University of Tennessee - Knoxville
The University of Maine
William & Mary Law School
University of Arkansas at Little Rock William H. Bowen School of Law
University of Michigan Law School
Seattle University School of Law
Washington and Lee University School of Law
University of Georgia School of Law
Egyptian Public Law Judge: Reviewing Public Economic Policies From Nationalization To Privatization,
2021
American University in Cairo
Egyptian Public Law Judge: Reviewing Public Economic Policies From Nationalization To Privatization, Omar El Menshawy
Theses and Dissertations
Do public law judges play a role in public economic policies in Egypt? Egypt has witnessed rough changes, leading to the adoption of different public economic policies. Public law judges have played a key role in these economic shifts. However, the efficacy of this role is pending on the satisfaction or dissatisfaction of the government with the courts and the judicial decisions. This paper argues that the government posses the upper hand in dealing with the judicial influence in economic issues in Egypt. The paper scrutinizes the transformation in the judicial attitude towards government economic policies. Specifically, the paper demarcates ...
Avoiding Flights Of Fancy: Determining Venue For Crimes Committed During Commercial Flights,
2021
University of Oklahoma College of Law
Avoiding Flights Of Fancy: Determining Venue For Crimes Committed During Commercial Flights, Allyson Shumaker
Oklahoma Law Review
No abstract provided.
The Hague Judgments Convention In The United States: A “Game Changer” Or A New Path To The Old Game?,
2021
University of Pittsburgh School of Law
The Hague Judgments Convention In The United States: A “Game Changer” Or A New Path To The Old Game?, Ronald A. Brand
Articles
The Hague Judgments Convention, completed on July 2, 2019, is built on a list of “jurisdictional filters” in Article 5(1), and grounds for non-recognition in Article 7. If one of the thirteen jurisdictional tests in Article 5(1) is satisfied, the judgment may circulate under the Convention, subject to the grounds for non-recognition found in Article 7. This approach to Convention structure is especially significant for countries considering ratification and implementation. A different structure was suggested in the initial Working Group stage of the Convention’s preparation which would have avoided the complexity of multiple rules of indirect jurisdiction ...
The Contribution Of Eu Law To The Regulation Of Online Speech,
2021
University of Michigan Law School
The Contribution Of Eu Law To The Regulation Of Online Speech, Luc Von Danwitz
Michigan Technology Law Review
Internet regulation in the European Union (EU) is receiving significant attention and criticism in the United States. The European Court of Justice’s (ECJ) judgment in the case Glawischnig-Piesczek v. Facebook Ireland, in which the ECJ found a take-down order against Facebook for defamatory content with global effect permissible under EU law, was closely scrutinized in the United States. These transsystemic debates are valuable but need to be conducted with a thorough understanding of the relevant legal framework and its internal logic. This note aims to provide the context to properly assess the role the ECJ and EU law play ...
Table Of Contents,
2021
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
School “Safety” Measures Jump Constitutional Guardrails,
2021
Seattle University School of Law
School “Safety” Measures Jump Constitutional Guardrails, Maryam Ahranjani
Seattle University Law Review
In the wake of George Floyd’s murder and efforts to achieve racial justice through systemic reform, this Article argues that widespread “security” measures in public schools, including embedded law enforcement officers, jump constitutional guardrails. These measures must be rethought in light of their negative impact on all children and in favor of more effective—and constitutionally compliant—alternatives to promote school safety. The Black Lives Matter, #DefundthePolice, #abolishthepolice, and #DefundSchoolPolice movements shine a timely and bright spotlight on how the prisonization of public schools leads to the mistreatment of children, particularly children with disabilities, boys, Black and brown children ...
Duress In Immigration Law,
2021
Seattle University School of Law
Duress In Immigration Law, Elizabeth A. Keyes
Seattle University Law Review
The doctrine of duress is common to other bodies of law, but the application of the duress doctrine is both unclear and highly unstable in immigration law. Outside of immigration law, a person who commits a criminal act out of well-placed fear of terrible consequences is different than a person who willingly commits a crime, but American immigration law does not recognize this difference. The lack of clarity leads to certain absurd results and demands reimagining, redefinition, and an unequivocal statement of the significance of duress in ascertaining culpability. While there are inevitably some difficult lines to be drawn in ...
State Competition For Corporate Headquarters And Corporate Law: An Empirical Anaylsis,
2021
University of Maryland Francis King Carey School of Law
State Competition For Corporate Headquarters And Corporate Law: An Empirical Anaylsis, Jens Dammann
Maryland Law Review
No abstract provided.
