Protection Of Trade Secrets In Global Markets And International Business: Implications For Labor Relations,
2024
Yaroslav Mudryi National Law University
Protection Of Trade Secrets In Global Markets And International Business: Implications For Labor Relations, Oleg M. Yaroshenko, Oleksii Tykhonovych, Yaroslav Kostohryz, Yuliia Ivchuk, Dmytro Sirokha
Markets, Globalization & Development Review
Against the background of globalization and the constant evolution of economic relations, the protection of trade secrets in labor relations becomes a necessity to ensure the sustainable competitiveness of enterprises in the international market. This article analyzes the multifaceted dimensions of trade secret protection, covering global business strategies, intercultural labor practices, international economic relations, and public policy fundamentals. Through the analysis of international agreements such as the TRIPS Agreement and the European Union Directive on Non-Competition Provisions, the article explores how various legal systems address trade secrets in labor relations, emphasizing the need for global harmonization. It also considers cultural …
Public School Integration Of Children With Handicaps After Smith V. Robinson: "Separate But Equal" Revisited?,
2024
University of Maine School of Law
Public School Integration Of Children With Handicaps After Smith V. Robinson: "Separate But Equal" Revisited?, Robert J. Goodwin
Maine Law Review
Under the direction of Chief Justice Burger the United States Supreme Court has issued several opinions limiting the availability of federal causes of action. While one benefit of this trend may be a reduction in the volume of federal litigation, the costs may include the limitation of substantive federal rights. The recent Supreme Court decision in Smith v. Robinson narrowly construed the availability of certain federal causes of action, and it illustrates how such a ruling, although procedural on its surface, in reality can operate to erode substantive rights. In Smith the Court concluded that a handicapped child could not …
Placing The Four Rounds Of Israeli Palestinian Negotiations In The Twenty-First Century In The Context Of Ir Theory, Notably Realism Theory,
2024
Montclair State University
Placing The Four Rounds Of Israeli Palestinian Negotiations In The Twenty-First Century In The Context Of Ir Theory, Notably Realism Theory, Michael J. Reimer Dr
Department of Political Science and Law Faculty Scholarship and Creative Works
On October 7, 2023, Hamas unleashed a vicious attack on Israeli civilians in the southern part of Israel. The plans for this attack were likely many years in the making. Nine hundred miles of tunnels crisscrossed Gaza with the terrorist infrastructure coinciding with the location of hospitals, school, Mosques and shelters above. On October 6, 2023, the history of the four rounds of Israeli Palestinian negotiations of the earlier part of the twenty-first century had been largely forgotten and completely ignored. The Likud coalition in Israel in 2023 - 2024 was in complete agreement with Hamas’ sponsor that no negotiations …
A Childhood At Risk: The Child's Rights From Gaza's Children's Perspectives During The Israeli Attack,
2024
Elementary School Teacher Department, Faculty of Humanities and Educational Sciences, An-Najah National University, Nablus, Palestine
A Childhood At Risk: The Child's Rights From Gaza's Children's Perspectives During The Israeli Attack, Saida Affouneh, Dua’ Wahbeh Ghosheh, Kareema Ali
An-Najah University Journal for Research - B (Humanities)
Objective: The ongoing Israeli attack on Gaza exposed the Palestinian children to tremendous experiences of fear, pain, hunger, thirst, and deprivation of family and housing. the current paper embarks on exploring the different dimensions of the child's rights as perceived by the Palestinian children who live in Gaza during the Israeli attack on their land after the seventh of October, 2023. Methodology: The paper tries to shift the spotlight onto the voices and experiences of children, reclaiming their rights within the narrative of war. Thus, video content analysis was used to examine 30 selected videos featuring 63 children, primarily from …
Human Capital Disclosure & Corporate Governance: The New Evidence,
2024
University of Miami School of Law
Human Capital Disclosure & Corporate Governance: The New Evidence, George S. Georgiev
Articles
This Article explores the evolution of human capital disclosure-firm-supplied information about various workforce-related matters-as a factor in contemporary corporate governance. Regulatory and nonregulatory developments from recent years have upended longstanding practices and generated extensive new evidence. Most notably, the Securities and Exchange Commission (SEC) adopted a human capital management ("HCM") disclosure mandate in 2020, which, though long overdue, was criticized from the outset for its modest scope and lax design. In the meantime, courts have taken a renewed interest in board of directors' oversight responsibilities in a number of areas, including HCM, while labor's power has unexpectedly increased in some …
