Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- SSRN (21)
- Publications (16)
- Energy (9)
- Columbia Law Review (8)
- Climate change (7)
-
- Human rights (6)
- Clean Air Act (CAA) (5)
- Constitutional law (5)
- Copyright law (5)
- Environmental Protection Agency (EPA) (5)
- International law (5)
- Law (5)
- New York Law Journal (5)
- Same-sex marriage (5)
- Clean Air Act (4)
- Columbia Journal of Law and the Arts (4)
- Corporate governance (4)
- Fossil Fuels (4)
- Freedom of speech (4)
- Greenhouse gas (GHG) (4)
- Originalism (4)
- Adaptation (3)
- Carbon dioxide (CO2) (3)
- Civil rights (3)
- Deterrence (3)
- Environment (3)
- Federal Election Commission (FEC) (3)
- Gay rights (3)
- Harvard Law Review (3)
- International and Foreign (3)
Articles 1 - 30 of 166
Full-Text Articles in Law
Memo To The Sec On The Proposed Rule On Disclosure Of Payments By Resource Extraction Issuers, Perrine Toledano
Memo To The Sec On The Proposed Rule On Disclosure Of Payments By Resource Extraction Issuers, Perrine Toledano
Columbia Center on Sustainable Investment Staff Publications
CCSI strongly supports the transparency of contracts and tax flows. CCSI shares the belief of many stakeholders that transparency is essential to leverage extractive industries for sustainable development and is in the mutual interest of all stakeholders. However, some industry players continue to voice the concern that increased transparency would be harmful for their business. Therefore, CCSI is working to also establish the business case for transparency.
In one such case, some industry players have been lobbying against the regulations developed by the Security and Exchange Commission to implement the mandatory disclosure provisions of the Dodd Frank Wall Street Reform …
Are Institutional Investors Part Of The Problem Or Part Of The Solution?: Key Descriptive And Prescriptive Questions About Shareholders, Ben W. Heineman Jr., Stephen Davis
Are Institutional Investors Part Of The Problem Or Part Of The Solution?: Key Descriptive And Prescriptive Questions About Shareholders, Ben W. Heineman Jr., Stephen Davis
Ira M. Millstein Center for Global Markets and Corporate Ownership
Over the last twenty years, institutional investors have owned an increasing share of public equity markets — more than 70 percent of the largest 1,000 companies in the United States in 2009, for example. Over the past two years, in response to failures of some boards of directors and business leaders, shareholders, including institutional investors, have been given increased powers to participate in — or have disclosures about — discrete spheres of governance in publicly held corporations. Moreover, during this same period, and in multiple jurisdictions, there have been increasing calls from both the public and private sectors for institutional …
Wider Role For Our Miners In Africa, Lisa E. Sachs, Joel Negin, Glenn Denning
Wider Role For Our Miners In Africa, Lisa E. Sachs, Joel Negin, Glenn Denning
Columbia Center on Sustainable Investment Staff Publications
The Australian government is rapidly increasing aid to Africa. But the real story about the country's engagement in Africa is the massive investment by Australian companies in extractive industries.
More than 150 Australian resource companies are active in more than 40 African countries with a total investment greater than $20 billion, including in coal in Mozambique, copper and uranium in Zambia, gold in Eritrea and uranium in Malawi.
Implementing Recommendations From The Universal Periodic Review: A Toolkit For State And Local Human Rights And Human Relations Commissions, Human Rights Institute
Implementing Recommendations From The Universal Periodic Review: A Toolkit For State And Local Human Rights And Human Relations Commissions, Human Rights Institute
Human Rights Institute
The United States’ international leadership in promoting human rights around the world is strengthened by state and local officials’ efforts to employ and advance human rights close to home. Indeed, state and local human rights and human relations commissions can play a pivotal role in help- ing the U.S. meet its own human rights obligations by ensuring fairness, dignity and opportunity for all in their communities.
