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Preserving the Sea in a Radioactive World: How Japan\u27s Plan to Release Treated Nuclear Wastewater into Pacific Ocean Violates UNCLOS
Get PDFOn December 10, 1982, the 1973–1982 United Nations Convention on the Law of the Sea (UNCLOS III) concluded. Japan became a signatory to the Convention on February 7, 1983 and ratified the Convention on June 20, 1996. Subsequently, Japan became a party to the treaty and committed itself to abide by the United Nations Convention on the Law of the Sea (UNCLOS)
Reconceptualizing Open Access to Theses and Dissertations
Get PDFTheses and dissertations (TD) are academic research projects that are conducted by graduate students to acquire a high academic degree, such as a PhD. The perception of the written TD has evolved over the years, following changes concerning the purpose of advanced academic studies. Today, these academic fruits should meet a high standard of academic innovation, which is understood broadly as encompassing not only knowledge concerning basic science but also the knowledge that generates social and economic value for society.
The modern perception of TD has generated a call for their greater accessibility, as part of the Open Science movement. Nevertheless, in many countries around the world TD are not published in an open access format. While the normative basis for open access approach to publicly funded academic research is extensively discussed in the literature, there is a lack of legal and normative discussion concerning the special case of TD. The present study aims at filling this gap.
We argue that the essence of TD as unique outputs of academic research merits a special stance compelling the publication of these studies in open access format, subject to certain exceptions. This stance is underpinned by several arguments, which we develop in our study, based on historic and normative analysis. Moreover, we propose to establish a mandatory global policy and standardization regarding the publication of TD in designated repositories, open to the public, that would generate together an open world wide web of TD. Such a global framework will facilitate the progress of science and promote the public good worldwide
Contracts A Modern Coursebook, Third Edition
No full textContracts: A Modern Coursebook, Third Edition has the highest professor satisfaction rate (83% compared to an average of 54%) according to a survey of the leading contracts casebooks. The reasons are simple. Applying best practices in learning theory and textbook design, Contracts: A Modern Coursebook engages students and builds critical thinking skills faster and more efficiently.
Each chapter begins with Learning Objectives to give students focus. To build foundational knowledge, the coursebook then thoroughly explains the law with real world examples. Test Yourself problems let students assess themselves. Students then read topical and timely case law, which has prompts to encourage reflective thinking. Each chapter ends with Questions for Review (to assess whether students understand the concepts) and a Problem Solving & Analysis section that builds critical thinking and analytical skills. Professors report a more dynamic and engaged classroom as a result.https://digitalcommons.wcl.american.edu/facsch_bks/1277/thumbnail.jp
Corporate Landlords
No full textABA Section Real Property, Trust and Estate Law\u27s Probate and Property Magazine, Volume 37, Number 6, 2023. Featured article include A Guide to Reconstructing GST Exemption Allocations and Calculating the Inclusion Ratio of a Trust; Celebrity Estate Planning: Misfires of the Rich and Famous VI; The Corporate Transparency Act: A High Altitude Pathway and Some Practice Considerations; The Law of a Last Request: Bury Me with My Favorite Toy, Part 1; Federal Case Summaries; The Most Important Things To Know When Insuring Lease Work Letter Construction Projects, Part Two: Property Insurance; Environmental Diligence in the Era of PFAS - The Pitfalls of Simply Ordering the Phase I; and A Guide to Reconstructing GST Exemption Allocations and Calculating the Inclusion Ratio of a Trust
Disability Misappropriation
Get PDFThis Article argues that disability misappropriation is a systemic problem that undermines movement toward disability justice. By disability misappropriation, this Article refers to the tendency of the political right to assert a false concern for disability issues in service of a political agenda that actually harms the disability community. This tactic has influenced the adverse treatment of disabled people in the educational, institutional, and reproductive arenas. From birth to death, it has often had an adverse influence on the lives of disabled people as they receive inadequate and coercive health care, poor education, and limited housing options. While federal law has sometimes sought to provide some legal protection against this coercion, judges have been too willing to accept limitations on those rights in the purported name of protecting disabled people. This Article argues that the disability slogan of “Nothing about us without us” must mean that disability is not appropriated merely out of service to a political agenda that harms the disability community
Affirmatively Resisting
Get PDFThis Article argues that administrative processes, in particular rulemaking’s notice-and-comment requirement, enable local institutions to fight back against federal deregulatory efforts. Federalism all the way down means that state and local officials can dissent from within when challenging federal action. Drawing upon the ways in which localities, states, public housing authorities, and fair housing nonprofits resisted the Trump Administration’s efforts to roll back federal fair housing enforcement, this Article shows how uncooperative federalism works in practice.
Despite the fact that the 1968 Fair Housing Act requires that the federal government affirmatively further fair housing (AFFH), the requirement was largely ignored until the Obama Administration promulgated a new AFFH rule in 2015 that pushed state and local governments to take desegregation seriously. Not surprisingly, the Trump Administration sought to undermine this new rule. But what was surprising was the vigorous resistance the Trump Administration faced from state and local governments seeking to preserve the 2015 rule. Though theories of uncooperative federalism and of administrative federalism abound, there are relatively few examples of how uncooperative federalism facilitates and channels resistance all the way down. State and local government bodies, including sub-local entities such as public housing authorities, leveraged their insider status in order to push back against the Trump Administration’s deregulatory move.
Given the increased polarization of the country and the reach of cooperative federalism to all levels of government, such affirmative resistance has broad implications when it comes to federal policymaking and federal-state-local relations. Federalism extends points of resistance downward from federal agencies to states and local government bodies. Ultimately, when it comes to the future of fair housing and the significance of internal resistance to federal backsliding on federal obligations associated with agency oversight of federal-state and federal-local programs, there are reasons for both pessimism and cautious optimism. Uncooperative federalism creates space for state and local governments to defend policies, to insist that federal agencies live up to their statutory obligations, and to resist federal backsliding
Religious Discrimination and Violation of Property Rights in Turkey
Get PDFIn 2022, the European Court of Human Rights (ECtHR) provided a ruling in an application against Turkey by the Foundation of the Taksiarhis Greek Orthodox Church. The Turkish government was held to have committed religious discrimination against its Greek Orthodox community by rejecting an application to register a historic church without a valid explanation. The Turkish High Court decided to register the disputed property in the name of the Public Treasury rather than grant ownership of the property outright to the Church. The Istanbul Administrative Court had repeatedly dismissed the Church’s appeals on the basis that the conditions listed in their property code were not satisfied
Movement Lawyering: Rebuilding Community Power & Decentering Law
Get PDFOn Thursday, February 16, 2023, the Human Rights Brief held its annual symposium entitled Movement Lawyering: Rebuilding Community Power and Decentering Law. It was organized by Angela Altieri, Madison Sharp, Naima Muminiy, Sami Schramm, Destiny Staten, Angel Gardner, Leila Hamouie, Fabian Kopp, Marnie Leonard, and Thea Cabrera Montejo. Together, the team curated a day full of empowering keynotes, inspiring panels, and an insightful workshop. The team also created a resource to document the event
Intellectual Property and Strategic Competition with China
No full textAUWCL Assistant Professor Charles Duan recently testified before congress in hearings about Intellectual Property and Strategic Competition with China