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Domestic Mandatory Human Rights Due Diligence Laws as Global Business and Human Rights Regulation
Get PDFThe last decade has witnessed a paradigm shift in business and human rights (BHR) from soft law to hard law. Although the Global South has pushed for an international treaty, legislators in Europe turned their focus from international law to domestic mandatory human rights due diligence (mHRDD) laws with extraterritorial implications, enforcing localized human rights standards globally. This Article examines the impact of mHRDD legislation as global BHR regulation from a Third World Approaches to International Law perspective. The Article makes three contributions. First, it argues that the current divide between the Global North and South continues a historical struggle over setting international rules on multinationals. Second, it illustrates how Eurocentric mHRDD laws could become de facto global BHR regulation and perpetuate historical inequalities. Third, it examines the ramifications of mHRDD laws on the ongoing BHR treaty process, advocating the latter as a more equitable and effective solution
A Stepwise Approach to Copyright and Generative Artificial Intelligence
No full textIn order to understand whether generative AI may infringe copyrights, one must first have a sound grounding in the technical complexities of the “generative AI supply chain.” This Article not only explains the technology in terms accessible to a legal audience, but also explores the doctrinal complexities of how generative AI maps onto existing copyright law. The authors do an admirable job in accomplishing both goals
Advancing Diversity in College Admissions: What Comes Next
No full textThe integral work of advancing inclusive excellence in higher education continues after the Supreme Court’s ruling on race-conscious admissions. Our panel of AU experts will explore the work following the Supreme Court’s ruling, challenges presented by the decision, and the path forward to continue pursuing diversity in higher education student populations
La Relación Entre la Discriminación Racial y los Derechos Humanos en el Sistema Interamericano de Derechos Humanos: Estándares Establecidos Vinculados al Principio de Igualdad y no Discriminación
No full textEducating Deal Lawyers for the Digital Age
Get PDFCourses and programs that address law and emerging technologies are proliferating in U.S. law schools. Technology-related issues pervade the curriculum. This Essay presents two instances in which new technologies present challenges for deal lawyers. It explores how exposing students to closing opinions practice can prepare them to engage these challenges. Both examples involve common commercial contexts and lessons relevant to students of business associations and of the Uniform Commercial Code. The first, which deals with enforceability opinion letters, presents technical legal difficulties arising from recent developments in law and technology. The second, involving complex doctrines at the heart of financial markets, presents ethical questions for students, attorneys, and lawmakers to digest. These examples show how thoroughly emerging technologies such as artificial intelligence and distributed ledgers can implicate business law doctrine and practice and, consequently, how imperative it is that legal education prepare students for practice in the digital age
AI Meets Copyright: Understanding New York Times v. Open AI
No full textArtificial intelligence is the most important technological tool being developed today, but the use of preexisting copyrighted works to train these AI systems is deeply controversial. At the end of 2023 the New York Times sued OpenAI and Microsoft, alleging that OpenAI\u27s use of articles from the New York Times to train their ChatGPT large language model constitutes copyright infringement. An answer is due at the end of February, and it\u27s expected the case will revolve on the question of whether the use of the copyrighted content of the Times was a fair use. The fair use analysis will likely turn on whether the use of copyrighted content to train a AI system transforms the work in a way which makes the use fair. The Supreme Court has spoken on this question twice recently, holding that Google\u27s use of parts of Oracle\u27s Java programming language to build the Android operating system was transformative, but that the licensing of a Andy Warhol work based on a photograph by Lynn Goldsmith was not transformative of Goldsmith\u27s work. Also important and perhaps most on-point is a decision of the Ninth Circuit Court of Appeals that Google\u27s Image Search system is transformative of the photographs it indexes and displays as thumbnails.
To help understand this case Professors Charles Duan from the American University Washington College of Law and Zvi Rosen of the Simmons School of Law at Southern Illinois University will be joined by Steven Tepp of Sentinel Worldwide, who is also a Lecturer at the George Washington University School of Law and formerly of the U.S. Copyright Office. John Moran of Holland & Knight will moderate the panel and provide additional perspective.
