bluuebunny/crossref_metadata_2025 huggingface dataset:
Property Theory of Corporate Law
Authors: Anderson IV Robert
Published: May 2021

The dominant view of the corporation in legal scholarship is contractarian, one that sees the corporation as a “nexus of contracts” among the various suppliers of inputs to the business, such as investors, creditors, and employees. According to this view, the holders of common stock—those who are traditionally the primary focus of corporate law—are not the owners of the corporation, but just one of many contractual claimants. As a result, the corporation is a free-floating nexus of contracts with no property interests in the corporation itself or its assets. Thus, corporate law is seen as essentially a specialized branch of contract law. The contractarian metaphor has largely persuaded the academy and much of the corporate law bench, evidenced by the regularity in which Delaware courts interpret charter documents as “contracts.” Courts and commentators alike regard corporate law as essentially a set of “off-the-rack” contractual default rules provided by the state. Yet the contractarian metaphor has struggled to account for some of the most fundamental features of corporate law. For example, the nexus of contracts view fails to adequately explain why fiduciary duties attach uniquely to shareholders and not to other contractual claimants on the corporation. Equally important, the nexus of contracts approach also fails to account for the many in rem features of the corporation that contract law could not easily replicate. There is a piece missing in the contractarian account of the corporation. This Article argues that property law provides the missing piece of the contractarian puzzle in demarcating the boundaries of corporate law and explaining the distinctive features of it. In the property theory, the corporation is an ownership structure—a device for turning a messy set of in personam claims into an orderly package of in rem property rights, called “shares.” The in rem structure depersonalizes these rights, allowing them to be divided and transferred without contractual assent and without entangling the personal attributes of the holder. The key to the proprietary nature of this ownership interest is the residual control—voting rights—that solidify the status of common stock as a property interest rather than a contractual interest. The property theory’s assertion that claims on the corporation are a mix of property and contract rights provides traction in otherwise slippery areas of corporate law. If there is a line to be drawn between contract and property, this dividing line identifies the boundaries of distinctively corporate law from contract law. Accordingly, the rationale for shareholder-only fiduciary duties is not primarily that shareholders are the residual claimants in the economic sense, but that they have a residual control right constituting an ownership interest unique among corporate claimants. The property theory of corporate law best explains many features of corporate law and clarifies otherwise murky line drawing exercises in defining the scope of fiduciary duties.
Finality, Fairness, And Consistency
Authors: Connery Andrew
Published: May 2021

A unique feature of the ICSID framework is the built-in control mechanism that allows parties to seek annulment of an otherwise final award via Article 52 of the Convention. Unlike arbitration in other contexts, this mechanism is the exclusive means for review of an ICSID award. While scholars and practitioners regard this as one of the most innovative features of the ICSID regime, many of the grounds for annulment remain underdeveloped. In particular, annulment committees have applied the “serious departure from a fundamental rule of pro- cedure” ground inconsistently.

Especially because challenges to arbitrators can occur dur- ing the appointment phase, during the arbitration itself, or during annulment proceedings, the proper standard for deter- mining bias remains convoluted. Accordingly, this Note exam- ines how different approaches to assessing arbitrator bias un- fold in annulment proceedings applying the “fundamental rule of procedure” ground. It argues that these differences have con- tributed to a greater number of unpredictable outcomes, under- mining a central purpose of ICSID. Two recent decisions—the Azurix and EDF annulments—highlight the divergent ap- proaches ad hoc committees have taken in addressing allegations of bias. This Note concludes by identifying the EDF approach as the most appropriate standard of review and dis- cusses possible routes for resolving differences in ICSID annul- ment decisions.
Presidential Pendulums in Finance
Authors: Parajon Skinner Christina
Published: May 2021

While administrative law formally requires that financial regulation derive from notice-and-comment rulemaking, Presidents of the past two administrations have made novel use of an array of executive branch tools to effectively regulate and deregulate the financial services industry. This Article claims that such a shift away from formal administrative law rule-making processes toward presidentially driven deregulation has implications for the overall stability of the financial system. Specifically, this Article suggests that a President’s ability to unilaterally and informally deregulate (and, by extension, regulate) the financial sector can make regulatory cycles more frequent. In turn, the financial cycle may become shorter, steeper, and more severe. If Presidents push and pull on the financial sector, the pendulum of economic activity can swing sharper and faster than it has before—with accompanying repercussions for businesses and households in the real economy.
What To Expect When You’re No Longer Expecting: How States Use Concealment and Abuse of a Corpse Statutes Against Women
Authors: Chandra Nisha
Published: May 2021

