Comparative and Foreign Law Commons^™

Artificial Vs. Non-Artificial Intelligence: What Does Chatgpt Mean For Labor And Employment?, Ahren Lahvis

Cardozo International & Comparative Law Review (CICLR) Blog

ChatGPT has set the world ablaze. The publicly available and free-to-use chatbot is an application programming interface (API) that generates responses to language requests through artificial intelligence (AI), and processes millions of such requests per day. Released for public access in November 2022, ChatGPT can, upon request, produce jokes, TV episodes, music, and computer code. Students now use it to write papers, businesses use it to create promotional materials, and lawyers use it to draft legal briefs.

This post was originally published on the Cardozo International & Comparative Law Review on February 14, 2023. The original post can be accessed …

The Evolution Of Chapter 11: How Corporate Restructuring Has Evolved And Its Important Role In The Recovery Of A Struggling Economy, Eduardo Cervantes

DePaul Business & Commercial Law Journal

No abstract provided.

Covid-19 Vs. Constitution; Limited Government's Unlimited Response, John A. Losurdo

DePaul Business & Commercial Law Journal

No abstract provided.

The "No License, No Chips" Policy: When A Refusal To Deal Becomes Reasonable, Sheng Tong

DePaul Business & Commercial Law Journal

No abstract provided.

The Dark Triad: Private Benefits Of Control, Voting Caps And The Mandatory Takeover Rule, Jorge Brito Pereira

DePaul Business & Commercial Law Journal

No abstract provided.

Lost In The Woods, Moshe Gelberman

Cardozo International & Comparative Law Review (CICLR) Blog

In November of 2022, five U.S. Senators sent letters to top law firms warning them that continued cooperation in environmental-social-governance (ESG) agreements, by the firms or by their clients, would be subject to heightened scrutiny under U.S. antitrust laws. By failing to issue similar antitrust guidelines for ESG agreements, federal policy lags behind the international community, disservices the competitive market, and hurts ESG goals.

This post was originally published on the Cardozo International & Comparative Law Review on February 6, 2023. The original post can be accessed via the Archived Link button above.

Repeal Of The Recja And Transfer Of Countries To The Refja, Adeline Chong

Research Collection Yong Pung How School Of Law

Singapore’s Reciprocal Enforcement of Commonwealth Judgments Act 1921 (‘RECJA’) is based on the UK Administration of Justice Act 1920 and its Reciprocal Enforcement of Foreign Judgments Act 1959 (‘REFJA’) is based on the UK Foreign Judgments (Reciprocal Enforcement) Act 1933. In 2019, the government amended the REFJA in significant ways (previously detailed here), expanding its scope to include the registration of judgments from non-superior courts of gazetted countries, judicial settlements, non-money judgments and interlocutory judgments. At the same time, the RECJA was repealed from a date to be determined by the government.

Colorblind Nationalism And The Limits Of Citizenship, Ming Hsu Chen

Cardozo Law Review

Policymakers and lawyers posit formal citizenship as the key to inclusion. Rather than presume that formal citizenship will necessarily promote equality, this Article examines the relationship between citizenship, racial equality, and nationalism. It asks: What role does formal citizenship play in excluding noncitizens and Asian, Latinx, and Muslim citizens racialized as foreigners? What effects does it have on the meaning of being American as a non-White citizen? The Article argues that commitments to colorblind equality and democratic self-governance of the nation stand in contradiction to aspirations to protect all persons within the nation. Consequently, individual rights designed to remedy racial …

Politics And Policy Of The Falling Birth Rate In Italy: Predictions And Concerns, Erin Lindsay

Cardozo International & Comparative Law Review (CICLR) Blog

The birth rate in Italy had been a topic of concern for the past couple decades, making it a source of conversation and debate among political parties and candidates in Italy. With the election of a new Italian government and the prediction of Giorgia Meloni being Italy’s new prime minister, how Meloni and her party have spoken of and plan to tackle the falling birth rate is a discussion occurring around the world. The falling birth rate was concerning to country leaders prior to the start of the COVID-19 pandemic, but statistics show that the Italian birth rate has fallen …

Free Speech: A Right In Crisis As Turkish Parliament Passes New “Disinformation” Bill, Zaira A. Rojas Navarro

Cardozo International & Comparative Law Review (CICLR) Blog

Shards of glass and plastic flew across the floor as legislator Burak Erbay, a member of the Republican People’s Party, hammered and smashed a smartphone Wednesday night while addressing the Turkish parliament in opposition to president Recep Tayyip Erdoğan proposed Disinformation Bill. Erbay argued the Bill’s clampdown on social media would make smartphones obsolete. Turkish authorities reported to the Venice Commission and the Directorate General of Human Rights and Rule of Law (DGI) of the Council of Europe that the principal goal of the new legislation is to “prevent the spread of fake, untrue, baseless, and false information designed to …

Place-Based Versus Practice-Based Norms For American Lawyers: "It's The End Of The World As We Know It (And I Feel Fine)", James E. Moliterno

Scholarly Articles

This Article acknowledges the growing trend toward practice-based lawyer norms, points out how it allows interaction between the existing place-based norms and the new practice-based norms, and compares this movement with the existing regulatory conditions outside the US. If there is movement from the world as we know it (place-based norms) to a world as it may come to be (practice-based norms), is the change tragic, inevitable, risky, in line with the rest of the global legal profession, or all of the above and more? Specifically, how would such an evolution affect the core duty of lawyer-client confidentiality?

