Los Recursos Naturales De Alto Valor: ¿Una Bendición O Una Maldición Para La Paz?,
2020
Universidad Noruega de Ciencia y Tecnología
Los Recursos Naturales De Alto Valor: ¿Una Bendición O Una Maldición Para La Paz?, Päivi Lujala, Siri Aas Rustad
Sustainable Development Law & Policy
No abstract provided.
Dejarles En Bancarrota A Los Saqueadores De Paz: ¿Cuál Es El Rol De Las Fuerzas De Paz De La Onu?,
2020
Universidad de Columbia Británica
Dejarles En Bancarrota A Los Saqueadores De Paz: ¿Cuál Es El Rol De Las Fuerzas De Paz De La Onu?, Philippe Le Billon
Sustainable Development Law & Policy
No abstract provided.
Nota Del Los Editores,
2020
American University Washington College of Law
Nota Del Los Editores, Veronica Kennedy, Jocelyn Rivera
Sustainable Development Law & Policy
No abstract provided.
Faculty Profiles,
2020
American University Washington College of Law
Faculty Profiles, David Newman
Sustainable Development Law & Policy
No abstract provided.
Coral Reefs In The Philippines,
2020
American University Washington College of Law
Coral Reefs In The Philippines, Maggie Parks
Sustainable Development Law & Policy
No abstract provided.
Practitioner's Corner: Ken Markowitz On Serving As An Environmental Advocate,
2020
American University Washington College of Law
Practitioner's Corner: Ken Markowitz On Serving As An Environmental Advocate, Kimberly Righter
Sustainable Development Law & Policy
No abstract provided.
2001 Supreme Court Redux,
2020
American University Washington College of Law
2001 Supreme Court Redux, Mary Stevens
Sustainable Development Law & Policy
No abstract provided.
Next Verse, Same As The First: Inadequacies In The Government's Legal Approach Toward Biotechnology,
2020
American University Washington College of Law
Next Verse, Same As The First: Inadequacies In The Government's Legal Approach Toward Biotechnology, Kimberly Righter
Sustainable Development Law & Policy
No abstract provided.
Implementing Kyoto,
2020
Center for International Environmental Law
Implementing Kyoto, Glenn Wiser
Sustainable Development Law & Policy
No abstract provided.
Public Rights After Oil States Energy,
2020
Faulkner University, Thomas Goode Jones School of Law
Public Rights After Oil States Energy, Adam J. Macleod
Notre Dame Law Review
The concept of public rights plays an important role in the jurisprudence of the Supreme Court of the United States. But as the decision in Oil States last Term revealed, the Court has often used the term to refer to three different concepts with different jurisprudential implications. Using insights drawn from historical and analytical jurisprudence, this Article distinguishes the three concepts and examines how each of them is at work in patent law. A precise reading of Oil States also bears lessons for other areas of law that implicate both private rights and duties and the administration of public, regulatory …
The Cost Of Novelty,
2020
University of Michigan Law School
The Cost Of Novelty, Will Nicholson Price Ii
Articles
Patent law tries to spur the development of new and better innovative technology. But it focuses much more on “new” than “better”—and it turns out that “new” carries real social costs. I argue that patent law promotes innovation that diverges from existing technology, either a little (what I call “differentiating innovation”) or a lot (“exploring innovation”), at the expense of innovation that tells us more about existing technology (“deepening innovation”). Patent law’s focus on newness is unsurprising, and fits within a well-told narrative of innovative diversity accompanied by market selection of the best technologies. Unfortunately, innovative diversity brings not only …
Symposium 2019: Restorative Justice,
2020
University of Richmond
Symposium 2019: Restorative Justice
Richmond Public Interest Law Review
No abstract provided.
Symposium 2019: Restorative Justice,
2020
University of Richmond
Symposium 2019: Restorative Justice
Richmond Public Interest Law Review
No abstract provided.
Constructive Dialogue: Beps And The Tcja,
2020
University of Michigan Law School
Constructive Dialogue: Beps And The Tcja, Reuven S. Avi-Yonah
Law & Economics Working Papers
US international tax law is commonly conceived as developed in the US and influencing the development of other countries' international tax law. This paper will argue that in the case of the TCJA, the US legislation was heavily influenced by the OECD BEPS project, and that the continuing OECD work in Pillars I and II is likely to have a similar influence on the future development of US international tax law.
