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Property Problems in the New Non-Marriage: Inheritance
Full text linkMarriage equality has been a hotly contested topic for many years, in both the court of public opinion and in courts of law. Major Supreme Court cases have found that marriage is a fundamental right, yet issues such as marriage outside of one’s race or to a person of the same gender have still been topics of litigation. At times, the very definition of marriage has been at issue, but throughout all of this litigation, courts have consistently defined marriage as a relationship between two people
Brief of Law Professors as Amici Curiae in Support of Respondent
Full text linkAmici are professors of law who have studied, taught, and written about prisoner litigation and about rights to jury trials. They submit this brief to share their views, based on that experience, on the proper interpretation of the Prison Litigation Reform Act) in light of the important jury trial rights at stake and the practical realities of prisoner litigation
The Climate-Arbitration Nexus: How Legitimate Expectations Shape Investor Claims In A Decarbonizing World
Full text linkThe global push for climate change mitigation, particularly through renewable energy promotion and fossil fuel phase-out, has sparked a surge in investor-state arbitrations. At the heart of these arbitrations lies the concept of “legitimate expectations,” which is considered by arbitral tribunals as a cornerstone of the fair and equitable treatment (FET) standard. This Article conducts a comprehensive analysis of diverse approaches adopted by arbitral tribunals in interpreting legitimate expectations in the context of climate action. It then delves into specific interpretations of this concept within two categories: disputes related to states’ renewable energy promotion policies and those that stem from fossil fuel phase-out measures. This Article also highlights the complexities and inconsistencies in the application of legitimate expectations in each context. Through this comprehensive analysis and examination, this Article offers a nuanced understanding of the interplay between investors’ legitimate expectations and state led climate regulations. In doing so, it aims to provide valuable insights for policymakers, legal practitioners, the international arbitration community and scholars in navigating these complex issues
The I.R.S. Is Trying to Uphold a Core Liberal Principle
No full textLast month the Internal Revenue Service did something remarkable: It proposed allowing houses of worship to engage in political speech and even endorse candidates without jeopardizing their ability to accept tax-deductible contributions
Fintech and Techno-Solutionism
Full text linkSilicon Valley-style technological innovation is ill-suited to addressing complex problems like financial inclusion, concentrated market power, and privacy harms, yet promises abound that “fintech” can fix them. This oversimplified reduction of complex structural problems into technological puzzles is known as “techno-solutionism,” and it poses real dangers for public policy. When we start with the tech industry’s favored tools and then ask how to solve complex problems using those tools – rather than starting by defining the problem to be solved – it can distract policymakers from supporting real, structural solutions. Techno-solutionism can also deter policymakers from interrogating the limitations, and regulating the harms, of the proffered technological solutions.This Article argues that not only are many fintech products themselves extremely techno-solutionist, techno-solutionism is also impeding financial regulation’s ability to protect the public from fintech’s harms. It makes three major contributions. First, this Article offers a theory of how the law can perpetuate, and then be stymied by, techno-solutionism. Second, it comprehensively calls out the techno-solutionism inherent in many fintech offerings (particularly crypto), laying bare their harms and demonstrating where they are unable to solve the problems they claim to address. Such harmful non-solutions do not warrant accommodative regulatory treatment – and yet, some policymakers have sought to give fintech products just that. This Article’s third contribution is a detailed exploration of techno-solutionism’s impact on US financial regulatory policy as it pertains to fintech. This Article also uses this lens to consider how techno-solutionism might impact the regulation of AI in financial services
Gen Y More Black Corporate Directors
Full text linkCorporate diversity has been in the spotlight for decades. Recent efforts have followed years of legal scholarship, arguments on the business rationale for greater diversity, and more recently, the racial unrest during the summer of 2020. Called by some, a “racial reckoning,” the summer of 2020 catalyzed many corporate declarations on the importance of diversity, and more to the point of this article, the necessity of righting the economic disadvantages of Black Americans. This article looks specifically at one intervention by a corporate player following summer 2020, Nasdaq’s volley to increase corporate diversity through required disclosure. This article reviews the state of Black representation on corporate boards: its history, proffered challenges and barriers, and calls to increase Black representation. Following a description of Nasdaq’s efforts, this article argues that disclosure of board demographics will be a powerful tool for increasing the ranks of Black corporate directors because of an important constituency, Millennials. Millennials exert influence as retail investors, clients of some of the largest institutional investors, and as consumers. The diversity, capital, social views, and ideas on corporate purpose shared by Millennials and their younger peers mean diversity disclosures can have material impact. This is important because diversifying the nation’s corporations can play a role in alleviating the centuries of economic exclusion meted out against Black Americans. This article is the first to connect the effectiveness of diversity disclosures on Black corporate representation with Millennials’ expanding investment activity. This confluence of factors makes Nasdaq’s disclosure rule an important model for others invested in diversity in the wake of recent U.S. Supreme Court jurisprudence
Should Decisions of Independent Accountability Mechanisms be Binding?
Full text linkIn this essay, it is argued that IAMs should be empowered with binding decision-making authority to enhance their effectiveness and ensure that justice is served, and remedies delivered. This argument is supported by analyzing the right of access to justice. Further, this essay analyses existing mechanisms with binding decision-making power that have already been created or acknowledged by IFIs; these mechanisms include IFI administrative tribunals for employees, arbitration processes for commercial disputes, integrity related sanctions regimes, and the appeal bodies that hear access to information decisions. The IFIs’ embrace of binding decisions in these contexts demonstrates that nothing prevents IFIs from taking a binding approach if they decide to do so
Facilitating Trust Arbitration by Amending the Federal Arbitration Act
Full text linkOver the last few years, a new dispute resolution procedure has burst onto the domestic and international stage: trust arbitration, which allows an arbitration provision located in a trust to trigger arbitration of internal trust disputes arising either between trust beneficiaries or between beneficiaries and the trustee
Objectives and Principles for an Instrument on Limitations and Exceptions: Relevant Excerpts and Proposals
Full text linkThe Committee on Copyright and Related Rights (SCCR) has been mandated by the 2012 General Assembly to work toward “an appropriate international legal instrument or instruments (whether through model law, joint recommendation, treaty, and/or other forms)”. In SCCR 43, the Committee adopted a Work Program (SCCR/43/8) to draft “objectives, principles, and options” for potential instruments. With the goal of facilitating the discussion within the Committee and the design of principles and objectives, our research team systematically gathered and organized relevant excerpts from a variety of sources including existing treaties, laws, SCCR documents, academic contributions, and civil society proposals. This document presents a collection of relevant excerpts aimed at supporting the drafting of principles and objectives for an instrument on Limitations and Exceptions (L&E), and address areas such as educational uses, preservation activities, research facilitation, technological measures, orphan works, cross-border cooperation, and rights for persons with disabilities