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Articles 2311 - 2340 of 559859
Full-Text Articles in Law
Notification Au Parquet In South Carolina: A Critique Of Substituted Service On Foreign Corporations, Julius H. Hines
Notification Au Parquet In South Carolina: A Critique Of Substituted Service On Foreign Corporations, Julius H. Hines
South Carolina Journal of International Law and Business
No abstract provided.
Rico’S Long Arm, Randy D. Gordon
Rico’S Long Arm, Randy D. Gordon
South Carolina Journal of International Law and Business
RICO has for over 50 years presented something of a parlor game for lawyers, mostly because its text leaves wide latitude in interpretation. And, as is often the case with RICO, resolution of one question begets more. The Supreme Court’s recent decision in Yegiazaryan v. Smagin proves no exception. Here, the Court brought some clarity to a question left open by RJR Nabisco: viz, what must one plead and prove to satisfy the “domestic injury” requirement necessary to invoke an extraterritorial application of RICO. The Court held that a foreign plaintiff can indeed, given the right facts and circumstances, establish …
Challenges Of Merger Control In The Ggc, Talal Al Awadhi
Challenges Of Merger Control In The Ggc, Talal Al Awadhi
South Carolina Journal of International Law and Business
This research study investigated the challenges confronting Gulf Corporate Council (GCC) states in merger control. For the purpose of this research, the term merger control is used to refer to the law and regulations on how anticompetitive mergers should be identified, controlled and/or prevented. This research study was carried out using a secondary data analysis. The secondary data was collected from the literature. Research findings indicate that mergers in general are underdeveloped in GCC states. As a result, the law on merger control has lagged severely behind developed states. Research findings also indicate that there are four main challenges to …
What Does It Mean To Create Art? Intellectual Property Rights For Artificial Intelligence Generated Artworks, Zachary Bozard
What Does It Mean To Create Art? Intellectual Property Rights For Artificial Intelligence Generated Artworks, Zachary Bozard
South Carolina Journal of International Law and Business
No abstract provided.
The False Promise Of Jurisdiction Stripping, Daniel Epps, Alan M. Trammell
The False Promise Of Jurisdiction Stripping, Daniel Epps, Alan M. Trammell
Scholarship@WashULaw
Jurisdiction stripping is seen as a nuclear option. Its logic is simple: by depriving federal courts of jurisdiction over some set of cases, Congress ensures those courts cannot render bad decisions. In theory, it frees up the political branches and the states to act without fear of judicial second-guessing. To its proponents, it offers the ultimate check on unelected and unaccountable judges. To critics, it poses a grave threat to the separation of powers. Both sides agree, though, that jurisdiction stripping is a powerful weapon. On this understanding, politicians, activists, and scholars throughout American history have proposed jurisdiction stripping measures …
Voting Under The Federal Constitution, Travis Crum
Voting Under The Federal Constitution, Travis Crum
Scholarship@WashULaw
There is no explicit, affirmative right to vote in the federal Constitution. At the Founding, States had total discretion to choose their electorate. Although that electorate was the most democratic in history, the franchise was largely limited to property-owning White men. Over the course of two centuries, the United States democratized, albeit in fits and starts. The right to vote was often expanded in response to wartime service and mobilization.
A series of constitutional amendments prohibited discrimination in voting on account of race (Fifteenth), sex (Nineteenth), inability to pay a poll tax (Twenty-Fourth), and age (Twenty-Sixth). These amendments were worded …
Contract-Wrapped Property, Danielle D'Onfro
Contract-Wrapped Property, Danielle D'Onfro
Scholarship@WashULaw
For nearly two centuries, the law has allowed servitudes that “run with” real property while consistently refusing to permit servitudes attached to personal property. That is, owners of land can establish new, specific requirements for the property that bind all future owners—but owners of chattels cannot. In recent decades, however, firms have increasingly begun relying on contract provisions that purport to bind future owners of chattels. These developments began in the context of software licensing, but they have started to migrate to chattels not encumbered by software. Courts encountering these provisions have mostly missed their significance, focusing instead on questions …
