Law Commons^™

New Ways Of Teaching Adat (Customary) Law At Indonesian Law Schools, Tody S.J. Utama, Rikardo Simarmata, Jacqueline A.C. Vel, Adriaan W. Bedner

The Indonesian Journal of Socio-Legal Studies

While customary law typically is not the sole legal system regulating people's daily lives, it still plays a big role in shaping the behavior of countless individuals worldwide. For this reason, law schools in many countries teach customary law courses, but these courses often present customary law as a sterile set of principles and norms detached from studying social reality. This approach associates customary law with traditional communities whose members live in relative isolation from the world, ignoring the fact that customary law operates in a legally pluralistic universe, interacting with religious and state law systems, and that it adapts …

The State Statutes Project, Neel Guha, Diego A. Zambrano

Faculty Scholarship

State statutes are having a moment in national debates. Partly fueled by polarization, state legislatures have pushed the boundaries on almost every important national question, from abortion and regulation of social media, all the way to police lawsuits and drug use. Take, for instance, the by now well-known example of Texas Senate Bill 8. To avoid Roe v. Wade, the Texas Legislature enacted a statute that allowed private parties (really, anyone) to sue abortion providers. The kicker was that the statute prohibited government enforcement in order to prevent Ex parte Young style challenges in federal court. Or take Montana’s attempt …

التفريد القضائي للعقوبة في القانون الجزائي الاماراتي, Hamad Abdulla Alebri

Theses

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Judicial Individualization of Punishment in UAE Criminal Law

This study addresses the topic of judicial individualization of punishment in UAE criminal legislation through a descriptive-analytical approach. In the preliminary section, the study defines punishment, which is imposed as a consequence of a crime that has already occurred, and precautionary measures aimed at confronting criminal danger to prevent future harm that could affect society. The characteristics and purposes of both punishment and precautionary measures are detailed, as they cannot be applied unless those implementing them understand their goals and intended outcomes.
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Commentary In Support Of The Judgement Of The Provincial Administrative Court (Pac) In Warsaw Of 5 July 2023, File Reference: I Sa/Wa 2767/22 – Use Of The Polish Tourist Voucher In Good Faith And Undue Receipt Of Benefits, Dominik Borek

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

This article cites the facts described in the judgement of the Provincial Administrative Court (PAC) in Warsaw of 5 July 2023, fi le reference: I SA/Wa 2767/22. The commented ruling is of great importance for the future in the context of emerging ideas for the continuation of the Polish Tourist Voucher programme. The latter was originally launched in the context of the spreading of the COVID-19 epidemic, and was intended to enable children and young people to relax as part of the domestic tourism offer, while at the same time supporting tourism entrepreneurs in the difficult pandemic period. The period …

Antitrust After The Coming Wave, Daniel A. Crane

Articles

A coming wave of general-purpose technologies, including artificial intelligence ("AI"), robotics, quantum computing, synthetic biology, energy expansion, and nanotechnology, is likely to fundamentally reshape the economy and erode the assumptions on which the antitrust order is predicated. First, AI-driven systems will vastly improve firms' ability to detect (and even program) consumer preferences without the benefit of price signals, which will undermine the traditional information-producing benefit of competitive markets. Similarly, these systems will be able to determine comparative producer efficiency without relying on competitive signals. Second, AI systems will invert the salient characteristics of human managers, whose intentions are opaque but …

Chenery Ii Revisited, Daniel T. Deacon

Articles

Ever since the Supreme Court’s 1947 decision in SEC v. Chenery Corporation, known as Chenery II, agencies have enjoyed wide latitude to develop policy through individual adjudications in addition to rulemaking. Chenery II has never been completely uncontroversial, and in recent years, calls to overturn or limit it have been expressed in increasingly fervent tones. Agency policymaking by adjudication has emerged as a new front in the struggle over the administrative state.

