The 2024 Cardozo Colloquium On Global And Constitutional Theory: How The Supreme Court Lost The American Public,
2024
Yeshiva University, Cardozo School of Law
The 2024 Cardozo Colloquium On Global And Constitutional Theory: How The Supreme Court Lost The American Public, Floersheimer Center For Constitutional Democracy
Flyers 2023-2024
No abstract provided.
Containerization Of Seafarers In The International Shipping Industry: Contemporary Seamanship, Maritime Social Infrastructures, And Mobility Politics Of Global Logistics,
2024
The Graduate Center, City University of New York
Containerization Of Seafarers In The International Shipping Industry: Contemporary Seamanship, Maritime Social Infrastructures, And Mobility Politics Of Global Logistics, Liang Wu
Dissertations, Theses, and Capstone Projects
This dissertation discusses the mobility politics of container shipping and argues that technological development, political-economic order, and social infrastructure co-produce one another. Containerization, the use of standardized containers to carry cargo across modes of transportation that is said to have revolutionized and globalized international trade since the late 1950s, has served to expand and extend the power of international coalitions of states and corporations to control the movements of commodities (shipments) and labor (seafarers). The advent and development of containerization was driven by a sociotechnical imaginary and international social contract of seamless shipping and cargo flows. In practice, this liberal, …
Identifying A Finacial Footprint Of Human Trafficking,
2024
Yeshiva University, Cardozo School of Law
Identifying A Finacial Footprint Of Human Trafficking, Cardozo International Law Society (Cils)
Flyers 2023-2024
No abstract provided.
Human Rights Without Borders,
2024
Northwestern Pritzker School of Law
Human Rights Without Borders, Christian Gonzalez Chacon
Northwestern Journal of Human Rights
In the current global context, millions of people are forced to migrate
yearly for reasons ranging from persecution and violence, internal armed
conflicts, and forced displacement, to lack of employment and climate
change. In the Americas, we recently witnessed the phenomenon of the
“migrant caravans,” where thousands of people, mostly from the Northern
Triangle of Central America—El Salvador, Honduras, and Guatemala—
were willing to walk hundreds of miles to enter the U.S.-Mexico border to
escape poverty and violence in their countries. Another caravan of close to
10,000 migrants from the Northern Triangle of Central America including
Guatemala, El Salvador and …
Zero-Option Defendants: United States V. Mclellan And The Judiciary's Role In Protecting The Right To Compulsory Process,
2024
Columbia University
Zero-Option Defendants: United States V. Mclellan And The Judiciary's Role In Protecting The Right To Compulsory Process, Wisdom U. Onwuchekwa-Banogu
JCLC Online
How does one obtain evidence located outside the United States for a criminal trial? For prosecutors, the answer is an exclusive treaty process: Mutual Legal Assistance Treaties (MLATs). Defendants, on the other hand, may only use an unpredictable, ineffective, non-treaty process: letters rogatory. The result is a selective advantage for law enforcement at the expense of the defendant. Though this imbalance necessarily raises Sixth Amendment Compulsory Process Clause concerns, MLATs have remained largely undisturbed because defendants still have some form of process, albeit a lesser one. But what happens when the letters rogatory process is also closed off to the …
30 Years Removed, Oil-Spill Liability Insurance's Evolution Since The 1989 Exxon Valdez Incident,
2024
Arcina Risk Group
30 Years Removed, Oil-Spill Liability Insurance's Evolution Since The 1989 Exxon Valdez Incident, Rejo Mathew
Ocean and Coastal Law Journal
In the thirty years since the Exxon Valdez incident, much has changed. This article looks back at the events of the accident and the subsequent changes to the marine pollution insurance industry, from the statutes regulating oil tankers in 1989 to the Oil Pollution Act of the 1990. The regulatory framework resulting from the Exxon Valdez is examined and compared to the litigation deriving from the spill.
Legal, Policy, And Environmental Scholars Discuss Global Food Systems At Indiana Law Symposium,
2024
Maurer School of Law: Indiana University
Legal, Policy, And Environmental Scholars Discuss Global Food Systems At Indiana Law Symposium, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
The Indiana University Maurer School of Law and its Indiana Journal of Global Legal Studies are hosting scholars from around the country Friday and Saturday (Jan. 19-20) for an interdisciplinary discussion on one of the world’s most prevalent problems—food insecurity.
