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Pumpable Hours: Legal Protections for Lactating Individuals Through the Lens of the Legal Profession
Full text linkThe Supreme Court denied women the right to be admitted to the legal profession in 1872. Since this ruling, women have entered the legal profession with force in growing numbers. Today, women comprise nearly 55% of law students across the country and 40% of practicing attorneys in the United States. Despite the growing number of women in the legal profession, women are often reminded of the profession’s sexist history, particularly during a period that is uniquely connected to women—motherhood
The Land of Opportunity Zones: Where Opportunity Goes to Die
Full text linkWhat do a superyacht marina in West Palm Beach, Florida; the city in Minnesota that is home to the Mall of America; and a blighted East Harlem, New York, have in common? They are all opportunity zones. This may be a striking fact, considering the first two areas are affluent while the third is home to many low-income families with an average income for elderly citizens below twenty thousand dollars. The problem with the opportunity zones program, as we currently know it, is that it does not serve the right communities, and when it does, it is not always in the right way
Judging Judiciaries: How Sticky Defaults, Status Quo Bais, and the Sovereign Prerogative Influence the Perceived Legitimacy of the New International Commercial Courts
Full text linkForum shopping is routinely criticized as contrary to procedural justice. However, recent years have seen an increasing number of jurisdictions engaged in the process of forum selling, in which countries actively seek to bring lucrative litigation business to their national judicial systems. One of the most common types of forum selling involves the creation of new international commercial courts designed to increase a nation’s competitiveness in the global litigation market.
Most studies of the new international commercial courts have focused on how procedural innovations adopted by different courts are likely to affect party choice. While useful, these analyses assume that litigants evaluate their options rationally, even though empirical research shows that cognitive distortions routinely affect individual and institutional decision-making.
This Article provides a new perspective on the world of international commercial dispute resolution by undertaking an interdisciplinary analysis that evaluates the effect that three phenomena—sticky defaults, status quo bias, and an alleged sovereign prerogative in dispute resolution—have on the perception of legitimacy relating to the new international commercial courts. The focus on perceptions of legitimacy (rather than legitimacy per se) is based on the fact that parties’ and practitioners’ beliefs about the propriety of individual courts drive decision-making processes regardless of whether the underlying beliefs are true.
This Article combines theoretical and empirical studies in law and economics, political science, psychology, and philosophy to generate compelling insights into the nature and future of international commercial dispute resolution. Through this discussion, this Article provides a deeper understanding of a potentially game-changing development in private international law
Erie and Enforceability of Forum Selection Clauses
Full text linkWhether and to what extent state law governs the contractual validity of forum selection clauses in federal court remains highly contested. This Article argues for a two-part answer.
State law should govern whenever a party seeks a § 1404(a) transfer of venue within the federal judicial system. The Court has insisted that the choice-of-law rules of the state to which the suit is transferred govern when transfer is required by a contractually valid clause. That insistence accords with the Erie policy of vertical uniformity between state and federal courts only if the law of the state in which the transferring federal district court sits governs contractual validity. And the Erie policy properly applies whenever the forum selection clause is found in a contract governed by state or foreign contract law. The federal interest in controlling where in the federal judicial system a suit is heard does not change the analysis. That is because a federal district court may order a transfer even in the absence of a contractually valid clause.
By contrast, federal common law properly governs contractual validity when a party seeks a forum non conveniens dismissal on the ground that the federal judicial system as a whole is an inappropriate forum. A dismissal on that ground cannot plausibly depend on the law of the state in which the federal court sits. Reliance on that state’s law would be incompatible with the need for a uniform answer across the federal judicial system. Federal common law, however, may borrow state or foreign law when doing so would not interfere with the federal interest in ensuring a federal forum when appropriate
Report of the Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes, Marcos Orellana - Military activities and toxics
Full text linkImplications for human rights of the environmentally sound management and disposal of hazardous substances and wastes
Note by the Secretary-General
The Secretary-General has the honour to transmit to the General Assembly the report of the Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes, Marcos Orellana, in accordance with Human Rights Council resolution 54/10
Blood Cobalt: Unmasking And Charging Corporations For Involvement In International Law Violations In The Democratic Republic Of Congo
Full text linkJoint Criminal Enterprise (JCE) is a legal doctrine developed by the International Criminal Tribunal for the Former Yugoslavia (ICTY) to hold participants in a criminal enterprise equally liable for all results of the group’s criminal actions, even if the individuals were not directly involved in committing the crimes. While traditionally used to prosecute individual criminal actions, JCE provides a legal pathway to hold corporations criminally liable for their actions that further international law violations. Although corporations currently do not have specific, listed responsibilities under international law, they are required to respect human rights and ensure their activities do not perpetrate human rights violations. This Comment argues that in buying illegally sourced cobalt from Congolese March 23 Movement (M23) rebels out of Ugandan and Rwandan markets, many transnational corporations satisfy the elements required by the third culpability of JCE and can be held criminally liable for the violations of human and environmental rights, such as forced labor, enslavement of women and children, and deforestation
Trademark Proprietors\u27 Moral Right As An Exception to the Doctrine of Exhaustion of Rights in Trademarks
Full text linkTrademark law is primarily viewed as a consumer protection law. Proprietary and consumer interests are not always balanced. This is especially the case with the doctrine of exhaustion of rights in trademarks, where the trademark owner loses control over the further distribution of their trademarked product once sold. Existing statutory exceptions to this doctrine allow the proprietor to take action against resellers only when the product has been impaired or changed. The exceptions do not account for harm or damage to the reputation and goodwill associated with a trademark as a ground to override exhaustion. This article analyzes legislative and judicial decisions regarding exceptions to exhaustion under Indian trademark law, with a comparative examination of rulings from U.S. and EU jurisdictions. The article then highlights the theoretical differences between trademark and copyright law, exploring moral rights in copyright law and the anti-dilution theory of trademarks. In doing so, we examine the feasibility of expanding exceptions to the doctrine of exhaustion to include proprietary concerns as well as consumer and market considerations
Artificial Intelligence and Intellectual Property, Part III: IP Protection for AI-Assisted Inventions and Creative Works
Full text linkChairman Darrell Issa, Ranking Member Hank Johnson, distinguished members of the Subcommittee on Courts, Intellectual Property, and the Internet ( Subcommittee ) of the Committee on the Judiciary ( Judiciary Committee ), on behalf of the Computer and Communications Industry Association (CCIA) and its members, thank you for this opportunity to share our views on intellectual property (IP) protection for artificial intelligence (AI)-assisted works and inventions
Rights, Restrictions, and Trans Youth: Exploring the Conservative Clash Over Parental Authority
No full textMore than 830 legal educators attended the largest-ever AALS Conference on Clinical Legal Education, held April 26-29, 2025 in Baltimore. The meeting’s theme, “Reexamining the Role of Lawyers and the Responsibilities of Clinical Teachers in Society,” reflected on the role of lawyers and legal educators in addressing societal issues and changes that affect the profession