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Articles 1711 - 1740 of 14189
Full-Text Articles in Law
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
The United States Supreme Court’S Interpretation Of The “Establishment Clause” And How It Has Impacted Texas Politics Today, Rebecca Hailie Castro
The United States Supreme Court’S Interpretation Of The “Establishment Clause” And How It Has Impacted Texas Politics Today, Rebecca Hailie Castro
Honors Program Theses and Research Projects
The Establishment Clause, since its creation in 1787, has worked towards creating a separation of church and state rooted in religious liberty after colonists fled England and the Church of England. In the centuries that have passed, the judiciary branch of the United States has been creating lasting precedents for how the Establishment Clause should be illustrated in the National Government and in the states. However, the long-lasting division between church and state has been decreasing, especially following a recent Supreme Court decision: Kennedy v. Bremerton School District (2022). The ramifications of entangling church and the state include, but are …
Founder Worship, Effective Altruism, And Corporate Governance, Jennifer S. Fan, Xuan-Thao Nguyen
Founder Worship, Effective Altruism, And Corporate Governance, Jennifer S. Fan, Xuan-Thao Nguyen
Articles
Founders are the heart of any startup. Oftentimes, they are given considerable latitude in managing a company, particularly if they are hailed as a visionary founder in a pathbreaking new industry. Additionally, it is assumed that underpinning their actions is the desire to do good. Unfortunately, sometimes this leads to what we term founder worship where the promise of the founder and the innovation may lead to perverse outcomes because too much control is ceded to the founder and there is a lack (or sometimes complete absence of) corporate governance. When unlimited control is coupled with "do gooderism," which in …
Economic And Social Rights, Corruption, And Covid-19: The Indian And South African Experiences, Anashri Pillay
Economic And Social Rights, Corruption, And Covid-19: The Indian And South African Experiences, Anashri Pillay
National Law School of India Review
India and South Africa have been at the forefront of debates about economic and social rights for many decades. Whilst the apex courts in these states have led the way in interpreting and handing down remedies stemming from these rights, vast social and economic inequalities persist. This article uses the responses to Covid-19 as a basis to consider how corruption has affected the realisation of economic and social rights in each of these countries. The article goes on to address broader arguments about the value of international human rights in tackling corruption. A human rights perspective is a relatively recent …
Stolen By Wolves: A Critique On The Supreme Court’S Understanding Of Women’S Reservations In India, Rashmi Raghavan
Stolen By Wolves: A Critique On The Supreme Court’S Understanding Of Women’S Reservations In India, Rashmi Raghavan
National Law School of India Review
Women’s reservations were envisioned under Article 15(3) to fulfil the goal of substantive equality in the Constitution of India. This article tries to uncover the procedural missteps that have occurred by the Supreme Court while administering the policy of women’s reservations to various public positions in the country. I argue that the reservation procedure currently put in place by the apex Court by a cumulative reading of the decisions in Anil Kumar Gupta v State of UP and Ors and Rajesh Kumar Daria v Rajasthan Public Service Commision have created an enclosed ceiling on women candidates and is contrary to …
Front Matter, National Law School Of India Review
Front Matter, National Law School Of India Review
National Law School of India Review
Front Matter (Title Page, Publisher Information, Masthead, Table of Contents).
Introduction: Twail And The International Law Of Jurisdiction, Rohini Sen
Introduction: Twail And The International Law Of Jurisdiction, Rohini Sen
National Law School of India Review
Introduction: TWAIL and the International Law of Jurisdiction.
