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Administrative Harms
Get PDFAdministrative power imposes serious wounds on the United States, its Constitution, and its citizens. Therefore, a persuasive defense of administrative power would need to respond to these harms, showing that it is constitutional and otherwise desirable, notwithstanding its many costs. If the administrative state is defensible, it will be necessary to wrestle with all of the damage it incurs
Yes, Tax the Rich — and Also the Merely Affluent
Get PDFMost Americans believe that economic inequality is too high, and many think that higher taxes are the answer. There is some disagreement about who should pay higher taxes, but there is broad agreement about who should not. At least since the heyday of the Occupy Wall Street movement, \u27We Are the 99 Percent\u27\u27 has been the dividing line.
“Those in the 1 percent are walking off with the riches, but in doing so they have provided nothing but anxiety and insecurity to the 99 percent,” explained Nobel laureate Joseph Stiglitz in his 2012 book The Price of Inequality. The “main fault line in the American society is ... between the 1 percent and everybody else,” insisted celebrated economists Emanuel Saez and Gabriel Zucman in their book The Triumph of Injustice, published amid the 2020 presidential campaign. Dramatic wealth tax proposals by Democratic presidential candidates Senators Bernie Sanders and Elizabeth Warren, chair of the tax-writing committee Senator Ron Wyden, and even an income taxation plan by Representative Alexandria Ocasio-Cortez do not come close to hiking taxes on anyone below the 1 percent threshold. The same is true of the suggestions by numerous tax academics considering how to tax the rich
24 Groups to Secretary Austin: Make Amends for Civilian Harm in Somalia
Get PDFThe undersigned Somali and international human rights and protection of civilians organizations write to request that you take immediate steps to address the requests of families whose loved ones were killed or injured by US airstrikes in Somalia. New reporting illustrates how in multiple cases of civilian harm in Somalia confirmed by the US government, civilian victims, survivors, and their families have yet to receive answers, acknowledgement, and amends despite their sustained efforts to reach authorities over several years
NY, New Jersey Adopt Laws Requiring Flood Risk Disclosure for Homebuyers, Tenants
Get PDFIn the wake of several incidents of unprecedented rainfall and disastrous flooding, both New York and New Jersey have adopted laws requiring the sellers of residential properties to tell buyers, and landlords to tell tenants, about known flood risks. The New Jersey law also requires disclosures in commercial transactions. A New York enactment also eliminates the commonlyused ability of sellers to avoid making property disclosures (not only about flood risk) by taking $500 off the purchase price
Trump’s Political Action Committee Wants a $60 Million Refund on Paying His Legal Fees – 3 Key Things to Know About PACs
Get PDFSave America, one of former President Donald Trump’s political organizations, is seeking a US4 million in its account, The New York Times reported on July 31, 2023. It started 2022 with $105 million in the bank.
Trump’s use of political action committees, often known as PACs, to pay his mounting legal fees has raised questions about these organizations and how they spend money
Submission to the United Nations Universal Periodic Review of Yemen
Get PDFThis submission focuses on international human rights and humanitarian law violations by the Government of Yemen and allied armed groups, as well as by the armed group Ansar Allah (the Houthis), as supported by Mwatana’s original factfinding and documentation
Remarks on \u3cem\u3eManifesting Justice: Wrongly Convicted Women Reclaim Their Rights\u3c/em\u3e
Get PDFThe following are remarks from a panel discussion co-hosted by the Columbia Journal of Gender and Law and the Center for Gender and Sexuality Law on the book Manifesting Justice: Wrongly Convicted Women Reclaim Their Rights
Cardozo and Uncertainty in the Common Law
Get PDFBenjamin Cardozo’s The Nature of the Judicial Process is best understood as one of the most successful contributions to this category of work defending the common law on the basis of its process. In the book, Cardozo offers a spirited and principled defense of the judicial process, all in an effort to highlight the manner in which judges manage the seemingly pervasive uncertainty of the common law method in the discharge of their duties. All the same, it is obvious that he considered the project to be necessarily incomplete. Just a few years after the publication of the Judicial Process, he published a second set of lectures as a “supplement” to the Judicial Process, recognizing that a few ideas were “imperfectly developed” and required fuller elaboration. This second set would come to be published under the title The Growth of the Law.
