Seminal Case Research Articles

Currency power as a medium: Revisiting international cost transfer mechanisms in the U.S. subprime crisis

This paper endeavors to meticulously examine the disparities in developmental trajectories between industrialized and emerging economies, employing the nuanced concept of cost transfer within the theoretical framework of the "core-periphery" paradigm. We propose an intricate conceptual model to delve into the mechanisms through which economic crises are systematically shifted from the developed core to the peripheral developing regions, with particular emphasis on the pivotal roles of monetary hegemony and geopolitical dominance. Utilizing the U.S. subprime mortgage crisis as a seminal case study, we scrutinize the intricate dynamics of cost transfer, elucidating how the developed nations leverage their monetary supremacy and geopolitical prowess, often bolstered by military might and neo-liberal ideologies, to facilitate the offloading of inflationary pressures and commodity price hikes onto developing nations, notably China. Our findings contribute to the ongoing discourse on the entrenched inequalities between the Global North and South, emphasizing the asymmetrical power relations that underpin the process of cost transfer. Furthermore, this study enhances the research framework of cost-transfer theory and offers insights into the development of inequalities between developed and developing countries, aiding in the formulation of response strategies for developing countries facing cost transfer and mitigating the adverse impacts of cost transfers, thereby fostering more equitable and sustainable development trajectories.

Facade and Envelope Design in Architecture--The Evolution, Technological Innovation, and Visual Expression

This essay explores the evolution, technological innovation, and visual expression of facades and envelopes in modern architecture through the lens of three seminal case studies: Notre Dame Cathedral in Paris, Mies van der Rohe's Farnsworth House, and Walter Gropius's Bauhaus School. These case studies highlight the transformative impact of architectural design principles on building aesthetics and functionality. The Notre Dame Cathedral introduced a revolutionary structural system that liberated the facade from its traditional load-bearing role, allowing for expansive stained-glass windows and intricate stone carvings that set the stage for future architectural innovations. Mies van der Rohe's Farnsworth House exemplifies the minimalist approach, emphasizing transparency and the seamless integration of interior and exterior spaces. The Bauhaus School, under Gropius's leadership, merged art, technology, and craftsmanship, creating a new architectural language characterized by simplicity and functional beauty. Through a detailed analysis of these projects, the essay provides insights into the enduring influence of these architectural milestones on contemporary design practices.

Exploring the Application of Structural Family Therapy in Addressing Adolescent Behavioral Issues: A Case Study Perspective

This study endeavors to explore the application and effectiveness of Structural Family Therapy (SFT) in addressing adolescent behavioral issues, utilizing a case study methodology. SFT, a therapeutic method that intervenes at the level of the family system, emphasizes restructuring the family and clarifying boundaries among its members. By selecting emblematic cases, this study meticulously analyzes the foundational principles employed in therapy alongside specific techniques, including enhancement of family functionality, adjustment of family structure, and resource-oriented strategies. This research probes into the effectiveness and theoretical foundations of Structural Family Therapy (SFT) in tackling adolescent behavioral challenges, highlighting its unique contributions to family therapy. Through an exhaustive examination of seminal cases from distinguished practitioners such as Minuchin, Fishman, and Lee, Wai–Yung, the paper elucidates SFT's proficiency in navigating the dynamics of family systems. It reveals how the therapy's strategic modifications in interaction patterns and boundary configurations among family members catalyze notable improvements in adolescent behaviors. These transformations transcend mere direct interventions; they epitomize a deeper, collaborative process engaging both therapists and family units. The findings further illuminate SFT's prowess in enhancing family functionality, thereby fostering an environment conducive to nurturing adolescent independence. This exploration affirms SFT's pivotal role in reshaping familial interactions, thereby mitigating adolescent behavioral issues through a holistic and collaborative approach that benefits the entire family structure. Moreover, this study additionally concentrates on the sustainability of treatment outcomes and their impact on the overall well-being of family members, aiming to provide a comprehensive evaluation of SFT's efficacy in ameliorating adolescent behavioral issues. Through an in-depth analysis of the cases, this research reveals the details of SFT's application in practice and its potential to foster positive changes in adolescent behavior and enhance overall family function. The results aim to provide mental health professionals with effective strategies for treating adolescent behavioral problems and to offer further theoretical and practical guidance in the field of family therapy.

