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Will China's 12th Five Year Plan Allow For Sufficient Nuclear Power To Support Its Booming Economy In The Next Twenty Years?, Patricia Blazey 2012 University of Washington School of Law

Will China's 12th Five Year Plan Allow For Sufficient Nuclear Power To Support Its Booming Economy In The Next Twenty Years?, Patricia Blazey

Washington International Law Journal

A major part of China’s 12th Five Year Plan focuses on energy conservation and environmental protection. Its 12th Year Environmental Plan provides that China will increase its nuclear capacity by 30% from 2010 levels of 10.8 gigawatts to 43 gigawatts in 2014. Two questions arise from this plan. First, will enough energy be produced from other sources to supply the country’s energy needs or will there be the need for an expansion to its nuclear program? Second, are the locations of its nuclear power plants safe in light of the disaster at the Fukushima nuclear power plant in Japan following …


Gender-Specific Prison Reform: Addressing Human Rights Violations Against Women In Russia's Prisons, Courtney M. Skiles 2012 University of Washington School of Law

Gender-Specific Prison Reform: Addressing Human Rights Violations Against Women In Russia's Prisons, Courtney M. Skiles

Washington International Law Journal

Russia currently incarcerates women in conditions that amount to human rights violations. Women incarcerated in Russia’s prisons experience not only oppression and abuse common to all those incarcerated in Russia, but also gender-specific harms. While Russia has signed on to many pivotal human rights treaties, it also has a long history of mass incarceration of its people. Today, the prison conditions for women in Russia reveal a need for reform. Reformers are challenged by a powerful State that has not prioritized the type of reform necessary to eliminate further harms done to incarcerated women. To ensure the rights of women …


Introduction: The Fukushima Dai-Ichi Nuclear Disaster And The Future Of Nuclear Energy Programs In Japan And East Asia, Hiroshi Fukurai 2012 University of Washington School of Law

Introduction: The Fukushima Dai-Ichi Nuclear Disaster And The Future Of Nuclear Energy Programs In Japan And East Asia, Hiroshi Fukurai

Washington International Law Journal

On March 11, 2011, a massive 9.0 magnitude quake and powerful tsunami slammed the northeastern region of Japan. Huge seismic activities knocked out the power at the Fukushima Dai-ichi Nuclear Power Plant, and ensuing tidal waves disabled the backup generators for cooling systems to the active reactors. This triggered a series of hydrogen explosions and released dangerously high levels of radioactive particles into the atmosphere. The Japanese government declared a nuclear emergency, due to the worst nuclear crisis in Japanese history, and decided to evacuate 140,000 residents within twenty kilometers of the plant to various relocation centers


A Comparative Law Analysis Of Private Securities Litigation In The Wake Of Morrison V. National Australia Bank, Grant Swanson 2012 Chicago-Kent College of Law

A Comparative Law Analysis Of Private Securities Litigation In The Wake Of Morrison V. National Australia Bank, Grant Swanson

Chicago-Kent Law Review

This article examines the recent Supreme Court decision in Morrison v. National Australia Bank and its broad implications for private securities litigants going forward. Morrison overturned forty years of jurisprudence when it rejected the conduct and effects tests used in some form by every Circuit Court when determining the extraterritorial reach of Section 10(b) of the Securities Act. The Court instead adopted a transactional test requiring that the security be traded in the United States or otherwise domestic, substantially cutting back the reach of Section 10(b). As a result, many securities litigants will be forced to bring claims in the …


Does The Judge Matter? Exploiting Random Assignment On A Court Of Last Resort To Assess Judge And Case Selection Effects, Theodore Eisenberg, Talia Fisher, Issi Rosen-Zvi 2012 Cornell Law School

Does The Judge Matter? Exploiting Random Assignment On A Court Of Last Resort To Assess Judge And Case Selection Effects, Theodore Eisenberg, Talia Fisher, Issi Rosen-Zvi

Cornell Law Faculty Publications

We study 1,410 mandatory jurisdiction and 48 discretionary jurisdiction criminal law case outcomes in cases appealed to the Israel Supreme Court in 2006 and 2007 to assess influences on case outcomes. A methodological innovation is accounting for factors - case specialization, seniority, and workload - that modify random case assignment. To the extent one accounts for nonrandom assignment, one can infer that case outcome differences are judge effects. In mandatory jurisdiction cases, individual justices cast 3,986 votes and differed by as much as 15 percent in the probability of casting a vote favoring defendants. Female justices were about 2 to …


Alternative Dispute Resolution Design In Financial Markets—Some More Equal Than Others: Hong Kong's Proposed Financial Dispute Resolution Center In The Context Of The Experience In The United Kingdom, United States, Australia, And Singapore, Shahla F. Ali, Antonio Da Roza 2012 University of Washington School of Law

