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New Hurdles To Redistricting Reform: State Evasion, Moore, And Partisan Gerrymandering, Manoj Mate

Journal Articles

Proponents of fair districting reforms continue to face challenges in seeking to address the problem of partisan gerrymandering. Even in states that have successfully enacted redistricting reforms, state actors have been able to evade compliance, and state courts have been unable to guarantee fair districts. In addition, the Supreme Court’s decision in Moore v. Harper could also limit state court efforts to guarantee fair districts. This Article argues that state evasion and Moore threaten to undermine the efficacy of fair districting norms recognized by state courts or enacted through either state political processes. Moore could create a one-way ratchet by …

Climate Zoning, Christopher Serkin

Vanderbilt Law School Faculty Publications

As the urgency of the climate crisis becomes increasingly apparent, many local governments are adopting land use regulations aimed at minimizing greenhouse gas (GHG) emissions. The emerging approaches call for loosening zoning restrictions to unlock greater density and for strict new green building codes. This Article argues that both approaches are appropriate in some places but not in others. Not all density is created equal, and compact multifamily housing at the urban fringe may actually in- crease GHG emissions. Moreover, where density is appropriate, deregulation will not necessarily produce it. And, finally, green building codes will increase housing costs and …

Transformasi Dan Marginalisasi Masyarakat Adat: Suku Ata Modo Di Tengah Hegemoni Pengembangan Pariwisata Taman Nasional Komodo (Transformation And Marginalization Of Indigenous Communities: The Ata Modo Tribe's Experience Amidst The Hegemony Of Komodo National Park Tourism Development), Arif Putra Pratama, Avicenna Elang Chandra, Noor Risa Isnanto, An Nuur Khairune Nisa

The Indonesian Journal of Socio-Legal Studies

The massive development of tourism in Komodo National Park (KNP) has had a signi;icant impact on the local community there, in this case the Ata Modo Tribe. This tribe is a local tribe that has remained silent for a long time and was formed on Komodo Island long before the Komodo National Park was established. They have also lived side by side with the endangered Komodo dragon for decades and tried to maintain their culture and customs amidst the existence of KNP tourism development. This research tries to answer what cultural potential is still maintained by the Ata Modo Tribe, …

Black Girls Youth Participatory Action Research & Pedagogies, Kimberlé W. Crenshaw, Venus E. Evans-Winters

Faculty Scholarship

More than a decade ago, as a group of anti-racist and feminist researchers, including one of the authors, set out to survey the landscape of the schooling experiences of Black girls, we encountered a pronounced knowledge desert that threatened research-informed policy interventions that served to protect Black girls. Most research at the time focused on the educational experiences of male, female, or Black students. There was hardly any readily available data on the school-based outcomes of Black girls as a specific group of students with a unique set of experiences. In Black Girls Matter: Pushed Out, Overpoliced, & Underprotected (Crenshaw, …

Show Me The Green: The Battle For Investor Trust In Esg Funds, Benjamin R. Lukas

Duke Law Journal

Environmental, social, and governance (“ESG”) funds enable earnest investors to align their money with their values. Some believe that ESG funds can promote a more sustainable and just economy by encouraging companies to adopt better practices and by divesting from those that do not. Others expect that funds with limited carbon exposure will outperform as climate change imposes regulatory and financial risks on carbon-intensive industries. Research suggests that younger investors overwhelmingly support the idea behind ESG investing; one-third even report a willingness to forgo 10 percent or more of their retirement savings to protect the environment.

Unfortunately, ESG products also …

Foreword

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Dizzying: An Introduction, David A. Westbrook

Buffalo Law Review

No abstract provided.

On Preparing The Soil For Rain, Errol Meidinger

Buffalo Law Review

This Essay examines several possibilities for improving our thinking about the vexing, multifaceted problem of revitalizing languishing regions of the United States. Its jumping-off point is an important work of socio-economiclegal history: While Waiting for Rain: Community, Economy, and Law in a Time of Change, by John Henry Schlegel. The book seeks to understand the steady decline of US regional economies, particularly Buffalo, following a period of relatively high prosperity from World War II through the 1950s; its tandem question is how those economies might be revived. Based on a very full and rich exposition, Schlegel argues that, like farmers …

Kekosongan Normatif Permainan Video Dalam Undang-Undang Nomor 28 Tahun 2014 Tentang Hak Cipta, Abdulatief Zainal

