Law Commons^™

Is India The "New China" In U.S. Foreign Policy?, Sital Kalantry

Washington International Law Journal

Abstract: The University of Washington International Law Journal’s timely symposium explores the strains in the U.S.-China political and economic relationship. As China and the United States become estranged, or “decoupled,” this essay explores the United States’ relationship with India in light of this trend. The U.S.-India foreign relations are stronger today than they have been in India’s 75-year history as an independent nation.[1] To understand why this is the case, we have to examine both the U.S. and Indian foreign policy perspectives. The United States’ interest in India has grown in part due to the United States’ own …

Bidenomics Versus Maganomics: Pick Your Poison, Thomas Schoenbaum

Washington International Law Journal

Abstract: This essay compares the international trade policies of the two candidates for U.S. President in 2024, Joseph Biden[1] and Donald Trump, and argues in favor of a “third way” alternative to promote free trade in 2025 and onward. I first analyze the trade law revolution effected by the Trump presidency from 2017-2021. During these years the Trump administration adopted a protectionist policy rooted in nationalism and populism. As a direct result of Trump administration trade policy there occurred: (1) a significant retreat from globalization; (2) paralysis of the World Trade Organization; (3) a revival of U.S. unilateralism …

Imperial Collision: Future Of China's Relations With Russia, Dongsheng Zang

Washington International Law Journal

Abstract: In April 2024, Biden Administration officials revealed that in the year 2023, about 90% of Russia’s microelectronics came from China, which Russia has used to make missiles, tanks, and aircraft. Nearly 70% of Russia’s approximately $900 million in machine tool imports in the last quarter of 2023 also came from China.[1] U.S. Secretary of State Antony Blinken recently stated at the G7 meeting that “[w]e see China sharing machine tools, semiconductors, [and] other dual-use items that have helped Russia rebuild the defense industrial base.”[2] This demonstrates how far China is willing to go in defiance of the …

Mmu: 10/28/24–11/03/24, Student Bar Association

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Can The Economic Substance Doctine Be Revived?, Reuven S. Avi-Yonah

Articles

In two recent instances, the IRS has asserted the economic substance doctrine (ESD) to challenge transactions that comply with the literal text of the code. First, in Liberty Global, the IRS successfully asserted the ESD to deny tax benefits claimed by Liberty Global — namely, a section 245A deduction for a dividend out of foreign earnings that would normally be subject to global intangible low-taxed income — by relying on a mistake in effective dates under the Tax Cuts and Jobs Act. In granting summary judgment, the district court held that the doctrine looks to whether the tax benefits achieved …

James Mortensen V. Labor Commission, Quality Pool & Spa : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE LABOR COMMISSION OF UTAH

Jaceson Maughan/Christopher Hill Utah Labor Commissioner Labor Commission of Utah CODY G. KESLER RICHARDS BRANDT MILLER NELSON Attorneys for Appellees

Loren M. Lambert, No. 5101 Attorney for Appellant ARROW LEGAL SOLUTIONS GROUP, PC

Vol. 67, No. 09 (October 28, 2024)

Indiana Law Annotated

No abstract provided.

Defining The Scope Of Section 1 Of The Federal Arbitration Act: Recent Judicial Interpretations And Implications For The Gig Economy, Charlie Wiener

Cardozo Journal of Conflict Resolution (CJCR) Blog

Section 1 of the Federal Arbitration Act states that “nothing herein contained shall apply to contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce.” Since the turn of the millennium, the courts have found reason to define the exact limits of the scope of this exception. Notably, Circuit City Stores v. Adams, 532 U.S. 105 (2001), held that the exception in Section 1 must be read narrowly only to include transportation workers, otherwise the enumeration of seamen and railroad employees would not make sense.

The print edition of the issue …

Sam And Libby Edelman Visit Cardozo To Discuss Their Journey In The Footwear Industry, Benjamin N. Cardozo School Of Law

Cardozo News 2024

Footwear designers Sam and Libby Edelman visited Cardozo on Oct. 10 to talk about the success of their eponymous brand and give advice to future lawyers on how to work in a creative industry.

