Law Commons^™

Disciplinary Privilege And The Promise Of Decampment: A Response To James Thou Gathii, Fleur Johns

American University International Law Review

No abstract provided.

The Promise Of International Law: A Third World View, James Thuo Gathii

American University International Law Review

No abstract provided.

The Challenge Of Covid-19 And The World Health Organization’S Response: The Principal-Agent Model Revisited, Miron Mushkat, Roda Mushkat

American University International Law Review

No abstract provided.

Fracking The Bedrock Of Democracy: The United States Policing Of Protests Violates The Right Of Peaceful Assembly Under The Iccpr, Olivia Moulds

American University International Law Review

No abstract provided.

Pandemics And International Law: The Need To Strengthen International Legal Frameworks After The Covid-19 Global Heal Pandemic [Sierra Leone], Charles C. Jalloh

American University International Law Review

INTRODUCTION

I would like to begin by acknowledging the American University Washington College of Law and all its partners for organizing this timely symposium on “Pandemics and International Law: The Need for International Action.” 1 The theme of this symposium is rather broad and, as we have heard already, there is much that can be said about it from various international law perspectives. I will not attempt to do that. Instead, I wish to offer brief comments on one question given the time restrictions for my remarks and this panel. I will focus specifically on the topic I was assigned. …

Pandemics And The Disproportionate Impact On Vulnerable Groups, Macarena Saez

American University International Law Review

No abstract provided.

Preventing Wind Waste, K.K. Duvivier

American University Law Review

The United States has vast offshore wind resources—nearly double the total electricity consumption of the country—ideally located close to the largest population centers. This abundance has remained stubbornly untapped for over a decade, without a single commercial scale wind project built in federal waters as of early 2021.

In contrast to obstruction by the Trump administration, President Biden, in his first days in office, singled out offshore wind development as one of his priorities for tackling the climate crisis. As a result, the United States may soon see an offshore wind rush.

Onshore, the United States is a world leader …

Piercing The Veil: Reconciling Fisa And The State Secrets Privilege In The Schrems Ii Era, Chris Baumohl

American University Law Review

Twenty years after 9/11 and the beginning of the “War on Terror,” access to judicial redress arising out of national security programs remains mired in a labyrinth of procedural hurdles, including the state secrets privilege. Nearly seventy years after the Supreme Court first enunciated the modern state secrets privilege, courts still struggle to articulate a practicable standard that appropriately balances the government’s need to protect its secrets and plaintiffs’ need to vindicate their constitutional rights. This issue is particularly acute in surveillance litigation, where broad construction of the privilege precludes plaintiffs from establishing standing. However, as the Ninth Circuit found …

Ordinary Clients, Overreaching Lawyers, And The Failure To Implement Adequate Client Protection Measures, Leslie C. Levin

American University Law Review

Every year, thousands of individual clients are victimized by overreaching lawyers who overcharge clients, refuse to return unearned fees, or steal their money. For more than forty years, the American Bar Association (ABA) has considered, and often proposed, client protection measures aimed at protecting clients from overreaching lawyers. These measures include requirements that lawyers use written fee agreements in their dealings with clients and rules relating to fee arbitration, client protection funds, insurance payee notification, and random audits of trust accounts. This Article examines what happened to these ABA recommendations when the states considered them and assesses the current state …

Dudenhoeffer: Why Concealment Of Fraud Violates The Fiduciary Duty-Of-Prudence, Kolton G. Whitmire

American University Business Law Review

I. INTRODUCTION

In 1974, Congress sought to encourage a form of a retirement fund known as an employee stock ownership plan (“ESOP”). The statutory mandates of these plans are outlined in the Employee Retirement Income Security Act (“ERISA”). ESOPs are invested in stock of the company in which the employee works. In this way, ESOP planners’ (“plan fiduciaries”) obligations are necessarily unique. Whereas most fiduciaries are required to prudently diversify investments to protect their beneficiaries, ESOP planners are not similarly mandated. Further, Congress allows ESOP planners to concurrently be officers of the corporation in which the stock was invested. This …

Realizing The Promise Of Justice: Proposing A First Amendment Test To Protect Against Unjust Ieepa Sanctions, Carly Malamud

Upper Level Writing Requirement Research Papers

No abstract provided.

Constructing The Yellow Brick Road: Preventing Discrimination In Financial Services Against The Lgbtq+ Community, Cyrus Mostaghim

Upper Level Writing Requirement Research Papers

The Lesbian, Gay, Bisexual, Transgender, Queer, and Questioning (“LGBTQ+”) community lacks explicit statutory protections from discrimination in financial services. After the Supreme Court held in Bostock that employment discrimination based on sexual orientation or gender identity was illegal, the Consumer Financial Protection Bureau (CFPB) issued an informal interpretive rule for the Equal Credit Opportunity Act (ECOA) and Regulation B that made discrimination in the access to credit based on sexual orientation or gender identity illegal. However, this paper argues that an informal interpretive rule is easily rescinded and does not provide sufficient protection. Thus, alternative action is needed to create …