Technology and Economics Law Journal

Perkembangan hak kekayaan intelektual yang terjadi secara global terjadi pula di Indonesia yang dibuktikan dengan lahirnya UU No. 28 Tahun 2014 yang mencabut dan menggantikan UU No. 19 Tahun 2002. Salah satu pengaturan baru yang ditemukan dalam UU No. 28 Tahun 2014 dan tidak ditemukan dalam UU No. 19 Tahun 2002 maupun peraturan perundang-undangan terdahulunya adalah munculnya permainan video sebagai jenis ciptaan baru yang dilindungi oleh hak cipta sebagaimana diatur dalam Pasal 40 ayat (1) huruf r, UU No. 28 Tahun 2014. Kemunculan tersebut merupakan suatu bentuk kemajuan hukum terlebih mengingat Indonesia menjadi satu-satunya negara yang secara eksplisit menyebutkan dan …

Exclusive Legal Personality Of States In East Asia And The Legacy Of Bandung Pragmatism, Tetsuya Toyoda

Indonesian Journal of International Law

One of the significance of the Bandung Conference was the down-to-earth realism. The People's Republic of China (PRC) was among the major promoters of the conference, despite its mostly unrecognized status in the international community. The exclusive legal personality is the central tenet of the modern system of international law, where non-sovereign entities are strictly discriminated against sovereign ones. The introduction of international law in East Asia in the late-nineteenth century was particularly troublesome with the eventual denial of legal personality of semi-sovereign entities, such as the kingdom of Lew Chew, the Joseon dynasty, or the government of Tibet. East …

To Catch The Cheshire Cat: Freezing Injunction Jurisdiction At The Click Of A Mouse, King Fung Tsang, Pierce Lai

Washington International Law Journal

Since its emergence in 1975, the English freezing injunction has grown to have a robust and global extraterritorial reach, but its exercise in extreme cases is jurisdictionally unsound. The “real connecting link” between assets and forum required for the grant of a worldwide freezing order in aid of foreign proceedings has become significantly looser, notably with an element of fraud acting as catalyst. This jurisdictional link is further weakened by the receding of reciprocity imperatives between the United Kingdom and member states of the European Union following Brexit. In its place is the enforcement principle, enabling a high degree of …

International Tribunals Approach Toward Maritime Boundaries Delimitation Of An Archipelagic State, Gulardi Nurbintoro

Indonesian Journal of International Law

One of the most prominent features of the United Nations Convention on the Law of the Sea (UNCLOS) is the recognition of the archipelagic State concept, embodied under Part IV of the Convention. Since the entry into force of the Convention, more than 20 countries have claimed archipelagic State status, all of which are developing countries. Despite the considerable number of archipelagic States and a universal recognition of the concept, judicial jurisprudence remains very limited, if not non-existent, with respect to practices of archipelagic States pertaining to maritime boundaries delimitation. Up to the writing of this abstract, only two maritime …

Today’S Pirates: Biopiracy, Biotech, And The International Frameworks That Are Not Up To The Challenge., Katy Rotzin

UC Law Science and Technology Journal

This paper analyzes biopiracy and its effects on Indigenous populations through case studies on specific incidences of biopiracy, and an analysis of modern day agro-neocolonialism, seed piracy, and advances in biotech that are changing modern patent landscapes. This paper suggests that current international frameworks are failing to defend against widespread biopiracy due to ineffective cross-cultural application of relevant treaties and differing domestic approaches to intellectual property frameworks. This paper examines the World Intellectual Property Organization, the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights, The Convention on Biological Diversity, The Bonn Guidelines, and The Nagoya Protocol. This …

A Look Into Nagpra: Application, Issues, And The Future, Gabrielle Despain

Wyoming Law Review

During Colonization, American Indian tribes lost homes, language, and culture. The Native American Grave Protection and Repatriation Act (NAGPRA) was passed to help rebuild the relationship with American Indian tribes after it had been destroyed during colonization. NAGPRA sets forth laws regarding the repatriation of remains and cultural objects which are being held in museums and by federal agencies. The legislative history behind this act shows Congress worked hard to find the best device to help with repatriation. However, NAGPRA’s language left holes in the law which led to different issues argued in litigation. Many American Indians began feeling that …

Containerization Of Seafarers In The International Shipping Industry: Contemporary Seamanship, Maritime Social Infrastructures, And Mobility Politics Of Global Logistics, Liang Wu