The Rise Of Transnational Commercial Courts: The Astana International Financial Centre Court,
2020
Hamad bin Khalifa University, College of Law
The Rise Of Transnational Commercial Courts: The Astana International Financial Centre Court, Ilias Bantekas
Pace International Law Review
The proliferation of international commercial courts aims to boost income from legal services and serve as a catalyst for newly found rules of law and thus attract investor confidence. The latter is the underlying purpose for the creation of the Astana International Financial Centre (AIFC) and its Court. The Court’s legal framework is set out in the tradition of its competitors in the Gulf and similarly employs an impressive lineup of former senior judges from the United Kingdom. It is a unique experiment because it strives to create a balance between maintaining a judicial institution of the highest caliber ...
The Impact Of Cultural Heritage On Japanese Towns And Villages,
2020
University of Tsukuba
The Impact Of Cultural Heritage On Japanese Towns And Villages, Yuichiro Tsuji Dr.
Seattle Journal of Technology, Environmental & Innovation Law
In 1954, when historically significant clays and clay pots were found in the Iba district of Shizuoka prefecture, the city applied to the prefectural education committee for a historic site designation. The committee granted this designation to the city..
However, in 1973 the education committee lifted its permission to promote development around the location. Historians have sought revocation of this decision under the Administrative Case Litigation Act (ACLA), but the Supreme Court has denied standing. By denying standing, the Japanese Supreme Court allows the prefecture to destroy a historical site.
First, this paper seeks to discuss the doctrine of standing ...
Responsible Energy Storage For A Renewable Electrical Grid,
2020
Seattle University School of Law
Responsible Energy Storage For A Renewable Electrical Grid, Matt Longacre
Seattle Journal of Technology, Environmental & Innovation Law
The United States economy, its national security, and even the health and safety of its citizens depend on reliably available electricity. Electricity is largely available through the grid – more than 9,200 generating units, capable of generating more than one terawatt of electricity, connected to more than 600,000 miles of wire. The grid extends to nearly everything: from charging cellphones to cellphone towers, from light emitting diodes to street lights, and from parking meters to electric cars; the grid has become ubiquitous.
The current grid infrastructure has been valued at two trillion dollars, but much of it is aging ...
Who Upholds Your Human Rights When You Are “Stateless?” Why Couldn’T The Un Protect The Rohingya’S Human Rights?,
2020
CUNY Bernard M Baruch College
Who Upholds Your Human Rights When You Are “Stateless?” Why Couldn’T The Un Protect The Rohingya’S Human Rights?, Hyochan Lee
Student Theses
In 2017, genocide in Myanmar took place against the stateless minority Rohingya Muslims. Why couldn’t the UN protect the Rohingya’s human rights? The international community's efforts to oppose these violations against the stateless people have been only passive. Then, who upholds your human rights when you are stateless? Using chronology, historical institutionalism, and process tracing analyses, this thesis (1) evaluates the UN’s legal regime’s systemic design and capabilities in protecting human rights; then (2) identifies the design flaws of our international human rights regime; and lastly, (3) develops a recommendation to protect all people, stateless ...
The Double Standard For Third-Party Standing: June Medical And The Continuation Of Disparate Standing Doctrine,
2020
Candidate for Juris Doctor, Notre Dame Law School, Class of 2021
The Double Standard For Third-Party Standing: June Medical And The Continuation Of Disparate Standing Doctrine, Brandon L. Winchel
Notre Dame Law Review
No jurisdictional principle is more fundamental to the federal judiciary than the doctrine of standing. Before litigants may avail themselves of the tremendous power vested in the federal judiciary, plaintiffs must first establish that they are appropriately situated to assert a legal claim before a court. In analyzing whether a plaintiff possesses the requisite standing to maintain a legal challenge, the Supreme Court has stressed that a court’s analysis must be blind to the underlying dispute: “The fundamental aspect of standing is that it focuses on the party seeking to get his complaint before a federal court and not ...
Federal Rule 44.1: Foreign Law In U.S. Courts Today,
2020
University of Pittsburgh School of Law
Federal Rule 44.1: Foreign Law In U.S. Courts Today, Vivian Grosswald Curran
Articles
This article presents an in-depth analysis of the latent methodological issues that are as much a cause of U.S. federal court avoidance of foreign law as are judicial difficulties in obtaining foreign legal materials and difficulties in understanding foreign legal orders and languages. It explores Rule 44.1’s inadvertent introduction of a civil-law method into a common-law framework, and the results that have ensued, including an incomplete transition of foreign law from being an issue of fact to becoming an issue of law. It addresses the ways in which courts obtain information about foreign law today, suggesting among ...
