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Articles 91 - 120 of 125
Full-Text Articles in Other Law
Global Supply Chain Resilience In Emerging Technologies: A Case Study Of Bitcoin Mining, Kishanthi Parella, Carla L. Reyes
Global Supply Chain Resilience In Emerging Technologies: A Case Study Of Bitcoin Mining, Kishanthi Parella, Carla L. Reyes
Seattle University Law Review
The United States has put into motion bold plans in critical and emerging technologies to bolster its national and economic security. For example, the federal government created a national bitcoin strategic reserve and a stockpile of other cryptocurrency; while several states have committed to or are considering similar goals. However, the security of these reserves is dependent on two types of supply chains within the Bitcoin mining industry: analogue supply chains, relating to the physical components needed for Bitcoin mining, and data supply chains, relating to the complex and layered logistical network of actors that create input into the software …
A Comparative Study Of Chinese And American Approaches To Shaping International Outer Space Law And Norms, Ariel G. Silverman
A Comparative Study Of Chinese And American Approaches To Shaping International Outer Space Law And Norms, Ariel G. Silverman
Seattle University Law Review
This article explores convergences and divergencies in the United States and PRC’s responses to the stalemate in the United Nations over the future of outer space resource governance. I do so by systematically analyzing these leading space-faring nations’ policy-positions and tactics deployed to shape norms around three substantive areas of outer space resource governance: rights of ownership and scope of utilization of space resources, mechanization of the “benefits sharing” principle, and the rights and responsibilities of the private sector. I theorize that these leading space-faring nations have adopted divergent approaches due to their differing historical relationships with international law and …
Third-Party Funding: Balancing Transparency, National Security, And Access To Justice, Victoria Shannon Sahani
Third-Party Funding: Balancing Transparency, National Security, And Access To Justice, Victoria Shannon Sahani
Seattle University Law Review
Many lawmakers who have recently become aware of the multi-billion-dollar global third-party funding industry are raising new national security concerns that further complicate preexisting, longstanding debates about transparency, disclosure, access to justice, and the best way to regulate third-party funding. In response, this Article briefly asserts three main points relating to the question of how best to regulate third-party funding. First, this Article explains the third-party funding industry, including its global regulatory landscape and how it serves three distinct populations: consumers, businesses, and law firms. Second, this Article explains that third-party funding is one tool that can help expand access …
The Field Of International Business Transactions Law, Kathleen Claussen
The Field Of International Business Transactions Law, Kathleen Claussen
Seattle University Law Review
This Article studies the evolution of the scholarly subfield referred to as the law of “international business transactions” (IBT). It reviews data on academic articles, courses, textbooks and other signifiers of the growth of this research area. Beginning around 1960, scholars began to use the term “international business transactions” and by the 1980s, several law schools were offering a course by that title. A handful of dedicated textbooks soon followed. These data reflect a gradual increase in research on the topic of IBT, particularly in the United States, but also considerable diversity of subject matters covered by those works. The …
Kim Gyeong-Seok And The Origins Of Northeast Asia’S Corporate Accountability Movement For War And Colonialism, Timothy Webster
Kim Gyeong-Seok And The Origins Of Northeast Asia’S Corporate Accountability Movement For War And Colonialism, Timothy Webster
Seattle University Law Review
For the past three decades, a transnational reparations movement has unfolded across Northeast Asia. Hundreds of victims—assisted by attorneys, academics, and activists—seek remedies from Japan for various atrocities committed during World War II, colonialism, and other historical injustices. They press their claims in street protests, legislative hearings, dramatic performances, and other fora. The “comfort women” are the best known of these claimants; their global redress campaign ex-tends from noisy protests outside of Japan’s embassy in Seoul, to mute statues in raucous boroughs of Berlin. More obscure, though larger in number, were the roughly one million Koreans who performed forced labor …
Navigating Compliance In A Geopolitical Era: The Case Of Chinese Multinationals In The United States, Ji Li
Navigating Compliance In A Geopolitical Era: The Case Of Chinese Multinationals In The United States, Ji Li
Seattle University Law Review
