2018 Annual Volume THE PROBLEM OF PURELY PROCEDURAL PREEMPTION PRESENTED BY THE FEDERAL HEAR ACT

THE PROBLEM OF PURELY PROCEDURAL PREEMPTION PRESENTED BY THE FEDERAL HEAR ACT

Article by: William L. Charron 2018 PEPP. L. REV. 19 (2018) The underlying purpose of the Holocaust Expropriated Art Recovery Act of 2016 (the HEAR Act), which is to return Nazi-looted artwork to victims or their families, is undeniably laudable.  Restituting Nazi-looted artwork is and has been a moral objective of this country since the …

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2018 Annual Volume Ericsson, Inc. v. Regents of the University of Minnesota and a New Frontier for the Waiver by Litigation Conduct Doctrine

Ericsson, Inc. v. Regents of the University of Minnesota and a New Frontier for the Waiver by Litigation Conduct Doctrine

Article by: Jason Kornmehl 2018 PEPP. L. REV. 1 (2018) Eleventh Amendment sovereign immunity is one of the most confusing areas of constitutional law. The waiver by litigation conduct doctrine represents a particularly complex aspect of Eleventh Amendment immunity. Courts, for example, have not precisely defined the extent to which waiver in a prior proceeding might extend …

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Issue 3 - April 2019 Holding U.S. Corporations Accountable: Toward a Convergence of U.S. International Tax Policy and International Human Rights

Holding U.S. Corporations Accountable: Toward a Convergence of U.S. International Tax Policy and International Human Rights

Article by: Jacqueline LaĆ­nez Flanagan 45 PEPP. L. REV. 685 (2018) International human rights litigation underscores the inverse relationship between corporate power and corporate accountability, with recent Supreme Court decisions demonstrating increased judicial protections of corporate rights and decreased corporate accountability. This article explores these recent decisions through a tax justice framework and argues that …

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