Revisiting Marcuse On Repressive Tolerance: A Twenty-First Century Retrospective, David Ingram

Philosophy: Faculty Publications and Other Works

Herbert Marcuse’s essay Repressive Tolerance (RP) has been praised by the Left and vilified by the Right for its alleged promotion of censorship targeting reactionary opinions and actions. I argue that this interpretation of the text is mistaken. According to my alternative reading of the text, RP should be understood as an exercise in provocation and irony aimed at defending civil disobedience and dissent. Marcuse’s defense of dissent, however, appeals to a critique of pure tolerance that exposes the unavoidably partisan practice of tolerance, which invariably favors the reigning undemocratic status quo. The choice whether to tolerate in a manner …

China's Response To The U.S. Call For Decoupling: The Foreign Investment Law Of 2020, Daniel C. Chow

Washington International Law Journal

Abstract: In response to the U.S.’s calls for U.S.-China decoupling by repatriating U.S. business operations and eschewing new investments in China, China introduced the Foreign Investment Law (“FIL”) in 2020. The FIL marks a new era of foreign investment in China. It eliminates the requirement of prior government approval for all foreign-funded enterprises, including joint ventures consisting of U.S. companies and domestic Chinese state-owned enterprises. Many U.S. companies found the approval process under the previous legal regime to be time consuming, arduous, and oppressive. This process has now been replaced by a simple registration process under the FIL and the …

A Critical Examination Of "Decoupling": An Introduction, Dongsheng Zang, Miles Lee

Washington International Law Journal

No abstract provided.

Japan's Response To The Trade Conflict Between The United States And China, Rikako Watai

Washington International Law Journal

Abstract: Decoupling refers to the strategy of separating and disconnecting economies and markets between different nations. However, in the contest of the ongoing trade conflict between the United States and China, decoupling primarily refers to determining economic dependence on a specific nation as a national security risk, thereby reinforcing vulnerabilities in one’s supply chain. Japan views the United States as its primary partner in national security policy and China as a significant market because of its geographic proximity. As a result, ensuring economic security became a pressing concern for Japan.

Japan refers to the United States’ idea of economic …

Decoupling Defined: Four Theories And Four Illustrations From The Sino-American Trade War, Raj Bhala

Washington International Law Journal

Abstract: This article seeks to bring clarity to a much used, yet ill-defined, term “decoupling.” The article explores the theory and practice of “decoupling” in the context of the Sino-American Trade War, which, launched in March 2018, shows no sign of a ceasefire. As to theory, this article argues that conceptually, “decoupling” takes (at least) four forms. There is efficiency, jurisprudential, security, and values decoupling. As to practice, this article shows these four theoretical typologies of decoupling are obvious today. This theory and practice are illustrated (respectively) with respect to labor-intensive industries, commercial transactions in rule-of-man jurisdictions or …

Ndls Communicator: Week Of 10.28.24, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School welcomes new faculty and visiting scholars for the 2024-25 academic year
• Professors Paolo Carozza and Richard Garnett honored by the American Academy of Sciences and Letters
• Law School Professor Derek Muller joins CNN as contributor for 2024 presidential election
• Notre Dame Law Professor Patrick Corrigan named to The Irish Legal 100
• Tribute: The Honorable Daniel A. Manion ‘64
• ND Law's Eviction Clinic reaches settlement for South Bend family fleeing lead-filled home
• Bryan Stevenson delivers powerful message about ‘proximity’ at lecture in South Bend

Faculty News and Briefs

• Dean G. Marcus Cole was honored …

Fear Of Motion, Cardozo Criminal Defense Clinic, Filmmakers Legal Clinic (Flc), Perlmutter Center For Legal Justice At Cardozo Law, Josh Dubin

2024 Event Invitations

“A young man on the grip of his probation, attending a therapy session to navigate his survivor guilt after getting his best friend incarcerated. The film explores familiar themes in black politics, regarding the struggles and circumstances of people under maximum sentences. It includes the stigmatization and ineffective rehabilitation that contributes to the corruption of the probation system.”

A Boring Supper: Looking Less Hard For Meaning In The Montana Constitution, Ben Mckee

Montana Law Review

No abstract provided.

State V. Mathis: Examining The Shifting Sands Between Due Process And Evidence Disclosure Burdens, Hannah Good

Montana Law Review

No abstract provided.

What To Do If Your Client Lies: Ethical Considerations For Criminal Practitioners, Katy Stack, Jessica Maynard

Montana Law Review

No abstract provided.

Qualifying The Quorum Standard: Montana’S Constitutional Right To Know And Open Meeting Laws, Maddy Duneman

Montana Law Review

No abstract provided.

Something Stinks: Montana’S Compensable Inverse Condemnation Claims Circle The Drain In Wittman V. City Of Billings, Kathryn Zobeck

Montana Law Review

No abstract provided.

Significant Montana Cases, Makayla Aman, Elise Keenum

Montana Law Review

No abstract provided.

The International Longshoremen’S Association Strike & Removing Public And Political Pressures From The Bargaining Table, Jilly Horowitz

Cardozo Journal of Conflict Resolution (CJCR) Blog

The International Longshoremen’s Association (“ILA”) is the labor union that represents dockworkers in ports along the East Coast and Gulf of Mexico. The management counterpart to the ILA is the United States Maritime Alliance (“USMX”) which represents the various employers associated with the East and Gulf Coast ports. The most recent ILA-USMX master contract, or collective bargaining agreement, ran from October 1, 2018 to September 30, 2024 (the “2018 Agreement”). As ILA workers prepared for a new contract, their two main concerns were securing pay increases and continuing assurances that human jobs would not be replaced by automation.

