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The Promise of Collaborative Problem Solving in Enhancing IAM Effectiveness
Get PDFThis essay analyses the effectiveness of collaborative problem-solving through mediation within accountability mechanisms, and considers ways in which western mediation principles should be enhanced to ensure fair outcomes given the power imbalance at play in development disputes. It also considers whether there is any scope to use problem solving principles to address questions of compliance, arguing for consideration of a hybrid approach to bolster tools available to IAMs, and so strengthen outcomes for communities
Excerpts of SCCR 44 Delegate Statements
Get PDFThe World Intellectual Property Organization’s Standing Committee on Copyright and Related Rights (SCCR) held its 44th meeting November 6-8, 2023. This post includes excerpts from the public statements made by country or regional delegations during the meeting
Alito Versus Roe v. Wade: Dobbs As A Means of Circumvention, Avoidance, Attenuation and Betrayal of the Constitution
Get PDFThere can be no argument that Justice Alito is a learned justice of great knowledge and reason, and has a superb grasp of the law. As such, despite any opposition to or disagreement with his legal opinions, he is deserving of respect for his intellectual prowess, in general and as it relates to the Constitution. Notwithstanding all the aforementioned, wrong is wrong
Class of 1916
No full textClass of 1916, third floor, right wallhttps://digitalcommons.wcl.american.edu/photo_1910/1006/thumbnail.jp
Class of 1916
No full textClass of 1916, third floor, right wallhttps://digitalcommons.wcl.american.edu/photo_1910/1007/thumbnail.jp
Fifty Years of Clinical Legal Education at American University Washington College of Law: The Evolution of A movement in Theory, Practice, and People
Get PDFClinical legal education has evolved substantially in the fifty years since Elliott Milstein initiated the clinical model at American University Washington College of Law (“WCL”) that, notwithstanding numerous changes in program and personnel since that time, remains essentially in effect today. In this Article, we explore the theoretical, pedagogical, structural, programmatic, and personnel developments that have occurred during this period. We link these developments to broader developments within the national and international clinical legal education spheres. WCL’s Clinical Program, and its clinical faculty, have been leaders in shaping these developments, but, in the best clinical tradition, we have not done so alone but in dialogue with other colleagues. We conclude with a discussion of the unfinished business of the clinical legal education movement
Dobbs, Right-wing Revisionism, and Public Outrage: Rodrigo\u27s Late-Night Chronicle
Get PDFWhen we next see Rodrigo, he has been brought into town by Giannina’s women’s rights group. The Supreme Court had just decided Dobbs and revoked a constitutional right that had existed for fifty years prior. Giannina’s organization is meeting to discuss possible responses to the Dobbs decision. While he is in town, Rodrigo decides to seek out the professor, hoping to reconnect and pick his brain on this seismic shift in the legal landscape
The Judicial Activism of Justice Anthony Kennedy
Get PDFFew recent Supreme Court justices have had a greater impact on constitutional law than Anthony Kennedy. Although commentators have explored the substance of Justice Kennedy’s jurisprudence in some detail, legal scholars have not systematically analyzed the extent of his judicial activism. This Article uses the term “judicial activism” descriptively rather than normatively to help account for a judge’s willingness to strike down federal, state, and local laws on constitutional grounds. It finds that, under a descriptive definition, when compared to the justices with whom he served, Justice Kennedy was a singularly judicial activist judge.
This conclusion rests on three findings. First, employing quantitative analyses of the justices’ votes to strike down laws based on a new data set compiled for these purposes, the Article shows how Justice Kennedy chose judicial activism over restraint in judicial review cases to a significantly greater extent than most of the justices with whom he served for extended periods of time. Second, the Article qualitatively analyzes several of Justice Kennedy’s judicial review opinions and explains the extent to which they differed from those of justices to his ideological right and left by rarely expressing concerns about the importance of accounting for either the policy preferences of legislators or the hazards of judicial overreach.
Finally, the Article explains that Justice Kennedy was an equal opportunity judicial activist in ways that his more conservative and liberal colleagues were not. Justice Kennedy’s repeated willingness to strike down laws at the behest of advocates from across the political spectrum made him, in many ways, the perfect justice for his constitutional era. Justice Kennedy repeatedly responded positively to growing efforts by conservative and progressive advocates to gain judicial veto points for government policies they disliked on a wide variety of issues, including gun control, abortion, affirmative action, and LGBTQ rights. In offering legal scholarship’s first systematic analysis of Justice Kennedy’s judicial activism, the Article shows the extent to which he was a crucial player in the Court’s accrual of judicial power to strike down laws in the last few decades
DeFi: Shadow Banking 2.0?
Get PDFThe growth of so-called “shadow banking” was a significant contributor to the financial crisis of 2008, which had huge social costs that we still grapple with today. Our financial regulatory system still hasn’t fully figured out how to address the risks of the derivatives, securitizations, and money market mutual funds that comprised Shadow Banking 1.0, but we’re already facing the prospect o fShadow Banking 2.0in the form of decentralized finance, or “DeFi.” DeFi’s proponents speak of a future where sending money is as easy as sending a photograph–but money is not the same as a photograph. The stakes are much higher when money is involved, and if DeFiis permitted to develop without any regulatory intervention, it will magnify the tendencies towards heightened leverage, rigidity, and runs that characterized Shadow Banking 1.0.
Fortunately, though, there is still time to prevent DeFi from becoming Shadow Banking 2.0. This Essay argues for precautionary regulation of DeFi, designed to limit its growth and to cordon off whatever remains from the established financial system and real-world economy. While proponents of DeFi will contend that this will limit innovation, this Essay argues that DeFi innovation has limited benefits for society. DeFi doesn’t aspire to provide new financial products and services–it simply aspires to provide existing financial products and services in a decentralized way (meaning, without intermediaries). This Essay will demonstrate that the DeFi ecosystem is in fact full of intermediaries and explain why full disintermediation of financial services is an entirely unrealistic aspiration. This Essay will then proceed from that finding to argue that if DeFi cannot deliver on decentralization, regulators should feel emboldened toclamp down on DeFi in order to protect the stability of our financial system and broader economy
Panel 1 - Towards Effective Governmental Intervention: Ending Discrimination in the Workplace
Get PDFFACILITATOR: Good morning, everyone and welcome to the “Enhancing Antidiscrimination Laws in Education and Employment Symposium”, hosted by the American University Journal of Gender, Social Policy & the Law, the American, and the National Institute for Workers’ Rights (“Institute”). And without further ado, let me pass it off to the Institute’s board president, Rebecca Salawde