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The Cambridge Handbook of Copyright Limitations and Exceptions
No full textWhile copyright law is ordinarily thought to consist primarily of exclusive rights, the regime\u27s various exemptions and immunities from liability for copyright infringement form an integral part of its functioning, and serve to balance copyright\u27s grant of a private benefit to authors/creators with the broader public interest. With contributors from all over the world, this handbook offers a systematic, thorough study of copyright limitations and exceptions adopted in major jurisdictions, including the United States, the European Union, and China. In addition to providing justifications for these limitations, the chapters compare differences and similarities that exist in major jurisdictions and offer suggestions about how to improve the enforcement of copyright limitations domestically and globally. This work should appeal to scholars, policymakers, attorneys, teachers, judges, and students with an interest in the theories, policies, and doctrines of copyright law.https://scholarship.law.columbia.edu/books/1306/thumbnail.jp
Advocates Say ISDS Is Necessary Because Domestic Courts Are ‘Inadequate,’ But Claims and Decisions Don’t Reveal Systemic Failings
Get PDFProponents of including investor-state dispute settlement (ISDS) provisions in treaties, contracts, and even national laws argue that ISDS is necessary because domestic courts are “inadequate.” Without this mechanism, foreign investors would be dependent on domestic courts and administrative mechanisms, which, proponents claim, are often inefficient, slow, biased, corrupt, and lacking in international law expertise, especially in developing countries. As one insight to analyze the “inadequate courts” argument, CCSI has examined treaty-based ISDS cases in which investors complained of domestic court proceedings or decisions, including the specific complaints and the tribunals’ analysis of those claims
Beyond Unprecedented S2 Ep0: Reintroducing Beyond Unprecedented
Get PDFAs we head into the third calendar year of the pandemic, the unprecedented has led to the unpredictable. Along with mass layoffs, people quit at unheard of rates; stocks soared; short sellers lost out to Redditors; and issues surrounding climate change and diversity took on more prominence – including in the boardroom. But are these just trends, or are they here to stay? And when it comes to making corporations more sustainable and diverse, is real change even possible? In season 2 of Beyond Unprecedented, leading experts discuss these questions and more and examine law, business, and capital markets in a world changed by COVID-19.
Co-hosts Professor Eric Talley and Kate Waldock ’23 kick off the season with NPR\u27s Stacey Vanek Smith JRN \u2703 to discuss what constitutes the new normal in the economy and preview upcoming episodes.https://scholarship.law.columbia.edu/beyond_unprecedented_2/1000/thumbnail.jp
Decarbonization Pathways for Paraguay’s Energy Sector
Get PDFIn light of the upcoming renegotiation of Annex C of the Treaty of Itaipú, the Ministry of Finance of Paraguay asked Professor Jeffrey Sachs and his team to revisit the 2013 report, with support from the Development Bank of Latin America (Banco de Desarrollo de América Latina [CAF]) and in partnership with the Sustainable Development Solutions Network (SDSN).
CCSI, the Quadracci Sustainable Engineering Lab at Columbia University, and the Centro de Recursos Naturales, Energía y Desarrollo (CRECE) authored the report Decarbonization Pathways for Paraguay’s Energy Sector, published by CCSI in November 2021.
The report – available in English and Spanish – integrates the results of three energy models with findings from literature review and expert interviews to provide recommendations for Paraguay to reduce greenhouse gas (GHG) emissions to meet its climate change commitments under the Paris Agreement by decarbonizing the country’s energy use sectors by 2050 through economy-wide zero-carbon electrification, massive energy efficiency gains, behavioral changes, and institutional reforms
Opposition to Renewable Energy Facilities in the United States
Get PDFMore than 100 ordinances have been adopted in 31 states blocking or restricting new wind, solar, and other renewable energy facilities, and more than 160 of these projects have been contested in 48 states. Columbia Law School’s Sabin Center for Climate Change Law issued a report documenting these instances of local opposition to renewables
Classical Liberal Property and the Question of Institutional Choice
Get PDFRichard Epstein’s property scholarship tracks his classical liberal theory of government. The classical liberal would permit state intervention to overcome collective-action problems but not to engage in redistribution of wealth. With respect to private law, Epstein harbors no clear preference for either the legislature or the courts as a source of limits on owners’ autonomy to overcome collective-action problems. With regard to public law, in contrast, Epstein would elevate the courts to a superior status relative to legislatures and would have courts enforce the classical liberal ideal as a matter of constitutional law. This article questions whether giving such power to courts makes sense, even on classical liberal assumptions
Federal Corporate Law and the Business of Banking
Get PDFThe only profit-seeking business enterprises chartered by a federal government agency are banks. Yet there is barely any scholarship justifying this exception to state primacy in U.S. corporate law.
