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A Legal Pluralist Approach to Migration Control: Norm Compliance in a Globalized World
Get PDFThis Article proposes a new approach to international cooperation on migration control. More specifically, it proposes a legal pluralist understanding of refugee law, which would explain and capture the relations and interactions between different legal orders and legal regimes. This Article suggests that State and non-State entities maintain an ongoing dialectical exchange that helps to further legitimize and incentivize compliance as well as encourage more dialogue on the compliance of legal norms
Special Purpose Municipal Entities and Bankruptcy: The Case of Public Colleges
Get PDFThis Article builds on the municipal bankruptcy literature by showing why the common analogy between corporate shareholders and city residents does not hold in the case of certain special purpose municipal entities. For example, some scholars argue that “local residents” are best situated to avoid municipal financial distress by preventing it ex ante through the political process or remedying it ex post by repaying creditors through increased taxes. But residents’ ability to avoid financial distress is limited when a special purpose municipal entity spans political boundaries or tax jurisdictions because it is not clear who counts as a “local resident” in such cases. These boundary-spanning entities include certain hospitals and institutions of higher education. Instead of residents, this Article concludes that either creditors or the state are better situated to address the financial distress of boundary-spanning special purpose municipal entities, such as public institutions of higher education. This Article also reviews every decision where eligibility for relief under chapter 9 of the Bankruptcy Code was contested and distills a set of definitions for “municipality” that can be used to determine whether an entity must seek relief under chapter 9 (or if chapter 11 is available). Then, this Article applies those definitions to public institutions of higher education and determines that they, unlike private institutions, are eligible for relief only under chapter 9 of the Bankruptcy Code. This is the same set of provisions under which Detroit, Michigan and Stockton, California sought relief. But because many states restrict access to chapter 9 entirely, access to the bankruptcy courts may be completely unavailable for public institutions of higher education in those states
Protection by Law, Repression by Law: Bringing Labor Back Into the Study of Law and Social Movements
Get PDFWithin the rich, interdisciplinary literature on law and social movements, scholarly attention has often focused on how the civil rights movement, and other movements that share a resemblance to it, have mobilized law; less attention has been paid to the labor movement’s experience of being regulated by law. In this Article, we ask how refocusing on the experiences of labor unions regulated by law complicates understandings of how movements shape law, and law shapes movements, in turn. To explore the relationship between labor and law at a critical historical juncture, we delve into the largely unexplored legal history of the first major damages judgment against a labor union under the Taft-Hartley amendments to the National Labor Relations Act. Decided as the New Deal era gave way to the “rights revolution” of the 1950s and 1960s, this case dramatizes the costs of the labor movement’s distinct regulatory framework. Law helped institutionalize unions—to give them autonomy, power, and legitimacy. At the same time, it subjected them to an increasingly restrictive regulatory scheme that made it harder for them to act—or to be seen—as a social movement. Refocusing on labor re-centers the role of law in constructing the jurisprudential boundaries which channeled social movement activity throughout the twentieth century. As social movements today challenge these boundaries in order to assert more intersectional grievances, interrogating taken-for-granted notions about law and movements could not be more important
Regulating Robocalls and Modern Debt Practices--Examining Governmental Responses and Their First Amendment Implications
Get PDFThis Comment will provide background information on the steps that Congress and federal agencies have taken to try to solve the issues surrounding robocalls and fair debt collection practices, specifically examining the Fair Debt Collection Practices Act (FDCPA), the Federal Communication Commission’s declaratory rulings on call blocking, the Consumer Financial Protection Bureau’s notice of proposed rulemaking, the Telephone Consumer Protection Act (TCPA), and the Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (TRACED Act). This Comment will examine the provisions and shortcomings of these statutes and regulations. Two notable shortcomings include the FCC employing over-broad standards to detect fraudulent calls and pre-emptively blocking those calls from reaching consumers, as well as the Fair Debt Collection Practices Act allowing consumers to cease all communications with debt collectors
The IMF Must Develop Best Practices Before Government-Backed Cryptocurrencies Destabilize the International Monetary System
