Table Of Contents, 2020 Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
81818app手机版下载Table of Contents
Against Bidimensional Supremacy In Eu Constitutionalism, 2020 Boston College Law School
Against Bidimensional Supremacy In Eu Constitutionalism, Vlad F. Perju
Boston College Law School Faculty Papers
Scholarly consensus sees EU supremacy as “necessarily bidimensional”: the supranational dimension necessarily stands alongside the national dimension, which rejects the absolute and unconditional supremacy of EU law. I argue that this view of bidimensional supremacy is conceptually flawed and descriptively inaccurate. On the conceptual side, I identify the fallacy of symmetry (the idea that national and supranational perspectives on supremacy are similar in nature and equally reductionist), the fallacy of selection (the view that bidimensionalism alone can overcome what it perceives as an inevitable subjective bias in the choice between national and supranational supremacy claims), and the fallacy of construction ...
Complicity In The Perversion Of Justice: The Role Of Lawyers In Eroding The Rule Of Law In The Third Reich, 2020 Southern Illinois University
Complicity In The Perversion Of Justice: The Role Of Lawyers In Eroding The Rule Of Law In The Third Reich, Cynthia Fountaine
St. Mary's Journal on Legal Malpractice & Ethics
A fundamental tenet of the legal profession is that lawyers and judges are uniquely responsible—individually and collectively—for protecting the Rule of Law. This Article considers the failings of the legal profession in living up to that responsibility during Germany’s Third Reich. The incremental steps used by the Nazis to gain control of the German legal system—beginning as early as 1920 when the Nazi Party adopted a party platform that included a plan for a new legal system—turned the legal system on its head and destroyed the Rule of Law. By failing to uphold the integrity ...
Saving Small Business From The Big Impact Of Data Breach: A Tiered Federal Approach To Data Protection Law, Nadia Udeshi
Brooklyn Journal of Corporate, Financial & Commercial Law
81818app手机版下载Small businesses provide a significant positive impact on the American economy. However, the current fragmented federal and state data protection and breach notification legal scheme puts the viability of small businesses at risk. While the probability of data breaches occurring continues to increase, small businesses lack the financial and technological resources to contend with the various state and federal laws that impose different monetary penalties and remedial requirements in the event of such breaches. To preserve the viability of small businesses, Congress should enact a centralized, multi-tiered federal data protection and breach notification framework that preempts state laws, imposes minimum ...
Saving The Marketplace From Market Failure: Reorienting Marketplace Theory In The Era Of Ai Communicators, 2020 William & Mary Law School 81818app手机版下载
Saving The Marketplace From Market Failure: Reorienting Marketplace Theory In The Era Of Ai Communicators, Jared Schroeder
William & Mary Bill of Rights Journal
Artificially Intelligent (AI) communicators represent a new type of actor within public discourse. These entities have played influential roles in recent elections in the U.S. and Europe. This Article examines expression rights for AI actors through the lenses provided by the foundational assumptions of the marketplace of ideas theory and existing free-expression-related rationales regarding non-human actors in the U.S. and European legal systems. The Article contends that the fundamental assumptions of the marketplace model must be revised to focus on the flow of information, the development of truth, rather than the more Enlightenment-oriented competition of ideas that leads ...
The Gdpr And The Consequences Of Big Regulation, 2020 Pepperdine University
The Gdpr And The Consequences Of Big Regulation, Matthew R. A. Heiman
Pepperdine Law Review
This Article summarizes the key features of the European Union’s General Data Privacy Regulation (GDPR) that became effective on May 25, 2018. The stated purpose of the law is to give individuals greater control over personal information that is handled by companies and organizations. The Article argues that the GDPR is fundamentally flawed. Key terms within the GDPR are undefined; the burdens of the GDPR will fall heaviest on small businesses; the GDPR disrupts a valuable business model; the GDPR will stymie growth, innovation, and information sharing; and it may be the product of protectionist impulses rather than concerns ...
Ride-Hailing Drivers As Autonomous Independent Contractors: Let Them Bargain!, 2020 University of Hawaii Law School 81818app手机版下载
Ride-Hailing Drivers As Autonomous Independent Contractors: Let Them Bargain!, Ronald C. Brown
Washington International Law Journal
81818app手机版下载“Autonomous” workers include most gig-platform drivers, like those working globally for Uber and Lyft, who are usually classified as independent contractors and are ineligible for labor protections and benefits. The “new economy” and its business model, with its fissurization and increased use of contingent and outsourced workers hired as independent contractors, provide employers flexibility and lower costs by shifting labor costs to the workers. Many of these workers operate more as employees rather than genuine independent contractors or self-employed entrepreneurs, causing lost employee labor benefits and costing the government billions of lost tax dollars. Legal attempts continue to classify these ...
