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Risks, Benefits, Opportunities, and Electronic Formalities in the Law of Wills: A Comparative Approach
No full textTraditional formalities in the law of wills-including formal requirements for revocation by destruction-contemplate paper documents, wet signatures, and testators and witnesses in the physical presence of one another. Unless these traditional requirements have been modified by legislation, wills made using one or more electronic formalities will not meet the formal requirements for a valid will. Traditional wills formalities have become something of an outlier as the use of electronic text, records, signatures, and witnessing has become routine in many spheres, including for the creation and storage of valid legal agreements. The special nature of wills, and their consequent vulnerability to fraud and reliance on documentary evidence of intent, has been cited as a justification for retaining traditional formalities. This article examines the risks, benefits, and opportunities associated with electronic formalities, as well as their implications for wills storage, the assessment of testamentary capacity, and related issues. It also evaluates the adequacy of dispensing provisions as an alternative to electronic formalities. The article includes contributions by coauthors in four common law jurisdictions-England and Wales, British Columbia, Queensland, and New York-with a discussion of how the risks, benefits, and opportunities presented by electronic formalities and wills have been perceived and balanced within each of these jurisdictions
Neil S. Braun, Dean Emeritus
No full textNeil Braun, Dean Emeritus of the Pace University Lubin School of Business, talks about his life, career, and experiences as Dean, from the year 2010 to 2020. He also spoke about his initiation of the mentorship program, and its rewarding impact on students, as well as himself.https://digitalcommons.pace.edu/oralhistory/1006/thumbnail.jp
Foucault in Brazil : Dictatorship, Resistance, and Solidarity
No full textPhilosopher Michel Foucault\u27s cultural criticism crosses disciplines and is well known as an influence on modern conceptions of knowledge and power. Less well known are the five trips he took to Brazil between 1965 and 1976. Although a coup in 1964 had installed a military dictatorship, Foucault kept his opinion on the Brazilian government largely to himself until October 23, 1975. On that date, he delivered a manifesto at a student assembly in São Paulo expressing his solidarity with students and professors protesting a wave of arrests and torture. This manifesto caught the government\u27s attention and became the focal point of the dictatorship\u27s surveillance of Foucault. Foucault in Brazil explores the production of the public antagonism between the philosopher and the dictatorship through a meticulous consideration of each of his visits to Brazil. Marcelo Hoffman connects history, philosophy, and political theory to open new ways of thinking about Foucault as a person and thinker and about Brazil and authoritarianism. -- Book jackethttps://digitalcommons.pace.edu/bookshelf/1024/thumbnail.jp
Human Rights Denied: Forced Evictions and Housing Injustice in the Democratic Republic of Congo
Full text linkThe Democratic Republic of Congo (DRC) grapples with a pervasive and alarming phenomenon of forced evictions orchestrated by multinational corporations operating within its cobalt and copper mining sites. This comprehensive inquiry, undertaken collaboratively by Amnesty International and the DRC-based Initiative for Good Governance and Human Rights, meticulously scrutinizes the multifaceted human rights implications emanating from four mining projects situated in the Kolwezi region of the DRC. The investigative report documents a troubling pattern of systematic disregard for the fundamental rights and dignity of affected populations, compounded by a stark failure on the part of mining operators to adhere to extant national legislation designed to mitigate the deleterious impacts of forced evictions attendant to mining pursuits. Despite the DRC’s indispensable role as a principal global supplier of cobalt, a critical component in rechargeable batteries vital to the electronics and electric vehicle industries, the relentless quest for expansion by mining entities, particularly within the Kolwezi region, has precipitated the involuntary displacement of thousands of individuals, thereby imperiling their inalienable entitlements to shelter, education, healthcare, and communal coexistence. Against the backdrop of concerted global endeavors aimed at curbing carbon emissions and embracing renewable energy sources, it is incumbent upon the international community to ensure that this transition is executed consonant with universally recognized human rights principles and affords adequate protection to vulnerable communities adversely impacted by extractive industries. This article endeavors to contribute to the ongoing discourse surrounding human rights violations within the Democratic Republic of Congo by analyzing the complex international legal doctrines implicated by the egregious human rights violations arising from the implementation of mass forced eviction in the Kolwezi region of the DRC. Of particular concern is the infringement upon the human right to adequate alternative housing, a fundamental tenet enshrined within the international human rights framework. In light of the humanitarian crisis precipitated by the forced evictions realized in the region of Kolwezi, it is evident that direct and concerted international intervention is indispensable to uphold the rule of law, safeguard human rights, and facilitate the sustainable recovery and rehabilitation of affected communities within the DRC. This article thus concludes by proffering pragmatic recommendations for the implementation of sustainable recovery programs and the establishment of judicial mechanisms to afford redress for the grievous human rights abuses perpetrated against vulnerable populations within the DRC’s mining regions
