Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Against Settlement In Transnational Business And Human Rights Litigation, Hassan M. Ahmad
Against Settlement In Transnational Business And Human Rights Litigation, Hassan M. Ahmad
All Faculty Publications
In Against Settlement, Owen Fiss argued that settlement may not always be the optimal result of civil suits, particularly those that involve novel or ambiguous areas of law or ostensible power imbalances. That work spurred a range of scholarship around the merits and demerits of settlement. And although the settlement versus litigation debate is now almost four decades old, its currency persists in common law systems in which courts are, at times, called upon to expand or even re-envision doctrines or procedural rules. This article revisits that debate. It applies Against Settlement to transnational business and human rights litigation that …
The Transnational Exchange Of Law Through Climate Change Litigation, Natasha Affolder, Godwin Dzah
The Transnational Exchange Of Law Through Climate Change Litigation, Natasha Affolder, Godwin Dzah
All Faculty Publications
Climate change litigation continues to bash holes in the view of domestic legal systems as hermetically sealed units. Domestic cases are inspired by litigation elsewhere, actively fostered by transnational advocacy communities, and the decisions themselves are indicative of transjudicial influences and sometimes even dialogue on climate change. This chapter, written in 2021 to reflect the transnationalism of early climate change litigation, takes a close look at practices of transjudicialism in climate change litigation. In so doing, it seeks to disrupt some default patterns of studying the spread of law. By problematizing the practices of ‘finding’ influential climate law cases, measuring …