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Muzaffer Eroğlu, Matthias Finger, And Emin Köksal (Ed.), The Economics And Regulation Of Digitalisation: The Case Of Türkiye, Routledge 2024, 296 P., Hanna Stakheyeva

Yearbook of Antitrust and Regulatory Studies

In an age where digital transformation profoundly influences governance, commerce, and public policy, The Economics and Regulation of Digitalisation: The Case of Türkiye presents a timely and authoritative examination of Türkiye’s evolving digital ecosystem. Edited by Muzaffer Eroğlu (Boğaziçi University), Matthias Finger (İTÜ), and Emin Köksal (Bahçeşehir University), this multidisciplinary volume offers a rigorous analysis of digitalisation processes across diverse sectors—including infrastructure, FinTech, and social media—while critically addressing Türkiye’s legal and regulatory responses, particularly in the realm of competition law in digital markets. What sets this work apart is its dual focus: it positions Türkiye within broader global digital trends …

"Cross-Country Pollination: Competition Law Systems In Eastern Europe" Conference In Florence, 13 December 2024, Pauliina Scarabattoli

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

The First Competition Law Association In Bulgaria – Activity Report In 2024, Ekaterina Rousseva

Yearbook of Antitrust and Regulatory Studies

Activity report 2024

Europeanization Of Georgian Competition Law, Zurab Gvelesiani

Yearbook of Antitrust and Regulatory Studies

This case comment examines a landmark decision by the Georgian Competition and Consumer Agency (hereinafter, “GCCA”; “the Agency”) concerning coordinated pricing among major pharmaceutical distributors in Georgia’s state-funded oncology medication program. The GCCA found that four leading companies – Aversi Pharma, PSP, Gepha, and Mermisi – repeatedly submitted identical price offers in a closed procurement portal, in violation of Article 7 of the Georgian Law on Competition, which prohibits restrictive agreements. The agency’s findings were based on indirect economic evidence, including the statistical improbability of such pricing alignment across 88 instances, ultimately leading to fines exceeding 53 million GEL. The …

Table Of Contents

Yearbook of Antitrust and Regulatory Studies

Table of Contents

Editorial Foreword, Agata Jurkowska‑Gomułka

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

Poverty, Fresh Starts, And The Social Safety Net, Michelle Lyon Drumbl

Scholarly Articles

For decades low-income families have relied on the filing of individual income tax returns to claim critical social welfare benefits in the form of refundable tax credits, most notably the Earned Income Tax Credit and the Child Tax Credit. But what happens to those families when the social safety net is not enough to meet their financial obligations, and they must seek a fresh start by filing for bankruptcy?

This Article, at the intersection of tax law, bankruptcy law, and the social safety net, examines the ways in which state bankruptcy laws treat refundable tax credits when an individual debtor …

Identifying The Guilty, Protecting The Innocent: Amending The Federal Rules Of Evidence To Address Admissibility Of Eyewitness Identification, Louisa M. A. Heiny

University of Michigan Journal of Law Reform

Mistaken eyewitness identification is among the most common factors in wrongful conviction cases. Indeed, hundreds of innocent defendants have been convicted for a crime they did not commit, their fate sealed by an eyewitness who convincingly, but mistakenly, testified, “That’s the one!”

Scientific researchers have documented the fallibility of eyewitness identification for decades. Their collective work has produced recommendations for eyewitness identification reform, focusing on procedural problems most likely to result in mistaken identification. The law in this area, however, has not kept pace with the science. Rather than representing a cohesive series of safeguards against inaccurate eyewitness identifications, federal …

Discussing The Effectiveness Of Capital Punishment And Florida's Sentencing Change From Unanimous To Eight Juror Majority, April Feeser

Nova Law Review

No abstract provided.

