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The Time Has Come to Stop the Bloodshed in Myanmar and Restore the People\u27s Democratically Elected Government
No full textAlthough the Myanmar coup occurred in February 2021, the world paid little attention mostly because the citizens were not white, not European, and the country did not hold huge oil reserves. Subsequent to the coup, Russia invaded Ukraine in 2022, and Israel responded to the Hamas attack on its territory by invading Gaza in 2023. Both of these events assured that the international community paid little to no attention to the plight of the people of Myanmar under the thumb of a repressive military dictatorship after having their freely elected democracy ripped away. If Ukraine is worthy of global attention, then the human beings in Myanmar deserve an equal amount of compassion and assistance to stop their needless suffering that has gone on for way too long. It is time for the international community to act to remove the Tatmadaw in Myanmar and restore the democratically elected government to its rightful place of governance
Arbitration in Higher Education Faculty Employment Contracts: A Tool for Protecting Academic Freedom
No full text
Big Business as Gun Control
No full textGun control increasingly bypasses direct legislative enactments by co-opting the commercial marketplace. Financial institutions and insurers often face regulatory pressures, frequently articulated through vague notions of “reputational risk,” to terminate or restrict services for lawful firearms businesses and advocacy groups. The debanking tactic, seen in initiatives such as Operation Choke Point, can deny essential financial products to firearm owners, merchants, and organizations, curtailing the practical exercise of constitutionally protected rights. Simultaneously, government agencies sometimes pursue warrantless data collection from bank records and merchant category codes, building profiles of lawful purchasers and eroding privacy and due-process norms.
Social media platforms compound these problems by removing or limiting firearms-related content under opaque or inconsistently applied standards. Although they occasionally frame their policies as safeguards against violence, enforcement often removes instruction, historical discussion, and other legitimate forms of speech. The censorship distorts public debate about firearms, stifling conversations on safety, training, and responsible ownership.
This Article describes the significant shift toward privatized gun control, in which government entities and large corporations converge to limit access to banking, insurance, and information platforms. The outcome is a new type of regulatory regime that can subvert constitutional checks, undermine lawful enterprise, and chill lawful speech. Curbing abuses requires a combination of targeted legislation, judicial oversight, and self-restraint by private institutions to ensure that neither lawful commerce nor individual liberty are sacrificed to hidden agendas
Regulatory Personhood: The Elixir for Redundancy between the SEC and the PCAOB
No full textThe Public Company Accounting Oversight Board (“PCAOB” or “Board”) is a quasi-governmental regulatory agency created by Congress in 2002 in response to revelations of widespread financial fraud at major public companies. Since its creation, the agency has experienced significant challenges. Litigants have challenged its constitutionality, the Trump administration challenged its very existence, and legislation was introduced in 2021 to transfer its responsibilities to the U.S. Securities and Exchange Commission (“SEC”).
Proposals to eradicate the Board asserted vague concerns about the redundancy of its responsibilities with those of the SEC, and alleged resultant monetary waste. This Article, written in 2022, provides background on allocation of enforcement authority of public company auditors, then examines normative elements of, and challenges lurking in, systems involving overlapping regulatory authority. The Article theorizes that the SEC-PCAOB enforcement amalgamation works well due to the informal allocation of enforcement responsibility between the agencies, The Article attributes this behavior to the SEC’s regulatory personhood, which neutralizes risks of wasteful and contentious redundancy that might otherwise arise. The Article concludes with recommended improvements to auditor regulation to correct remaining dissonances between the agencies and improve the quality of audits performed on public companies in the U.S
Border Decriminalization as a State Project: Lessons from Marijuana and Assisted Suicide Legalization Across the United States
No full textMy prior work argued for the decriminalization of border crossings without proof of specific intent to violate another law (like drug trafficking), which is even less likely to happen now than it was when the piece was published, given the current presidential administration’s zealous deportation strategy and Congress’s seeming acquiescence. As such, I advocate for a second-best solution involving federal-state cooperative agreements wherein border states abutting both Mexico and Canada are given the option by the federal government to pass local legislation decriminalizing border crossings into their states as their communities desire. To the extent that the current presidential administration is trying to shrink the federal government in significant ways, such experimentation among these border states might be both politically and economically desirable as a way to develop a set of best practices for the entire country moving forward
Fútbol Profesional, Derecho De La Competencia Y \u27Fair Play\u27
No full textEl presente ensayo examina la relación entre el derecho de la competencia y la noción de «Fair Play» en el ámbito del fútbol profesional. El autor comienza analizando el significado lingüístico y filosófico del término «Fair Play» y valorando cómo las diferentes interpretaciones de esta noción pueden influir en la percepción de lo que se entiende por justicia en el deporte. A continuación, compara la aplicación del derecho de la competencia en EE.UU. y Europa, destacando que, aunque hay diferencias, no existe un verdadero conflicto entre la noción de «Fair Play» y la normativa en materia de competencia. Finalmente, defiende que el derecho de la competencia puede ser utilizado para promover una competición justa y equitativa en el deporte, abogando por la redistribución solidaria de ingresos y el respeto de los derechos laborales en el marco del modelo europeo de deporte.
This essay examines the relationship between competition law and the notion of «Fair Play» in professional football. The author begins by discussing the linguistic and philosophical meaning of «Fair Play» exploring how different interpretations can influence the perception of fairness in sports. He then compares the application of competition law in the US and Europe, highlighting that, despite differences, there is no inherent conflict between «Fair Play» and competition law. Finally, the author argues that competition law can promote fair and equitable competition in sports, advocating for the solidarity-based redistribution of income and the respect for labor rights within the framework of the European sports model