This Toolkit provides information about a recent review of the United States’ human rights record under the United Nations’ Universal Periodic Review (“UPR”), which revealed a number of areas in which the United States …
Zambezi Valley Development Study, Lisa E. Sachs, Perrine Toledano
Zambezi Valley Development Study, Lisa E. Sachs, Perrine Toledano
Columbia Center on Sustainable Investment Staff Publications
In June 2011, CCSI released a consultative draft report on Resource-Based Sustainable Development in the Lower Zambezi Basin, the result of a year-long inquiry into how the vast resource deposits in Tete province, combined with other major investments along the Nacala and Beira corridors, can be the basis for sustainable, equitable and inclusive growth in the Lower Zambezi Basin.
The report recommends a framework of actions by Mozambique and its public and private partners to ensure that Mozambique reaps a major boost to economic development from its vast resource endowments, while also respecting the profitability of private-sector investments in …
Discussion At Second U.S.-China Rule Of Law Dialogue, Stanley B. Lubman
Discussion At Second U.S.-China Rule Of Law Dialogue, Stanley B. Lubman
Hong Yen Chang Center for Chinese Legal Studies
Professor Cheng analyzes the foundation and structure of the present configuration of Chinese legal institutions and its desirable future in a very small number of pages--- a brave and suggestive approach. (I am avoiding the term “Chinese legal system” for reasons that will be clear.) She begins by noting NPC Chairman Wu Banguo’s recent statement that China has now created “a socialist system of laws with Chinese characteristics” (hereafter SSLCC).
Chairmanship: The Effective Chair-Ceo Relationship: Insight From The Boardroom, Elise Walton
Chairmanship: The Effective Chair-Ceo Relationship: Insight From The Boardroom, Elise Walton
Ira M. Millstein Center for Global Markets and Corporate Ownership
This paper examines the role of the corporate Chair in the context of one of the most important relationships the Chair has – his or her relationship with the company’sCEO. To approach the topic, the Chairmen’s Forum sponsored a research effort to interview experienced Chairs,CEOs and stakeholders. After the Forum agreed on the project, a research plan was designed and approved by the sponsors. Key interview questions and interview candidates were reviewed and approved. The main areas of the interview included: background experience with the two roles; successful situations and what worked; challenges and what didn’t work; how a relationship …
United States Response To Questionnaire Concerning Boundaries And Interfaces With Respect To Copyright And Related Rights, June M. Besek, Jane C. Ginsburg, Lita Helman, Philippa Loengard, Eva Subotnik, Elana Bensoul
United States Response To Questionnaire Concerning Boundaries And Interfaces With Respect To Copyright And Related Rights, June M. Besek, Jane C. Ginsburg, Lita Helman, Philippa Loengard, Eva Subotnik, Elana Bensoul
Faculty Scholarship
ALAI-USA is the U.S. branch of ALAI (Association Littèraire et Artistique Internationale). ALAI-USA was started in the 1980's by the late Professor Melville B. Nimmer, and was later expanded by Professor John M. Kernochan.