Transformation of Crimes (Cybercrimes) in Digital Age

The cybercrime thrives, understanding its evolution is critical for security and policy interventions. This research profiles cyber threat trends since the 1950s alongside legal developments. Background examines early hacking cultures, antivirus innovations, and seminal cases that set precedents. The objectives encompass analyzing major technical and legal inflection points over recent decades regarding cybercrimes. The study's aim is validating escalating cyber risks that demand urgent attention. Doctrinal methodology leverages scholarly journals, case law, and industry data. Key findings reveal sophisticated social engineering tactics, gaps in legal deterrence frameworks, and infrastructure vulnerabilities that underscore needs for global cooperation. Recommendations center on proactive reforms to cybersecurity statutes, public awareness, and cross-border collaboration to mitigate emerging threats. Tracing cybercrime's timeline provides vital context to catalyze preemptive actions against potential attacks in an increasingly interconnected online ecosystem.

Property, Propriety, and Publicity: A Different Look at Pope v. Curll (1741)

The seminal copyright case of Pope v. Curll is typically cited by lawyers as the case which, for the first time in Anglo-American law, disassociated the physical copy of a literary work from its metaphysical content. A decades-long enmity between the author Alexander Pope and printer Edmund Curll culminated in Pope’s suit against Curll for having printed stolen personal letters. While not disputing traditional understandings of Pope v. Curll, this article offers an additional, alternative reading of the arguments made by Pope in the case. The litigation is situated within the context of early modern celebrity culture to argue that Pope was pursuing property rights on three levels, not simply the two typically recognized. Pope sought property rights to the physical material of the purloined letters and for property rights in the literary content of the letters, but also for the property right in his own image-making. This third argument is essentially the modern equivalent of publicity rights – a twentieth-century quasi-intellectual property right used to protect names, images, and likenesses. This article thus reads modern publicity rights jurisprudence as having deeper roots than previously discussed. Pope v. Curll represents a road not taken in the history of copyright law.

BEYOND THE COURTROOM: THE EVOLUTION OF RIGHTS-BASED CLIMATE LITIGATION FROM URGENDA TO HELD AND ITS POLICY IMPACT

This paper examines the growing trend of employing international and human rights law in domestic climate change lawsuits as a strategic tool for legal action. Using a qualitative and comparative analysis of seminal case law, such as Urgenda Foundation v the Netherlands and R (Friends of the Earth and others) v Heathrow Airport Ltd and Held v State, this paper aims to explain the juridical trajectories and methodologies employed in rights-based climate litigation. The primary objective is to critically evaluate the potential regulatory impact of this emergent jurisprudential paradigm on both domestic legislation and international climate change treaties. The study posits that when traditional enforcement mechanisms enshrined in international environmental law treaties prove ineffective, domestic litigation grounded in human rights claims serve as a catalyst for transformative jurisprudence. This, in turn, can exert substantial pressure on state and non-state actors, compelling them to adopt more strict regulatory measures to mitigate the effects of climate change. The aim of this paper is twofold: first, to elucidate the effectiveness and development of rights-based jurisprudence in climate litigation, and second, to assess its potential for influencing the creation of stronger regulatory mechanisms at both state and international levels. The paper argues that when international treaties fail to take adequate climate change action, domestic lawsuits based on human rights claims start to serve as a lever of change, pressuring both state and non-state actors into adopting more ambitious measures. The study underscores the importance of this rights-based approach not merely as a legal strategy but as a multifaceted tool for effectuating systemic regulatory advancements and fostering climate justice.

The legal mobilisation of EU market freedoms: strategic action or random noise?

This article investigates litigation in the field of EU market liberalisation from the perspective of legal mobilisation research. It follows the assertion that litigation has seized on asymmetries in EU law to threaten cornerstones of national industrial relations regimes. The article investigates litigants and their legal counsel in 14 seminal cases. It identifies three distinct types of litigants: narrowly self-interested ‘one-shotters’, organised interests as ‘repeat players’, and ‘cause lawyers’. Key take-aways add to the literatures on both liberalisation and legal mobilisation. The prominence of purposeful, strategic action speaks against previous assertions of a purely self-sustaining logic of market liberalisation, and efforts by trade unions to reinforce national regulations protecting labour speak against the assumption that EU law is only employed by those seeking greater factor mobility. On the other hand, attention to litigants seeking market liberalisation calls into question the notion of law as a ‘weapon of the weak’ often pursued in legal mobilisation research.

