Becoming Global Lawyers? A Comparative Study Of Civic Professionalism,
2021
University of Denver
Becoming Global Lawyers? A Comparative Study Of Civic Professionalism, John Bliss
Sturm College of Law: Faculty Scholarship
Through their professional education and training, new lawyers are generally encouraged to adopt a civic vision of professional identity. This article explores convergences and diverges in how new lawyers entering an increasingly globalized legal profession conceive of their civic roles in different national contexts. In particular, I examine corporate lawyers-in-training in the U.S. and China, drawing on interviews and a cross-cultural identity mapping method to compare their accounts of the lived experiences of civic professionalism. I find that professional identity formation in the U.S. sample is largely marked by role distancing and a sense of constrained public-interest expression. In contrast, …
Kidney, Money, And The Shī‘Ah Implementation Of The Rule Of Necessity,
2021
University of Denver
Kidney, Money, And The Shī‘Ah Implementation Of The Rule Of Necessity, Zahra Takhshid
Sturm College of Law: Faculty Scholarship
In the U.S., over 43,000 people die every year waiting for a kidney. In Iran, however, monetary incentives have eliminated such a waitlist. Iran is the only country in the world with an unrelated living kidney donor program that has allowed for monetary incentives in the form of an altruistic gift, which has become known as “the Iranian Model.” Nevertheless, the legal details of the system remain vague and scholars both in and outside of Iran continue to debate the nature of the system. Does the Iranian system consider kidneys a commodity? Can you legally buy a kidney in Iran? …
Defenses To The Tort Of Negligence: A Comparative Study Of The Iranian And The U.S. Legal Systems,
2021
University of Tehran
Defenses To The Tort Of Negligence: A Comparative Study Of The Iranian And The U.S. Legal Systems, Laya Joneydi, Zahra Takhshid
Sturm College of Law: Faculty Scholarship
Tortfeasors are entitled to defend themselves against liability claims. In the United States tort system, in addition to general defenses, common law rules have recognized special affirmative defenses for tortfeasors based upon plaintiff's carelessness that has contributed to the injury. The two defenses at study in this article are contributory negligence and comparative fault. In this article, we introduce the defense within a new structure that is compatible with the Iranian legal system. This article contributes to the academic tort law literature in Iran by proposing the recognition of such a rubric in the Iranian tort system. In a comprehensive …
From The Editor-In-Chief,
2021
UC Law SF
From The Editor-In-Chief, Ashlee Raskulinecz
UC Law SF International Law Review
No abstract provided.
Application Of The Child Soldiers Prevention Act To Myanmar: A Case Study In How A Simple Statute Insufficiently Addresses A Complex Problem,
2021
UC Law SF
Application Of The Child Soldiers Prevention Act To Myanmar: A Case Study In How A Simple Statute Insufficiently Addresses A Complex Problem, Anuradha Lingappa
UC Law SF International Law Review
Congress enacted the Child Soldiers Prevention Act in order to stop public funds from directly supporting armies that use child soldiers. This paper examines how the Act has been applied to Myanmar, where both State and nonstate forces recruit children. Myanmar’s internal conflict illustrates numerous reasons for why children may join armed groups and demonstrates shortcomings in the Act’s approach towards curbing the practice.
Systemic Racism And Immigration Detention,
2021
Seattle University School of Law
Systemic Racism And Immigration Detention, Carrie L. Rosenbaum
Seattle University Law Review
The denouement of the Trump presidency was a white supremacist coup attempt against a backdrop of public reawakening to the persistence of institutionalized racism. Though the United States has entered a new administration with a leader that expresses his commitment to ending institutionalized racism, the United States continues to imprison Central American and Mexican immigrants at the southern border. If the majority of the people in immigration jails at the border are Latinx, does immigration law disparately impact them, and do they have a right to equal protection? If they do, would equal protection protect them? This Article explores whether …
The Participation Principle And The Dialectic Of Sovereignty-Sharing,
2021
Seattle University School of Law
The Participation Principle And The Dialectic Of Sovereignty-Sharing, George K. Foster
Seattle University Law Review
States around the world are ceding authority to international institutions, devolving powers to lower-level political subdivisions, and granting forms of autonomy to Indigenous peoples and other minority groups. At the same time, states are increasingly offering groups and individuals “participation rights”: opportunities to participate in sovereign prerogatives without exercising control. These opportunities range from providing input into environmental decision-making, to collaborating with law enforcement in community policing programs, to receiving a share of natural-resource revenues. This Article contends that all of these developments represent a dividing up of the collection of rights known as sovereignty, and that participation rights reflect …
How Political Pressure Rigidifies Legal Formalism In China: A Small Tragedy Under Xi Jinping's Reform, 53 Uic J. Marshall L. Rev. 909 (2021),
2021
UIC School of Law
How Political Pressure Rigidifies Legal Formalism In China: A Small Tragedy Under Xi Jinping's Reform, 53 Uic J. Marshall L. Rev. 909 (2021), Yu Luo
UIC Law Review
No abstract provided.