Against the backdrop of such calls, this Article revisits some of the fundamental questions concerning the Chenery II doctrine. I argue in favor of retaining Chenery II’s core …

The Origins Of The Major Questions Doctrine, Rachel Rothschild

Articles

In a series of recent cases, the Supreme Court has invoked the newly named “major questions doctrine” to strike down agency regulations that protect public health and the environment. Several Justices have argued that while the name “major questions” may be new, these decisions are simply the latest iteration in a longstanding effort of the courts to curtail the explosive growth of the administrative state since 1970. The first paradigmatic example of this line of cases is the 1980 “Benzene” case, in which the Supreme Court set aside the Occupational Safety and Health Administration (OSHA)’s new workplace standards for the …

Fragmentation In Global Climate Governance: What Lessons From Covid-19?, Sivan Shlomo Agnon

Vanderbilt Journal of Transnational Law

No abstract provided.

The Scientific Border: Dna Testing For Family Reunification, Alexa Greco

Vanderbilt Journal of Transnational Law

No abstract provided.

"Asian" Principles For The Recognition And Enforcement Of Foreign Judgments? Singapore As A Case Study, Adeline Chong

Research Collection Yong Pung How School Of Law

This paper considers if there can be said to be an “Asian” body of principles for the recognition and enforcement of foreign judgments. Tapping on the results of a research project which was conducted from 2016 to 2020, it is submitted that the answer to this query is in the negative. However, it is suggested that what marks out the “Asian” approach to private international law is the willingness of Asian countries to look outwards for reform and development and to balance the adoption of international norms against important local norms and objectives. Singapore’s approach to the recognition and enforcement …

Closing The Asylum Gender Gap: Why "Afghan Women" Is A Compelling Particular Social Group, Mackenzie Heinrichs

Vanderbilt Journal of Transnational Law

No abstract provided.

The International Copyright System And Development: The Role Of The World Intellectual Property Organization, Faith O. Majekolagbe

Vanderbilt Journal of Transnational Law

No abstract provided.

Cross-Border Cyber Operations: Targeting Healthcare As Unlawful Intervention In The Affairs Of States, Priya Urs

Vanderbilt Journal of Transnational Law

No abstract provided.

Ultra-Slow Responses To The Ultra-Fast Fashion Problem: Combatting Forced Labor In The Global Apparel Industry With Due Diligence And Customs Regulations, Cameron Watts

Vanderbilt Journal of Transnational Law

No abstract provided.

The Rights And Obligations Of Mod Creators In Canadian Videogame Law, Christian Clavette

Canadian Journal of Law and Technology

This article explores the legal landscape for mod creators in the Canadian video game industry, examining their rights and obligations under Canadian copyright law and End User License Agreements (EULAs). With the growth of the industry, independent creators have increasingly contributed to game development through “mods,” which modify or enhance existing games. While these mods offer significant creative and commercial potential, they also pose legal challenges, particularly regarding copyright infringement and the enforceability of EULAs. The article evaluates relevant Canadian and U.S. case law, highlighting key differences and similarities, and discusses how these legal principles apply to mods. It also …

The 2023 Merger Guidelines: An Assessment, Herbert Hovenkamp, Tim Wu, James Keyte

Faculty Scholarship

The 2023 Merger Guidelines1 are ten months old, but they still need some unpacking. To help our readers think through the issues that the Guidelines raise, Antitrust magazine asked two experienced legal scholars — Professors Tim Wu and Herbert Hovenkamp — to discuss the Guidelines with Antitrust editorial board member James Keyte. This discussion took place on May 28, 2024. The transcript has been edited for length and readability.

The Advocate (Fall 2024), Lewis & Clark Law School

The Advocate

No abstract provided.