Judicial Activism vs. Judicial Restraint: A Critical Analysis in the Indian Context

This paper delves into the contrasting concepts of judicial activism and judicial restraint within the framework of the Indian judiciary. It provides a historical perspective on their evolution and influence, and then undertakes a comprehensive examination of their impact on the Indian legal system, democratic governance, and judicial legitimacy. Through an analysis of seminal cases and scholarly perspectives, this paper seeks to elucidate the delicate equilibrium that must be maintained between judicial activism and restraint for the effective functioning of India's legal and political institutions.

Accommodations of private and family life and non-traditional families: the limits of deference in cases of cross-border surrogacy before the European Court of Human Rights.

The European Court of Human Rights (ECtHR) case law on cross-border surrogacy establishes that a 'general and absolute impossibility' of obtaining recognition of the relationship, legally established in another country, between a surrogate-born child and their intended parents will violate the child's right to respect for private life. This approach requires States to accommodate familial bonds created through cross-border surrogacy and limits the margin of appreciation available to States to determine their national response. In recent case law, the ECtHR has adopted an interventionist approach in respect of national decision-making and has gone further than might be expected under the principle of subsidiarity. Examination of the emerging body of jurisprudence on cross-border surrogacy, however, reveals a preference for 'traditional' family formations, with the ECtHR tending to adopt a less interventionist and more deferential approach to national decision-making where the family at the centre of the case deviates from the structure of the family reflected in the seminal cross-border surrogacy case of Mennesson v France App no 65192/11 (ECtHR, 26 June 2014). This approach leads to inconsistency in the cross-border surrogacy case law as it creates something of a moving target for the vindication of children's rights in 'less traditional' family forms.

Property in Place: A Legacy of Context

Legal research that highlights context to emphasize circumstances in which decisions occur is important for the legal academy as it reveals the realities in which law operates. This is particularly true for property law which, as the work of Bruce Ziff shows, the perspective of stories, people, and geographies are essential to understanding. In his investigation of seminal property case law, Ziff does not simply discuss legal rules, rather, Ziff explores the real life features of each case. Ziff provides a micro perspective on cases, which also capturing broader information that provides a macro outlook on how legal argument is created. Through this work it becomes clear that context matters.

Addressing statelessness in Kenya through a confluence of litigation, transitional justice, and community activism: reflecting on the cases of the Nubian, Makonde and Shona communities

This article outlines the challenge of statelessness in Kenya and proceeds to focus on two seminal cases filed by the Nubian community against the Kenyan state: one before the African Commission on Human and Peoples’ Rights and the other at the African Committee of Experts on the Rights and Welfare of the Child. Attention then turns to Kenya’s transitionaljustice agenda and its interaction with the plight of stateless persons in Kenya. Through the experiences of the Nubian, Makonde and Shona communities, the article also explores the role of community-led activism infurthering the cause of ending statelessness in Kenya. It concludes with key lessons to be learned from utilising litigation, transitional justice and community-led activism as part of the struggle for the rights of stateless persons in Kenya. It relies on desk-review and research of the Nubian cases, Kenya’s truth commission report and other official inquires, civil society reports, the 2010 Constitution and related laws.

