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The Three Faces of the Indian State
No full textFor more than seven decades, India’s Constitution has provided a framework for liberal democracy to flourish in one of the world’s most diverse societies. Legal changes and shifts in bureaucratic practices, however, have undermined central tenets of the prevailing order. In today’s India, the assent of the people is both necessary and sufficient to justify all forms of state action. This article outlines three manifestations of India’s new constitutionalism — the “ethnic state,” the “absolute state,” and the “opaque state.” These distinct, yet overlapping faces of the Indian state have undermined the rule of law, equal citizenship, checks and balances, and democratic accountability
Permitting Seaweed Cultivation for Carbon Sequestration in California: Barriers and Recommendations
Get PDFInterest is growing in seaweed cultivation and sequestration as a carbon dioxide removal strategy. This white paper explores the barriers to seaweed permitting for carbon sequestration in California, including a complex, costly, and time-consuming lease and permitting process. Other states in the U.S., namely Maine and Alaska, have permitting systems designed to be more supportive of seaweed cultivation. This paper describes the legal framework for seaweed cultivation permitting in California and discusses the permitting systems in Maine and Alaska. The paper then explores possible reforms to streamline California’s permitting process, while maintaining appropriate environmental and other safeguards
Cases and Materials on Corporations
No full textWith this edition, we have made a determined effort to shrink our size without reducing our coverage. New material however has been added in all chapters. A description of some of the new material follows. In Chapter I, recognizing that issues of race have dominated the headlines and political discourse, we examine recent efforts to increase racial and gender diversity on corporate boards. We also briefly review the Public Benefit Corporation, which is a new creature that is a hybrid of a profit-making corporation and a not-for-profit entity. We also return to this new actor on the corporate stage in connection with corporate acquisitions in Chapter IX. New to Chapter II\u27s introduction to the basic management structure of corporations, is a focus on cases in which directors have failed to monitor a critical risk. Recent cases suggest a broadening of this claim. Chapter III continues our commitment to survey the financial economics associated with valuing corporations. Because parties create corporations to the end of creating value, We provide a framework for doing so and the role of law in accomplishing it. With respect to non-publicly held entities, Chapter VII surveys the series of legislative authorizations for new types of vehicles that emphasize contract, including the highly successful limited liability company. Chapter IX takes up the most controversial area of corporate law over the last 30 some years governing friendly and unfriendly acquisitions. In doing so, it tracks the unique experience of Delaware over this period and the continuing dialogue between the Delaware Chancery Court and the Delaware Supreme Court about the allocation of authority between the board of directors and shareholders. A list of the updating of other chapters is too long to describe here, but is accomplished, we hope, by successfully managing managing the incorporation of new material reflecting the speed with which corporate law and financial markets are evolving and a tight focus on what is new and what no longer requires as much attention.https://scholarship.law.columbia.edu/books/1331/thumbnail.jp
A Theory of Constitutional Norms
Get PDFThe political convulsions of the past decade have fueled acute interest in constitutional norms or “conventions.” Despite intense scholarly attention, existing accounts are incomplete and do not answer at least one or more of three major questions: (1) What must all constitutional norms do? (2) What makes them conventional? (3) And why are they constitutional?
This Article advances an original theory of constitutional norms that answers these questions. First, it defines them and explains their general character: they are normative, contingent, and arbitrary practices that implement constitutional text and principle. Most scholars have foregone examining how norms are conventional or have relegated them to coordinating behavior, like rules requiring drivers to stick to one side of the road. By contrast, this Article argues that constitutional norms are constitutive conventions, which concretize values into practices; they are akin to conventions of etiquette that concretize concepts like “politeness.” Constitutional norms implement abstract principles, like the separation of powers, or indeterminate text, such as “advice and consent,” into specific behavior and action.
