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The Self-Styled \u27Autonomy\u27 of International Arbitration
Get PDFAmong international legal regimes, international arbitration has traditionally claimed for itself a remarkable degree of autonomy from other international regimes, an autonomy that enables it to enjoy a remarkable measure of self-determination. Its assertions of autonomy take a number of different forms and exhibit considerable resilience. Autonomy does allow international arbitration to develop in accordance with norms that are specific to it, but it also poses challenges that need, even for international arbitration’s own well-being, to be acknowledged and addressed
Climate Change, Coming Soon to a Court Near You – Report One: Report Series Purpose and Introduction to Climate Science
Get PDFClimate change is the defining challenge of our time. Without urgent climate action, humanity faces a world that cannot sustain civilization as we know it. People around the globe are demanding action, some with climate litigation. This four-part report series recognizes the inevitability of increased litigation in the era of climate change and judges need a tool kit to respond. Report One explains how judges from Asia and the Pacific contribute to climate governance, along with the Asian Development Bank’s rationale for producing this report series. It guides readers through some of the basics about climate change: What is causing it? How do we know? How bad might it get? What do we do about it
Stakeholder Survey Preliminary White Paper
Get PDFWith a generous grant from the Columbia-IBM Center for Blockchain and Data Transparency, the Columbia Law School/Business School Program in the Law and Economics of Capital Markets (the “Program”) is conducting a survey of domestic and international securities markets regulators, entrepreneurs, private industry leaders, legal practitioners, academics, and other stakeholders in the securities markets (the “Survey”). The Survey is designed to provide a deeper understanding of what these stakeholders consider to be the most important issues raised by distributed ledger technology (“DLT”) for the securities markets and their regulation. DLT is an integral part of the larger revolution in computing, communication, and data storage that has transformed securities markets over the last few decades and promises further radical change in the years to come
Religious Liberty Challenges to Health Care in the Age of COVID-19 – Supreme Court Arguments in \u3cem\u3eLittle Sisters of the Poor v. Pennsylvania\u3c/em\u3e
Get PDFOn Wednesday, May 6, 2020 the Supreme Court will be hearing arguments (telephonically) in the most recent challenge to the Affordable Care Act’s requirement that employee health plans include contraception coverage, Little Sisters of the Poor v. Pennsylvania. The case raises the important question of whether religious liberty rights can be used to limit access to health care at a time when the nation – and the world – is experiencing one of the worst global pandemics in human history. For this reason, the issues in this case take on special significance
In Search of Answers: U.S. Military Investigations and Civilian Harm
Get PDFFor the families and communities of civilians killed and injured by the U.S. military, it can be very difficult to find out why their relative was harmed, and what – if anything – the military may do to acknowledge, explain, or compensate their loss. The military can never fully remedy the death of a loved one or the destruction of a family’s livelihood. Yet effective military investigations into civilian harm can help answer important questions for affected civilians, provide a basis for appropriate redress, promote accountability, and allow the military to learn valuable lessons for avoiding or mitigating similar harm in the future.
The U.S. military has the capability to investigate thoroughly. Military leaders have publicly acknowledged the value of investigating allegations of civilian harm, and official military doctrine clarifies the benefits of investigations. However, over the last eighteen years, examples of good practice in investigating civilian harm have been overshadowed by the inconsistency – and, too often, inadequacy – of the overall record of military investigations. Impacted civilians and civil society organizations, both in the United States and in countries where the U.S. carries out military operations, have repeatedly called for more thorough and transparent investigations.
This report seeks to move the practice forward, by thoroughly analyzing the U.S. military’s standards and procedures for investigations into civilian harm. It aims to identify both the factors that are most important to ensure effective investigations and the obstacles or challenges that may prevent a successful investigation. The report also makes recommendations to improve investigations of civilian harm
Professor Katherine Franke Joins Supreme Court Brief Urging Limits to Religious Exemptions in Same-Sex Parenting Case
Get PDFNew York, New York — Yesterday, Professor Katherine Franke (Faculty Director of the Law, Rights, and Religion Project and James L. Dohr Professor of Law) and 8 other scholars of law and religion filed an amicus brief with the U.S. Supreme Court in Fulton v. City of Philadelphia. The case raises the question of whether a Catholic social service agency that accepts public funding from the City of Philadelphia to provide child welfare services, can use that funding to deny services to same-sex couples seeking to adopt or foster children
A Study of the Purple Star School Designation Program: Summary Report
Get PDFMilitary-connected (MC) families are tough and agile. Moving three times more often, on average, than their civilian counterparts, parents and students quickly learn to become fierce advocates for themselves, lobbying schools to provide the basic educational services and social-emotional supports to which all American children are entitled. But this advocacy becomes exhausting and draws time away from the other pressing demands of relocation and family life. What relief might parents feel if they did not have to constantly put on their armor to fight these battles? And what more could students accomplish if they did not have to settle for good enough?
One promising new initiative — the Purple Star School designation program (Purple Star program) — seeks to reduce this burden on families. By articulating the most critical transition supports for military-connected families and publicly designating schools that meet those requirements, the program signals to military-connected families which schools are the most committed and best equipped to meet their needs.
