11929 research outputs found
Sort by
Prof. Lia Epperson On SCOTUS Affirmative Action Ruling
No full textDan speaks with Professor Lia Epperson (American University - Washington College of Law) about the recent SCOTUS ruling restricting affirmative action in college admissions
Should Agency Adjudication Be Ended?
No full textToday, both federal and state agencies with the power to issue substantive regulations, investigate potential violations, and institute enforcement actions often also have the power to adjudicate disputes between private parties and the government (and even in some cases between private parties). The hearing officers who decide these disputes are often themselves agency employees. Many are picked based on their scores on a general civil service exam, rather than on agency-specific expertise. Agencies thus act as lawmaker, prosecutor, judge, jury, and appellate judges
Second Revised Draft Text for the WIPO Broadcasting Organizations Treaty, Annotated
Get PDFThe agenda of the 43rd meeting of the World Intellectual Property Organization Standing Committee on Copyright and Related Rights includes a Second Revised Draft Text for the WIPO Broadcasting Organizations Treaty. This PIJIP Working Paper displays the changes between the first and second revised drafts and adds short commentary on some of the major drafting issues. The comments include repeated references to the working paper Prof. P. Bernt Hugenholtz, Groundhog Day in Geneva: The WIPO Broadcasting Treaty is on the Agenda Once Again. American University International Law Review Symposium on the Right to Research in International Copyright Law, v.2 March 1, 2023.
In summary, the Second Revision contains many important amendments, including a substantially revised article on limitations and exceptions. The Treaty would allow (but not require) the grant of exclusive intellectual property rights to the “signals” transmitted entirely over the Internet – a result not provided for under the Rome Convention or Brussels Convention. The limitations and exceptions, although improved, continue to permit exclusive rights over a broadcast signal to thwart uses that permitted by copyright law. The lack of any mandatory exceptions means that broadcast rights could prevent uses such as quotation and providing access for people with disabilities required to be permitted by international copyright law
Research Handbook on International Claims Commissions
No full textInternational claims commissions (ICCs) are unique dispute resolution mechanisms designed to be highly flexible and responsive to international crises. This timely Research Handbook explores the history of ICCs, how and why states create them, and the role of states and secretariats within them.
Written by accomplished experts and past claims commission members to present a unique perspective on ICCs, this Research Handbook analyses past claims commissions including the Iran–US Claims Tribunal, the UN Compensation Commission, the Eritrea–Ethiopia Claims Commission and the Commission for Real Property Claims in Bosnia. Providing a comprehensive review of institutional design issues, this Handbook examines the challenges associated with mass claims processes, diplomatic protection, domestic liability, and enforcement, as well as how to address them. Looking ahead to the future, the contributing authors propose innovative ways in which claims commissions could be used to address contemporary challenges such as the Russian invasion of Ukraine, the construction of the wall in Occupied Palestinian Territory, climate change and environmental law disputes.
This thought-provoking Research Handbook will be a fundamental research resource for scholars and students of public international law and international dispute resolution. It will also provide practical advice for international arbitration experts, policy makers, and officials in international organisations.https://digitalcommons.wcl.american.edu/facsch_bks/1283/thumbnail.jp
Contracts for Responsible and Sustainable Supply Chains: Model Contract Clauses, Legal Analysis, and Practical Perspectives
No full textWith burgeoning legislation, investor pressure, and consumer demand, responsible and sustainable supply chains are a high priority. This practical and comprehensive guide is essential for all businesses and counsel who want to reduce adverse human rights impacts and environmental risks in their supply chains. The panel of authors, including leading practitioners and prominent scholars, has come together to build an effective and balanced structure to protect the environment and the human rights of workers.
Containing the Model Contract Clauses (MCCs) from the ABA Business Law Section\u27s working group, this unique book is much more than an explanation of model contract clauses. It is a tool that will help companies and their counsel implement healthy corporate policies in a way that is legally effective and operationally likely and can help reduce disruption in the supply chain.