Introduction To The Symposium On Digital Evidence, Melinda (M.J.) Durkee, Megiddo Tamar
Introduction To The Symposium On Digital Evidence, Melinda (M.J.) Durkee, Megiddo Tamar
Scholarship@WashULaw
The past few decades have seen radical advances in the availability and use of digital evidence in multiple areas of international law. Witnesses snap cellphone photos of unfolding atrocities and post them online, while others share updates in real time through messaging apps. Immigration officers search cell phones. Private citizens launch open-source online investigations. Investigators scrape social media posts. Digital experts verify authenticity with satellite geolocation. These new types of evidence and digitally facilitated methods and patterns of evidence gathering and analysis are revolutionizing the everyday practice of international law, drawing in an ever-wider circle of actors who can contribute …
Rethinking Antebellum Bankruptcy, Rafael I. Pardo
Rethinking Antebellum Bankruptcy, Rafael I. Pardo
Scholarship@WashULaw
Bankruptcy law has been repeatedly reinvented over time in response to changing circumstances. The Bankruptcy Act of 1841—passed by Congress to address the financial ruin caused by the Panic of 1837—constituted a revolutionary break from its immediate predecessor, the Bankruptcy Act of 1800, which was the nation’s first bankruptcy statute. Although Congress repealed the 1841 Act in 1843, the legislation lasted significantly longer than recognized by scholars. The repeal legislation permitted pending bankruptcy cases to be finally resolved pursuant to the Act’s terms. Because debtors flooded the judicially understaffed 1841 Act system with over 46,000 cases, the Act’s administration continued …
Redistributing Justice, Benjamin Levin, Kate Levine
Redistributing Justice, Benjamin Levin, Kate Levine
Scholarship@WashULaw
This article surfaces an obstacle to decarceration hiding in plain sight: progressives’ continued support for the carceral system. Despite increasingly prevalent critiques of criminal law from progressives, there hardly is a consensus on the left in opposition to the carceral state. Many left-leaning academics and activists who may critique the criminal system writ large remain enthusiastic about criminal law in certain areas—often areas where defendants are imagined as powerful and victims as particularly vulnerable. In this article, we offer a novel theory for what animates the seemingly conflicted attitude among progressives toward criminal punishment—the hope that the criminal system can …
Conflicts Of Law And The Abortion War Between The States, Paul S. Berman, Roey Goldstein, Sophie Leff
Conflicts Of Law And The Abortion War Between The States, Paul S. Berman, Roey Goldstein, Sophie Leff
GW Law Faculty Publications & Other Works
On the subject of abortion, the so-called “United” States of America are becoming more disunited than ever. The U.S. Supreme Court’s precipitous decision in Dobbs v. Jackson Women’s Health Organization overturned the nationwide framework for abortion rights that had uneasily governed the country for fifty years. In the immediate aftermath of that decision, it is becoming increasingly clear that states governed by Republicans and those governed by Democrats are moving quickly and decisively in opposite directions. Since the U.S. Supreme Court agreed to hear the Dobbs case, at least twenty-four states have enacted statutes or state constitutional provisions restricting abortion …
The Intentional Pursuit Of Purpose: Nurturing Students’ Authentic Motivation For Practicing Law, Katya S. Cronin
The Intentional Pursuit Of Purpose: Nurturing Students’ Authentic Motivation For Practicing Law, Katya S. Cronin
GW Law Faculty Publications & Other Works
“Why do you want to pursue a career in the law?” Nearly every aspiring attorney answers this question as part of their law school application personal statement. They pour their hopes, dreams, and challenges into the answer to this question—their formative struggles, deeply held values, and resolve to make the world a better place as legal practitioners. Soon after starting law school, however, law students turn their attention from core aspirations to immediate concerns. Forgotten and slowly choked by the thorns of competition, prestige, and external validation, law students’ internal sense of self and purpose begin to wither away until, …
Title Page
South Carolina Journal of International Law and Business
No abstract provided.
Table Of Contents
South Carolina Journal of International Law and Business
No abstract provided.
Editorial Board And Staff
South Carolina Journal of International Law and Business
No abstract provided.
