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International Cooperation and Organizational Identities: The Evolution of the ASEAN Investment Regime
No full textThis article first conceptualizes the ASEAN Investment Regime (AIR) as an Interstate Cooperative Regime (ICR), defined as a stable interstate cooperative nexus on a particular regulative subject, comprising the regulation of foreign investment in this particular case. It then seeks to explain the evolution of AIR in terms of its identity formation. In doing so, this article employs three ideal types of cultural logic - Hobbesian, Lockean and Kantian - across each stage of AIR’s evolution, largely overlapping with the three main IR theories of neorealism, neoliberal institutionalism and constructivism, respectively. Using those models, we find a clear evolutionary pathway with the AIR following this sequential trajectory as it has transitioned towards a closer, regional investment community. This article nonetheless concludes that AIR’s organizational development has not always been linear and that one can detect sovereigntist regressionism in certain areas
Creating Precedents Through Words and Deeds
No full textBook review: Untrodden ground: how presidents interpret the Constitution. By Harold H. Bruff. Chicago: University of Chicago Press, 2015. 557 pages. Reviewed by Harold J. Kren
Campus Misconduct, Sexual Harm and Appropriate Process: The Essential Sexuality of It All
No full textSelling the Footlong Short: How Consumers Inch Toward Satisfaction in Costly Food Class Action Litigation
Get PDFFood and beverage class action litigation has increased tremendously over the last five years. While many have ridiculed these lawsuits as ploys to extort money from wealthy food producers, plaintiff consumers maintain that the surge of food litigation suits evidence their growing desire for transparency. Many food-based class actions allege companies are purposefully deceiving consumers with misleading marketing campaigns. Defendants argue that a reasonable consumer should know better than to take their advertising at face value. Even still, defendants are often eager to resolve conflicts without admitting liability and, in turn, rush to settle the matter. Courts are then faced with such issues as class certification or whether to accept or reject a potential settlement. Even more challenging is determining whether a settlement provides a meaningful benefit to the entire class. When courts, however, determine that class members will receive only minor injunctive relief, while class counsel secures grand fee awards, settlements are often denied. Unfortunately, these decisions essentially leave potential plaintiffs without a viable alternative to recovery. Additionally, it allows food producers to continue with misleading marketing practices because consumers cannot hold them accountable
Romantic Discrimination and Children
Get PDFIn recent years, social scientists have used online dating sites to study the role of race in the dating and marriage market. This research has revealed a racialized and gendered hierarchy that disproportionately excludes African-Americans and Asian-American men. For decades, other researchers have studied the risks and outcomes for children who are raised in single-parent homes as compared to children raised by married parents.
Drawing on these studies, this Essay explores how racial preferences in the dating and marriage market potentially disadvantage the children of middle-class African-American women who lack or reject opportunities to intermarry relative to children of married parents. Specifically, it examines the relationship between racial preferences in the dating and marriage market and children’s access to economic resources and educational opportunities. It sketches the law’s role in shaping individuals’ romantic preferences, and argues that the state has an interest in providing children affected by racial preferences with similar access to opportunities as children not so affected. It proposes that the state support all families regardless of family form—married, divorced, blended, cohabitating, or single parent—and that it abolish policies and initiatives that signal state preference for marital families
Parents, Babies, and More Parents
Get PDFThis Article makes two basic points. First, the three-parent family is here. Once states accept that parenthood does not depend on either biology or marriage, then three parents are inevitable unless the states go out of their way to rule that adults who otherwise meet their definitions of parenthood will not be recognized. Second, as three-parent family recognition increases, there are difficult questions on how to manage the status of each parent. This difficulty arises because the two major trends in the family law—the recognition of a multiplicity of family forms and the insistence on parental equality—are on a collision course.
Accordingly, in the Article, we first address how the various frameworks for legal parenthood are consistent with recognition of more than two parents, how existing law is moving toward such recognition, and how marriage equality is likely to increase the pressure to acknowledge a variety of alternative family arrangements. Second, we review the existing cases and statutes that have fostered recognition of more than two parents, and document the failure to develop understandings about what such recognition entails when it comes to raising a child. Third, we discuss the problems that would arise if the courts were to try to recognize multiple adults as parents and accord them equal standing in accordance with existing law. Finally, we argue that the solutions lie in a more flexible approach that permits recognition of a primary caretaker principle in those cases with more than two adults who function as parents
When Copyright is Not Enough: Deconstructing Why, as the Modern Music Industry Takes, Musicians Continue to Make
Get PDFVol. 33, No. 3
Get PDFPolice Body Cameras: Do Illinois Public Employers Have a Duty to Bargain over Their Use?, by James Powers
Recent Developmentshttps://scholarship.kentlaw.iit.edu/iperr/1101/thumbnail.jp