Human Rights Forum Shopping In Transnational Sport Disputes,
2024
Brooklyn Law School
Human Rights Forum Shopping In Transnational Sport Disputes, Ilias Bantekas
Brooklyn Journal of International Law
Professional athletes must adhere to the dispute resolution mechanisms contained in their agreements with sport governing bodies (SGBs). These typically provide for SGB institutional arbitration with appeals against such awards to CAS, although in some instances direct recourse to CAS is also possible. These mechanisms do not cater for attendant human rights claims arising from the underlying dispute. This article suggests that a variety of sui generis forum shopping possibilities are available to address this deficit. Applicants may approach national courts with a sufficient jurisdictional link to the SGB in question by raising constitutional (and by extension human rights) and …
Sliding Into Safety: Why Formal United Nations Or United States Sanctions Or Action Would Help Major League Baseball Curb Human Smuggling And Trafficking Issues,
2024
Brooklyn Law School
Sliding Into Safety: Why Formal United Nations Or United States Sanctions Or Action Would Help Major League Baseball Curb Human Smuggling And Trafficking Issues, Maxwell Russ
Brooklyn Journal of International Law
Every year when the baseball season ends and the offseason begins, professional teams’ front offices go searching for the best available players. Often, incredibly talented baseball players can be found across the world and today, Major League Baseball (MLB) players come from across the globe. Yet, despite the global outreach of MLB, the process by which teams are allowed to search for, recruit, and sign foreign-born players remains largely unregulated by the league itself. For years, stories of players from foreign countries being subjected to shady and unethical practices have begun to surface. This dark side of baseball was even …
Outlier On Lgbtq Rights: Japanese Ban On Same-Sex Marriage And Its Contradiction In The Age Of Globalization,
2024
Brooklyn Law School
Outlier On Lgbtq Rights: Japanese Ban On Same-Sex Marriage And Its Contradiction In The Age Of Globalization, Yumi Higashi
Brooklyn Journal of International Law
Japan is the only Group of Seven country yet to recognize same-sex marriage. Despite strong public support for marriage equality, the conservative dominance of the Japanese legislature and the Japanese courts’ deferential approach have stalled the change. This Note will analyze the legal issues and implications of Japan’s failure to recognize same-sex marriage and Japan’s worldwide inheritance tax regime, with an emphasis on cross-border succession and estate planning. Specifically, the Note argues that the United States, as the only country with which Japan has a treaty in estate, inheritance, and gift tax, should renegotiate the treaty as it could have …
Protecting Cultural Property From Climate Destruction: A Case Study Of Greece,
2024
Brooklyn Law School
Protecting Cultural Property From Climate Destruction: A Case Study Of Greece, Audrey Nadler
Brooklyn Journal of International Law
Climate change poses an escalating threat to Greece’s cultural heritage, with ancient sites such as the Acropolis of Athens and the Palace of Knossos at risk from rising sea levels, wildfires, and pollution. Greece’s legal system includes protections for cultural property and aligns with international treaties, yet lacks sufficient integration between cultural heritage laws and environmental safeguards, leaving vital sites vulnerable. This Note contends that Greece must reinforce domestic law to bridge this gap and protect cultural assets from climate-induced harm. Addressing this deficiency through legal reforms and economic incentives could prevent irreversible damage to Greece’s cultural identity and fulfill …
Human Rights Due Diligence At The Intersection Of Corporate Compliance And Corporate Purpose,
2024
Brooklyn Law School
Human Rights Due Diligence At The Intersection Of Corporate Compliance And Corporate Purpose, Stephen Kim Park
Brooklyn Journal of Corporate, Financial & Commercial Law
The concept of human rights due diligence (“HRDD”) is one part of a broad and diverse range of approaches to address the responsibilities of business to society. Through laws requiring that companies identify and address their adverse impacts on workers, communities, and the environment, HRDD expands the role of corporate compliance in making companies accountable for the welfare of stakeholders. This Article addresses the implications of HRDD laws on how corporations operationalize corporate purpose and examines the barriers posed by corporate compliance practices to meaningfully—rather than cosmetically—enhance responsible business conduct.