This Article examines how Chinese multinational companies (MNCs) approach compliance in the United States amid deepening geo-political rivalry and intensified regulatory scrutiny. Drawing on original survey data, this Article maps variations in compliance structures, staffing, and governance mechanisms across Chinese firms and identifies key determinants such as industry-specific regulatory intensity, listing status, and organizational imprinting from headquarters. The analysis employs a dual institutional framework to explain how compliance systems emerge from the interplay between host-state regulatory demands and home-state institutional legacies, producing hybrid structures that blend local adaptation with headquarters-driven replication. Findings reveal that while certain compliance features—such as committee …
Recent Developments, Steven H. Jacobs
Recent Developments, Steven H. Jacobs
Arkansas Law Review
Recent Developments in Arkansas Law
Two Decades Since Cms V. Argentina: Concession Contracts, Necessity Doctrine, And The Imf’S Impact On Sovereign Economic Governance, Esraa S. Saied Abdallah
Two Decades Since Cms V. Argentina: Concession Contracts, Necessity Doctrine, And The Imf’S Impact On Sovereign Economic Governance, Esraa S. Saied Abdallah
Theses and Dissertations
In the evolving landscape of international trade, particularly within the framework of Bilateral Investment Treaties (BITs), the primary aim has been to promote and protect foreign investment. The 1980s witnessed a notable increase in investment treaties, coinciding with a global shift toward privatization that was significantly influenced by the impact of international financial institutions, including the International Monetary Fund (IMF) and the World Bank. By the 1990s, BITs had evolved to offer specific guarantees aimed at reducing the risks foreign investors faced in host states. However, despite the growth and transformation brought about by foreign investments, disputes arising under investment …
Finding Luis: A Creative Nonfiction Account Of Law & Society, Jason M. Leggett
Finding Luis: A Creative Nonfiction Account Of Law & Society, Jason M. Leggett
Dissertations, Theses, and Capstone Projects
This essay explores the contradictions in legal theory and human experience through creative nonfiction. Its main purpose is to argue that a truly just society requires acknowledging the profound influence of individual narratives on the law. This is supported by blending personal narratives, critical analysis, and philosophical inquiry to reveal the gap between codified law and lived realities for marginalized individuals. This unique Legal Poetics methodology employs a series of six vignettes, such as the author's and Luis's shared experiences with traumatic brain injury and the denial of justice, as data. By integrating autoethnography, law as narrative, and performativity theories, …
Administrative Investigation As A Procedural Guarantee For The Validity Of The Disciplinary Decision In The Police System Of The United Arab Emirates And The Arab Republic Of Egypt, Abdulaziz Abdulmonem Khalifa
Administrative Investigation As A Procedural Guarantee For The Validity Of The Disciplinary Decision In The Police System Of The United Arab Emirates And The Arab Republic Of Egypt, Abdulaziz Abdulmonem Khalifa
Journal of Police and Legal Sciences
The administrative investigation procedure in the police field was addressed According to the laws of the police force and security in the United Arab Emirates, as well as the Egyptian police authority, this research presents a statement of the concept of the administrative investigation procedure, the disciplinary violations subject to it, and the procedural guarantees required for its validity. This includes the powers of referral to such procedures, as well as the processes for conducting and concluding them.
The research was structured into two main topics, The first addressed the definition and nature of the administrative investigation procedure, The second …
Restoring The Organization For The Security And Cooperation In Europe’S Role In Human Rights And Security After Russian Invasion, Roman Nekoliak
Restoring The Organization For The Security And Cooperation In Europe’S Role In Human Rights And Security After Russian Invasion, Roman Nekoliak
Human Rights Brief
This Article diagnoses a systemic erosion of rights-based multilateralism driven by geopolitical realignment, reduced leadership by traditional human rights defenders, the rise of authoritarian coalitions, and the growth of transactional and securitized diplomacy. This Article argues that revitalizing the Organization for the Security and Co-operation in Europe (OSCE) around a rights-centered, cross-dimensional concept of security is essential to restoring both regional stability and the credibility of international human rights commitments. It places the war in Ukraine within broader patterns of democratic backsliding, institutional paralysis, and the rise of authoritarian governance, demonstrating how domestic repression and interstate aggression mutually reinforce one …
Death Without Discretion: The Legality Of Mandatory Capital Punishment In Tanzania, Kimberly Austin
Death Without Discretion: The Legality Of Mandatory Capital Punishment In Tanzania, Kimberly Austin
Human Rights Brief
The African Court on Human and Peoples’ Rights (AfCHPR) recently found that Tanzania’s mandatory death penalty by hanging violates the rights to life and dignity, guaranteed under Articles 4 and 5 of the African Charter on Human and Peoples’ Rights (the Charter). The Court’s judgment on June 26, 2025, in Tembo Hussein v. United Republic of Tanzania demanded rapid reform of Tanzania’s criminal laws in the name of preserving human rights.
