection of the law. The United States prides itself on the doctrine and jurisprudence of equal protection because of the social progression achieved since the end of the Civil War. The Reconstruction Amendments to the Constitution eliminated the institution of slavery and were supposed to guarantee equal civil and legal status to all citizens. The Constitution, however, has not been consistently interpreted in this way since the end of the Spanish-American War in 1898. The nation emerged from this conflict …