Digital Commons Network^™

The Human Rights Fulcrum: Using Environmental Rights As Leverage For Change, Rebecca Bratspies

Pace International Law Review

“Give me a lever long enough and a firm place on which to stand and I will move the earth." That is how Archimedes famously described the power of levers and the possibility they create for moving something that otherwise seems immovable. His point was that with the use of distance, a fulcrum, and a lever, nothing is really immovable. This same characterization has been applied to human rights law, and its attempts to disrupt patterns of structural dispossession, discrimination and oppression that bedevil human society. Indeed, the metaphor that human rights are a lever for change is relatively common …

The (Non-) Protection Of Indigenous Rights In Isds, Dr. Kevin W. Gray

Pace International Law Review

International investment law largely flows from the protections afforded foreign investors under bilateral and multilateral investment treaties.  Until recently, few of these treaties required investors to comply with human rights provisions in national constitutions or in international law, or preserved the ability of states to regulate to protect constitutional rights.  As a result, critics have argued, investor-state dispute settlement fails to protect human rights or preserve the ability of states to regulate in the public interest, and that arbitral awards rarely consider, let alone give effect to, rules of human rights.

This article considers the question of how Indigenous rights, …

Decoding Chinese Law In U.S. Courts: The Logic Of Extra-Legality, Tian Xie

Pace International Law Review

U.S. courts and regulators often face challenges in interpreting Chinese law, as actual regulatory practices frequently diverge from formal legal provisions. This article argues that a strictly formalist approach that relies solely on legal text is inadequate. Instead, U.S. authorities should adopt an extra-legality framework, which considers how Chinese law functions to reinforce political authority while maintaining a legal façade. The article further illustrates the application of this approach through a case study of the Holding Foreign Companies Accountable Act (HFCAA), which pro- vides a more nuanced and realistic understanding of Chinese regulatory practices surrounding U.S. access to audit work …

El Salvador At The Crossroads: Crimes Against Humanity Under The Public Security Policy, Susana L. Sacouto, Claudia Martin, Gino Costa, Santiago Canton, Jose Antonio Guevara

Research Reports & White Papers

The International Group of Experts for the Investigation of Human Rights Violations under the State of Emergency in El Salvador (GIPES) presents its final report entitled: “El Salvador at the Crossroads: Crimes against Humanity under the Public Security Policy.”

GIPES was formed with the aim of investigating the alleged serious human rights violations taking place in the context of the State of Exception public security policy that has been in place of El Salvador since March 2022 and determining whether they might constitute crimes against humanity. The group is made up of five internationally recognized jurists: Susana SáCouto, …

How Do Minimum Wages Affect Workplace Injuries?, Michael Davies, R. Jisung Park, Anna Stansbury

Upjohn Institute Policy and Research Briefs

No abstract provided.

Perspectives On Choice Of Law Challenges In Multistate Precision Medicine Research, Laura M. Beskow, Catherine Hammack-Aviran, James W. Hazel, Leslie E. Wolf

Law Faculty Scholarship

This empirical legal study investigates challenges related to determining applicable law in multistate precision medicine research. Through interviews with experts in law, research ethics, and human subjects protections, the authors examine how differences in state laws governing research, genetic privacy, and data protection may affect participant rights and research practices. Interviewees reported varying levels of awareness regarding state law variation and expressed differing views on its significance. The findings suggest that uncertainty surrounding applicable legal frameworks can complicate research design, informed consent processes, and institutional oversight. The study calls for further legal and policy analysis to address these challenges and …

Minimum Wages And Workplace Injuries, Michael Davies, R. Jisung Park, Anna Stansbury

Upjohn Institute Working Papers

How do minimum wage changes affect workplace amenities? Using the universe of claims from California, the US’ largest workers’ compensation system, over 2000-2019, we exploit geographic variation in state- and city-level minimum wages and local occupation-level variation in exposure to minimum wage changes to estimate whether minimum wage increases affect the rate of workplace injuries. We find a large adverse effect of raising minimum wages on injuries. A 10% increase in the minimum wage increases the injury rate by 7.2% in an occupation-metro area labor market which is fully exposed to the minimum wage increase. Our results imply an elasticity …

Availability Model To Evaluate Ai Data Centers’ Role In Grid Stability, Troy Mcsimov, Trevor S. Kunz, Jeffrey Billo

SMU Data Science Review

The United States has made it clear; it is imperative that the US wins the global AI race. This paper focuses on one of the most challenging puzzle pieces surfaced at the POWER Data Center conference (San Antonio, Sept. 30.); for Electric Reliability Council of Texas (ERCOT) the limiting factor is not generation alone but the need to balance generation and load to preserve grid reliability.