States as Masters of (Investment) Treaties: The Rise of Joint Interpretative Statements

Abstract Joint Interpretative Statements have grown in popularity in recent years as a tool States can use to authoritatively interpret, or reinterpret, investment treaties with the seminal case being NAFTA but provisions for making them have been included in numerous investment treaties and India, Colombia, France, Mauritius, and the EU member States themselves have recently entered into joint interpretative statements. The CETA Joint Committee would also appear to be close to issuing its first “decision” which, in effect, is a joint interpretative statement. Despite this growth, in general, investment tribunals are ill-equipped to apply such statements and, as case studies analyzed in the article show, often commit serious errors when deciding cases involving them. These errors include not applying the relevant articles of the Vienna Convention on the Law of Treaties (VCLT), failing to consider decisions by international tribunals, including the ICJ, regarding joint interpretative statements, and ignoring “the teachings of the most highly qualified publicists” with respect to such statements. These failings risk undermining States’ legitimate use of joint interpretative statements, as well as eroding the legitimacy of the ISDS system as a whole, due to repeated misinterpretations and misstatements of the applicable law. This paper aims to respond to the crisis by firstly setting out the relevant international law principles, with these being found primarily in the VCLT, secondly outlining when and how tribunals, and on occasion State courts, have fallen short in their analysis of said principles, and thirdly outlining various possible “futures” for joint interpretative statements, as well as suggesting means by which States might ensure that they are properly applied.

COMPUTING HERITAGE VALUES: A CASE FOR GEORGIA AND MALTA

Value criteria and dimensions of heritage are two aspects on which the heritage value is calculated. The Heritage Value Calculation is effectively a computation whereby the heritage value for given site is established. This method was applied to two seminal contemporary architectural case studies, namely, the Palace of Rituals (Georgia) and the Manikata Church (Malta). The heritage value computed for each provides insight into their essential features whilst allowing a comparison of the sites – Georgia and Malta are spiritually linked through the same religious faith. Although the Palace of Rituals scored slightly higher in the dimensions of materiality, function, and spirit and memory, the Manikata Church obtained considerably higher scores for design, location and context, and traditions and techniques, thus ending up with a higher overall final heritage value score.

Aesthetic Considerations in Extremity Salvage and Reconstruction.

After studying this article, the participant should be able to: 1. Have an in-depth understanding of the functional and aesthetic requirements of lower extremity reconstruction. 2. Describe the considerations for achieving an optimal aesthetic outcome in the primary reconstruction settings. 3. Describe modalities of secondary flap revision for achieving an optimal aesthetic outcome. Significant advancements have been made in the management of lower extremity reconstruction since Dr. Taylor's seminal case in 1973. Improvements in our understanding of vascular anatomy and evolution of microsurgical techniques have allowed for an ever-increasing array of free tissue transfer options for lower extremity reconstruction. The resulting expertise has engendered a paradigm shift toward the reconstructive elevator approach, with increased emphasis on cosmetic results. In the primary setting, aesthetic considerations play an important role in precoverage wound preparation, flap selection, and harvest technique, with the goal of achieving excellent like-with-like reconstruction at the time of initial surgery. Flap selection should be made to best match the three-dimensional architecture of the wound, and take into account the defect thickness, flap thickness, flap composition, and pedicle length. Primary flap thinning and harvest in the superficial fascial plane has been shown to be an effective modality to address excess adiposity and improve contour. Despite these efforts, secondary procedures are often required to optimize the limb's final appearance and functional outcomes, particularly in the foot and ankle region. These include debulking, liposuction, and staged excisions. As the field of limb salvage keeps evolving, aesthetics will continue to play an important role in extremity reconstruction planning and execution.

A contemporaneous evaluation of the degree of success of the Financial Markets Test Case Scheme in the seminal case of FCA v Arch Insurers and Others (2021) UKSC 1

A contemporaneous evaluation of the degree of success of the Financial Markets Test Case Scheme in the seminal case of FCA v Arch Insurers and Others (2021) UKSC 1