Since the 1690s, women in the United States have been arrested and punished for experiencing miscarriages and stillbirths—pregnancy outcomes that are completely normal. This practice continues to the modern day, where prosecutors charge women with concealing a birth, concealing a death, or abuse of a corpse for the actions they take after experiencing pregnancy loss. This Note argues that these statutes were originally enacted to punish women who had sex outside of marriage and are now being used to control women, mostly women of color and poor women, for not adhering to society’s idealized vision of femininity and motherhood. The use of these statutes advances notions of fetal personhood and will ultimately have a chilling effect on the availability of abortion through telemedicine. The Note suggests that while repealing these laws would help, the best solution is to approach the issue through a reproductive justice lens—namely, increasing the availability of education and medical services for women.
INTER-NATION EQUITY REVISITED
Authors: Ozai Ivan
Published: May 2021

States are on the verge of a new form of global competition. Some have taken unilateral measures to tax multinational profits that they would typically not be able to tax, at least not according to conventional international tax concepts and rules. Others have threatened to retaliate with economic countermeasures to protect their tax base and corporate residents. The recent attempt of the OECD to build consensus for a global tax compact has so far proven unsuccessful due to broad disagreement about how taxing rights should be equitably distributed between countries.

As policymakers and tax scholars increasingly call into question long-standing theories of international taxation, the concept of inter-nation equity plays a pivotal role as a guiding principle in determining how to divide the international tax base among states. Inter-nation equity is one of the most ubiquitous concepts appearing in international tax policy discussions and yet one of the most understudied in tax scholarship.

This Article introduces a comprehensive normative analysis of inter-nation equity by discussing how the concept should reconcile the two primary goals of international allocation of taxing rights: on the one hand, the concern of states to preserve their tax sovereignty and, on the other hand, the need to promote some degree of redistribution to address the challenges of global poverty and inequality. This Article further explains how a similar notion of inter-nation equity has developed in other areas of international law and discusses some practical implications for tax policy design.
UNIFORM INTERNATIONAL TAX COLLECTION AND DISTRIBUTION FOR GLOBAL DEVELOPMENT, A UTOPIAN BEPS ALTERNATIVE
Authors: Ordower Henry
Published: May 2021

Under the guise of compelling multinational enterprises (MNEs) to pay their fair share of income taxes, the OECD and other multinational agencies have introduced proposals to prevent MNEs from eroding the income tax base of developed economies by continuing to shift income artificially to low or zero tax jurisdictions.  Some of the proposals have garnered substantial multinational support, including recent support from the new U.S. presidential administration for a global minimum tax.  This Article reviews many of those international proposals.  The proposals tend to concentrate the incremental tax revenue from the prevention of base erosion into the treasuries of the developed economies although the minimum tax proposal known as GloBE encourages low tax countries to adopt the minimum rate.  The likelihood that and zero tax countries will transition successfully to imposing the minimum tax seems uncertain.

Developed economies lack a compelling moral claim to incremental revenue so this Article argues that collecting a fair tax from MNEs and other taxpayers should be a goal that is independent of claims on that revenue.  The Article maintains that to prevent tax base erosion, the income tax base and administration must be uniform across national borders and the Article recommends applying uniform rules administered by international taxing agency.  The Article explores the convergence of tax rules under such an international taxing agency.

Distribution of tax revenue by the international agency should follow contextualized need.  In addressing the conundrum of absolute poverty in the undeveloped and developing world vis á vis relative poverty in the developed world, the Article proposes that the taxing agency should distribute all incremental revenue from the uniform tax where the need is greatest to ameliorate absolute poverty and improve living standards without regard to income source.  The location of income production, destination of the produced goods and services generating the income, and residence of the income producers should not determine the tax revenue distribution.  Rather, the use of contextualized need for distribution determination will enable developed economies to receive sufficient revenue to maintain their existing infrastructures and governmental services.  Developed economies should forego new revenue, for which they have not budgeted, in favor of improving worldwide living conditions for all.  The proposals for uniform, worldwide taxation and revenue sharing based on contextualized need are admittedly aspirational and utopian but designed to encourage debate on sharing of resources in our increasingly globalized world.
Sykes, Jim. 2018. The Musical Gift: Sonic Generosity in Post-War Sri Lanka. Oxford: Oxford University Press.
Authors: Singh Davindar
Published: May 2021

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Song Form and the Mainstreaming of Hip-Hop Music
Authors: Duinker Ben
Published: May 2021

