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Category: Articles

Article

Toolkit or Tinderbox? When Legal Systems Interface Conflict

Christie S. Warren

Toolkit or Tinderbox? The collapse of justice might manifest metaphorically. For example, in November 1985, a guerrilla group frustrated by the government’s violation of a ceasefire stormed Colombia’s Palace of Justice and held all twenty-five of the nation’s Supreme Court justices—along with hundreds of civilians—hostage. In March 2017, more than thirty years later, judges and…

Oct 2021

Article

The Diffusion of the Sandbox Approach to Disruptive Innovation and Its Limitations

Chang-Hsien Tsai, Ching-Fu Lin & Han-Wei Liu

Faced with the challenges posed by disruptive technologies and innovations, many countries have adopted different regulatory approaches, institutional structures, and norms to maximize benefits and mitigate risks. Among such regulatory endeavors, the regulatory sandbox, first adopted by the United Kingdom in its financial sector, stands out as a prominent mechanism to strike a balance between…

Oct 2021

Article

Transitional Justice Cascades

Aleksandar Marsavelski & John Braithwaite

Despite the enormous development of international criminal justice after the Cold War, disappointment with it has never been greater. The International Criminal Court (ICC) faces criticism from all sides. The facts speak for themselves: in nearly twenty years, and having spent approximately €1.5 billion, the ICC secured only three core criminal convictions. At the same…

Oct 2021

Article

Judicial Legitimation in China

Benjamin Minhao Chen & Zhiyu Li

Courts have emerged as vital policymaking bodies of the People’s Republic of China. Chinese courts do not only adjudicate individual cases; they also operate as quasi-legislative bodies by promulgating interpretations on a wide range of fields and subjects. These judicial interpretations—issued in the absence of a live case or controversy— have come to acquire the…

Oct 2021

Article

Data Protection by Design? A Critique of Article 25 of the GDPR

Ari Ezra Waldman

Europe’s General Data Protection Regulation (GDPR) took effect on May 25, 2018. Article 25, titled, “Data Protection by Design and by Default,” purports to incorporate the concept of “privacy by design” into European data protection law. This Article challenges that common presumption. Although privacy by design is not a new doctrine, having been the subject…

Apr 2021

Article

Automation in Moderation

Hannah Bloch-Wehba

What is an AutoModerator? An AutoModerator is a bot designed to automate various moderation tasks that require little or no human judgement. It can watch the new/spam/comments/report queues of any subreddit it moderates and take actions on submissions and comments based on defined conditions. This includes approving or removing them . . . . It…

Apr 2021

Article

Corporations on Blockchain: Opportunities & Challenges

Alexandra Andhov

Blockchain technology has the potential to change the way corporations are managed and how they function. A system that offers greater decentralization and ability for shareholders to more actively and accurately engage in decision-making processes will be fundamental for modern corporate governance. We observe that shareholders in recent years have become more active and interested…

Apr 2021

Article

Comparing Consent to Cookies: A Case for Protecting Non-Use

Meg Leta Jones & Jenny Lee

During Mark Zuckerberg’s testimony before Congress in April 2018, eight different senators asked the Facebook CEO about European privacy rights and whether Americans should or would receive similar protections.[1]Facebook, Social Media Privacy, and the Use and Abuse of Data, U.S. Senate (Apr. 10, 2018), https://www.commerce.senate.gov/2018/4/facebook-social-media-privacyand-the-use-and-abuse-of-data … Continue reading The European Union’s General Data Protection Regulation (GDPR)[2]Council…

Apr 2021

Article

Data Privacy and Antitrust in Comparative Perspective

Salil K. Mehra

The current tension between the United States (U.S.) and the European Union (EU) competition law communities regarding online platforms is high and rising, particularly regarding Google and Facebook.[1]See generally John M. Newman, Antitrust in Zero-Price Markets: Foundations, 164 U. PA. L. REV. 149 (2015) [hereinafter Antitrust in Zero-Price Markets: Foundations].The higher scrutiny seen in the…

Mar 2021

Article

Water Wars and the U.N. Watercourses Convention: The Indo-Pak Story

By: Suchita Uppal and Zaid Wahidi

Oct 2020