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Alaska
No full textThe Law of Class Action: Fifty-State Survey 2025 is a valuable tool for both in-house and outside counsel who confront the prospect of litigating class actions in state forums with which they may have little or no experience and must make informed recommendations on removal. Succinct summaries are prepared by litigators from each of the respective states and address changes in rules and statutes as well as significant case law. These summaries are extremely useful in understanding state court rules essential to practitioners and parties alike.https://digitalcommons.law.uw.edu/faculty-chapters/1069/thumbnail.jp
The Next Generation
Get PDFWhat would the law look like if we let children remake it? Laws govern, classify, and circumscribe children who inherit the law and its consequences. Discourses of power invoke children as rhetorical strategies to gain political favor or obviate a position—yet children are uncritically excluded from participating in the systems that control them. Children are subjected to the laws and objects of legislation, but denied the rights, autonomy, or authority to participate in the making of law and policy. Even the conceptualization of the constitutional rights of children is treated as an assumption, ill-defined and under theorized by traditional legal scholarship. This paper answers Catherine Smith’s rallying cry to reconsider constitutional law from a children’s rights perspective by exploring how children may be incorporated into the jurisprudence of state courts, state constitutional law, and local governance. Children have been, and continue to be, on the frontlines of state and federal battles for racial equality in schools. Children in Montana are leading the charge in calling for state action on climate change. Children’s rights of speech and association should be cornerstones of resistance to transphobic and homophobic legislation that would use rhetorics of protection to deny the autonomy of trans children and adults. State courts and constitutions are fertile ground for recognizing, empowering, and furthering the constitutional rights of children.
This paper therefore proceeds in three parts: theory, courts, and governance. First, I echo and emphasize the work of children’s rights scholarship, building on Critical Race Theory other forms of critical legal scholarship, to reframe doctrinal assumptions of rights and power through the lens of those marginalized by the law—in this case, children. Second, I consider how this reframing of rights and power builds on the sovereignty of state courts and constitutions in centering the rights of children independent of their rhetorical or familial roles. I build on the recent decision in Held v. Montana, where the state court found sixteen Montana youth had standing under the state constitution to challenge the state’s energy policies as inadequate in preventing the depletion and degradation of the environment due to climate change. Third, I highlight how to involve children in the institutions that govern them most directly, looking at how municipalities create Youth Councils and Childrens’ Cabinets as means of actively involving children in the substantive and procedural governance of their cities. Ultimately, I argue states and localities must uphold their promise as laboratories of democracy by ensuring that children can participate in governance and imagine possibilities of the future without having to wait to come of age to vote
Decoupling Defined: Four Theories and Four Illustrations from the Sino-American Trade War
Get PDFAbstract: This article seeks to bring clarity to a much used, yet ill-defined, term “decoupling.” The article explores the theory and practice of “decoupling” in the context of the Sino-American Trade War, which, launched in March 2018, shows no sign of a ceasefire. As to theory, this article argues that conceptually, “decoupling” takes (at least) four forms. There is efficiency, jurisprudential, security, and values decoupling. As to practice, this article shows these four theoretical typologies of decoupling are obvious today. This theory and practice are illustrated (respectively) with respect to labor-intensive industries, commercial transactions in rule-of-man jurisdictions or with military-related firms, or which undermine freedom of conscience. Amidst the present Trade War, the article counsels for an expectation of more four-pronged based decoupling
China\u27s Response to the U.S. Call for Decoupling: The Foreign Investment Law of 2020
Get PDFAbstract: In response to the U.S.’s calls for U.S.-China decoupling by repatriating U.S. business operations and eschewing new investments in China, China introduced the Foreign Investment Law (“FIL”) in 2020. The FIL marks a new era of foreign investment in China. It eliminates the requirement of prior government approval for all foreign-funded enterprises, including joint ventures consisting of U.S. companies and domestic Chinese state-owned enterprises. Many U.S. companies found the approval process under the previous legal regime to be time consuming, arduous, and oppressive. This process has now been replaced by a simple registration process under the FIL and the People’s Republic of China (“PRC”) Company Law. The FIL also responds to concerns regarding discrimination against the U.S. vis-à-vis China’s favorable treatment of its state-owned domestic enterprises and domestic companies by requiring equal and non-discriminatory treatment of foreign investors and foreign investments. Additionally, the FIL contains numerous provisions responding to U.S. concerns about technology transfer, a hot-button issue in U.S.-China economic relations. While China maintains a restrictive investment climate compared to the U.S., the FIL represents a significant improvement of the investment climate and signals China’s willingness to consider additional reforms. The FIL may create incentives for U.S. companies to ignore calls to decouple and continue to establish new business operations in China
Trump v. Anderson: Will He Stay on the Ballot?
No full textAnalysis of issues raised by and likely disposition by the Supreme Court in case involving application of the 14th Amendment’s insurrection clause and eligibility of President Trump to appear on the presidential election ballot in 2024
Privacy in Fingerprint and DNA: United States and Japan
No full textThis presentation examined case law developed in the United States and Japan, focusing on constitutional recognition of privacy rights in fingerprints and DNA.
It demonstrated how the judiciary in the United States (both federal and state) have refused to recognize privacy rights, even though Americans were the first to bring cases to courts starting from the early 1900s. In Japan, however, a recent ruling (2022) by the Nagoya District Court recognized, in an unprecedented way, that Article 13 of the Japanese Constitution protects citizens’ privacy in fingerprint and DNA. The Nagoya court aligned with the European Court of Human Rights ruling in 2008. Using fingerprint privacy as an example, the presentation aims to argue that American failure to recognize privacy as a fundamental right is not a recent phenomenon, rather it started much earlier. Thus, such a failure represents a much deeper flaw in its constitutional structure