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Ethical, legal, and social issues in the Earth BioGenome Project
(Frontiers Media, 2022-01-18)The Earth BioGenome Project (EBP) is an audacious endeavor to obtain whole-genome sequences of representatives from all eukaryotic species on Earth. In addition to the project’s technical and organizational challenges, it ... -
Labor Unions, Cartelization, and Arbitration: Replacing At-Will Employment With Arbitration of Employee Grievances
(Penn State Arbitration Law Review, 2020-12)This Article shows that while a significant amount of commercial arbitration occurred at each stage of U.S. history, labor arbitration was extremely rare until the 20th century, and remained uncommon until the New Deal of ... -
Paternalism or Gender-Neutrality?
(Connecticut Law Review, 2020-08)The strong and widely-accepted reasons for using gender-neutral language presumptively apply to the gendered word paternalism and its gender-neutral counterpart, parentalism. So this article’s thesis is that legal scholars ... -
Groundwater Management: The Movement Toward Local, Communityh-Based, Voluntary Programs
(Kansas Jounral of Law and Public Policy, 2019)Worldwide, groundwater aquifers are under stress. Conflicts abound.The U.S. Geological Survey (USGS) reports this to be true in the United States as well. For decades, American state governments facing the problem have ... -
Water Allocation Law and the Oil and Gas Industry in Kansas: An Update to the 1981 Neufeld Article
(Journal of the Kansas Bar Association, 2012)The Spring 1981 issue of the Journal of the Kansas Bar Association contained Eva Neufeld's article "The Kansas Water Appropriation Statutes and Their Effect Upon the Oil and Gas Industry in Kansas" (the 1981 Article).' We ... -
Interpreting Interpretation: Textual, Contextual, and Pragmatic Interpretative Methods fo International Trade Law
(Connecticut Journal of International Law, Vol. 35, No. 2, 2020, 2020-03)The conventional wisdom as to how the World Trade Organization (WTO) Appellate Body must interpret disputed terms in a treaty is incomplete, and even potentially misleading. The conventional wisdom says the Appellate ... -
The WTO's Under-Capacity to Deal with Global Over-Capacity
(Asian Journal of WTO & International Health Law and Policy, 2019-04)As evidenced by World Trade Organization (hereinafter “WTO”) reform proposals, efforts are underway to revise critical features of International Trade Law at the multilateral level. Such efforts are not in a vacuum. Rather, ... -
Two Dimensional Hard-Soft Law Theory and the Advancement of Women's and LGBTQ+ Rights Through Free Trade Agreements
(Georgia Journal of International and Comparative Law, 2019)What should free trade agreements (FTAs) say about gender, sexual orientation, and gender identity? No longer is “nothing” the only answer. The Comprehensive and Progressive Agreement for a Trans Pacific Partnership (CPTPP) ... -
Whose Burden Is It Anyway? Protecting ERISA from an Unnecessary Burden-Shifting Framework
(Kansas Law Review Inc., 2019) -
The WTO’s Under-Capacity To Deal With Global Over-Capacity
(AJWH, 2019-03)As evidenced by World Trade Organization (hereinafter “WTO”) reform proposals, efforts are underway to revise critical features of International Trade Law at the multilateral level. Such efforts are not in a vacuum. Rather, ... -
Lessons About NAFTA Renegotiations from Shakespeare's Othello: From the Three Amigos to America as Iago?
(Maryland Journal of International Law, 2018)The “Three Amigos” is a common characterization of relations among the North American countries, particularly since 1 January 1994 when the North American Free Trade Agreement (“NAFTA”) entered into force, superseding a ... -
Private Ordering and Commercial Arbitration: Lasting Lessons from Mentschikoff
(Journal of Dispute Resolution, 2019)“Private ordering” is an important concept and commonly-used phrase in legal scholarship. At least three “ordering” activities often performed by governments can be privatized: lawmaking, adjudication, and enforcement of ... -
A Short Defense of Southland, Casarotto, and other Long-Controversial Arbitration Decisions
(Loyola Consumer Law Review, 2018-06)Scalding criticism of Supreme Court arbitration decisions appeared in the 1990’s and is now widespread. Over twenty years ago, the Supreme Court held that pre-dispute arbitration clauses in adhesion contracts are generally ... -
The Centrist Case for Enforcing Adhesive Arbitration Agreements
(Harvard Negotiation Law Review, 2017-08)"The Politics of Arbitration Law and Centrist Proposals for Reform", 53 Harvard J. on Legislation 711 (2016), explained how issues surrounding consumer, and other adhesive, arbitration agreements became divisive along ... -
A Mediterranean Biome Eco-State: Reorienting sovereignty in the Mediterranean Basin and its four global correlatives
(Institute for Mediterranean Studies, Busan University of Foreign Studies, 2018)The Mediterranean Basin is the largest of five regions around the world that constitute, in aggregate, the Mediterranean Woodlands, Forests, and Scrub.Biome under a commonly-used global ecological classification system. ... -
Better to Give than to Receive: An Uncommon Commons in Synthetic Biology
(2017)The emerging scientific field of synthetic biology offers an array of technical and scientific approaches new to the biological sciences. In addition, the community of scientists leading synthetic biology tends to agree ... -
Book Review: India's Long Road - the Search for Prosperity, by Vijay Joshi, Oxford University Press, 2017, Isbn: 9780190610135, Pp. 347.
(Manchester Journal of International Economic Law, 2017)Well-travelled international law teachers, students, and practitioners know there are a few countries that defy mastery. Repeated trips to such countries across decades, and still the sense of wonder, indeed inscrutability, ... -
Liberating Sexual Harassment Law
(University of Michigan, School of Law, 2015-03-02)Sexual harassment law and the proposed solutions to that paradigm’s deficiencies teach a disheartening and peculiar lesson to women and gender performance minorities: “You may be disadvantaged at work because of your gender ... -
The Centrist Case Against Current (Conservative) Arbitration Law
(Florida Law Review, 2017-03-03)In The Politics of Arbitration Law and Centrist Proposals for Reform, I explained how issues surrounding consumer and other adhesive arbitration agreements became divisive along predictable political lines (progressives ... -
Exposing the Forgotten TPP Chapter: Chapter 17 as a Model for Future International Trade Disciplines on SOEs
(Manchester Journal of International Economic Law, Vol. 14, No. 1, 2017, 2017-04)American trade aficionados know what ‘TPP’ and ‘SOE’ stand for, but few of them know much about Chapter 17, which links these acronyms. American voters know of ‘TPP’ as an abbreviation, and of course ‘China’ as a noun, but ...