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Lessons and Opportunities for Negotiation Teachers Following the Covid-19 Pandemic
Get PDFIn 2020-2021, and resulting from the Covid-19 pandemic, I taught and studied university negotiation courses online. In this essay I reflect on my experiences of teaching and learning online, ground them in pedagogical research, and distil key lessons and opportunities for negotiation teachers across three topics (creating inclusive classrooms, the role of technology, and equipping our students to meet the demands of the modern world). Teaching online has led to a collective upskilling in our understanding of our students, of what matters in life, and of how technology can enhance our teaching. We have agency in our classrooms to help create a more equitable world, as we indeed need to, if we are going to be transformational teachers and serve all of our students as best as we can
RBG: Nonprofit Entrepreneur
Get PDFIt is exceedingly rare for one person to change the world almost single-handedly, but Justice Ruth Bader Ginsburg was one of those people. Even before her distinguished judicial career, RBG was a trailblazing advocate for women’s rights during the 1970s. She persuaded the Supreme Court that gender discrimination violates the Equal Protection Clause of the U.S. Constitution, winning five of the six cases she argued there. To lead this historic effort, RBG served as general counsel of the ACLU and as co-founder and the first director of its Women’s Rights Project from 1972 until she became a judge in 1980.
How can we evaluate RBG’s performance in this role? If she had led a for-profit business, we could track its profits. But the test of a nonprofit’s success is not how much money it makes, but how much good it does in the world. To operationalize this somewhat abstract test, I have urged nonprofits to assess their work with three questions, which this Article applies to RBG’s impact litigation:
First, how important was the problem RBG was trying to solve? Second, how effective was her response? Third, what were RBG’s comparative advantages in this work
Taking from States: Sovereign Immunity\u27s Preclusive Effect on Private Takings of State Land
Get PDFThe core of a state is its physical presence and dominion over its land. States are now battling to maintain their dignity as sovereigns, while traditional tools essential to federalism risk erosion. Private actors, ostensibly empowered by the federal government to condemn land through eminent domain, threaten state sovereignty by attempting to take state property without consent. Select federal statutes, such as the Natural Gas Act and Federal Power Act, grant eminent domain power to private companies to take property for public use. Without proper limiting principles, a statute granting such power could allow a private corporation to condemn and take a state capitol – and the state would have no recourse to respond. However, because takings must be effectuated through courts, federal courts remain as a bulwark against improper intrusion into core sovereign realms.
Where the private company seeks to exercise the power of eminent domain and condemn state-owned land, how should courts evaluate a state’s defense of sovereign immunity under the Eleventh Amendment? This Article traces the independent but overlapping histories of state sovereign immunity and federal eminent domain power. We argue that under current state sovereign immunity doctrine, within the limited instances in which Congress has delegated its eminent domain power to a private actor for a specified public use and just compensation, the private actor is nonetheless prohibited from wielding that power to take state lands, absent state consent. This Article ultimately concludes that a delegation of eminent domain authority to a private actor does not abrogate or waive the independent state power of sovereign immunity, therefore rendering private parties unable to exercise eminent domain to take state property. Although intertwined, the separate and distinct history and evolution of delegated eminent domain and sovereign immunity doctrines confirm that where they collide, state sovereign immunity is still supreme
Corporate Net-Zero Pledges: The Bad and the Ugly
Get PDFThe Paris Agreement on Climate Change, adopted in 2015 and ratified or acceded to by 192 states and the European Union (EU), marked a historic turning point on global climate action. Achieving the agreement’s goal of limiting global warming to not more than 1.5 °C relative to the industrial era (1880-1900) will require a transformation of global energy systems, with the active participation and contribution of all actors in the economy. Many companies have pledged to reach net-zero direct and indirect greenhouse gas (GHG) emissions by 2050. This report analyzes such pledges by 35 companies across seven industries – oil and gas, mining, chemicals, utilities, cement, steel, and food processing – that jointly represent 64% of global GHG emissions on a direct emissions (scope 1) basis.
To examine how industry giants incorporate climate considerations into their business plans, this analysis considers companies that are ranked within the top ten of their sectors based on market capitalization. In addition, the analysis focused on companies that have publicly available net-zero pledges or other climate targets that provide insights into their future decarbonization plans
Transparency of Regulatory Data across the European Medicines Agency, Health Canada, and US Food and Drug Administration
Get PDFBased on an analysis of relevant laws and policies, regulator data portals, and information requests, we find that clinical data, including clinical study reports, submitted to the European Medicines Agency and Health Canada to support approval of medicines are routinely made publicly available
Columbia Law School Center for Gender and Sexuality Law Launches New ERA Project
Get PDFNew York, New York – Columbia Law School Professor Katherine Franke announced the creation of a new project that will bring cutting-edge research, strategy, and legal resources to the fight for gender-based equality. The Equal Rights Amendment (ERA) Project will be housed at the Law School’s Center for Gender and Sexuality Law (CGSL), which Franke founded in 2004
Leading Through Learning: Using Evolutionary Learning to Develop, Implement, and Improve Strategic Initiatives
Get PDFEquitably educating students requires effective differentiation of services based on students’ strengths and needs. Doing so reliably at scale is difficult given the diversity of students and contexts in our public school systems and the diversity of needs created by historical and institutionalized discrimination against people of color, immigrants, and other populations.
Still, a number of systems and organizations have succeeded in advancing equity at scale. They have done so by finding new ways to design, lead, and manage their operations and engage internal and external stakeholders – in our language, new ways to govern2 their work. Cutting across these promising governance practices are adult and student learning systems that provide transparency into how school leaders actually lead, teachers actually teach, and students actually learn day to day, school by school, classroom by classroom, and lesson by lesson. This combination of transparency, experimentation, and broad participation and knowledge sharing reveals effective ways to serve individual and groups of students, severing deeply entrenched links between student background, access to opportunity, and learning outcomes
