Law Commons^™

Hearing Officers In Competition Proceedings Conducted By The European Commission For The Implementation Of Article 101 And 102 Tfeu, Justyna Kownacka

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

The article analyzes the role played by the Hearing Officer in competition proceedings conducted by the European Commission to implement Article 101 and 102 TFEU. Currently, the Hearing Officer is a guarantor of the effective exercise of procedural rights in the course of all competition proceedings before the EC, while contributing to the objectivity, transparency and efficiency of the proceedings. The article also discusses the proposals to change the scope of the powers of the Hearing Officer, as reported in doctrine and literature, and refers to the possibility and legitimacy of introducing such institution into Polish competition law.

Seminar On The Rule Of Law And The Internal Market Of The Eu/Eea, Jacek Mainardi

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

No abstract provided.

Competition Among Purposes: The Chinese Experience In The Governance Of Climate Change And Energy Transition, Henry S. Gao, Weihuan Zhou

Research Collection Yong Pung How School Of Law

Energy governance at the international level is fraught with difficulties due to the 'competition among purposes' between different bodies of international law. In this paper, we extend this thesis to argue that the same tension may be found in domestic energy governance. Drawing from China's experience in the governance of climate change and energy transition, we analyse how the misalignment of incentives between different actors and the incomplete market reform led to a drastic shift in policy in 2021. We also compare the different approaches in China's energy governance and trade governance and draw some general lessons on how developing …

Hague Service Convention Enters Into Force In Singapore, Adeline Chong

Research Collection Yong Pung How School Of Law

Singapore acceded to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (‘Service Convention’) on 16 May 2023. It has now entered into force in Singapore on 1 December 2023. Two declarations were lodged: first, against Article 8(1) objecting to the direct service of judicial documents upon persons in Singapore through foreign diplomatic or consular agents unless the documents are to be served upon a national of the State from which the documents originate; and secondly, objecting to service of judicial and extrajudicial documents in Singapore by the methods of transmission set …

Criminal Law In Myanmar, Wing Cheong Chan, Mark Mcbride, Neil Morgan, Stanley Yeo

Research Collection Yong Pung How School Of Law

A commentary on the Myanmar Penal Code that describes and critically evaluates the general principles of criminal responsibility contained in the Code. This book was originally published in English in 2016. It was republished in Burmese in 2023.

"Takings" And "Givings" In Singapore: Land Law And Policy In The Search For Justice, Rachel Phang

Research Collection Yong Pung How School Of Law

In the United States and globally, cities are increasingly plagued by deepening housing crisis and widening economic inequality. In the face of these crises, this Article focuses on the potentially powerful role for land law and policy in the search for justice. Specifically, it does so by reference to two unusual yet illuminating choices of theory and application: the case study of Singapore, and the school of thought of Georgism, both of which accord inordinate and paramount importance to land. Singapore’s land law and policy have been characterized by extensive takings and givings of land. In consequence, the State owns …

Open Finance: Regulatory Challenges Of The Evolution Of Data Sharing Arrangements In The Financial Sector, Nydia Remolina Leon

Research Collection Yong Pung How School Of Law

In recent years, open banking has emerged as a new form of financial intermediation, allowing third party developers to build applications and services around financial institutions. By using the financial institution's data and infrastructure through open Application Programming Interfaces (APIs), a variety of actors-including fintech companies, Bigtechs, and the traditional players in the financial system-can develop new products and services that ultimately promote innovation, competition and financial inclusion while improving consumers' experiences. The concept of open banking evolved to open finance to illustrate the possibilities of adding to the picture all types of data-driven financial products. Focusing on the opportunities …

Permissible Forms Of State Aid For Airlines In The Era Of The Covid-19 Pandemic (Part Ii), Jadwiga Urban-Kozłowska

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

The aim of this study is to critically analyze the use of two types of state aid – emergency aid (Article 107(2)(b) TFEU) and anti-crisis aid (Article 107(3)(b) TFEU), which played a key role in supporting air carriers during the COVID-19 pandemic. This will make it possible to compare both types of aid, and to answer the question of their importance and usefulness in the context of supporting air carriers, and more broadly, entrepreneurs overall, during extraordinary events such as COVID-19. The premises for each of these exemptions will be discussed separately, and theoretical considerations will be accompanied by examples …

Irrelevant Markets, Jan Polański

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

There is a widespread view in Polish antitrust literature that it is necessary to define the relevant market in every antitrust case. The above is in contradiction with, for example, the approach adopted in EU law. However, it is pointed out that such an obligation results in Polish law, in particular, from the actual wording of the Act on Competition and Consumer Protection. This article aims to defend the opposite thesis: defining relevant markets is not always necessary, and emphasis on defi ning them every time is even harmful and leads to the defi nition of “irrelevant” markets.