Kansas, Elizabeth Ford

Thin Blue Advantage: Police Exceptionalism and the Two-Tier System of Public Sector Collective Bargaining

The Kansas system of public sector collective bargaining grants very limited rights to bargaining to both police and non-police units. In particular, the Kansas Public Employer Employee Relations Act (PEERA) sets the scope of bargaining very narrowly, and Kansas Public Employee Relations Board (PERB) construes its own authority to order bargaining even more narrowly. For those reasons, there are very few PERB decisions and even fewer that deal with the scope of bargaining. Of the bargaining decisions that exist, most are in the police or firefighter context, which may be an indication that the Board is more likely to order …

Ziada V. Netherlands: Accountability Of State Officials In The European Court Of Human Rights, Mckenzie Gallagher

Human Rights Brief

In 2014, a Dutch Palestinian man, Mr. Ismail Ziada, lost six close family members in an Israeli airstrike labeled “Operation Protective Edge,”—a seven weeklong military offensive, waged by the Israeli defense forces (“IDF”) in the Gaza Strip. The family’s home, which was destroyed as a result of the attacks, was situated within the Al-Burej refugee camp. Shortly thereafter, the United Nation General Assembly established these attacks on civilians and civilian infrastructure were orchestrated by senior military officials, and strongly indicated the acts constituted a commission of war crimes in violation of international humanitarian law, international human rights law, and international …

The “Gray Zone”: Safeguarding Diplomatic Premises From Attacks By Third Countries, Tim Streit

Human Rights Brief

Diplomatic inviolability is a key norm in international law which guarantees that a state receiving a diplomatic mission from another state will not intrude on the mission’s physical premises and will protect them from any invasion or damage. The concept predates even Hugo Grotius, the so-called “father of international law,” who in his own works referenced it as established practice in the diplomatic community. The receiving state’s obligations towards diplomatic missions in its territory were solidified in the Vienna Convention on Diplomatic Relations in 1961. The same principles were later reiterated in the Vienna Convention on Consular Relations.4 Both treaties …

Vulnerability In The Law, Sara Aziz, Aisli Ali, Casey Williams, Lindsey Nye, Saya Khandhar, Sofia Bazdekis

Human Rights Brief

On Monday, February 24, 2025, the Human Rights Brief (“the Brief”) at American University Washington College of Law (“WCL”) held its annual spring symposium with the theme of “Vulnerability in the Law.” This year’s theme aimed to highlight areas where legal systems fall short in protecting vulnerable populations, as well as highlighting where the law itself is vulnerable. The symposium was organized by Symposium and Education Editor Sara Aziz, in collaboration with the Junior Symposium Staff: Asli Ali, Casey Williams, Lindsey Nye, Saya Khandhar, and Sofia Bazdekis. The team worked relentlessly to coordinate panels on legal issues, including technology, environmental …

The Witchcraft Act And The Cost Of Inaction: Afchpr On The Persecution Of Persons With Albinism, Aly Orvis

Human Rights Brief

On February 5, 2025, the African Court on Human and Peoples’ Rights (“AfCHPR”) issued a landmark ruling in Centre for Human Rights and Others v. United Republic of Tanzania, holding that Tanzania had violated the rights of persons with albinism (“PWA”) by failing to protect them from systematic discrimination, violence, and ritual killings. The applicants, a human rights organization advocating for PWA, argued that the Tanzanian government’s inaction and weak legal framework fostered an environment of impunity for attacks against PWA, including violations of Article 2, the right to non-discrimination, of the African Charter on Human and Peoples’ Rights (“ACHPR”). …

Femicide Is A Human Rights Violation, Not A Cultural Consequence: Why Nigeria Is Violating The Maputo Protocol, Bolu Jegede

Human Rights Brief

Femicide, the most extreme form of gender-based violence, is the intentional killing of women simply because they are women. It is driven by harmful societal norms, such as oppressive gender roles, systemic discrimination towards women and girls, and gender power imbalances. Femicide is a universal problem but gaps in data on this issue mask the true scale of violence. For the first time since 2013, when the UNODC began publishing regional estimates, Africa surpassed Asia as the region with the highest number of victims.