Send The Word Over There: An Offshore Solution To The Right To Be Forgotten,
2021
Northwestern Pritzker School of Law
Send The Word Over There: An Offshore Solution To The Right To Be Forgotten, Jay Kaganoff
Northwestern Journal of International Law & Business
The right to be forgotten is a subject of contention in both the United States and the European Union. In the E.U., the right to be forgotten gives one the right to demand that information—even if published legitimately—be taken down or removed from search engine results. While well-intentioned, this has led to concerns of free press restrictions. In contrast, the right to be forgotten is not recognized in the U.S., although there are scholars who would like to see such a right here. This Note takes the view that introducing a right to be forgotten would be contrary to the …
International Energy Law And The Paris Agreement In The Aftermath Of The Covid-19 Pandemic: Challenges And Possibilities,
2021
Nova Southeastern University
International Energy Law And The Paris Agreement In The Aftermath Of The Covid-19 Pandemic: Challenges And Possibilities, Carolina Arlota
ILSA Journal of International & Comparative Law
No abstract provided.
Erga Omnes Partes Before The International Court Of Justice: From Standing To Judgment On The Merits,
2021
Nova Southeastern University
Erga Omnes Partes Before The International Court Of Justice: From Standing To Judgment On The Merits, Nawi Ukabiala, Duncan Pickard, Alyssa Yamamoto
ILSA Journal of International & Comparative Law
No abstract provided.
Ilsa Journal Of International And Comparative Law,
2021
Nova Southeastern University
Ilsa Journal Of International And Comparative Law
ILSA Journal of International & Comparative Law
No abstract provided.
From The Editor-In-Chief,
2021
UC Law SF
From The Editor-In-Chief, Liliana A. León Rivera
UC Law SF International Law Review
No abstract provided.
The Fate Of Universalism In Global Insolvency: Neoconservatism And New Horizons,
2021
UC Law SF
The Fate Of Universalism In Global Insolvency: Neoconservatism And New Horizons, Eric Sokol
UC Law SF International Law Review
Recent cases in the United States, United Kingdom, and Australia have all signaled that international insolvency law is slowly losing traction to more regional proceedings. This can have huge ramifications for creditors of international companies. The past decade has seen much international progress in business insolvencies; with the previous “territorialist” models of regional dismantling giving way to more “universalist” approaches. New trends in these large jurisdictions may herald the discovery of modified universalism’s breaking point, but not its diminishment nor defeat. This healthy prognosis for modified universalism in the U.S., United Kingdom (U.K.), and Australia is further bolstered by a …
The Global Shift To 5g: How To Leverage Bilateral Access Reciprocity Agreements To Protect Telecommunications Infrastructure And Achieve Growth,
2021
UC Law SF
The Global Shift To 5g: How To Leverage Bilateral Access Reciprocity Agreements To Protect Telecommunications Infrastructure And Achieve Growth, Brittany Wightman
UC Law SF International Law Review
As the five times faster, twenty-five times more robust, 5G network becomes the global standard, behind China’s technological leadership in the space, telecommunications network security is of ever-increasing importance. Since 2016, researchers have observed as China Telecom, a government-controlled telecommunications company with a large global presence, hijacked Internet traffic directed towards financial institutions, government sites, Internet Service Providers (ISPs), and news organizations. The hijacks, which go largely undetected by victims, are possible anywhere a malicious actor has access to the technology that directs information from one location to another across the Internet. As the United States and its allies evaluate …
The Jangali Movement And How Its Themes Persist In Protests Under The Islamic Republic,
2021
UC Law SF
The Jangali Movement And How Its Themes Persist In Protests Under The Islamic Republic, Sam Atabay Bidgoli
UC Law SF International Law Review
Thanks to the Jangali Movement in the early decades of the 20th century, the northern province of Gilan in Iran was able to successfully establish a system of government that served the working-class population of the region. Although short-lived, this movement was a product of years of extreme exploitation of the labor, resources, and capital by both the national government and the global hegemonic powers of the era. The movement brought together an incredibly diverse coalition of working-class individuals who wanted to create a more equitable society. Under the current Islamic Republic of Iran, there have been several large-scale protests …
Masthead,
2021
UC Law SF
Duress In Immigration Law,
2021
Seattle University School of Law
Duress In Immigration Law, Elizabeth A. Keyes
Seattle University Law Review
The doctrine of duress is common to other bodies of law, but the application of the duress doctrine is both unclear and highly unstable in immigration law. Outside of immigration law, a person who commits a criminal act out of well-placed fear of terrible consequences is different than a person who willingly commits a crime, but American immigration law does not recognize this difference. The lack of clarity leads to certain absurd results and demands reimagining, redefinition, and an unequivocal statement of the significance of duress in ascertaining culpability. While there are inevitably some difficult lines to be drawn in …
The Right To Access The Sea And Why India Should Pioneer It, 53 Uic J. Marshall L. Rev. 947 (2021),
2021
UIC School of Law
The Right To Access The Sea And Why India Should Pioneer It, 53 Uic J. Marshall L. Rev. 947 (2021), Dhananjay Sahai, Prashant Khurana
UIC Law Review
No abstract provided.
Introduction: Situating, Researching, And Writing Comparative Legal History,
2021
University of Michigan Law School
Introduction: Situating, Researching, And Writing Comparative Legal History, John G. H. Hudson, William Eves
Other Publications
This volume is a selection of essays taken from the excellent range of papers presented at the British Legal History Conference hosted by the Institute for Legal and Constitutional Research at the University of St Andrews, 10–13 July 2019. The theme of the conference gives this book its title: ‘comparative legal history’. The topic came easily to the organisers because of their association with the St Andrews-based European Research Council Advanced grant project ‘Civil law, common law, customary law: consonance, divergence and transformation in Western Europe from the late eleventh to the thirteenth centuries’. But the chosen topic was also …
