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Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Global Standards For Securities Holding Infrastructures: A Soft Law/Fintech Model For Reform, Charles W. Mooney Jr. 2019 University of Pennsylvania Law School

Global Standards For Securities Holding Infrastructures: A Soft Law/Fintech Model For Reform, Charles W. Mooney Jr.

Faculty Scholarship at Penn Law

Intermediaries such as stockbrokers and banks are ubiquitous in global securities markets, playing essential roles in markets, including trading, settling trades, and post-settlement holding of securities. This essay focuses in particular on the roles of intermediaries in securities holding systems. It proposes an IOSCO-led “soft-law-to-hard-law” approach to the development of Global Standards for reforms to these holding systems. States would be expected to adopt “hard law” reforms through statutory and regulatory adjustments to securities holding systems. The reforms would embrace not only important standards of a functional and regulatory nature, but also holistic standards relating to the private law, insolvency ...


Borders Rules, Beth A. Simmons 2019 University of Pennsylvania Law School

Borders Rules, Beth A. Simmons

Faculty Scholarship at Penn Law

International political borders have historically performed one overriding function: the delimitation of a state’s territorial jurisdiction, but today they are sites of intense security scrutiny and law enforcement. Traditionally they were created to secure peace through territorial independence of political units. Today borders face new pressures from heightened human mobility, economic interdependence (legal and illicit), and perceived challenges from a host of nonstate threats. Research has only begun to reveal what some of these changes mean for the governance of interstate borders. The problems surrounding international borders today go well-beyond traditional delineation and delimitation. These problems call for active ...


The Myth Of Morrison: Securities Fraud Litigation Against Foreign Issuers, Robert Bartlett, Matthew D. Cain, Jill E. Fisch, Steven Davidoff Solomon 2018 University of California - Berkeley

The Myth Of Morrison: Securities Fraud Litigation Against Foreign Issuers, Robert Bartlett, Matthew D. Cain, Jill E. Fisch, Steven Davidoff Solomon

Faculty Scholarship at Penn Law

Using a sample of 388 securities fraud lawsuits filed between 2002 and 2017 against foreign issuers, we examine the effect of the Supreme Court’s decision in Morrison v. National Australia Bank. We find that the description of Morrison as a “steamroller” substantially ending litigation against foreign issuers is a myth. Instead, we find that Morrison did not substantially change the type of litigation brought against foreign issuers, which both before and after Morrison focused on foreign issuers with a U.S. listing and substantial U.S. trading volume. While dismissal rates rose post-Morrison we find no evidence that ...


Third Party Funding In International Investor-State Arbitration, Frank J. Garcia, Kirrin Hough 2018 Boston College Law School

Third Party Funding In International Investor-State Arbitration, Frank J. Garcia, Kirrin Hough

Boston College Law School Faculty Papers

No abstract provided.


Third-Party Funding As Exploitation Of The Investment Treaty System, Frank J. Garcia 2018 Boston College Law School

Third-Party Funding As Exploitation Of The Investment Treaty System, Frank J. Garcia

Boston College Law School Faculty Papers

Third-party funding of international investment arbitration is on the rise. Through TPF funders will cover the legal fees of investors filing claims under investment treaties in exchange for a portion of the arbitral award. Proponents of third-party funding claim that it provides access to justice for parties that normally would not have the funds to arbitrate against state actors. Given that the international investment law that governs these claims is unbalanced, and that funding only flows towards investor-claimants, and at the expense of states and their taxpayers, allowing third-party funding in investment arbitration risks creating unjustifiable wealth transfers from the ...


Finally Freed Or Infinitely Detained? The Need For A Clear Standard Of Finality For Reinstated Orders Of Removal, John Gavin 2018 Boston College Law School

Finally Freed Or Infinitely Detained? The Need For A Clear Standard Of Finality For Reinstated Orders Of Removal, John Gavin

Boston College Law Review

Circuits are currently split as to whether reinstated orders of removal are final orders of removal. The resolution of this circuit split and related legislative ambiguity has far-reaching implications for the rights of the 150,000 or more unauthorized immigrants who enter the United States each year. Reinstated orders of removal are a means by which the United States government can more rapidly deport individuals who reenter the country after having been previously deported. On July 29, 2016, in Guerra v. Shanahan, the United States Court of Appeals for the Second Circuit declared that reinstated orders of removal are not ...