Childhood Adversity's Impact On Criminal Behavior, Isobel Marie Avento

Theses and Dissertations

Adverse childhood experiences (ACEs), such as abuse, neglect, and family criminal history, have been identified as potential risk factors for negative physical, psychological, and behavioral health outcomes. Emerging literature suggests that ACEs are also among the primary factors leading to delinquency and adult criminal behavior. However, there is limited applied research that provides practitioners with appropriate insight to intervene when ACEs are identified among juvenile delinquents to reduce recidivism risk. This study adds to the existing literature by examining how cumulative ACEs shape criminal behavior of individuals from the onset until its desistance over the span of twenty years. Using …

Illegal, Unreported And Unregulated (Iuu) Fishing As Pathways To Human Trafficking: Navigating The Trafficked State Of Migrant Filipino Fishermen In J.W. Henley’S Migrante, Mary Harmony I. Guevarra

Akda: The Asian Journal of Literature, Culture, Performance

This study focuses on how J.W. Henley’s Migrante (2020) illustrates the synchroneity of Illegal, Unreported and Unregulated (IUU) fishing to the human trafficking dynamics at sea, in which the maturation and onset of its male protagonist’s psychological and physiological damages confirm his trafficked state. This paper offers further scrutiny on the gendered footing of human trafficking and opens a reframing of its discourse. Migrante tells the painful story of Rizal, who finds employment in a fishing vessel on the shores of Su’ao, Taiwan; as his crew go about their routine at sea which is interspersed with illegal trades in the …

Classifying Open Access Business Models, Tasha Mellins-Cohen

Copyright, Fair Use, Scholarly Communication, etc.

The proliferation of open access (OA) business models has been rapid, presenting challenges for stakeholders in communicating and working effectively with one another. This article aims to clarify terminologies and address the inconsistencies and gaps in previous attempts to categorize OA models, supporting informed decision-making. It presents five core types, each with distinct characteristics and implications for funding, equity, and implementation. Operating at the level of individual pieces of content, transactional models expose authors to the financial implications of their decisions to make content OA; they often must pay out of their own funds. Driven by negotiations between libraries or …

Evolving Corporate Philanthropy, David I. Walker

Faculty Scholarship

With the rise of corporate ESG initiatives and public benefit corporations, corporate philanthropy is evolving from an emphasis on cash contributions (contributional philanthropy) to an emphasis on adjusting operations to advance the public good (operational philanthropy). All forms of corporate philanthropy are controversial, but this article evaluates the impact of this evolution on the relative benefits and concerns of corporate philanthropy, arguing that the shift in emphasis towards operational philanthropy increases the comparative advantage of corporate philanthropy, increases agency costs, both simplifies and complicates shareholder primacy concerns, and increases the difficulty of prescriptively regulating corporate philanthropy through the tax code …

Contracting Hoop Dreams: Using Sports Law To Teach Transactional Practice, Cody Jacobs

Faculty Scholarship

One of the places I find the most joy in teaching legal writing is problem development—writing compelling factual scenarios that give students interesting legal issues to work through is rewarding and fun.  The best prompts will motivate students to really jump into their role representing their client and encourage them to think about the “big picture”—how the law ties into social, political, and economic structures in society at large.  Much has been written about the best ways to do this in the context of litigation assignments (briefs, memos, etc.), but there has been less discussion about problem creation in the …

Client Confidentiality As Data Security, Jonah Perlin

Georgetown Law Faculty Publications and Other Works

The duty of confidentiality has been a cornerstone of the attorney-client relationship for more than four centuries. Historically, this duty was not difficult to discharge. All a lawyer had to do to comply was not affirmatively share client information in public without consent. But that has all changed. The same technologies that provide unprecedented benefits of authorized access by lawyers and their clients create unprecedented risks of unauthorized access by others. As a result, although the duty of confidentiality was once synonymous with a duty to keep client confidences secret, today the duty necessitates that lawyers keep client confidences secure …

Can Federated Learning Solve Ai’S Data Privacy Problem?: A Legal Analysis, Warren B. Chik, Florian Gamper

Research Collection Yong Pung How School Of Law

Federated learning (FL) is a method of training AI systems on different datasets without sharing data. The promise of FL is to enable AI systems to be trained on data, including personal data, while preserving data privacy and confidentiality, and thus, inter alia, facilitate compliance with data protection legislation. FL has generated a considerable interest amongst the computer science community, yet there is a dearth of legal analysis of FL. This is a problem because the question of whether FL facilitates compliance with data protection legislation is a legal question. This article will fill this lacuna by providing a comprehensive …

