Opting Out Of Court? Reputation And Informal Norms In Private Equity,
2026
Tel Aviv University School of Law
Opting Out Of Court? Reputation And Informal Norms In Private Equity, Kobi Kastiel Professor Of Law, Yaron Nili Professor Of Law
Vanderbilt Law Review
Private equity, an industry characterized by high-stake investments and complex contractual arrangements, operates almost entirely outside of courts. Despite the substantial financial stakes involved--billions of dollars locked in for years--and the potential for fiduciary conflicts, litigation between limited partners ("LPs") and general partners ("GPs") who manage the investment is exceptionally rare. In stark contrast to public markets, where shareholder litigation plays a prominent role in deterring misconduct and shaping corporate norms, the private equity world is largely defined by its absence. The puzzle, then, is this: In an industry where fiduciary breaches or misaligned incentives are not uncommon, why do …
Training To The Tech: Fostering The Ethical Adaptation To And Adoption Of Emerging Technologies In The Practice Of Law,
2026
Albany Law School
Training To The Tech: Fostering The Ethical Adaptation To And Adoption Of Emerging Technologies In The Practice Of Law, Raymond H, Brescia
Fordham Law Review
No abstract provided.
Winging It: Convergence, Convivencia, And Belonging Of Latina Lawyers,
2026
University of New Mexico School of Law
Winging It: Convergence, Convivencia, And Belonging Of Latina Lawyers, Verónica C. Gonzales
Fordham Law Review
No abstract provided.
Perlindungan Hukum Penyelenggara Peer To Peer Lending Dalam Penagihan Wanprestasi Peminjam,
2026
PT PLN (Persero)
Perlindungan Hukum Penyelenggara Peer To Peer Lending Dalam Penagihan Wanprestasi Peminjam, Gina Marliana, Moch Teguh Al Baisar, Khoirul Amri Saputera
Technology and Economics Law Journal
The rapid growth of the peer-to-peer (P2P) lending industry in Indonesia has increased financial access for the public and micro-businesses, but this has been accompanied by an increase in default risks that threaten the stability of the industry. This study analyzes the legal framework governing protection for P2P lending operators and ethical and legally compliant collection strategies when borrowers default. Various regulations, including the PDP Law, ITE Law, P2SK Law, POJK 10/2022, POJK 40/2024, and SE OJK 19/2023, stipulate that operators must implement strict governance, identity verification, personal data protection, and collection ethics. Although the risk of default is in …
Mansion Markets: Re-Evaluating The Treatment Of Customs Unions In Antidumping Cases,
2026
Mercer University School of Law
Mansion Markets: Re-Evaluating The Treatment Of Customs Unions In Antidumping Cases, Devin Humphreys
Mercer Law Review
Some customs unions look like glorified trade deals, while other customs unions look like nation‑states in the making. Since 1979, U.S. trade law has treated both kinds of customs unions the same, but this state of affairs ignores the variety of ways in which some (though not all) modern customs unions are remarkably economically integrated. Presidents from both parties have treated the European Union as a singular entity in regulating foreign trade with their Section 232 authority, and more recently, the current presidential administration has issued ad valorem tariffs against the European Union as a bloc. But due to a …
Outbound Investment Restrictions And International Law’S Challenge,
2026
Seattle University School of Law
Outbound Investment Restrictions And International Law’S Challenge, Harlan Grant Cohen
Seattle University Law Review
The Outbound Investment Rule, restricting U.S. investment in certain Chinese advanced technology sectors, has largely been portrayed as an incremental measure, a modest extension to fill loopholes in the existing investment screening regime. But while perhaps the logical next step in the securitization of the economy, the Outbound Investment Rule actually reflects a momentous shift in the relationship between governments and business, one playing out in the United States and around the world and worth attention. Unlike traditional investment screening, the Outbound Investment Rule operates like a sanctions regime, designed not to protect the U.S. economy, but to hamper the …
Navigating Compliance In A Geopolitical Era: The Case Of Chinese Multinationals In The United States,
2026
Seattle University School of Law
Navigating Compliance In A Geopolitical Era: The Case Of Chinese Multinationals In The United States, Ji Li
Seattle University Law Review
This Article examines how Chinese multinational companies (MNCs) approach compliance in the United States amid deepening geo-political rivalry and intensified regulatory scrutiny. Drawing on original survey data, this Article maps variations in compliance structures, staffing, and governance mechanisms across Chinese firms and identifies key determinants such as industry-specific regulatory intensity, listing status, and organizational imprinting from headquarters. The analysis employs a dual institutional framework to explain how compliance systems emerge from the interplay between host-state regulatory demands and home-state institutional legacies, producing hybrid structures that blend local adaptation with headquarters-driven replication. Findings reveal that while certain compliance features—such as committee …
