Global Health Research Center of Central Asia
Columbia Law School Scholarship ArchiveNot a member yet
5770 research outputs found
Sort by
Distributed Energy Resource Participation in Wholesale Markets: Lessons from the California ISO
Get PDFThis article examines CAISO’s DER program after its first year of operation. It draws on written comments submitted to CAISO in the course of program development and on interviews the authors conducted with stakeholders – including active and potential DERPs, investor-owned utilities, and customer groups – to identify “barriers” to program participation. Irrespective of whether these barriers are appropriate – e.g., to ensure continued wholesale system reliability as DER penetration increases – they have clearly prevented the DER program fulfilling CAISO’s stated goal. The barriers should, therefore, be considered by other ISO/RTOs in developing programs with similar goals. The authors identify six key lessons that other ISO/RTOs and regulatory authorities can learn from CAISO’s experience
A Private Law Court in a Public Law System
Get PDFThe U.S. Supreme Court’s approach to human rights is a global outlier. In conceiving of rights adjudication in categorical terms rather than embracing proportionality analysis, the Court limits its ability to make the kinds of qualitative judgments about rights application required to adjudicate claims of disparate impact, social and economic rights, and horizontal effects, among others. This approach, derivative of a private-law model of dispute resolution, sits in tension with the rights claims typical of a pluralistic jurisdiction with a mature rights culture, in which litigants more often disagree, reasonably, about the scope of rights rather than deny that others have them at all. In order to overcome the mismatch between the nature of the rights claims the Court faces and its anachronistic technology of adjudication, it will need not only to adopt a form of proportionality analysis but it will also need to adjust the ways in which it receives and assesses empirical social facts and it will need to broaden its remedial toolkit to include, for example, suspensions of invalidity. While proportionality is far from perfect, its flaws are anticipated by the challenges of constitutional democracy itself under conditions of pluralism
Columbia Law School Arbitration Newsletter
Get PDFThis Newsletter is prepared under the flagship of Center for International Commercial & Investment Arbitration (CICIA). The Center has become one of the most active research incubation centres in the realm of international arbitration, both commercial and investor-State, and with this new initiative, we welcome readers to be informed and explore the new avenues available for becoming associated with real time projects that would benefit the readers through greater information and ideas
Environmental and Social Sustainability in the Boardroom
Get PDFThe last 10 years has seen a remarkable shift in the attention and importance of social and environmental issues for public corporations. This has meant an increased focus by boards on these important matters.
Climate change, human rights, corporate political influence, and inequality are just some of the issues that are being raised by shareholders and other stakeholders. As calls for corporate transparency grow, how boards incorporate these issues into their decision making processes, disclose them, and address them from a risk perspective will continue to garner attention
Bearing Faith: The Limits of Catholic Health Care for Women of Color
Get PDFThis study finds that in nineteen out of the thirty-four states/territories that we studied, women of color are more likely than white women to give birth at hospitals bound by the ERDs. Women of color’s disproportionate reliance on Catholic hospitals in these states increases their exposure to restrictions that place religious ideology over best medical practices.
