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Survey Evidence In Trademark Actions, Ioana Vasiu and Lucian Vasiu 2024 DePaul University

Survey Evidence In Trademark Actions, Ioana Vasiu And Lucian Vasiu

DePaul Business & Commercial Law Journal

No abstract provided.


Corporate Governance And Compelled Speech: Do State-Imposed Board Diversity Mandates Violate Free Speech?, Salar Ghahramani 2024 DePaul University

Corporate Governance And Compelled Speech: Do State-Imposed Board Diversity Mandates Violate Free Speech?, Salar Ghahramani

DePaul Business & Commercial Law Journal

No abstract provided.


The Real Persons Are The Corporations We Made Along The Way, Leonard Brahin 2024 DePaul University College of Law

The Real Persons Are The Corporations We Made Along The Way, Leonard Brahin

DePaul Business & Commercial Law Journal

No abstract provided.


Front Matter, 2024 DePaul University

Front Matter

DePaul Business & Commercial Law Journal

No abstract provided.


Fashion Upcycling As Protected Free Speech In Trademark Law, Martin Senftleben 2024 Amsterdam Law School, University of Amsterdam

Fashion Upcycling As Protected Free Speech In Trademark Law, Martin Senftleben

University of Miami International and Comparative Law Review

Fashion upcycling offers unprecedented opportunities for the sustainable reuse of clothing. Using second-hand garments as raw material for new creations, upcyclers transform used pieces of clothing into new fashion products that may become even more sought-after than the original source material. The more fashion elements enjoy trademark protection; however, the more legal obstacles arise. Fashion upcycling may trigger allegations of consumer confusion, brand dilution, and unfair freeriding. As the Introduction will explain, the exhaustion of trademark rights after the first sale does not necessarily dispel concerns about trademark infringement. The rearrangement of branded garment components in the upcycling process may …


Failure To Influence: Legislation Requiring Social Media Influencers To Disclose Their Retouched Images Will Not Address Youth Body Image Concerns, Michael Stuart 2024 University of Miami School of Law

Failure To Influence: Legislation Requiring Social Media Influencers To Disclose Their Retouched Images Will Not Address Youth Body Image Concerns, Michael Stuart

University of Miami International and Comparative Law Review

In 2013, Israel’s Act Limiting Weight in the Modelling Industry first came into effect, requiring advertisers to disclose when images of commercial models have been digitally altered. The Act, which was the first of its kind, has come to be known as Israel’s “Photoshop Law” and was designed to help models maintain healthy weights and to ensure transparency in fashion advertising. Now, in response to growing concerns over body image issues linked with youth social media consumption, several nations around the world, including Norway and the United Kingdom, have proposed or enacted regulations that require social media influencers to add …


Front Matter And Table Of Contents, 2024 University of Miami Law School

Front Matter And Table Of Contents

University of Miami International and Comparative Law Review

No abstract provided.


Leveling The Playing Field: Navigating The ‘Name, Image, And Likeness’ Rules For International Student-Athletes In The United States, Colsen Khaze Centner 2024 University of Miami School of Law

Leveling The Playing Field: Navigating The ‘Name, Image, And Likeness’ Rules For International Student-Athletes In The United States, Colsen Khaze Centner

University of Miami International and Comparative Law Review

This Note analyzes the NCAA’s new ‘Name, Image, and Likeness’ (“NIL”) guidelines and their impact on international student-athletes. The NCAA’s NIL guidelines allow student-athletes to profit off of their own name, image, and likeness, a benefit that would have made them ineligible to maintain their amateur status and compete in the NCAA two short years ago.1 While the NCAA’s NIL guidelines can generate substantial compensation for some of the NCAA’s most prolific student-athletes, international student-athletes are limited in the NIL opportunities they can enjoy based on various immigration restrictions.2 If an international student-athlete is found to be in violation of …


Masthead, 2024 University of Miami Law School

Masthead

University of Miami International and Comparative Law Review

No abstract provided.


Critical Tax Theory In The U.S., Australia, And Brazil: Current Challenges And Perspectives For The Future, Júlia Silva Araújo Carneiro 2024 Public Advocacy School of Rio de Janeiro State

Critical Tax Theory In The U.S., Australia, And Brazil: Current Challenges And Perspectives For The Future, Júlia Silva Araújo Carneiro

University of Miami International and Comparative Law Review

Tax law has never been a neutral field. On the contrary, it impacts a range of identity axes, including socioeconomic class, race, and gender, and can act as a mechanism for maintaining the status quo or as a catalyst for social change. By examining the ongoing debate on critical tax theory in the United States, Australia, and Brazil, this Article shows that, no matter the differences found in distinct tax systems, tax law functions as a mirror of a country’s values and can be employed either to support or to disadvantage minorities.<.p>American critical tax scholars have consistently highlighted the …


Granting Legal Personality To Artificial Intelligences In Brazil’S Legal Context: A Possible Solution To The Copyright Limbo, Victor Habib Lantyer 2024 University of Miami Law School

Granting Legal Personality To Artificial Intelligences In Brazil’S Legal Context: A Possible Solution To The Copyright Limbo, Victor Habib Lantyer

University of Miami International and Comparative Law Review

This Article investigates the feasibility and consequences of granting legal personality to Artificial Intelligences (AIs) in the context of Brazilian law, with a special focus on copyright law. It conducts a thorough analysis of how such a grant can enhance legal security and encourage innovation in AI technologies. Through an integrative review of the literature and a comparative analysis of national and international legislation and jurisprudence, the study explores the implications of this legislative innovation. This Article highlights the importance of legal clarity for companies and investors in the AI sector, emphasizing that granting legal personality to AIs can simplify …


Coming Full Circle: The International Legal Status Of The International Olympic Committee, William Thomas Worster 2024 The Hague University of Applied Sciences

Coming Full Circle: The International Legal Status Of The International Olympic Committee, William Thomas Worster

University of Miami International and Comparative Law Review

No abstract provided.