Song form in North American hip-hop music has evolved along the genre’s journey from its origins as a live musical practice, through its commercial ascent in the 1980s and 1990s, to its dominance of mainstream popular music in the 21st century. This paper explores the nature and evolution of song form in hip-hop music and uses them as a musical lens to view the gradual and ongoing mainstreaming of this genre.
With the help of a corpus of 160 hip-hop songs released since 1979, I describe and unpack section types common to hip-hop music­—verses, hooks, and instrumentals—illustrating how these sections combine in different formal paradigms, such as strophic and verse-hook. I evaluate the extent to which formal structures in hip-hop music can be understood as products of the genre’s live performance culture; one with roots in African American oral vernacular traditions such as toasting. Finally, I discuss how form in hip-hop music has increasingly foregrounded the hook (chorus): the emergence of the verse-hook song form, an increase in sung hooks (often by singers outside the hip-hop genre), the earlier arrival of hook sections in songs, and the greater share of a song’s duration occupied by hooks. Viewing hip-hop music’s evolution through this increasing importance of the hook provides a clear representation of the genre’s roots outside of, and assimilation into, mainstream popular music; one of many Black musical genres to have traversed this path (George, 1988).
Redmond, Shana. 2020. Everything Man: The Form and Function of Paul Robeson. Durham, NC: Duke University Press
Authors: Hogg Aldwyn
Published: May 2021

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De Assis, Paulo. 2018. Logic of Experimentation: Rethinking Music Performance Through Artistic Research. Leuven: Leuven University Press.
Authors: Windleburn Maurice
Published: May 2021

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Unfit for Subjection: Mental Illness, Mental Health, and the University Undercommons
Authors: Hankins Sarah
Published: May 2021

This colloquy, by graduate-student-led collective Project Spectrum, attempts to map out existing discussions around inclusion and equity in music academia, with a specific focus on identifying and analyzing the structures in academia that work against minoritized and historically excluded scholars. 

Sarah Hankins shares thoughts on mental illness, arguing that it is a gap in our discourse. Hankins asks us to bear witness to experiences of those who boldly declare that they are “unfit” for the pipeline—“unfit” to survive the pipeline, to have access to the pipeline, and for the so-called promises at the end of the pipeline. Following the work of Black studies, queer of color critique, Black radicalism, Afropessimism, and especially the writings of Stefano Harney and Fred Moten, Hankins’s intervention in this colloquy demands pause in academia’s system of perpetual motion.
Editor's Note
Authors: Blackmore Callum
Published: May 2021

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The Testimonios of System-Impacted Daughters of Color on Healing from Parental Incarceration
Authors: Monreal Angie Belen
Published: May 2021

1 in every 25 children in the United States currently has a parent incarcerated in jail or prison. Black and Latinx children make up the majority of this population, as their parents are overrepresented in local jails and state and federal prisons. Parental incarceration affects a child’s behavior, emotional and mental health, social interaction, and financial stability. Daughters of incarcerated parents are particularly affected. This research investigates testimonios (testimonies), a narrative form of counter-storytelling, as a tool to address the traumatic effect of parental incarceration on female children of color. Testimonios give a person agency and allow them to share their unique and nuanced experiences in detail. In-depth interviews demonstrated that testimonios can be an effective healing tool for women who have been impacted by parental incarceration and can improve social service organizations directed towards families affected by incarceration. Testimonios provided space in which daughters of incarcerated parents were able to express their emotions and make sense of their experiences. The interviews also revealed shared themes in the experiences of multiple interviewees.
Violence Against Indigenous Women in the United States: A Policy Analysis
Authors: Benjamin Annie , Gillette Elizabeth D.
Published: May 2021

Disproportionate levels of violence, disappearance, and murder are endemic among Indigenous women in the United States (U.S.). The prevalence of such violence has persisted for centuries, with little direct action taken to elevate the issue, protect Indigenous women, and hold individual and systemic perpetrators accountable. As a result, Indigenous women in the U.S. face various forms of violence at 2.5 times the rate of non-Indigenous women, with murder being the third leading cause of death. A staggering 94% of Indigenous women experience sexual violence in their lifetime (Urban Health Institute, 2019).
Through an analysis of existing and new legislation aimed at addressing the issue of violence against Indigenous women, we reveal the ways in which policies have fallen critically short of achieving this mission, highlight the strengths of recently enacted legislation, and provide recommendations for implementation in order to truly prevent violence, and therefore to protect and empower Indigenous women.
Healthcare Policy: Federally Mandated Insurance Coverage for Infertility Treatment
Authors: Goldwire Tutt Tanesha
Published: May 2021

Approximately 15% of couples in the United States (U.S.) suffer from infertility. Existing infertility treatments and alternate paths to parenthood, such as adoption, are available but financially inaccessible and require self-payment. Although organizations such as the American Medical Association (AMA) and World Health Organization (WHO) classify infertility as a disease, the U.S. has not federally mandated insurance coverage for infertility. Currently, only 15 states require insurance companies to offer some type of fertility benefit and these requirements vary across states. 
This paper discusses the need to federally mandate insurance coverage for infertility in the U.S. Infertility not only causes devastating outcomes for individual families, but affects nearly all demographics across the world. However, national legislation on infertility coverage continues to fail the many couples who suffer from this condition. The paper concludes with implications for social work practice and recommends ways social workers can support this policy movement. Social workers have an ethical duty  not only to address clients’ mental and emotional needs, but also to be at the frontlines of policy and to advocate for federal insurance coverage for clients who desperately want to realize their dream of conceiving a child.
Fair Use Quotation Licenses: A Private Sector Solution To DMCA Takedown Abuse on YouTube
Authors: Chung Timothy S.
Published: May 2021