Universal Civil Jurisdiction And International Law: A Response To B.S. Chimni, Chimène Keitner
Universal Civil Jurisdiction And International Law: A Response To B.S. Chimni, Chimène Keitner
National Law School of India Review
The exercise of various forms of jurisdiction, and the delineation of a political entity’s jurisdictional reach over persons, places, and conduct, can sharpen and entrench inequities within and between states. One can thus aptly characterize certain exercises of jurisdiction, and particularly certain forms of extraterritorial jurisdiction, as assertions of imperial and/or hegemonic power. Importantly, however, jurisdiction can also be invoked to redress certain power inequities by providing access to judicial remedies for conduct that has evaded other forms of regulatory control. In addition, while certain assertions of extraterritorial prescriptive jurisdiction can represent overreaching by powerful states, the practice of disclaiming …
Theorising Extraterritorial Jurisdiction: The Travails Of Twail, Muthucumaraswamy Sornarajah
Theorising Extraterritorial Jurisdiction: The Travails Of Twail, Muthucumaraswamy Sornarajah
National Law School of India Review
Discussion of extraterritoriality focussing on capitulation theories looks backwards at an historical period. The present need is to study extraterritoriality used by hegemonic states both in an oppressive manner to advance their national interests and in a manner that protects common interests. As hegemonic power of the United States recedes, new actors like China and India will come to use extraterritoriality largely in an offensive manner. Preoccupation with the past is inapposite in a field in which the rapid developments are taking place. A theory must be found that permits defensive extraterritoriality that promotes community interests while curbing the offensive …
A New Research Programme For International Relations And International Law: Jurisdiction, Capitalism, And Imperialist Infrastructures, Maïa Pal
National Law School of India Review
This article argues that Chimni’s proposed framework for historically and theoretically reconceptualising jurisdiction in ‘The international law of jurisdiction: A TWAIL perspective’ has important implications for a much-needed renewed encounter between the disciplines of International Law and International Relations. It begins by summarising the contribution of Chimni’s article in terms of its two historical and theoretical contributions. It then focuses on the theoretical reconceptualization of jurisdiction as structurally interdependent with capitalism and sovereignty, rather than territory and sovereignty as found in mainstream and liberal approaches. Moreover, Chimni’s article fills gaps in critical approaches by thinking of jurisdiction in more material …
Extra-Territoriality And Solidarity, Vasuki Nesiah
Extra-Territoriality And Solidarity, Vasuki Nesiah
National Law School of India Review
Bhupinder Chimni calls for a subaltern internationalism that stands in contrast to and challenges extraterritorial jurisdiction by imperial and capitalist forces. We have a productive instantiation of subaltern internationalism in the jurisprudence on jus standi at the International Court of Justice.1 A sovereign that is not the injured party may still legitimately represent injured peoples if the representation is grounded in a commitment to those peoples’ self- determination; the court’s admissibility jurisprudence has come to recognize this commitment as a legitimate erga omnes partes claim. Its most recent and spectacular expression was South Africa’s representation of Palestinians with a genocide …
Colonialism, Jurisdiction, And Sovereignty In Palestine, Usha Natarajan
Colonialism, Jurisdiction, And Sovereignty In Palestine, Usha Natarajan
National Law School of India Review
Knowledge production is never neutral, and academia – much like international laws and institutions among other social structures – is a key conduit for the efficient operations of power. Israel’s longstanding occupation and settler colonialism in Palestine challenges mainstream accounts of the international laws of jurisdiction, whereas Chimni’s TWAIL analysis better accounts for and predicts the imperial operations of such laws and points to fruitful evolution towards fairness and justice.10 I elaborate by considering firstly the exercise of jurisdiction during occupation and settler colonialism, and secondly the exercise of universal jurisdiction by states. I conclude with some thoughts on jurisdiction …
The Space Between Jurisdiction And Sovereignty, Asha Kaushal
The Space Between Jurisdiction And Sovereignty, Asha Kaushal
National Law School of India Review
This Comment examines the relationship between jurisdiction and sovereignty in the context of Chimni’s principle of subaltern internationalism. When viewed from the perspective of decolonisation and self-determination, jurisdiction pulls against Third World spaces for governance. Instead, it deploys jurisdiction as a limiting legal instrument. I suggest that mainstream international law has relied upon—exploited, even—the space between jurisdiction and sovereignty to withhold the full realisation of self-determination from developing states. Drawing on the case study of East Timor, the Comment examines the many faces of jurisdiction on the plane of mainstream international law.
Afterword, B.S. Chimni
The Fourth World Approach: A Challenge Or An Extension To Twail?, Vineet Tayal
The Fourth World Approach: A Challenge Or An Extension To Twail?, Vineet Tayal
National Law School of India Review
The Fourth World Approach to International Law (‘FWAIL’) is the new formation of a critical methodology for analysing the international law framework. The idea of ‘us’ in international law, paves the way for the discrimin ation of the ‘others’ in international law. The Third World Approach to International Law (‘TWAIL’) though claiming to include all the ‘others’ of international law, fails to include the concerns of all the marginalised and excluded ‘others’. TWAIL is focused on these ‘others’ as a homogenous group and thereby neglects the marginalisation of the marginalised. FWAIL insists on the development of a new language of …
Rapporteur Report, Shwetha Ramachandran, Laavanya Tewari, Chayan B.P., Manvi Sahni
Rapporteur Report, Shwetha Ramachandran, Laavanya Tewari, Chayan B.P., Manvi Sahni
National Law School of India Review
XVI NLSIR Symposium: TWAIL Approaches to Jurisdiction [Volume 35(2)].
