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Federal Court Allows Civil Rights Lawsuit Challenging Violations at Standing Rock
Get PDFNew York, September 3, 2020 — In a significant victory for critics of governmental overreach, Judge Daniel M. Traynor (U.S. District Court for North Dakota) denied motions to dismiss filed by state and county law enforcement defendants and the private security firm, TigerSwan LLC. As a result, the Thunderhawk v. County of Morton civil rights lawsuit, brought by plaintiffs Cissy Thunderhawk, Wašté Win Young, the Reverend John Floberg, and José Zhagñay against North Dakota government officials and TigerSwan, will move forward on the claim that the plaintiffs and the class were denied their constitutional rights to Free Speech
Executive Overreach and Underreach in the Pandemic
Get PDFThe pandemic that convulsed the globe in 2020 was long foretold but still surprising to many. Within a few months of its appearance, COVID-19 became one of the leading causes of death worldwide. Governments struggled at first to comprehend what was happening – and then reacted in very different ways. Most political leaders followed the advice of epidemiologists. Many declared states of emergency. A few pursued autocratic agendas. And some did almost nothing.
During emergencies, constitutional scholars normally worry about executive aggrandizement at the expense of human rights and democratic values. Emergencies often require national executives to act quickly and forcefully to stave off threats. But emergencies also give national executives the opportunity to consolidate power, just when parliaments and courts are least keen to take responsibility. As we will show, the pandemic has provided a textbook example of this phenomenon, reinforcing what we know from the literature on emergencies that “executive overreach” is a serious problem
The Cambridge Handbook of International and Comparative Trademark Law
No full textTrade in goods and services has historically resisted territorial confinement, but trademark protection remains territorial, albeit within an increasingly important framework of multilateral treaties. Trademark law therefore demands that practitioners, policy-makers and academics understand principles of international and comparative law. This handbook assists in that endeavor, with chapters describing and critically analyzing international and regional frameworks, and providing comparative perspectives on the substantive issues in trademark law and related fields, such as geographic indications, advertising law, and domain names. Chapters contrast common law and civil law approaches while focusing on the US and EU trademark systems in light of the role these systems have played in the development of trademark laws. Additionally, this handbook covers other jurisdictions, both common law and civil law, on the Asia-Pacific, African, and South American continents. This work should be read by anyone seeking a better understanding of trademark law around the world.https://scholarship.law.columbia.edu/books/1270/thumbnail.jp
Cyberattacks and the Constitution
Get PDFContrary to popular view, cyberattacks alone are rarely exercises of constitutional war powers – and they might never be. They are often instead best understood as exercises of other powers pertaining to nonwar military, foreign affairs, intelligence, and foreign commerce, for example. Although this more fine-grained, fact-specific conception of cyberattacks leaves room for broad executive leeway in some contexts, it also contains a strong constitutional basis for legislative regulation of cyber operations
BU S1E01
No full textLine art image of Katharina Pistor, Edwin B. Parker Professor of Comparative Law at Columbia Law School.https://scholarship.law.columbia.edu/beyond_unprecedented_podcast/1001/thumbnail.jp
Beyond Unprecedented S1 Ep3: A New Chapter for Bankruptcy?
Get PDFWhen the pandemic shuttered businesses and triggered layoffs, an increase in bankruptcy filings seemed inevitable, and, sure enough, a number of household names, including Hertz and J. Crew, filed for Chapter 11. Is bankruptcy – a process that Professor Edward R. Morrison describes as “byzantine” – the best solution for businesses crushed by 2020’s economic woes? And, as the crisis continues, is a wave of personal bankruptcies on the horizon?
In the third episode of Beyond “Unprecedented,” host Eric Talley delves into how bankruptcy could help businesses rather than foreshadow their demise. Morrison, a bankruptcy expert, and Kate Waldock, an economist and research fellow at the Millstein Center for Global Markets and Corporate Ownership, suggest that many companies that declared bankruptcy in 2020 were already ailing and that as the COVID-19 pandemic drags on, there is still too much economic uncertainty to make bankruptcy restructuring a viable option.https://scholarship.law.columbia.edu/beyond_unprecedented/1003/thumbnail.jp
Judicial Credibility
Get PDFDo people believe a federal court when it rules against the government? And does such judicial credibility depend on the perceived political affiliation of the judge? This study presents a survey experiment addressing these questions, based on a set of recent cases in which both a judge appointed by President George W. Bush and a judge appointed by President Bill Clinton declared the same Trump Administration action to be unlawful. The findings offer evidence that, in a politically salient case, the partisan identification of the judge – here, as a “Bush judge” or “Clinton judge” – can influence the credibility of judicial review in the public mind
Best Practices in Data Driven Development Planning in Mining Regions
Get PDFStrategic development planning has long been used by private and public sectors to guide actions that will lead to a determined goal in the medium- to long-term. The SDG framework has helped to create a common language of what development means, what the global objectives are by 2030, and how progress can be measured. With the world entering an era in which data is generated and used at an unprecedented scale, data and ICT systems should be used to better inform policy decision making and help evaluate progress to hold stakeholders accountable to their promises and performance. This report outlines how two mining projects in Chile are using planning and monitoring tools to advance development objectives beyond the mining-impacted areas. Several additional examples are showcased in the annex on how governments, companies, and civil society are using improved data accessibility and technological advances to help achieve and monitor their objectives
Don’t Throw Caution to the Wind: In the Green Energy Transition, Not All Critical Minerals Will Be Goldmines
Get PDFThe green energy transition will be exceedingly mineral intensive. Manufacturing solar panels, wind turbine and batteries to power cleaner energies is set to significantly increase the demand for co-called “critical” minerals. Such a forecast prompts high expectations in mineral-rich countries and suggests promising opportunities for developing countries.
However, the projects to increase the primary extraction of critical minerals rest on bullish forecasts and uncertain terrain due to a number of factors explored in the paper that threaten to leave these investments obsolete and economically stranded.
Governments, international actors, and mining advocates seeking to optimize the value of green energy mineral reserve should heed caution when pursuing and promoting the mining of critical minerals. We provide specific recommendations in the paper
A United States Perspective on Digital Single Market Directive Art. 17
Get PDFTo a US appraiser, article 17 of the Digital Single Market Directive suggests the EU has learned from American mistakes (and from its own) in the allocation of internet intermediaries’ liability for hosting and communicating user-posted content. Before the DSM Directive, art. 14 of the 2000 eCommerce Directive set out a notice-and-takedown system very similar to the regime provided in 17 U.S.C. section 512(c). Both regimes replaced the normal copyright default, which requires authorization to exploit works, with a limitation on the liability of service providers who complied with statutory prerequisites. Because the limitation ensured that service providers would not be liable in damages, both regimes effectively codified “Seek forgiveness, not permission.”
Part I of this Chapter will outline the text and judicial interpretation of the US Online Copyright Infringement Liability Limitation Act’s (OCILLA) notice and takedown provisions in order to explain the regime that one might view DSM Directive art. 17 as correcting. Part II will analyze the subsections of art. 17 in order to explain how art. 17 works, including how it changes the prior EU legal regime, and what it leaves untouched. Part III will compare art. 17 with US law in order to consider what the US might learn from the EU