Law Commons^™

"Everything You Need Is In Here": Missing Elements In A Trauma-Sensitive, Multiracial Framework For Foster Parentig, Binny Miller, Maya Coleman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

A Human Rights Based Approach To International Financial Regulatory Standards, Daniel D. Bradlow

Scholarly Articles in Law Reviews & Journals

Globalization and information and communication technologies pushed national financial regulators to establish international standard setting bodies (SSBs) which promote non-binding international financial regulatory standards. However, finance inevitably has social and human rights impacts and the SSBs and their members are not meeting their responsibility to account for these impacts in their international standards. This failure means that financial regulators and institutions may under-estimate the risks associated with their operations leading to misallocations of credit, less safe financial institutions and less efficient and transparent financial markets. To avoid this problem, SSBs should adopt a human rights approach to standard setting. The …

Assessing The Potential For Global Economic Governance Reform, Daniel D. Bradlow

Scholarly Articles in Law Reviews & Journals

Every dynamic social system’s adaptive capacity is finite. Eventually, the ability of the system’s legal and institutional arrangements to adapt to the changing operational context is exhausted. At this point, unless the system is significantly reformed, it begins losing its legitimacy and efficacy.

This article contends that the structure, operation and scale of the global economy has changed so dramatically that the current arrangements for global economic governance are approaching this crisis moment. They are failing to deliver an inclusive, sustainable and efficient international economic system that can contribute to peace, prosperity and human welfare. Their governance arrangements and operating …

Scaling Development Finance For Our Common Future, Daniel D. Bradlow, Kevin P. Gallagher, Leandro Serino, Jose Siaba Serrate

Scholarly Articles in Law Reviews & Journals

The G-20 and the broader world community has committed to ambitious goals to close global infrastructure gaps, mitigate climate change, and advance the 2030 Agenda for development. We call on G20 leaders to task development finance institutions (DFIs) such as the development banks in member countries and the Multilateral Development Banks (MDBs) of which G-20 countries are members, to commit to scaling up resources by 25 percent, to calibrate new financing to international commitments to mitigate climate change and the 2030 agenda, and to work together as an inclusive system toward achieving those shared goals.

International Financial Regulatory Standards And Human Rights: Connecting The Dots, Daniel D. Bradlow, Motoko Aizawa, Margaret Wachenfeld

Scholarly Articles in Law Reviews & Journals

This paper’s hypothesis is that the international standard setting bodies (SSBs) could improve the quality of their international standards by incorporating a human rights analysis. It focuses on five SSBs and seven of their international standards and its findings include the following: First, the standards all implicate the right of non-discrimination, and the rights to information, privacy and an effective remedy. Second, they each raises economic, social and cultural rights issues, including the obligation to allocate ‘maximum available resources’ to the progressive realization of economic, social and cultural rights; the human rights responsibilities of private actors exercising delegated regulatory authority, …

Intellectual Property Law Gets Experienced, Victoria Phillips

Scholarly Articles in Law Reviews & Journals

Introduction: A decade ago, in Clinical Legal Education and the Public Interest in Intellectual Property Law, I described with my faculty colleagues our motivations for launching a public interest intellectual property law clinic at the American University Washington College of Law. That article introduced our goals and framework for a pioneering clinic framed around a variety of live-client student representations performed under close faculty supervision, weekly case rounds focusing on issues experienced directly by the students in their representations, and a seminar built around a year-long lawyering simulation addressing the public interest dimensions of intellectual property. In that article, we …

Think Of An Elephant? Tweeting As "Framing" Executive Power, Fernando R. Laguarda

Scholarly Articles in Law Reviews & Journals

No abstract provided.

