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 …
Innovative Thinking: Modernizing Outer Space Governance,
2021
The Catholic University of America, Columbus School of Law
Innovative Thinking: Modernizing Outer Space Governance, Diane M. Janosek
Catholic University Journal of Law and Technology
Space security is essential to global safety and prosperity. International treaties should modernize and reflect the world’s innovation in space and governance needs. One must look back to 1967 for the inaugural “Outer Space Treaty,” the first and only binding multilateral agreement for peaceful space use and exploration. In 50 years, technologies and space capabilities have evolved; an updated global treaty and agreement should be developed and evaluated. Both China and Russia have demonstrated their capability to degrade and/or destroy adversaries’ satellites in space. Space wars are no longer a hypothetical. The future once discussed and anxiously anticipated after Sputnik …
Kings, Lords And Courts In Anglo-Norman England,
2021
University of Michigan Law School
Kings, Lords And Courts In Anglo-Norman England, Robert Hirshon
Articles
This is an important book, filling a significant gap in scholarship on late Anglo-Saxon and Anglo-Norman law, lordship, and administration. Its primary focus is on the hundred court and its relationship to lords’ local courts. Nicholas Karn argues (204) that, following the creation of shires and hundreds across England in the tenth century, by the middle of the eleventh “the unitary model of the hundred was starting to break down, and decay accelerated and became general into the twelfth century.” Lords either “claimed whole hundreds themselves, or they created lesser units which were originally subsets of hundreds and which were …
Automating Fairness? Artificial Intelligence In The Chinese Court,
2021
Berkeley Law
Automating Fairness? Artificial Intelligence In The Chinese Court, Rachel E. Stern, Benjamin L. Liebman, Margaret Roberts, Alice Z. Wang
Faculty Scholarship
How will surging global interest in data analytics and artificial intelligence transform the day-to-day operations of courts, and what are the implications for judicial power? In the last five years, Chinese courts have come to lead the world in their efforts to deploy automated pattern analysis to monitor judges, standardize decision-making, and observe trends in society. This Article chronicles how and why Chinese courts came to embrace artificial intelligence, making public tens of millions of court judgments in the process. Although technology is certainly being used to strengthen social control and boost the legitimacy of the Chinese Communist Party, examining …
Limits Of The Rule Of Law: Negotiating Afghan “Traditional” Law In The International Civil Trials In The Czech Republic,
2021
Charles University, Prague
Limits Of The Rule Of Law: Negotiating Afghan “Traditional” Law In The International Civil Trials In The Czech Republic, Tomas Ledvinka, James M. Donovan
Law Faculty Scholarly Articles
Drawing on ethnographic research of judicial cases in the Czech Republic which involve the law in migrants' countries of origin, this Article outlines how multiple strategies handle encounters with the legal-cultural differences of Afghanistan in order to neutralize what may be called the “alterity” of law. The Article suggests that far from being analytical tools, concepts such as “context,” “culture,” and “customary” are strategically used by courts to neutralize unsettling aspects of foreign Afghan legalities. Further, it applies Leopold Pospíšil´s ethnological concept of legal authority as a vehicle for reinterpreting the contextual differentiation of Afghan “traditional” law as an alternative …
The Pearl Of Siberia: The Emerging Threat To Lake Baikal,
2021
University of Kentucky
The Pearl Of Siberia: The Emerging Threat To Lake Baikal, Blake Donithan
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Designing A State Court Small Claims Odr System: Hitting A Moving Target In New York During A Pandemic,
2021
Mitchell Hamline School of Law
Designing A State Court Small Claims Odr System: Hitting A Moving Target In New York During A Pandemic, David Allen Larson
Cardozo Journal of Conflict Resolution
When I began helping the New York State Unified Court System design a pilot online dispute resolution ("ODR") system back in October 2016, I never imagined more than four years would pass before a system was implemented. One reason our journey was so long is because our target kept moving. After completing a detailed credit card debt collection ODR platform, we had to change direction before implementation and focus instead on small claims cases. Then like the rest of the world, we suddenly had to deal with the COVID-19 pandemic. Although it took longer than anticipated, we achieved our goal …
Two Steps Forward, One Step Back? An Attempt To Cure Due Process Paranoia,
2021
Singapore Management University
Two Steps Forward, One Step Back? An Attempt To Cure Due Process Paranoia, Louis Yi Hang Lau
Singapore Law Journal (Lexicon)
Time, cost and quality. These are the qualities that an efficient arbitration must have. In recent times, however, the arbitral process has struggled to maintain this balance, with the efficiency of the arbitral process rated among the top five worst characteristics of international arbitration. The fact that parties may resort to a curial review of arbitral awards in an annulment or refusal of enforcement action merely adds on to this delay.