The regulatory landscape fundamentally changed with the passage of Texas Senate Bill 6 in June 2025, which mandates new large loads must "contribute to the recovery of the interconnecting electric utility’s costs" (Texas Legislature, …

Beberapa Aspek Hukum Perdata Internasional Dalam Perjanjian Lisensi Pesawat, Hendarmin, S.H.

Jurnal Hukum & Pembangunan

Abstract

Reverse Breakup Fees And Antitrust Approval, Albert H. Choi, Abraham L. Wickelgren

Law & Economics Working Papers

The paper examines the antitrust implications of use of reverse breakup (termination) fees in mergers. By promising to pay a reverse breakup fee to the target if the proposed merger does not get the necessary antitrust approval, the acquirer can signal to the antitrust authority that the merger is more likely to be pro-competitive. A large reverse breakup fee can also function as a commitment device by the acquirer to spend more resources in case the merger is challenged by the antitrust authority. While the first, signaling function is efficiency enhancing, the second, commitment function can lead to an efficiency …

Press Protection As Anticorruption, Zachary Reger

Texas A&M Law Review

As the partisan press of the Founding Era gave way to the commercial press of the nineteenth century, then to the professional press of the twentieth century, American journalism assumed an increasingly skeptical attitude toward governmental power. Today, the investigatory and information-spreading functions of the “fourth branch” are more important than ever to checking public corruption in a vast administrative state. At the same time, the press faces financial crisis, threatening the anticorruption interest.

This Essay evaluates three mechanisms for shoring up the corruption-fighting role of American journalism: (1) constitutional speech protections for the corporate form taken by most modern …

Transnational Private Environmental Regulation: Are States Striking Back?, Errol E. Meidinger

Contributions to Books

Published as Chapter 11 in Research Handbook on Environmental Regulation, David Williamson, Gary Lynch-Wood & Agne Prochorskaite, eds.

Rapid global trade expansion beginning in the 1990s spawned a parallel expansion in non-state (‘private’) environmental regulatory (PER) programs. They issue regulatory standards, monitor and judge performance, sanction poor performance, and sometimes regulate state activities. PER programs constitute extensive and complex transnational governance agglomerations encompassing environmental certification, corporate social responsibility, and environment-society-governance programs, typically intertwined with governmental and intergovernmental regulatory programs.

Using forestry and climate change examples, this article analyzes key features of PER programs, how they may be growing empirically more …

Human Problems: It’S Not Always The Technology’S Fault, Kevin Frazier, Brian L. Frye, Michael Goodyear, Jess Miers

Other Publications

No abstract provided.

Public Interest Club Wide Panel, Public Interest Law Student Association (Pilsa), Cardozo Public Service Scholars Program, National Lawyers Guild, Cardozo Chapter, Unemployment Action Center, Cardozo Chapter, Suspension Representation Project, Cardozo Chapter

2025–2026 Flyers

Come and listen to 2Ls talk all things clinics, journals, teams, classes, internships- Everything and anything!

Breakfast With Douglas Letter, Cardozo Public Service Scholars Program, Jacob Burns Center For Ethics In The Practice Of Law

2025–2026 Flyers

A conversation on constitutional litigation and public service in and outside of the federal government.

The Jacob Burns Center For Ethics In The Practice Of Law And The Public Service Scholars Invite You To: Breakfast With Douglas Letter, Jacob Burns Center For Ethics In The Practice Of Law, Public Service Scholars, Douglas Letter

2026 Event Invitations

A conversation on constitutional litigation and public service in and outside of the federal government with Douglas Letter, Chief Legal Office at Brady United, and Professor Jessica Roth. Mr. Letter is former General Counsel for the U.S. House of Representatives under Speaker Nancy Pelosi. For 40 years, he worked as a public servant at the U.S Department of Justice. Mr. Letter also served in the White House Counsel's Office under President Bill Clinton.

Peraturan Perundang-Undangan Lingkungan Hidup, Prof. Koesnadi Hardjasumantri, S.H.

