Law Commons^™

The Need For Corporate Guardrails In U.S. Industrial Policy, Lenore Palladino

Seattle University Law Review

U.S. politicians are actively “marketcrafting”: the passage of the Bipartisan Infrastructure Law, the CHIPS and Science Act, and the Inflation Reduction Act collectively mark a new moment of robust industrial policy. However, these policies are necessarily layered on top of decades of shareholder primacy in corporate governance, in which corporate and financial leaders have prioritized using corporate profits to increase the wealth of shareholders. The Administration and Congress have an opportunity to use industrial policy to encourage a broader reorientation of U.S. businesses away from extractive shareholder primacy and toward innovation and productivity. This Article examines discrete opportunities within the …

Populist Politics And International Business Policy: Problems, Practices, And Prescriptions For Mnes, Paul Vaaler, Christopher Hartwell, Barclay James, Thomas Lindner, Jakob Müllner

Articles

In this editorial introduction to the Special Issue on populism, we discuss different approaches to defining populism in ways relevant to multinational enterprise (MNE) strategy and organization. In addition, we demonstrate how populist host-country government policies often target MNEs in ways that give rise to distinctly new forms of discriminatory treatment. This theoretical background sets the stage for the papers of this Special Issue, explaining the origins of these populist host-country government policies and the impact of such policies on FDI and international trade. We conclude with various suggestions for advancing IB policy research on populism, including building a better …

Certificates Of Public Advantage: A Valuable Tool Or Diminishing Allure?, Abdur Rahman Amin

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Autism And Access To Healthcare, Amanda Forbes

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Lessons From A Small And Troubled Country: Bosnia’S Struggling Judiciary Paints An Ominous Picture For The Future Of The Rule Of Law In The United States, David Pimentel

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

The Thinning Blue Line: Ptsd Benefits For Law Enforcement In Minnesota, Caleb Wootan

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Uncle Sam Wants You, Unless You’Re Trans: How Greene V. Mcelroy Allows Discrimination In The Military, Amy Vedder

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Masthead

UC Law Business Journal

No abstract provided.

Foreword, Emily Montalvo, Natalie Tantisirirat

UC Law Business Journal

No abstract provided.

How European Human Rights Law Will Reshape U.S. Business, Rachel Chambers, David Birchall

UC Law Business Journal

In recent years several European states have enacted human rights due diligence laws, culminating in the imminent EU-wide Corporate Sustainability Due Diligence Directive.

This article provides a comprehensive analysis of these laws and explores their potential impact on U.S. businesses. Human rights due diligence emerges from the United Nations Guiding Principles on Business and Human Rights (2011) and was originally conceived as a voluntary means by which corporations could demonstrate that they proactively monitor and manage potential human rights abuses within their corporate group and supply chains. Since 2017, European states have begun enacting binding human rights due diligence laws. …

The Professional Employer Organization Regulatory Regime, Ursula Ramsey

UC Law Business Journal

No abstract provided.

Protecting Worker Health Data Privacy From The Inside Out, Elizabeth A. Brown

UC Law Business Journal

This article investigates three new opportunities for complementary public, private, and design-centric protections of worker health data, an overlooked yet critical area of data privacy regulation. The expansion of biometric monitoring, of the $50 billion femtech industry, and the commercial value of health data also underscore the need for greater protection of worker health data. Now that states are developing more comprehensive data privacy laws, it is critical to consider innovative solutions that build on the best of these laws nationwide. Especially after the Supreme Court’s Dobbs decision, the health data of women workers has become especially prone to misuse. …

Judicial Fidelity, Caprice L. Roberts

Journal Articles

Judicial critics abound. Some say the rule of law is dead across all three branches of government. Four are dead if you count the media as the fourth estate. All are in trouble, even if one approves of each branch’s headlines, but none of them are dead. Not yet.

Pundits and scholars see the latest term of the Supreme Court as clear evidence of partisan politics and unbridled power. They decry an upheaval of laws and norms demonstrating the dire situation across the federal judiciary. Democracy is not dead even when the Court issues opinions that overturn precedent, upends longstanding …

The Living Constitution: Why The Supreme Court Must Part Ways With Exclusionary Eminent Domain, Aaron Mackay

Indiana Law Journal

The Fifth Amendment’s “public use” requirement for takings is no longer a requirement at all. Instead, the meaning of “public use” has been expanded far beyond its original intent and public understanding. The broadening of the “public use” requirement reached its breaking point in Kelo. Since Kelo, state legislatures have responded by restricting eminent domain use to remove “blighted” areas. In effect, contemporary eminent domain reduces the availability of affordable housing, which has exacerbated the affordable housing crisis. This Note explores a constitutionally permissible re-working of the eminent domain doctrine to encourage the provision of affordable housing. Interpreting the “public …