In this Essay, I argue that Cardozo’s commitment to certainty in the common law embodied a complex structure, masking a potential analytical paradox. Whereas Judicial Process was directed at making readers comfortable with the uncertainty of the common law and having them accept it as an innate feature of the system, Growth readily acknowledged that the uncertainty of common law doctrine deserved being addressed on its own terms. Implicit in that acknowledgement was a recognition of the inadequacy of the common law process to tame the uncertainty of common law doctrine. And while Cardozo attempted to reconcile the two with a grossly underdeveloped theory suggesting that the certainty of the common law would invigorate the judicial process, that theory has seen little validation not just since, but in the very opinions that Cardozo wrote
Social Parenthood in Comparative Perspective
No full textPart of the Families, Law, and Society series.
What makes a person a parent? Around the world, same-sex couples are raising children; parents are separating and re-partnering, creating blended families; and children are living with grandparents, family friends, and other caregivers. In these situations, there is often an adult who acts like a parent but who is unconnected to the child through biogenetics, marriage, or adoption — the common paths for establishing legal parenthood. In many countries, this person is called a “social parent.” Psychologically, and especially from a child’s point of view, a social parent is a parent. But the legal status of a social parent is hotly debated.
Social Parenthood in Comparative Perspective considers how the law does — and how it should — recognize social parenthood. The book begins with a psychological account of social parenthood, establishing the importance of a relationship between a child and a social parent and the harms of not protecting this relationship. It then turns to social scientists to identify and explore some circumstances when a child may have a social parent. And to compare legal responses to social parenthood, the book draws on the expertise of legal scholars in nine countries in North America and Europe. The legal contributors describe the existing laws governing social parents, critique their efficacy, and offer new insights. Though almost all of the countries analyzed have adapted to the new reality of family life by recognizing social parents in some manner, the nature and extent of the recognition varies widely. The volume concludes by discussing some of the issues flowing from the decision to recognize social parents, including whether social parents should have the same legal rights and responsibilities as other legal parents, whether all social parents must be treated identically, whether the law should limit a child to two parents, and much more. Families are changing, and the law must adapt accordingly. Social Parenthood in Comparative Perspective charts a way forward by offering solutions to help policymakers consider options for addressing social parenthood.https://scholarship.law.columbia.edu/books/1356/thumbnail.jp
Transnational Insights for Climate Litigation at the European Court of Human Rights: A South-North Perspective in Pursuit of Climate Justice
Get PDFThe global climate crisis is increasingly recognised as an issue of climate injustice, including because it is causing (and worsening) inequalities and human rights violations. Moreover, responsibility for emissions and vulnerability to climate impacts are not evenly distributed. They vary among and within states. In order to tackle these issues of justice both within and among states, litigants have taken to domestic and regional courts to engage in climate litigation. A body of transnational climate jurisprudence is emerging in which courts are increasingly looking to laws beyond their relevant state or region, engaging with the moral aims of human rights law, and solidifying international climate commitments. In adjudicating climate cases, courts have become important sites of climate justice. The European Court of Human Rights (ECtHR) is currently adjudicating several important climate cases and could become a key player in responding to the climate crisis. From the point of departure that in a time of climate crisis courts have a crucial role to play in advancing climate justice, we conceptualise climate (in)justice and its significance in climate adjudication. Then, we examine how, in addressing questions of standing and transboundary harm, looking beyond the European Convention on Human Rights legal regime to the Global South (South Africa and the Inter-American System of Human Rights, respectively) could offer valuable transnational insights as the ECtHR adjudicates climate cases. In doing so we hope to contribute to the ongoing transnationalisation of climate jurisprudence