Law Commons^™

Moby-Dick As Corporate Catastrophe: Law, Ethics, And Redemption, David Yosifon

Faculty Publications

Herman Melville’s Moby-Dick serves here as a vehicle through which to interrogate core features of American corporate law and excavate some of the deeper lessons about the human soul that lurk behind the pasteboard mask of the law’s black letter. The inquiry yields an illuminating vantage on the ethical consequences of corporate capital structure, the law of corporate purpose, the meaning of voluntarism, the ethical stakes of corporate fiduciary obligations, and the role of lawyers in preventing or facilitating corporate catastrophe. No prior familiarity with the novel or corporate law is required.

Obergefell, Masterpiece Cakeshop, Fulton, And Public-Private Partnerships: Unleashing V. Harnessing 'Armies Of Compassion' 2.0?, Linda C. Mcclain

Faculty Scholarship

Fulton v. City of Philadelphia presented a by-now familiar constitutional claim: recognizing civil marriage equality—the right of persons to marry regardless of gender—inevitably and sharply conflicts with the religious liberty of persons and religious institutions who sincerely believe that marriage is the union of one man and one woman. While the Supreme Court’s 9-0 unanimous judgment in favor of Catholic Social Services (CSS) surprised Court-watchers, Chief Justice Roberts’s opinion did not signal consensus on the Court over how best to resolve the evident conflicts raised by the contract between CSS and the City of Philadelphia. This article argues that it …

Current Complications In The Law On Myths And Stereotypes, Lisa Dufraimont

Articles & Book Chapters

Myths and stereotypes represent an ongoing problem in Canadian sexual assault trials. Often, and paradigmatically, defence lawyers and trial judges rely on discredited sexist assumptions to the prejudice of female sexual assault complainants. However, a review of the recent appellate case law reveals many cases that do not fit this paradigm. Complications that have arisen include stereotypes about men or accused persons, legitimate defence arguments misidentified as stereotypes, close cases where reasonable people disagree about whether stereotypes have been invoked, and prejudicial forms of reasoning based other axes of discrimination. This paper surveys these developments and assesses an attempt by …

Hearing On “Stablecoins: How Do They Work, How Are They Used, And What Are Their Risks?” Before The U.S. Senate Committee On Banking, Housing, And Urban Affairs, Hilary J. Allen

Congressional and Other Testimony

THE COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS will meet in OPEN SESSION, HYBRID FORMAT to conduct a hearing entitled “Stablecoins: How Do They Work, How Are They Used, and What Are Their Risks?” The witnesses will be: Ms. Alexis Goldstein, Director of Financial Policy, Open Markets Institute; Mr. Dante Disparte, Chief Strategy Officer and Head of Global Policy, Circle; Ms. Jai Massari, Partner, Davis Polk & Wardwell, LLP; and Professor Hilary J. Allen, American University Washington College of Law

The Law On Christmas, Daniel A. Crane

Other Publications

As every jurist knows, there is a vast body of law about Christmas. For instance, every municipal bureaucrat knows that it’s quite alright to display the Holy Child en crèche so long as He’s adequately trivialized by “Santa’s sleigh; a live 40–foot Christmas tree strung with lights; statues of carolers in old-fashioned dress; candy-striped poles; a ‘talking’ wishing well; a large banner proclaiming ‘SEASONS GREETINGS’; a miniature ‘village’ with several houses and a church; and various ‘cut-out’ figures, including those of a clown, a dancing elephant, a robot, and a teddy bear.” There are cases about dangerous Christmas ornaments, whether …

Undersea Cables: The Ultimate Geopolitical Chokepoint, Bert Chapman

FORCES Initiative: Strategy, Security, and Social Systems

This work provides historical and contemporary overviews of this critical geopolitical problem, describes the policy actors addressing this in the U.S. and selected other countries, and provides maps and information on many undersea cable work routes. These cables are chokepoints with one dictionary defining chokepoints as “a strategic narrow route providing passage through or to another region."

Comment On Proposed Regulation: Prudence And Loyalty In Selecting Plan Investments And Exercising Shareholder Rights, David H. Webber

Shorter Faculty Works

In my view, while it is a significant improvement over its predecessor, the proposed rule’s persistent relegation of job creation/preservation to the status of mere “collateral benefit” is a mistake and undermines ERISA’s duty of loyalty. In reality, job creation and preservation are inextricably linked to fund financial health. Relegating that fact to a mere collateral benefit means trustees fail to consider the effect on a pension of investing in projects that eliminate the jobs of the fund’s own participants, or ignore the benefit of creating new jobs and thereby new pension contributors. This runs counter to President Biden’s executive …

Ndls Communicator: Week Of 12.13.21, Notre Dame Law School

NDLS Communicator

The Latest News

• John Templeton Foundation awards $2.1 million grant to ND Law’s Religious Liberty Initiative
• ND Law’s IP & Entrepreneurship Clinic settles in at Innovation Park
• ND Stories podcast: Proving Innocence
• Nicole Garnett on Carson v. Makin Supreme Court case
• Other Carson v. Makin news briefs
• Faculty on Dobbs v. Jackson Supreme Court case
• Carter was on the National Constitution Center's We the People podcast, "The Dobbs v. Jackson Case – Part 2."
• Rick was a panelist in "Courthouse Steps Oral Argument Webinar: Dobbs v. Jackson Women's Health Organization" sponsored by the Federalist Society."
• Barry Cushman on the Pacific …

Gamage, Lederman Sign Letter Of Support For Billionaires Income Tax, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

No abstract provided.