Tradition, Precedent, And Power In Roman Egypt, Ari Bryen
Tradition, Precedent, And Power In Roman Egypt, Ari Bryen
Studio for Law and Culture
This paper is one of a series of preliminary studies that I hope will eventually end in a book-length study of the history of law in the eastern provinces of the Roman Empire. The history of law in the provinces tends to be written in one of two ways: either as the story of how Roman rules and concepts interpenetrate local cultural and legal systems (the history of the many and varied “vulgarizations” of Roman law); or, in the wake of the “Mediterraneanist” paradigms of the twentieth century, as a story of how local communities seek to regulate themselves – …
Home Rule: Equitable Justice In Progressive Chicago And The Philippines, Nancy Buenger
Home Rule: Equitable Justice In Progressive Chicago And The Philippines, Nancy Buenger
Studio for Law and Culture
The evolution of the US justice system has been predominantly parsed as the rule of law and Atlantic crossings. This essay considers courts that ignored, disregarded, and opposed the law as the United States expanded across the Pacific. I track Progressive home rule enthusiasts who experimented with equity in Chicago and the Philippines, a former Spanish colony. Home rule was imbued with double meaning, signifying local self-governance and the parental governance of domestic dependents. Spanish and Anglo American courts have historically invoked equity, a Roman canonical heritage, to more effectively administer domestic dependents and others deemed lacking in full legal …
The Fortas Film Festival, Brian L. Frye
The Fortas Film Festival, Brian L. Frye
Studio for Law and Culture
The story of Jack Smith’s film Flaming Creatures and the “Fortas Film Festival” illustrates the dialectic of obscenity. The obscenity doctrine expresses the conventional wisdom that the First Amendment actually protects art, and protects pornography only by extension. But Flaming Creatures and the Fortas Film Festival suggest that obscenity is dialectical. The obscenity doctrine provides the thesis: art protects pornography, by justifying the protection of sexual expression. Flaming Creatures and the Fortas Film Festival provide the antithesis: pornography protects art, by normalizing sexual expression. The history of obscenity law provides the synthesis: art and pornography protect each other. In other …
Regret, Remorse And Accidents: Where The New Apology Laws Go Wrong, Jeffrey S. Helmreich
Regret, Remorse And Accidents: Where The New Apology Laws Go Wrong, Jeffrey S. Helmreich
Studio for Law and Culture
Apologies have proven dramatically effective at resolving conflict and preventing litigation. Still, many injurers, particularly physicians, withhold apologies because they have long been used as evidence of liability. Recently, a majority of states in the U.S. have passed “Apology Laws” designed to lift this disincentive, by shielding apologies from evidentiary use. However, most of the new laws protect only expressions of benevolence and sympathy (such as “I feel bad about what happened to you”). They exclude full apologies, which express regret, remorse or self-criticism (“I should have prevented it,” for example). The laws thereby reinforce a prevailing legal construal of …
The Nation And Its Heretics: ‘Muslim Citizenship’, State Power And Minority Rights In Pakistan, Sadia Saeed
The Nation And Its Heretics: ‘Muslim Citizenship’, State Power And Minority Rights In Pakistan, Sadia Saeed
Studio for Law and Culture
In 1984, Pakistan’s military ruler General Zia-ul-Haq passed an executive Ordinance that made it a criminal offence for members of the heterodox Ahmadiyya community, a self-defined minority sect of Islam, to refer to themselves as Muslims and practice Islam in public. Ahmadis challenged the 1984 Ordinance in both the Supreme Court and the Federal Shariat Court in Pakistan – in the former on that grounds that the Ordinance violated their constitutionally guaranteed right to freedom of religion and in the latter on the grounds that it violated shari’a. In a clear departure from the Pakistani courts’ earlier rulings on the …
“Corporation Law Is Dead”: The Mystery Of Corporation Law At The Height Of The American Century, Harwell Wells
“Corporation Law Is Dead”: The Mystery Of Corporation Law At The Height Of The American Century, Harwell Wells
Studio for Law and Culture
In 1962, the corporation law scholar Bayless Manning famously wrote that “[C]orporation law, as a field of intellectual effort, is dead in the United States.” Looking back, most scholars have agreed with Manning, concluding that corporation law from the 1940s to the 1970s was stagnant, only rescued from its doldrums by the triumph of the theory of the firm and modern finance in the 1980s. This paper takes a new look at American corporate law during this time, asking why scholars believed corporation law was “dead” at the same time that the American corporation had seized the commanding heights of …
