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Navigating Section Three from Griffin’s Case to the Case of Couy Griffin: Who Should Decide Its Longstanding Questions?
No full textSection Three of the Fourteenth Amendment was a long-dormant constitutional provision enacted to bar former Confederates from political office. Then, as a result of the shocking political violence at the United States Capitol on January 6, 2021, Section Three suddenly found itself resurrected into the national political discussion. Scholars and courts are now grappling with Section Three’s original meaning and modern application to those politicians and office holders whose conduct led to the events on January 6 — events that interrupted the peaceful transfer of power and left a stain on the United States’ democratic tradition.
Yet, use of Section Three to disqualify or remove elected officers has its own implications on democracy. Democratic ideals presuppose that individuals have the right to vote for candidates of their choosing. Can formalistic application of constitutional requirements for office burden that right? The United States’ constitutional structure contains a democracy restrained within a framework of rules and limits. This is well understood. But when there are questions about those constitutional rules — such as whether candidates are disqualified under Section Three — how does the system find answers? The states, courts, legislative bodies, and individual voters all must play diverse roles in deciding our rules of democracy
Long Overdue: The Need for an Examination of the Specter of Racial Bias in the Federal Death Penalty System
No full textThe specter of racial bias in the federal government\u27s administration of the death penalty over the past thirty-five years has been long apparent yet insufficiently scrutinized. Scholars have studied the racially disparate application of capital punishment at the state level and linked those disparities to a history of racialized violence. The federal death penalty, especially with regard to the impact of race, however, remains largely unexamined. It is time to bridge this gap in the research on racial bias in the criminal justice system and in the implementation of the federal death penalty specifically. There are, as this Article sets forth, troubling indicia of the continuing influence of race in the federal death penalty system that require further investigation. These include entrenched racial disparities in its current application, policies and practices adopted by federal officials that reinforce the disparities, and emerging evidence of racial bias in the historical development of the federal death penalty in the wake of the Civil War. This Article calls for an in-depth-and long overdue-examination of the issue
February 2024 Annual Report
No full texthttps://larc.cardozo.yu.edu/perlmutter-center-reports/1001/thumbnail.jp
Deals in the Heartland: Renewable Energy Projects, Local Resistance, and How Law Can Help
No full textThis Article offers proposals for better engagements, relationships, and deals with local communities contemplating wind farms. Because the rapid expansion of wind energy to date has exhausted the first-mover rural communities, the promise of wind energy depends on reluctant rural communities that may require the legal, relational, and policy innovations proposed herein if they are to grant their consent to future wind farms and participate in the renewable energy transformation. The proposals herein are the result of empirical research exploring how occupants of rural spaces have reacted to wind developer’s strategies in their communities and how local communities have employed legal mechanisms to welcome—or, more often, reject— wind farms in their home counties. While the field work informing this Article was based in Indiana, our findings have broad applicability
Contractual Remedies in Mergers: Lessons from Crispo v. Musk
No full textThe Delaware Chancery Court recently restricted a merger target\u27s ability to recover damages on behalf of its shareholders from a breaching buyer. This paper investigates the impact of the decision. First, we present a theoretical analysis to generate empirical predictions. Second, we show that the decision led to a decrease in the firm value of targets in mergers governed by Delaware law. Third, we hand-collect relevant provisions from merger agreements and find that the agreements governed by Delaware law increasingly include target-friendly non-price terms after the decision. We also present evidence suggesting deal price responds to the inclusion of novel non-price terms. Overall, the paper demonstrates how remedy provisions play an important role in merger transactions and how contracting parties respond to an exogenous change in deals jurisprudence
New Edelman ’82 and Townley (BLS ’91) Scholarship Supports Labor and Employment Law Careers
No full texthttps://digitalcommons.nyls.edu/community_news/1099/thumbnail.jp
In a Broken Dream: Lessons from the Rise and Demise of the Self-Declared Caliphate of the Islamic State in Syria and Iraq
No full textStop the Boats: Prime Minister Sunak and the UK’s Assertion of National Sovereignty
No full textThe British Parliament is in the process of voting on the Safety of Rwanda (Asylum and Immigration) Bill, that would send asylum seekers who arrive in Britain to Rwanda, a country in East Africa. This change would indicate a further distancing of the United Kingdom (UK) from the European Union (EU) and international law. That said, when viewed in the context of the UK’s support for Ukraine, one can instead see an evolving view of individual national sovereignty.
This post was originally published on the Cardozo International & Comparative Law Review on March 4, 2024. The original post can be accessed via the Archived Link button above
Global Guidance for Just Transition Policy
No full textIn 2015, the International Labour Organization (ILO) adopted Guidelines for a Just Transition Towards Environmentally Sustainable Economies and Societies for All, providing authoritative and valuable international guidance for just transitions. CCSI has conducted a comparative analysis of the application of the ILO Guidelines in South Africa and Germany and examined the extent to which the ILO Guidelines address energy transition challenges facing developing countries.
The CCSI report, Global Guidance for Just Transition Policy, provides detailed context on South Africa’s and Germany’s national socio-political and energy conditions and policies, and comprehensively examines the legal and policy instruments adopted by both countries — the Just Transition Framework in South Africa and the Coal Exit Laws in Germany — and their application of the ILO Guidelines. Both countries historically relied on domestic coal production and are forerunners in national-level just transition policymaking in their respective regions