Law Commons^™

Submission To The United Nations Universal Periodic Review Of Saudi Arabia, Mwatana For Human Rights, Human Rights Clinic

Human Rights Institute

Mwatana Organization for Human Rights (Mwatana) and the Columbia Law School
Human Rights Clinic (the Clinic) jointly submit this report to inform the examination
of Saudi Arabia during its Universal Periodic Review. This submission focuses on
international human rights and humanitarian law concerns related to Saudi Arabia’s
involvement in the war in Yemen.

Comment On U.S. Department Of Health And Human Services Rule, Public Rights/Private Conscience Project

Center for Gender & Sexuality Law

In medical facilities across the country, doctors whose conscience would require them to perform a sterilization on a patient who requests one, offer truthful information about accessing abortion services, or provide comprehensive LGBTQ+ health care are forbidden from doing so by their employer. The conscience of such medical providers is entirely ignored by the U.S. Department of Health and Human Service’s (HHS) recently proposed rule that purports to “ensure that persons or entities” providing health care “are not subjected to certain practices or policies that violate conscience, coerce, or discriminate.” As explained in a comment submitted today by the Columbia …

“First Amendment Defense Act” (Fada) Is Reintroduced In The Senate, Public Rights/Private Conscience Project

Center for Gender & Sexuality Law

New York, March 8, 2018–The Public Rights/Private Conscience Project is dismayed that the deceptively named “First Amendment Defense Act” (FADA) was reintroduced into the U.S. Senate today by Sen. Mike Lee (R-Utah) and 21 Republican co-sponsors, including Sens. Marco Rubio (Fla.), Ted Cruz (Texas) and Orrin Hatch (Utah). Not only is this bill unnecessary to the protection of religious liberty in the United States, its language would be harmful to the constitutional rights of millions of Americans.

Columbia Law School Arbitration Newsletter, Center For International And Commercial Investment Arbitration

Center for International Commercial and Investment Arbitration

This Newsletter is prepared under the flagship of Center for International Commercial & Investment Arbitration (CICIA). The Center has become one of the most active research incubation centres in the realm of international arbitration, both commercial and investor-State, and with this new initiative, we welcome readers to be informed and explore the new avenues available for becoming associated with real time projects that would benefit the readers through greater information and ideas.

Resourcing Green Technologies Through Smart Mineral Enterprise Development: A Case Analysis Of Cobalt, Saleem Ali, Perrine Toledano, Nicolas Maennling, Nathaniel Hoffman, Lola Aganga

Columbia Center on Sustainable Investment Staff Publications

Achieving the goals of the Paris Agreement requires the world to adopt ‘green technologies’ such as renewable energies and electric transportation at an unprecedented scale. While many countries have implemented policies to spur the adoption of such technologies, a lack of focus has been placed on the sourcing of minerals that are required as inputs. As a result, there is likely to be a significant deficit that may constrain the adoption of green technologies.

In this report, we argue that a neglected area in addressing the mineral scarcity challenge is the private sector’s current trajectory for geological mineral exploration and …

Implementing Shared-Use Of Mining Infrastructure To Achieve The Sustainable Development Goals, Perrine Toledano, Nicolas Maennling

Columbia Center on Sustainable Investment Staff Publications

Many of the Sustainable Development Goals will only be achieved if the population has access to basic services, such as access to water, power, transport, and telecommunications. However, in many developing countries there is a lack of infrastructure to guarantee these services and there are insufficient public funds to finance growing needs. In resource-rich countries, the mining sector can play a key role in increasing access to infrastructure. Mining-related infrastructure is often developed to serve the exclusive need of the investors, but if it is shared and developed to serve the broader needs and uses of the host economy it …

Contractarian Theory And Unilateral Bylaw Amendments, Albert H. Choi, Geeyoung Min

Ira M. Millstein Center for Global Markets and Corporate Ownership

Corporate directors have been utilizing a potent mechanism in dealing with shareholder activism and shareholder litigation: the right to unilaterally amend corporate bylaws. Directors have exercised this right, for instance, to impose various requirements on who can nominate a director or call a special shareholder meeting, or to designate an exclusive forum where the shareholders can bring suit. Based on the theory that corporate charters and bylaws constitute a “contract” between the shareholders and the corporation, courts have blessed many of the bylaws that directors have unilaterally adopted. This Article examines the contractarian theory by drawing a parallel between amending …