Protection Of An Insolvent Undertaking – Comments Against The Background Of Simplified Restructuring Proceedings, Joanna Affre, Mateusz Restel

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

In 2020, as a result of the crisis caused by the COVID-19 pandemic, many legal and economic tools were implemented in Poland to stop undertakings from going bankrupt. One of such solutions was the Simplifi ed Restructuring Procedure. A few months later, it was replaced by Proceedings for the Approval of the Arrangement. Both of these procedures are extrajudicial, and their main purpose was to protect debtors and assist their restructuring. Indirectly, the procedure was also keeping the business activities of an insolvent undertaking going, with all the consequences that are associated with it, and above all, the protection of …

Compensation Liability For Antitrust Damages Caused By Related Companies – Development Of The Concept Of A Single Economic Unit Case Comment To The Cjeu Judgment Of 6 October 2021 In Case C-882/19 Sumal Sl V Mercedes Benz Trucks España Sl, Marta Mackiewicz

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

The subject of this case comment is the analysis and assessment of the judgment of the Court of Justice of the European Union (CJEU) issued on 6 October 2021 in case C-882/19, brought by Sumal SL v Mercedes Benz Trucks España SL. The Sumal judgment concerns an important issue in the area of competition law, both public and private (private enforcement) – determining the group of entities responsible for infringements of competition law operating within one economic body. Earlier CJEU case law in this regard focused primarily on determining the liability of the parent company within a group of companies. …

Protection Of An Insolvent Undertaking – Comments Against The Background Of Simplifi Ed Restructuring Proceedings, Daria Kostecka-Jurczyk, Katarzyna Marak

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

In 2020, as a result of the crisis caused by the COVID-19 pandemic, many legal and economic tools were implemented in Poland to stop undertakings from going bankrupt. One of such solutions was the Simplifi ed Restructuring Procedure. A few months later, it was replaced by Proceedings for the Approval of the Arrangement. Both of these procedures are extrajudicial, and their main purpose was to protect debtors and assist their restructuring. Indirectly, the procedure was also keeping the business activities of an insolvent undertaking going, with all the consequences that are associated with it, and above all, the protection of …

The Common Law And First Amendment Qualified Right Of Public Access To Foreign Intelligence Law, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

For millennia, public access to the law has been the hallmark of rule of law. To be legally and morally binding, rules must be promulgated. Citizens’ knowledge of the law, in turn, serves as the lynchpin for democratic governance. In common law countries, it is more than just the statutory provisions and their execution that matters: how courts rule, and the reasoning behind their determination, proves central. Accordingly, in the United States, both common law and the right to petition incorporated in the First Amendment have long enshrined a presumed right of public right of access to Article III opinions …

Taxing The New With The Old: Capturing The Value Of Data With The Corporate Income Tax In Virginia, Coleman H. Cheeley

University of Richmond Law Review

The Commonwealth of Virginia markets itself as “The Largest Data Center Market in the World.”In 2019, the Northern Virginia market alone was the largest in the United States by inventory, with room to grow. In 2021, data centers in Northern Virginia required an estimated 1,686 megawatts of power; that number is expected to increase by 200 megawatts in the near future, reflecting data centers currently under development. For reference, in 2022, it was estimated that more than 100 homes could be powered by one megawatt of solar power in Virginia. Historically, data centers have been located in the Commonwealth due …

Enhanced Privacy-Enabled Face Recognition Using Κ-Identity Optimization, Ryan Karl

Department of Electrical and Computer Engineering: Dissertations, Theses, and Student Research

Facial recognition is becoming more and more prevalent in the daily lives of the common person. Law enforcement utilizes facial recognition to find and track suspects. The newest smartphones have the ability to unlock using the user's face. Some door locks utilize facial recognition to allow correct users to enter restricted spaces. The list of applications that use facial recognition will only increase as hardware becomes more cost-effective and more computationally powerful. As this technology becomes more prevalent in our lives, it is important to understand and protect the data provided to these companies. Any data transmitted should be encrypted …

Identifying And Supporting Financially Vulnerable Women Experiencing Economic Abuse: A Grounded Theory Approach, Leslie Book, Ann Kayis-Kumar, Youngdeok Lim, Jack Noone, Michael Walpole, Jan Breckenridge

Faculty Publications

This study extends the literature by exploring the role of pro bono tax clinics within the social impact ecosystem with a focus on the experiences of women in financial distress who are otherwise unable to access professional tax advice. Using clinic data derived from a pro bono tax advisory clinic, this article finds that 58 per cent of financially vulnerable women seeking pro bono tax services have experienced domestic and family violence (DFV), confirming again the link between financial stress and economic abuse. Yet only 3 per cent of these women were receiving domestic and family violence-related support, highlighting the …