Beyond Borders: Transnational Repression As A System Of Authoritarian Control In Russia, Kazakhstan, And Kyrgyzstan, Jasmine D. Cameron
Beyond Borders: Transnational Repression As A System Of Authoritarian Control In Russia, Kazakhstan, And Kyrgyzstan, Jasmine D. Cameron
Human Rights Brief
This Article examines transnational repression, state-sponsored persecution of citizens, human rights defenders, journalists, members of diaspora, and critical voices located outside physical borders, as a systemic tool of political control employed by Russia, Kazakhstan, and Kyrgyzstan. Based on analysis of legislation, published reports, UN Special Rapporteur findings, and case files, this Article provides three case studies that demonstrate different stages of an escalating trend towards transnational repression systems. From Kyrgyzstan, where the government has started to develop and implement harmful practices to persecute its citizens abroad, to a more established system in Kazakhstan, where numerous incidents of transnational repression showed …
Visible At Last: Legal Recognition Of Children Born Of War (Cbow) And The Case Of Bosnia And Herzegovina, Ajna Jusić, Gordana Subotić Ph.D.
Visible At Last: Legal Recognition Of Children Born Of War (Cbow) And The Case Of Bosnia And Herzegovina, Ajna Jusić, Gordana Subotić Ph.D.
Human Rights Brief
Children born of war (CBOW) — those conceived through conflict-related sexual violence— have long remained stigmatized, marginalized, and largely invisible in law and policy. Drawing on international scholarship and Bosnia and Herzegovina’s post-conflict experience, this Article examines the social, political, and legal mechanisms that sustain CBOW exclusion and traces the emergence of CBOW as a recognized category within contemporary international legal frameworks. Using Bosnia and Herzegovina as a case study, the Article argues that patriarchal norms, fragmented governance and legal structures, and decades of institutional silence have profoundly shaped CBOW lived experiences and access to rights. Furthermore, the Article assesses …
Reparations Delayed, Not Denied: The Inter-American System Confronts Chile’S Dictatorship-Era Violations, Maggie Titus
Reparations Delayed, Not Denied: The Inter-American System Confronts Chile’S Dictatorship-Era Violations, Maggie Titus
Human Rights Brief
On September 24, 2025, the Inter-American Commission on Human Rights (IACHR) submitted Gustavo Guillermo Ramírez Calderón v. Chile to the Inter-American Court of Human Rights (IACtHR), seeking reparations and justice for victims of forced disappearances during Chile’s military dictatorship. According to the application, Chile has failed to fully comply with the IACtHR’s recommendations from Merits Report No. 154/23.
