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Full-Text Articles in Law

#Metoo And The Corporation In Popular Culture, Brenda Cossman Jan 2023

#Metoo And The Corporation In Popular Culture, Brenda Cossman

Seattle University Law Review

#MeToo’s initial virtual explosion in the fall of 2017 was very much about Hollywood, with famous actresses speaking out against famous producers, media moguls and celebrities, exposing the ubiquity of sexual harassment and sexual violence in and around the entertainment industry. Since then, #MeToo has made its way into Hollywood representations without much irony. Films and television shows have explicitly taken up the #MeToo themes, exploring issues of sexual harassment and violence and its afterlives. Many television shows, from the relaunched version of Murphy Brown to Brooklyn Nine-Nine to The Good Fight have incorporated #MeToo themes into episodes exploring the …

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Woke Capital Revisited, Jennifer S. Fan Jan 2023

Woke Capital Revisited, Jennifer S. Fan

Seattle University Law Review

Inclusive corporate leadership is now at the forefront of discussions related to corporate governance. Two corporate theories help to explain the rise in prominence of diversity, equity, and inclusion (“DEI”) efforts in corporate leadership. First, an expanded definition of corporate purpose which elevated the idea of the importance of stakeholders, contributed to the momentum from business and legal quarters for broader corporate inclusion. Second, the increasing publicness of corporations—the social expectation of how large, typically public corporations should act given their position of power—also led to corporations becoming more active in the DEI space. It is against this backdrop that …

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Army Commander’S Role—The Judge, Jury, & Prosecutor For The Article 15, Anthony Godwin Jan 2023

Army Commander’S Role—The Judge, Jury, & Prosecutor For The Article 15, Anthony Godwin

Seattle University Law Review

Service members in the armed forces are bound by a different set of rules when compared to other U.S. citizens. Some of the normal safeguards and protections that civilians enjoy are much more restrictive for military service members, and this is generally for a good reason. Such restrictions are partly due to the complex demands and needs of the United States military. Congress and the President have entrusted military commanders with special powers that enable them to handle minor violations of law without needing to go through a full judicial proceeding. Non-judicial punishments (NJP), also known as Article 15s, are …

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Labor Control, Resistance, And The Advent Of 'Development': Modalities Of Governance In The British Empirce, C. 1926-1940, Christopher M. Roberts Jan 2023

Labor Control, Resistance, And The Advent Of 'Development': Modalities Of Governance In The British Empirce, C. 1926-1940, Christopher M. Roberts

Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)

This article examines the manner in which a new approach to governance, that of ‘development,’ evolved within the British Empire over the course of the late 1920s and 1930s. Throughout the period in question, and in continuity with previous periods, the British governed their empire through a range of coercive measures designed to control the population and compel their labor. Measures adopted and frequently relied upon included the delegation of police powers to private authorities, restrictive and extractive tax, movement and labor laws, recourse to forced labor, increasing reliance on militarized police, and growth in the intelligence services. Over the …

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The Importance Of Exit Via Acquisition To Venture Capital, Entrepreneurship, And Innovation, Devin Reilly, D. Daniel Sokol, David Toniatti Jan 2023

The Importance Of Exit Via Acquisition To Venture Capital, Entrepreneurship, And Innovation, Devin Reilly, D. Daniel Sokol, David Toniatti

Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)

Antitrust regulators around the world, including in the UK, have proposed changes to merger review policies that impact how acquisitions of start-ups would be investigated and evaluated. Such changes will likely lead to heightened scrutiny—and increased costs and longer reviews—for many acquisitions, including both horizontal and non-horizontal mergers. In evaluating the merits of such changes, it is critical to take into account the important role that exit via acquisition plays in providing incentives for venture capital (VC) investment and entrepreneurship. This article seeks to provide context for evaluating the effects of such proposed changes. First, it documents the links among …

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A Central Counterterrorism Coalition: An Analysis Of Intelligence Sharing And The Challenges It Faces In The European Union, Elisabeth Bernabe Jan 2023

A Central Counterterrorism Coalition: An Analysis Of Intelligence Sharing And The Challenges It Faces In The European Union, Elisabeth Bernabe

Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)

No abstract provided.

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The Eu's Cbam, Complying With The Cbdr Principle Could Also Mean Compliance With Wto Law, Carlos A. Alonso Gayon Jan 2023

The Eu's Cbam, Complying With The Cbdr Principle Could Also Mean Compliance With Wto Law, Carlos A. Alonso Gayon

Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)

No abstract provided.

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A Behaviorial Economics Analysis Of Will Making Preferences: When To Begin And Who Should Have The Most Input?, Tina Cockburn, Kelly Purser, Ho Fai Chan, Bridget J. Crawford, Stephen Whyte, Uwe Dulleck Jan 2023

A Behaviorial Economics Analysis Of Will Making Preferences: When To Begin And Who Should Have The Most Input?, Tina Cockburn, Kelly Purser, Ho Fai Chan, Bridget J. Crawford, Stephen Whyte, Uwe Dulleck

Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)

No abstract provided.