Dissertations, Theses, and Capstone Projects

This dissertation discusses the mobility politics of container shipping and argues that technological development, political-economic order, and social infrastructure co-produce one another. Containerization, the use of standardized containers to carry cargo across modes of transportation that is said to have revolutionized and globalized international trade since the late 1950s, has served to expand and extend the power of international coalitions of states and corporations to control the movements of commodities (shipments) and labor (seafarers). The advent and development of containerization was driven by a sociotechnical imaginary and international social contract of seamless shipping and cargo flows. In practice, this liberal, …

Billion-Dollar Exposure: Investor-State Dispute Settlement In Mozambique’S Fossil Fuel Sector, Lea Di Salvatore, Maria Julia Gubeissi

Columbia Center on Sustainable Investment

Alongside preparing for climate change, Africa should invest in the zero-carbon future, avoiding locking itself into the declining fossil fuel–based economy while taking advantage of the opportunities presented by decarbonization. However, investment treaties and investor–state dispute settlement (ISDS) hinder, rather than catalyze, the transition to climate-friendly investment opportunities. This report shows how Mozambique’s international investment agreements and publicly available oil, gas, and coal contracts allow foreign investors to bypass the national judicial system and bring multi-billion-dollar ISDS claims against Mozambique. Such claims can result in significant costs for the country, and they also have a chilling effect on new public-interest …

Harms From Concentrated Industries: A Primer, Denise Hearn

Columbia Center on Sustainable Investment

Market concentration within sectors and across global value chains has increased in recent years, leading to new scholarship on the benefits and harms of concentrated industries. The macroeconomic effects of market concentration, and its effects on stakeholders like workers, consumers, and citizens, will significantly impact the achievement of the SDGs. Read CCSI's primer on the Harms from Concentrated Industries here.

Rethinking The Cafta-Dr: Addressing Implementation Gaps For Sustainable Commonity Production, Maggie Laing

Wyoming Law Review

This Comment evaluates the level of equality in the trade relationship between the United States (the U.S.) and Guatemala under the Central America-Dominican Republic Free Trade Agreement (the CAFTA-DR). Guatemala has the largest economy in Central America and is a major agricultural exporter to the U.S.; despite this, Guatemala suffers from high levels of poverty, inequality, and corruption that particularly affect its indigenous and rural populations. The CAFTA-DR is the best tool to address the inequalities between the U.S. and Guatemala. However, the CAFTA-DR does not balance the competing interests of commodity production, nor does it consider the unequal capacity …

The Long And Short-Run Spatial Impacts Of Trade, Lin Ma, Yunlong Song, Yang Tang

Research Collection School Of Economics

We explore how the spatial impacts of trade evolve over time using a dynamic spatial model that incorporates capital accumulation and skill acquisition. We show that in the short run, the spatial impacts of trade mainly depend on the initial conditions, especially the endowments of physical and human capital across locations. However, in the long run, trade shocks shape the distribution of production factors across space through factor accumulation and migration, resulting in significantly different spatial impacts. In the context of China’s WTO accession, we find that international trade is seven times more effective in driving the population towards coastal …

Public Offices In Processes Of Constitutional Development, J.G. Allen

Research Collection Yong Pung How School Of Law

What factors drive constitutional change and sustain positive transformation? How are democratic values recognised, restored, and preserved through constitutional change? How can these questions be answered in a manner that is relevant to most of the world? This collection brings together leading and emerging scholars and practitioners to explore the relationship between democratic consolidation and constitutional endurance through consideration of recent experiences in seven African and Asian states that have undergone an understudied democratising event in the past decade: Ethiopia, The Gambia, Malaysia, Maldives, Myanmar, Sri Lanka, and Thailand. Building on the empirical surveys, seven thematic chapters offer analytical insights …

Whither Affirmatively Furthering Fair Housing In New York? The Affh Mandate In An Era Of Land Use Reform, Timothy Gentles

Cardozo Law Review

New York is experiencing a severe housing affordability crisis. This crisis is driven by a housing supply shortfall decades in the making. The state’s housing shortage exacerbates economic, racial, and regional inequalities, and harms the economy by limiting growth. New York’s struggles with housing affordability reflect a national surge in housing costs since the pandemic that has disproportionally impacted communities of color. Yet, in many respects, the crisis in New York is worse than that in other states with comparably robust housing demand. The extent of New York’s housing affordability crisis has led to growing momentum behind legislative action in …