To better understand the landscape around and impact of the Purple Star program, the Military Child Education Coalition (MCEC), the initiative’s national advocate, engaged the Center for Public Research and Leadership at Columbia University (CPRL) to conduct a study of the program across four states. In this report, we summarize the findings of that investigation, assessing the strengths of current initiatives, identifying potential areas of growth, and offering recommendations to guide the improvement of both extant and emergent initiatives
The New \u3cem\u3eRestatement of Children and the Law\u3c/em\u3e: Legal Childhood in the Twenty-First Century
Get PDFThis Essay is based on a previous article: Clare Huntington & Elizabeth Scott, Conceptualizing Legal Childhood in the Twenty-First Century, 118 Mich. L. Rev. 1371 (2020) (offering a comprehensive account of the Child Wellbeing framework).
Since the 1960s, the law regulating children has become increasingly complex and uncertain. The relatively simple framework established in the Progressive Era, in which parents had primary authority over children subject to a limited supervisory and protective role of the state, has broken down. Lawmakers have begun to grant children some adult rights and privileges, raising questions about their traditional status as vulnerable, dependent, and legally incompetent beings. In the realm of crime regulation, law and policy have fluctuated between a rehabilitative model of juvenile justice and more punitive reforms, creating instability and uncertainty about the law\u27s priorities in this domain. Advocates have attacked parental rights, the bulwark of traditional legal regulation, arguing that strong parental authority over children is anachronistic and harms the interests of children. Although parental rights continue to be robust, the rationale for strong parental rights is less clear than it once was.
In response to this uncertainty, and in an effort to bring clarity and coherence to this area of legal regulation, the American Law Institute (ALI) launched a new project in 2015: the Restatement of Law, Children and the Law …. (hereinafter Restatement of Children and the Law or Restatement). This project, which is ongoing, offers comprehensive coverage of the legal regulation of children. The Restatement is organized in four parts: Children in Families, Children in Schools, Children in the Justice System, and Children in Society. In fulfilling its ambitious goals, the Restatement has uncovered an emerging but coherent framework that shapes and integrates doctrine across this broad legal domain. As we explain in this Essay, the Restatement clarifies that regulation of children and families is not incoherent: Lawmakers in the twenty-first century increasingly are guided by a core principle and goal-the promotion of child well-being
Comments on Preliminary Draft 5 [black letter and comments]
Get PDFWe appreciate the considerable work that has gone into PD5, and believe that several of its provisions and Comments accurately quote or state and explain the law. Nonetheless, PD5 manifests several of the earlier drafts’ shortcomings. We remain particularly concerned that the relationship of this draft to the statute remains highly inconsistent, not to say erratic. We are not sanguine that our oft-repeated calls that the Reporters and ALI devise a consistent and transparent methodology for restating a statute will finally be heeded. (To the extent there is a guiding principle behind this Restatement, and PD5, it often appears to be to construe the Copyright Act and the caselaw to minimize the existence and scope of copyright protection.) But we and other Advisers will keep urging the articulation of a coherent approach to restating the Copyright Act because we are convinced that continuing to carry on without clear methodological principles will undermine the utility of this project and the credibility of the ALI
There and Back: Vindicating the Listener\u27s Interests in Targeted Advertising in the Internet Information Economy
Get PDFTargeted advertising — the process by which advertisers direct their message at a specific demographic — is neither a recent1 nor an irrational phenomenon.2 One industry executive has proclaimed it the “rare win for everyone” because it serves producers, advertisers, and consumers alike. It should be no surprise that the Information sector of the online economy — particularly new and social media platforms with robust access to consumer data — has structured revenue streams to benefit from targeted advertising. These platforms generate “substantially all of [their] revenue from advertising,” which in turn rely on active user engagement.
The Internet Information Economy is premised on the free flowing exchange of data and limited barriers to its collection and transmission. New and social media, including Google, Facebook, and LinkedIn, sustain themselves on a quid pro quo exchange of monetizable user data for a wide array of nominally gratuitous services. This free flow of data has revolutionized how marketers reach their desired audiences. Advertisers are willing to pay a premium for targeted advertisements with the expectation that the investment yields dividends. Currently, the technological prowess of new and social media platforms outpaces the existing regulatory landscape. However, these businesses contend with risks relating to the nature of targeted advertising, including the propensity to mislead consumers, and concomitant concerns about user privacy.
Acknowledging the ubiquity of targeted advertising and Internet Information Economy participants’ market share and political will, this Note proposes several policies for regulating such data collection and transmission practices. Calls for regulations on targeted advertisements — particularly those linked to new and social media — are likely to be met with claims of a First Amendment violation, and invocations of the Commercial Speech Doctrine. While the core of the Commercial Speech Doctrine captures speech proposing a commercial transaction, it also encompasses “expression related solely to the economic interests of the speaker and its audience.” Targeted advertising hosted on Internet Information Economy platforms poses a unique challenge to this paradigm. Its reliance on consumer data directly implicates the consumer more so than with “traditional” commercial speech