The Field Of International Business Transactions Law,
2026
Seattle University School of Law
The Field Of International Business Transactions Law, Kathleen Claussen
Seattle University Law Review
This Article studies the evolution of the scholarly subfield referred to as the law of “international business transactions” (IBT). It reviews data on academic articles, courses, textbooks and other signifiers of the growth of this research area. Beginning around 1960, scholars began to use the term “international business transactions” and by the 1980s, several law schools were offering a course by that title. A handful of dedicated textbooks soon followed. These data reflect a gradual increase in research on the topic of IBT, particularly in the United States, but also considerable diversity of subject matters covered by those works. The …
Resilient Dispute Resolution Systems For International Energy Conflicts,
2026
Seattle University School of Law
Resilient Dispute Resolution Systems For International Energy Conflicts, Guillermo J. Garcia Sanchez
Seattle University Law Review
Energy-related conflicts are on the rise, spanning diverse issues such as the impacts of rare mineral mining on local communities, the impacts of sanctions on energy investments due to the Russia-Ukraine war, and the impacts of expanded subsidies on the electric vehicle and solar panel industries. Increasingly, companies, communities, and governments are clashing over the challenges of pursuing disparate and sometimes competing energy policies. This Article argues that dispute resolution mechanisms in the energy investment sector must be fundamentally rethought. Traditional semi-adjudicatory models, which focus on winners and losers, fail to accommodate the complex and multifaceted nature of contemporary energy …
Restricting Data Flows Is A Sign Of Weakness,
2026
Seattle University School of Law
Restricting Data Flows Is A Sign Of Weakness, Nikolas Guggenberger
Seattle University Law Review
There has been a seismic shift in American attitudes toward the free flow of data across borders. In less than a decade, the United States has transitioned from condemning barriers to digital trade to constructing a digital fortress of its own. It passed legislation requiring TikTok’s parent company to divest its U.S. operations or face a nationwide ban affecting 170 million U.S. users, citing national security concerns about its ties to China and the potential for data surveillance and content manipulation. Upon legal challenge by TikTok on First Amendment grounds, the Supreme Court affirmed the ban’s constitutionality. Recent federal legislation …
Product Nationality And Corporate Identity,
2026
Seattle University School of Law
Product Nationality And Corporate Identity, Trang (Mae) Nguyen
Seattle University Law Review
Global supply chains have long depended on a deceptively technical device: the attribution of a “nationality” to goods. A trade law principle, rules of origin assign products an “economic passport” that governs how they are treated at the border, including what markets they may enter and which tariff rates apply. In recent years, however, product nationality has taken on a new and far more ambitious role. As U.S. trade policy increasingly intersects with national security and human rights policy, policymakers rely on nationality-based measures to police supply chain linkages, curb geopolitical issues, and discipline firms for their links to forced …
Global Supply Chain Resilience In Emerging Technologies: A Case Study Of Bitcoin Mining,
2026
Seattle University School of Law
Global Supply Chain Resilience In Emerging Technologies: A Case Study Of Bitcoin Mining, Kishanthi Parella, Carla L. Reyes
Seattle University Law Review
The United States has put into motion bold plans in critical and emerging technologies to bolster its national and economic security. For example, the federal government created a national bitcoin strategic reserve and a stockpile of other cryptocurrency; while several states have committed to or are considering similar goals. However, the security of these reserves is dependent on two types of supply chains within the Bitcoin mining industry: analogue supply chains, relating to the physical components needed for Bitcoin mining, and data supply chains, relating to the complex and layered logistical network of actors that create input into the software …
Third-Party Funding: Balancing Transparency, National Security, And Access To Justice,
2026
Seattle University School of Law
Third-Party Funding: Balancing Transparency, National Security, And Access To Justice, Victoria Shannon Sahani
Seattle University Law Review
Many lawmakers who have recently become aware of the multi-billion-dollar global third-party funding industry are raising new national security concerns that further complicate preexisting, longstanding debates about transparency, disclosure, access to justice, and the best way to regulate third-party funding. In response, this Article briefly asserts three main points relating to the question of how best to regulate third-party funding. First, this Article explains the third-party funding industry, including its global regulatory landscape and how it serves three distinct populations: consumers, businesses, and law firms. Second, this Article explains that third-party funding is one tool that can help expand access …