How Sovereign Wealth Investment May Fail To Enter The United States Sports Market: Investigating The Governance Restricting Sportswashing,
2024
Brooklyn Law School
How Sovereign Wealth Investment May Fail To Enter The United States Sports Market: Investigating The Governance Restricting Sportswashing, Zachary J. Braverman
Brooklyn Journal of Corporate, Financial & Commercial Law
In recent years, the world of sports has been disrupted by foreign nations engaging in human rights violations, masking their wrongdoings through sport-related investments. This practice, referred to as “sportswashing,” has negative impacts on both the sports industry at large and the individual victims whose suffering is perpetuated. Currently, there is no direct legislation preventing foreign investors from taking over sports franchises in the United States. However, the Committee on Foreign Investment in the United States, the United Nations, and sports leagues’ private regulations, each provide means to resist sportswashing. This Note analyzes the problem of sportswashing, the existing framework …
Growing Rich Off The Fruits Of Private Incarceration,
2024
Brooklyn Law School
Growing Rich Off The Fruits Of Private Incarceration, Joseph Hennessy
Journal of Law and Policy
Mass incarceration is a uniquely American phenomenon. With roots in chattel slavery, modern mass incarceration truly exploded in the latter half of the 20th Century. As Reagan-era politicians advocated for fiscal conservatism on the one hand and heavy-handed responses to crime on the other, private prison pioneers saw an opportunity to derive profit from society’s most vulnerable. Today, private prisons house as much as half of some states’ total prison population, and private prison corporations have demonstrated an insatiable desire to expand their reach. This Note explores the unique social vulnerability of privately incarcerated people through a statutory and judicial …
A Proxy For Piety: A Closer Look At Religious Cost In The Substantial Burden Inquiry,
2024
Fordham University School of Law
A Proxy For Piety: A Closer Look At Religious Cost In The Substantial Burden Inquiry, Philip Andrew B. Wines
Fordham Law Review Online
This Comment discusses whether the Establishment Clause and “religious question” doctrine prohibit courts from considering the subjective religious harm suffered by free exercise claimants when determining if laws impose a “substantial burden” on the claimant, as defined by the Religious Freedom Restoration Act (RFRA) and the Religious Land Use and Institutionalized Persons Act (RLUIPA). It explores a dilemma that courts are presently facing. They must choose either to wade into constitutionally perilous theological debates to decide cases on their merits, or to defer to free exercise claimants on their own assertions of substantial burden and risk swallowing up the law …
Placing The Four Rounds Of Israeli-Palestinian Negotiations In The Twenty-First Century In A Historical And Philosophical Context,
2024
Montclair State University
Placing The Four Rounds Of Israeli-Palestinian Negotiations In The Twenty-First Century In A Historical And Philosophical Context, Michael J. Reimer Dr
Department of Political Science and Law Faculty Scholarship and Creative Works
This paper will take a three-pronged approach to the analysis of prior treaty negotiations and their comparison to the Israeli Palestinian conflict. The first prong, which will be addressed in the next section, will be a historical analysis of other treaty negotiations which resulted in end of conflict treaties. These examinations will include The Congress of Vienna, 1814-1815; the Portsmouth Treaty, 1905 which involved a Treaty between a European and a non-European state2 negotiated by the President of the United States and American Diplomats; the Paris Peace Conferences of 19193 ; and Multiparty Mediation in Cyprus, 1963-1965. In each of …
Dismantling The Dogma Of Dot: A Human Rights-Based Review Of Directly Observed Therapy For Tuberculosis,
2024
University of Chicago Law School
Dismantling The Dogma Of Dot: A Human Rights-Based Review Of Directly Observed Therapy For Tuberculosis, Brian Citro, Dr. Jennifer Furin, Rhea Lobo, Ingrid Schoeman, Timur Abdullaev, James Malar
Northwestern Journal of Human Rights