Stability And Accountability In Nagorno-Karabakh And The Armenia-Azerbaijan Conflict, Callum Heath
Stability And Accountability In Nagorno-Karabakh And The Armenia-Azerbaijan Conflict, Callum Heath
Human Rights Brief
I. Introduction
On August 8, 2025, President Ilham Aliyev of Azerbaijan and Prime Minister Nikol Pashinyan of Armenia were hosted at the White House by U.S. President Donald Trump to announce the Agreement on Establishment of Peace and Inter-State Relations (the Agreement) in a Joint Declaration. The Agreement sets out to end the decades-long conflict between Azerbaijan and Armenia over the Armenian ethnic enclave of Nagorno-Karabakh within Azerbaijan, and the Azerbaijani exclave of Nakhchivan, which is separated from the rest of Azerbaijan by Armenia. While the White House hails the Agreement as a “historic peace deal,” the reality is more …
“Durable Solutions” Revisited: Italy’S Train-To-Hire Pathway Under The Cutro Decree As Alternative Refugee Protection, Tim Streit
Human Rights Brief
I. Introduction
If the average person were asked to imagine a refugee, they might conjure the image of a migrant fleeing war or persecution, showing up at the border of a new country with a few belongings in hand, and asking not to be sent back to the dangerous place from which they came. In fact, it is not only the hypothetical “average person” who pictures this scenario. The international refugee protection system, developed after World War II through the 1951 Convention relating to the Status of Refugees (Refugee Convention) and its 1967 Protocol Relating to the Status of Refugees …
Incarcerated Persons’ Day In The Sun: Why Prisoners Should Have A Right To Fresh Air And Direct Sunlight, David Gross
Incarcerated Persons’ Day In The Sun: Why Prisoners Should Have A Right To Fresh Air And Direct Sunlight, David Gross
Indiana Journal of Law and Social Equality
One word sums up the current state of a prisoner’s rights to fresh air and direct sunlight: conditionality. Because the rights are conditional in the United States, the sword of litigation hangs above prisons while residents are subject to violations of their limited constitutional rights. International law and medical research respectively recognize the right to, and need for, outdoor recreation. However, the grueling deliberate indifference standard debilitates attempts to change this reality in the courthouse. Thus, the impetus of change must come from the expansion of statutory rights. The right to fresh air and direct sunlight can be energized …
The Fiduciary Game, Lauren R. Roth
The Fiduciary Game, Lauren R. Roth
Indiana Law Journal
Fiduciary duties are supposed to bridge the gap between public and private law. Private actors who engage in “public or quasi-public” functions (e.g., corporate directors and pension administrators) are often subject to fiduciary constraints to protect vulnerable parties who lack power in relationships with these actors. Recently, scholars have argued that both courts and legislatures have inappropriately expanded the use of fiduciary duties to purely private relationships. But what if the problem is not the expansion of fiduciary duties to private relationships, but the increasing delegation of public powers to private actors whose behavior cannot be adequately constrained by fiduciary …
Bridging The Digital Divide: The Role Of Evolving Space Law In Ensuring Equitable Access And Ethical Use Of Climate Data, Caitlin B. Riordan
Bridging The Digital Divide: The Role Of Evolving Space Law In Ensuring Equitable Access And Ethical Use Of Climate Data, Caitlin B. Riordan
Indiana Journal of Law and Social Equality
No abstract provided.
Dual Purposes Of A Plea Bargaining Simulation: Pedagogical Skills Training And Controlled Data Collection Experiment About Crime Victim’S Access To Justice Via Counsel, Tung Yin
Indiana Journal of Law and Social Equality
No abstract provided.