Part I of this Note covers the history of the fair use doctrine and its interplay with the DMCA, specifically within the context of video-hosting platforms likeYouTube, and examines how recent case law developments concerning the DMCA have fostered an environment that is ripe for abuse. Part II then argues that most content creators on YouTube have little to no recourse if their fair use creations are flagged as infringing content by right holders who request DMCA takedowns. Specifically, YouTube’s copyright policies and the excessive costs of litigation disincentivize users from fighting DMCA takedowns or pursuing legal actions to counteract bad faith behavior. As a consequence, the fair use defense is inaccessible to most YouTube content creators. Finally, Part III proposes the implementation of a quotation licensing scheme as one option to mitigate DMCA takedown abuse on YouTube. In recognizing the value of fair use for incentivizing creation, this scheme would contractually carve out a small exception to infringement, permitting limited appropriation of fellow users’ content on YouTube.
Setting the Edge: How the NCAA Can Defend Amateurism by Allowing Third-Party Compensation
Authors: Feiner Benjamin
Published: May 2021

Part I of this Note describes the NCAA’s formation and its contemporary model. It also discusses the antitrust and labor law challenges the NCAA has faced inlitigation over its existing approach. Part II explores the twin challenges posed by the Fair Pay to Play Act, which cannot be sufficiently addressed through a unilateral NCAA response. The first challenge is the inconsistency in state laws, which undermines any NCAA response that seeks to impose a uniform set of rules across the country. The second is that the Fair Pay to Play Act fails to address existing legal challenges to the NCAA’s amateur model. Therefore, even if the NCAA accepts a change in the status quo, it misses an opportunity to address the increasingly uncertain broader legal status of its restrictions on college athlete compensation.

In response to these challenges, Part III contends that the NCAA should more urgently pursue a comprehensive federal legislative compromise that sacrificesrestrictions on NIL compensation in return for statutory protections from further labor and antitrust litigation. This type of federal legislation would have theadditional benefit of preempting state laws on the subject, thus maintaining a uniform system of rules. By losing the battle to win the war, the NCAA will be well positioned for continued viability in the coming decades
Moral Reflections on Strict Liability in Copyright
Authors: Goold Patrick R.
Published: May 2021

Accidental infringement of copyright is a pervasive and largely ignored problem. In the twenty-first century, it has become increasingly easy to infringe copyright unintentionally. When such accidental infringement occurs, copyright law holds the user strictly liable. Prior literature has questioned whether the strict liability standard is normatively defensible. In particular, prior literature has asked whether the strict liability standard ought to be reformed for economic reasons.

This Article examines the accidental infringement problem from a new perspective. It considers whether it is fair to hold copyright users strictly liable for accidental infringements of copyright. This Article argues that the strict liability standard is not fair because it results in copyright users being held liable for accidents for which they are not morally responsible. Using the moral philosophy literature on responsibility, this Article explores our intuitions surrounding copyright’s liability standard in order to better understand why strict liability in this context seems “harsh” and “inequitable.” In turn, this provides an argument for reforming copyright’s liability rule and adopting a negligence standard. This Article then argues that, within the United States, the proposed reform to copyright’s liability rule should be accomplished by modifications to the existing fair use doctrine.
The Past, Present, and Future of the Restatement of Copyright
Authors: Balganesh Shyamkrishna , Ginsburg Jane C.
Published: May 2021

It is now six years since the American Law Institute (ALI) began work on its first ever Restatement of an area dominated by a federal statute: copyright law. To say that the Restatement of the Law, Copyright (hereinafter “Restatement”) has been controversial would be a gross understatement. Even in its inception, the ALI identified the project as an outlier, noting that it was likely to be seen as an “odd project” since copyright “is governed by a detailed federal statute.”1 Neither the oddity nor the novelty of the project, however, caused the ALI to slow its efforts to push the project forward, and despite the persistence of serious objections from within the membership of the project (including many of the project’s Advisers), the first draft of the Restatement is scheduled to go to a vote seeking adoption by the organization’s full membership in the middle of 2021.
Restating Copyright Law’s Originality Requirement
Authors: Hughes Justin
Published: May 2021

In 2015, the American Law Institute (ALI) launched a project to create a Restatement of the Law, Copyright.  Concern, objection, and disagreement about the ALI’s Restatement projects is not new, but the Restatement of Copyright project seems to be particularly controversial among industries dependent on copyright protection.  The drafting group has now worked through several versions of some proposed sections; a handful of these have been approved by the ALI Council and are ready to go before the ALI general membership. So now is a good time for close analysis of the chunks of the projects that have crystallized.

