Law Commons^™

Baby Steps: Why The Florida Supreme Court’S New Parental Leave Continuance Rule Reinvigorates The Fmla’S Underlying Gender Equity Goals Within The Legal Profession And Why More States Should Follow Suit, Katie B. Miesner

FIU Law Review

Although women are enrolling in law school and joining the legal profession in significant numbers, law firms are struggling to retain female lawyers. This poses a significant challenge to achieving gender equity at the highest levels of the legal profession, prompting several important questions: Why are women leaving the profession early; what policies or changes should be implemented to address this problem; and who is best suited to lead these efforts? One of the main reasons women leave the profession early is due to their disproportionate caregiving responsibilities. In response, both public and private measures have been introduced to address …

The Who’S 75th Anniversary: Who At A Pivotal Moment In History, Lawrence O. Gostin, Danwood Mzikenge Chirwa, Helen Clark, Roojin Habibi, Björn Kümmel, Jemilah Mahmood, Benjamin Mason Meier, Winnie Mpanju-Shumbusho, K. Srinath Reddy, Attiya Waris, Miriam Were

Georgetown Law Faculty Publications and Other Works

The World Health Organisation (WHO) was inaugurated in 1948 to bring the world together to ensure the highest attainable standard of health for all. Establishing health governance under the United Nations (UN), WHO was seen as the preeminent leader in public health, promoting a healthier world following the destruction of World War II and ensuring global solidarity to prevent disease and promote health. Its constitutional function would be ‘to act as the directing and coordinating authority on international health work’. Yet today, as the world commemorates WHO’s 75th anniversary, it faces a historic global health crisis, with governments presenting challenges …

Infrastructuring The Digital Public Sphere, Julie E. Cohen

Georgetown Law Faculty Publications and Other Works

The idea of a "public sphere"--a shared, ideologically neutral domain where ideas and arguments may be shared, encountered, and contested--serves as a powerful imaginary in legal and policy discourse, informing both assumptions about how public communication works and ideals to which inevitably imperfect realities are compared. In debates about feasible and legally permissible content governance mechanisms for digital platforms, the public sphere ideal has counseled attention to questions of ownership and control rather than to other, arguably more pressing questions about systemic configuration. This essay interrogates such debates through the lens of infrastructure, with particular reference to the ways that …

On Selected Current Financial Market Problems, Iwona Dorota Czechowska, Edyta Rutkowska-Tomaszewska

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

From the issue’s thematic editors

Table Of Contents

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

Table of contents

Entire Issue Vol. 12 No. 7

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

Vol. 12(7)

Maritime Governance : Contextual Factors Affecting Implementation Of Imo Instruments, Deniece Aiken

World Maritime University Ph.D. Dissertations

Maritime governance has been generally described as a complex set of rules and regulations developed for the regulation of shipping. The maritime industry is responsible for transporting over 80% of global trade, and involves interrelations between international bodies, state parties, non-governmental organizations, shipping companies and other stakeholders which, in itself, brings about many intricacies. Regulation of this sector is informed by a constant interplay amongst the various actors centred around the development of international regulations at the International Maritime Organization (IMO), the implementation of these regulations within the national jurisdictions of Member States and the reporting of regulatory outcomes. Whilst …

Harmonisation In The Rules Governing The Recognition Of Foreign Judicial Ship Sales, Yingfeng Shao

World Maritime University Ph.D. Dissertations

Ships, the high-value asset used in both seagoing and inland navigation, and in which various legal and natural persons have interests, must be secured against legal risks arising from any cross-border legal divergence. Legal certainty of ownership of the ship is therefore desirable but it is under challenge with regard to the judicial sale of a ship: the effects of a judicial sale may be denied in a jurisdiction other than the place where it was sold under the principles of state jurisdiction.

Multiple efforts have been made to address legal uncertainty. Particularly important is a new treaty governing the …

Standing, Nominal Damages, And Nominal Damages "Workarounds" In Intellectual Property Law After Transunion, Thomas F. Cotter

Articles

In June 2021, the United States Supreme Court held, in TransUnion LLC v. Ramirez, that plaintiffs lack standing to assert claims for statutory damages under the Fair Credit Reporting Act unless they can demonstrate “concrete harm” arising from those violations. Although TransUnion was not a case involving intellectual property (“IP”) rights, if the rationale of the decision is that Congress cannot authorize federal courts to entertain claims for statutory damages unless the plaintiff shows that it has suffered actual harm, some common monetary awards for the infringement of IP rights — specifically, statutory damages, reasonable royalties, and (in design patent …

Constitutional Review Of Federal Tax Legislation, Reuven S. Avi-Yonah, Yoseph M. Edrey

Articles

What does the Constitution mean when it says that “The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States” (U.S. Const. Article I, Section 8, Clause 1)?