Foreign States, Private Proxies, And “Discretionary” Torts On U.S. Soil, George K. Foster
Foreign States, Private Proxies, And “Discretionary” Torts On U.S. Soil, George K. Foster
Indiana Law Journal
The tortious act exception to sovereign immunity offers a vital path for tort victims to seek redress against foreign states for harms committed on U.S. soil. Yet some courts have narrowed the exception in troubling ways when rejecting claims alleging clergy abuse cover-ups, cyberattacks, and other serious misconduct. Some have held that the exception applies only to torts committed by state officials and employees, excluding private actors even when acting under state direction. Others have deemed conduct “discretionary”—and therefore immune—even when it patently violated U.S. law or contractual obligations. This Article challenges both readings. Drawing on legislative history, common law, …
Shifting Structural Power: The Tech Energy Transition, Amy L. Stein
Shifting Structural Power: The Tech Energy Transition, Amy L. Stein
Indiana Law Journal
For the first time in over a decade, flat and stagnant electricity demand is expected to skyrocket. This increased demand is driven in large part by data centers that support artificial intelligence, crypto mining, and cloud computing. This is straining the electric grid, its stakeholders, and legal constructs in significant ways. Legal energy scholarship has spent the last fifteen years focused on the challenges of managing an electric grid transitioning to clean energy, in a world where privately owned electric utilities maintain powerful monopolies across the country. But there are no accounts of how the balance of power in this …
Clean Hands, Dirty Money, And The Codification Of Sec Disgorgement, Stephanie Palma
Clean Hands, Dirty Money, And The Codification Of Sec Disgorgement, Stephanie Palma
Fordham Law Review
Disgorgement is the U.S. Securities and Exchange Commission’s (SEC) most powerful enforcement tool and among its most controversial. For decades, federal courts treated disgorgement in securities enforcement actions as an equitable remedy, a view that the U.S. Supreme Court confirmed in Liu v. SEC. Months after Liu, Congress passed the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, which codified disgorgement in SEC enforcement actions. The codification of disgorgement sparked a circuit split between the U.S. Courts of Appeals for the Fifth and Second Circuits over whether Congress created a new statutory form of …
Ai Can't Adlib: Theorizing An Improvisation Carveout In The Work For Hire Doctrine, Audrey Pope
Ai Can't Adlib: Theorizing An Improvisation Carveout In The Work For Hire Doctrine, Audrey Pope
IP Theory
AI-generated actors and digital replicas are an increasingly pressing concern in the filmmaking industry. While this technology is only one of the myriad ways that generative AI is set to change Hollywood, debates about its use reflect a throughline in debates about AI generally: Can this technology do a convincing, much less desirable, job of what humans have done before? This Article argues that, at least in one particular context, the answer is no. It focuses on the art of adlibbing. It explains the unique position of improvisation within copyright law and proposes one mechanism—a carveout in the work for …
Recentering Creativity In Copyright Law Discourse, Joshua Yuvaraj
Recentering Creativity In Copyright Law Discourse, Joshua Yuvaraj
IP Theory
Copyright discourse often centers around creativity; as a rationale for copyright, and as a threshold for copyright to subsist in songs, books, art and other creative works. Yet creativity remains an ethereal concept: if we do not know what it means, we cannot evaluate whether copyright law is promoting it, nor can we properly understand what it means for a work to be "creative" where that is required for copyright to subsist. An emerging strand of copyright discourse seeks to respond by examining scientific insights into the cognitive process of creativity to highlight how copyright law should be reshaped to …
The Canonical-Legal Status Of Autocephaly And Autonomy In The Context Of Pan-Orthodox Dialogue, Ivan Yovchev
The Canonical-Legal Status Of Autocephaly And Autonomy In The Context Of Pan-Orthodox Dialogue, Ivan Yovchev
Occasional Papers on Religion in Eastern Europe
Historical procedures for granting autonomy and autocephaly are not strictly standardized in canonical law and often rely on local traditions, agreements, and specific historical-political circumstances. This leads to a diversity of practices – from unilateral tomoses (decrees) of autocephaly issued by the mother church to decisions supported by a broader pan-Orthodox consensus. At the pan-Orthodox level, the question of how new autocephalous and autonomous churches are proclaimed has been under discussion since the Pan-Orthodox preparatory commissions of the 20th–21st centuries. Preparatory documents envisage the need for a pan-Orthodox agreement, with autocephaly to be granted through a tomos signed by the …
Reawakening Waⁿdat: Community Research & Reclamation, Darcy Allred
Reawakening Waⁿdat: Community Research & Reclamation, Darcy Allred
Theses and Dissertations
The Wyandot(te) have undergone language dormancy due to settler colonial impacts of warfare, refugee relocation, forced removals, and U.S. assimilation projects. One of the most pressing priorities among our people today is reawakening our ancestral language, Waⁿdat. The common follow-up question is: how? Through the conduit of Waⁿdat language reclamation, this project grapples with the above question in collaboration with the Wyandot(te) community, and in adherence to the tribal sovereignty of the Wyandotte Nation. The project engages with diasporic perspectives, community-based pedagogy design, and tribally specific research protocols and policies. The living collective knowledgebase with which I engage in this …