Conversations on Vietnam Development
The Judges’ Book features excerpted scholarship from UC Hastings Faculty geared specifically towards judges, judicial business, and issues likely to come before American courts for resolution.
Introduction
David Faigman
Foreword
Marsha S. Berzon
Administrative Law: Historical Origins of America’s Administrative Exceptionalism
Reuel Schiller
Administrative Law: The Importance of Regional Administration to Federalism
Dave Owen
Bankruptcy: Activist Investors and Chapter 11
Jared A. Ellias
Civil Procedure: Certifying an Opt-In Class under Rule 23
Scott Dodson
Civil Procedure: How to Apply Diversity Jurisdiction in a Multiparty Case
Scott Dodson
Civil Procedure: Class Action Fee and Cost Awards
Morris Ratner
Criminal Law: Clarifying “Wrongfulness” in Insanity Cases
Kate E. Bloch and Jeffrey Gould
Evidence: Admissibility vs. Weight in Scientific Testimony
David Faigman
Federal Law Enforcement: Law Enforcement as Political Question
Zachary S. Price
Patent Law: Finding Space for State Authority to Regulate Patents
Robin Feldman
Patent Law: How Big Pharma Delays Generic Entry
Robin Feldman
Federal Tax Law: The Costs of Cliff Effects in the Internal Revenue Code
Manoj Viswanathan
Appendix: Notable Faculty Publications 2016
Tiếp tục đọc “The Judges’ Book”By Caitlin Hu, CNN
Updated 9:03 PM EDT, Fri March 17, 2023
ICC chief prosecutor reacts to Putin arrest warrant
The International Criminal Court’s chief prosecutor believes Russian President Vladimir Putin could stand trial for alleged crimes committed during Russia’s war in Ukraine, he told CNN on Friday, despite Moscow’s arguments that it is not subject to the court’s decisions.
In an interview with CNN’s Clarissa Ward, Chief Prosecutor Karim Khan pointed to historic trials of Nazi war criminals, former Yugoslavian President Slobodan Milošević, and former Liberian leader Charles Taylor, among others.
“All of them were mighty, powerful individuals and yet they found themselves in courtrooms,” he said.
Tiếp tục đọc “The ICC issued arrest warrants on Friday for Putin and Russian official Maria Lvova-Belov”
© UNSPLASH/Holie Santos
A mother carrying her newborn baby.
Parents and pregnant women globally are exposed to aggressive marketing for baby formula milk, according to a report launched jointly by two UN agencies on Tuesday.
How marketing of formula milk influences our decisions on infant feeding, the first report in a series by the World Health Organization (WHO) and the UN Children’s Fund (UNICEF), draws on interviews with parents, pregnant women, and health workers in eight countries.
More than half of those surveyed acknowledged that they had been targeted by formula milk companies.
UNICEF and WHO maintain that the $55 billion formula milk industry uses systematic and unethical marketing strategies to influence parents’ infant feeding decisions and exploitative practices that compromise child nutrition and violate international commitments.
“This report shows very clearly that formula milk marketing remains unacceptably pervasive, misleading and aggressive,” said WHO Director-General Tedros Adhanom Ghebreyesus, calling for regulations on exploitative marketing to be “urgently adopted and enforced to protect children’s health.”
The report found not only that industry marketing techniques include unregulated and invasive online targeting, but also sponsored advice networks and helplines; offered promotions and free gifts; and influenced health workers’ training and recommendations.
The report underlines that the industry often delivers misleading and scientifically unsubstantiated information to parents and health workers and also violates the International Code of Marketing of Breast-milk Substitutes – a landmark public health agreement to protect mothers from aggressive marketing by the baby food industry.
Having surveyed 8,500 parents and pregnant women, and 300 health workers globally, the report found that exposure to formula milk marketing reached 84 per cent of all women surveyed in the United Kingdom; 92 per cent in Viet Nam and 97 per cent in China – increasing their likelihood of choosing formula feeding.
“False and misleading messages about formula feeding are a substantial barrier to breastfeeding, which we know is best for babies and mothers,” said UNICEF Executive Director Catherine Russell.