Kim Gyeong-Seok And The Origins Of Northeast Asia’S Corporate Accountability Movement For War And Colonialism,
2026
Seattle University School of Law
Kim Gyeong-Seok And The Origins Of Northeast Asia’S Corporate Accountability Movement For War And Colonialism, Timothy Webster
Seattle University Law Review
For the past three decades, a transnational reparations movement has unfolded across Northeast Asia. Hundreds of victims—assisted by attorneys, academics, and activists—seek remedies from Japan for various atrocities committed during World War II, colonialism, and other historical injustices. They press their claims in street protests, legislative hearings, dramatic performances, and other fora. The “comfort women” are the best known of these claimants; their global redress campaign ex-tends from noisy protests outside of Japan’s embassy in Seoul, to mute statues in raucous boroughs of Berlin. More obscure, though larger in number, were the roughly one million Koreans who performed forced labor …
Volume 49 Masthead,
2026
Seattle University School of Law
A Comparative Study Of Chinese And American Approaches To Shaping International Outer Space Law And Norms,
2026
Seattle University School of Law
A Comparative Study Of Chinese And American Approaches To Shaping International Outer Space Law And Norms, Ariel G. Silverman
Seattle University Law Review
This article explores convergences and divergencies in the United States and PRC’s responses to the stalemate in the United Nations over the future of outer space resource governance. I do so by systematically analyzing these leading space-faring nations’ policy-positions and tactics deployed to shape norms around three substantive areas of outer space resource governance: rights of ownership and scope of utilization of space resources, mechanization of the “benefits sharing” principle, and the rights and responsibilities of the private sector. I theorize that these leading space-faring nations have adopted divergent approaches due to their differing historical relationships with international law and …
Table Of Contents,
2026
Seattle University School of Law
Navigating Radical Indeterminacy In The Struggle For A Global Collective Consciousness: The Question Of Eco-Justice And Law Or Universalize The Pluriverse: A Manifesto, More Or Less,
2026
American University in Cairo
Navigating Radical Indeterminacy In The Struggle For A Global Collective Consciousness: The Question Of Eco-Justice And Law Or Universalize The Pluriverse: A Manifesto, More Or Less, Omar Auf
Theses and Dissertations
The processes of interpretation, communication, and re-interpretation leads to the emergence of an approximated collective consciousness, for which it may be struggled and contested by hegemonic. The dominant forces of this contest, capitalism and nationalism, lead to an interdivided world: one that possesses the tools to empathize with each other but is instead leading people to keep their heads down and focus on surviving their own contexts, perceived as existing within different historical times on the same timeline. This leads to legal and justice systems that fail their claim to universality and/or impartiality. Incorporating an ecological lens to justice within …
Two Decades Since Cms V. Argentina: Concession Contracts, Necessity Doctrine, And The Imf’S Impact On Sovereign Economic Governance,
2026
American University in Cairo
Two Decades Since Cms V. Argentina: Concession Contracts, Necessity Doctrine, And The Imf’S Impact On Sovereign Economic Governance, Esraa S. Saied Abdallah
Theses and Dissertations
In the evolving landscape of international trade, particularly within the framework of Bilateral Investment Treaties (BITs), the primary aim has been to promote and protect foreign investment. The 1980s witnessed a notable increase in investment treaties, coinciding with a global shift toward privatization that was significantly influenced by the impact of international financial institutions, including the International Monetary Fund (IMF) and the World Bank. By the 1990s, BITs had evolved to offer specific guarantees aimed at reducing the risks foreign investors faced in host states. However, despite the growth and transformation brought about by foreign investments, disputes arising under investment …
Is Delaware Different? Stockholder Lawyering In The Court Of Chancery,
2026
University of Richmond School of Law
Is Delaware Different? Stockholder Lawyering In The Court Of Chancery, Jessica Erickson, Adam C. Pritchard, Stephen J. Choi
Law & Economics Working Papers
Delaware corporate law relies on stockholder litigation to police corporate misconduct. Judges in turn use attorneys’ fees to shape the incentives of the lawyers who pursue this litigation. This system of corporate accountability has come under increased scrutiny in recent years, with a series of decisions causing several high-profile companies to leave Delaware and prompting lawmakers to call for reform. Yet little empirical evidence exists about how Delaware judges set the attorneys’ fee awards that sustain this enforcement system. Using a hand-collected dataset of stockholder suits filed in the Court of Chancery, this Article offers the most comprehensive empirical analysis …