Alternative Dispute Resolution Design In Financial Markets—Some More Equal Than Others: Hong Kong's Proposed Financial Dispute Resolution Center In The Context Of The Experience In The United Kingdom, United States, Australia, And Singapore, Shahla F. Ali, Antonio Da Roza

Washington International Law Journal

Systems of financial dispute resolution currently operate in most major financial centers throughout the world. As such systems expand and develop to address a growing number of finance-related disputes, they must inevitably address the question of their role and function in financial market regulation. Such questions are rooted in the larger socio-legal dispute processing debate examining how institutional dispute resolution mechanisms effectively regulate the repeat player knowledge/power gap through appropriate policies and procedures. Using the example of Hong Kong in comparison with financial dispute resolution models currently in existence in the United Kingdom, Australia, Singapore, and the United States, this …


The Inheritance Of Inequality: Hukou<.I> And Related Barriers To Compulsory Education For China's Migrant Children, Jessica L. Montgomery 2012 University of Washington School of Law

The Inheritance Of Inequality: Hukou<.I> And Related Barriers To Compulsory Education For China's Migrant Children, Jessica L. Montgomery

Washington International Law Journal

The hukou system in China uses residency permits to divide Chinese citizens into urban and rural dwellers. A person’s hukou status determines his or her access to state services. Under normal circumstances, a person with a rural hukou status is not eligible for state services in urban areas, and vice versa. Because hukou is primarily inherited from one’s parents at the time of birth, children born in urban areas to parents with rural hukou are similarly designated as rural hukou holders. As a result, children living in cities with rural hukou are ineligible for enrollment in urban public schools even …


Corporate Liability, Government Liability, And The Fukushima Nuclear Disaster, Eri Osaka 2012 University of Washington School of Law

Corporate Liability, Government Liability, And The Fukushima Nuclear Disaster, Eri Osaka

Washington International Law Journal

This article focuses on the liability issues arising from the Fukushima nuclear disaster. The radioactivity released from the Fukushima Dai-ichi Nuclear Power Plant inflicted catastrophic harm to people, industries, and the environment. Under Japanese law, a nuclear operator bears strict, channeling, and unlimited liability for nuclear damage unless the damage is caused by a grave natural disaster of an exceptional character. This article concludes the Great East Japan Earthquake and tsunami that triggered this nuclear accident do not fall within this exemption because neither of them were unforeseeable nor far beyond the design basis for the reactors at the plant. …


The Constitutional Subject And Its Identity: My German Experience, Bernhard Schlink 2012 Humboldt University Berlin

The Constitutional Subject And Its Identity: My German Experience, Bernhard Schlink

Cardozo Law Review

No abstract provided.


Finding A Country To Call Home: A Framework For Evaluating Legislation To Reduce Statelessness In Southeast Asia, Alec Paxton 2012 University of Washington School of Law

Finding A Country To Call Home: A Framework For Evaluating Legislation To Reduce Statelessness In Southeast Asia, Alec Paxton

Washington International Law Journal

Statelessness is a problem that affects 12 million people worldwide, with severe social, economic, and political consequences. This problem is particularly acute in Southeast Asia. Over the last sixty years, Southeast Asian states have attempted to reduce existing stateless populations through nationalization. These attempts have been met with varying degrees of success. The United Nations High Commission on Refugees and other non-governmental organizations have recently started to evaluate the outcome of these legislative attempts to reduce statelessness. These ad hoc evaluations provide valuable lessons for those who are drafting legislation to reduce existing stateless populations as well as legal scholars …


Review Of The Making Of Tax Law: The Development Of The Swedish Tax System, Reuven S. Avi-Yonah 2012 University of Michigan Law School

Review Of The Making Of Tax Law: The Development Of The Swedish Tax System, Reuven S. Avi-Yonah

Reviews

Imagine that a single person had been responsible for all U.S. tax reforms enacted from 1974 to 2012. That was the position of Sven-Olof Lodin, the former president of the International Fiscal Association. For more than 40 years, professor Lodin was the most influential voice in Swedish tax policy. This was not in a single, official governmental capacity, but rather as a member of more than 20 government commissions and working parties on taxation, which were responsible for all the major changes in Swedish tax law in recent decades, including the "Tax Reform of the Century" in 1991. In this …


In The Name Of God The Most Gracious The Most Merciful, Saud Alhassan Saud Abdulaziz Al Saud 2012 Pace University School of Law

In The Name Of God The Most Gracious The Most Merciful, Saud Alhassan Saud Abdulaziz Al Saud

Dissertations & Theses

This thesis explains the Islamic law that applies the Quran and Sunnah as a constitution, and the concept of Rahma. It will emphasize this concept by explaining the rigid law of Hudod, then elaborating on Rahma.