Streaming The International Silver Platter Doctrine: Coordinating Transnational Law Enforcement In The Age Of Global Terrorism And Technology, Caitlin T. Street
Streaming The International Silver Platter Doctrine: Coordinating Transnational Law Enforcement In The Age Of Global Terrorism And Technology, Caitlin T. Street
National Security Law Program
The dramatic expansion of technology and globalization over the last thirty years has not only facilitated transnational terrorist operations, but also has transformed the countermeasures utilized by law enforcement and amplified the need for counterterrorism coordination between foreign and domestic authorities. Crucially, these changes have altered the fourth amendment calculus, set out by the international silver platter doctrine, for admitting evidence seized in U.S.-foreign cooperative searches abroad. Under the international silver platter doctrine, courts admit the evidence gathered by foreign authorities abroad unless the unreasonable search is deemed a "joint venture" between U.S. and foreign authorities. Notably, the legal framework …
Preventive Detention In American Theory And Practice, Adam Klein, Benjamin Wittes
Preventive Detention In American Theory And Practice, Adam Klein, Benjamin Wittes
National Security Law Program
It is something of an article of faith in public and academic discourse that preventive detention runs counter to American values and law. This meme has become standard fare among human rights groups and in a great deal of legal scholarship. It treats the past nine years of extra-criminal detention of terrorism suspects as an extraordinary aberration from a strong American constitutional norm, under which government locks up citizens pursuant only to criminal punishment, not because of mere fear of their future acts. This argument further asserts that any statutory counterterrorism administrative detention regime would be a radical departure from …
"So Vast An Area Of Legal Irresponsibility"? The Superior Orders Defense And Good Faith Reliance On Advice Of Counsel, Mark W.S. Hobel
"So Vast An Area Of Legal Irresponsibility"? The Superior Orders Defense And Good Faith Reliance On Advice Of Counsel, Mark W.S. Hobel
National Security Law Program
This Note argues that the modern superior orders defense represents the most relevant and just paradigm for assessing the potential criminal liability of U.S. interrogators who claim that they were authorized and counseled by government lawyers prior to using techniques that likely constituted torture. However, recent U.S. law, most importantly sections of the Detainee Treatment Act of 2005, constitutes an extension of the superior orders defense as it would apply to interrogators, and may not only fully immunize government officials and agents involved in interrogations, but also disrupt emerging international legal norms surrounding the superior orders defense.
Part I of …
Using Human Rights Mechanisms Of The United Nations To Advance Economic Justice, Risa E. Kaufman, Joann Kamuf Ward
Using Human Rights Mechanisms Of The United Nations To Advance Economic Justice, Risa E. Kaufman, Joann Kamuf Ward
Human Rights Institute
As a growing number of social justice lawyers employ human rights standards and strategies to advocate for their clients. human rights mechanisms of the United Nations have become a promising way for lawyers to work toward economic justice. These mechanisms are not only an alternative to traditional litigation and administrative advocacy but also unique opportunities for collaboration among U.S. civil society groups and engagement with policymakers. Because they are grounded in international human 1ights norms. human rights mechanisms have the potential to deal with social and economic issues beyond the reach of traditional domestic protections. By strategically using these mechanisms. …
Gender Justice In The Americas: A Transnational Dialogue On Violence, Sexuality, Reproduction, And Human Rights University, Human Rights Clinic, Centro De Derechos Humanos De La Universidad Diego Portales, Center For Reproductive Rights
Gender Justice In The Americas: A Transnational Dialogue On Violence, Sexuality, Reproduction, And Human Rights University, Human Rights Clinic, Centro De Derechos Humanos De La Universidad Diego Portales, Center For Reproductive Rights
Human Rights Institute