Shareholder Inspection Rights In China: An Empirical Inquiry,
2021
UC Law SF
Shareholder Inspection Rights In China: An Empirical Inquiry, Robin Hui Huang
UC Law SF International Law Review
Drawing upon overseas experiences, notably the U.S., China introduced the legal regime for shareholder inspection rights in its first national company law and over the years, has gradually developed more detailed rules and made amendments intended to better suit the local conditions. Apart from written law, this paper also conducts an empirical study of how the law has been applied in practice, by examining relevant cases adjudicated from 2012 to 2017. The empirical findings show that China’s shareholder inspection rights have some distinctive features, and there are similarities and differences between China and the U.S. (as represented by Delaware). Despite …
Can Investment Dispute Settlement Ever Be Depoliticized?,
2021
Faculty of Law of the Chinese University of Hong Kong
Can Investment Dispute Settlement Ever Be Depoliticized?, Fernando Dias Simões
Cardozo International & Comparative Law Review
Investor-state arbitration was created with the hope of depoliticizing investment disputes. However, the adoption of the traditional party-appointment system, in which disputing parties play a direct role in the composition of the tribunal, is increasingly criticized. Many believe that party appointment is a tool ofpolitical influence over the arbitrators' interpretative space. Suggestions for reform of the system have proliferated. The most radical proposal currently on the table-the creation of a permanent investment court-would cause a paradigm shift in the selection of adjudicators, moving from a disputing party framework, to a treaty party context. This article analyzes different options to reduce …
The Politics Of Regulating And Disciplining Judges In Nigeria,
2021
Dalhousie University Schulich School of Law
The Politics Of Regulating And Disciplining Judges In Nigeria, Olabisi D. Akinkugbe
Articles, Book Chapters, & Popular Press
The disciplining of judges is a sensitive and complex challenge. In Nigeria, the complexity is heightened because the process is complicated by socio-political factors and public views about the motivations for disciplining some judges, including claims of political interference by the ruling government. This Chapter argues that both judicial discipline and the work of the National Judicial Council (NJC) – the body responsible for judicial regulation in Nigeria – are caught up within Nigeria’s peculiar socio-politics, a reality that a strictly legal analysis will miss. The Chapter analyzes contemporary challenges and controversies associated with the complaints and discipline procedure in …
Effective Taxation In Africa: Confronting Systemic Vulnerability Through Inclusive Global Tax Governance,
2021
Dalhousie University Schulich School of Law
Effective Taxation In Africa: Confronting Systemic Vulnerability Through Inclusive Global Tax Governance, Okanga Ogbu Okanga, Lyla Latif
Articles, Book Chapters, & Popular Press
Implicit within the African fiscal architecture are embedded vulnerabilities to exogenous factors which challenge their domestic revenue mobilization (DRM) strategies. These DRM challenges are attributable to asymmetrical power relationships that exist within the international tax regime (ITR). The rules governing international taxation have largely been devised by developed countries resonating their own economic purposes, resulting in a regressive relationship that overlooks African perspectives in the creation of tax norms. Consequently, policymaking, and scholarship have focused extensively on curbing these power asymmetries that have resulted in vulnerable African tax systems. Continental and domestic approaches are now aligned towards fostering reform of …
Is There A New Extraterritoriality In Intellectual Property?,
2021
Emory University School of Law
Is There A New Extraterritoriality In Intellectual Property?, Timothy R. Holbrook
Faculty Articles