Constitutional Heterarchy: The Centrality Of Conflict In The European Union And The United States, Daniel Halberstam 2012 University of Michigan Law School

Constitutional Heterarchy: The Centrality Of Conflict In The European Union And The United States, Daniel Halberstam

Book Chapters

In the debates about whether to take constitutionalism beyond the state, the European Union invariably looms large. One element, in particular, that invites scholars to grapple with the analogy between the European Union and global governance is the idea of legal pluralism. Just as the European legal order is based on competing claims of ultimate legal authority among the European Union and its member states, so, too, the global legal order, to the extent that we can speak of one, lacks a singular, uncontested hierarchy among its various parts. To be sure, some have argued that the UN Charter provides …


Enforcement And Recognition Of Foreign Judgments In United States Courts: A Practical Perspective , Cedric C. Chao, Christine S. Neuhoff 2012 Pepperdine University

Enforcement And Recognition Of Foreign Judgments In United States Courts: A Practical Perspective , Cedric C. Chao, Christine S. Neuhoff

Pepperdine Law Review

No abstract provided.


Antitrust Economics For Proof Of Concerted Price-Fixing: Practical Points For U.S. And Korean Antiturst Jurisprudence, Chang-Su Choe 2012 Brigham Young University Law School

Antitrust Economics For Proof Of Concerted Price-Fixing: Practical Points For U.S. And Korean Antiturst Jurisprudence, Chang-Su Choe

Brigham Young University International Law & Management Review

No abstract provided.


Mining Megaliths In The Argentine Andes: Where Will Victims Of Environmental Degradation Find Justice?, Catherine M. Wilmarth 2012 William & Mary Law School

Mining Megaliths In The Argentine Andes: Where Will Victims Of Environmental Degradation Find Justice?, Catherine M. Wilmarth

William & Mary Environmental Law and Policy Review

No abstract provided.


Intellectual Property, Traditional Knowledge, And Biodiversity In The Global Economy: The Potential Of Geographical Indications For Protecting Traditional Knowledge-Based Agricultural Products, Teshager W. Dagne 2012 Dalhousie University Schulich School of Law

Intellectual Property, Traditional Knowledge, And Biodiversity In The Global Economy: The Potential Of Geographical Indications For Protecting Traditional Knowledge-Based Agricultural Products, Teshager W. Dagne

PhD Dissertations

The relationship between international regimes regulating intellectual property, traditional knowledge and biodiversity has received much attention in recent times. Of the many complex and controversial issues in contemporary international legal discourse on this matter, the protection of traditional knowledge (TK) stands out as a significant challenge. Choices abound in the search for modalities to regulate rights to use and control TK systems and their underlying biodiversity. In recent times, the protection of geographical indications (GIs) has emerged as an option for protecting TK. Despite the considerable enthusiasm over it, there is appreciable research dearth on how far and in what …


Special Feature: The Future Of Lay Adjudication In Korea And Japan, Hiroshi Fukurai, Valerie P. Hans 2012 University of California, Santa Cruz

Special Feature: The Future Of Lay Adjudication In Korea And Japan, Hiroshi Fukurai, Valerie P. Hans

Cornell Law Faculty Publications

Three years after Korea introduced the jury system for the first time in its history, and two years following the Japanese introduction of a mixed court in which citizen and professional judges decide serious criminal cases, the Second East Asian Law and Society Conference was held on September 30th and October 1st, 2011 in the vibrant city of Seoul, South Korea. This Special Issue of the Yonsei Law Journal offers an opportunity to present work on some of the key issues that were discussed and debated at this remarkable conference. In particular, the special issue offers new research on the …


The Rise And Decline Of The Intellectual Property Powers, Peter K. Yu 2012 Texas A&M University School of Law

The Rise And Decline Of The Intellectual Property Powers, Peter K. Yu

Faculty Scholarship

In the past decade, China has experienced many impressive economic and technological developments. Intriguingly, the narrative about piracy and counterfeiting there is rarely linked to the narrative about the China's technological rise. To provide a more comprehensive picture, this article brings together these two different narratives to explore what their combination would mean for the United States and its intellectual property industries.

Delivered as the keynote luncheon address at the Symposium on "Applications of Intellectual Property Law in China," this article begins with the good news that China is at the cusp of crossing over from a pirating nation to …


Using Second Circuit Precedent To Fundamentally Change Mutlinational Corporations' Global Foreign Corrupt Practices Act Internal Investigations, Travis Robert-Ritter 2012 Brigham Young University Law School

Using Second Circuit Precedent To Fundamentally Change Mutlinational Corporations' Global Foreign Corrupt Practices Act Internal Investigations, Travis Robert-Ritter

Brigham Young University International Law & Management Review

No abstract provided.


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