Freedom of Expression: Values and Harms

When considering restrictions on socially disfavoured expression, the Supreme Court of Canada has often considered the targeted expression’s “value.” In the seminal cases of Ford v. Quebec and Irwin Toy Ltd. v. Quebec, the Supreme Court articulated the importance of expressive freedom by relating it to three core values: (1) seeking and attaining the truth; (2) participation in democratic institutions; and (3) diversity in forms of individual self- fulfillment. Subsequent cases considering restrictions on expression have evaluated the extent to which the targeted expression advances these values. Ironically, although Ford and Irwin Toy embraced a broad conception of expressive freedom, the Supreme Court has used the values analysis developed in these cases to justify limiting disfavoured expression. As applied to marginalized ideas, the Supreme Court has tailored its balancing test under R. v. Oakes such that expression found to be “distant from the core of free expression values” is granted little protection under the Canadian Charter of Rights and Freedoms. Under this test, legal restrictions on hate speech, obscenity, and other forms of disfavoured expression have been upheld based on the Supreme Court’s low assessment of the value of the underlying expression. This article argues that although certain forms of expression may be validly restricted under the Charter, the Supreme Court’s practice of assessing the value of targeted expression when applying the Oakes test is both politically illegitimate and vulnerable to error. This practice should be abandoned in favour of an alternative application of Oakes that balances (1) the severity of the restriction against (2) the harm of the targeted expression. Under this analysis, the value of the expression is not a factor because all expression is considered equally valuable. This approach adopts a relativistic perspective on the value of free expression and denies the ability of courts to mediate absolute truth. According to this view, the only characteristic of targeted expression that may justify its restriction is its likelihood to cause harm, a question more susceptible to judicial determination than its underlying value. The impetus for my argument is that, as applied, the Supreme Court’s values analysis inevitably imposes political preferences onto Charter interpretation. A more politically- neutral framework would be more consistent with section 2’s unqualified protection of “thought, belief, opinion and expression,” as well as section 1’s concern for “a free and democratic society.”

The Last Days of the Warren Court: How Justice Brennan Orchestrated Shapiro v. Thompson (1969)

The Last Days of the Warren Court:How Justice Brennan Orchestrated Shapiro v. Thompson (1969) Jordan Lampo (bio) On April 21, 1969, the Supreme Court invalidated state durational residency requirements for receipt of public assistance and helped establish a fundamental, constitutional right to travel in Shapiro v. Thompson.1 In announcing Shapiro, Justice William J. Brennan "read lengthy excerpts" from his majority opinion to spectators in the Courtroom.2 Brennan's prioritization of protecting the poor through the Fourteenth Amendment in Shapiro did not come as a surprise that day. Since he joined the Warren Court in 1956, Brennan and his fellow justices had been addressing wealth discrimination, hoping to apply the Equal Protection Clause to protect the rights of the poor. Chief Justice Earl Warren dissented in Shapiro. This was unusual. Brennan and Warren had been allies for twelve years, more often than not voting together on landmark cases. Notably, the chief justice had voted with the majority and Brennan in: Gideon v. Wainwright (1963),3 holding the Sixth and Fourteenth Amendments guarantee a right for legal counsel to an indigent defendant accused of a felony; Douglas v. California (1963),4 holding that states must provide indigent persons with counsel on a first appeal of right to challenge a criminal conviction; and Harper v. Virginia Board of Elections (1966),5 holding a state law conditioning the vote on payment of a $1.50 poll tax denied equal protection. But Shapiro was different. Brennan had to deploy his persuasive powers to marshal a majority without Warren, who was about to retire. The story of how Brennan orchestrated Shapiro bears re-examination, as it took many twists and turns to arrive at the final decision. Moreover, the case took on heightened drama as some of the justices were worried about antagonizing Congress with a decision that [End Page 75] would require states to pay assistance to indigents at a time when Congress was debating whether to raise judicial salaries. The Warren Court The Warren Court spanned fifteen years (1953–1969) and Brennan served for twelve of them.6 One of Warren's clerks, Robert T. Lasky, summed up the relationship between the chief justice and the associate justice: Spearheaded by … Warren and … Brennan, the Warren Court radically expanded the reaches of the judicial power and altered constitutional law in a way that reverberates to this day. … Warren was the leader of the liberal wing; Brennan would provide its intellectual underpinnings.7 Lasky said Warren knew Brennan, the "intellectual anchor" who did "real hard, heavy lifting from a thinking standpoint," could articulate legal arguments in a manner the former governor of California could not.8 Another clerk, Paul J. Meyer, recalled that Warren and Brennan were always "very close" and that Brennan was "clearly Warren's tight ally of the Court."9 Their companionship has led historians to refer to their overlapping time on the bench not as the "Warren Court," but "the Brennan Court."10 Brennan and Warren mostly voted in lockstep. Warren often tasked Brennan with convincing a fifth justice to join them alongside liberal-leaning Justices Hugo L. Black and William O. Douglas.11 If Brennan was successful in garnering a fifth vote, then Warren would have the assignment power. Often, Warren assigned Brennan to write opinions in seminal cases. Notably, the chief justice assigned him Baker v. Carr,12 the reapportionment case that Warren deemed "the most important case of [his] tenure,"13 and Cooper Click for larger view View full resolution Earl Warren and William J. Brennan served together on the Court for 12 years and mostly voted in lockstep. Above they are shown examining Chief Justice John Marshall's Courtroom notes at the National Archives in 1966. [End Page 76] v. Aaron,14 a 1958 case denouncing Southern resistance to school desegregation. Thurgood Marshall was appointed in 1967, and soon became Brennan's ally.15 Marshall's presence gave the Court a solid block of seven liberal justices. Such a large number of like-minded justices put Brennan at ease—he no longer needed to rely on using Warren's opinion assignment power to force wavering justices to author opinions that aligned with his liberal values...