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The Targeting Of Underseas Communications Cables: Armed Conflict, Developing States, And The Need For A Twail Approach, Stephen Floyd Jan 2023

The Targeting Of Underseas Communications Cables: Armed Conflict, Developing States, And The Need For A Twail Approach, Stephen Floyd

Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)

No abstract provided.

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Keeping Children With Their Parents: How U.S. Immigration Law Fails To Uphold The International Right To Family Unity, Michael Duchesne Jan 2023

Keeping Children With Their Parents: How U.S. Immigration Law Fails To Uphold The International Right To Family Unity, Michael Duchesne

Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)

No abstract provided.

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A Synthesis Of The Science And Law Relating To Eyewitness Misidentifications And Recommendations For How Police And Courts Can Reduce Wrongful Convictions Based On Them, Henry F. Fradella Jan 2023

A Synthesis Of The Science And Law Relating To Eyewitness Misidentifications And Recommendations For How Police And Courts Can Reduce Wrongful Convictions Based On Them, Henry F. Fradella

Seattle University Law Review

The empirical literature on perception and memory consistently demonstrates the pitfalls of eyewitness identifications. Exoneration data lend external validity to these studies. With the goal of informing law enforcement officers, prosecutors, criminal defense attorneys, judges, and judicial law clerks about what they can do to reduce wrongful convictions based on misidentifications, this Article presents a synthesis of the scientific knowledge relevant to how perception and memory affect the (un)reliability of eyewitness identifications. The Article situates that body of knowledge within the context of leading case law. The Article then summarizes the most current recommendations for how law enforcement personnel should—and …

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Orienting Toward Party Choice: A Simple Self-Determination Tool For Mediators, Robert A. Baruch Bush, Dan Berstein Jan 2023

Orienting Toward Party Choice: A Simple Self-Determination Tool For Mediators, Robert A. Baruch Bush, Dan Berstein

Hofstra Law Faculty Scholarship

This paper introduces a new method and tool for mediators to use as a way of keeping party self-determination foremost in their practice. The tool is based on the "checklist" model used to ensure best practices for healthcare professionals in hospitals, and also on discourse analysis methods to identify key markers of party actions to exercise self-determination in mediation sessions. The self-determination checklist is a simple way for mediators to orient their interventions so as to support the parties' own deliberation and decision-making efforts.

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On Current Selected Financial Market Problems, Edyta Rutkowska-Tomaszewska Jan 2023

On Current Selected Financial Market Problems, Edyta Rutkowska-Tomaszewska

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

From the issue’s thematic editors

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Editor’S Note, Deepak Shimkhada Jan 2023

Editor’S Note, Deepak Shimkhada

Monsoon: South Asian Studies Association Journal

This special issue of Monsoon is dedicated to the studies honoring the goddess traditions in South Asia. The onset of the Monsoon Season in South Asia typically commences in June and continues until late August and early September. The publication of this issue, therefore, has been strategically timed to coincide with that season, which is a vital source of sustenance for millions of individuals in this part of the world. This anthology consisting of five papers—written by scholars with expertise in the field of goddess and women studies—speak unequivocally about the goddesses or women for their strength, beauty, wisdom, and …

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Constructing Jain Goddess Padmavātī In Gujarati Literature, Venu Mehta Jan 2023

Constructing Jain Goddess Padmavātī In Gujarati Literature, Venu Mehta

Monsoon: South Asian Studies Association Journal

Worship of the goddess Padmāvatī emerged more than a thousand years ago. This article explores three songs about her in Gujarati by Paṇḍit Vīrvijayajī (1773-1852). By analyzing the style and form of his work, one learns a great deal about devotional liturgies that commemorate goddess Padmāvatī’s protection of the Jina Pārśvanātha and, in turn, his protection of her.

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Women’S Voices From History: Gond Rani Durgawati And Rani Lakshmibhai, Nandini Sengupta, Moupia Basu Jan 2023

Women’S Voices From History: Gond Rani Durgawati And Rani Lakshmibhai, Nandini Sengupta, Moupia Basu

Monsoon: South Asian Studies Association Journal

Two strong women are compared and contrasted in this article. Gond Rani Durgawati (1524-1564) led a resistance movement in Jabalpur against the Mughal rule of Akbar. Rani Lakshmibai (1828-1858) organized the people of Jhansi against Sir Hugh Rose, an officer defending the interests of the British East India Company. Both women continue to be remembered for their bravery and their loyalty to the people they ruled.