The Crisis Of Unrepresented Immigrants: Vastly Increasing The Number Of Accredited Representatives Offers The Best Hope For Resolving It, Michele R. Pistone

Faculty Publications

The U.S. immigration system is exceedingly complex, and access to legal representation is the primary determinant in obtaining a just immigration outcome. Immigrants must navigate a byzantine, burdensome, and high-stakes legal process, conducted in a language they often do not speak. They often must do so without any legal representation. Unlike criminal defendants, immigrants are not entitled to government-funded lawyers. Legal services organizations, such as Legal Services Corporation, that receive any federal funding are prohibited from providing legal representation to most immigrants. Faith-based and charitable legal services organizations provide some legal representation to immigrants through attorneys, staff members, and volunteer …

Social Costs Of Dobbs' Pro-Adoption Agenda, Malinda L. Seymore

Faculty Scholarship

Abortion opponents have long claimed that women denied access to abortion can simply give their children up for adoption. Justice Alito repeated this argument in Dobbs v. Jackson Women’s Health. Of course, this claim assumes away the burdens of the pregnancy itself, which can result in economic strife, domestic violence, health risks, and potentially death in childbirth. But even on its own terms, the argument that adoption is an adequate substitute for abortion access makes normative assumptions about adoption as a social good in and of itself, ignoring the social costs of adoption for birth parents and adoptees. Idealizing adoption …

A Public Technology Option, Hannah Bloch-Wehba

Faculty Scholarship

Private technology increasingly underpins public governance. But the state’s growing reliance on private firms to provide a variety of complex technological products and services for public purposes brings significant costs for transparency: new forms of governance are becoming less visible and less amenable to democratic control. Transparency obligations initially designed for public agencies are a poor fit for private vendors that adhere to a very different set of expectations.

Aligning the use of technology in public governance with democratic values calls for rethinking, and in some cases abandoning, the legal structures and doctrinal commitments that insulate private vendors from meaningful …

The New Comity Abstention, John Harland Giammatteo

Journal Articles

In the past ten years, lower federal courts have quietly but regularly abstained from hearing federal claims challenging state court procedures, citing concerns of comity and federalism. Federal courts have dismissed a broad range of substantive challenges tasked to them by Congress, including under the Americans with Disabilities Act, the Indian Child Welfare Act, and various constitutional provisions, involving state court eviction proceedings, foster care determinations, bail and criminal justice policies, COVID-era safety practices, and other instances where state courts determine state policy.

This paper is the first to argue that these decisions constitute a new abstention doctrine, unmoored from …

Dividing The Body Politic, James A. Gardner

Journal Articles

It has long been assumed in large, modern, democratic states that the successful practice of democratic politics requires some kind of internal division of the polity into subunits. In the United States, the appropriate methods and justifications for doing so have long been deeply and inconclusively contested. One reason for the intractability of these disputes is that American practices of political self-division are rooted in, and have been largely carried forward from, premodern practices that rested originally on overtly illiberal assumptions and justifications that are difficult or impossible to square with contemporary commitments to philosophical liberalism.

The possibility of sorting …

Exploring The Misalignment Between State And Federal Policies: Trials And Tribulations In A West Texas School District, James Dustin Anderson

Open Access Theses & Dissertations

AbstractThis dissertation examines the complex interplay between state and federal educational policies and their real-world implications within the Texas public education system. Utilizing an autoethnographic approach, the study delves into the experiences of an educational leader during the so-called West Texas School District Cheating Scandal. This event was not an instance of academic dishonesty but rather a significant misalignment between state mandates and federal requirements, specifically surrounding standardized testing protocols. The narrative, constructed through detailed vignettes, brings to life the educator's struggle against the backdrop of this policy dissonance, offering a rich analysis of the situation's ethical, administrative, and systemic …

Reporte Final Del Estudio Del "Proyecto De Reintegración Mexicana", Guillermo J. Garcia Sanchez, Sonia Hernandez, Luz E. Herrera, Angela D. Morrison, Huyen Pham, Nancy Plankey-Videla

Faculty Scholarship

El fenómeno de los mexicanos que estan regresando a México después de una estadía prolongada en Estados Unidos es cada vez más importante. Aunque las estimaciones para el período de 2014 a 2019 muestran que más mexicanos han migrado a Estados Unidos de los que se fueron, la migración neta todavía está muy por debajo del pico de migración neta de 1995 a 2000. En el período de 2014-2019, la migración neta de mexicanos a Estados Unidos era de tan solo 160,000 versus 2.3 millones durante el periodo de 1995 a 2000. Entre 2005 y 2014, Estados Unidos experimentó una …