Social Responsibility In Advertising: Extending Protections For Children In California’S Modeling Industry, 2020 Seattle University School of Law
Social Responsibility In Advertising: Extending Protections For Children In California’S Modeling Industry, Jordyn Sifferman
Seattle Journal for Social Justice
No abstract provided.
Can Soft Words Lead To Strong Deeds? A Comparative Analysis Of Corporate Human Rights Commitments’ Enforcement, 2020 Seattle University School of Law 81818app手机版下载
Can Soft Words Lead To Strong Deeds? A Comparative Analysis Of Corporate Human Rights Commitments’ Enforcement, Adeline Michoud
Seattle Journal for Social Justice
81818app手机版下载No abstract provided.
Kosovo's Controversial 100 Percent Tariff: An Analysis Of Its Imposition And The Issues Bleeding Into The Conflict Between Kosovo And Serbia, 2020 Brooklyn Law School 81818app手机版下载
Kosovo's Controversial 100 Percent Tariff: An Analysis Of Its Imposition And The Issues Bleeding Into The Conflict Between Kosovo And Serbia, Ernira Mehmetaj
Brooklyn Journal of International Law
81818app手机版下载On November 6, 2018, Kosovo imposed a 10 percent tariff on products imported from Serbia and Bosnia and Herzegovina. Later that month, on November 28, 2018, after Kosovo was denied membership in the International Criminal Police Organization, Kosovo increased the custom tariffs on Serbian and Bosnian goods from 10 to 100 percent. These actions resulted in a standstill of the European Union–mandated Belgrade-Pristina dialogue—a dialogue seeking to normalize the relations between the two states. Having the tumultuous history shared by Kosovo and Serbia as a backdrop, this Note analyzes the international agreements Kosovo is party to, specifically the ...
Privacy's Constitutional Moment And The Limits Of Data Protection, 2020 Northeastern University 81818app手机版下载
Privacy's Constitutional Moment And The Limits Of Data Protection, Woodrow Hartzog, Neil Richards
Boston College Law Review
America’s privacy bill has come due. Since the dawn of the internet, Congress has repeatedly failed to build a robust identity for American privacy law. But now both California and the European Union have forced Congress’s hand by passing the California Consumer Privacy Act (CCPA) and the General Data Protection Regulation (GDPR). These data protection frameworks, structured around principles for fair information processing called the “FIPs,” have industry and privacy advocates alike clamoring for a “U.S. GDPR.” States seem poised to blanket the country with FIPs-based laws if Congress fails to act. The United States is thus ...
The Bumpy Road Of Home States’ Regulation Of Globalized Businesses—Legal And Institutional Disruptions To Supply Chain Disclosure Under The Modern Slavery Act, 2020 The Catholic University of America, Columbus School of Law 81818app手机版下载
The Bumpy Road Of Home States’ Regulation Of Globalized Businesses—Legal And Institutional Disruptions To Supply Chain Disclosure Under The Modern Slavery Act, Shuangge Wen, Jingchen Zhao
Catholic University Law Review
In response to the paradigm shift from territorial corporations to global businesses and supply chains, states are increasingly engaging in regulating extraterritorial business activities, supply chain disclosure regulation being a primary example. Much ink has thus far spilled on the intrinsic doctrinal and conceptual aspects of this regulatory approach, with its interactions to the external regulatory and institutional environment far less considered. This article seeks to correct the scholarly imbalance by critically examining how s.54 of the UK Modern Slavery Act (MSA) – a prominent attempt among state-level initiatives designed to promote human rights protection within global supply chains – fits ...
The More Things Change, The More They Stay The Same: The United States, Trade Sanctions, And International Blocking Acts, 2020 The Catholic University of America, Columbus School of Law 81818app手机版下载
The More Things Change, The More They Stay The Same: The United States, Trade Sanctions, And International Blocking Acts, Meaghan Jennison
Catholic University Law Review
81818app手机版下载When the United States unilaterally withdrew from the Joint Comprehensive Plan of Action (“JCPOA,” colloquially known as the Iran Nuclear Deal) in May of 2018, that withdrawal signaled not only the United States withdrawal from that deal, of which it had been one of the chief negotiators, but also of a new level of trade engagement by the United States and the Trump Administration within the international community. European countries, in an attempt to continue existing business relationships with the Iranians, pulled an old tool from their toolbox – the blocking statute – to attempt to allow European and multinational companies to ...