Facilitating Money Judgment Enforcement Between Canada And The United States,
2020
Texas A&M University School of Law
Facilitating Money Judgment Enforcement Between Canada And The United States, Paul George
Faculty Scholarship
The United States has attempted for years to create a more efficient enforcement regime for foreign-country judgments, both by treaty and statute. Long negotiations succeeded in July 2019, when the Hague Conference on Private International Law (with U.S. participants, including the Uniform Law Commission) promulgated the new Hague Judgments Convention which harmonizes judgment recognition standards but leaves the domestication process to the enforcing jurisdiction. In August 2019, the Uniform Law Commission took a significant step to fill that gap, though limited to Canadian judgments. The Uniform Registration of Canadian Money Judgments Act provides a registration process similar to that ...
Enough Is As Good As A Feast,
2020
Seattle University School of Law
Enough Is As Good As A Feast, Noah C. Chauvin
Seattle University Law Review
Ipse Dixit, the podcast on legal scholarship, provides a valuable service to the legal community and particularly to the legal academy. The podcast’s hosts skillfully interview guests about their legal and law-related scholarship, helping those guests communicate their ideas clearly and concisely. In this review essay, I argue that Ipse Dixit has made a major contribution to legal scholarship by demonstrating in its interview episodes that law review articles are neither the only nor the best way of communicating scholarly ideas. This contribution should be considered “scholarship,” because one of the primary goals of scholarship is to communicate new ...
Court-Packing In 2021: Pathways To Democratic Legitimacy,
2020
Seattle University School of Law
Court-Packing In 2021: Pathways To Democratic Legitimacy, Richard Mailey
Seattle University Law Review
This Article asks whether the openness to court-packing expressed by a number of Democratic presidential candidates (e.g., Pete Buttigieg) is democratically defensible. More specifically, it asks whether it is possible to break the apparent link between demagogic populism and court-packing, and it examines three possible ways of doing this via Bruce Ackerman’s dualist theory of constitutional moments—a theory which offers the possibility of legitimating problematic pathways to constitutional change on democratic but non-populist grounds. In the end, the Article suggests that an Ackermanian perspective offers just one, extremely limited pathway to democratically legitimate court-packing in 2021: namely ...
“Don’T Move”: Redefining “Physical Restraint” In Light Of A United States Circuit Court Divide,
2020
Seattle University School of Law
“Don’T Move”: Redefining “Physical Restraint” In Light Of A United States Circuit Court Divide, Julia Knitter
Seattle University Law Review
To reduce sentencing disparities and clarify the application of the sentencing guide to the physical restraint enhancement for a robbery conviction, this Comment argues that the United States Sentencing Commission (USSC) must amend the USSC Guidelines Manual to provide federal courts with a clearer and more concise definition of physical restraint. Additionally, although there are many state-level sentencing systems throughout the United States, this Comment only focuses on the federal sentencing guidelines for robbery because of the disparate way in which these guidelines are applied from circuit to circuit.
Argument Analysis: On First Day Of New Term, Supreme Court Seems Skeptical Of Texas’ Arguments In Interstate Water Dispute With New Mexico,
2020
University of New Mexico - School of Law
Argument Analysis: On First Day Of New Term, Supreme Court Seems Skeptical Of Texas’ Arguments In Interstate Water Dispute With New Mexico, Reed D. Benson
Faculty Scholarship
Find out more information regarding Texas v. New Mexico at SCOTUSblog.
Read more about Professor Reed Benson's involvement on the UNM Law News Page.
A False Sense Of Security: How Congress And The Sec Are Dropping The Ball On Cryptocurrency,
2020
Penn State Dickinson Law
A False Sense Of Security: How Congress And The Sec Are Dropping The Ball On Cryptocurrency, Tessa E. Shurr
Dickinson Law Review
Today, companies use blockchain technology and digital assets for a variety of purposes. This Comment analyzes the digital token. If the Securities and Exchange Commission (SEC) views a digital token as a security, then the issuer of the digital token must comply with the registration and extensive disclosure requirements of federal securities laws.
To determine whether a digital asset is a security, the SEC relies on the test that the Supreme Court established in SEC v. W.J. Howey Co. Rather than enforcing a statute or agency rule, the SEC enforces securities laws by applying the Howey test on a ...