The definition of “tax” for constitutional purposes has become important considering the Supreme Court’s 2012 decision in National Federation of Independent Business v. Sebelius (“NFIB”), in which Chief Justice Roberts for the Court upheld the constitutionality of the individual mandate of the Patient Protection and Affordable Care Act (“ACA”) under the taxing …

A New Framework For Taxing Cryptocurrencies, Reuven S. Avi-Yonah, Mohanad Salaimi

Articles

This Article explores the tax law challenges associated with the taxation of cryptocurrencies and offers proposals to address such challenges. The Article addresses the proper tax treatment of different cryptocurrency transactions and activities. It examines various aspects associated with the taxation of cryptocurrency through its life cycle, starting from earning cryptocurrency, through its disposal or exchange. The Article also examines the tax treatment of two special crypto events, hard forks and airdrops. Specifically, this Article describes a proposal to tax cryptocurrencies based on their unique features. It argues that various ways of earning or receiving crypto tokens (for example, mining …

Status Manipulation In Chae Chan Ping V. United States, Sam Erman

Michigan Law Review

A Review of Chae Chan Ping v. United States. By Rose Cuison-Villazor in Critical Race Judgments: Rewritten U.S. Court Opinions on Race and the Law 74, 84. Edited by Bennett Capers, Devon W. Carbado, R.A. Lenhardt and Angela Onwuachi-Willig.

We Must Protect Investors And Our Banking System From The Crypto Industry, Arthur E. Wilmarth Jr.

GW Law Faculty Publications & Other Works

The crypto boom and crash of 2020-22 demonstrated that (i) cryptocurrencies with fluctuating values are extremely risky and highly volatile assets, and (ii) cryptocurrencies known as “stablecoins” are vulnerable to systemic runs whenever there are serious doubts about the adequacy of reserves backing those stablecoins. Crypto firms amplified the crypto boom with aggressive and deceptive marketing campaigns that targeted unsophisticated retail investors. Scandalous failures of prominent crypto firms accelerated the crypto crash by inflicting devastating losses on investors and undermining public confidence in crypto-assets.

Federal and state regulators have allowed banks to become significantly involved in crypto-related activities. Several FDIC-insured …

Now You See Them, Now You Don’T: International Court-Appointed Experts, Wartime Reparations, And The Drc V. Uganda Case, Sean D. Murphy, Yuri Parkhomenko

GW Law Faculty Publications & Other Works

One intersection between scholarship and practice in international humanitarian law (IHL) is observable in international litigation concerning violations of the law of war. An interesting example in this regard recently arose in the case before the International Court of Justice (ICJ) by the Democratic Republic of the Congo against Uganda for war-related claims. At the reparations phase, the Court decided not to rely solely on the submissions of the Parties, but to task certain scholars and other experts to answer evidentiary questions. Yet, when the Court’s judgment was issued in February 2022, the role of these experts turned out to …

Compensation Under The Microscope: Michigan, Jeffrey Gutman

GW Law Faculty Publications & Other Works

Michigan’s state compensation statute took effect in 2017. It has been in effect long enough to allow pre-statute exonerees to file and resolve state claims. But, the statute is not so old such that prior processes for resolving claims skew the statistics. There was, however, initial uncertainty over the proper statute of limitations by which a claim must be filed in the Michigan Court of Claims. The Court of Claims’ interpretation led to the dismissal of about ten claims. Those were appealed to the Michigan Court of Appeals. Meanwhile, the legislature amended the statute retroactively to impose a more generous …

The Heritage Of The Articles On State Responsibility For The International Law Commission, Sean D. Murphy

GW Law Faculty Publications & Other Works

In the two decades since their adoption in 2001, the International Law Commission (ILC)’s Articles on the Responsibility of States for Internationally Wrongful Acts (ASR) have had an extraordinary influence, not just on the field of international law generally, but also on the work of the ILC itself. Indeed, the ILC concluded four projects that directly resulted from or were closely related to the ASR in the first decade after its adoption. Moreover, references to the ASR have worked their way into most (albeit not all) of the ILC topics completed since 2001.

