8700 research outputs found
Sort by
Satellites & Hong Kong’s Independence: How the Trade of Commercial Satellites Impacts Democracy Abroad and National Security at Home
Get PDFTrade laws have always struck a balance between political freedom and national security. The trade of commercial communication satellites (“CCS”) between the United States and Hong Kong is no exception. Until recently, Hong Kong held a special trade designation that allowed it to purchase CCS from the United States. This exception from the strict ban on sales of certain advanced technologies to China was allowed due to Hong Kong’s semi-autonomous status. However, China’s continued encroachment on Hong Kong’s autonomy led the United States to strip Hong Kong of its special trade status and ban the free exchange of advanced technologies.
This note examines whether the decision to end Hong Kong’s special trade status will ultimately erode their political freedom. Additionally, this note argues that the United States’ strict ban on the sale of satellite technology will ultimately hurt its own national security interests. Therefore, the United States should maintain open trade with Hong Kong to ensure political freedom abroad and national security at home
We’ll Protect You! Oh, Wait, But Not You. Or You, You, or You: The Consequences of the Court’s Major Undertaking in Department of Homeland Security v. Thuraissigiam
Get PDFFor centuries, the writ of habeas corpus has been used to test the legality of restraints on a person’s freedom. The Founders, recognizing the significance of the protection, incorporated the writ into the Suspension Clause of our Constitution. In the last century, the Supreme Court has repeatedly held that noncitizens may invoke the Suspension Clause. Courts, especially in the immigration context, also expanded the definition of “in custody” for the purpose of habeas corpus to included non-detained persons in removal proceedings. The Supreme Court has departed from such precedent and gave new meaning to habeas corpus in the immigration context—a major undertaking with serious consequences for asylum seekers.This Comment analyzes the Supreme Court’s decision in Department of Homeland Security v. Thuraissigiam. It focuses on the Court’s departure from precedent to project new meaning onto habeas corpus in the immigration context. In critiquing such departure, the Comment discusses the erosion of asylum protections in the last twenty-five years. This Comment suggests that Congress must take action to rebuild asylum law
Good Corporate Governance Policies and Disclosure Mechanisms in Startup Companies
Get PDFIn the past decades, particularly following the collapse of huge corporation such as WorldCom and Enron due to dubious or illegal financial management, countries began gradually increasing the oversight of publicly traded companies with few jurisdictions conjuring recommended corporate governance codes (RCGC) to ensure sufficient oversight, reduce manager’s ability to loot their companies, and ensure that shareholders’ and stakeholders’ interests are monitored effectively by companies. While RCGC was intended namely for public company, several organizations called for the adoption of RCGC in startup companies. Startup companies suffer from various failures which the classic corporate laws are not equipped to address significant conflicts of interest throughout their financing process, interested parties’ transactions, and rapid change in ownership and board composition. Among the proposed solutions for such failures, as regulated in recent years for public companies, is the implementation of such RCGC. This article presents the fundamental issues in startups which call for adoption of RCGC: the principal-agent problem, numerous conflicts of interest and misalignment of interest between the founders and the investors (and amongst the investors) regarding the company’s management and future. This article reviews the possible application of RCGC doctrines to startups; with respect to empirical and economical researchers that examine the benefit of RCGC on the value of startups and reducing the cost of raising capital, and researches and position papers which call for the adoption of RCGC in startup companies. This article also analyzes the clashes between the startups need for flexibility with the benefits and importance of adoption of RCGC. Lastly, the article presents various RCGC models, which have not yet been introduces in academic papers, which can be adopted in startups, inter alia, increasing the number of outside directors (both as a casting vote in even of founders-investors dead-locks as well as an impartial mentor for the founders), adopting procedures for board meetings and increasing their frequency, and amending the controlling and management rights in the company as a factor of the expected return on investment
Publicly Traded Justice
