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The Bitter Ironies of \u3cem\u3eWilliams v. Walker-Thomas Furniture Co.\u3c/em\u3e in the First Year Law School Curriculum
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Addressing Root Causes: The Need for Ex-Ante Regulation in Business and Human Rights
Full text linkWith the rise of mandatory human rights due diligence (HRDD) laws across various jurisdictions, governments are turning to regulatory tools to tackle the transnational challenges of business and human rights. Yet, the dominant focus on an ex-post standard such as mandatory HRDD may not adequately address the root causes of rights abuses in commercial activities. The individualized ex-post enforcement model which underpins HRDD has limited potential to address the systemic infrastructure of exploitative business practices. The upstream purchasing and contracting practices which lead to human rights violations in supply chains are overlooked, and even reinforced, in such a model. Without dispelling the importance of HRDD in charting a path of progress and corporate accountability, this Article critically evaluates its weaknesses in light of the risk that the status quo of exploitative business models may be preserved even as due diligence laws are ushered forward. To counter this ex-post tendency, this Article examines whether proactive ex-ante mechanisms can fill the gaps where HRDD has fissured and cracked. From both a normative perspective and by drawing upon existing debates between ex-ante and ex-post enforcement (or rules versus standards), this Article makes the case for lawmakers to embrace a smart mix of both and presents some options for implementation. The aim is not to pause the current impetus in legislative efforts—instead, it is to capture this momentum and highlight avenues through which domestic policymakers can take a prophylactic approach for prevention, accountability and remedy in business and human rights
Festschrift Symposium: Honoring Professor Sam Pillsbury
Full text linkThe Loyola of Los Angeles Law Review is pleased to publish this Festschrift Symposium Honoring Professor Samuel Pillsbury. The following is an edited transcript of the live symposium held at LMU Loyola Law School on Friday, March 25, 2022
Breast Ironing: Analyzing the Rights of the Girl-Child in the Context of Cameroon’s Obligation Under International Human Rights Law
Full text linkAmong the various forms of sexual violence perpetrated against the girl-child, breast ironing remains largely obscured due to its underreporting. Yet thousands of girls, especially in Sub-Saharan Africa where it is most prevalent, continue to suffer in silence. These girls are not just exposed to the immediate violence of this act, but they also carry the scar of this human rights violation for life. With the scholarly focus on the practice rather scant, the necessary legal response has also been checkmated. The goal of this article is to bring international focus to this problem by examining the practice in the context of Cameroon, where it is most endemic. It highlights the impact of the practice on the life and rights of the girl-child and examines the extent to which the lack of legislation against this practice has allowed it to flourish. The Article concludes by prescribing a series of recommendations, which should shape states’ responses going forward
Open Access without Open Access Values: The State of Free and Open Access to Law Reviews
Full text linkThis study examines 648 currently published law journals to determine the amount of freely available content and whether the journals have adopted open access behaviors. Although most of the journals have volumes available online for free, the usual hallmarks of open access, including open licenses and clear reuse policies, are absent
Guide to Bill of Attainder Clauses in Article I, sections 9 and 10
Full text linkThese are commentaries on the Bill of Attainder Clauses in Article I, sections 9 and 10. Each is 2000 words long. They are forthcoming in the 3d edition of Heritage Guide to the Constitution. Topics covered include the history of English bills of attainder, the meaning of bill, notorious, attainder, and other key terms, bills of attainder passed against loyalists during the American revolution, the Josiah Philips case, the legislative history of the clauses in the Philadelphia Convention, early Supreme Court decisions involving bills of attainder, and the modern doctrine. Inline citations and a short bibliography are included. The author has written several earlier studies of English and American bills of attainder.https://digitalcommons.law.buffalo.edu/book_sections/1431/thumbnail.jp
Scholarly Communications Resources
Full text linkA short bibliography of introductory readings on scholarly communications, tailored for law librarians interested in learning about scholarly communications work. Created for The Developing Landscape of Scholarly Communications in Law Schools, presented at CALIcon 2023 by Christine Anne George, Benjamin Carlson, and John Beatty