Yet those express references tell just part …

Who Are Quality Shareholders And Why You Should Care, Lawrence A. Cunningham

GW Law Faculty Publications & Other Works

Delaware may be the country's last best hope for maintaining balance and rationality in the country's system of corporate governance, as its policies advance the interests of quality shareholders, those with a deep and abiding interest in a particular corporation, rather than the agendas of assorted interest groups seeking to use the corporate form for parochial purposes. The text is based upon the 37th Annual Francis X. Pileggi Distinguished Lecture in Law which Professor Cunningham presented in February 2023 to the Delaware bench and bar and to the faculty and students of Delaware Law School.

Litigation To Protect The Marine Environment: Parallels And Synergies With Climate Litigation, Randall S. Abate, Nadine O. Nadow, Hayley-Bo Dorrian-Bak

GW Law Faculty Publications & Other Works

This paper reviews recent successes and obstacles in using litigation as a tool to address issues in several contexts in the marine environment. It surveys developments at the international, national, and sub-national levels and offers lessons from creative climate litigation strategies as a way to enhance litigation to protect the marine environment. It also recommends ways in which the ocean-climate nexus can provide mutual benefits in advancing the agendas of climate change regulation and ocean stewardship.

The Democratic Problems With Washington As The Capital, David Fontana

GW Law Faculty Publications & Other Works

Democracy demands a capital city that represents a country and is not removed from it. If the government is to be of the people and for the people, then the capital must be able to relate to the people—and the people to the capital. In the United States, democracy struggles not just because of what happens outside of and comes to Washington, but because of what happens inside Washington. The federal government, in other words, faces democratic problems because of the type of place that Washington is. There are many factors to consider in deciding where a country should be …

Congressional Testimony: Shareholder Proposals, Index Fund Voting And The Need For Proxy Advisor Reform, Lawrence A. Cunningham

GW Law Faculty Publications & Other Works

This Congressional testimony, requested by the House Financial Services Committee, reviews the history and current state of the federal shareholder proposal rule and how it has been seized by special interests to push agendas at odds with shareholder interests; ponders the conundrum that passive investment funds deign to actively vote shares without either knowledge or authority; and laments how proxy advisors, intended to support such passive funds, make matters worse through a lack of both accountability and incentives to promote accuracy rather than expediency. Congress should restore the legitimacy of the shareholder proposal process, revisit and/or eliminate voting by index …

In Memoriam Thomas Buergenthal (1934-2023), Sean Murphy

GW Law Faculty Publications & Other Works

Thomas Buergenthal—a Holocaust survivor; a ground-breaking scholar, teacher, and mentor; and a practitioner who scaled the heights of his profession—died at his home in Miami on May 29, 2023. This In Memoriam briefly notes his remarkable life and professional accomplishments, including his youth spent in Nazi concentration camps and his service as a Judge of the International Court of Justice.

When reflecting on his life-long pursuit of robust and effective human rights, Judge Buergenthal understood that, despite great progress in the field of human rights, much remained to be done, and that sadly many atrocities continued across the globe. Yet …

Deploying The Wto Agreement On Government Procurement (Gpa) To Enhance Sustainability And Accelerate Climate Change Mitigation, Robert D. Anderson, Antonella Salgueiro, Steven L. Schooner, Marc Steiner

GW Law Faculty Publications & Other Works

Mitigating climate change and promoting sustainability are defining challenges of our time. Public procurement has a vital role to play in responding to the current crises. This article makes the case that the World Trade Organization’s (WTO) Agreement on Government Procurement (GPA), and specifically the Work Programme on Sustainable Procurement that has been initiated pursuant to the Agreement, can serve as important instruments to promote sustainable approaches to public procurement internationally, consistent with the goals of climate change mitigation.