This Article reviews the 2020 draft Restatement’s presentation of American copyright law’s threshold requirement for protection: that copyright protects only “original works of authorship,” and how that “originality” requirement should be understood in light of the Supreme Court’s 1991 decision in Feist v. Rural Telephone.  Copyright’s originality requirement is a challenging subject for a Restatement because what is unquestionably agreed is that black letter law is  limited, formulaic, and opaque.  Not surprisingly, the Restatement’s handling of this topic hews close to the words of the Supreme Court’s modern pronouncement on the issue, sometimes to the detriment of a richer, potentially more enlightening discussion.

The discussion here is based principally on “Tentative Draft No. 1” of the Restatement, released on April 8, 2020,3 but the discussion will also include consideration of the earlier “Council Drafts”4 that led to the 2020 proposal.

Part I of the Article briefly describes the controversial beginnings of this Restatement project—and, as of 2021, the continuing animosity of copyright stakeholders to the project. Part II lays out the 2020 draft Restatement’s core provisions on copyright originality, the modest evolution of these provisions since the 2017 draft, and some concerns with what these sections, Comments, and Reporters’ Notes say. In broad strokes, the draft Restatement’s take on copyright originality is faithful to the Supreme Court’s 1991 Feist v. Rural Telephone decision, perhaps too much so. Part II.A explores the draft Restatement’s presentation of Feist’s “modicum of creativity” requirement, raising some issues both with what the Reporters have said so far and equally with what the draft Restatement seems unwilling to say about minimal creativity.  Part II.B discusses the draft Restatement’s presentation of Feist’s “independent creation” requirement; here the concern is that the draft may conflate independent creation with minimal creativity in a way that does not contribute to coherence in copyright law.
Restatement of the Law, Copyright: A Useful Resource for Practitioners and Courts or a Rashomon Exercise?
Authors: Schwartz Eric J.
Published: May 2021

As the Ninth Circuit succinctly observed, when deciphering copyright law, “[w]e begin, as always, with the text of the statute.”  An examination of any aspect of copyright law commences with the text of Title 17 of the United States Code (the “statute”), and then turns to case law for adjudications and interpretations of the relevant statutory text, or as the primary source of law in the gaps in the statute.  Everything else is secondary and not, of course, a substitute for the law, whether it is legislative history, Copyright Office (and other government agency) studies, treatises, or other commentary.

If copyright law consists predominantly of federal statute, how, if at all, will the American Law Institute (“ALI”) project to prepare a Restatement of the Law of Copyright (the “Restatement”) provide a useful or necessary resource for attorneys and the courts?  In the face of the primacy of the enacted statutory text, why undertake a project to recast and rephrase the law?  What, if any, use might it yield to practitioners and courts, and equally importantly, will consequential harms result?

From the inception of the Restatement project, the creative community has collectively viewed the project with skepticism about its necessity and fears about its purpose and biases, and the resultant impact on the livelihoods of creators.  This Response focuses on the practical uses, if any, of the Restatement for attorneys and courts grappling with copyright issues.  The Response also examines, from a practitioner’s point of view, the Restatement’s potential to harm the ecosystem of the copyright creative community, and the likelihood that the harm will outweigh any value the Restatement might bring to clarifying the law.
Between Code and Treatise: The Hard Challenge of the Restatement of Copyright
Authors: Liu Joseph P.
Published: May 2021

The proposed Restatement of Copyright raises a question that has been obvious to everyone from the very start of the project:  How do you restate an area of the law governed by a comprehensive federal statute? Restatements have, to date, focused near-exclusively on common law subjects.  The Reporters of other Restatements thus did not operate in the shadow of an authoritative uniform federal statute.  Instead, they faced an unruly and “ever-growing mass of decisions in the many different jurisdictions, state and federal, within the United States.”  From this mass of decisions, the Reporters derived the “black-letter law” and “restated” the law in a form resembling a code.  In doing so, reporters sought to bring order, clarity, and coherence to a body of law that lacked any other means of doing so.  But if this act of restating the law in the form of a code is a central feature of a Restatement, then how do you restate an area of law that already has a comprehensive code?  What is to be gained by essentially re-codifying the law?
Is There a New Extraterritoriality in Intellectual Property?
Authors: Holbrook Timothy R.
Published: May 2021

This Article is the first to comprehensively interrogate the impact of the Supreme Court’s recent interventions in extraterritoriality as it relates to the three historical forms of federal intellectual property: patent, copyright, and trademark. In this manner, it fills an important gap in the literature because most assessments of the presumption focus only on one area of law. Moreover, this Article offers a novel comparative assessment of the evolution of the presumption across the patent, copyright, and trademark regimes, offering both a descriptive account of the state and evolution of the law, as well as a normative assessment of whether the current state of the law best effectuates the policies that justify these forms of protection.