Masthead, 2024 UC Law SF

Masthead

UC Law SF International Law Review

No abstract provided.


Old Wine In A New Bottle? – An Empirical Evaluation Of The Judicial Reforms In China In The 2010s, Peter C.H. Chan 2024 UC Law SF

Old Wine In A New Bottle? – An Empirical Evaluation Of The Judicial Reforms In China In The 2010s, Peter C.H. Chan

UC Law SF International Law Review

This article provides an empirical evaluation of the effectiveness of the judicial reform measures implemented in China in the 2010s. Among other objectives, the reforms aimed to strengthen the independence of judges, the financial autonomy of courts and the professionalism of adjudicators. Critics have questioned the success of the reforms, citing continued government intervention with adjudication and unchanged structural problems with courts. To date, there has been limited empirical literature focusing specifically on the judicial reform measures in the 2010s in China. This article provides a glimpse into what really was happening on the ground since the reforms through the …


A One-State Solution To The Arab- Israeli/Israeli-Palestinian Conflict: A Recommendation Supported By A Review Of The Historical Record And Current Context, Samuel Horowitz 2024 UC Law SF

A One-State Solution To The Arab- Israeli/Israeli-Palestinian Conflict: A Recommendation Supported By A Review Of The Historical Record And Current Context, Samuel Horowitz

UC Law SF International Law Review

This article examines the legal underpinning of the creation of the state of Israel and historical documents to note that despite calls for a two-state solution at the UN, a one-state solution to the conflict is not necessarily precluded. It then identifies why both the status quo and the proposed two state solution are problematic and untenable. Lastly, it looks to the example of South Africa because of similarities between South Africa and modern day Israel/Palestine. It concludes that the creation of a single state, following the example of post-apartheid South Africa, is the only solution to the conflict that …


“Whale Wars” — Are The Japanese Whaling Just Because They Can? A Testament Of Failed International Whaling Policy, Katy Rotzin 2024 UC Law SF

“Whale Wars” — Are The Japanese Whaling Just Because They Can? A Testament Of Failed International Whaling Policy, Katy Rotzin

UC Law SF International Law Review

This paper analyzes whaling law and practices in Japan. This paper briefly compares Japanese whaling to whaling in Norway and Iceland, as well as Indigenous whaling but mainly focuses on Japan’s domestic ethos around “whaling culture,” their policies, which perpetuate whaling even though the industry is no longer profitable, and their unique relationship with the International Whaling Commission. This paper further analyzes the International Whaling Commission’s main document, the International Convention for the Regulation of Whaling, and its inability to keep rogue nations in check, and recommends that anti-whaling nations combine both soft law and sanctions to pressure Japan to …


From The Editor-In-Chief, Jacklin Lee 2024 UC Law SF

From The Editor-In-Chief, Jacklin Lee

UC Law SF International Law Review

No abstract provided.


Ccpa/Cpra: Consumers Bear The Burden As Companies Bear The Crown, Jacklin Lee 2024 UC Law SF

Ccpa/Cpra: Consumers Bear The Burden As Companies Bear The Crown, Jacklin Lee

UC Law SF International Law Review

Examining the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) is important for understanding United States privacy law. They were pioneering legislation in that the CCPA was one of the first comprehensive state-level privacy laws in the United States when it was enacted in 2018, introducing new rights for California residents regarding their personal information and imposed obligations on businesses handling data. The CPRA, passed in 2020, builds upon CCPA and further enhances privacy protections. These laws have served as models for subsequent privacy legislation at both the state and federal levels. They embody key principles …


A Survey Of Slavery & The Slave Trade Law, Cardozo Law Institute in Holocaust and Human Rights (CLIHHR), Benjamin B. Ferencz Human Rights and Atrocity Prevention Clinic 2024 Yeshiva University, Cardozo School of Law

A Survey Of Slavery & The Slave Trade Law, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Benjamin B. Ferencz Human Rights And Atrocity Prevention Clinic

CLIHHR Reports & Policy Submissions

This comprehensive report, compiled by the Benjamin B. Ferencz Human Rights and Atrocity Prevention (HRAP) Clinic at the Benjamin N. Cardozo School of Law from 2020 to 2024, surveys domestic slavery and slave trade laws across States Parties to the Rome Statute. Law students conducted comparative legal research examining how national legislation defines and criminalizes slavery, the slave trade, sexual slavery, and related practices such as trafficking and forced labor. Organized by region, the report presents constitutional and penal code provisions, assesses compliance with international humanitarian law, and highlights legal trends and gaps. It serves as a vital resource for …


Law, Critique And The Believer's Experience, Jean d'Aspremont 2024 SciencesPo Law School & University of Manchester

Law, Critique And The Believer's Experience, Jean D'Aspremont

Dalhousie Law Journal

I have come to think that, most of the time, radical critics of a given discursive practice were once believers in that practice’s necessities and realities. In particular, I am of the opinion that one comes to appreciate the power of a discourse only when one has genuinely and personally experienced the necessitarian pull as well as the realities such discourse creates. To put it in phenomenological terms, I think that radical scepticism is often the expression of some self-revulsion at one’s earlier beliefs. The phenomenological causality described here is thus not simply about the devastating rage that one can …


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