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Economic Sanctions and Article V(2)(b) of the New York Convention: A Touchy Interaction Exacerbated by the Ukraine-Russia Conflict
Get PDFStates have deployed an unprecedented wave of unilateral sanctions in response to the Russian invasion of Ukraine. They have also escalated the political connotation of economic sanctions by aggressively implementing them extraterritorially. This exercise of lawfare, substituting economic sanctions for armed conflict, raises the question of whether to consider unilateral sanctions elements of public policy within the meaning of Article V(2)(b) of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. This article seeks to clarify the interplay between Article V(2)(b) and economic sanctions. Explaining the two different approaches that domestic courts implement worldwide, recent court decisions in Ukraine and Russia are analyzed to demonstrate that the once prevailing exclusion of economic sanctions from the purview of Article V(2)(b) in the name of transnational public policy is no longer tenable. A three-prong test is proposed to determine when Article V(2)(b) apply to economic sanctions, finding that public policy defense can only be successfully raised when: (1) the sanctions express a specific, ex-ante identifiable public policy; (2) the recognition and enforcement of the award touch and concern the public at large; and (3) recognizing and enforcing the award in the face of sanctions would shock the conscience of the court
Digital Coercive Control (DCC): The Role of Platforms in Victims’ (In)justice and Potential for Online Dispute Resolution
Get PDFDomestic violence (DV) is a form of gender-based violence characterized by acts of coercion whereby a perpetrator employs power and control to isolate, surveil, harass, and abuse a current or former intimate partner. The rise of and reliance on digital technologies, especially social networking sites, have intensified gender-based violence and methods of perpetuating DV. The term Digital Coercive Control (DCC) describes mechanisms perpetrators use to stalk, harass, and abuse current or former partners in cyberspace through technological platforms and their associated social media sites. The widespread expansion and power allocated to social networking sites and technology platforms has perpetuated the opportunity for furthering abuse. Not only has digital society fostered the speed and severity at which an individual can be harmed, but technology platforms’ business models often profit from such exploitation, imploring a need to effectively provide a legal remedy for victims now more than ever. This comment focuses specifically on technological corporations’ role in encouraging DCC and how these actors can provide justice. It seeks to understand (1) how contemporary technologies facilitate DCC, (2) how justice is defined and understood for victims of DCC, (3) why current formal and informal legal options fail to provide adequate remedies and, (4) how platforms, as the creators and distributors of digital services, can provide justice for DCC victims by engaging in a system of accountability
Great Books: Everyone\u27s Inheritance
Get PDFThis book explores the benefits of reading Great Books, and is virtually unique in detailing what a series of Great Books classes has looked like over the past decadeshttps://digitalcommons.pepperdine.edu/facultybooks/1070/thumbnail.jp
Flannery O\u27Connor\u27s Why Do the Heathen Rage? A Behind-the-Scenes Look at a Work in Progress
Get PDFIn this work of literary excavation, an award-winning author transcribes, compiles, and organizes a final unfinished novel by celebrated American fiction writer Flannery O\u27Connor. This book introduces O\u27Connor\u27s final work to the public for the first time and imagines themes and directions the novel might have takenhttps://digitalcommons.pepperdine.edu/facultybooks/1067/thumbnail.jp
Utilizing social media as an assistive technology tool for children with autism spectrum disorder
Get PDFThe number of children diagnosed with autism has continued to rise since 2000 at startling rates, leading to an increased need for schools to discover innovative ways to meet the unique learning needs of these students. Technology has proven to be adaptable and successful in teaching social skills to children with autism. Assistive technology and the continuing development of online platforms offer unique opportunities for children with special needs to access the general education curriculum. This combined with the increased usage of social media among school-aged children, make it a potential tool for learning. Understanding how social media can be used as a learning tool for Autism Spectrum Disorder (ASD) students is crucial in order to meet the needs of the growing ASD students in classrooms. This exploratory qualitative study examined the necessary considerations for schools when implementing social media as a learning tool in the classroom. Eight experts from the special education field were interviewed to gain knowledge from their experience working with students with autism in the classroom setting. These eight professionals were composed of special education teachers, school psychologists, assistive technology specialists, and Board Certified Behavior Analysts. Themes discussed by the experts focused on considerations for students, staff, budgets, safety, training, and technology. Thematic analysis resulted in four study conclusions. First, rapidly changing learning environments, especially during the pandemic, are forcing schools to innovate with virtual instructional tools. Second, lack of knowledge, training, and known practices impede integration of social media as an instructional tool. Third, there are increased safety risks for children with ASD with using social media as a learning tool and fourth, the adoption of social media as a learning tool needs stakeholder buy-in. Specific recommendations for schools include formally integrating technology into their learning programs, establishing best practices for teachers to use for implementation, formulating digital safety measures for students, and collaborating with parents to ensure beneficial utilization. Additional research around the safety of social media use for the autism population, adoption strategies for new and ever-changing technology in the classroom, technology use for the ASD population, and gathering of student and parent perspectives is recommended
