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Exemplary Legal Writing 2020: Four Recommendations
Get PDFFor some years, John Coffee of the Columbia Law School, one of the country’s leading experts on corporate and securities law, has been critical of the government’s failure to effectively prosecute corporate crime. In this book, Coffee both propounds a general theory of why such criminality is rarely prosecuted in a meaningful way, and also offers some creative solutions to such underenforcement
Rolling Back Transparency in China\u27s Courts
Get PDFDespite a burgeoning conversation about the centrality of information management to governments, scholars are only just beginning to address the role of legal information in sustaining authoritarian rule. This Essay presents a case study showing how legal information can be manipulated: through the deletion of previously published cases from China’s online public database of court decisions. Using our own dataset of all 42 million cases made public in China between January 1, 2014, and September 2, 2018, we examine the recent deletion of criminal cases from the China Judgements Online website. We find that the deletion of cases likely results from a range of overlapping, often ad hoc, concerns: the international and domestic images of Chinese courts, institutional relationships within the Chinese Party-State, worries about revealing negative social phenomena, and concerns about copycat crimes. Taken together, the decision(s) to remove hundreds of thousands of unconnected cases shape a narrative about the Chinese courts, Chinese society, and the Chinese Party-State. Our findings also provide insight into the interrelated mechanisms of censorship and transparency in an era in which data governance is increasingly central. We highlight how courts seek to curate a narrative that protects the courts from criticism and boosts their standing with the public and within the Party-State. Examining how Chinese courts manage the removal of cases suggests that how courts curate and manage information disclosure may also be central to their legitimacy and influence
The Role and Relevance of Investment Treaties in Promoting Renewable Energy Investments
Get PDFCo-authors Ladan Mehranvar and Lisa Sachs discuss the effect of investment treaties as catalysts for critical investments in the energy transition, with a particular focus on the Spanish renewable energy cases. The book chapter, The Role and Relevance of Investment Treaties in Promoting Renewable Energy Investments, is featured in Investment Arbitration and Climate Change, published by Kluwer Law International B.V
Our Unruly Administrative State
Get PDFOne of the perennial academic rituals of administrative “law” is to explain its compatibility with the rule of law. As surely as seasons pass, academics muster their formidable intellectual resources to reassure us, and themselves, that in pursuing administrative power, they have not abandoned the rule of law.
A more immediate justificatory project might be to explain the constitutionality of the administrative state. But notwithstanding valiant efforts, its constitutionality remains in doubt. So a fallback measure of its legitimacy seems valuable.
From this perspective, even if the administrative state is not quite constitutional, it can enjoy legitimacy under traditional common law ideas about the rule of law. Jurisprudence thus comes to the aid of aspirations for legality. But can the rule of law rescue the legitimacy of administrative power?
The historical difficulty is that the rule of law is not an old common law ideal. The other difficulty, based in contemporary realities, is that administrative power is unruly. It is so unruly that it cannot easily be fit under any rubric of law or even rules
Navigating Between Politics As Usual and Sacks of Cash
Get PDFLike other recent corruption reversals, Percoco was less about statutory text than what the Court deems “normal” politics. As prosecutors take the Court’s suggestions of alternative theories and use a statute it has largely ignored, the Court will have to reconcile its fears of partisan targeting and its textualist commitment
Developing Model Federal Legislation to Advance Safe and Responsible Ocean Carbon Dioxide Removal Research in the United States
Get PDFThis model federal legislation aims to advance safe and responsible ocean carbon dioxide removal (CDR) research in U.S. waters. Controlled field trials and other in-ocean research is critical to improve scientific and societal understanding of CDR techniques that could help the U.S. reach its climate goals. However, existing legal frameworks were not designed to regulate ocean CDR and, in some cases, unnecessarily or inappropriately restrict needed research. The purpose of this proposed model legislation is to establish clear and efficient permitting regime for in-ocean CDR research. At the same time, the model legislation builds in consultation, monitoring, and other safeguards to ensure research occurs in a scientifically-sound manner and minimizes potential risks to the environment and communities
CRT2 S1E1
No full textPhoto of Shameeka France, Advocate and founder of Success After Prison.https://scholarship.law.columbia.edu/crt2_podcast/1005/thumbnail.jp
CRT2 S1E2
No full textPhoto of Anna Arons, Acting Professor of Lawyering at New York University Law School.https://scholarship.law.columbia.edu/crt2_podcast/1006/thumbnail.jp
CRT2 S1E4
No full textPhoto of Katherine Franke, James L. Dohr Professor of Law at Columbia Law School.https://scholarship.law.columbia.edu/crt2_podcast/1011/thumbnail.jp
BU S3E2
No full textPhoto of Lynn Forester de Rothschild \u2779, founding and managing partner of Inclusive Capital Partners.https://scholarship.law.columbia.edu/beyond_unprecedented_podcast/1035/thumbnail.jp