Audiovisual Metadata Platform Pilot Development (Amppd), Final Project Report, Jon W. Dunn, Ying Feng, Juliet L. Hardesty, Brian Wheeler, Maria Whitaker, Thomas Whittaker, Shawn Averkamp, Bertram Lyons, Amy Rudersdorf, Tanya Clement, Liz Fischer

Copyright, Fair Use, Scholarly Communication, etc.

This report documents the experience and findings of the Audiovisual Metadata Platform Pilot Development (AMPPD) project, which has worked to enable more efficient generation of metadata to support discovery and use of digitized and born-digital audio and moving image collections. The AMPPD project was carried out by partners Indiana University Libraries, AVP, University of Texas at Austin, and New York Public Library between 2018-2021.

The Responsibility To Protect And Syria- Looking At The Future Of Humanitarian Intervention, Nikola Jana Trahan

Honors Projects

This thesis assesses the legality of humanitarian intervention in the context of the Syrian Civil War. It specifically investigates the international legal principle the Responsibility to Protect (R2P)" and critiques it. "

Comparing Experiences Of Constitutional Reforms To Enshrine The Right To Water In Brazil, Colombia, And Peru: Opportunities And Limitations, Lara Côrtes, Camila Gianella, Angela M. Páez, Catalina Vallejo Piedrahíta

Public Administration Faculty Research

In this paper we compare recent efforts towards the constitutionalization of the right to water in Brazil, Colombia, and Peru to understand the opportunities and limitations related to the attempts to enhance access to piped water to the highest normative level. Peru passed a constitutional amendment in 2017 while Brazil and Colombia have seen much right-to-water activism but have not succeeded in passing such reforms. We explore the role of the existing domestic legal frameworks on drinkable water provision and water management towards the approval of constitutional amendments. We find that all three countries have specialized laws, water governing institutions, …

Stop Calling Kyle Rittenhouse A Hero. He Killed Two Unarmed People, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Cardozo Law News Brief: December 9, 2021, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2021

Featured Faculty:

• Jessica Roth
• Kate Shaw
• Alexander A. Reinert
• Kate Levine
• Deborah Pearlstein
• Michel Rosenfeld
• Edward Zelinsky

Campus News:

• Punishment Without Trial: Burns Center Hosts Virtual Book Talk on the Implications of Plea Bargaining

User Rights In Canadian Copyright Law, David Vaver

Conference Papers

It is very kind of you to invite me to talk about User Rights at the Association’s Copyright Symposium. In ancient times, symposia were occasions to discuss and debate matters of great moment, to the accompaniment of copious food, wine, and revelry. Zoom of course limits the conduct of this symposium but I hope participants will take the ancient precedent to heart at their end of their internet connection. Sometimes a symposium would wait until the hunt for a wild boar was over before starting. I hope that was not the motive behind your organizers hunting me down for this …

Access To Justice For Refugees: How Legal Aid And Quality Of Counsel Impact Fairness And Efficiency In Canada’S Asylum System, Craig Damien Smith, Sean Rehaag, Trevor C. W. Farrow

Canadian Forum on Civil Justice

This report presents findings from a study exploring relationships between refugee legal aid, quality of counsel, the fairness and efficiency of asylum procedures, and access to justice for refugee claimants in Canada. Legal scholars, jurists and legal associations across Canada have recognized an access to justice “crisis”. The crisis extends to refugee claimants, and is exacerbated by unique vulnerabilities and barriers to justice. This report defines access to justice for refugee claimants in Canada as early and affordable access to high-quality legal representation to both prepare claims and appear before the Immigration and Refugee Board, without systemic or economic barriers; …

Raybon Et Al., Order On Motion For Protective Order, John J. Goger

Georgia Business Court Opinions

No abstract provided.

Indiana Law’S Lubin, Sun Help Advise Kosovo Government On Country’S Cybersecurity Act, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

No abstract provided.

Rearguard Or Vanguard? A New Look At Canada’S Constitutional Act Of 1791, Philip Girard

Articles & Book Chapters

The Constitutional Act 1791, which provided representative governments to Upper and Lower Canada, has often been regarded as a reactionary document. Here, a comparison with the constitutions of the eastern colonies of British North America as well as the pre-revolutionary constitutions of the Thirteen Colonies reveals a variety of ways in which the 1791 Act was more liberal and more committed to the popular element of the constitution than its comparators. The significance of the statutory form of the 1791 Act is emphasised and contrasted with the much less secure position of the popular element under prerogative constitutions. Significant concessions …

Obligations In A Global Health Emergency - Authors' Reply, Ezekiel J. Emanuel

Sturm College of Law: Faculty Scholarship

No abstract provided.