The print …

The Costs Of The Vexatious Lawyer: Who Bears Responsibility?, Jayanth K. Krishnan

Articles by Maurer Faculty

This Article investigates how the law should respond to a lawyer who engages in unprofessional, tormenting, or what is often referred to as “vexatious” conduct during litigation. At present, a federal law – 28 U.S.C. §1927 – allows courts to issue sanctions upon a vexatious lawyer. When such a lawyer works for a law firm, a deep split has emerged among the circuits. Some courts have ruled that law firms may also be liable for their lawyers’ actions under the statute. Other circuits, though, have concluded that law firms are free from this type of vicarious liability. Unfortunately, the problem …

Empowering Women In Foreign Policy: A Feminist Perspective For The European Union, Egzona Osmanaj, Visar Hoxha

UBT International Conference

This study examines Feminist Foreign Policy (FFP) in the European Union (EU). It aims to define FFP and assess the EU's stance on it. Key findings include: There isn't a clear definition of FFP, but it generally involves including women and girls in foreign policy and empowering them in decision-making. Although some EU member states like Sweden and France have adopted feminist foreign policies, the EU itself seems unprepared for a comprehensive FFP. The current geopolitical climate poses challenges, but there is still room for progress. Adopting an FFP at the EU level could lead to a more peaceful world, …

Rules For The Insurance Of Civil Liability Of Vehicles In Eu Member States And Their Impact On Our Law, Merita Muharremi, Enisa Haliti, Anida Gashi

UBT International Conference

Although Kosovo is not a member of the international Green Card system, it must align the regulations for the time when it must adopt the European standards for the protection of victims of traffic accidents. In accordance with the fifth Directive, the Kosovo Bureau of Insurance Companies of Kosovo applies the mandatory possession of the European Report regarding accident reporting.Regarding the procedures involved in a road accident, after the completion of the European report on the accident, the injured party must, before repairing the vehicle, with his vehicle must be presented to the insurance company as soon as possible with …

The Protection Of Rights Of Non-Majority Communities And Their Members In The Republic Of Kosovo Through Institutional Mechanism, Ahmet Maloku, Nuhi Osmani

UBT International Conference

The purpose of this paper is to deal with the rights of non-majority communities and their members in the constitutional and legal aspect, including international legislation. The rights of national minorities in Kosovo are rights guaranteed through national legislation starting from the constitution, international norms applied directly in the constitution, as well as specific legislation that regulates the rights of non-majority communities in the Republic of Kosovo. Therefore, these rights have strong guarantees, since the state of Kosovo, beside this has arranged these types of rights in an advanced manner as well as has created legal procedures, where 2/3 of …

Ways Of Acquiring Ownership According To Legislation In The Republic Of Kosovo, Erëza Vladi, Enisa Haliti, Sevdai Morina

UBT International Conference

The Constitution of the Republic of Kosovo considers the right of ownership as a constitutional category, which means that the Law on Property and Other Property Rights of Kosovo regulates the way of gaining and losing ownership, but in our case we will discuss only the ways of her profit in real estate. According to Article 18, paragraph 1 of the Law on Property and Other Property Rights of Kosovo, property is defined as follows: "Ownership is the complete right to an object. The owner can dispose of the thing according to his wish, especially to possess and use it, …

The Western Balkan Countries’ Respective Pathways To Eu Membership: In View Of The New Methodology For Enlargement And Security Concerns, Elton Tota

UBT International Conference

The continuous EU commitment to the Western Balkans (WBs) has been a key issue and determinant for the European future of the WBs. In recent years, the EU ‘conditionality policy’ for enlargement has been widely criticized as being discouraging for the countries in the accession process, so enthusiasm and motivation for EU enlargement among WBs has been on decline. The regional initiatives established to keep the EU integration process alive, increase the regional cooperation through investments and remove barriers among the WBs such as the Berlin Process (2014) and Open Balkan (2019) although enjoyed the EU support, it was clear …

Policies To Reduce Greenhouse Gas (Ghg) Emissions And Environmental Effectiveness, Afrim Syla

UBT International Conference

The concept of environmental effectiveness has many aspects. In or-der to be effective at mitigating GHG, the policy will need to reduce - rather than displace - emissions, as “leakage” of carbon or other GHG will have no global benefits . Policies may also need to address the broad picture, rather than focusing on optimizing the performance of individual sub-systems. Products used during construction and opera-tion of a building can contribute to Indoor Air Quality (IAQ) problems that affect occupants’ well-being. However, IAQ is conventionally not addressed in the life cycle assessments (LCAs) of buildings and build-ing related products even …