Predictability And Adaptation In Law And Other Markets (Chapter In A Coming Book: Research Handbook On Law And Time), Saul Levmore
Predictability And Adaptation In Law And Other Markets (Chapter In A Coming Book: Research Handbook On Law And Time), Saul Levmore
Coase-Sandor Working Paper Series in Law and Economics
People and enterprises that are subject to the law find it useful to know what the law is at present, but then also to anticipate future rules. If laws are stable this is easily done. Stability is more common where the judicial branch is concerned, because precedents are often valued, and for good reason. They are more often followed by judges than by those involved in other methods of lawmaking. But in all of lawmaking, and even in the private sphere, there is value to consistency and certainty. And yet, surprises can be attractive if they are not confronted on …
Lost Time: Paying For Delays Associated With Labor Strikes And Traffic Jams (Chapter In A Coming Book: Research Handbook On Law And Time), Saul Levmore
Coase-Sandor Working Paper Series in Law and Economics
Waiting is often costly. In many settings, one party delays to impose costs on another. In other settings, delay yields a small gain while imposing significant costs on others who cannot easily bargain. Where the parties can bargain, at least one expects the other to relent and to bring about a settlement that is mutually beneficial. Inasmuch as time offers the opportunity to gather information, compare alternatives, and reach yet better bargains, law does not and should not simply discourage all delays. On the other hand, it is often the case that when parties delay before reaching a bargain, they …
Labor Market Traps, Eric A. Posner
Labor Market Traps, Eric A. Posner
Coase-Sandor Working Paper Series in Law and Economics
Some products, notably but not only platforms, increase in value for users as the number of other users increases. These interaction or network effects can result in “product market traps” (Bursztyn et al., 2023) where people who use the product would be better off if they all stopped using it and switched to another product, but cannot because of coordination problems. A parallel but overlooked phenomenon is the labor market trap, where employees would be better off if they collectively left an employer, job, or profession, but cannot because of the difficulty of coordination. Product market and labor market traps …
Uncovering The Role Of Hubs: A Network Science Perspective On Platform Competition, Raz Agranat
Uncovering The Role Of Hubs: A Network Science Perspective On Platform Competition, Raz Agranat
Coase-Sandor Working Paper Series in Law and Economics
This paper offers a novel legal framework to evaluate competition among digital platforms. Drawing on network science, it debunks two prominent approaches in antitrust law, that network effects either lead to a winner-takes-all situation or, conversely, that they safeguard against platform market power abuses. It coins the term “hub-plucking” to highlight a critical dynamic of platform competition that has surprisingly gone unnoticed: the competition between platforms over highly connected “hubs”. Hub-plucking enables rivaling platforms, including new entrants, to instantly acquire market share by seizing hubs. Since many platforms of interest exhibit hubs, hub-plucking is applicable to a multitude of industries …
Predictability And Adaptation In Law And Other Markets (Chapter In A Coming Book: Research Handbook On Law And Time), Saul Levmore
Predictability And Adaptation In Law And Other Markets (Chapter In A Coming Book: Research Handbook On Law And Time), Saul Levmore
Public Law and Legal Theory Working Papers
People and enterprises that are subject to the law find it useful to know what the law is at present, but then also to anticipate future rules. If laws are stable this is easily done. Stability is more common where the judicial branch is concerned, because precedents are often valued, and for good reason. They are more often followed by judges than by those involved in other methods of lawmaking. But in all of lawmaking, and even in the private sphere, there is value to consistency and certainty. And yet, surprises can be attractive if they are not confronted on …
Lost Time: Paying For Delays Associated With Labor Strikes And Traffic Jams (Chapter In A Coming Book: Research Handbook On Law And Time), Saul Levmore
Public Law and Legal Theory Working Papers
Waiting is often costly. In many settings, one party delays to impose costs on another. In other settings, delay yields a small gain while imposing significant costs on others who cannot easily bargain. Where the parties can bargain, at least one expects the other to relent and to bring about a settlement that is mutually beneficial. Inasmuch as time offers the opportunity to gather information, compare alternatives, and reach yet better bargains, law does not and should not simply discourage all delays. On the other hand, it is often the case that when parties delay before reaching a bargain, they …
The Automated Fourth Amendment, Maneka Sinha
The Automated Fourth Amendment, Maneka Sinha
Faculty Scholarship
Courts routinely defer to police officer judgments in reasonable suspicion and probable cause determinations. Increasingly, though, police officers outsource these threshold judgments to new forms of technology that purport to predict and detect crime and identify those responsible. These policing technologies automate core police determinations about whether crime is occurring and who is responsible. Criminal procedure doctrine has failed to insist on some level of scrutiny of—or skepticism about—the reliability of this technology. Through an original study analyzing numerous state and federal court opinions, this Article exposes the implications of law enforcement’s reliance on these practices given the weighty interests …
Table Of Contents, Annals Of Health Law And Life Sciences
Table Of Contents, Annals Of Health Law And Life Sciences
Annals of Health Law and Life Sciences
No abstract provided.
Increasing Transparency Within City Government Using Blockchain Technology, Jennifer Ayala
Increasing Transparency Within City Government Using Blockchain Technology, Jennifer Ayala
Featured Student Work
When the news or a friend mentions blockchain technology, is it typically always referenced in the context of cryptocurrency? While cryptocurrencies do rely on blockchain technology to record financial transactions between people and businesses,
1 government agencies have begun testing how blockchain technology could improve the lives of constituents.2 A notable advantage of implementing blockchain technology within government, however, is that it has the possibility to prevent corruption due to its very nature.3 The City and County of San Francisco has been the latest victim of government corruption in recent years,
4 with the most recent scandal involving the indictment …
The Good, The Bad And The Ugly Of Dobbs: A Constitutional Reckoning, Hutchinson, Allan C.