In reviewing the application of the Supreme Court’s recent jurisprudence in these three areas of intellectual property, the Article concludes that the Supreme Court’s effort to standardize the law of extraterritoriality has failed. Lower courts’ engagement with the presumption has been, at best, inconsistent. There are times where the courts simply ignore the Court’s recent cases, relying on previous cases and doctrine without pausing to reconsider whether those doctrines survive the Supreme Court’s latest changes to the law. The Article also concludes that this inconsistency cannot be justified based on the differing policies surrounding copyright, trademarks, and patents.

This Article proceeds as follows. Part I discusses the state of the law of extraterritoriality in copyright, trademark, and patent, as it stood before the Supreme Court’s recent intervention. This review demonstrates that all three disciplines were treating extraterritoriality very differently, and none were paying much attention to the presumption against extraterritoriality. Part II reviews a tetralogy of recent Supreme Court cases, describing the Court’s attempt to formalize its approach to extraterritoriality across all fields of law. Part III analyzes the state of IP law in the aftermath of this tetralogy of extraterritoriality cases. It concludes that there has been some impact on patent law, but virtually none on copyright or trademark. The Article assesses whether there is a new extraterritoriality for intellectual property and concludes that there is not: The Supreme Court’s efforts, at least in IP, have not led to greater coherence. While there may be reasons for the lower courts’ failure to follow the framework, it does represent a missed opportunity for cross fertilization, at least among intellectual property regimes, if not across all fields of law. It also offers a call for the consideration of comity—looking to foreign law and potential conflicts—in deciding whether to apply U.S. law extraterritorially.
Investor-State Dispute Settlement Reform: Reconsidering the Multilateral Investment Court in the Context of Disputes Involving Intellectual Property Law
Authors: Zhao Mary
Published: May 2021

On January 18, 2019, the European Commission submitted a proposal to the United Nations Commission on International Trade Law to establish a multilateral investment court for investor-state disputes. The European Commission’s proposal reflects growing discussions about the potential reform of the investor-state dispute settlement system. While the present work on reform options focuses on issues relating to the legitimacy of the investor-state dispute settlement system, the effects of the reform options on investor-state disputes that specifically involve intellectual property law remain to be examined.

This Article argues that although the proposed multilateral court structure offers a comprehensive approach to addressing the concerns with the investor-state dispute settlement system, it does not address a number of issues that are specific to disputes involving intellectual property law. This Article analyzes issues that arise from the arbitral tribunal’s role in investor-state disputes that involve laws governing intellectual property at the international and domestic levels. In doing so, this Article shows that these issues are distinct from the ones that broadly relate to the legitimacy of the investor-state dispute settlement system. In light of these issues, this Article proposes additional considerations for the multilateral investment court structure. Specifically, this Article proposes including expertise in the relevant international agreements as a selection criteria for adjudicators and giving deference to the host state’s courts in disputes that involve issues of domestic intellectual property law.
Preface to the 20th Anniversary Issue
Authors: Kim Peter
Published: May 2021

With our Spring 2021 volume, Studies in Applied Linguistics & TESOL (SALT) celebrates its twentieth anniversary. The journal was founded in 2001, originally called Working Papers in TESOL and Applied Linguistics. In the late 1990s, a young faculty member ZhaoHong Han joined the TESOL and Applied Linguistics Program at Teachers College. Inspired by a journal published by the University of Hawaii called Working Papers in ESL Studies -- one that evolved over time into a very influential outlet, Dr. Han wanted to create synergy among doctoral students across the three tracks of SLA, assessment and language use, offering them authentic editorial experience as well as a platform to publish their work-in-progress. The web journal was subsequently founded to be a place of incubation, a venue where students and scholars could experiment with ongoing ideas for their research and receive feedback from multiple perspectives. The journal grew to garner an international reputation over the years and changed its name to SALT in 2019.
Engaging with ELL Students in Their Personal Writing
Authors: Chung Esther
Published: May 2021

I am currently a student teacher at a charter school in Philadelphia, Pennsylvania. My class is a self-contained 7th and 8th grade ELL classroom, where the cooperating teacher (CT) teaches all content classes. In English Language Arts (ELA) this month, students were assigned to write a personal friendship story. Prior to writing, students were asked to fill out a graphic organizer with three columns: (1) My Friends, (2) Places I have Friends, and (3) Things I like to do with Friends.
Reaching Kinesthetic Learners Over Distance
Authors: Gorbenko Katherine M.
Published: May 2021