The Futures Of Law, Lawyers, And Law Schools: A Dialogue Authors, Sameer M. Ashar, Benjamin H. Barton, Michael J. Madison, Rachel F. Moran

Faculty Scholarship

On April 19 and 20, 2023, Professors Bernard Hibbitts and Richard Weisberg convened a conference at the University of Pittsburgh School of Law titled “Disarmed, Distracted, Disconnected, and Distressed: Modern Legal Education and the Unmaking of American Lawyers.” Four speakers concluded the event with a spirited conversation about themes expressed during the proceedings. Distilling a lively two days, they asked: what are the most critical challenges now facing United States legal education and, by extension, lawyers and the communities they serve? Their agreements and disagreements were striking, so much so that Professors Hibbitts and Weisberg invited those four to extend …

Final Report Of The Mexican Reintegration Project Study, Guillermo J. Garcia Sanchez, Sonia Hernandez, Luz E. Herrera, Angela D. Morrison, Huyen Pham, Nancy Plankey-Videla

Faculty Scholarship

The phenomenon of Mexicans returning to Mexico after an extended stay in the United States is an increasingly important one. Though estimates for the period from 2014 through 2019 show that more Mexicans have migrated to the United States than left, net migration is still well below that of peak net migration from 1995 to 2000. In the period of 2014-2019, the net migration of Mexican nationals to the United States was only 160,000 versus 2.3 million during the period from 1995 to 2000. From 2005–2014, the U.S. experienced an outmigration of Mexican nationals, as more Mexicans left the U.S. …

Outlawing Corporate Prosecution Deals When People Have Died, Peter Reilly

Faculty Scholarship

Two Boeing 737 MAX aircraft crashes, occurring less than five months apart in 2018 and 2019, resulted in 346 deaths—possibly the deadliest corporate crime in U.S. history. The United States Department of Justice (DOJ) used an alternative dispute resolution tool called a deferred prosecution agreement (DPA) to resolve criminal charges against Boeing and to immunize the company’s senior-level managers from prosecution. In the end, the company admitted to engaging in the criminal behavior, paid a monetary fine, and agreed to cooperate fully with the government—meaning there would be no courtroom trial, no formal adjudication of guilt, and no possibility of …

Swimming Together Upstream: How To Align Mlp Services With U.S. Healthcare Delivery, William M. Sage, Keegan D. Warren

Faculty Scholarship

Medical-legal partnership (MLP) embeds attorneys and paralegals into care delivery to help clinicians address root causes of health inequities. Notwithstanding decades of favorable outcomes, MLP is not as well-known as might be expected. In this essay, the authors explore ways in which strategic alignment of legal services with healthcare services in terms of professionalism, information collection and sharing, and financing might help the MLP movement become a more widespread, sustainable model for holistic care delivery.

"No Conflict Here Counsel, Scout's Honor": The Third Circuit Sets The Standard For Reviewing Retention Of Counsel Under 11 U.S.C. § 327 In In Re Boy Scouts Of America, Dominick V. Manetta

Villanova Law Review (1956 - )

No abstract provided.

Dignity, Deference, And Discrimination: An Analysis Of Religious Freedom In America’S Prisons, Elyse Slabaugh

BYU Law Review

The free exercise of religion often presents a complex reality in prison. Over the years, the standard of scrutiny for free exercise claims has not only been easily alterable but also unclear and inconsistent in its application. Recent legislation, such as RLUIPA and RFRA, has significantly improved the state of religious freedom in prisons. However, two U.S. Supreme Court decisions on RLUIPA—Cutter v. Wilkinson and Holt v. Hobbs—have led to some confusion among lower courts regarding the level of deference that should be afforded to prison officials. Although Holt demonstrated a hard look approach to strict scrutiny, it did nothing …

The Return Of A Beloved Franchise: How Video Game Developers And Nil Licensing Brokers Can Use Mediation To Resolve Their Disputes, Nicholas Wynne

Cardozo Journal of Conflict Resolution (CJCR) Blog

As of June 30, 2021, the NCAA no longer prohibited collegiate athletes from profiting from their name, image, and likeness (NIL). This was good news for EA Sports, a sports video game developer, considering that it announced in February of that year that it planned to bring back its college football game. Prior to this news from the NCAA, EA Sports was planning on moving forward with the game without rosters that contained the names, images, or likenesses of any collegiate players, but remained hopeful that NIL rules would change in the future. Luckily for EA Sports, the NCAA rules …