The Deadly Cost Of Unregulated Labor: How The United States Fair Labor Standards Act Violates The International Labour Organization’S Ilo Convention No. 182 In Failing To Provide Protections For Children Working In Agriculture, Sara Salinas

Upper Level Writing Requirement Research Papers

The Fair Labor Standards Act of 1938 (FLSA) was the first successful comprehensive legislation addressing child labor laws in the United States. While important, the FLSA left a lot to be desired for agricultural child workers as it provides less protections for them than for non-agricultural child workers. This disparity has left child agricultural workers legally allowed to work in hazardous conditions at a young age, and work nearly unlimited hours. For the most part, child labor laws were at a stalemate until 1999 when the United States ratified the International Labor Organization (ILO) Convention No. 182, also known as …

Supply And Demand: Navigating Emergency Regulatory Developments In The Fight Against Opioid Use Disorder, Eva Bogdewic

Upper Level Writing Requirement Research Papers

No abstract provided.

An Analysis Of Domestic And Foreign Legal Mechanisms To Counter The Rise Of White Nationalism, John C. Jankosky Ii

American University National Security Law Brief

No abstract provided.

Are There Stories Prosecutors Shouldn't Tell? The Duty To Avoid Racialized Trial Narratives, Olwyn Conway

Scholarly Articles in Law Reviews & Journals

The purportedly race-neutral actions of courts and prosecutors protect and perpetuate the myth of colorblindness and the legacy of white supremacy that define the American criminal system. This insulates the criminal system's racially disparate outcomes from scrutiny, thereby precluding reform. Yet prosecutors remain accountable to the electorate. In recent years, activists and community organizers have mobilized communities to support and elect prosecutors who have pledged to address the racial inequities of the criminal system. After a summer of protests for racial justice and growing acceptance for the demands of the Movement for Black Lives, we find ourselves in a moment …

Social Services And Mutual Aid In Times Of Covid-19 And Beyond: A Brief Critique, Dana Neacsu

Human Rights Brief

No abstract provided.

Tanzania Blocks Direct Petitions To The African Court On Human And Peoples' Rights, Ben Phillips

Human Rights Brief

No abstract provided.

International Legal, Policy And Institutional Issues Raised By The Covid-19 [Portugal], Patrícia Galvão Teles

American University International Law Review

INTRODUCTION

Three basic sets of questions arise when we attempt to look back to what is now almost one year of probably the greatest pandemic in human history, and also when we look to the future to see what can be improved to fight epidemics and pandemics of this scale and nature. The first set of questions, for us as lawyers, are the legal issues that we are dealing with in regards to the existing legal framework, and how it is interpreted and applied in the event of a pandemic. The second set of questions are policy issues. Discussing the …

Leveraging Domestic Law Against Cyberattacks, Justin Malzac

American University National Security Law Brief

No abstract provided.

Letter From The Editor

American University National Security Law Brief

No abstract provided.

¿Protesta Social Antidemocrática? Hacia Nuevas Formas De Participación Ciudadana A Través Del Internet En El Marco De Las Recientes Movilizaciones En Colombia, Natalia Beltrán Orjuela

American University International Law Review

No abstract provided.

Selected Issues Related To The Interaction Of International Human Rights Conventions With A Proposed Treaty On Pandemics, Diego Rodríguez-Pinzón

American University International Law Review

No abstract provided.

“Hey Siri, I’M Being Pulled Over.”, Charlene Collazo Goldfield, Gabriela Chambi, Amanda Torres

Joint PIJIP/TLS Research Paper Series

Statistics show that policing disproportionately affects communities of color; police are more likely to use force against Black and brown people.¹ Data from non-violent encounters (e.g., reason for the stop, type of force used, and presence of witnesses) is rarely collected or disregarded altogether.² Video evidence can publicize police violence. Bystander video during George Floyd’s murder led to arrests and a global racial reckoning because it depicted the reality of police encounters for people of color. Although technological advancements have led to positive developments for civilian safety (e.g., body cameras and in-car videos), data collection consistency and accountability …

The Integration Of Artificial Intelligence In The Intelligence Community: Necessary Steps To Scale Efforts And Speed Progress, Corin R. Stone

Joint PIJIP/TLS Research Paper Series

No abstract provided.

Rubber Bullets And The Black Lives Matters Protests, Talia Doumani, Jamil Dakwar

Human Rights Brief

No abstract provided.

The Tortured Woman: Defying The Gendered Conventions Of The Convention Against Torture, Linda Kelly

Human Rights Brief

No abstract provided.

Mining In Guatemala: Human Rights And Investment Treaty Arbitration, Valentina Capotosto

Human Rights Brief

No abstract provided.

Sporting Institutions Turned A Blind Eye To China's Human Rights Abuses, But They Have The Potential To Drive Global Change, Hailey Ferguson

Human Rights Brief

No abstract provided.

Dutch Supreme Court Ruling Marks Sea Change In Climate Litigation, Adrian Lewis

Human Rights Brief

No abstract provided.