Shareholder Voice In Corporate Charter Amendments, Geeyoung Min

Ira M. Millstein Center for Global Markets and Corporate Ownership

State corporate laws require shareholder approval for corporate charter amendments, but only the board of directors has the power to propose how to amend charters. The directors’ exclusive power over charter amendment proposals creates a potential for managerial opportunism by refusing to propose amendments that empower shareholders or by pursuing amendments that favor managers. While shareholder approval can theoretically serve as a check against such opportunism, dispersed shareholders’ rational apathy and collective action problems, can also prevent them from being effective monitors. Prior scholarship has thus viewed charter amendments with suspicion, but there has been no systematic, empirical examination to …

Greater Expectations: Strategies For Effective Board Meeting Preparation, Jonathan Kim, Marcel Bucsescu

Ira M. Millstein Center for Global Markets and Corporate Ownership

Directors face an increasingly complex environment in which their businesses operate. That complexity can present opportunities for corporations that adapt, and also places new pressures on boards to respond effectively. One strategy for directors to consider is to adapt their approaches to preparing for board meetings by focusing not just on company specific reporting and decisions, but also by acting as the “eyes and ears” for management on key issues for the company. This article makes practical suggestions for directors to consider as they approach their board meeting preparation with this broader view in mind.

Environmental And Social Sustainability In The Boardroom, Jon Lukomnik

Ira M. Millstein Center for Global Markets and Corporate Ownership

The last 10 years has seen a remarkable shift in the attention and importance of social and environmental issues for public corporations. This has meant an increased focus by boards on these important matters.

Climate change, human rights, corporate political influence, and inequality are just some of the issues that are being raised by shareholders and other stakeholders. As calls for corporate transparency grow, how boards incorporate these issues into their decision making processes, disclose them, and address them from a risk perspective will continue to garner attention.

Seven Additional Principals Of Highly Effective Inspectors General, Glenn A. Fine

Center for the Advancement of Public Integrity (Inactive)

In November 2016, I gave a speech at the annual conference of the Association of Inspectors General about key principles that help to make Inspectors General (IGs) effective. After the speech, Jennifer Rodgers from the Center for the Advancement of Public Integrity at Columbia Law School asked me to convert the speech into an article, which I did. The article entitled, “Seven Principles of Highly Effective Inspectors General,” explained seven principles that I believe apply to the work of IGs at every level of government.

Profile In Public Integrity: Ann Ravel, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Ann M. Ravel was nominated to the Federal Election Commission (FEC) by President Barack Obama on June 21, 2013. After her appointment received the unanimous consent of the United States Senate, Ms. Ravel joined the Commission on October 25, 2013. She served as Chair of the Commission for 2015 and Vice Chair for 2014 before leaving in 2017. Previously, Ms. Ravel served as Chair of the California Fair Political Practices Commission (FPPC), to which Governor Edmund G. Brown, Jr. appointed her. Before joining the FPPC, Ms. Ravel served as Deputy Assistant Attorney General for Torts and Consumer Litigation in the …

The Changing Landscape Of The Capital Markets, Barbara Krumsiek

Ira M. Millstein Center for Global Markets and Corporate Ownership

Much has been made of the rise of activist hedge funds over the past five years. But the shifts in the makeup of the investor community run much deeper than that, impacting both capital formation and capital deployment.

From the proliferation of hedge funds and the emergence of SRI and other new investment strategies, to the massive shift of funds to passive investors, the intermediation of the investment chain, and the concentration of ownership in the largest institutional investors, understanding the trend lines in the capital markets is integral to understanding where governance and the performance of public corporations goes …

The Keys To The Kingdom: Judges, Pre-Hearing Procedure, And Access To Justice, Colleen F. Shanahan

Faculty Scholarship

Judges see themselves as – and many reforming voices urge them to be – facilitators of access to justice for pro se parties in our state civil and administrative courts. Judges’ roles in pro se access to justice are inextricably linked with procedures and substantive law, yet our understanding of this relationship is limited. Do we change the rules, judicial behavior, or both to help self-represented parties? We have begun to examine this nuanced question in the courtroom, but we have not examined it in a potentially more promising context: pre-hearing motions made outside the courtroom. Outside the courtroom, judges …

Raising The Bar: Reducing Conflicts Of Interest And Increasing Transparency In District Attorney Campaign Fundraising, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