Piracy And Due Process, Andrew Kent 2018 Fordham Law School

Piracy And Due Process, Andrew Kent

Michigan Journal of International Law

This article explores in depth the law of nations, English domestic law, and English government practice from the late medieval period through the eighteenth century, and the U.S. constitutional law and government practice during the Founding and antebellum periods. I conclude that Chapman’s claims about due process and piracy suppression are incorrect. Both Parliament and the U.S. Congress; both the Crown and its counselors and U.S Presidents and their advisers; both the Royal Navy and the U.S. Navy; and commentators both English and American believed that (1) pirates on the high seas could lawfully be ...


Forum Selling Abroad, Stefan Bechtold, Jens Frankenreiter, Daniel M. Klerman 2018 ETH Zurich (Swiss Federal Institute of Technology)

Forum Selling Abroad, Stefan Bechtold, Jens Frankenreiter, Daniel M. Klerman

University of Southern California Legal Studies Working Paper Series

Judges decide cases. Do they also try to influence which cases they decide? Clearly plaintiffs “shop” for the most attractive forum, but do judges try to attract cases by “selling” their courts? Some American judges actively try to enlarge their influence by making their courts attractive to plaintiffs, a phenomenon known as “forum sell-ing.” This article shows that forum selling occurs outside the U.S. as well, focusing on Germany, a country that is often held up as the paragon of the civil law approach to adjudication. As in the U.S., German courts attract cases primarily through the pro-plaintiff ...


Bazaar Transnational Drafting: An Analysis Of The Gnu Public License Version 3 Revision Process, Christopher M. DiLeo 2018 University of San Diego

Bazaar Transnational Drafting: An Analysis Of The Gnu Public License Version 3 Revision Process, Christopher M. Dileo

San Diego International Law Journal

This Article will step through the drafting process and compare bazaar and cathedral modes of drafting to determine if a bazaar mode can efficiently produce a legal instrument that crosses legal regimes. As the title suggests, the bazaar process analysis case will be the GNU General Public License version 3 (the GPLv3) Revision Process. A comparison of the advantages and disadvantages of the bazaar mode of drafting to the cathedral mode of drafting will hopefully demonstrate the overall value of a transnational bazaar process like the GPLv3 Revision Process.


Who Wants The Global Law School?, Kevin E. Davis, Xinyi Zhang 2018 University of California, Irvine School of Law

Who Wants The Global Law School?, Kevin E. Davis, Xinyi Zhang

UC Irvine Journal of International, Transnational, and Comparative Law

No abstract provided.


Who Rules The World? The Educational Capital Of The International Judiciary, Mikael Rask Madsen 2018 University of California, Irvine School of Law

Who Rules The World? The Educational Capital Of The International Judiciary, Mikael Rask Madsen

UC Irvine Journal of International, Transnational, and Comparative Law

No abstract provided.


Battles Around Legal Education Reform: From Entrenched Local Legal Oligarchies To Oligopolistic Universals. India As A Case Study, Yves Dezalay, Bryant G. Garth 2018 University of California, Irvine School of Law

Battles Around Legal Education Reform: From Entrenched Local Legal Oligarchies To Oligopolistic Universals. India As A Case Study, Yves Dezalay, Bryant G. Garth

UC Irvine Journal of International, Transnational, and Comparative Law

No abstract provided.