To determine whether women of color disproportionately give birth at hospitals operating under the ERDs, we compared the percentage of births to women of color at Catholic and non-Catholic hospitals. In over half of the states we studied (19 out of 33 states plus Puerto Rico) we found that women of color are more likely than white women to give birth at hospitals operating under the ERDs. The racial disparity in birth rates at Catholic hospitals is especially striking in some states. For example, in Maryland, three-quarters of the births in Catholic hospitals are to women of color, while women of color represent less than half the births at non-Catholic facilities. In New Jersey, women of color make up 50% of all women of reproductive age, yet represent 80% of births at Catholic hospitals
Religion, Discrimination, and Government Funding: Enforcing Civil Rights Law After \u3cem\u3eMasterpiece Cakeshop\u3c/em\u3e and \u3cem\u3eTrinity Lutheran\u3c/em\u3e
Get PDFA memorandum published by the Law, Rights, and Religion Project at Columbia Law School (formerly the Public Rights/Private Conscience Project) that clarifies the responsibility of state and local human rights agencies and commissions to robustly enforce civil rights laws — particularly in the context of government-funded social services — in the wake of the Supreme Court’s decisions in Masterpiece Cakeshop v. Colorado Civil Rights Commission and Trinity Lutheran Church of Columbia, Inc. v. Come
Family Law\u27s Exclusions
Get PDFAs Fordham Law School commemorates the hundredth anniversary of women in its ranks, the school is also acknowledging the ways it has excluded women. For this special Issue celebrating scholarship by the women of Fordham, I see a similar theme echoing in my work. From my first article, published soon after I graduated from law school, through my most recent work, I have identified and explored the exclusions riddling family law
Anything Goes : Regulating the Conduct of Money-Bundling Broadway Co-Producers
Get PDFThis Note will analyze industry concerns relating to the practice of granting above-the-title producer credit to individuals solely for contributing or bundling a share of a production’s capitalization, specifically by asking whether moneybundling Broadway co-producers are acting as unregistered broker-dealers in violation of applicable Security Exchange Commission (“SEC”) registration requirements. In Section I of this Note, I provide a history of Broadway producing models, so as to understand how today’s dominant model developed. In Section II, I unpack that model by describing the structure of theatrical investment vehicles and identifying the different types of Broadway producers. In Sections III and IV, I outline the applicable provisions of the Securities Act of 1933 (the “Securities Act”) and the Securities Exchange Act of 1934 (the “Exchange Act”), and in Section V, I apply the SEC’s four-factor “broker-dealer” test to the conduct of money-bundling Broadway co-producers, thereby isolating industry practices that might trigger registration requirements. Finally, in Sections VI through VII, I identify the potential consequences of using unregistered brokers and develop a list of recommendations that production companies can follow to avoid violating SEC registration requirements
How Constitutional Norms Break Down
Get PDFFrom the moment Donald Trump was elected president, critics have anguished over a breakdown in constitutional norms. History demonstrates, however, that constitutional norms are perpetually in flux. The principal source of instability is not that these unwritten rules can be destroyed by politicians who deny their legitimacy, their validity, or their value. Rather, the principal source of instability is that constitutional norms can be decomposed – dynamically interpreted and applied in ways that are held out as compliant but end up limiting their capacity to constrain the conduct of government officials.
This Article calls attention to that latent instability and, in so doing, begins to taxonomize and theorize the structure of constitutional norm change. We explore some of the different modes in which unwritten norms break down in our constitutional system and the different dangers and opportunities associated with each. Moreover, we argue that under certain plausible conditions, it will be more worrisome when norms are subtly revised than when they are openly flouted. This somewhat paradoxical argument suggests that many commentators have been misjudging our current moment: President Trump\u27s flagrant defiance of norms may not be as big a threat to our constitutional democracy as the more complex deterioration of norms underway in other institutions
Free Expression on Campus: Mitigating the Costs of Contentious Speakers
Get PDF“If you’re afraid to offend, you can’t be honest.”
“If you offend me, I can’t hear what you’re trying to tell me.”
—overheard on campus
The debate over how colleges and universities should respond to contentious guest speakers on campus is not a new one. A quick look back to the early 1990s, among other times, shows commentators squaring off much as they do today about the tensions between protecting free expression and ensuring meaningful equality.
Perhaps not surprisingly, the issues that contested speakers address are also much the same as they have been for several decades – government action and inaction on various issues, the rights and social status of identity-based groups, and con-flicts within political territories and regimes, among others. And, I would predict, questions about how institutional leaders should respond to these speakers will still be quite pressing twenty or thirty years from now.
My aim in this brief essay is not to rehash the familiar debates but rather to consider whether and how schools ought to mitigate harms that may occur as a result of these speakers presenting their views on campus. That is, I start from the premise that, for both non-consequentialist and pragmatic reasons, colleges and universities should allow invited speakers to give their remarks on campus and should undertake serious efforts to minimize and prevent disruption. I also begin with the premise that some of these talks may come with real costs for individuals and groups within the community, for the school community as a whole, and for those who encounter these speakers and their views in non-campus settings