The Center for the Advancement of Public Integrity at Columbia Law School (CAPI) conducted a review of the campaign fundraising practices of Manhattan District Attorney Cyrus Vance, Jr. at his request. Our review, as described in this report, encompassed research on relevant laws, regulations, and guidelines, as well as interviews with relevant stakeholders and subject matter experts, and culminates with recommended improvements to district attorney fundraising policies and procedures that are designed to address the problems of actual conflicts of interest, potential conflicts of interest that raise appearance issues, and unconscious bias, that may arise when campaign contributors also have …

The Corruption And Human Rights Connection: Government Acquiescence In Torture, Edward Popovici

Center for the Advancement of Public Integrity (Inactive)

Corruption has human rights consequences. That was the conclusion of a 2009 study by the International Council on Human Rights Policy and Transparency International and it is a conclusion that the 9th Circuit implicitly reached in Parada v. Sessions, a review of a dismissal of asylum case decided on August 29th, 2018. Despite the fact that such a conclusion enjoys widespread support, courts have been slow to recognize the relationship between corruption and human rights abuses. Parada v. Sessions represents an effort by the 9th Circuit to give legal cognizance to the corruption-human rights link. The holding of the …

Corruption By Card: How Police Association Cards Allow Law Enforcement To Cloak Self-Dealing As Discretion​, Andrew Kuntz

Center for the Advancement of Public Integrity (Inactive)

Law enforcement abuse their discretion by providing favorable treatment to individuals that demonstrate a relationship to the law enforcement community. Private organizations affiliated with law enforcement have capitalized on this by creating association cards which are distributed by members to friends, family members, and others. Card holders present the card during encounters with law enforcement to signal that they have a relationship with law enforcement, with the expectation that they will receive favorable treatment. Though the cards have no formal authority behind them, strong norms in the law enforcement community punish officers that fail to honor them. Because the cards …

The Constitution Comes To The County Unit: Georgia’S State Level Electoral College, David Crockett

Center for the Advancement of Public Integrity (Inactive)

As Prof. Akhil Amar outlines in his work, America’s Constitution: A Biography, the Philadelphia Plan and its outline of a stronger executive power inspired replication on the state level. States from Massachusetts to Georgia strengthened the power of their governors, with many granting them independent elections and a veto pen. Over time, most states replicated the Federal terms of office, and currently all but two states hold quadrennial gubernatorial elections balanced with biennial or other staggered legislative terms. Yet, even as many states replicated features of Article II, from the veto to the establishment of “supreme executive power,” nearly …

Transformative Change At Rikers Island And Beyond: The Department Of Investigation’S Campaign To Clean Up The Nyc Department Of Correction, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Since 2014, Commissioner Mark G. Peters has led the New York City Department of Investigation (DOI) in a wide-ranging campaign to root out fraud, waste, and abuse in the Department of Correction (DOC), focusing primarily on problems in the areas of DOC leadership and the city jails on Rikers Island. This heightened scrutiny came in response to revelations of widespread abuse in New York City’s jails–especially on Rikers Island. As a result of DOI’s efforts, over three dozen correction officers and other DOC staff have been arrested since 2014, and DOC top leadership has been replaced. As recently as February …

Funding Integrity: Comparing Inspector General Funding Approaches, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

It is a truth universally acknowledged that inspectors general require adequate funding to effectively perform their duties. Whether or not funding is adequate depends on the funding mechanism, but no particular method for budgetary allocations is used universally. CAPI reviewed different approaches throughout the country to better understand how budgets for inspectors general offices are set. This issue brief describes four different budget approaches used in various jurisdictions and examines their pros and cons. The Appendix lists the offices examined and provides information on their funding methods.

A Diagnostic Of Urban Corruption In Mexico, Ana Grajales, Paul Lagunes, Tomas Nazal

Center for the Advancement of Public Integrity (Inactive)

In spite of the promises of urban life, cities are no panacea. Their governments have been known to promote policies that disadvantage the poor and other vulnerable residents (Piccato 2001). In the developing world, urban population growth can result in overcrowding (Abu-Lughod 2004), and the worsening of environmental problems (Molina and Molina 2002). Criminality and violence are additional concerns (Caldeira 2000 ; Moncada 2009). In Mexico, between 2006 and 2017, more than one-hundred mayors were murdered in the context of an ongoing drug war (Valencia 2017).