Pandemic As Transboundary Harm: Lessons From The Trail Smelter Arbitration, Russell A. Miller

Scholarly Articles

The COVID-19 pandemic has caused incalculable harm around the world. The fact that this immense harm can be traced back to a localized outbreak in or near Wuhan, China, raises questions about the responsibility China might bear for the pandemic under public international law. Famously applied in the seminal Trail Smelter Arbitration (1938/1941), the Transboundary Harm Principle provides that no state can use or allow the use of its territory in a manner that causes significant harm in the territory of other states. This article does not intend to tap into the unseemly, xenophobic spirit that animates much of the …

La Relación Entre El Derecho Internacional Y El Derecho Interno En El Sistema Constitucional De Los Estados Unidos, Robert S. Barker

Barker Papers

A pesar de las amplias palabras de la Corte, la aplicaci6n de Derecho Internacional por los tribunales de los Estados Unidos es un tema complicado. Su propósito es el de identificar los principios mas importantes de la integracion y la separacion de Derecho Internacional y derecho interno en los Estados Unidos.

Introduction: Looking And Listening, Seeing And Hearing, Mark A. Drumbl

Scholarly Articles

This issue of the Temple Journal of International and Comparative Law hosts a symposium about Randle DeFalco's cutting-edge book, Invisible Atrocities: The Aesthetic Biases of International Criminal Justice. In it, DeFalco glances at glimpses of the metastasis of mass atrocity. He sees these metastatic processes-these movements-as simultaneously fast and slow. By fast, he refers to obvious and instantly horrific acts of physical violence. These are massacres, attacks, pogroms, and wanton destruction. But DeFalco also discerns that mass violence implicates slower movements and less directly causal harms: these are famine, starvation, corruption, impoverishment, mental anguish, and aid interference.' The movements …

Public Education: Engaging With Secondary Education In Schools, In International Handbook On Clinical Tax Education (Amy Lawton Ed., 2023), Michelle Lyon Drumbl

Books and Chapters

This chapter will consider the benefits of public education by considering educational outreach projects in secondary schools. Chapter 8 discussed the importance of tax education for young people. Forging relationships with local schools (and, indeed, wider community organisations) is a worthwhile endeavour for any clinical tax education project. In addition to the benefits to university students (covered in more detail in Part III), the community benefits include stronger ties to the local community as well as a contribution to the financial literacy (and tax literacy) of taxpayers.

National Space Law, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

This chapter addresses national space law. While often slightly different terms such as national space legislation or national space regulation are used, the term national space law initially should be interpreted in the broadest possible sense. National law would thus refer to the totality of all relevant legal documents at the national level, whether entitled law, statute, act, decree, directive, or regulation, plus customary law, implementation by way of government authorization and jurisprudence, as relevant further explained through the writings of recognized experts.

Then, as space law encompasses “every legal or regulatory regime having …

The "Human Face" Of Sea Level Rise: Protection Of Persons Affected, Patricia Galvao Teles

American University International Law Review

Thank you so much, Professor Grossman. I will not take time from my presentation to do a long thank you or introduction, but I really wanted to thank you warmly, Claudio, for putting together these two days of conversation so that we can connect with the Americas and also have your contributions and your experiences to our work, which you, Claudio, have committed to and are delivering on your promise to help us to navigate through what is going on in the Americas concerning sea-level rise. This is very important because, as it was mentioned, the Commission works based on …

From The Editor-In-Chief, Monica Ratajczak

UC Law SF International Law Review

No abstract provided.

Movement Lawyering For Georgia Worker Cooperatives, Julian M. Hill

Human Rights Brief

Capitalism’s Contradictions in Atlanta. The Park Place and Auburn Avenue intersection in downtown Atlanta juxtaposes capitalism’s shiny veneer and putrid underbelly. Among Georgia State University’s multi-story buildings, Woodruff Park’s lush trees, and the vibrant Sweet Auburn neighborhood once home to Martin Luther King, Jr., diverse youth vying for class ascension and minority-owned businesses exemplifying Atlanta’s claim as an entrepreneurship hub populate the sidewalks. A deeper look, however, reveals cracks within the “Real Wakanda” facade. Wooden boards cover commercial space doors along Auburn Avenue, houseless folks support each other and request help from others around Woodruff Park, and students born into …

Movement Lawyering: Rebuilding Community Power & Decentering Law, Sami Schramm, Naima Muminiy, Madison Sharp, Angela Altieri, Thea Cabrera Montejo

Human Rights Brief

On Thursday, February 16, 2023, the Human Rights Brief held its annual symposium entitled Movement Lawyering: Rebuilding Community Power and Decentering Law. It was organized by Angela Altieri, Madison Sharp, Naima Muminiy, Sami Schramm, Destiny Staten, Angel Gardner, Leila Hamouie, Fabian Kopp, Marnie Leonard, and Thea Cabrera Montejo. Together, the team curated a day full of empowering keynotes, inspiring panels, and an insightful workshop. The team also created a resource to document the event.