Quota Reform, Repression, And The Fight For Human Rights In Bangladesh, Noreen Tareque

Human Rights Brief

On June 5, 2024, the High Court of Bangladesh ruled against the government’s decision to cancel the country’s quota system, stating that the decision to cancel the system in 2018 was invalid. This meant the country would go back to using the quota system to assign government jobs to students after they had completed their higher education. The quota system established that 30% of Bangladesh’s government jobs were reserved for the children and family members of freedom fighters who lost their lives during the Bangladesh Liberation War of 1971 against Pakistan.  Additionally, the quota system reserved 10% for women affected …

Imperfect Justice: Gaps In The Icc’S Reparations And Victim Participation, Alyssa Price

Human Rights Brief

The International Criminal Court (ICC) made substantial efforts to establish a court system that is more inclusive and supportive of victims. Notably, the ICC provides victims with opportunities for active participation in the judicial process—far more extensive than most domestic courts—ensuring that victims have a voice. However, the mechanisms the ICC employs for victim reparations lack effectiveness. These reparations often prove logistically challenging to implement and fail to address victims’ specific and diverse needs. Consequently, this limitation threatens the ICC’s reputation as a protector of victims’ rights. By collaborating with other United Nations (UN) organizations, private corporations, and individuals, the …

Netchoice, Regulatory Competition, And The Real Battle Behind Social Media Regulations, Tao Huang, Assistant Professor Of Law

Vanderbilt Journal of Entertainment & Technology Law

Regulating online social media platforms has been a fiercely debated issue for years. The NetChoice case decided by the US Supreme Court 2023 Term arises from a circuit split regarding Florida and Texas laws that regulate social media content moderation. Most discussions on regulation of social media content moderation have focused on whether social media platforms are speakers (editors) or carriers (conduits), and whether their moderation practice constitutes editorial judgment (i.e., protected speech). This Article argues that this framing of the debate ignores another more important role of social media platforms—as regulators. Platforms, when they enact and enforce their content …

Musical Chairs: Vertical Antitrust Should Prevail Over Congressional Payola Prohibitions To Protect Musicians, Maria Stevenson

The University of Chicago Business Law Review

The music industry is highly concentrated at multiple stages along the production chain between the Big Three music group conglomerates (Universal, Sony, and Warner) and the three largest streaming services (Spotify, Apple, and YouTube). The Big Three and the streaming services have extensive vertical arrangements, from the Big Three having ownership stakes in the largest streaming services to their contracts for the streaming services’ algorithms to prioritize Big Three artists. This resembles historical radio era payola arrangements. This double layer of market concentration and the arrangements between music production and distribution primarily harm musicians, who lack the bargaining power to …

(D)Evolution Of International Commercial Arbitration In Mexico, Edwin N. Á. Román

Arbitration Brief

The 1990s were a time of vibrant international rulemaking in the field of international economic law, during which Mexico transformed from a closed to an open economy. In 1993, Mexico adopted the 1985 UNICITRAL Model Law on International Commercial Arbitration. In 2011, Mexico amended its commercial code by introducing a specific proceeding to enforce and set aside arbitration awards titled “Juicio Especial sobre Transacciones Comerciales y Arbitraje.” Alongside these amendments, Mexico became an internationally relevant jurisdiction for the recognition and enforcement of foreign arbitral awards. This article analyzes the evolution of the Mexican Supreme Court of Justice’s jurisprudence concerning international …

Third-Party Funding In Treaty-Based Arbitration: Towards A More Transparent And Responsible System?, Margie-Lys Jaime R.

Arbitration Brief

Third-Party Funding (“TPF”) has become the “new kid on the block” of long-established stakeholders in international arbitration. However, despite the increasing use of TPF, few countries have undertaken the task of regulating the intervention of funders. Even in countries where the practice of TPF is regulated, it is generally in codes of conduct or non-binding instruments.

Forced Arbitration In Tesla’S Consumer Contracts, Abigail Hug

Arbitration Brief

The Supreme Court has supported the FAA’s preference for enforcing arbitration clauses and has extended it to forced arbitration provisions. In DirecTV v. Imburgia, the Supreme Court upheld a mandatory arbitration clause in a consumer service agreement, which additionally prohibited class arbitration. The Court reasoned that the FAA clearly states that written provisions in contracts that mandate arbitration are enforceable as all other contracts are enforceable. Companies throughout the United States use forced arbitration for employment and consumer contracts, including those for car leases. Forced arbitration clauses in consumer contracts ensure that customers settle their disputes with a company through …

