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Full-Text Articles in Law
Evolving Standards Of Irrelevancy?, Joanmarie Davoli
Evolving Standards Of Irrelevancy?, Joanmarie Davoli
Faculty Scholarship
No abstract provided.
Judicial Activism In Transnational Business And Human Rights Litigation, Hassan M. Ahmad
Judicial Activism In Transnational Business And Human Rights Litigation, Hassan M. Ahmad
All Faculty Publications
This article explores a more expansive adjudicative role for domestic judiciaries in the U.S., U.K., and Canada in private law disputes that concern personal and environmental harm by multinational corporations that operate in the Global South. This expansive role may confront—although not necessarily upend—existing understandings around the separation of powers in common law jurisdictions. I canvass existing literature on judicial activism. Then, I detail legality gaps in the selected common law home states, which can be broken down into four categories: i) failed legislation; ii) deficient legislation; iii) judicial restraint; and iv) judicial deference.
I suggest three ways to actualize …