The global tuberculosis (TB) response is at a crossroads. In recent years, new ideas, technologies, and political commitments have reinvigorated the fight against this age-old disease that kills more people each year than HIV and malaria combined. But with key indicators just beginning to recover after moving in the wrong direction during the COVID-19 pandemic, hard-earned gains are at stake. In this rejuvenated yet challenging context, we critically review an idea and practice at the heart of the TB response—directly observed therapy or DOT. First, we explore DOT’s controversial method and history as a component of the World Health Organization’s …
The Off-Grid Revolution And The "Promise" Of Energy Equality Under The Paris Climate Change Agreement,
2024
Hamad bin Khalifa University
The Off-Grid Revolution And The "Promise" Of Energy Equality Under The Paris Climate Change Agreement, Ilias Bantekas
Northwestern Journal of Human Rights
A key thesis of this article is that since renewable energy is quintessentially a public good both in constitutional and macroeconomic terms, its availability without restrictions to all people is a true manifestation of economic self-determination, ultimately entailing what this author calls “energy equality.” Although this equality is dictated by the nature of renewable energy as a public good, it risks being eroded by the rush to implement the Paris Agreement. This is certainly one of the shortcomings of the Paris Agreement. With nation states eager to meet their targets and energy concessionaires given unprecedented financial and other incentives, we …
The Parts That Don’T Glitter: A Comparative Analysis Between Switzerland And The United States On The Regulations Of The Importation Of Gold And Its Effect On Human Rights In Gold Mining Countries,
2024
University of Miami School of Law
The Parts That Don’T Glitter: A Comparative Analysis Between Switzerland And The United States On The Regulations Of The Importation Of Gold And Its Effect On Human Rights In Gold Mining Countries, Amanda Gomez
University of Miami International and Comparative Law Review
This Note considers and compares rules and regulations Switzerland and the United States have placed on the trade and importation of gold. It explores the history of the gold trade which has led to its modern use and the negative implications that gold refining in Switzerland has on countries where gold may be illegally mined. Although some rules are in place in these gold mining countries, regulations upon the acceptance of gold may have an even greater impact on the gold supply chain and the human rights issues it affects. The United States and Swiss governments currently have some restrictions …
The Future Of Immigrant Rights,
2024
Yeshiva University, Cardozo School of Law
The Future Of Immigrant Rights, Center For Rights And Justice, Benjamin N. Cardozo School Of Law
2024–2025 Flyers
No abstract provided.
Violations Of Human Rights And Available Remedies Under International Law: The Case Of The United Arab Emirates (Uae),
2024
Yeshiva University, Cardozo School of Law
Violations Of Human Rights And Available Remedies Under International Law: The Case Of The United Arab Emirates (Uae), Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Cardozo International Law Society (Cils)
2024–2025 Flyers
No abstract provided.
Empowering Ukraine’S First Legal Responders: Ukrainian-Us Collaboration And Clinics,
2024
Lewis and Clark Law School
Empowering Ukraine’S First Legal Responders: Ukrainian-Us Collaboration And Clinics, Susan Felstiner, Davida Finger, Michelle Greenberg-Kobrin, Maria Tsypiashchuck
Articles
At the onset of the full-scale Russian war of aggression against Ukraine, U.S. law clinic professors worked alongside the leadership of the Association of Legal Clinics of Ukraine. The mutual objective was to support Ukrainian law professors and facilitate the continued legal education of their students, particularly the acquisition of skills typically taught in law clinics. Ultimately, the online partnership that developed focused on skills training and included seven Ukrainian law schools, faculty from over six U.S. law schools and one private law firm, and USAID Justice for All Activity in Ukraine. The overall goals of this collaboration were to …