The book is divided into three sections: MCCs, legal analysis, and practical perspectives. It includes: MCCs and explanatory annotations so counsel can make informed decisions An overview of the MCCs: their genesis and development, strategies and choices, legal underpinnings and drafting alternatives, current use, and likely future Perspectives of authors from large and small law firms, in-house counsel, academia, NGOs, civil society, and labor Chapters on legal issues from antitrust, commercial law, and corporate law to US international trade law as well as foreign law that reaches US companieshttps://digitalcommons.wcl.american.edu/facsch_bks/1286/thumbnail.jp
Legal Cooperation Issues on Sea Level Rise
Get PDFThis is a very timely event. Although there have been several cases in which experts—both academics and governments—discuss the connection between sea-level rise and the legal framework, this event is important because it will bring to the forefront the fact that the practice in the Americas and the Caribbean should be analyzed when discussing this pressing topic. This is a very important initiative; I encourage the Inter-American system and the juridical committee to tackle this issue. I hope it will be in connection with the work that is being conducted by the International Law Commission itself
The Art of International Law
Get PDFInternational lawyers study international law primarily through its written texts—treaties, official documents, judgments, and scholarly works. Critical to being an international lawyer, it seems, is access to the written word, whether in hard copy or online. Indeed, as Jesse Hohmann observes, “the production of text can come to feel like the very purpose of international law.
Can Mediation Provide Remedy For Human Rights Violations? A Quest for Justice Using a Development Bank Accountability Mechanism
Get PDFThis essay describes what it takes—the enormous tenacity, solidarity, courage and skill required—for communities and their civil society partners to seek recourse through the dispute resolution processes of development bank accountability mechanisms. While these mechanisms can be the crucial centerpiece of an effective strategy, their critical shortcomings mean that community advocates must often engage in Olympian advocacy gymnastics to achieve even a small measure of redress. The essay makes recommendations for strengthening community-centered accountability in development finance, so that remediation and prevention of harm become the norm, and not the rare exception
Rethinking \u27What Counts\u27 As Accountability
Get PDFThe current accountability impasse suggests it may be time to rethink core concepts, as well as the field’s underlying theories of change. The idea of accountability is malleable, ambiguous — and contested. This fuzziness poses challenges for both theory and practice – how do we know what strategies bolster accountability – or whether accountability produces its expected effects? This think piece recognizes the challenge of defining ‘what counts’ as accountability, unpacks a longstanding theory of change - that sunshine is the best disinfectant - and considers some information-based reform initiatives to identify missing links in the causal chain between transparency and accountability
Building A Culture of Scholarship with New Clinical Teachers By Writing About Social Justice Lawyering
Get PDFThis Article is a collection of essays about teaching social justice lawyering, as seen through the eyes of eight practitioners-in-residence in the clinical program at American University’s Washington College of Law (“WCL”). They include: Michelle Assad, Maria Dooner, Mariam Hinds, Jessica Millward, Citlalli Ochoa, Charles Ross, Anne Schaufele, and Caroline Wick. They teach in seven clinics, including the Civil Advocacy Clinic, the Criminal Justice Clinic, the Community Economic and Equity Development Clinic, the Disability Rights Law Clinic, the Immigrant Justice Clinic, the International Human Rights Law Clinic, and the Janet R. Spragens Federal Income Tax Clinic. We use the terms practitioner-in residence and practitioner interchangeably throughout this Article. These practitioners have full-time faculty status and represent a range of experience in our clinical program—from those who are in their first year of teaching in the program to those who have been teaching for several years and are near the end of their fellowships. Professors Assad, Millward, Schaufele, and Wick have now moved on to permanent teaching positions at other law schools, and Professor Dooner has returned to practice. They are all experienced lawyers who have brought their lawyering experiences in a variety of practice areas—criminal defense, criminal legal system reform, civil legal services, community and economic development, immigration, international human rights, employment, public benefits, health, tax law and policy, and special education—to their clinical teaching. They are diverse across a range of identities including race and ethnicity