Should Decisions Of Independent Accountability Mechanisms Be Binding?, Lalanath De Silva, Giada Giacomini

Perspectives

In this essay, it is argued that IAMs should be empowered with binding decision-making authority to enhance their effectiveness and ensure that justice is served, and remedies delivered. This argument is supported by analyzing the right of access to justice. Further, this essay analyses existing mechanisms with binding decision-making power that have already been created or acknowledged by IFIs; these mechanisms include IFI administrative tribunals for employees, arbitration processes for commercial disputes, integrity related sanctions regimes, and the appeal bodies that hear access to information decisions. The IFIs’ embrace of binding decisions in these contexts demonstrates that nothing prevents IFIs …

Reflections On The Launch Of The Inspection Panel And People-Centered Accountability, David B. Hunter

Perspectives

No abstract provided.

National Security Issues Arising In Anticorruption Enforcement, Anthony J. Lewis, Aisling O'Shea

American University National Security Law Brief

The overlap between national security and corruption has long been recognized; however, the government’s views on the nature of the overlap have shifted over time. For instance, in June 2021, the Biden administration announced an initiative to combat corruption as a core national security interest. The administration ordered a review by fifteen government agencies and offices, including the Central Intelligence Agency and the Office of the Director of National Intelligence. Then, in February 2025, the Trump administration declared that “overexpansive and unpredictable” enforcement of the Foreign Corrupt Practices Act of 1977 (“FCPA”) “actively harms American competitiveness and, therefore, national security.” …

A Uniform, National Body Of Law To Govern The Enforcement Of Arbitration Agreements, Imre S. Szalai

American University Business Law Review

The heart of the Federal Arbitration Act (FAA) is section 2, which contains a federal mandate that arbitration agreements are valid, irrevocable, and enforceable; the FAA's remaining provisions help carry out this mandate.

A New "Administrative Law Approach" To Social Rights? Learnings From Environmental Litigation In Colombia, Maria Emilia Mamberti

American University International Law Review

Social rights are at present profusely recognized in international and domestic law. Latin American countries are frontrunners in the field, as virtually all constitutions in the region acknowledge social rights, often in ambitious manners. In many countries, courts have been active and creative in adjudicating social rights cases.

The increasing importance of social rights has led to copious debates in comparative law, which have initially focused on the convenience of constitutionalizing them, and on assessing their nature and core characteristics. With relevant exceptions, more current debates—largely revolving around the decisions of high courts from a handful of jurisdictions—have focused on …

Diplomatic Practices: Activating The Crime Of Aggression, Noah Weisbord

American University International Law Review

At midnight on Friday, December 15, 2017, a century of multilateral negotiations over the definition and jurisdictional reach of the crime of aggression—leadership responsibility for aggressive war—was on the brink of collapse. Almost every controversial drafting issue had been negotiated and resolved, and International Criminal Court (ICC or the Court) States Parties were gathered at the United Nations (U.N.) in New York to activate ICC jurisdiction over the “supreme international crime.” According to aggression scholar Annegret Hartig, “activation was expected to be comparable to a mere turning on of lights.” Just two states, the U.K. and France, were blocking the …

Prologue, Claudio Grossman, Robert K. Goldman

American University International Law Review

We are pleased to write this prologue for the special issue of the American University International Law Review featuring the winning papers from the 2024 Human Rights Essay Award, sponsored by the Academy on Human Rights and Humanitarian Law of American University Washington College of Law.

Does Mandatory Corporate Human Rights Due Diligence Offer A Path To Resolving Global Food Insecurity Challenges?, Ying Chen, Benedict Sheehy

American University International Law Review

Despite the 2015 implementation of the United Nations Sustainable Development Goal to end hunger and all forms of malnutrition by 2030 (the Zero Hunger Goal), food insecurity remains a persistent global problem. Well past the halfway point to 2030, the world is woefully off track to reach this goal. Current efforts to address global food insecurity are led by the public sector and focused on government interventions, and these are proving to be insufficient on their own. This Article argues that the private sector, and business enterprises and multinational corporations in particular, as important stakeholders in society, can and must …