The Arkansas Code And Georgia V. Public.Resource.Org, Daniel Bell

Arkansas Law Notes

The United States Supreme Court decided Georgia v. Public.Resource.Org, Inc. (“PRO”) in late April, 2020, a case with major implications for those who rely on the Arkansas statutes. The case addressed whether extra materials Georgia includes in its official statutes, the annotations, can be copyrighted, or if they are in the public domain and can be freely distributed without permission. The case pitted two important competing interests against each other: the ability of citizens to freely access the official versions of laws of their state, versus the interests of a third-party publisher in being compensated for its work. Arkansas produces …

Nathan Chapman, Gerald B. Tjoflat

Special Collections

A discussion with Judge Tjoflat regarding litigation tactics, ethics, and the growth of magistrates’ system.

Classrooms Into Courtrooms, Naomi M. Mann

Faculty Scholarship

The federal Department of Education’s (DOE) 2020 Title IX Rule fundamentally transformed the relationship between postsecondary schools (schools) and students. While courts have long warned against turning classrooms into courtrooms, the 2020 Rule nonetheless imposed a mandatory quasi-criminal courtroom procedure for Title IX sexual harassment investigatory proceedings in schools. This transformation is a reflection of the larger trend of importing criminal law norms and due process protections into Title IX school proceedings. It is especially regressive at a time where calls for long-overdue criminal justice reform are reaching a boiling point across the nation. Its effects are especially troubling because …

New Book From India Thusi Explores Conflicts Between Sex Work And Policing In Johannesburg, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

No abstract provided.

Debating Disability Disclosure In Legal Education, Jasmine E. Harris

All Faculty Scholarship

No abstract provided.

Community-Based Rehabilitation's Effectiveness In Reducing Singapore Juvenile Recidivism, Denzil Neo, June Hyuk Lee, Mervin Xin Hong Chew, Munisraj Sarfoji, Timothy Prakash

Introduction to Research Methods RSCH 202

Singapore's juvenile recidivism rate has climbed by around 5% since 2013, putting the country at risk of increased youth crime. With several mandatory rehabilitative programmes classified into two categories, Community-Based Rehabilitation (CBR) and Institutional-Based Rehabilitation (IBR), it is unclear whether the mandatory individual rehabilitative programmes for offenders were actually effective in achieving their corrective goals. This proposal would undertake a regression analysis to compare the effectiveness of CBR and IBR programmes utilizing secondary data gathered by the Ministry of Social and Family Development (MSF) and primary data from a survey. The survey will provide previously unstudied insights into the offender's …

Cardozo Law News Brief: December 2, 2021, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2021

Featured Faculty:

• Myriam Gilles
• Pamela Foohey
• Jessica Roth
• Ekow N. Yankah
• Kate Shaw
• Gabor Rona
• Jocelyn Getgen Kestenbaum
• Ngozi Okidegbe
• Deborah Pearlstein
• Alexander A. Reinert
• Edward Zelinsky

Campus News:

• Innocence Project Wins Historic Victory, Overturning Conviction of Two Men in Malcolm X Killing

Events:

• Follow the Law, Break the Mold: An Interview with Sarah Feingold, Etsy’s First General Counsel

Delegation And The Continuity Thesis, Andrew S. Gold

Faculty Scholarship

No abstract provided.

Investment Governance In Africa To Support Climate Resilience And Decarbonization, Martin Dietrich Brauch, Brenda Akankunda

Columbia Center on Sustainable Investment Staff Publications

African nations have only marginally contributed to global warming relative to developed and emerging economies in the Americas, Asia, and Europe. However, the African continent will bear a disproportionate burden of the negative impacts of climate change. Climate-related challenges like flooding, drought, and intense heat waves will increasingly confront the continent at a worsening rate. African nations should not be expected to take the lead in addressing a climate emergency they did not create. The priority for Africa is to receive support and investment to build resilience and adapt to climate impacts.

Primer On International Investment Treaties And Investor-State Dispute Settlement, Columbia Center On Sustainable Investment

Columbia Center on Sustainable Investment Staff Publications

What is Foreign Direct Investment (FDI)? FDI occurs when an individual or corporation in one country (“home state”) sets up or buys all or a significant part of a company that is incorporated in a different country (“host state”). Companies invest abroad to access land-based resources including mining, more affordable labour for instance in manufacturing, and new markets, among other reasons. Many countries seek to attract FDI in order to realize benefits in the form of tax revenues, technology transfer, jobs, and other economic linkages. The images below illustrate the concept of FDI, as well as some of the sectors …