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Affordable Housing Cooperatives as Shared Equity Homeownership: Part I – An Expanded View of Organizational Law and its Governance Dimensions
Scholars and advocates have emphasized affordable housing cooperatives as an important opportunity for shared equity homeownership. Yet, except for a few jurisdictions, these entities comprise a small share of the housing market. This article situates the limited presence of affordable housing…
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Addressing The Inadequacies of Defamation Law As a Method of Stopping Disinformation: The Possibilities of Post-Adjudication Injunctive Relief
Individuals harmed by weaponized disinformation possess only one avenue for legal recourse: bringing a defamation suit in civil court. Monetary damages are the standard remedy for the defamed, and while sufficient in some cases, plaintiffs may seek to use the legal system to stop the further spread…
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Jealously Guarded: The Right to Trial by Jury in Federal Court Under California’s Unruh Civil Rights Act
Since California adopted heightened pleading standards for high-frequency litigants alleging violations of the Unruh Act in state court, federal district courts have seen a surge of ADA and Unruh Act claims filed together to secure subject matter jurisdiction. Most courts dismissed the Unruh claims…
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The Power to Declare Peace
The Constitution gives Congress the power “to declare War.” The meaning of that grant of power is much debated, but its converse is much neglected: To whom does the Constitution assign the power to declare peace? This Article comprehensively examines the Constitution’s various assignments of the…
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Standing in the Shadows: Member Anonymity in Associational Standing Cases
Associational standing serves several benefits for plaintiff members: associations often have expertise in a certain field that guides the representation of their members, they have greater resources that allow them to bring lawsuits in the first place, and they can serve as the public face of the…
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Leveling the Playing Field: The Atlantic Coast Conference’s Settlement with Florida State University and Clemson University
This Article examines the legal disputes and subsequent settlement between the Atlantic Coast Conference and two of its prominent member institutions, Florida State University and Clemson University. The conflicts centered on the Atlantic Coast Conference’s extension of its media rights agreement…
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The Field of International Business Transactions Law
This Article studies the evolution of the scholarly subfield referred to as the law of “international business transactions” (IBT). It reviews data on academic articles, courses, textbooks and other signifiers of the growth of this research area. Beginning around 1960, scholars began to use the…
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Outbound Investment Restrictions and International Law’s Challenge
The Outbound Investment Rule, restricting U.S. investment in certain Chinese advanced technology sectors, has largely been portrayed as an incremental measure, a modest extension to fill loopholes in the existing investment screening regime. But while perhaps the logical next step in the…
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Resilient Dispute Resolution Systems for International Energy Conflicts
Energy-related conflicts are on the rise, spanning diverse issues such as the impacts of rare mineral mining on local communities, the impacts of sanctions on energy investments due to the Russia-Ukraine war, and the impacts of expanded subsidies on the electric vehicle and solar panel industries…
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Restricting Data Flows Is a Sign of Weakness
There has been a seismic shift in American attitudes toward the free flow of data across borders. In less than a decade, the United States has transitioned from condemning barriers to digital trade to constructing a digital fortress of its own. It passed legislation requiring TikTok’s parent…
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Navigating Compliance in a Geopolitical Era: The Case of Chinese Multinationals in the United States
This Article examines how Chinese multinational companies (MNCs) approach compliance in the United States amid deepening geo-political rivalry and intensified regulatory scrutiny. Drawing on original survey data, this Article maps variations in compliance structures, staffing, and governance…
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Product Nationality and Corporate Identity
Global supply chains have long depended on a deceptively technical device: the attribution of a “nationality” to goods. A trade law principle, rules of origin assign products an “economic passport” that governs how they are treated at the border, including what markets they may enter and which…
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Global Supply Chain Resilience in Emerging Technologies: A Case Study of Bitcoin Mining
The United States has put into motion bold plans in critical and emerging technologies to bolster its national and economic security. For example, the federal government created a national bitcoin strategic reserve and a stockpile of other cryptocurrency; while several states have committed to or…
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A Comparative Study of Chinese and American Approaches to Shaping International Outer Space Law and Norms
This article explores convergences and divergencies in the United States and PRC’s responses to the stalemate in the United Nations over the future of outer space resource governance. I do so by systematically analyzing these leading space-faring nations’ policy-positions and tactics deployed to…
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Kim Gyeong-seok and the Origins of Northeast Asia’s Corporate Accountability Movement for War and Colonialism
For the past three decades, a transnational reparations movement has unfolded across Northeast Asia. Hundreds of victims—assisted by attorneys, academics, and activists—seek remedies from Japan for various atrocities committed during World War II, colonialism, and other historical injustices. They…
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