Digital hoarding: A new subtype of traditional hoarding disorder?

Approximately one in 40 adults display hoarding behaviors that are considered pathological (Nordsletten et al., 2013). The central diagnostic criterion is a persistent difficulty getting rid of belongings, independent of their value (5th ed.; DSM–5; American Psychiatric Association [APA], 2013). Individuals with hoarding disorder accumulate objects ranging from magazines and paperwork to clothing and sentimental items to containers and packaging such as gum wrappers. Recent research suggests, however, that hoarding behaviors may expand beyond the realm of physical belongings into the digital world. Although a digital subtype of hoarding has long been discussed in the media and various online spaces, academia has only recently started to pay attention to it. The first scientific article published on digital hoarding is a 2015 case study by van Bennekom and colleagues. The authors describe the case of a male patient who hoarded thousands and thousands of digital pictures, mostly of landscapes very similar to each other, on multiple hard drives. Following this seminal case study, several articles have been published in an attempt to better understand and conceptualize the phenomenon of digital hoarding. Using the DSM‐5 diagnostic criteria for (traditional) hoarding disorder as a framework, this article reviews the phenomenology of digital hoarding and how it compares to traditional hoarding.

Questioning Strict Separationism in Unsettled Times: Rethinking the Strict Separation of Church and State in United States Constitutional Law

Contemporary case law in the United States surrounding the establishment clause of the federal Constitution has entered a period of remarkable uncertainty. Now is an appropriate time to revisit the legal foundations of the Supreme Court’s seminal cases of Everson v. Board of Education (1947) and McCollum v. Board of Education (1948). These cases initiated the Court’s strict separationist construction of the establishment clause. In response to critics who see these cases as without judicial warrant, I argue that the holdings rest on a particular form of substantive due process. Further, I defend the methodology the Court deploys in these cases. Recognizing the legal foundations of Everson and McCollum and the tenability of the method the Court deploys in these cases improves our understanding of important Supreme Court case law. However, it also highlights new lines of critique of the Court’s strict separationist jurisprudence—a conclusion especially relevant today, given the Court’s willingness to revise long-standing precedents.

Remembering ‘Ellen West’: What a tragic case reveals about contemporary phenomenological psychopathology

ABSTRACT This paper returns to a seminal case in the historical of phenomenological psychopathology, Ludwig Binswanger’s discussion of “Ellen West A woman with a long history of melancholia and disordered eating, Ellen West was treated at Binswanger’s Bellevue sanatorium in 1921, a two-and-a-half month-long stay that resulted in a diagnosis of schizophrenia and Ellen West’s suicide. Binswanger relied on West’s personal writings and clinical history to develop and apply an original approach to case analysis, Daseinsanalyse or “existential analysis.” This paper takes up this case and Binswanger’s analysis to explore the origins of contemporary phenomenological psychopathology, the recent progress in this field, and areas for continued growth. The paper argues that new approaches to exploring the embedded or situated quality of psychopathology are needed for advancing clinical phenomenology, and that feminist and critical phenomenology are among the disciplines that can provide important methodological and theoretical foundations for this work. Without this, the field risks repeating Binswanger’s original mistakes and viewing psychiatric illness solely as the expression of a disturbed individual.