This Article proceeds as follows. Part I discusses the state of the law of extraterritoriality in copyright, trademark, and patent, as it stood before the Supreme Court’s recent intervention. This review demonstrates that all three disciplines were treating extraterritoriality very differently, and none were paying much attention to the presumption against extraterritoriality. Part II reviews a tetralogy of recent Supreme Court cases, describing the Court’s attempt to formalize its approach to extraterritoriality across all fields of law. Part III analyzes the state of IP law in the aftermath of this tetralogy of extraterritoriality cases. It concludes that there has been …
Understanding National Remedies And The Principle Of National Procedural Autonomy: A Constitutional Approach,
2021
University of Michigan Law School
Understanding National Remedies And The Principle Of National Procedural Autonomy: A Constitutional Approach, Daniel H. Halberstam
Articles
This article provides a constitutionally grounded understanding of the vexing principle of ‘national procedural autonomy’ that haunts the vindication of EU law in national court. After identifying tensions and confusion in the debate surrounding this purported principle of ‘autonomy’, the Article turns to the foundational text and structure of Union law to reconstruct the proper constitutional basis for deploying or supplanting national procedures and remedies. It further argues that much of the case law of the Court of Justice of the European Union may be considered through the lens of ‘prudential avoidance’, ie the decision to avoid difficult constitutional questions …
The Carbon Price Equivalent: A Metric For Comparing Climate Change Mitigation Efforts Across Jurisdictions,
2021
Climate Leadership Council & Georgetown University Law Center
The Carbon Price Equivalent: A Metric For Comparing Climate Change Mitigation Efforts Across Jurisdictions, Gabriel Weil
Dickinson Law Review (2017-Present)
Climate change presents a global commons problem: Emissions reductions on the scale needed to meet global targets do not pass a domestic cost-benefit test in most countries. To give national governments ample incentive to pursue deep decarbonization, mutual interstate coercion will be necessary. Many proposed tools of coercive climate diplomacy would require a onedimensional metric for comparing the stringency of climate change mitigation policy packages across jurisdictions. This article proposes and defends such a metric: the carbon price equivalent. There is substantial variation in the set of climate change mitigation policy instruments implemented by different countries. Nonetheless, the consequences of …
Eu Directive On Copyright In The Digital Single Market: An Outlier In Intermediary Liability And The Death Of Safe Harbor Protections,
2021
University of San Francisco School of Law
Eu Directive On Copyright In The Digital Single Market: An Outlier In Intermediary Liability And The Death Of Safe Harbor Protections, Marisa N. Sanchez
University of San Francisco Law Review
No abstract provided.
Heaven Or Earth: The Hagia Sophia Re-Conversion, Turkish And International Law, And The Special Case Of Universal Religious Sites,
2021
New York Law School
Heaven Or Earth: The Hagia Sophia Re-Conversion, Turkish And International Law, And The Special Case Of Universal Religious Sites, Michael Goodyear
Articles & Chapters
The Hagia Sophia has stood as one of the greatest religious buildings in the world for nearly 1,500 years. During this time, the structure was a church and then a mosque, before finally becoming a museum in 1934. But in July 2020, the Turkish president, Recep Tayyip Erdoğan, re-converted the Hagia Sophia to a mosque following a ruling by the Turkish Council of State. The re-conversion was received with outrage across much of the world, but whether the decision was legal poses a much more difficult question.
This article analyzes Turkish domestic law and international law to conclude that there …
Table Of Contents,
2021
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