Charting Extraterritoriality: Jurisdiction, Corporate Conduct, And Environmental Harm, Kalika Mehta
Charting Extraterritoriality: Jurisdiction, Corporate Conduct, And Environmental Harm, Kalika Mehta
National Law School of India Review
Chimni’s TWAIL critique of the principle of jurisdiction, the subject of this symposium, implicates its development with the evolution of capitalism. Against this backdrop, this paper uniquely focuses on international criminal law and the selective application of principle of extraterritorial jurisdiction, particularly its exclusion of corporate entities from prosecution for large-scale violence. Through an analysis that engages with Chimni’s critique, the paper illustrates how these extraterritorial prosecutions align with the mainstream liberal theory of jurisdiction, while also exposing gaps in corporate accountability. Further, the paper contributes to ongoing legal reform debates by exploring the proposed international crime of ecocide, a …
Third World Statehood Before The ‘Third World’: Imperialism, Sovereignty, And The Making Of Latin America, Eric Loefflad
Third World Statehood Before The ‘Third World’: Imperialism, Sovereignty, And The Making Of Latin America, Eric Loefflad
National Law School of India Review
Engaging BS Chimni’s claim that the genealogies of colonial capitalism are vital to uncovering the substantive realities that animate formalistic conceptions of jurisdiction, I argue that the independence of Latin America forms an important, yet under- theorised, site for articulating these genealogies. This is especially significant given the general lack of materialist analysis of this history in both Latin American International Law (LAIL) and Third World Approaches to International Law (TWAIL’). Filling this lacuna, I argue that while Latin American polities emerged as bounded territorial states, their recognition as such must be understood in relation to how Europe and the …
Human Rights And Jurisdictional Trajectories: Shedding Light On The Colonial Genealogy, Rongeet Poddar
Human Rights And Jurisdictional Trajectories: Shedding Light On The Colonial Genealogy, Rongeet Poddar
National Law School of India Review
International law’s tryst with colonialism has continued to have a significant bearing on the shifting sands of jurisdiction in relation to human rights enforcement. Even as the apparition of empire loomed large over Third World states, a ‘universal’ yet non- binding catalogue of human rights had become reality with the birth of the UDHR. As recognized in Article 2 of the document, peoples of non-self-governing territories could also not be deprived of their human rights. However, hopes were belied when the ECHR, as the first binding post-War human rights instrument, was accompanied by a restrictive jurisdiction clause. The original Article …
Territoriality Of Satellites In The Leo: ‘Jurisdiction Without Territory’ Beyond Earthly Frontiers, Priyansh Dixit
Territoriality Of Satellites In The Leo: ‘Jurisdiction Without Territory’ Beyond Earthly Frontiers, Priyansh Dixit
National Law School of India Review
Successes in outer space are often seen as belonging to humankind. But what exactly does humankind mean? In line with TWAIL, I cannot agree that it refers to the collective distribution of benefits to all states or individuals. Rather, these successes and the benefits that flow from them are disproportionately allocated to the first world. This is even though the advantage of the first world is a direct consequence of centuries of colonialism and exploitation. In this backdrop, I argue that the exercise of jurisdiction in the Low Earth Orbit (‘LEO’) creates a kind of territoriality that is used to …
Gender In The Making Of The Constitution: Proposals For A Feminist Inquiry Into Indian Constitutional History, Achyut Chetan
Gender In The Making Of The Constitution: Proposals For A Feminist Inquiry Into Indian Constitutional History, Achyut Chetan
National Law School Journal
A feminist inquiry into the framing of the Indian Constitution must retrieve and see the interventions of the women members of the Constituent Assembly for what they historically represent, namely, a feminist authorial voice that was developed over a period of time by the pre-Independence women’s movement in India. For a proper understanding of this voice, we must understand the gendered character of the Constituent Assembly, its architecture, its procedures, the dynamics of the gendered relations among its members, and above all, the performative aspects of the debates. This inquiry must also investigate the language employed by the members and …
Identifying Youth Appeals In Alcohol Alternative Social Media Content Through Framing, Melina Oneal
Identifying Youth Appeals In Alcohol Alternative Social Media Content Through Framing, Melina Oneal
West Chester University Master’s Theses
Proposed regulations for alcohol advertising prevent beverage companies from targeting people under the legal drinking age. However, similar regulations for alcohol alternative beverages are less explored, which could allow alcohol alternative products to create awareness for alcoholic beverages among youth. Alcohol alternatives beverages, including no-alcohol and low-alcohol products, are increasing in popularity and can function as compliments to alcoholic products to decrease the total alcohol volume consumed or as substitutes for alcoholic products. Framing theory can be operationalized through the Content Appealing to Youth Index, an index of content elements found in research literature to be appealing to youth, to …
Comparing Joint Session And Caucus Outcomes: Factoring In Substantive Discussions And Case Characteristics, Roselle L. Wissler, Art Hinshaw
Comparing Joint Session And Caucus Outcomes: Factoring In Substantive Discussions And Case Characteristics, Roselle L. Wissler, Art Hinshaw
Cardozo Journal of Conflict Resolution
Many of the traditional components of initial joint sessions occur less frequently today than they did historically and are more likely to take place during initial caucuses than during initial joint sessions. These changes in mediation practice lead to questions about whether initial joint sessions still provide the benefits historically attributed to them and whether initial caucuses now provide not only the benefits specifically ascribed to them but also the benefits typically associated with initial joint sessions. The presentArticle addresses these questions while taking into consideration differences in case and mediator characteristics as well as the extent of discussions in …
Civil Appeals Mediation Program 2023 Mediation Colloquy "Thinking 101" And Mediation
Civil Appeals Mediation Program 2023 Mediation Colloquy "Thinking 101" And Mediation
Cardozo Journal of Conflict Resolution
No abstract provided.