WHO/UNICEF
Tiếp tục đọc “Baby formula marketing ‘pervasive, misleading and aggressive’ – UN report”
Lưu Minh Sang (*) – Thứ Ba, 3/01/2023
Kinh tế Sài Gòn Online – Người tiêu dùng tài chính là nhóm đối tượng dễ bị tổn thương vì phần lớn họ luôn phải đối diện với rất nhiều rủi ro trong quá trình sử dụng các sản phẩm dịch vụ tài chính, như là nạn nhân của các vụ lừa đảo phát hành trái phiếu, thao túng chứng khoán, cưỡng ép mua bảo hiểm, cho vay nặng lãi… trong năm nay. Thế nhưng, tấm khiên bảo vệ quyền lợi của họ đang bị thủng nhiều chỗ…
Sơ hở là có thể mất tiền
Tại Việt Nam, người tiêu dùng tài chính đang đối diện đầy đủ những rủi ro trải dài ở hầu hết các lĩnh vực tài chính, từ ngân hàng, chứng khoán đến bảo hiểm và công nghệ tài chính. Nhìn một cách khái quát, người tiêu dùng tài chính đang đối diện với sáu nhóm rủi ro chính như sau:
Tiếp tục đọc “Khoảng trống trong ‘tấm khiên’ bảo vệ người tiêu dùng tài chính”
The Parties to this Treaty reaffirm their faith in the purposes and principles of the Charter of the United Nations and their desire to live in peace with all peoples and all governments.
They are determined to safeguard the freedom, common heritage and civilisation of their peoples, founded on the principles of democracy, individual liberty and the rule of law. They seek to promote stability and well-being in the North Atlantic area.
They are resolved to unite their efforts for collective defence and for the preservation of peace and security. They therefore agree to this North Atlantic Treaty :
The Parties undertake, as set forth in the Charter of the United Nations, to settle any international dispute in which they may be involved by peaceful means in such a manner that international peace and security and justice are not endangered, and to refrain in their international relations from the threat or use of force in any manner inconsistent with the purposes of the United Nations.
Tiếp tục đọc “The North Atlantic Treaty”View full case here
A unique court case, brought by four Nigerian victims of Shell oil spills, in conjunction with Friends of the Earth Netherlands, begins on Thursday 3rd December in the court at The Hague. This is the first time in history that a Dutch company has been brought to trial before a Dutch court for damages abroad. The Nigerian farmers and fishers, who lost their livelihoods after oil from leaking Shell pipelines streamed over their fields and fishing ponds, are claiming compensation from the Anglo-Dutch oil giant…Shell denies all responsibility and contends that the Dutch court has no jurisdiction over its Nigerian subsidiary.
“Shell to pay 15 mln euros in settlement over Nigerian oil spills”, 24 Dec 2022
Shell will pay 15 million euros ($15.9 million) to communities in Nigeria that were affected by multiple oil pipeline leaks in the Niger Delta, the oil company on Friday said in a joint statement with the Dutch division of Friends of the Earth.
The compensation is the result of a Dutch court case brought by Friends of the Earth, in which Shell’s Nigerian subsidiary SPDC last year was found to be responsible for the oil spills and was ordered to pay for damages to farmers.
The money will benefit the communities of Oruma, Goi and Ikot Ada Udo in Nigeria, that were impacted by four oil spills that occurred between 2004 and 2007.
“The settlement is on a no admission of liability basis, and settles all claims and ends all pending litigation related to the spills,” Shell said.
An independent expert had confirmed that SPDC has installed a leak detection system on the KCTL Pipeline in compliance with the appeal court’s orders, the company added…
The case was brought in 2008 by four farmers and environmental group Friends of the Earth, seeking reparations for lost income from contaminated land and waterways in the region, the heart of Nigeria’s oil industry.
After the appeals court’s final ruling last year, Shell said it continued to believe the spills were caused by sabotage.
But the court said Shell had not proven “beyond reasonable doubt” that sabotage had caused the spill, rather than poor maintenance.