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 …

Dobbs V. Jackson Women's Health Organization: Reckoning With Its Impact And Charting A Path Forward, Hillary A. Schneller, Diana Kasdan, Risa E. Kaufman, Alexander Wilson

University of Pennsylvania Journal of Constitutional Law

Dobbs v. Jackson Women’s Health Organization undid 50 years of precedent guaranteeing the constitutional right to abortion in the United States. At the one-year anniversary of the decision, and as the devastating consequences continue to play out across the country, this article analyzes Dobbs and its impact. It also charts a way forward for rebuilding a more robust Fourteenth Amendment jurisprudence. It draws on the authors’ individual perspective and expertise, and the Center for Reproductive Rights’ role as lead counsel in the case and as a global human rights organization advancing reproductive rights in the United States and around the …

Transportation: The Hidden Right To Exclude, Saleema Snow

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Cooperative Federalism And Patent Legislation: A Study Comparing China And The United States, Taorui Guan

Chicago Journal of International Law

How should patent legislative power be allocated between central and local governments in order to construct a patent system conducive innovation? A comparative analysis of the models of the U.S. and China sheds light on this question. The early American states established their patent systems before the formation of the federal system, but the U.S. Constitution arrogated patent legislative power to the federal government, ending the era of decentralized patent systems. This centralized structure ensures uniformity in rules but might hinder the system's adaptability and ability to experiment. In contrast, as China's patent system evolved, its patent legislative power spread …

One Click From Conflict: Some Legal Considerations Related To Technology Companies Providing Digital Services In Situations Of Armed Conflict, Jonathan Horowitz

Chicago Journal of International Law

Private technology companies (tech companies) are increasingly providing their digital goods and services to clients living and working in situations of armed conflict. Tech companies may own, operate, or maintain significant portions of the digital infrastructure that allow day-to-day essentials—such as water, medical care, and electricity—to reach civilians living in places affected by armed conflict. They may own communications platforms that people use to call emergency services. They may own social media outlets that organizations rely on to inform communities in need about access to humanitarian services or that families use to maintain contact with each other. Those fighting today’s …

Brexit Backslide: How The United Kingdom’S Break From The European Union Could Erode Female Labor Rights, Katherine Ryan

Chicago Journal of International Law

Britain’s retreat from the E.U. has demonstrated the deep connection between its domestic law and E.U. law and the dangers that can arise when a country attempts to disentangle the two. With the recent passage of the Retained E.U. Law (Revocation and Reform) Act, the resulting absence of E.U. law in British domestic law may create legal holes that leave women in the workforce without protection from discrimination. International organizations and treaties, such as the Convention on the Elimination of All Forms of Discrimination Against Women and the International Labor Organization, may be used to patch these holes. Moreover, Britain …

Supreme Court Litigators In The Age Of Textualism, Aaron-Andrew P. Bruhl

Faculty Publications

The Supreme Court’s approach to statutory interpretation has moved in a textualist direction over the last several decades, but there is little systematic information on how litigators’ briefing practices have changed during this era of textualist ascendancy. This Article examines thirty-five years’ worth of party briefs (over 8,000 briefs total), explores the briefs’ use of interpretive tools (including differences across categories of attorneys), and compares the briefs to the Court’s opinions.

This examination yields several valuable findings. Although the briefs show a textualist shift, they differ from the Court’s opinions in a few ways. The magnitude of the textualist shift …

Aggressor Status And Its Impact On International Criminal Law Case Selection, Nancy Amoury Combs

Faculty Publications

The laws of war apply equally to all parties to a conflict; thus, a party that violates international law by launching a war is granted the same international humanitarian law rights as a party that is required to defend against the illegal war. This doctrine—known as the equal application doctrine—has been sharply critiqued, particularly by philosophers, who claim the doctrine to be morally indefensible. Lawyers and legal academics, by contrast, defend the equal application doctrine because they reasonably fear that applying different rules to different warring parties will sharply reduce states’ willingness to comply with the international humanitarian law system …

Staying Focused On A Moving Target: Coping With Change, North Shetter Dds

The Journal of the Michigan Dental Association

Amid rapid changes in dentistry, this commentary addresses strategies to manage stress and maintain professional balance. Drawing parallels to Moore's Law in technology, the author emphasizes the need for a balanced life, integrating work, play, love, and worship. The concept, rooted in the Pankey Philosophy, aligns with principles from Stephen Covey's Seven Habits. Core skills, including patient relationships, foundational dental practices, periodontal health, occlusion, and perpetual learning, are deemed essential. The article underscores the importance of personal dental health and advocates for study clubs to share, learn, and mentor, fostering a positive professional environment amid evolving technologies and information overload.

