Law and Society Commons^™

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

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

National Law School of India Review

Afterword.

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

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

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

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

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

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

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

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 …

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

Journal of Legislation

No abstract provided.

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

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.

Delegated Corporate Voting And The Deliberative Franchise, Sarah C. Haan

Seattle University Law Review

Starting in the 1930s with the earliest version of the proxy rules, the Securities and Exchange Commission (SEC) has gradually increased the proportion of “instructed” votes on the shareholder’s proxy card until, for the first time in 2022, it required a fully instructed proxy card. This evolution effectively shifted the exercise of the shareholder’s vote from the shareholders’ meeting to the vote delegation that occurs when the share-holder fills out the proxy card. The point in the electoral process when the binding voting choice is communicated is now the execution of the proxy card (assuming the shareholder completes the card …

Capitalism Stakeholderism, Christina Parajon Skinner

Seattle University Law Review

Today’s corporate governance debates are replete with discussion of how best to operationalize so-called stakeholder capitalism—that is, a version of capitalism that considers the interests of employees, communities, suppliers, and the environment alongside (if not before) a company’s shareholders. So much focus has been dedicated to the question of capitalism’s reform that few have questioned a key underlying premise of stakeholder capitalism: that is, that competitive capitalism does not serve these various constituencies and groups. This Essay presents a different view and argues that capitalism is, in fact, the ultimate form of stakeholderism. As such, the Essay urges that the …

The Esg Information System, Stavros Gadinis, Amelia Miazad

Seattle University Law Review

The mounting focus on ESG has forced internal corporate decision-making into the spotlight. Investors are eager to support companies in innovative “green” technologies and scrutinize companies’ transition plans. Activists are targeting boards whose decisions appear too timid or insufficiently explained. Consumers and employees are incorporating companies sustainability credentials in their purchasing and employment decisions. These actors are asking companies for better information, higher quality reports, and granular data. In response, companies are producing lengthy sustainability reports, adopting ambitious purpose statements, and touting their sustainability credentials. Understandably, concerns about greenwashing and accountability abound, and policymakers are preparing for action.

In this …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

The Marijuana Insurgency: Federalism And Social Reframing In Policy Reform, Matthew P. Cavedon

Seattle University Law Review

After fifty years of federal prohibition, marijuana reform efforts have won political and legal success. These victories hold lessons for anyone seeking to resist federal law without being able to directly affect it.

Victory can come from reframing an issue. For marijuana reform, social reframing—not formal legal analysis or material factors—provides the best explanation for how advocates achieved change. Their unconventional political tactics, akin to those used by insurgents in wartime, undercut federal prohibition by winning hearts and minds.

This is an analysis of the sociology of legal change. It is also the story of how ordinary Americans retook personal …