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Mai Bhago And Amrita Devi Bishnoi: Women Of Strength, Sowmya Ayyar Jan 2023

Mai Bhago And Amrita Devi Bishnoi: Women Of Strength, Sowmya Ayyar

Monsoon: South Asian Studies Association Journal

Mai Bhago (1670-1720), also known as Bhag Kaur, distinguished herself on the battlefield to defend the Sikh faith. Amrita Devi Bishnoi (d. 1730) is said to have sacrificed her life with 362 others to protect the Khejari trees in the Rajasthan desert. Both women continue to inspire social justice and ecological activism.

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An Examination Of Gandhian Economic And Political Thought And Its Relevance To The Empowerment Of Women, Purnima Mehta Bhatt Jan 2023

An Examination Of Gandhian Economic And Political Thought And Its Relevance To The Empowerment Of Women, Purnima Mehta Bhatt

Monsoon: South Asian Studies Association Journal

Mahatma Gandhi (1869-1948) sought to alleviate poverty and empower women. His commitment to nonviolence and the economic ideal of “small is beautiful” continue to inspire grassroots movements around the globe. This article discusses the Chipko movement of northern India, the protection of rain forests in Kerala’s Silent Valley, the Self Employed Women’s Association (SEWA), and Medha Patkar’s valiant though ultimately futile attempt to save the Narmada River from a massive government damming project. The ongoing legacy of these movements can be found in AWAG, the Ahmedabad Women’s Action Group and Women’s Shanti Sena (Peace Force).

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Indigenous Stitch-Arts Of India: Tradition And Revival In A Global Age, Punam Madhok Jan 2023

Indigenous Stitch-Arts Of India: Tradition And Revival In A Global Age, Punam Madhok

Monsoon: South Asian Studies Association Journal

Stitch art allows for the creative expression and economic support of countless women throughout India. This article examines four notable styles: chikankari, flora and fauna stitched in white thread on fine white cotton, rabari, the stitching of mirrors into colorful cloth, phulkari, resplendent flowery motifs sewn into shawls in Punjab, and kantha, Bengali patch work yielding quilts and seating mats. In addition to describing each technique, this article discusses how women have been economically empowered through this art by such organizations as Self-Help Enterprise (SHE) in Kolkata and Adithi, a women’s cooperative, in Bihar.

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States Have Long Tried To Ban Ideas From The Classroom: The Current Road Brings A Fresh Evil, Leonard Niehoff Jan 2023

States Have Long Tried To Ban Ideas From The Classroom: The Current Road Brings A Fresh Evil, Leonard Niehoff

Other Publications

Efforts by state and local officials to ban ideas and books from public school classrooms are nothing new. Recent attempts to do so, however, have a uniquely pernicious characteristic. The current wave of bans doesn’t just seek to censor thoughts or words; it seeks to censor identity.

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Preface To Legal Comm. & Rhetoric: Jalwd, Margaret C. Hannon, Jessica Wherry Jan 2023

Preface To Legal Comm. & Rhetoric: Jalwd, Margaret C. Hannon, Jessica Wherry

Other Publications

We celebrate the Twentieth Volume of Legal Communication & Rhetoric: JALWD! This volume reveals and discusses opportunities for growth and new frontiers in the field of legal communication. ChatGPT makes its first impact on the journal with former Editor-in-Chief Ian Gallacher's essay, and we invited ChatGPT to help with the preface. ChatGPT's response to "write a preface for a journal volume with a theme of opportunities for growth and new frontiers in the field of legal communication" was a bit over the top (which could have been tempered with a revised prompt).

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The First Us Tax Treaty And Its Influence, Reuven S. Avi-Yonah Jan 2023

The First Us Tax Treaty And Its Influence, Reuven S. Avi-Yonah

Other Publications

In 1945, the US negotiated a tax treaty with the UK.1 This treaty was based on the London model, which was the last contribution of the League of Nations to international tax. Since it was a treaty between the two most important economies in the world, it precipitated the post-war rise in tax treaty negotiations. It also was similar to the first OECD model of 1963. In general, with a few exceptions (citizenship-based taxation, residence of corporations, limitation on benefits) the US models of 1981, 1996, 2006 and 2016 closely resemble the OECD model. This is not surprising given the …

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Report Of The International Commission Of Human Rights Experts On Ethiopia, Mohamed Chande Othman, Steven Ratner, Radhika Coomaraswamy Jan 2023

Report Of The International Commission Of Human Rights Experts On Ethiopia, Mohamed Chande Othman, Steven Ratner, Radhika Coomaraswamy