Get PDFCentral banks are flocking to government-backed cryptocurrency, taking full advantage of the media attention brought to Bitcoin and other digital currency. However, while government-backed cryptocurrency avoids some pitfalls presented by private cryptocurrencies, other problems are less easily sidestepped. And government-backed cryptocurrencies, if widely adopted, could present issues to the stability of the international monetary system. These problems must be addressed, and not only as they arise. Unfortunately, national and international governments have shown no real ability to deal with troubles arising from private cryptocurrency. The government-backing of such digital currency changes the calculus, permitting a new entity to deal with these problems. The International Monetary Fund (IMF) is the best organization to deal with the issues. This Note submits that the IMF should act quickly to take pre-emptive measures and develop a system of best practices for dealing with government-backed cryptocurrency in pursuance of ensuring a stable international monetary system
Not Your Father\u27s Marketplace of Ideas: Hate Speech and the Fraudulent Marketplace of Ideas Created by Social Media
Get PDFFreedom of speech jurisprudence in the United States and Germany is strikingly similar despite resulting in opposing views on the government’s ability to regulate and curtail white supremacist, Nazi-related, and extreme right-wing hate speech on the internet and social media. Recently, however, the Supreme Court has begun to open the door to the possibility of regulation when the speech constitutes a true threat. While still a higher standard to prove than that of Germany, it is now within Congress’s purview to regulate white supremacist, Nazi-related, and extreme right-wing hate speech as these ideologies proliferate and continue to hurt both citizens of the United States and people around the world
Beyond Equality and Discrimination
Get PDFThe theme of this Article for the SMU Law Review Forum focuses us on the challenges faced by the “economically disadvantaged” in the past decade and in the future. This framing is rooted in a distinction between that conceptual status of equality and the actuality of discrimination and disadvantage. This is the lens through which contemporary legal culture tends to assess the nature and effect of existing laws and determines the necessary direction of reform. As such, this paradigm provides the governing logic for both criticism and justification of the status quo. It is rooted in an understanding of the significance of the human being and a belief in their fundamental parity under law that also asserts the inherent value of individual liberty and autonomy, and thus is skeptical of state intervention into the “private” sphere of life
Setting the Table: An Introduction to the Jurisprudence of Rabbi Yechiel Mikhel Epstein’s Arukh Hashulhan
Get PDFThis book explains the major jurisprudential factors driving the halakhic jurisprudence of Rabbi Yehiel Mikhel Epstein, twentieth-century author of the Arukh Hashulchan—the most comprehensive, seminal, and original modern restatement of Jewish law since Maimonides. Reasoning inductively from a broad review of hundreds of rulings from the Orach Chaim section of the Arukh Hashulchan, the book teases out and explicates ten core halakhic principles that animate Rabbi Epstein’s halakhic decision-making. Along the way, it compares the Arukh Hashulchan methodology to that of the Mishna Berura. This book will help any reader understand important methodological issues in both Jewish and general jurisprudence.https://scholarlycommons.law.emory.edu/cslr-books/1134/thumbnail.jp
Selecting an Investor-State Arbitration Mechanism for Disputes Arising Under China\u27s Belt and Road Initiative Projects
Get PDFChinese corporations have made extensive investment in areas such as central Asia, Southeast Asia and Africa under the Belt and Road Initiative projects. Due to the feature of the investment and the risks involved in the countries, it is important for the Chinese investors to choose the proper forum to resolve the investment disputes arise from the BRI projects. This Comment compares the three major investor-state arbitration institutions, including ICSID, UNCITRAL and CIETAC on various aspects. Due to the political influence, financial risk, convenient location and panel composition, the Comment proposes CIETAC to be the preferred institution for Chinese BRI investors
Pregnancy, Femicide, and the Indispensability of Legalizing Abortion: A Comparison Between Argentina and Ireland
Get PDFOn August 9, 2018, after 16 hours of deliberation, Argentina’s senate narrowly rejected the “Interrupción Voluntaria del Embarazo” bill that would have allowed women the right to terminate their pregnancy during the first 14 weeks. Argentine law currently considers abortion a crime with the exception of two narrowly defined circumstances that are rarely applied. The legalization of abortion is vitally important to the women in Argentina who face an increased risk of femicide. Femicide rates in Latin America are among the highest in the world. Femicide can be linked specifically to pregnant women who could not get an abortion and continued facing violence from the man involved in the pregnancy, which ultimately then resulted in their death. This Comment proposes that the legalization of abortion could potentially reduce the rates of femicide of pregnant women and can definitely reduce the amount of violence against women