"The Reed That Bends With The Wind Does Not Break"-The Complexities Of Multicultural Mediation And The Use Of Artistic Tools To Overcome Them, Nokukhanya Ntuli
"The Reed That Bends With The Wind Does Not Break"-The Complexities Of Multicultural Mediation And The Use Of Artistic Tools To Overcome Them, Nokukhanya Ntuli
Cardozo Journal of Conflict Resolution
Mediation processes are inherently complex and require flexibility and adaptability. This is especially true for mediation processes involving multiple parties with diverse cultural backgrounds. This paper examines the complexities created by cultural diversity in mediation. The paper highlights a dispute between the local community of Msango, West Africa, and an international mining company. It highlights how linguistic and literacy barriers complicated the process, undermining effective communication and progress. The complication identified at the start of the process necessitated the process design to encompass tools to overcome the barriers identified early on. As the mediation progressed, the mediators continued to uncover …
Governing Private Governance, Joshua Ulan Galperin
Governing Private Governance, Joshua Ulan Galperin
Elisabeth Haub School of Law Faculty Publications
After the Supreme Court's opinion in Dobbs rejected an individual right to reproductive choice, many private firms chose to govern reproductive healthcare by covering employee access to abortions. As mass shootings continue to plague the country, some firms have decided to govern firearm safety by discontinuing sales of assault weapons. While the climate crisis continues to upend life on Earth, corporate leaders are engaging in private environmental governance by voluntarily reducing their own emissions, demanding reductions within their supply chains, and pressuring peers and competitors to do the same. Each of these endeavors represents a form of private governance in …
There’S A Law For That: Examining The Need For Personal Finance Education Legislation And Its Impact On Retirement In A Post Covid-19 World, Natalie M. Poirier
There’S A Law For That: Examining The Need For Personal Finance Education Legislation And Its Impact On Retirement In A Post Covid-19 World, Natalie M. Poirier
Journal of Legislation
No abstract provided.
Re-Imagining The Post-9/11 Authorizations For Use Of Military Force In The Era Of Emerging Consensus On Reform, Peter J. Amato
Re-Imagining The Post-9/11 Authorizations For Use Of Military Force In The Era Of Emerging Consensus On Reform, Peter J. Amato
Journal of Legislation
No abstract provided.
The Need For Corporate Guardrails In U.S. Industrial Policy, Lenore Palladino
The Need For Corporate Guardrails In U.S. Industrial Policy, Lenore Palladino
Seattle University Law Review
U.S. politicians are actively “marketcrafting”: the passage of the Bipartisan Infrastructure Law, the CHIPS and Science Act, and the Inflation Reduction Act collectively mark a new moment of robust industrial policy. However, these policies are necessarily layered on top of decades of shareholder primacy in corporate governance, in which corporate and financial leaders have prioritized using corporate profits to increase the wealth of shareholders. The Administration and Congress have an opportunity to use industrial policy to encourage a broader reorientation of U.S. businesses away from extractive shareholder primacy and toward innovation and productivity. This Article examines discrete opportunities within the …
Securities Regulation And Administrative Deference In The Roberts Court, Eric C. Chaffee
Securities Regulation And Administrative Deference In The Roberts Court, Eric C. Chaffee
Seattle University Law Review
In A History of Securities Law in the Supreme Court, A.C. Pritchard and Robert B. Thompson write, “Securities law offers an illuminating window into the Supreme Court’s administrative law jurisprudence over the last century. The securities cases provide one of the most accessible illustrations of key transitions of American law.” A main reason for this is that the U.S. Securities and Exchange Commission (SEC) is a bellwether among administrative agencies, and as a result, A History of Securities Law in the Supreme Court is a history of administrative law in the Supreme Court of the United States as well.