Other Publications

In the present report, submitted pursuant to Human Rights Council resolution 51/27, the International Commission of Human Rights Experts on Ethiopia provides an overview of the human rights situation in Ethiopia. It identifies grave and systematic violations of international law and crimes committed in Tigray, as well as in Amhara, Afar and Oromia. Violations include mass killings, rape, starvation, forced displacement and arbitrary detention. The conflict in Tigray has not ended, with Eritrean troops and Amhara militias engaging in ongoing violations. Past and current violations and abuses in the four regions mentioned above demand further investigation. The Government of Ethiopia …

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The Scholar: Twenty-Five Years Of Change., Catherine Casiano Jan 2023

The Scholar: Twenty-Five Years Of Change., Catherine Casiano

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

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Coming Of Age In The Eyes Of The Law: Theconflict Between Miranda, J.D.B., And Puberty, David M. N. Garavito Jan 2023

Coming Of Age In The Eyes Of The Law: Theconflict Between Miranda, J.D.B., And Puberty, David M. N. Garavito

Articles

Everyone knows that going through puberty is associated with a multitude of changes: physical, mental, hormonal, etc. Fewer people know that when and how fast one goes through puberty can also be associated with changes to one’s legal rights. The Supreme Court of the United States held, in the landmark case of J.D.B. v. North Carolina, that there were many “commonsense conclusions” that could be drawn from how a child’s age would affect their interactions with law enforcement. In that case, the Court was deciding whether age should affect whether a child was considered “in custody” of the police, granting …

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Trademarks And Censorship In The Time Of Covid-19, Xuan-Thao Nguyen Jan 2023

Trademarks And Censorship In The Time Of Covid-19, Xuan-Thao Nguyen

Articles

During the devastating year of 2020, China quickly conquered the novel coronavirus and roared back economically while the United States faced staggering deaths and economic losses. But underneath the divergent experience of the two countries is an untold story of trademark and censorship in the time of COVID-19. This Article observes that while the United States Supreme Court has lifted the ban on trademark registrations for unconstitutional viewpoint discrimination, opening the door for offensive COVID-19 trademark applications, China has transformed trademark law into the law for censorship as Chinese authorities press forward to achieve twin victories over the coronavirus and …

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Privacy And National Politics: Fingerprint And Dna Litigation In Japan And The United States Compared, Dongsheng Zang Jan 2023

Privacy And National Politics: Fingerprint And Dna Litigation In Japan And The United States Compared, Dongsheng Zang

Articles

Drawing cases from two related areas of law-fingerprint and DNA (deoxyribonucleic acid) data-this Article proposes a modified framework, built on the Balkin-Levinson emphasis on national politics: First, national politics understood as partisan rivalry cannot account for what I call doctrinal lock-in in this Article, where I will demonstrate that in different stages of American politics-the Lochner era, the New Deal era, and Civil Rights era-courts across the nation ruled predominantly in favor of public data collectors-state and federal law enforcement in fingerprint cases. From the 1990s, when DNA data became hot targets of law enforcement, the United States Supreme Court …

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Woke Capital Revisited, Jennifer S. Fan Jan 2023

Woke Capital Revisited, Jennifer S. Fan

Articles

Inclusive corporate leadership is now at the forefront of discussions related to corporate governance. Two corporate theories help to explain the rise in prominence of diversity, equity, and inclusion (“DEI”) efforts in corporate leadership. First, an expanded definition of corporate purpose which elevated the idea of the importance of stakeholders, contributed to the momentum from business and legal quarters for broader corporate inclusion. Second, the increasing publicness of corporations—the social expectation of how large, typically public corporations should act given their position of power—also led to corporations becoming more active in the DEI space. It is against this backdrop that …

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Manufacturing Innovation, Xuan-Thao Nguyen Jan 2023

Manufacturing Innovation, Xuan-Thao Nguyen

Articles

Using intellectual property assets as the proxy for innovation measures, this paper provides a comprehensive analysis of the legal and policy strategies that form the foundation for China's new role as the global manufacturer of innovation. Manufacturing innovation is evident through China's multi-prong approach regarding intellectual property production and maximization. Significantly, among many other policies that target innovation, China encourages the production of innovation by accepting patents and trademarks as collateral assets for financing. Entrepreneurs can quickly obtain loans against their portfolios of patents and trademarks. China also requires enterprises seeking to undergo an initial public offering (IPO) on the …

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Conditions Of Participation: Incorporating The History Of Hospital Desegregation, Sallie Sanford Jan 2023

Conditions Of Participation: Incorporating The History Of Hospital Desegregation, Sallie Sanford

Articles

Our students ought to know about the history of formal hospital segregation and desegregation. To that end, this article urges those who teach foundational health law and policy courses to do three things. First, to teach the Simkins case. Second, to swap out the usual Medicare signing ceremony picture for one that includes W. Montague Cobb, M.D., Ph.D. Third, to highlight how the implementation of that program for the elderly led, in a matter of months, to the desegregation of hospitals throughout the country.

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