This Article addresses that gap. It reinterprets the National Bank Act (NBA) – the organic statute governing national banks, the heavyweights of the financial sector – as a corporation law and recovers the reasons why Congress wrote this law: not to catalyze private wealth creation or to regulate an existing industry, but to solve an economic governance problem. National banks are federal instrumentalities charged with augmenting the money supply – a delegated sovereign privilege. Congress recruited private shareholders and managers to run these instrumentalities as a check on monetary overissue and to prevent politicized asset allocation by government officials – a form of premodern agency independence.
Viewing the NBA as a corporation law yields surprising dividends. First, it exposes a major flaw at the heart of U.S. banking jurisprudence. In recent decades, the Supreme Court and the Office of the Comptroller of the Currency (OCC), the chartering authority for national banks, have interpreted national banks’ corporate powers expansively, allowing them to enter a vast range of new business lines. But the corporate powers provision of the NBA is not a regulatory statute to which courts should apply Chevron deference, nor is it part of the OCC’s enabling act. It is part of the corporate charters of national banks. Accordingly, the opposite, settled rule of construction applies: ambiguity is construed strictly against the corporation. Second, interpreting the NBA as a corporation law reveals that the OCC’s current campaign to unhitch national bank charters from the deposit business lacks a statutory basis and threatens an unprecedented colonization of U.S. enterprise law by a federal government agency that is ill-suited to this mission and was never congressionally tasked with it
Defending the Planet Ep5: The Climate Refugee Crisis
Get PDFThe Marshall Islands sit six feet above sea level. As oceans rise, this tiny nation-state in the Pacific Ocean is at the highest risk of being wiped off the map. Literally. Is a country still a country if it’s underwater? What happens to people if their homeland is no longer habitable? Where will they go? Will they be able to transfer their citizenship? Will their passports be valid? Migration of people as a result of climate change is happening already on almost every continent, and the challenge is presenting new legal questions on a nearly constant basis.
University Professor Michael W. Doyle and Ama Francis, non-resident fellow at the Sabin Center for Climate Change Law, delve into climate migration with host Michael B. Gerrard and discuss how existing human rights law and international cooperation can protect people fleeing the destructive forces of climate change.https://scholarship.law.columbia.edu/defending_the_planet/1005/thumbnail.jp
Strengthened Bonds: Abolishing the Child Welfare System and Re-Envisioning Child Well-Being
Get PDFThe 2001 book, Shattered Bonds: The Color of Child Welfare, by Dorothy Roberts, called out the racism of the child welfare system and the harms that system perpetrates on families and communities. Twenty years later, despite numerous reform efforts, the racism and profound harms endure. It is time for transformative change. In this foreword to the symposium Strengthened Bonds: Abolishing the Child Welfare System and Re-Envisioning Child Well-Being, honoring the 20th anniversary of Shattered Bonds, we highlight Professor Roberts’ articulation of her development as a family policing abolitionist and summarize the articles and comments contributed from scholars in numerous disciplines and well as impacted parents, family defense advocates and system-change activists. These contributions help us learn from history and political theory; focus on the unique and shared circumstances of Native American families; critique, and call for repeal of, much of current law; condemn the punitive, and racially disproportionate, surveillance of families; and demand a new approach that diverts the massive funding of the foster-care industrial complex into support, services, and healing for families, tribes, and communities.
We call for abolition of the family regulation system, the term we use as a more accurate description of what is commonly called the child welfare or child protection system. We situate this call in the context of the more developed movement for prison abolition. The current system is predicated on seeing individual parents as a risk to their children. It fails to see the strengths and resilience of parents and families; the harms of surveillance and removal; and the structural forces that harm children by failing to invest in adequate housing, income, child care, health and mental health services, and educational opportunities for all families. Abolition provides the transformative mind-set that will enable loving and strengthened families to raise happy, healthy, safe, educated, and imaginative children
Removing Carbon Dioxide Through Ocean Alkalinity Enhancement: Legal Challenges and Opportunities
Get PDFMany scientists now agree that achieving the 2015 Paris Agreement’s goal of limiting global warming to “well below” 2°C, and ideally to 1.5°C, above pre-industrial levels will require both major reductions in greenhouse gas emissions and the removal of massive amounts of carbon dioxide from the atmosphere. Various terrestrial and ocean-based carbon dioxide removal techniques have been proposed, but further research is needed to evaluate their relative benefits and drawbacks. Initial studies suggest that terrestrial carbon dioxide removal techniques, such as bioenergy with carbon capture and storage, may require large amounts of land, which could lead to conflicts with other users. This may be less of an issue where carbon dioxide removal is performed in the oceans, given their large surface area and the fact that human users of the oceans are typically broadly dispersed.
One widely discussed ocean carbon dioxide removal technique is ocean alkalinity enhancement, which involves adding alkalinity to ocean waters, either by discharging alkaline materials (e.g., ground olivine or dunite rock) or through an electrochemical process. The addition increases ocean pH levels, thereby enabling greater uptake of carbon dioxide, while also reducing the adverse impacts of ocean acidification.
This paper examines the international and U.S. legal frameworks that apply to ocean alkalinity enhancement. Subsequent work will examine the relevant laws of selected other coastal countries