PERSECUTION ABROAD AS GROUNDS FOR WITHHOLDING DEPORTATION: THE STANDARD OF PROOF AND THE ROLE OF THE COURTS

The immigration laws of the United States have long recognized a policy against deporting a person who seeks refuge in the United States, when it appears that person would be subject to persecution following deportation. The Immigration Act of 1952 permitted the Immigration and Naturalization Service to withhold the deportation of any person who could Read More …

PASSPORT REVOCATION: A CRITICAL ANALYSIS OF HAIG V. AGEE AND THE POLICY TEST

Part I of this Note will discuss briefly the history of the Passport Act and of travel control statutes with an emphasis on the changing nature and purpose of passports. That section will also review a significant case, decided in 1955 in which the power of the Secretary to deny a passport was challenged. Part Read More …

OVERCOMING EMBEDDEDNESS: HOW CHINA’S JUDICIAL ACCOUNTABILITY REFORMS MAKE ITS JUDGES MORE AUTONOMOUS

Studies frequently report significant divergence between institutional arrangements promoting judicial independence and judges’ actual independent behavior, particularly in authoritarian or semi-authoritarian countries. Many believe that such divergence is especially likely in China, where the problem of judicial dependence is deeply embedded in local contexts and historical practices. Drawing on in-depth interviews with judges and lawyers Read More …

OUR NEIGHBOR’S KEEPER? THE UNITED STATES AND CANADA: COPING WITH TRANSBOUNDARY AIR POLLUTION

This Note will review the scientific research and evidence that support the existence of an acid rain phenomenon, and discuss the principles of international law that apply to a transboundary air pollution problem. The recognition and application of these legal principles to cases of interstate pollution and resource sharing in the United States will then Read More …

ONLINE PLATFORMS, AGENCY, AND COMPETITION LAW: MIND THE GAP

Many of the world’s most valuable companies adopt the online platform business model to bring together different groups of customers—suppliers and customers—seeking to transact with oneanother. This Article aims to establish the correct legal characterization of these platforms and the implications thereof for competition law purposes. To do so, it explores two related questions: first, Read More …

OFFSHORE FUNDS AND RULE 10B-5: AN INTERNATIONAL LAW APPROACH TO EXTRATERRITORIAL JURISDICTION UNDER THE SECURITIES EXCHANGE ACT OF 1934

This Note examines the extent to which the corporate mismanagement sphere of Rule 10b-5 may be applied extraterritorially to the internal regulation of offshore investment funds. Part I analyzes the policies behind the assertion of subject matter jurisdiction under international law and illustrates that the jurisdictional policies prescribed by international law do not support such Read More …

NUTS ABOUT NETZ: THE NETWORK ENFORCEMENT ACT AND FREEDOM OF EXPRESSION

In the wake of scandals about the radicalization of hate groups online, Germany passed the Network Enforcement Act (“NetzDG”) to prevent hate speech online. In the months after NetzDG went into effect, social media platforms began engaging in overcorrection of hate speech online. This includes censorship and a new commitment to adhering to the strictest Read More …

NEW YORK ARTISTS’ AUTHORSHIP RIGHTS ACT INCORPORATES EUROPEAN MORAL RIGHT DOCTRINE

This Article will review the doctrine of moral right, which acknowledges a continuing relationship between an author and his work, in Europe and the United States law that has been applied in similar fact situations. It will then assess both the California and New York statutes that grant rights similar to those of moral right, Read More …