"And/Or" And The Proper Use Of Legal Language, Ira P. Robbins

Scholarly Articles in Law Reviews & Journals

The use of the term and/or is pervasive in legal language. Lawyers use it in all types of legal contexts—including statutes, contracts, and pleadings. Beginning in the 1930s, however, many judges decided that the term and/or should never be used in legal drafting. Ardent attacks on the term included charges that it was vague, if not meaningless, with some authorities declaring it to be a “Janus-faced verbal monstrosity,” an “inexcusable barbarism,” a “mongrel expression,” an “abominable invention,” a “crutch of sloppy thinkers,” and “senseless jargon.” Still today, critics maintain that the construct and/or is inherently ambiguous and should be avoided …

Guns N' Ganja: How Federalism Criminalizes The Lawful Use Of Marijuana, Ira P. Robbins

Scholarly Articles in Law Reviews & Journals

Federalism is a vital tenet of our Republic. Although federal law is the supreme law of the land, our Constitution recognizes the integral role that state law plays in the national scheme. Like any pharmaceutical drug that withstands rounds of clinical testing, state law functions as a laboratory in which Congress can evaluate and potentially adopt novel policies on a nation-wide basis. Most of the time, federal and state law exist harmoniously, complementing one another; other times, however, the two systems clash, striking a dissonant chord.

In the United States, state marijuana laws are currently on a crash course with …

Legal Education En Español: A Pedagogical Model, Jayesh Rathod

Scholarly Articles in Law Reviews & Journals

Law schools in the United States are pursuing various strategies to prepare their graduates to compete in a global marketplace for jobs. One such strategy is the development of courses and programs designed to equip law graduates with the knowledge and skills needed to serve as effective bilingual advocates. As part of this effort, in recent years, teachers and scholars have engaged in curricular experimentation and ongoing theorizing about the optimal methods and approaches for bilingual legal education. This essay builds upon existing theoretical work and outlines a unique, bilingual instructional model that involves adding an optional credit hour – …

Equity In Contemporary Immigration Enforcement: Defining Contributions And Countering Criminalization, Jayesh Rathod, Alia Al-Khatib

Scholarly Articles in Law Reviews & Journals

Since the 2016 Presidential election, discussions of immigration policy and enforcement have taken center stage in the public debate. In contrast to the Obama administration, which had articulated specific priorities for removal, the Trump administration has significantly expanded its enforcement targets. Indeed, high-level officials have confirmed that virtually anyone who is in the country without authorization is susceptible to removal. To make its case for enhanced immigration enforcement, the current administration has deployed familiar tropes regarding immigrant criminality and dangerousness. This rhetoric, operationalized through varied structures of criminalization, has shrunk the pool of individuals who can argue against removal, notwithstanding …

Criminalization And The Politics Of Migration In Brazil, Jayesh Rathod

Scholarly Articles in Law Reviews & Journals

In May 2017, the government of Brazil enacted a new immigration law, replacing a statute introduced in 1980 during the country’s military dictatorship with progressive legislation that advances human rights principles and adopts innovative approaches to migration management. One of the most notable features of the new law is its explicit rejection of the criminalization of migration, and its promotion of efforts to regularize undocumented migrants. Although the law itself is new, the values embedded in the law reflect recent trends in Brazilian immigration policy, which has embraced legalization, and has generally resisted the use of criminal law to punish …

Sg's Brief In Lucia Could Portend The End Of The Alj Program As We Have Known It, Jeffrey Lubbers

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Fail To Comment At Your Own Risk: Does Issue Exhaustion Have A Place In Judicial Review Of Rules?, Jeffrey Lubbers

Scholarly Articles in Law Reviews & Journals

The classic version of the exhaustion-of-remedies requirement generally requires a party to go through all the stages of an administrative adjudication before going to court. However, the doctrine has developed a new permutation, covering situations where a petitioner for judicial review did follow all the steps of the administrative appeals process, but had failed to raise in that process the issues now sought to be litigated in court. In those cases, which have been called “issue exhaustion” cases, the thwarted petitioner will likely be out of luck since normally there is no further opportunity to raise the issue at the …

Microsoft Ireland, The Cloud Act, And International Lawmaking 2.0, Jennifer Daskal

Scholarly Articles in Law Reviews & Journals

On March 23, President Trump signed the CLOUD Act, 1 thereby mooting one of the most closely watched Supreme Court cases this term: the Microsoft Ireland case. 2 This essay examines these extraordinary and fast-moving developments, explaining how the Act resolves the Supreme Court case and addresses the complicated questions of jurisdiction over data in the cloud. The developments represent a classic case of international lawmaking via domestic regulation, as mediated by major multinational corporations that manage so much of the world's data.