On February 23-25, 2011, over 100 women's rights, gender, and sexuality advocates and scholars from twenty countries in North, South, and Central America and the Caribbean gathered at the University of Miami in Miami, Florida to attend a groundbreaking convening, Gender Justice in the Americas: A Transnational Dialogue on Violence, Sexuality, Reproduction, and Human Rights. The Convening, hosted by the University of Miami School of Law Human Rights Clinic, University of Diego Portales Human Rights Center, the Center for Reproductive Rights, and Columbia Law School Human Rights Institute, brought together key players in the region to exchange views and …
Cultivating Justice For The Working Poor: Clinical Representation Of Unemployment Claimants, Colleen F. Shanahan
Cultivating Justice For The Working Poor: Clinical Representation Of Unemployment Claimants, Colleen F. Shanahan
Faculty Scholarship
The combination of current economic conditions and recent changes in the United States' welfare system makes representation of unemployment insurance claimants by clinic students a timely learning opportunity. While unemployment insurance claimants often share similarities with student attorneys, they are unable to access justice as easily as student attorneys, and as a result, face the risk of severe poverty. Clinical representation of unemployment claimants is a rich opportunity for students to experience making a difference for a client, and to understand the issues of poverty and justice that these clients experience along the way. These cases reveal that larger lessons …
Federalism Under Obama, Gillian E. Metzger
Federalism Under Obama, Gillian E. Metzger
Faculty Scholarship
At first glance, federalism would seem to have fared poorly under the Obama administration. The administration's signature achievements to date involve substantial expansions of the federal government's role, be it through new federal legislation addressing health insurance and financial sector reform or massive injections of federal spending. Such expansions in the federal government's role frequently translate into restrictions on the states. New federal legislation often preempts prior state regulation, and federal spending often comes with substantial conditions and burdens for the states. Not surprisingly, many state officials have sharply criticized these developments at the federal level, often invoking federalism as …
Family Law Scholarship Goes To Court: Functional Parenthood And The Case Of Debra H. V. Janice R., Suzanne B. Goldberg, Harriet Antczak, Mark Musico
Family Law Scholarship Goes To Court: Functional Parenthood And The Case Of Debra H. V. Janice R., Suzanne B. Goldberg, Harriet Antczak, Mark Musico
Faculty Scholarship
Family law literature, while diverse in its exploration of contemporary families, also offers important threads of consensus. These strong points of coherence, when brought together with relevant case law, can be a useful means of advancing the academic conversation as well as engaging directly with courts to shape the law's development.
In a field as complex as family law, myriad academic viewpoints on any given issue often make it difficult to imagine scholarly discussion having utility for courts. As we aim to show here, however, amicus briefs can be important vehicles for synthesizing the literature, highlighting basic points of consensus …
Measurement, Reporting & Verification Of Chinese Mitigation Commitments, Quiyan Zhao
Measurement, Reporting & Verification Of Chinese Mitigation Commitments, Quiyan Zhao
Sabin Center for Climate Change Law
This paper discusses China's new transparency pledge – MRV as it relates to Chinese mitigation commitments – as laid out in the non-legal binding agreement reached at the United Nations Climate Change Conference in Copenhagen on December 18. 2009. Specifically, this paper compares China’s position on MRV with relevant mechanisms and requirements under the United Nations Framework Convention on Climate Change (UNFCCC), the Kyoto Protocol, the Bali Action Plan, and the Copenhagen Accord. Furthermore, this paper seeks to answer several questions pertinent to the progress and challenges of China’s MRV regime: Are China’s GHGs emissions measured continuously? Are there review …
Legal Implications For The U.S. In Transferring Ccs Technology To China, Amy Ward
Legal Implications For The U.S. In Transferring Ccs Technology To China, Amy Ward
Sabin Center for Climate Change Law
This paper addresses the legal and related political and economic implications for U.S. public and private sector investors, and U.S. CCS technological proprietors, in participating in CCS demonstration projects in China through the provision of investment and technology transfers.