The House Of Cards Topples: Examining Appellate Jurisdiction For Transfers Of Venue In Federal Court, Mac Newton

Missouri Law Review

Many a lunch table argument has been had about a battle between unlikely foes. Who would win: a gorilla or a grizzly bear? A great white shark or a crocodile? Opponents throw their support behind one animal or another and vigorously debate the matchup—“a grizzly bear might be bigger, but a gorilla has opposable thumbs and superior intelligence!” As thrilling and engaging as these debates may be, participants recognize their theoretical nature. Part of the fun is that the question “who would win?” is often unanswerable. The hypothetical combatants simply do not encounter one another in the wild, leaving the …

Energy Justice And Renewable Rikers, Rebecca Bratspies

University of Miami Law Review

Unsustainable energy practices generate the lion’s share of global carbon emissions as well as staggering levels of deadly particulate pollution. Replacing the current dirty, fossil fuel-based system with affordable, clean energy is both a human rights imperative and a climate change necessity. This transition, which has already begun, creates the opportunity to do things differently. By confronting the structural racism embedded in existing energy structures, we can build a just transition rather than just a transition. This Article uses New York City’s Renewable Rikers project as a case study to explore how we might take advantage of the intersections between …

Public Health Impacts And Intra-Urban Forced Displacement Due To Climate Gentrification In The Greater Miami Area—Community Lawyering For Environmental Justice And Equitable Development, Theresa Pinto, Abigail L. Fleming, Sabrina Payoute, Elissa Klein

University of Miami Law Review

Because Miami-Dade County is “ground zero” for such climate effects as sea-level rise and increasingly hazardous, climate-driven Atlantic hurricanes, the coral rock ridge that runs along the Eastern coast of South Florida is a prime target for redevelopment and “climate” gentrification. Through a community and movement lawyering for environmental justice approach, we partnered with local community organizations to contribute to the ongoing work of community-driven equitable development. In partnership, we developed an environmental public health study to understand and document the public health effects on disadvantaged communities in Miami-Dade County from forced intra-urban displacement due to redevelopment that is being …

The Problem Of Indonesian Contract Brides In China And Its Implications For Cross-Border Marriage, Liu Xiang Mei

International Review of Humanities Studies

The rise of Indonesian contract brides in China has become a major focus that requires urgent action to protect their rights and well-being. The initiative aims to prevent exploitation in the context of cross-border marriages and ensure that such marriages are conducted fairly and legally. This situation arises from a number of factors, including difficult economic conditions, unlicensed intermediary operations, and a strong desire to live more prosperously. It also deals with issues of commercial marriage, human trafficking, and marital fraud, which require a careful and coordinated approach. Therefore, China should take steps to renew the international marriage law, enhance …

The Market For Bankruptcy Courts: A Case For Regulation, Not Obliteration, Brook E. Gotberg

BYU Law Review

Large corporate debtors typically file for bankruptcy only after conducting a thorough analysis as to the most favorable venue for the case. Recent legislation has proposed to severely limit all corporate debtors’ ability to select bankruptcy venue. The messaging behind calls for venue reform is outwardly altruistic: it is said to be necessary to facilitate access to justice and to prevent abuse of the system. However, the push for venue reform is largely driven by professional envy and a distrust of specific judges based on unpopular high-profile rulings. Placing new constraints on the ability to choose venue will not achieve …

2020 Racial Justice Protests In Portland, Or: An Analysis Of Radical Place-Making And Police Tactics In A Neighborhood Context, Claire Brumbaugh-Smith

Dissertations and Theses

During the George Floyd protests, police used tactics infrequently seen until now, including the use of tear gas and sonic weapons in contested spaces. Police tactics are presumably sanctioned by policing directives, but little is known about how these tactics may vary across space at a granular spatial level, or how they might be normalized over time. To address this knowledge gap, I used the concept of repertoires of protest control to characterize and quantify the tactics of the Portland Police Bureau (PPB) deployed on racial justice protesters during the 2020 racial justice protests and describe the role of these …

Panama City Reflections: Growing The City In The Time Of Sustainable Development, Ileana M. Porras

Tennessee Journal of Law and Policy

No abstract provided.

Titling And Untitled Housing In Panama City, Jorge L. Esquirol

Tennessee Journal of Law and Policy

No abstract provided.

Interruptions And Intersections: Journeys To The Center Of The Americas, Francisco Valdes

Tennessee Journal of Law and Policy

No abstract provided.