Featuring:
Charles Duan, Assistant Professor of Law, American University Washington College of Law
Zvi Rosen, Assistant Professor, Southern Illinois University School of Law
Steven M. Tepp, CoFounder, RightsClick
Moderator: John P. Moran, Of-Counsel, Holland & Knigh
Out-of-State Abortion on Company Dime: An Analysis of State Legislation and ERISA
Get PDFThis Note analyzes the various types of state abortion bans, focusing on those with aiding and abetting clauses. These bans impose civil liability for anyone, including companies providing abortion access benefits, who help a pregnant person gain access to abortion. Additionally, this Note analyzes federal legislation to determine if any retaliatory actions taken against companies violate federal law. This legislation includes the Employee Retirement Income Security Act (“ERISA”) which creates uniformity in insurance and benefits coverage by superseding any state law that references or relates to an ERISA plan. Many advocates believe that ERISA is a company’s greatest defense to civil liability under state abortion laws.
This Note argues that the aiding and abetting clauses within the state laws are preempted by ERISA. This is due to the type of state law creating the liability and the methods companies can use to provide abortion care benefits. Finally, this Note concludes that ERISA protects from some liability but not all. Therefore, this Note recommends that Congress pass additional legislation to protect the right of companies to provide reproductive healthcare benefits to their employees without the risk of lawsuits being filed against the
Independent International Panel on Arbitrary Detention in State-to-State Relations - Biographies
No full textIn January 2024, the Independent International Panel (the Panel) on Arbitrary Detention in State-to-State Relations was formed to identify, clarify and address gaps in international legal frameworks related to arbitrary detention for political leverage
Gender and International Criminal Law
No full textIn collaboration with Women’s Initiatives for Gender Justice, Legal Action Worldwide, UN Women, the Australian Embassy in The Hague and the International Gender Champions Network, the Grotius Centre for International Legal Studies is pleased to announce the Gender and International Criminal Law conference, which will take place on 16 and 17 January 2024 in The Hague.
Save the dates for this conference, which will explore pivotal issues that push the boundaries of gender justice in International Criminal Law. This two-day conference will bring together over 100 key figures in the field of Gender Justice to share knowledge, inspire practical solutions and create a renewed energy to inform a more equitable International Criminal Law field.
The motivating factors behind this conference are the publication of the comprehensive book entitled Gender and International Criminal Law in July 2022 (Oxford University Press), edited by Indira Rosenthal, Valerie Oosterveld, Susana SáCouto, and a new initiative to establish a Gender Justice Practitioner Hub (GJP Hub) to support and connect practitioners involved in securing gender justice.
Join us as we bring together over 100 key figures in the field of Gender Justice for an engaging exploration of pivotal issues. The aim of this conference is to facilitate knowledge sharing, inspire practical solutions and create a renewed energy in order to shape a more equitable International Criminal Law field
Adopting the Benefit-of-the Doubt Rule in Veterans\u27 Affairs Adjudication that Congress Intended
Get PDFThis Comment examines the Federal Circuit’s interpretation of 38 U.S.C § 5107(b), more commonly known as the “benefit-of-the-doubt” rule as it applies to the adjudication of claims by the U.S. Department of Veterans Affairs. The benefit-of-the-doubt rule is a unique standard of proof in American jurisprudence in that, by its own text, purports to instruct the Department of Veterans Affairs to give claimants the benefit of the doubt in situations where the available evidence does clearly support a case for benefits. This Comment proceeds by reviewing the history of veteran benefits adjudication in the United States and the regulatory history of the benefit-of-the-doubt rule. It continues by analyzing the statutory history of § 5107(b) and case law interpreting it using recognized canons of statutory construction. Ultimately, this Comment concludes that the Federal Circuit has likely misinterpreted § 5107(b), narrowing its application, despite textual and Congressional evidence that it should apply more broadly than tie-breaking scenarios