Pages 480–509, https://doi.org/10.1093/ajcl/avac041
Described by the U.S. Attorney General as “kleptocracy at its worst,” 1MDB, a Malaysian state-owned company, was a vehicle for theft of billions by the former prime minister for nine years.
447–479, https://doi.org/10.1093/ajcl/avac043
This Article examines the right to be acknowledged as the first inventor of a new technology in patent law.
Pages 399-423, https://doi.org/10.1093/ajcl/avac037
The concept of rights stands at the very center of our legal universe. An imaginary alternative legal universe might have similar legal norms to ours, except that they are centered on the concept of duty.
Pages 364-398, https://doi.org/10.1093/ajcl/avac039
In an act of minor comparativism, this Article studies feminist writings on unmarried cohabitation from Canada’s jurisdictions of the common law and civil law.
Pages 318-368, https://doi.org/10.1093/ajcl/avac038
This is the Thirty-Fifth Annual Survey of American Choice-of-Law Cases. It was written at the request of the Association of American Law Schools Section on Conflict of Laws,1 and is intended as a service to fellow teachers and to students of conflicts law, both inside and outside the United States. Its purpose remains the same as it has been from the beginning: to inform, rather than to advocate.
Pages 275–317, https://doi.org/10.1093/ajcl/avac033
Prior to Vanuatu’s independence in 1980, in the absence of applicable joint regulations, French law applied to French citizens and English law applied to British citizens.
Pages 227–274, https://doi.org/10.1093/ajcl/avac036
Private MNCs that operate in developing host states through overseas subsidiaries are regularly accused of human rights and environmental violations.
Pages 222–226, https://doi.org/10.1093/ajcl/avac028
With the significant increase of the role of online platforms in today’s world, it is natural that attention is often focused on the role of these platforms.
Pages 449–477, https://doi.org/10.1093/ajcl/avac005
The European-based proportionality doctrine seems to be in vogue in American constitutional scholarship. Recently, the Harvard Law Review has devoted its Foreword by Jamal Greene, to this doctrine. In a provocative and bold article, titled “Rights as Trumps?,” Greene argued that proportionality analysis should be openly adopted in the United States as a more sophisticated and up-to-date doctrine than the rights-as-trumps categorical approach. Current constitutional adjudication, he contended, requires a nuanced and factually based analysis of the sort afforded by proportionality. We argue, contrary to this argument, that proportionality may not be the best doctrinal candidate in the United States, taking into consideration the populist shift in the United States. We wish to make a more general point about the use of proportionality in the new global age of populism. The rise of populism, and the increasing signs of democratic backsliding across the globe, require the employment of a more categorical approach that better serves the purpose of red lining and enhances the democratic process.
Pages 478–538, https://doi.org/10.1093/ajcl/avac004
What is the purpose of a corporation? This fundamental question is as old as corporate law itself, and traditionally it is asked with reference to the ultimate beneficiaries of a corporation’s activities. Modern management theory and the current technology-driven transformation of the economy, however, have breathed new life into the question about corporate purpose. Here, purpose is understood as an animated mission-purpose articulation of the reason for a corporation’s existence; an aspirational idea about its existence that has the capacity to bond internal and external stakeholders to the company, inspiring innovation, productivity, and customer loyalty. This understanding of corporate purpose offers a pathway to a more inclusive and interconnected form of modern capitalism.