In the Declaration of the High-level Meeting on the Rule of Law, Member States noted that “the rule of law and development are strongly interrelated and mutually reinforcing, that the advancement of the rule of law at the national and international levels is essential for sustained and inclusive economic growth, sustainable development, the eradication of poverty and hunger and the full realization of all human rights and fundamental freedoms, including the right to development, all of which in turn reinforce the rule of law”. They therefore called for consideration of that interrelationship in the post-2015 international development agenda. At the international level, the body of international instruments, including those concerning international trade and finance, climate change and protection of the environment and the right to development, establishes internationally agreed standards which support sustainable development.
At the national level, the rule of law is necessary to create an environment for providing sustainable livelihoods and eradicating poverty. Poverty often stems from disempowerment, exclusion and discrimination. The rule of law fosters development through strengthening the voices of individuals and communities, by providing access to justice , ensuring due process and establishing remedies for the violation of rights . Security of livelihoods, shelter, tenure and contracts can enable and empower the poor to defend themselves against violations of their rights. Legal empowerment goes beyond the provision of legal remedies and supports better economic opportunities.
December 15, 2022Posted byVietnam BriefingWritten byMark BarnesReading Time:4 minutes
Intellectual property (IP) law reform and enforcement in Vietnam has been at the center of a broad range of trade agreements the country has signed onto. But change has been slow, and enforcement has been lacking. Here’s how a spat between a cartoon wolf and a cartoon pig could change that.
The owners of the UK’s Peppa Pig, EOne, are suing Vietnam’s Sconnect, the owners of popular YouTube cartoon Wolfoo, alleging trademark and copyright infringement. More specifically, EOne is alleging Sconnect created Wolfoo to look and feel like Peppa Pig to imply the two cartoons were connected.
In its complaint, EOne claims that parts of Wolfoo’s audio have been taken directly from episodes of Peppa Pig and that images of Peppa Pig herself appear on items like clocks and watering cans in the background of Wolfoo videos.
This is currently before the courts in the UK.
But the courts have not been EOne’s only means of recourse.
YouTube, for example, took down 2,000 Wolfoo videos from August to October this year for copyright infringement at the request of EOne. This cost Sconnect US$2 million in lost revenue up to October, according to their own estimates.
In response, Sconnect has made overtures to the Vietnamese government looking for support. It has also countersued in Vietnam and has launched a lawsuit in Russia where, earlier in the year, a copyright infringement case brought by EOne was dismissed in response to sanctions imposed over the war in the Ukraine.
Tiếp tục đọc “Intellectual property in Vietnam: One Little Pig and a Big Bad Lawsuit”
The International Center for Not-for-Profit Law
DOWNLOAD full report here
The Paradox of Asia and the Scope of this Report
Asia presents a paradox. Many of the more than forty countries in this vast region aren home to vibrant civil society sectors, engaged in everything from social services to advocacy to mutual benefit activities and other pursuits that fall within the definitions of non-profit or charitable activity. Yet in many countries of Asia, government regulatory controls on civil society are restrictive or highly restrictive. Indeed, based on reports from countries as diverse as India, China, Thailand and Vietnam, among many others, the legal operating environment is becoming more restrictive, particularly for advocacy and other groups engaged in independent civil society activity.
This report is an overview of the regulatory environment affecting civil society and civil society organizations (CSOs)2 across Asia, focusing on a number of countries and key themes. These themes include: general constitutional and legal frameworks; types of organizational forms of CSOs; establishment requirements; registration and incorporation requirements; termination and dissolution procedures; state supervisory requirements; legal treatment of foreign organizations; and rules related to funding sources, including cross-border philanthropy and economic activities. While this report may make reference to any country in Asia, it focuses predominantly on Afghanistan, Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan (Central Asia); Bangladesh, Bhutan, India, Nepal, Pakistan and Sri Lanka (South Asia); Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand and Vietnam
(Southeast Asia); China, Hong Kong, Japan, Mongolia and South Korea (East Asia); and Fiji (Pacific).
This report is intended to identify key trends in the regulation of civil society and CSOs across Asia. As readers will note, it is not a detailed study of each country, and not all issues are covered for each country. For more detail, we invite readers to consult other
(PLO)- Xây dựng Luật đạo đức là để giáo dục mọi người nhận thức được danh dự là điều thiêng liêng nhất trong đời người, nhằm góp phần tốt hơn trong phòng ngừa vi phạm, tội phạm.