Erickson, a New York City high school student, and I were working on his algebra homework over Zoom, specifically parabolas. We broke down the motion of a basketball and compared it to a parabola. He happened to have a small hoop on the back of his door and when he tried the motion himself, it was clear something clicked. You see, Erickson is a kinesthetic learner. During the pandemic, it has been challenging to design interactive materials and lessons for different types of learners. Distance learning disproportionality favors visual learners, followed by aural; however, reaching our kinesthetic learners has been a challenge.
Are You There?
Authors: Sanford Kate
Published: May 2021

With or without cameras on, my students always feel out of reach to me. There is a screen--and a few boroughs, in some cases even states or countries--between us. I can’t tell how they’re feeling; I can’t watch their faces or their hands as they work on a piece for our writing class. The whole enterprise has started to feel epistolary. I am never sure if my recipient is going to respond, or if they’ve even received what I’ve sent them. I leave comments that may or may not be read. I send emails that sit in student inboxes, stacked between hundreds of others. In Zoom class, every question I ask feels like a million questions, and a gamble: Will you respond aloud, or will I see a response pop up in the chat? Do you need time to think? Is your internet slow? Are you there?
The Role of Theory in Empirical L2 Research on Task-Based Language Teaching for Young L2 Learners
Authors: Beccia Ashley
Published: May 2021

This forum will explore the extent to which theory has played a role in empirical research on Task-Based Language Teaching (TBLT) for young L2 learners and highlight opportunities that exist for future research. To begin, the most relevant theoretical entities to TBLT will be introduced. This theoretical background will set the stage for the subsequent section–– a review of three empirical studies on task-based learning with young L2 learners: Newton and Bui (2017), Zhu (2020), and Azkarai and Oliver (2019). Then, the three studies are discussed with regard to the role theory plays. Finally, some trends that come to light through the review of the studies are identified, and arguments are made vis-à-vis the need for more theory-driven, principled approaches to the empirical research on TBLT with children.
The Role of Theory in SLA Empirical Research on the Critical Period Hypothesis
Authors: Yi Paige
Published: May 2021

This paper sets out to peruse the role of various theories or more precisely, hypotheses invoked in SLA research by surveying three empirical studies pertaining to the critical period hypothesis in the SLA of phonetics and phonology. In particular, the three studies which will be reviewed in the next section are titled in chronological order as (1) A critical period for learning to pronounce foreign languages? (Flege, 1987); (2) Reexamining the critical period hypothesis: A case study of successful adult SLA in a naturalistic environment. (Ioup et al., 1994); (3) Ultimate attainment in L2 Phonology: The Critical Factors of Age, Motivation, and Instruction (Moyer, 1999).
Exploration of introducing a chlamydia screening programme to the Democratic People's Republic of Korea
Authors: Jones Gareth Mark , Kang Ye Jin
Published: May 2021

Chlamydia trachomatis is a common STI that is often asymptomatic, and can only be diagnosed through a screening test. Despite acute infection being asymtpoamtic, long term consequences of untreated CT infection can lead to infertility in men and women, increased risk of ectopic preganancy, and the economic burden of the long-term impacts far outweigh the cost of testing and treatment. Despite this, there is currently no concentrated CT screening programme in the DPRK, a region that is indicated to have high STI rates, including CT. Taking into account prevalency, the geopolitical situation of the DPRK, and the cost per positive test, this paper explores whether or not a CT screening programme would be cost-effective in the DPRK.
Utilization of Individual Birth Plan Among Women Attending Postnatal Clinic at Jaramogi Oginga Odinga Teaching and Referral Hospital, Kisumu Kenya
Authors: Nyang'au Isabella , Asweto Collins Otieno , Ouma Peter , Ouma James
Published: May 2021

Background: Kenya has a maternal mortality rate (MMR) of 362 women per 100,000, partly attributed to inadequate or lack of birth and emergency preparedness, including the individual birth plan. Moreover, a paucity of data on determinants of individual birth plan use hampers its promotion and utility against MMR. This study assessed the determinants of individual birth plan use among women attending the postnatal clinic at Jaramogi Oginga Odinga Teaching and Referral Hospital in Kisumu, Kenya.
Methods: Hospital-based survey was conducted among 354 expectant women between November 2018 and February 2019. Data were collected using questionnaires and a Focus Group Discussion guide. A Logistic regression model was also used to determine factors associated with IBP utilization, where only p-value's <0.05 were considered significant. Textual data were analyzed thematically using NVIVO.
Results: Most mothers (68.6%) had an individual birth plan. Determinants for having birth plans included client factors such as education, OR 8.93, p<0.001, occupation, OR=2.40, p=0.020, and parity, AOR=3.29, p=<0.034; knowledge of danger signs, AOR 8.1, p=0.001. Health facility factors included birth plan counseling, OR=3.45, p=0.013, emergency preparedness, OR=2.06, p=0.034, access to motorized transport such as a car, OR=3.8, p=0.035 or motorcycle, OR=2.7, p=0.006 and attending a clinic in a referral hospital, OR=5.8, p=0.003
Conclusion: This study has demonstrated most women utilize individual birth plans. However, they were ill-prepared for an emergency. Determinants of IBP use included client factors such as education level, employment status, parity, knowledge of danger signs, maternal attitude; and facility factors including counseling, attending a clinic in a referral hospital, the use of an automobile to reach the hospital, and hostility by the health care providers. Therefore, we recommend that prenatal counseling should emphasize emergency preparedness among pregnant women. There is a need to empower women through education and employment to enhance IBP utilization.
Mental Health Literacy, Stigma, and Access to Services among Young Adults in Tunisia
Authors: Eddahiri Sarra , Johnson Katherine
Published: May 2021

