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The Planned Pregnancy Problem: Incentivizing Uniform Surrogacy Law Reform Through Title X Expansion
No full textThe late twentieth century saw a unique moment in legal, social, and medical development throughout the United States. As social issues pushed to the forefront of political debate, new federal programs emerged. With the advent of new contraceptive technologies, including birth control pills and intrauterine devices (IUDs), and growing concerns surrounding population growth following the post-World War II baby boom, the United States government saw a benefit in promoting accessible family planning services. While many Americans prospered under the United States’ economic growth and new international political presence in the late twentieth century, acute wealth disparities spurred political action and ushered in the War on Poverty. During this period, new social services became a pillar for providing economic relief to many families, with new access to contraception and sexual health advancements providing opportunities for family planning—including deciding whether or not to have children. With government-assisted access to such healthcare, many Americans gained greater personal and financial control because of family planning
The Downstream Consequences of Transunion LLC v. Ramirez: Why 5 U.S.C. § 2954 Plaintiffs Have Article III Standing Consistent With Lower Courts’ Interpretation of Transunion
No full textThe Supreme Court, in TransUnion LLC v. Ramirez, created additional standing hurdles by requiring plaintiffs to identify a common law historic-analogue when alleging a statutory harm. In doing so, the Court arguably limited informational standing—a unique Article III standing theory whereby plaintiffs may establish an injury for failure to receive information—because informational injuries did not exist at common law.
This Comment asks whether informational standing survives in a post-TransUnion universe, using 5 U.S.C. § 2954 and lower courts’ interpretation of TransUnion for guidance. The statute, § 2954, comes to light in a string of litigation involving the potential illegality of former president Trump’s lease of the Old Post Office Building in Washington, DC.
This Comment argues that § 2954 plaintiffs can sufficiently establish “downstream consequences” from their failure to receive information and therefore suffer an informational injury consistent with Article III. Additionally, this Comment recommends that lower courts differentiate between TransUnion’s “historic-analogue test” and “downstream consequences” test when deciding whether plaintiffs have an informational injury to ensure the survival of informational standing
Deception in Place of Equal and Impartial Administration of Justice: The Use of Deception When Interrogating Juveniles
No full textThe Exonerated Five, the Groveland Four, Huwe Burton, Peter Reilly, Leon Brown, and hundreds more juveniles have had their convictions overturned because law enforcement agents induced them into making false confessions through deceptive interrogation tactics. A Florida judge exonerated the Groveland Four after decades of jail time because of the prosecution’s gross miscarriage of justice when they were juveniles. Law enforcement coerced Huwe Burton into offering a false confession at sixteen years old, leaving Burton to spend nineteen years in prison. At eighteen, law enforcement induced Peter Reilly into falsely confessing by lying “that he failed a polygraph exam,” resulting in Reilly serving prison time
Thirty Years of Accountability in International Development: Insights from the General Counsel of the World Bank Group
Get PDFThe creation of the World Bank’s Inspection Panel in 1993 was a groundbreaking moment in international development. The first accountability mechanism of its kind, it established a precedent for accountability in development that has been followed by multiple development banks and international financial institutions over the last decades. Today, the credibility of international financial institutions rests significantly on the mechanisms that they put in place to check their own behavior and the avenues they offer for affected communities and individuals to raise questions of harm related to the projects financed by these institutions. This essay is a reflection on the Panel’s thirty years of operation, its achievements, and lessons learned. It offers a brief account of the Panel’s role in shaping accountability in the work of the World Bank. Ultimately, this essay argues that independent accountability mechanisms remain a vital cornerstone of effective, transparent, and responsible sustainable development
A Comparative Analysis of Domestic and International Legislation on Combating International Bribery and Corruption
