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Brítez Arce v. Argentina
No full textThis case is about the death of a pregnant woman due to obstetric violence, a form of gender-based violence that includes abusive, negligent, dehumanizing, or disrespectful treatment of pregnant women. The Court found Argentina in violation of several articles of the American Convention, including Article 26
Deploying Blockchain Technology in the Copyright Office
No full textFrom cryptocurrencies to non-fungible tokens, blockchain technology has been widely discussed among policymakers, commentators and mainstream media. Although the discussion of cryptoassets has slowed down in the past three years, blockchain technology remains important and has the potential to revolutionize the operation of the intellectual property system—the copyright system, in particular.This chapter explores the possibility for copyright offices to harness blockchain technology to improve their operation and to advance the future development of the copyright system at both the domestic and international levels. It begins by identifying the benefits provided by blockchain technology. It further discusses the challenges posed by greater deployment of this technology in copyright offices. This chapter then identifies the different policy or technological choices confronting these offices. It concludes by providing suggestions on how to advance development and discussion of this emerging technology
2024 Sports Law Symposium
No full textAPRIL 4-5, 2024https://digitalcommons.nyls.edu/student_organizations/1006/thumbnail.jp
Cardozo Law News Brief: September 20, 2024
No full textFeatured Faculty: Michael Pollack Luis Carlos Calderon Gomez Young Ran (Christine) Kim Michel Rosenfeld Anthony Sebok Edward Zelinsky
Campus News: Immigration Justice Clinic Releases New Report that Exposes Failures of Immigration and Customs Enforcement to Provide Language Access to Detainee
The Rise, Fall, and Rise of Cyber Civil Libertarianism
No full textUsing sexual speech as its focal point, this essay explores the ambiguous legacy of cyber civil liberties and the ascent of alternative paradigms for digital freedom. From its inception, cyberlaw was characterized by a moral panic over sexual speech, pornography, and the protection of children familiar to First Amendment scholars. Important civil libertarian victories recognized that sexual speech and pornography were constitutionally protected from state intervention. The civil libertarian paradigm saw government regulation as the primary threat to free speech online, the marketplace as the more appropriate mechanism for regulating expression, and courts as the rightful arbiters of these disputes.But while civil libertarians successfully rolled back much regulatory intervention to enforce moral codes online, their successes came at a price: the legitimation of private power over speech. Though the civil libertarian tradition would theoretically protect sexual speech, it has in practice shifted the locus of power over speech from public to private hands. The result is a form of “market” ordering that is nominally private but that, in fact, reflects the entrenched power and influence of conservative cultural politics. In turn, this burgeoning private authority has prompted both political and cultural realignments (the “techlash”) and a broader turning away from the civil libertarian approach to speech. Amid attacks on women’s health, privacy, equality, and autonomy, it is tempting to look to online platforms as guardians of these values and defenders of First Amendment traditions. Yet platforms have been—and continue to be—ambivalent defenders of sexual speech. Today, private speech enforcement is far broader than what the state could accomplish through direct regulation. But in a moment of challenge to sexual freedom and equality, cyber civil libertarianism might—with renewed attention to private power—yet find another foothold
How Did Corporations Get Stuck in Politics and Can They Escape?
No full textCorporations have always been involved in politics, but today is different. They are publicly taking positions, either directly or indirectly, on contested political and social issues unrelated to their businesses. In contrast to the conventional wisdom, we argue that this practice, which we term “corporate political posturing,” is problematic. First, it is of dubious value to the corporation and its stakeholders. Corporate political posturing often backfires, it does so unpredictably and potentially catastrophically, and it is particularly susceptible to agency costs. Second, it is harmful to society. The fundamental problem is that corporations are institutionally ill-equipped to take center stage in policy debates. They are inherently self-interested economic actors with goals that often conflict with those of society. This manifests in statements that tend to polarize rather than enlighten and actions that undermine the positions that they back publicly. We surmise that corporations themselves are ambivalent about taking policy positions but are caught in a feedback loop in which customers, employees, and investors demand political involvement. Corporations thus engage in response to competitive pressure, which normalizes the conduct and leads to escalating expectations for further engagement. We see several ways to break this cycle. One possibility, which we consider and reject, is to subject political posturing to distinctive governance rules. A second option is voluntary disarmament. Borrowing from the Business Roundtable Statement on Corporate Purpose, we suggest that corporations could voluntarily and publicly commit to refrain from political posturing. A third option is for corporations to provide greater transparency, either voluntarily or in response to regulatory requirements. If corporations disclosed the extent to which their actions were consistent with their public positions, we predict that fewer corporations would engage in posturing and those that do would back their statements with conduct that matches
Washington Construction Law Manual, 2d (Vol. 33, Washington Practice Series)
No full textFrom contractor business formation and entering into contracts to delay, damage, and defect claims, Washington Construction Law Manual guides you through all aspects of the Washington construction process. It offers substantial direction on handling construction delay and change orders, so practitioners can effectively advise their clients. This manual includes: Sample documents and forms for transactions and litigation A major overview of Washington construction law that helps you find cases and statuteshttps://scholarship.stu.edu/faculty_books/1035/thumbnail.jp
Policing the Strait: How China’s Policing of the Taiwan Strait Violates the U.N. Convention on the Law of the Sea
No full textAs tensions continue to grow across the Taiwan Strait, China is using domestic maritime law to justify an expansion of police power in the international waters of the Taiwan Strait in violation of international law. This Comment will argue that the People’s Republic of China has violated the UN Convention on the Law of the Sea (“UNCLOS”) by implementing non-resource-related police power in waters meant only for resource exploration and management. In comparing the language of China’s domestic maritime law with that of UNCLOS, this Comment will show that the People’s Republic of China has used domestic law to reinterpret and obfuscate its obligations under UNCLOS. As a result, the freedom of navigation granted by UNCLOS to all States has been restricted by China’s policing. To prevent China from using its domestic law to assert increasing control over the Strait, the Tribunal of the Law of the Sea should issue an advisory opinion clarifying the purpose of Exclusive Economic Zones and denouncing China’s noncompliance with UNCLOS. Additionally, foreign States should continue to exercise freedom of navigation through the Taiwan Strait and push China to limit its police activity of the Strait