By understanding constitutional norms as constitutive conventions, this Article explains norms’ salient features, basic functions, and relationship to the Constitution. Norms are normative because they command respect and allegiance; they are contingent because they depend on political, social, and intellectual conditions to emerge and endure; they are arbitrary because they represent one of many possible ways of realizing constitutional text and principle; and they are constitutional because the values they implement arise from the Constitution itself. This Article animates its theory through case studies of three constitutional norms: blue slips, the norm against court-packing, and executive noninterference in law enforcement. It concludes by questioning the use of historical practice in constitutional interpretation. It suggests that when scholars and judges draw on norms that are intrinsically contingent and arbitrary, they embed unstated normative assumptions about the past and how it should constrain the future
The WTO Dispute Settlement System: How, Why and Where?
No full textThis incisive book provides a comprehensive overview of the WTO dispute settlement practice from 1995 up until the present day, illustrating the need for it to be resurrected from its current state of crisis. The WTO Dispute Settlement System will prove an essential read for students and scholars of WTO law, as well as lawyers, political scientists and policy-oriented economists interested in the WTO dispute settlement system.https://scholarship.law.columbia.edu/books/1346/thumbnail.jp
Our Kind of People 5
No full texthttps://scholarship.law.columbia.edu/ross_smith_okop/1003/thumbnail.jp
Copyright, Creativity, Big Media and Cultural Value: Incorporating the Author
Get PDFCopyright, Creativity, Big Media and Cultural Value is a wide-ranging work of immense erudition and archival research, combining several historical studies of the ‘incorporation’ of the author in different sectors of the ‘creative industries’. The book’s subtitle, ‘Incorporating the Author’, astutely encompasses multiple meanings, whose implications the book works through. These include the author as an initiating participant in a larger economic structure (Chapter 3 (print publishing)). But also, the author as a bit player enveloped by a larger economic structure (Chapter 5 (film industry)). And the author (or performer) as an autonomous object of economic value (Chapters 6 (recording artists and industry) and 7 (contemporary creators of literature, music and art)), as Bowrey explores the evolution from copyright to brand.
The book offers ‘a business history of copyright’ whose ‘aim is to critically examine [through review of contracts and business correspondence] the role of authorship and its connection to copyright in the emergence of concentrated corporate control’. It also presents a contentious critique of international copyright: far from realising the humanistic universality to which copyright’s natural rights advocates aspire, international copyright instead enabled Britain to ‘throttle’ independent publishing in the Empire’s domains, Bowrey claims. International copyright ‘remains imperial by design’, and, Bowrey urges, when authors work with publishers to achieve copyright law reform, they are ‘helping sustain ongoing imperial power imbalances into the 21st century’
Panel: Climate Change and Climate Justice
Get PDFThis article is a transcript of a panel discussion from the 2022 Richmond Public Interest Law Review\u27s Symposium on Environmental Justice
Valid \u3cem\u3et\u3c/em\u3e-Ratio Inference for IV
Get PDFIn the single-IV model, researchers commonly rely on t-ratio-based inference, even though the literature has quantified its potentially severe large-sample distortions. Building on Stock and Yogo (2005), we introduce the tF critical value function, leading to a standard error adjustment that is a smooth function of the first-stage F-statistic. For one-quarter of specifications in 61 AER papers, corrected standard errors are at least 49 and 136 percent larger than conventional 2SLS standard errors at the 5 percent and 1 percent significance levels, respectively. tF confidence intervals have shorter expected length than those of Anderson and Rubin (1949), whenever both are bounded
International Bureaucracies: Extraterritorial Reach of the European Commission’s Legal Expertise
Get PDFThe EU exercises significant influence over global regulatory standards, whether as a result of its ability to unilaterally export its rules to foreign markets via market mechanisms – a phenomenon that I have elsewhere described as ‘the Brussels Effect’ – or by entrenching them globally through bilateral or multilateral negotiations. In all cases, the legal expertise of the Commission is central. It either pro-actively supplies its expertise to their foreign counterparts or responds to the demand to offer technical expertise to create a rule-based order that closely imitates the regulatory state in Europe. Companies also resort to the Commission as their preferred forum, relying on the legal expertise residing in Europe to resolve disputes originating far outside the borders of the EU. This contribution discusses the channels through which the EU’s legal expertise migrates to foreign markets, the political forces behind this migration, as well as the economic, political, and legal implications that the extraterritorial reach of EU’s legal expertise has. It shows how current crises both in the EU internal and external dimension have opened up new spaces for legal expertise to operate