Ada Report: Ada Board Discusses Membership, Looks Ahead To 2024, Michele Tulak-Gorecki Dds

The Journal of the Michigan Dental Association

The ADA Board of Trustees' annual retreat prioritized board development, emphasizing individual strengths and effective communication. Key topics included the Tripartite Membership Model Pilot, a dental school collaboration strategy, and sponsorship for the National Academies of Medicine Oral Health Project. Updates from ADA leaders highlighted initiatives like the Lessons in a Lunchbox program, ADA app improvements, legislative support for young dentists, and workforce solutions. The report concludes with a call to share the ADA story and promote collaboration.

Mda Services: Yes, You Can Recoup Your Dues With Mda-Endorsed Programs, Reva Darling

The Journal of the Michigan Dental Association

MDA Services Report highlights how being an organized dentistry member can yield significant financial returns through MDA-endorsed products and services. By leveraging just eight of the 32 endorsed offerings, potential savings of $25,659 are achievable. Key endorsed services include Best Card for credit card processing, iCoreConnect for software needs, Quality Dental Plan for in-office dental plans, The Dentists Supply Company (TDSC.com) for supplies, ProSites for website and e-marketing, D-MMEX Easyrefine for precious metal refining, Eagle Associates for regulatory compliance, and Dental Business Specialists for accounting. Members are urged to explore the range of endorsed programs for comprehensive benefits.

Chapter 13: Let’S Call The Whole Thing Off, Lawrence Ponoroff

Emory Bankruptcy Developments Journal

Courts cannot agree on much of anything about chapter 13, and legislators cannot agree and are confused over what to do about it. This state of affairs benefits no one and shows no signs of abating. So, in this Article, I propose to throw in the towel by imagining a world without chapter 13. Spoiler alert: although I am not superstitious, with just a few tweaks and tucks to chapter 7, I think the Bankruptcy Code might just be better off operating like a high-rise elevator that goes directly from floor twelve to floor fourteen. I will lay it out …

Safe Harboring Sloppiness: The Scope Of, And Available Remedies Under, Sections 363(M) And 364(E), Vishal Patel

Emory Bankruptcy Developments Journal

No abstract provided.

Third-Party Bankruptcy Releases And The Separation Of Powers: A Stern Look, Henry Reynolds

Emory Bankruptcy Developments Journal

In the last few years, bankruptcy scholars and professionals have criticized mass tort debtors’ use of chapter 11 bankruptcy as a litigation forum. One such criticism concerns mass tort debtors’ use of third-party releases: provisions in chapter 11 reorganization plans that enjoin creditors’ claims against non-debtor third parties. If a bankruptcy court approves such releases, creditors lose claims against the released third parties, which often include the debtor’s directors, insurers, or employees.

Third-party releases have troubled many. Critics and courts have said that third-party releases violate (1) the Bankruptcy Code, (2) bankruptcy policy, (3) the constitutional right to due process, …

Exiting The Disaster, Evading The Responsibility? Wadi Al-Qamar -- The Moon Valley, Suzan Nada

Perspectives

This essay explores a case that delivered no results for the complainants, where harm was not prevented, and where stakeholders who filed the complaint were not compensated. Investigated by the Compliance Advisor Ombudsman (CAO) of the International Finance Corporation (IFC), the Wadi al-Qamar case illustrates some of the limitations of accountability mechanisms in limiting the harms caused directly or indirectly by projects in which the International Financial Institutions (IFIs) invest.

Ending 30 Years Of Imf Exceptionalism: A Call For An Accountability Mechanism At The International Monetary Fund, Luiz Vieria

Perspectives

This year marks the 30^th anniversary of the World Bank’s Inspection Panel (WBIP or Panel), created as the result of grass-roots and international pressure on the Bank to address the well-documented negative impacts on marginalised communities of the Bank-financed Narmada dam and similar projects.

The establishment of the world’s first independent accountability mechanism (IAM) at the World Bank led to the creation of similar mechanisms at nearly all international financial institutions (IFIs), with the IMF an important exception. The establishment of the WBIP and other IAMs was a step-change in accountability, as previously IFIs were only accountable to shareholders …