The Sec And Foreign Private Issuers: A Path To Optimal Public Enforcement, Yuliya Guseva 2018 Rutgers Law School

The Sec And Foreign Private Issuers: A Path To Optimal Public Enforcement, Yuliya Guseva

Boston College Law Review

This Article examines SEC enforcement policies and seeks to find the optimum approach to enforcement against foreign private issuers. My previous empirical study of securities class actions against foreign firms identified a number of crucial developments that mainly occurred after Morrison v. National Australia Bank. In Morrison, the Supreme Court sought to limit the extraterritorial reach of the antifraud provisions of the U.S. securities laws. The Court has scaled down the exposure of foreign issuers to securities liability risk, particularly in class-action litigation. If the Supreme Court in Morrison has created a risky enforcement lacuna on the side of ...


The Case Against Third-Party Funding In Investment Arbitration, Frank J. Garcia 2018 Boston College Law School

The Case Against Third-Party Funding In Investment Arbitration, Frank J. Garcia

Boston College Law School Faculty Papers

No abstract provided.


Multinational Efforts To Limit Intellectual Property Income Shifting: The Oecd’S Base Erosion And Profit Shifting (Beps) Project, Jeffrey Maine 2018 University of Maine School of Law

Multinational Efforts To Limit Intellectual Property Income Shifting: The Oecd’S Base Erosion And Profit Shifting (Beps) Project, Jeffrey Maine

Science and Technology Law Review

No abstract provided.


Beyond Tpp: Legal Reform For Financing Intellectual Property And Innovation In Vietnam, Xuan-Thao Nguyen 2018 Indiana University, McKinney School of Law

Beyond Tpp: Legal Reform For Financing Intellectual Property And Innovation In Vietnam, Xuan-Thao Nguyen

Science and Technology Law Review

No abstract provided.


Habitual Residence V. Domicile: A Challenge Facing American Conflicts Of Laws, Mo Zhang 2018 University of Maine School of Law

Habitual Residence V. Domicile: A Challenge Facing American Conflicts Of Laws, Mo Zhang

Maine Law Review

Habitual residence has now become an internationally accepted connecting factor in conflict of laws and is widely being used as an alternative to, or replacement of, domicile. This concept, however, remains remote to American conflict of laws. Although the use of habitual residence in the U.S. courts is mandated by the codification of the Hague Child Abduction Convention, there is still a lack of general acceptance in American conflict of law literature. The Article argues that habitual residence should be adopted as a conflict of law connecting factor in American conflict of laws, and it would be unwise for ...


Pull And Push'- Implementing The Complementarity Principle Of The Rome Statute Of The Icc Within The Au: Opportunities And Challenges, Sascha Dominik Dov Bachmann, Eda Luke Nwibo 2018 Brooklyn Law School

Pull And Push'- Implementing The Complementarity Principle Of The Rome Statute Of The Icc Within The Au: Opportunities And Challenges, Sascha Dominik Dov Bachmann, Eda Luke Nwibo

Brooklyn Journal of International Law

The complementarity principle of the Rome Statute of the International Criminal Court (ICC) is an international legal principle that governs the relationship between two; sometimes; contrasting international principles of law; namely sovereign equality of States and the international community’s duty to end impunity for international core crimes. Article 17 of the Rome Statute envisages that States maintain primary jurisdiction to investigate and prosecute international crimes; while the ICC’s jurisdiction to prosecute when States are unwilling or genuinely unable to carry out such investigations or prosecutions constitutes the exception. This article provides an analysis of this principle in the ...


Challenging The Rhetorical Gag And Trap: Reproductive Capacities, Rights, And The Helms Amendment, Michele Goodwin 2018 Northwestern Pritzker School of Law

Challenging The Rhetorical Gag And Trap: Reproductive Capacities, Rights, And The Helms Amendment, Michele Goodwin

Northwestern University Law Review

This Essay argues that the battle over women’s autonomy, especially their reproductive healthcare and decision-making, has always been about much more than simply women’s health and safety. Rather, upholding patriarchy and dominion over women’s reproduction historically served political purposes and entrenched social and cultural norms that framed women’s capacities almost exclusively as service to a husband, mothering, reproducing, and sexual chattel. In turn, such social norms—often enforced by statutes and legal opinions—took root in rhetoric rather than the realities of women’s humanity, experiences, capacities, autonomy, and lived lives. As such, law created legal ...


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