Báo cáo của Chính phủ, các cơ quan tư pháp gửi Quốc hội (QH) cho thấy có tình trạng móc nối, tiếp tay của cán bộ, công chức, viên chức nhà nước đối với doanh nghiệp để trục lợi.
Tội phạm tham nhũng, chức vụ tăng 37,6%
Mới đây, thừa ủy quyền của Thủ tướng, Tổng thanh tra Chính phủ Đoàn Hồng Phong đã ký báo cáo gửi QH về công tác phòng chống tham nhũng năm 2022. Đáng chú ý, báo cáo của Chính phủ cho hay hoạt động phòng chống tham nhũng, tiêu cực (PCTNTC) đã từng bước được mở rộng ra khu vực ngoài Nhà nước.
Theo Chính phủ, Ủy ban Chứng khoán Nhà nước đã triển khai 25 đoàn thanh kiểm tra định kỳ và 40 đoàn kiểm tra đột xuất về hoạt động chào bán, mua lại cổ phiếu, bán cổ phiếu quỹ, chào mua công khai, việc thực hiện nghĩa vụ của công ty đại chúng, tổ chức niêm yết… cũng như việc tuân thủ quy định pháp luật chứng khoán đối với các công ty đại chúng, công ty chứng khoán, công ty quản lý quỹ.
Cơ quan CSĐT Bộ Công an đã khởi tố vụ án thao túng thị trường chứng khoán xảy ra tại Tập đoàn FLC, Công ty cổ phần Chứng khoán BOS và các công ty có liên quan; khởi tố vụ án lừa đảo chiếm đoạt tài sản xảy ra tại Tập đoàn Tân Hoàng Minh và các tổ chức, đơn vị có liên quan…
Dù vậy, Chính phủ nhận định: “Tình trạng móc nối, tiếp tay của cán bộ, công chức, viên chức nhà nước đối với doanh nghiệp để trục lợi, chiếm đoạt tài sản của Nhà nước còn diễn ra ở một số lĩnh vực”.
Tiếp tục đọc “Kiến nghị xây dựng Luật đạo đức – Viện trưởng Viện Kiểm Soát Nhân Dân Tối cao”
Arbitral hubs and institutions in Asia have reached new heights in terms of their growth and popularity, achieving stellar global rankings and an ever-growing number of case filings. Arbitration’s popularity in Asia has been augmented by the generally pro-arbitration stance taken by the countries in the region. This chapter examines recent developments in Singapore and other parts of Asia, tracking the continued growth and overall maturation of Asia’s arbitration scene.
Arbitral hubs and institutions in Asia have reached new heights in terms of their growth and popularity. In the 2021 Queen Mary University of London and White & Case International Arbitration Survey (the QMUL Survey),[1] Singapore and Hong Kong ranked first and third respectively as the most popular arbitral seats in the world. This marks a first for Singapore, and it shares its position with London – a global powerhouse in the field. Singapore was also named the most preferred seat in the Asia-Pacific, and, along with Hong Kong, ranked in the top-five most preferred seats in all regions.
By Philip Wang, Tim Lister, Josh Pennington and Heather Chen, CNN
Updated 2:35 AM EDT, Sat October 15, 2022
Pramila Patten, Special Representative of the UN Secretary-General on Sexual Violence in Conflict, at a Security Council meeting in New York in 2018.Xinhua/ShutterstockCNN —
Russia is using rape and sexual violence as part of its “military strategy” in Ukraine, a UN envoy said this week.
The claim follows data released by a panel of UN experts recently that verified “more than a hundred cases” of rape or sexual assault incidents reported in Ukraine since February.
“When you hear women testify about Russian soldiers equipped with Viagra, it’s clearly a military strategy,” Pramila Patten, UN Special Representative on Sexual Violence in Conflict, said in an interview with AFP on Thursday.
Tiếp tục đọc “Russia using rape as ‘military strategy’ in Ukraine: UN envoy”
CVD 