Multi-Jurisdictional Anti-Corruption Enforcement: Time For A Global Approach, 2020 Brooklyn Law School 81818app手机版下载
Multi-Jurisdictional Anti-Corruption Enforcement: Time For A Global Approach, Sharon Oded
Journal of Law and Policy
With the rise of globalization, foreign corruption has become a prominent enemy of the world’s economy. Over time, numerous international initiatives―such as the OECD and United Nations conventions against foreign corruption―have enlisted a growing number of sovereign states to join in the global war against that enemy. As a consequence, global enhancement of anti-foreign corruption enforcement often results in duplicative, multi-jurisdictional enforcement, such that multiple enforcement actions are initiated against the same corporation by several authorities, in one or more jurisdictions, in relation to the same misconduct. This phenomenon, which was recently addressed by the US Department ...
Digitizing Scent And Flavor: A Copyright Perspective, 2020 University of Michigan Law School
Digitizing Scent And Flavor: A Copyright Perspective, Amara Lopez
Michigan Technology Law Review
Should the flavor of a cheese fall under copyright protection? The Court of Justice of the European Union recently confronted this question in Levola Hengelo BV v. Smilde Foods. Although the court ultimately denied protection, its reasoning opened many doors for those seeking intellectual property protection for scents and flavors. The court implied that it was the subjective nature of a cheese flavor that bars it from enjoying the protection copyright affords, which begs the question of what would happen if there were a sufficiently objective way to describe a flavor.
Recent developments in technology have led to the digitization ...
Comments On Executive Ruilemaking And Democratic Legitimacy: "Reform" In The United States And The United Kingdom's Brexit Bt Susan Rose-Ackerman, 2020 Seton Hall University School of Law 81818app手机版下载
Comments On Executive Ruilemaking And Democratic Legitimacy: "Reform" In The United States And The United Kingdom's Brexit Bt Susan Rose-Ackerman, Nicholas Almendares
Chicago-Kent Law Review
81818app手机版下载No abstract provided.
National Minorities And European Union Accession: A Consideration Of Communist Legacies And Eu Conditionality In Central And Eastern Europe, 2020 University of Pennsylvania 81818app手机版下载
National Minorities And European Union Accession: A Consideration Of Communist Legacies And Eu Conditionality In Central And Eastern Europe, Esther Moriah Yeung
CUREJ - College Undergraduate Research Electronic Journal
81818app手机版下载The fall of communism in Central and Eastern Europe prompted Western Europe to integrate the region with European Union (EU) expansion. The collapse of the Eastern bloc was concerning to the West, which viewed the nationalist tensions in the region as having the potential to trigger destabilization and conflict. This thesis evaluates the treatment of Hungarian national minorities in three states that eventually joined the EU: Slovakia, Romania, and Slovenia. Marxist-Leninist legacies, in combination with democratization and EU membership, determined key differences in state compliance with EU national minority recommendations in the wake of membership. I identify how both communist-era ...
The Deficiencies Of The European Union's Regulatory System Governing The Classification Of Endocrine Disrupting Chemicals, 2020 William & Mary Law School 81818app手机版下载
The Deficiencies Of The European Union's Regulatory System Governing The Classification Of Endocrine Disrupting Chemicals, Elissa Sanford
William & Mary Environmental Law and Policy Review
No abstract provided.
New Media, Free Expression, And The Offences Against The State Acts, 2020 Georgetown University Law Center
New Media, Free Expression, And The Offences Against The State Acts, Laura K. Donohue
Georgetown Law Faculty Publications and Other Works
81818app手机版下载In Ireland, since 1939, the Offences Against the State Act (OAS) has served as the primary vehicle for confronting political violence. How effective is it in light of new media and the novel types of threats that it poses? Terrorist recruitment is just the tip of the iceberg. Social networking sites allow for targeted and global fundraising, international direction and control, anonymous power structures, and access to critical expertise. The platform can create the oceans within which extreme ideologies can prosper—and it can do so, targeting individuals likely to be sympathetic to the cause, 24 hours a day, seven ...
The Cost Of Big Data: Evaluating The Effects Of The European Union’S General Data Protection Regulation, 2020 University of Tennessee, Knoxville 81818app手机版下载
The Cost Of Big Data: Evaluating The Effects Of The European Union’S General Data Protection Regulation, Kara Rebecca White
Finance Publications and Other Works
81818app手机版下载In the 1990’s the World Wide Web was created, drastically changing the way I do business, communicate, and live our lives. Ten years later in the early 2000’s the dot com boom happened, and several years later, new technology giants emerged—like Amazon, Google, and Facebook. From this, I now face “big data” that promises to solve world problems, but has the potential to create turmoil and malfeasance. My research examines the impact of the General Data Protection Regulation (GDPR) enacted in the EU in 2016 on firm value using Tobin’s Q and CARs. Using regression analyses ...