Get PDFPrivate prisons, like hotels, are most profitable when they are at maximum occupancy and their guests stay for longer periods of time. Because the business-model for private prisons is predicated on incarceration rates dictated by public policy, one would presume that private prison corporations expend great resources to advocating for stricter criminal laws and sentencing. This note explores the role of political lobbying and campaign contributions of private prison corporations to see if a correlative relationship exists between their advocacy and stricter crime laws. Part I of the note provides a history of private prisons in America and explores the laws which lead to the explosive growth in prison populations. Part II will provide an overview of the three largest providers of private prisons and analyzes their political contributions. Part III discusses other business development strategies employed by private prison operators, outside of traditional political lobbying schema. Part IV discusses the present threat to private prison organizations and concludes that public outrage with the capitalization of incarceration, poses an existential threat to private prisons. While private prisons have expended significant resources in political lobbying, the greatest dividends were attributable to their involvement in the American Legislative Exchange Council, which allowed private prisons to draft legislation that produced demand for their services. Nevertheless, these legislative victories are unlikely to withstand the threat posed by widespread public frustration, which has limited these corporations’ access to the capital necessary to sustain their operations
Lessons for Today by the Deregulation of Yesteryear: Analyzing Modern Capital Market Deregulation with Historical Examples
Get PDFFinancial market regulators in the US have proposed cutting down their own rulebooks in recent years. However, when it comes to deregulating modern capital markets, the outcomes of historical alterations of similar natures should serve as lessons in what works and what doesn’t. This comment analyzes three modern-day proposals to deregulate US financial markets, using historical actions to argue for the likely efficacy of each
Divorcing Partners and Fighting Siblings: Using the Collaborative Law Model to Resolve Disputes in Family Businesses
Get PDFThis paper focuses on the ways that collaborative law can be used to resolve family business disputes. Such disputes can get ugly and leave families and businesses in shambles after years of fighting and even litigation. Such disputes can involve those between divorcing partners, parents and children, extended family members, and new and ex partners. Sometimes, these disputes cannot be resolved, forcing family members to sell all or part of the company. Moreover, when families try to resolve disputes through litigation, they end up spending a lot of money. Mediation is often used to resolve disputes in the family business context, but this note shows why collaborative law may be more suitable for resolving family business disputes. Collaborative law stems from the family law field, particularly in the divorce context. This form of alternative dispute resolution requires that parties share retained experts, disclose all facts related to the dispute, and be committed to a win–win resolution. Furthermore, collaborative law requires attorneys to be committed to settling the dispute, because if they do not settle and any party goes to court, the attorneys are contractually barred from representing the parties in the ensuing litigation. Family business disputes are emotional, and more than other sort of business dispute, saving the relationship is a common goal. Additionally, in a family business, no party truly wants to harm the other party (at least financially) because financial stability is crucial to the business’s success. Collaborative law lends itself to resolving family business disputes in several ways. Collaborative law focuses on maintaining relationships, which is often important for people’s professional and personal lives. Also, the use of shared experts helps to ensure that the business remains successful. Finally, collaborative law can save businesses time and money as the parties create a sustainable solution, hopefully without the need for further mediation or litigation. As collaborative law grows into areas outside of the divorce law realm, the legal community and collaborative law organizations should adapt to extend collaborative law to different kinds of legal disputes
Antonio Caballero: Conflicting U.S. Anti-Terrorism Law and U.S. International Bankruptcy Law
Get PDFAntonio Caballero sought retribution for his father’s kidnap and murder in the way Congress has made it possible: the American Court System. Caballero obtained a default monetary judgment against Colombian guerrilla forces, but as expected in collecting against a terrorist organization, it was an uphill battle. When finding attachable assets, Caballero must act fast, but in the present case, an international bankruptcy proceeding sought to thwart his legitimate efforts to satisfy his judgment. The question is: should Caballero win in “race to the courthouse” fashion, or does the international bankruptcy stay lead to an orderly distribution of assets? This note breaks down the merits of each argument, and ultimately offers likely solutions