Background: There is limited research on mental health literacy and stigmatization attitudes towards mental illness in Tunisia, despite the increasing need for such research to better understand its complexity in a specific country context. Using an exploratory mixed-method approach this study attempted to assess the needs and perceptions about mental health within a population of Tunis-based young adults.

Methods: A sample of 80 participants completed an online survey on different aspects of mental health attitudes, mental illness literacy and stigma, with a subset of survey participants participating in one-on-one interviews.

Results: Survey results show that 77% of respondents completely agreed or somewhat agreed that they would like to learn more about mental health. This study also found that 68% of the sample reported a lack of accessibility to mental healthcare services resulting in 49% reporting their preference to search their symptoms on the internet instead of informing someone. Throughout the interviews phase, the main factors identified to have a crucial impact on young adults' choice to openly communicate feelings and thoughts with each other and to seek professional help are: culture, gender roles, sexual orientation, and family approval.

Conclusion: This study suggests a great desire among young adults to learn more about mental health, and highlights the cultural complexities regarding mental health stigmatization in Tunisia. It also highlights the need for culturally relevant approaches raising awareness about mental health.
Pediatric Resuscitation Education in the Age of COVID-19
Authors: Abelson Jesse , McNeil Mary Ann , Levinstein Leeore , Abelson Samuel
Published: May 2021

Despite improving medical care worldwide, vast healthcare disparities remain in low- and middle-income countries (LMIC). In Haiti, the under-5 mortality rate is more than double the rate of the Dominican Republic on the other side of the island. Through a partnership with St. Damien and Hospital Bernard Mevs in Port-Au-Prince, Haiti, and the Department of Emergency Medicine, University of Minnesota Medical School, healthcare providers have collaborated to improve pediatric emergency care and outcomes by teaching American Heart Association (AHA) courses in Haiti. Due to COVID-19, many global health initiatives, including through the University of Minnesota, have been postponed indefinitely. In efforts to continue working toward improved delivery of care, we sought to pilot a remote AHA Pediatric Advanced Life Support (PALS) course in Haiti. We delivered a complete AHA PALS course through videoconferencing, with participants engaging in hands-on procedures and simulations. We surveyed participants’ confidence in relevant skills and knowledge pre- and post-course. Results showed significantly improved ratings in 12 of the 18 surveyed items (p<0.05). Participant satisfaction in the video-based delivery of the course indicated that videoconferencing may be an effective method of course delivery. Videoconferencing shows promise as a successful tool to continue global health education.
Place, People & Diseases: The Association Between Geography & Diseases in Ghana
Authors: Dzordzormenyoh Michael , Asafo Divine Mawuli , Domeh Theresa
Published: May 2021

The nexus between geography and the health of humans is of interest to many scholars globally. However, this nexus is not fully examined in developing nations like Ghana as compared to developed nations. Therefore, this study examines this nexus in the Ledzokuku-Krowor municipality, a suburb of the Greater Accra region of Ghana using a means comparison approach. Malaria, diarrhea, and intestinal worm related disease are common in the municipality and strongly supported by previous studies. However, hypertension and rheumatism are two diseases that are on the rise in the municipality which are not on the list of the diseases common in Ghana.
Letter From The Editors
Authors: Long Katherine , Zhang Harrison
Published: May 2021

This past year has been characterized by great uncertainty, turmoil, and profound loss due to the COVID-19 pandemic. No matter where in the world you are, there is no doubt in our minds that some aspect of your life has been altered. However, in some ways, the pandemic has also provided opportunities to showcase our human adaptability, resilience, and scientific innovation. The pandemic has also renewed focus on the vital roles that public health research and advocacy play in ensuring our collective wellbeing in society. Therefore, it has never been more important for our journal to continue our mission of relaying innovative solutions to interdisciplinary global health issues from a variety of academic, cultural, and geographic perspectives.