Data from the World Bank estimate more than 780 million people around the world suffered from chronic hunger in 2022. As climate change affects agricultural production and water accessibility, the problem could worsen in coming years.
“A Fragile Framework: How Global Food Systems Intersect with the International Legal Order, the Environment, and the World’s Populations” will bring together legal, policy, …
Indigenous Peoples, Land Grabs In Brazil, And The Fight For Official Recognition,
2024
Cardozo International & Comparative Law Review
Indigenous Peoples, Land Grabs In Brazil, And The Fight For Official Recognition, Christian Zavardino
CICLR Online
In recent years, the Indigenous peoples of Brazil have fought a host of legal obstacles to maintain sovereignty over their traditional ancestral lands, in large part owing to the policy imperatives of successive presidential administrations and Congresses that have favored agribusiness interests and commercial development of Brazil’s interior regions at the expense of the Indigenous peoples who live in these areas. The Brazilian Constitution of 1988 guarantees Brazil’s Indigenous peoples legal recognition of their ancestral lands via the “land demarcation” or “official land recognition” process, providing that the federal government shall recognize “their original rights to the lands they traditionally …
Enforcing International Human Rights Law Against Corporations,
2024
Osgoode Hall Law School of York University
Enforcing International Human Rights Law Against Corporations, Barnali Choudhury
All Papers
International human rights law is generally thought to apply directly to states, not to corporations since the latter is not a subject of international law. Some domestic courts are, however, enforcing these norms against corporations in domestic settings. Canadian courts have, for instance, recognized that corporations can be liable for breach of customary international law norms while UK courts have enforced international human rights norms indirectly against corporations relying on a combination of domestic corporate and tort law.
At the same time, some states are choosing to enforce international human rights norms against corporations using regulatory initiatives. These initiatives, known …
Calming The Waters: The International Atomic Energy Agency As A Viable Model To Address Water Weaponization,
2024
Emory University School of Law
Calming The Waters: The International Atomic Energy Agency As A Viable Model To Address Water Weaponization, Jenna Beasley
Emory International Law Review
No abstract provided.
“Green” Is The New Black: Enforcing Consumer Protection Laws Against Greenwashing In The Fashion Industry,
2024
Emory University School of Law
“Green” Is The New Black: Enforcing Consumer Protection Laws Against Greenwashing In The Fashion Industry, Emma Sammons
Emory International Law Review
As climate change continues to relentlessly change landscapes, threaten harvests, and increase the frequency of natural disasters, legislators and regulators globally must expand upon their efforts to protect the environment and citizens from the harmful practices of corporations, some of the greatest contributors to climate change. One of the greatest perpetrators of harm to the environment is the fashion industry. The harm is further compounded by the rise of fast fashion companies. These companies utilize methods of rapid production and encourage overconsumption, resulting in a rampant storefront to landfill cycle. However, legal activists, politicians, the public, and some industry leaders …
Oecd Two-Pillar Globe Rules: Is It Time To Abandon Hope For International Cooperation On A Global Minimum Corporate Income Tax?,
2024
Emory University School of Law
Oecd Two-Pillar Globe Rules: Is It Time To Abandon Hope For International Cooperation On A Global Minimum Corporate Income Tax?, Willem Vandermeulen
Emory International Law Review
No abstract provided.