Movement Lawyering,
2020
UCLA School of Law
Movement Lawyering, Scott L. Cummings
Indiana Journal of Global Legal Studies
This article examines the relation between movement lawyering and American legal theory, explores the meaning and content of movement lawyering in the contemporary American context, and reflects on the implications of movement lawyering for the theory and practice of access to justice around the globe. It suggests that the rise of movement lawyering signals frustration with process-oriented solutions to fundamental problems of inequality and discrimination in the legal system, and challenges access to justice proponents to frame their work in connection with a political strategy that builds on movements for progressive legal change. In this sense, the article suggests that …
Access To Justice For Collective And Diffuse Rights: Theoretical Challenges And Opportunities For Social Contract Theory,
2020
University of Louisville, Louis D. Brandeis School of Law
Access To Justice For Collective And Diffuse Rights: Theoretical Challenges And Opportunities For Social Contract Theory, Colin Crawford
Indiana Journal of Global Legal Studies
This analysis consists of three principal parts. First, it briefly reviews the classical contract account that explains how and why individuals enter civil society, found in the writings of both Hobbes and Locke. The analysis then examines the limited extent to which classical contract theory treats questions of rights vindication or, in more modern terms, with questions of access to justice. Second, the analysis examines the nature of collective and diffuse rights claims and will make a case for their importance in the modern world. Third, the analysis seeks to identify arguments from the classical account that might be useful …
Public Law, Precarity, And Access To Justice,
2020
University of Copenhagen School of Law
Public Law, Precarity, And Access To Justice, Amnon Lev
Indiana Journal of Global Legal Studies
In the first part, I examine Thomas Hobbes' theory of commonwealth to see how it situates subjects in relation to justice. Hobbes famously founds his commonwealth on the equal subjection of all to the Leviathan, which is the equal subjection of all to law. We need to understand why he nevertheless needs to accommodate the diversity of society-the basic fact that some are weak while others are not-into the operation of the public law machine. As we shall see, the accommodation of social diversity is tied to a proto-liberal distinction between social spheres that relegates much of human life to …
Member States' Due Diligence Obligations To Supervise International Organizations,
2020
University of Michigan Law School
Member States' Due Diligence Obligations To Supervise International Organizations, Kristina Daugirdas
Law & Economics Working Papers
There are two reasons to consider obligations to supervise international organizations as a distinct category of due diligence obligations. First, due diligence obligations typically require states to regulate third parties in some way. But it is harder for states to regulate international organizations unilaterally than to regulate private actors within their own territories because international law protects the autonomy of those organizations. Second, such due diligence obligations merit attention because they may compensate for the dearth of mechanisms to hold international organizations accountable when they cause harm. These accountability concerns are especially acute when it comes to private individuals who …
Breaking The Silence: Why International Organizations Should Acknowledge Customary International Law Obligations To Provide Effective Remedies,
2020
University of Michigan Law School
Breaking The Silence: Why International Organizations Should Acknowledge Customary International Law Obligations To Provide Effective Remedies, Kristina Daugirdas, Sachi Schuricht
Law & Economics Working Papers
To date, international organizations have remained largely silent about their obligations under customary international law. This chapter urges international organizations to change course, and to expressly acknowledge customary international law obligations to provide effective remedies. Notably, international organizations’ obligations to afford effective remedies need not precisely mirror States’ obligations to do so. Instead, international organizations may be governed by particular customary international law rules. By publicly acknowledging obligations to afford effective remedies, international organizations can influence the development of such particular rules. In addition, by acknowledging obligations to afford effective remedies — and by actually providing effective remedies — international …
The Essential Roles Of Agency Law,
2020
University of Michigan Law School
The Essential Roles Of Agency Law, Gabriel Rauterberg
Michigan Law Review
This Article suggests a fundamental shift in how we think about agency. The essential function of agency law lies not only in enabling the delegation of authority, as is widely suggested, but as significantly in its effect on creditors’ rights through asset partitioning. There is an increasing temptation in legal scholarship to treat agency law as a sideshow confined to the first day of corporations class. This is because much of what agency law does in commerce could simply be accomplished through standard-form contracts that provide default terms for the relationships among firms, their managers, and third parties. Even agency’s …