Shopping For State Constitutions: Unequal Gift Clauses As Obstacles To Optimal State Encouragement Of Carbon Sequestration, Nicholas Houpt
Shopping For State Constitutions: Unequal Gift Clauses As Obstacles To Optimal State Encouragement Of Carbon Sequestration, Nicholas Houpt
Sabin Center for Climate Change Law
Carbon capture and sequestration technology (CCS) could drastically reduce CO2 emissions from coal-fired power plants, thereby mitigating climate change. CCS, however, faces a difficult barrier to market entry: liability for the technology’s many long-term risks. States would like to alleviate this long-term liability problem to capture CCS’s social benefits. Some state constitutions, however, have provisions called “gift clauses” that prohibit giving aid to private parties. This Note argues that some state constitutions’ gift clauses prevent indemnification of private CCS developers. As this Note’s fifty state survey shows, other state constitutions allow indemnification. This asymmetry in constitutionally-allowed financial encouragement results in …
A Softer Formalism, Peter L. Strauss
A Softer Formalism, Peter L. Strauss
Faculty Scholarship
As our colleagues have often remarked, Professor John Manning's and my views have moved much closer to each other since I wrote the piece he graciously uses as the stalking horse for unmitigated functionalism, and he more recently established himself as the scholarly spokesperson for Scalian textualism and formalism.
I greatly admire the moderate and exquisitely informed voice of Separation of Powers as Ordinary Interpretation, which deserves the important influence it will doubtless have. The brief thoughts that follow are to suggest only that (as scholars often enough do) he somewhat exaggerates the characteristics of the schools that he …
Privileges Or Immunities, Philip A. Hamburger
Privileges Or Immunities, Philip A. Hamburger
Faculty Scholarship
What was meant by the Fourteenth Amendment's Privileges or Immunities Clause? Did it incorporate the U.S. Bill of Rights against the states or did it do something else? In retrospect, the Clause has seemed to have the poignancy of a path not taken – a trail abandoned in the Slaughter-House Cases and later lamented by academics, litigants, and even some judges. Although wistful thoughts about the Privileges or Immunities Clause may seem to lend legitimacy to incorporation, the Clause actually led in another direction. Long-forgotten evidence clearly shows that the Clause was an attempt to resolve a national dispute about …
Universal Exceptionalism In International Law, Anu Bradford, Eric A. Posner
Universal Exceptionalism In International Law, Anu Bradford, Eric A. Posner
Faculty Scholarship
A trope of international law scholarship is that the United States is an "exceptionalist" nation, one that takes a distinctive (frequently hostile, unilateralist, or hypocritical) stance toward international law. However, all major powers are similarly "exceptionalist," in the sense that they take distinctive approaches to international law that reflect their values and interests. We illustrate these arguments with discussions of China, the European Union, and the United States. Charges of international-law exceptionalism betray an undefended assumption that one particular view of international law (for scholars, usually the European view) is universally valid.
Shouting "Fire!" In A Theater And Vilifying Corn Dealers, Vincent A. Blasi
Shouting "Fire!" In A Theater And Vilifying Corn Dealers, Vincent A. Blasi
Faculty Scholarship
Five years ago, Fred Schauer published an article with the intriguing title: "Do Cases Make Bad Law?" Playing off Holmes' observation that "[g]reat cases like hard cases make bad law," Schauer explored the possibility, as he put it, that "it is not just great cases and hard cases that make bad law, but simply the deciding of cases that makes bad law.” His concern, confirmed and deepened by his characteristically balanced inquiry, was that general principles forged in the resolution of specific legal disputes can suffer by virtue of that provenance. Because such principles by definition are meant to carry …
Inside Out, Elizabeth F. Emens
Inside Out, Elizabeth F. Emens
Faculty Scholarship
Russell Robinson has done it again. With Masculinity as Prison: Sexual Identity, Race, and Incarceration, he has given us another provocative Article, which illuminates a phenomenon in the world and, indirectly, in ourselves. The Article represents much of what generally makes Robinson’s work so compelling. First, he writes about tremendously complex subjects and attends to their many complexities in remarkably lucid prose. Second, despite his critical perspective, he does not hesitate to make prescriptive arguments.
In this Article, he even ventures into the hallowed ground of constitutional argument, something he has not done since his first article on race-based …