Strange Bedfellows: Guardians for Fetuses and Future Generations
Full text linkIn the 1970s, savvy anti-abortion lawyers began employing “fetal guardians” as a procedural mechanism to restrict abortion access. In Juliana v. United States, arguably the most important climate lawsuit from the past ten years, a “guardian for future generations” acted as a plaintiff. These forms of legal guardianship resemble each other because they both rely on property law precedent, invoke creative interpretations of guardianship, and represent future interests. This connection also presents a predicament for climate litigators and anti-abortion litigators, who don’t typically share the same agenda. To date, this intersection between fetal and future generation guardianship has not received any scholarly attention. I use fetal guardianship case law and law and politics scholarship (1) to investigate what climate litigators can learn from the way anti-abortion actors developed a novel theory of guardianship and (2) to analyze the implications of the overlap between fetal guardianship and future generation guardianship. At a time when federal judges are referring to fetuses as “unborn children” and climate change is reaching multiple “tipping points,” it’s crucial to investigate the link between legal guardianship in climate and abortion litigation
Nkosi Sikelel’iAfrika: Post Apartheid
Full text linkExamining the conditions of South Africa thirty years after the official end of apartheid in 1994, Nkosi Sikelel’iAfrika: Post Apartheid works to explain how political transition created new possibilities while also leaving unresolved issues of inequality, education, housing and governance. Comprising research, statistics and current examples, the zine shows how apartheid’s legacy continues to affect everyday life while pointing to areas where progress and change are still taking shape.https://digitalcommons.pace.edu/student_zines/1020/thumbnail.jp
My Brand is Cleaner: The Impact of Brand Psychological Ownership on Contamination Perceptions in the Online Secondhand Apparel Market
Full text linkHow Active CFTC Enforcement Could Benefit Crypto
Full text linkCommodity Futures Trading Commission (CFTC) crypto enforcement rose to record levels in 2023, prompting applause from some observers and criticism from others. In fact, the CFTC’s enforcement agenda is not out of step with other federal agencies such as the Securities and Exchange Commission (SEC), which has also been incredibly active in the crypto industry. It might seem that this is bad news for crypto, given that both the CFTC and SEC have been angling to become the primary regulator for these new assets. In reality, proof that the CFTC is active in enforcing the law against crypto entrepreneurs and others who violate anti-fraud mandates or otherwise ignore clear requirements, may make it more likely that legislators will view the agency as a responsible regulator. Even those who have previously stated a preference for the SEC as primary regulator may decide that shared responsibility would work, particularly because the SEC has not been able to create a regulatory regime with which crypto businesses have been willing and able to comply. If Congress acts to require both the CFTC and SEC to impose reasonable and equivalent requirements regarding disclosure and fair-trading activities, perhaps with the assistance of a self-regulatory organization (SRO), an effective regulatory regime might be possible. With equivalent requirements in place regardless of whether cryptoassets are to be regulated by the CFTC or SEC, wasteful litigation can be minimized. An SRO could be particularly helpful because it is likely to have the appropriate expertise and motivation to create reasonable and workable requirements, and the cost of oversight could be shared by members of the SRO rather than by taxpayers
Abundance and Other Food Fixations
Full text linkAlthough most people in the United States no longer devote the majority of their time to food production, processing, and distribution, food remains a daily fixation. This Article explores three driving food fixations--abundance, thinness, and health--and situates each against an inverse fear--scarcity, fatness, and illness, respectively. Mapping these threats onto U.S. food policy, this Article examines, among other policy arenas, food waste policy, nutrition and health claim labeling law, and food additive regulations. Across food policy, these fixations feed what this Article calls the “politics of abundance.” This politics helps to insulate the food industry from deeper systemic reform aimed at mitigating the industry\u27s human, environmental, and animal exploitation. Turning to the dichotomies of thinness/fatness and health/illness, this Article argues that abundance/scarcity narratives help shape these policy debates and limit the range of available policy. The laws of fatness and illness are thus abundance-promoting, even when abundance is itself a source of harm. The Article concludes by imagining food policy grounded instead in nourishment