The Work Programme, which was established at the time of the GPA’s modernization in 2012 and on which important work has …

Delegated Agency Authority To Address Chemicals Of Emerging Concern: Epa’S Strategic Use Of Emergency Powers To Address Pfas Air Pollution, Robert L. Glicksman, Johanna Adashek

GW Law Faculty Publications & Other Works

PFAS are a class of chemicals that pose some of the most serious and multifaceted health and environmental threats of the past century. Manufactured since the 1940s, used in everyday products from non-stick cookware, to fire-fighting foams, to makeup and shaving cream, and found in even the most remote parts of the world, PFAS are ubiquitous. The most thoroughly-studied PFAS have demonstrable serious health effects that include reproductive and developmental dysfunctions, interference with the body’s hormonal and immune systems, suppression of vaccine responsiveness, and links to various types of cancers. In response to scientists’ identification of the multitude of health …

Can Ai Standards Have Politics?, Alicia Solow-Niederman

GW Law Faculty Publications & Other Works

How to govern a technology like artificial intelligence (AI)? When it comes to designing and deploying fair, ethical, and safe AI systems, standards are a tempting answer. By establishing the best way of doing something, standards might seem to provide plug-and-play guardrails for AI systems that avoid the costs of formal legal intervention. AI standards are all the more tantalizing because they seem to provide a neutral, objective way to proceed in a normatively contested space. But this vision of AI standards blinks a practical reality. Standards do not appear out of thin air. They are constructed. This Essay analyzes …

How To Make A Zoning Atlas 2.0: The Official Methodology Of The National Zoning Atlas, Sara C. Bronin, Scott Markley, Aline Fader, Evan Derickson

GW Law Faculty Publications & Other Works

This methodology, How to Make a Zoning Atlas 2.0, followed on How to Make a Zoning Atlas and was used for a period by the National Zoning Atlas team. It has since been superseded in several key respects and no longer reflects the current process, but is maintained here for historical reference. The National Zoning Atlas has two workflows – one involving analysis of zoning texts, the other involving analysis of zoning maps – the products of which are merged and published to an online, interactive map. This methodology tracks methods used to create both workflows, giving zoning code and …

Investigating Name, Image, And Likeness Through Project-Based Learning, Brendan O'Hallarn, Craig A. Morehead, Michelle Carpenter, Jay O'Toole

Communication & Theatre Arts Faculty Publications

The 2021 Supreme Court ruling granting college athletes the right to monetize their name, image, and likeness (NIL) was greeted in equal measure by enthusiasm and confusion by college athletes and the institutions for which they compete. This paper suggests an approach whereby college classes can provide guidance for college athletes to navigate the nascent, evolving NIL rules and provide an opportunity for current, relevant project-based learning. The Old Dominion University Name, Image, and Likeness Knowledge Hub had limitations in its deliverable—a guide for college athletes seeking to leverage their NIL rights—but it represents a novel learning opportunity because of …

Supreme Court Rulemaking: The Making Of The Supreme Court Rules, Scott Dodson

The Judges' Book

No abstract provided.

A Picture Worth A Thousand Words: Factors Influencing Disability Accommodations, Alicia E. Martin

Cal Poly Humboldt theses and projects

Because not all disabilities look the same it is difficult to label a person with disabilities just by looking at them. Given that our knowledge, attitudes, and perceptions impact how we interpret our world and our willingness to act, people, including professors, may be biased toward providing accommodations for those with easily recognizable disabilities and biased against those with non-recognizable disabilities, and this may impact the disabled person’s ability to learn. This thesis aims to address whether professors’ disability-related attitudes, perceptions of accommodation reasonableness, and willingness to provide accommodations differ when the disability is recognizable (student is pictured in a …

Public Health Product Hops, Michael S. Sinha

All Faculty Scholarship

Pharmaceutical product hops are anticompetitive maneuvers that often represent a last-ditch effort by brand manufacturers to preserve market share in the face of generic competition. An integral part of product life cycle management strategies, product hops may offer marginal benefits to patients but can substantially increase costs to payers and patients alike. Yet industry advocates maintain that this is essential follow-on research and development, resulting in the development of novel products that would otherwise never reach the market.

Is there a middle ground between these two diametrically opposed views? Might certain product hops be considered beneficial, perhaps if they furthered …

Dobbs In A Technologized World: Implications For Us Data Privacy, Jheel Gosain, Jason D. Keune, Michael S. Sinha

All Faculty Scholarship

In June of 2022, the U.S. Supreme Court issued its opinion in Dobbs v. Jackson Women’s Health Organization, overturning 50 years of precedent by eliminating the federal constitutional right to abortion care established by the Court’s 1973 decision in Roe v. Wade. The Dobbs decision leaves the decision about abortion services in the hands of the states, which created an immediately variegated checkerboard of access to women’s healthcare across the country. This in turn laid bare a profusion of privacy issues that emanate from our technologized world. We review these privacy issues, including healthcare data, financial data, website tracking and …