Borders And Bits, Jennifer Daskal

Scholarly Articles in Law Reviews & Journals

Our personal data is everywhere and anywhere, moving across national borders in ways that defy normal expectations of how things and people travel from Point A to Point B. Yet, whereas data transits the globe without any intrinsic ties to territory, the governments that seek to access or regulate this data operate with territorial-based limits. This Article tackles the inherent tension between how governments and data operate, the jurisdictional conflicts that have emerged, and the power that has been delegated to the multinational corporations that manage our data across borders as a result. It does so through the lens of …

Reining In A 'Renegade' Court: Tc Heartland And The Eastern District Of Texas, Jonas Anderson

Scholarly Articles in Law Reviews & Journals

In TC Heartland v. Kraft Foods Group Brands, the Supreme Court tightened the venue requirement for patent cases, making it more difficult for a plaintiff to demonstrate that a district court has venue over a defendant. Many commentators, however, view TC Heartland as merely a “reshuffling” of the district courts that receive patent cases. Whereas before the case, a large percentage of patent cases were filed in the Eastern District of Texas, now, after TC Heartland, various other U.S. district courts (principally, the District of Delaware) have experienced an increase in patent infringement filings. Some commentators are unconvinced that this …

Antitrust Enforcement Against Platform Mfns, Jonathan Baker, Fiona M. Scott Morton

Scholarly Articles in Law Reviews & Journals

Antitrust enforcement against anticompetitive platform most favored nations (MFN) provisions (also termed pricing parity provisions) can help protect competition in online markets. An online platform imposes a platform MFN when it requires that providers using its platform not offer their products or services at a lower price on other platforms. These contractual provisions may be employed by online platforms offering hotel and transportation bookings, consumer goods, digital goods, and handmade craft products. They have been the subject of antitrust enforcement in Europe but have drawn only limited antitrust scrutiny in the U.S. Our paper explains why MFNs employed by online …

Uncharted Waters? Legal Ethics And The Benefit Corporation, Joseph Pileri

Scholarly Articles in Law Reviews & Journals

Corporate law norms are reflected in lawyers’ ethical duties. The enactment of benefit corporation legislation across the country signals a legislative acknowledgment that corporate law can serve as a public, rather than a merely private, ordering mechanism. Benefit corporations expressly adopt a public benefit as a legal purpose of the enterprise. While many have written about this important development with respect to corporate fiduciary law, this essay is the first to explore the professional and ethical responsibility of lawyers representing benefit corporations. In the last century, as scholars and courts drove an understanding of corporate law that elevated the interests …

Best Practices For Teaching Advanced Legal Research Asynchronously Online, Khelani Clay, Shannon M. Roddy

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Medicaid For All?: State-Level Single-Payer Health Care, Lindsay Wiley

Scholarly Articles in Law Reviews & Journals

If single-payer health care is ever to become a reality in the United States, it will very likely be pioneered by a state government, much like Canada’s single-payer system was first adopted in the provinces. Canada’s system operates more like U.S. Medicaid — financed nationally but administered largely by the provinces — than U.S. Medicare. This article describes three basic strategies progressive U.S. state governments are exploring for achieving universal access to high-quality health care and better health outcomes for their residents. First, maximizing eligibility for the existing Medicaid program using matching federal funds. Second, taking up the mantle of …

Book Review Some Kind Of Justice: The Icty's Impact In Bosnia And Serbia, Diane Orentlicher, Ivan Vukusic

Scholarly Articles in Law Reviews & Journals

In December 2017, the International Criminal Tribunal for the former Yugoslavia (ICTY) in The Hague closed, 25 years after it was set up by the United Nation's Security Council (UN sc) Resolution 827. That decision by the UN SC, primarily in response to the brutality of the war in Bosnia and Herzegovina (BiH), completely changed the landscape of international law. American legal scholar Diane Orentlicher, a seasoned observer of the ICTY, provides in this book the most detailed assessment of its record to date. Countless journal articles, books, documentaries and panels, in the former Yugoslavia, The Hague and elsewhere discussed …

Building Victim-Led Coalitions In The Pursuit Of Accountability, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

