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When Congress Passes the Buck: How Russia’s Invasion of Ukraine Exposed Flaws in Granting the President Sanctioning Powers
Get PDFThe United States (U.S.) Constitution provides few limitations on endowing the Executive Branch with powers to govern foreign trade, which was initially granted to the Legislature. In a world where global trade dominates, the power over foreign trade can be more important than the power over domestic matters. Leaving unrestrained trade authority to the Executive Branch may cause hazards for Americans and foreigners alike. Russia’s war in Ukraine demonstrates the flaws in permitting the Executive Branch to unilaterally sanction foreign states. This Article demonstrates how reactive Executive Branch policies infringed on the welfare and safety of American citizens and foreigners alike
Nestlé v. Doe: A Death Knell to Corporate Human Rights Accountability?
No full textThe Supreme Court in Nestlé v. Doe held that foreign plaintiffs who claimed to be victims of overseas tortious conduct by corporate defendants had no jurisdiction to sue in federal courts using the Alien Tort Statute. This Comment looks at the history of the Alien Tort Statute, from its inspiration, long dormancy, and recent reinvigoration beginning in the 1980s. The Comment then explores the background of Nestlé and its issues with child slavery in its cocoa supply chain. From there, the Comment analyzes the Nestlé v. Doe decision, and posits an alternative outcome. Finally, this Comment looks for a new way for foreign plaintiffs to try and hold corporate defendants responsible through United States courts and corporate law
Student Life E-Newsletter October 16, 2023
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Student Life E-Newsletter September 25, 2023
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Student Life E-Newsletter August 28, 2023
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