Privacy Law’S Role In An Information Economy, Sari Mazzurco

Cardozo Law Review

What do we lose when we lose our privacy? A slew of recently enacted state laws suggest that the loss of privacy is merely a loss of individual choice in the market exchange of services for personal information. This Article argues that a loss of privacy risks something greater: the collapse of complex and fluid social identity. Without privacy, individuals cannot nurture their own senses of self because they are no longer free to try on different social roles across diverse relationships. Pervasive, private data collection threatens multifaceted selfhood by eliminating the boundaries that make social roles distinct and hindering …

Tender Rejection Under Article 393 Of The Polish Public Procurement Law (Ppl) – Remarks De Lege Lata And De Lege Ferenda, Joanna Affre, Mateusz Restel

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The article examines how Poland has implemented Article 85 of Directive 2014/25/EU, and determines what consequences arise from the discrepancies between the wording of Polish and EU provision. The prerequisites that allow contracting authorities to exercise the right to reject a tender, due to the origin of the products covered by it, are identifi ed, and an interpretation of each of these prerequisites is provided. This discussion responds to problems related to the application of Article 393(1) point 4 of the Polish Public Procurement Law (PPL). The paper calls for the amendment of this provision, by introducing an obligation to …

Justification For The Introduction Of The Eu Short-Term Rentals (Str) Regulation In The Context Of The Housing Market In The Eu, Paweł Budny

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Given the priority status of ensuring universal access to decent and affordable housing at the EU level, the EU legislator has highlighted the need for harmonization in the collection of data on short-term rentals of residential units through sharing economy platforms. The dynamic growth of platform tourism, observed across the EU in recent years, justifies the need for the introduction of EU Regulation 2024/1028 on Short-Term Rentals (STR), which imposes on collaborative economy platforms that operate on the short-term property rental market, the obligation to provide relevant authorities with data on landlords and units associated with the services provided. The …

Legal And Practical Aspects Of Sharing And Entrusting Personal Data, Taking Into Account Tourism Regulations During The Covid-19 Pandemic, Stanislaw Hady-Głowiak, Dominik Borek

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The article presents issues related to the sharing of personal data, and to entrusting data for their processing, with particular emphasis on tourism regulations during the pandemic. The work aims to indicate practical solutions, and to distinguish between situations of entrusting data for processing, a contractor authorized to process them on the basis of a contract, and of sharing of personal data. In the latter case, the most important thing is to verify each time the legal basis authorizing their sharing, and to keep a register of data sharing. In the case of the process of entrusting personal data for …

Trust And Robotics: A Multi-Staged Decision-Making Approach To Robots In Community, Wenxi Zhang, Willow Wong, Mark Findlay

Research Collection Yong Pung How School Of Law

With the desired outcome of social good within the wider robotics ecosystem, trust is identified as the central adhesive of the human–robot interaction (HRI) interface. However, building trust between humans and robots involves more than improving the machine’s technical reliability or trustworthiness in function. This paper presents a holistic, community-based approach to trust-building, where trust is understood as a multifaceted and multi-staged looped relation that depends heavily on context and human perceptions. Building on past literature that identifies dispositional and learned stages of trust, our proposed decision to trust model considers more extensively the human and situational factors influencing how …

China And Global Trade Order Post Ukraine War: From Value Chains To Values Chains, Henry S. Gao

Research Collection Yong Pung How School Of Law

China has long been hailed as the biggest success story in economic development through integration into global value chains, especially since its accession to the WTO 20 years ago. However, it is much less well-known how China refitted the global value chain narrative to influence economic analysis and trade governance. At the same time, the value chains analysis also backfired when the U.S. tried to cut China out of its supply chains and pushed for decoupling with China, while China itself started to abuse its role in value chains for political gains. The process was further accelerated by the Ukraine …