Assurances ofvictim participation in proceedings before the International Criminal Court and Extraordinary Chambers in the Courts of Cambodia have been seen as a welcome corrective to the flawed model of earlier tribunals. The first such tribunal created since the postwar period, the International Criminal Tribunal for the former Yugoslavia (ICTY), was established by the UN Security Council in May 1993 without even consulting those who survived the atrocities that gave rise to its creation, the majority of which took place in Bosnia-Herzegovina. Nor were victims formally incorporated into the ICTY's work except for those who provided testimony and other evidence. …

Inaccessible Apexes: Comparing Access To Regional Human Rights Courts And Commissions In Europe, The Americas, And Africa Symposium: Comparing Regional Human Rights Regimes, Claudia Martin, Francoise Hampson, Frans Vilijoen

Scholarly Articles in Law Reviews & Journals

The three well-established regional human rights systems (in Europe, the Americas, and Africa) aim to provide access to individuals to a decision and remedy based on the violation of human rights in the founding treaties. In this article, the notion of the "dispute pyramid," developed in sociolegal studies, generally, is adjusted to describe and help us better understand regional access. Access differs considerably across the three systems, and its major stumbling blocks present themselves at different stages. In the European system, most cases are dismissed at the admissibility phase. In the Inter-American system, most cases are weeded out at the …

Sovereignty In The Age Of Cyber, Gary Corn

Scholarly Articles in Law Reviews & Journals

International law is a foundational pillar of the modern international order, and its applicability to both state and nonstate cyber activities is, by now, beyond question. However, owing to the unique and rapidly evolving nature of cyberspace, its ubiquitous interconnectivity, its lack of segregation between the private and public sectors, and its incompatibility with traditional concepts of geography, there are difficult and unresolved questions about exactly how international law applies to this domain. Chief among these is the question of the exact role that the principle of sovereignty plays in regulating states' cyber activities.

How Can I Reconcile With You When Your Foot Is On My Neck: The Role Of Justice In The Pursuit Of Truth And Reconciliation, Olwyn Conway

Scholarly Articles in Law Reviews & Journals

In Ferguson, a wound bleeds. For 108 days, we have been in a state of prolonged and protracted grief.... We have had no choice but to cling together in hope, faith, love and indomitable determination to capture that ever-escaping reality of justice ... we find ourselves reinjured, continually heartbroken, and robbed of even the remote possibility of judicial resolution. For 108 days, we have continuously been admonished that we should "let the system work," and wait to see what the results are. The results are in. And we still don'thavejustice. . . . We, altogether, bound up in a system …

The Key To Law Student Well-Being? We Have To Love Our Law Students, David Jaffe

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Impact Of Copyright Exceptions For Researchers On Scholarly Output, Michael Palmedo

Joint PIJIP/TLS Research Paper Series

High prices restrict access to academic journals and books that scholars rely upon to author new research. One possible solution is the expansion of copyright exceptions allowing unauthorized access to copyrighted works for researchers. I test the link between copyright exceptions for health and science researchers and their publishing output at the country-subject level. I find that scientists residing in countries that implement more robust research exceptions publish more papers and books in subsequent years. This relationship between copyright exceptions and publishing is stronger in lower-income countries, and stronger where there is stricter copyright protection of existing works.

Brief Of International Law Scholars And Non-Governmental Organizations As Amici Curiae In Support Of Appellees In International Refugee Assistance Project V. Trump, 2017 U.S. 4th Cir., Amanda Frost

Amicus Briefs & Court Filings

No abstract provided.

Cooperative Enforcement In Immigration Law, Amanda Frost

Scholarly Articles in Law Reviews & Journals

ABSTRACT: Immigration officials take two approaches to unauthorized immigrants: Either they seek to deport them, or they exercise prosecutorial discretion, allowing certain categories of unauthorized immigrants to remain in the United States without legal status. Neither method is working. The executive lacks the resources to remove more than a small percentage of the unauthorized population each year, and prosecutorial discretion is by definition an impermanent solution that leaves unauthorized immigrants vulnerable to exploitation at both work and home - harming not just them, but also the legal immigrants and U.S. citizens with whom they live and work.This Article: suggests a …