Get PDFThis composition compares and contrasts the legislation used in addressing and preventing transnational bribery and corruption at the domestic, regional, and international level. Using the history and current application of the United States Foreign Corrupt Practices Act as a foundation, this composition analyzes the legislation of fifteen nations, two international organizations, and three regional bodies, and their approaches in combating the growing issue of transnational bribery and corruption. This composition analyzes and interprets the common themes, historical and contemporary patterns, as well as trends at each government level, and potential future courses of action. The denouement of this work seeks to present an egalitarian solution that accentuates the noteworthy characteristics of each level, and how they can function in a single, harmonious mechanism
The Right to Research as Guarantor for Sustainability, Innovation and Justice in EU Copyright Law
Get PDFResearch is essential for scientific, cultural, and social advancement and will be crucial for the economic and societal recovery in a post-pandemic world. Restrictions to access and use of information contained in copyright-protected expression however can constitute significant hindrances to conducting research efficiently, especially since modern research methods rely on accessing, storing and processing large amounts of digitized data. Over the last decade, copyright in the European Union (EU) has undergone a process of constitutionalization, which saw a growing importance of fundamental rights arguments in policy- and law-making, as well as in the jurisprudence of the Court of Justice of the European Union. However, research, as an activity that is indispensable to achieve the aims and objectives of the Union to enable technological, scientific, and cultural progress and work towards a sustainable future, has insufficiently featured in this constitutional discourse. The digital environment and its tremendous potential to enable new forms of research has accentuated the urgency of addressing the issue from a constitutional perspective under the heading of “digital constitutionalism”. It is therefore argued that a ‘right to research’ derived from international and European human and fundamental rights law can play an important role in the future to remove copyright barriers to research activities and to inform reforms towards more sustainable and research friendly copyright laws in the EU. Although a ‘right to research’ is not expressly included in any of the relevant human rights and fundamental rights instruments, it is so implicitly: in fact, the seeds of a right to research are already contained in a variety of fundamental rights at European and international level and in the aims and objectives of the Union’s constitutional order. Based on the relevant fundamental rights, this paper tries to identify the substance of the right to research, arguing that there is a constitutional imperative to create a paradigmatic shift in European union copyright law towards a copyright system that can help to achieve the programmatic goals of the Union such as sustainable development, innovation and justice that are the core of a regulated market economy. In order to help positioning research as a core priority of the European Union, this paper further proposes the introduction of a specific right to research in the Charter of fundamental Rights of the EU as a precondition for the protection of the moral and material interests of creators, thus mirroring the international human rights justifications of copyright protection
Exiting the Disaster, Evading the Responsibility? Wadi al-Qamar -- The Moon Valley
Get PDFThis essay explores a case that delivered no results for the complainants, where harm was not prevented, and where stakeholders who filed the complaint were not compensated. Investigated by the Compliance Advisor Ombudsman (CAO) of the International Finance Corporation (IFC), the Wadi al-Qamar case illustrates some of the limitations of accountability mechanisms in limiting the harms caused directly or indirectly by projects in which the International Financial Institutions (IFIs) invest
Deconstructing Concepts About Nature: An Alternative Perspective for Ecofeminism Based on the Rights of Nature
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Hearing on Next Generation Infrastructure: How Tokenization of Real-World Assets will Facilitate Efficient Markets
Get PDFChairman Hill, Ranking Member Lynch, and Members of the Committee: Thank you for inviting me to testify at today’s hearing. My name is Hilary Allen, and I am a Professor of Law at the American University Washington College of Law. I am also a member of the CFTC’s Technology Advisory Committee, although I have prepared this testimony on my own behalf and not on behalf of either of these organizations. I teach courses in corporate law and financial regulation, and my research focuses on financial stability regulation and financial technologies. I have authored many articles for law reviews and the popular press about fintech and financial stability, and I have also written a book, Driverless Finance: Fintech’s Impact on Financial Stability, that explores the threats that fintech innovations pose to our financial system. Prior to entering academia, I spent seven years working in the financial services groups of prominent law firms in London, Sydney, and New York. In 2010, I worked with the Financial Crisis Inquiry Commission, which was appointed by Congress to study the causes of the financial crisis of 2007-2008