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The Endangered Species Act at 50, Dialogue with Experts
No full textDecember 2023 marked 50 years since the Endangered Species Act (ESA) was signed into law. The ESA has proven resilient to numerous legal challenges and saved many species from extinction. But its overall success has been debated, as the list of endangered and threatened species continues to grow, and only 54 species have been taken off of the list completely. On October 26, 2023, the Environmental Law Institute hosted a panel of experts who explored the successes and shortcomings of the statute and discussed what might happen next as climate change increases the risk of extinction. This Dialogue presents a transcript of that discussion, which has been edited for style, clarity, and space considerations.
Madison Calhoun is Senior Manager of Educational Programs at the Environmental Law Institute (ELI). Sharmeen Morrison (moderator) is a Senior Associate Attorney in the Biodiversity Defense Program at Earthjustice. Derb Carter is a Senior Attorney with the Southern Environmental Law Center. J.B. Ruhl is David Daniels Allen Distinguished Chair in Law and Co-Director of the Energy, Environment, and Land Use Program at Vanderbilt Law School. Sean Skaggs is a Partner with Ebbin Moser + Skaggs LLP. William Snape III is Assistant Dean of Adjunct Faculty Affairs, American University Washington College of Law
Briefing Note: 45th Meeting of the WIPO Standing Committee on Copyright and Related Rights
Get PDFThis analysis provides a historical and legal overview of the principle agenda items to be discussed at the 45th meeting of the Standing Committee on Copyright and Related Rights
Advancing the Due Process Right to Appointed Counsel In Immigration Removal Proceedings
Get PDFRight now, noncitizens only have the right to an attorney if they can afford one. While courts have grappled with the inherent due process issue accompanying this standard, no court has held that noncitizens have the right to a government- appointed attorney. This paper promotes the provision of government-appointed attorneys to noncitizens in removal proceedings in immigration court under a due process lens. This paper will first briefly examine the difference between criminal and civil matters related to the Sixth Amendment right to an appointed attorney. Next, the paper will engage in a Fifth Amendment due process analysis, ultimately concluding that noncitizens\u27 right to an appointed attorney during removal proceedings can qualify as a due process right under the Fifth Amendment. Finally, the paper will provide an overview of local programs that have been implemented to illustrate a blueprint for a national framework to expand noncitizens\u27 right to representation
Forced Disappearances in Latin America are not Relics of the Past
Get PDFForced disappearances were endemic to Latin American dictatorships in the late twentieth century. During the Cold War and beyond, more than one hundred thousand Latin Americans were subjected to forced disappearances under authoritarian governments. To date, more than 200,000 people have gone in Brazil alone between 2019 and 2021. Because disappearances are not criminalized in Brazil, Brazilian legislatures do not feel the need to specify the cause of the disappearances
Sports Law: Governance and Regulation, 4th Ed.
No full textFour of the nation’s leading sports law scholars have merged their expertise to produce this problem-based sports law and governance text for undergraduate and graduate students. Drawing on their work developing the field’s leading sports law casebook for law students, the authors present this text in the traditional law school case method style, but with an eye toward accessibility for non-law students. Whether students are interested in careers in professional or amateur sports law, this text will equip them with the foundational knowledge necessary to identify legal issues, minimize risk, and become a generation of problem solvers within the sports industry. Contracts, torts, agency, labor and employment, racial and gender equity, antitrust, and intellectual property law are all addressed, as are health and safety issues and high school, college, and international/Olympic/regulatory concerns. Moreover, the text explores the sports industry with an appreciation of its dynamism, examining topics from cutting edge issues in athlete representation to the uncertain future of big-time intercollegiate athletics. Sports Law: Governance and Regulation (Fourth Edition) is a must for undergraduate and graduate students interested in the sports industry.https://digitalcommons.wcl.american.edu/facsch_bks/1289/thumbnail.jp
An Icy Invasion: Russia\u27s Seizure of the Norwegian Waters in the Arctic
Get PDFRussia is aiming to expand its power in the Arctic Circle by acquiring unrestricted access to hydrocarbon reserves off the coast of the Norwegian Archipelago of Svalbard. Two bodies of international law govern Svalbard. The Svalbard Treaty of 1920 ascertains Norway’s sovereignty over the archipelago and permits the signatory nations, including Russia, to conduct commercial activities on the land and in the “territorial waters”. The United Nations Convention on the Law of the Sea establishes maritime zones that allow coastal states to claim exclusive rights to their territorial seas and continental shelf. Norway holds that “territorial waters” in the Svalbard Treaty is the twelve-nautical mile territorial seas and limits Russia’s access to hydrocarbon resources there. Russia contends that “territorial waters” includes the 200-nautical mile continental shelf beyond the territorial seas. After analyzing both interpretations of the Treaty under the Vienna Convention on Law of Treaties, the Russian interpretation of “territorial waters” falters in many respects. This comment argues Russia’s aim for unrestricted access to Svalbard’s resources is a violation of UNCLOS. The international community must forge a uniform interpretation: The Arctic Counsel or NATO should demonstrate regional support, Norway should bring a case against Russia before the ICJ for encroachment, and Norway should place additional economic sanctions on Russia
Key Developments at the World Bank Inspection Panel (2013-2024)
Get PDFThrough the lens of important cases, this essay reflects on major developments that occurred at the Panel during the tenure of the author as the Executive Secretary of the World Bank Inspection Panel and shows how the Panel has evolved to improve accessibility, has influenced overall development policies, and has become a catalyst for institutional change. The essay observes that the Panel’s success has largely been due to its structural and operational independence, reporting as it does directly to the Bank’s Board of Executive Directors. However, there are challenges facing the Panel on certain issues, including most importantly its independence, as a result of the 2020 review. This essay argues that any future changes to the Panel’s structure must consider and support the factors that ensured its past success
CAPP Policy Plenary Lecture: Lia Epperson
No full textNew Orleans, LA - AAS 243 in 2024 - Lia Epperson speaks during the 400: Plenary at the American Astronomical Society\u27s (AAS) 243rd meeting at the Ernest Morial Convention Center here today, Thursday January 11, 2024. The American Astronomical Society (AAS), established in 1899 and based in Washington, DC, is the major organization of professional astronomers in North America. The annual meeting is the premier astronomical event with industry representatives, and journalists in attendance and oral and poster presentations scheduled
REGULATING THE RENEWABLE REVOLUTION: REVISITING FERC’S AUTHORITY UNDER THE FEDERAL POWER ACT POST-MAJOR QUESTIONS DOCTRINE
Get PDF[Un]bound? A Critical Assessment of the Nature of Interim Measures Requests by the Human Rights Committee
Get PDFThis article critically examines the nature and legal force of interim measures requests (IMRs) issued by the Human Rights Committee (HR Committee) in response to communications received under the Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR-OP1). Despite the lack of express provisions in the Covenant or the Optional Protocol regarding the power of the HR Committee to issue IMRs or the obligation of States to comply with them, the HR Committee has established its own Rules of Procedure to issue purportedly binding IMRs in certain circumstances. This article is the first thorough examination of whether IMRs are binding and, if so, on what basis. We conclude that States parties must comply with IMRs in good faith under Article 26 of the Vienna Convention on the Law of Treaties. However, we note that this interpretation requires a forward-leaning approach that privileges the object and purposes of the ICCPR-OP1. The article contributes to the ongoing debate surrounding the legal nature and force of IMRs issued by the HR Committee