Jurnal Hukum & Pembangunan

Abstract

Beberapa Masalah Hukum Kebiasaan Internasional Sebagai Sumber Hukum Internasional, Syahmin A.K., S.H.

Jurnal Hukum & Pembangunan

Abstract

Perbandingan Undang-Undang Perpajakan Baru Dan Lama Bagi Perusahaan Lma/Pmdn, Drs. Rasidi, M.A.

Jurnal Hukum & Pembangunan

Abstract

Pendanaan Negara, Dedi Soemardi, S.H.

Jurnal Hukum & Pembangunan

Abstract

Perundang-Undangan Dalam Sistem Hukum Nasional, Atmadja S.H.

Jurnal Hukum & Pembangunan

Abstract

Mitigating Uas Airspace Risks Through Policy Innovation, Christopher Daniel Sidor

Student Research Symposium (SRS)

Uncrewed Aircraft Systems (UAS), commonly known as drones, have become an everyday part of our lives. Once a technology reserved for the defense industry, UAS are now widely available and affordable in the commercial market. These systems have been used for intelligence, surveillance, and reconnaissance (ISR) missions, route mapping, and kinetic deployment of munitions. In modern warfare, drones have been at the forefront, leveraging new tactics, techniques, and procedures to enhance lethality and destruction. The integration of fiber-optic (FO) connected drones, first-person view (FPV) technology, and 3D printed munition-dropping devices in particular demonstrates a dire need for legislative intervention. These …

Ethos Pembelaan Hukum Bagi Pencari Keadilan Ditinjau Dari Sudut Filsafat Orang-Orang Sulawesi Selatan Di Masa Lampau, Prof. Dr. Andi Zainal Abidin, S.H.

Jurnal Hukum & Pembangunan

Abstract

Data Is Nothing Like Oil: Dusting Off Copyright’S Originality Doctrine For The Ai Age, Carys Craig

All Papers

No abstract provided.

Brief Of First Amendment Scholars As Amici Curiae Supporting Petitioner, Joseph M. Terry, Stephen J. Fuzesi, James N. Sasso, Langston E. Ward, Richard W. Garnett

Court Briefs

No. 25-927
Richard Lowery v. Lillian Mills

On Petition for Writ of Certiorari to the United States Court of Appeals for the Fifth Circuit

From the Summary of Argument

The suppression of constitutionally protected speech violates the First Amendment. A speaker need not be punished to be able to state a cause of action if the government has suppressed or threatens to suppress his or her speech through other means. This Court, across decades, and in a range of contexts, repeatedly has reaffirmed that principle. It has done so in cases affirming that a party may challenge a criminal statute …

Suatu Tinjauan Tentang Pemindahan Teknologi Dari Perusahaan-Perusahaan Multi-Nasional Ke Negara-Negara Berkembang, Sucipto Sucipto

Jurnal Hukum & Pembangunan

Abstract

Peranan Lembaga Lisensi Wajib Dalam Rangka Alih Teknologi Dari Negara Maju Ke Negara Berkembang, Sri Setianingsih Suwardi, S.H.

Jurnal Hukum & Pembangunan

Abstract

Undang-Undang Pemberantasan Tindak Pidana Korupsi : Peneterapannya, Oemar Seno Adji

Jurnal Hukum & Pembangunan

Abstract

Tribute To Abdelaziz Belal, Mohamed Bennani

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This tribute honors Professor Abdelaziz Belal by recalling both his scholarly contribution and his institutional role in Moroccan higher education. It highlights his academic career, his work in economic science and development economics, his commitment to national causes, and his influence as a teacher, supervisor, and public intellectual. The text also emphasizes his involvement in the construction of the Faculty of Law in Casablanca and in the development of scientific research and university life. It presents Belal as a major figure whose intellectual and human legacy left a lasting mark on colleagues, students, and the broader academic community.

The Governor In Morocco, Abdelfattah Eddahbi

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article studies the legal status and institutional role of the governor in Morocco. It traces the evolution of the office through the major legal texts that organized territorial administration and examines the governor’s dual function as representative of the state and actor within the local administrative structure. The paper discusses appointment, powers, relations with the Ministry of the Interior, and the governor’s place within broader processes of deconcentration and administrative reform. It therefore provides a legal analysis of one of the central institutions of Moroccan public administration.