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Silent Today, Conversant Tomorrow: Education Adequacy As A Political Question, Yeju Hwang Apr 2024

Silent Today, Conversant Tomorrow: Education Adequacy As A Political Question, Yeju Hwang

Northwestern University Law Review

When the Supreme Court declined to recognize the right to education as one fundamental to liberty, and thus unprotected by the U.S. Constitution, state courts took on the mantle as the next best fora for those yearning for judicial review of inequities present in American public schools. The explicit inclusion of the right to education in each state’s constitution carried the torch of optimism into the late twentieth century. Despite half a century of litigation in the states, the condition of the nation’s public school system remains troubling and perhaps increasingly falls short of expectations. Less competitive on an international …


Climate Change, Corruption, And Colonialism: Solving The Conundrum With Regional Courts, Taylor Nchako Nov 2023

Climate Change, Corruption, And Colonialism: Solving The Conundrum With Regional Courts, Taylor Nchako

Northwestern University Law Review

It is no secret that climate change is the most pressing issue of our times. Global South countries, especially those in Africa, face challenges mitigating the worst impacts of climate change, adapting technological solutions, and continuing to develop their nation’s infrastructure and industry. Cameroon provides an archetypal example of the challenges many African countries face. Plagued by an economy that both exacerbates climate change and stands to collapse from it, Cameroon struggles with corruption that has roots in colonialism and neocolonialism. This corruption taints not only the forestry service and the executive branch, but the judiciary as well, leaving Cameroon’s …


A Tort Statute, With Aliens And Pirates, Eugene Kontorovich Jan 2012

A Tort Statute, With Aliens And Pirates, Eugene Kontorovich

Faculty Working Papers

The pirates of the Caribbean are back. Not in another fantastical film but in the litigation over the reach of the Alien Tort Statute (ATS). For the first time since they dealt with the legal issues raised by a wave of maritime predation in the Caribbean in the early nineteenth century, Supreme Court justices are seriously discussing piracy. This crime has emerged as the test case for evaluating the major controversies about the reach of the statute -- namely, extraterritorial application and the existence of corporate liability. At oral argument in Kiobel v. Royal Dutch Shell, justices of all persuasions …