The Good, The Bad And The Ugly Of Dobbs: A Constitutional Reckoning, Hutchinson, Allan C.
Santa Clara Law Review
The United States Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization marked a constitutional reckoning, with pervasive and inescapable consequences for many Americans. This article discusses this constitutional reckoning in two senses. First, it was a reckoning with the Court’s own precedent, as it overturned nearly fifty years of precedent on abortion rights. Second, it was a reckoning with the Court’s role in American society, as it raised fundamental questions about the Court’s legitimacy and its ability to protect the rights of minorities.
This article begins by outlining a history of abortion rights in the United States, from …
Technology, Tinker, And The Digital Schoolhouse, Simoneau, Blakely Evanthia
Technology, Tinker, And The Digital Schoolhouse, Simoneau, Blakely Evanthia
Santa Clara Law Review
The world, both inside and outside the schoolhouse, has changed considerably since the Supreme Court decided Tinker v. Des Moines in 1969. Education in much of the United States is now inextricably linked with technology, and the schoolhouse is, increasingly, digital. This article critically examines the impact of the increasing use of technology on students’ First Amendment rights, looking at the Supreme Court’s recent decision in Mahanoy v. B.L. Specifically, it examines the effect of allowing schools to restrict speech on school-issued devices.
Disciplining speech that takes place on school-issued devices will have a silencing effect on students who do …
Reaching Past Rucho: A Constitutional Tort For Money Damages Against Individuals Who Draw Gerrymandered Districts, Turner, Sam
Reaching Past Rucho: A Constitutional Tort For Money Damages Against Individuals Who Draw Gerrymandered Districts, Turner, Sam
Santa Clara Law Review
The Supreme Court in Rucho v. Common Cause held that the issue of partisan gerrymandering—that is, the drawing of political districts in a way that favors the party in power— presented a political question that was outside the competency of the courts to solve, at least through constitutional law. This article argues that Rucho does not close the door to judicial action in the face of partisan gerrymandering but instead closes the door only to the remedy proposed in the case. As with practically all major constitutional cases in recent memory, the Rucho plaintiffs were seeking relief that was equitable …
Restoring Balance To Qualified Immunity: Modified Mandatory Sequencing, Cain, Patrick
Restoring Balance To Qualified Immunity: Modified Mandatory Sequencing, Cain, Patrick
Santa Clara Law Review
Qualified immunity continues to confound and frustrate judges, lawyers, law professors, law students, and even those outside the legal industry. Much of this frustration results from outcomes that shock the conscience, such as when government officials are granted qualified immunity despite stealing money while executing a search warrant or when government officials lock a prisoner in a highly unsanitary cell for a week.
Legal scholars have examined two main areas within the qualified immunity doctrine: the common law origins and the clearly established prong of qualified immunity analysis. The common law origins of qualified immunity have been thoroughly examined, and …
Unraveling The Disgorgement Regime, Piras, Alessandro
Unraveling The Disgorgement Regime, Piras, Alessandro
Santa Clara Law Review
Disgorgement is a legal remedy requiring those who gain from illegal or wrongful acts to give up any profits they made as a result of that conduct. The current state of disgorgement is uncertain, marked by rising tension between limitations in recent Supreme Court jurisprudence and newly enacted statutory authority granted to the Securities Exchange Commission (SEC) by Congress. Problems emerging from this regime threaten to render adjudication of disgorgement actions ineffective and inconsistent, potentially damaging the integrity of the financial system and eroding public trust in the markets. A comprehensive legislative framework is needed to fill in the gaps; …
Private Equity, Conflicts, And Chapter 11: The Three Types Of Attorney Conflicts That Undermine Corporate Restructuring, Crawford G. Schneider
Private Equity, Conflicts, And Chapter 11: The Three Types Of Attorney Conflicts That Undermine Corporate Restructuring, Crawford G. Schneider
University of Pennsylvania Law Review
Private equity has become a dominant force in distressed investing and Chapter 11 corporate reorganization. As a result, three new types of attorney conflicts have emerged, each of which threatens to undermine the efficacy and credibility of the bankruptcy system. Bankruptcy judges, practitioners, and scholars must respond. This Comment provides those stakeholders with a doctrinal and normative framework to understand the conflicts that pervade the system. In particular, this Comment defines three types of conflicts, explains how each threatens the functionality of Chapter 11 corporate restructuring, lays the doctrinal groundwork for a new understanding of attorney disinterestedness, and provides solutions …