The Shift In Power Distribution And Its Influence On The Law Of The Sea,
2024
University of Pennsylvania Carey Law School
The Shift In Power Distribution And Its Influence On The Law Of The Sea, Youngmin Seo
University of Pennsylvania Journal of International Law
Power and its distribution have always been the central themes of international law, yet international lawyers have paid limited attention to the correlation between power shifts and legal change. Notably, international law effectively operates when balance of power is sustained. With this qualification, this paper examines the relationship of international law with the change in power distribution, arguing that international law should proactively attend to power in order to contribute to the peaceful reconfiguration of the international system. Furthermore, this paper explores the mechanism of power shift being transmitted to law shift and specifically adduces the process and effectiveness of …
The Need For A United States National Antiquities Database: A Valuable Suggestion From The Nicosia Convention,
2024
Santa Clara Law
The Need For A United States National Antiquities Database: A Valuable Suggestion From The Nicosia Convention, Sula, Dea
Santa Clara Journal of International Law
Antiquities trafficking is an international cultural and security risk due to the involvement of organized crime. The Nicosia Convention proposes utilization of shared national databases cataloging antiquities as a method to combat the antiquities black market. The United States should adopt this database recommendation. A comprehensive database of antiquities in the U.S. is technically feasible. Further, a database would strengthen American criminal law by creating evidence that a buyer could have notice and knowledge of the status of a trafficked antiquity, the lack of which currently incentivizes authorities to use civil forfeiture actions instead of criminal prosecution. Implementing an antiquities …
The Exceptional Unfairness Of The “Exceptional And Extremely Unusual Hardship” Test,
2024
Santa Clara Law
The Exceptional Unfairness Of The “Exceptional And Extremely Unusual Hardship” Test, Bin Mohsin, Momin
Santa Clara Journal of International Law
Legislators often face criticism for introducing ambiguous terms into law. The "exceptional and extremely unusual hardship" (EEUH) standard in U.S. immigration law is one such prominent example. Delving into a historical analysis, the article tracks the evolution of the EEUH standard from its incorporation in the Immigration and Nationality Act of 1952 to its current applications. Through a comprehensive survey across different jurisdictions such as the UK, Canada, and Australia, the paper exposes the inadequacies of the EEUH standard, emphasizing its obsolescence. Advocating for a paradigmatic reassessment, it proposes the replacement of the EEUH standard with the “best interest of …
Law In Books Versus Law In Action In The Landmark Shenzhen, China, Personal Bankruptcy Regime,
2024
Emory University School of Law
Law In Books Versus Law In Action In The Landmark Shenzhen, China, Personal Bankruptcy Regime, Jason J. Kilborn
Emory Bankruptcy Developments Journal
The first personal bankruptcy regime in Mainland China celebrated its second anniversary on March 1, 2023. An empirical assessment of the law in action during these first two years reveals some troubling deviations from the early promises of the new law on the books. In the first year, a handful of judges were charged with an arduous in-person review process for over 1,000 applicants, and they accepted only twenty-five for case initiation. In the second year, initial case review was delegated to an administrative body—an important efficiency enhancement that tripled the number of opened cases. Nonetheless, most debtors continue to …
The Rise Of General Jurisdiction Over Out-Of-State Enterprises In The United States,
2024
Emory University School of Law
The Rise Of General Jurisdiction Over Out-Of-State Enterprises In The United States, Peter Hay
Emory International Law Review
In June 2023, the U.S. Supreme Court continued its revision of personal jurisdiction law, in this case by refining, thereby perhaps expanding, the law of when a court may exercise general personal jurisdiction – that is, jurisdiction over all claims – over a non-resident person or an out-of-state enterprise. In Mallory v. Norfolk Southern Railway Co., it held in a 4+1:4 decision that, when a state requires a non-resident company to register to do business in the state and such registration constitutes consent to jurisdiction over all claims against it, such exercise is permitted. In reaching its conclusion, the Court …
Where Custom Dictates: A Comparison Of The Integration Of Customary Law In Nigeria And South Africa As Applicable To Custody And Family Law Dispute,
2024
Emory University School of Law
Where Custom Dictates: A Comparison Of The Integration Of Customary Law In Nigeria And South Africa As Applicable To Custody And Family Law Dispute, Madelyn Cameron
Emory International Law Review
No abstract provided.
Shareholder Primacy Versus Shareholder Accountability,
2024
Seattle University School of Law
Shareholder Primacy Versus Shareholder Accountability, William W. Bratton
Seattle University Law Review
When corporations inflict injuries in the course of business, shareholders wielding environmental, social, and governance (“ESG”) principles can, and now sometimes do, intervene to correct the matter. In the emerging fact pattern, corporate social accountability expands out of its historic collectivized frame to become an internal subject matter—a corporate governance topic. As a result, shareholder accountability surfaces as a policy question for the first time. The Big Three index fund managers, BlackRock, Vanguard, and State Street, responded to the accountability question with ESG activism. In so doing, they defected against corporate legal theory’s central tenet, shareholder primacy. Shareholder primacy builds …
Public Primacy In Corporate Law,
2024
Seattle University School of Law
Public Primacy In Corporate Law, Dorothy S. Lund
Seattle University Law Review
This Article explores the malleability of agency theory by showing that it could be used to justify a “public primacy” standard for corporate law that would direct fiduciaries to promote the value of the corporation for the benefit of the public. Employing agency theory to describe the relationship between corporate management and the broader public sheds light on aspects of firm behavior, as well as the nature of state contracting with corporations. It also provides a lodestar for a possible future evolution of corporate law and governance: minimize the agency costs created by the divergence of interests between management and …