The New York State Commission On Prosecutorial Conduct, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

On August 20th, 2018, Governor Cuomo signed into law a bill that created the nation’s first state commission on prosecutorial conduct (the “Commission”). Since its inception, the law has elicited strong opposition from prosecutors and prosecutorial groups and equally fervent advocacy among members of the New York defense bar and other supporters. Supporters claim that the law is an invaluable tool in the fight against unethical prosecutorial conduct, while opponents such as the District Attorneys Association of the State of New York (“DAASNY”) claim that the law violates both the New York State and U.S. Constitution. On October 17, 2018, …

Implementation Of The Global Magnitsky Act, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

The Global Magnitsky Act is an expansion of the Russia and Moldova Jackson-Vanik Repeal and Sergei Magnitsky Rule of Law Accountability Act of 2012 (the “Magnitsky Act”). The original statute enabled the U.S. government to sanction individuals from the Russian Federation for torture, extrajudicial killings, and other human rights violations. The bill was named after Sergei Magnitsky, a Russian lawyer who died in prison from police abuse and neglect after exposing fraud by members of the Russian government. The Global Magnitsky Act expands the scope of potential sanctions from covering just Russian nationals to covering persons worldwide who engage in …

Corruption And The 2018 Mexico Election, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

The 2018 Mexican election was the largest in the country’s history, with more than 3,400 legislative seats open nationwide in addition to the presidency. The election, held on July 1, 2018, presented voters an opportunity to voice their frustration with the ongoing corruption scandals in Mexico’s government.

The Netanyahu Investigations, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Benjamin Netanyahu is the current and longest serving Israeli Prime Minister. He has held office for 12 years, most recently from 2009 to present, and previously between the years of 1996 and 1999. As chairman of the right-wing Likud Party, Prime Minister Netanyahu has led a conservative and defense focused coalition in Israel’s parliament. His career in public service has also included time spent as the Minister of Finance from 2003-2005, the Minister of Foreign Affairs from 2002-2003, and as Ambassador of Israel to the United Nations from 1984-1988.

United States V. Pawlowski: Prosecuting Corruption In A Post-Mcdonnell World, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Edwin “Ed” Pawlowski is the former mayor of Allentown, Pennsylvania. Pawlowski first became mayor in 2006, and he held the office until his resignation on March 9, 2018, when he was found guilty of 47 charges in total:

• one count of conspiracy,
• eleven counts of federal program bribery,
• two counts of attempted extortion,
• six counts of mail fraud,
• nine counts of wire fraud,
• two counts of honest services mail fraud,
• six counts of honest services wire fraud,
• seven counts of making false statements to federal officials,
• and three counts of Travel Act bribery.

The Aftermath Of The Senator Menendez Trial And Implications For Bribery Cases, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Robert “Bob” Menendez is a United States Senator from New Jersey. He was appointed to the Senate in 2006, and is the senior Democrat on the Senate Foreign Relations Committee, having been reinstated after his recent criminal trial. He is also a member of the Senate Banking, Housing, and Urban Affairs Committee and the Finance Committee. Between 1993 and 2006, Menendez represented New Jersey’s 13th district in the United States House of Representatives.

Profile In Public Integrity: Jaime Torres Melo, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Jaime Torres-Melo is the Veedor (Ombudsman) of the city of Bogotá. The Veeduría Distrital is responsible for citizen oversight, corruption prevention, procurement controls, accountability and handling complaints and claims in the district and local administrations within the city. The agency seeks to promote citizen oversight, improve public management in Bogotá and increase the efficiency and effectiveness of public policies. Jaime holds a MSc. in Development Management from The London School of Economics (LSE). Jaime has been a professor at several universities and held a number of positions within the non-governmental sector and the Colombian government, among other roles.

Profile In Public Integrity: Karl Racine, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Attorney General Karl A. Racine is the first elected Attorney General of the District of Columbia. With his inauguration at the beginning of 2015, the Office of the Attorney General (OAG) began an era of independence for the agency and accountability to District residents. As the chief legal officer for the District of Columbia, Attorney General Racine relies on his prior legal and leadership experience as a public defender and the first African-American managing partner of a top-100 US law firm, Venable LLP, to advise the Mayor and District agencies, defend the city in court and use the law to …

Robert Ferguson: A Man For All Seasons, Brett Dignam

Faculty Scholarship

Professor Robert Ferguson enriched all of our lives. The man lived by and luxuriated in words. They are important to all of us, but they had a particularly magical significance to Robert. He chose them carefully, crafted their construction, and gloried in their rhythm. He encouraged all of us – his colleagues, students, friends, and (most recently) correspondents from prison – to articulate our thoughts. He listened to and scrutinized the words of others with impeccable care.