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Supreme Judicial Commission of the Central Tibetan Authority in Dharamsala, India
No full textThis summer, I will assist the Supreme Judicial Commission of the Central Tibetan Authority, which serves as the Tibetan government in exile, with the finalization of its first Evidence Code. The Code, which is based on the US Federal Evidence Code and the Evidence Code of India, will be used during all hearings and matters before Local and Circuit Commissions, as well as the Supreme Justice Commission, including when the SJC resolves interpretations of the Charter of the Tibetan Community in Exile
Open Development Mekong in Phnom Penh, Cambodia & Yangon, Myanmar
No full textThis summer, I will work to support transparent data sharing on economic development in countries surrounding the Mekong River. I will map foreign investment and research legal frameworks that foster foreign investment. I will also develop written analyses and data sets that identify priority sectors in foreign investment, competing interests, geopolitical drivers, and bilateral trade agreements that impact the development of Cambodian society
International Institute for Democracy and Electoral Assistance\u27s Constitution Building Processes Programme in The Hague, Netherlands
No full textThis summer, I will conduct comparative research of constitutional transitions in post-conflict countries, analyzing processes and designs of constitutions with a focus on national contexts
Siting Wind Energy Projects in Virginia: Recommendations for Addressing National Security Concerns through State Permitting Processes
Get PDFThis white paper first explains the federal and state wind energy siting approval processes and the military’s current involvement in those processes. In particular, the paper focuses on permit-issuing agencies as opposed to policy-making agencies. Parts I and II outline the federal and state permitting process, respectively. In Part III, the paper discusses the military’s concerns regarding wind energy siting. Part IV moves to the current status of Virginia’s onshore and offshore wind industries. Part V analyzes two case studies: Block Island Wind Farm in Rhode Island and the Pantego Wind Energy Facility in North Carolina. Finally, Part VI synthesizes recommendations to better incorporate Department of Defense (DoD) input into offshore and onshore wind energy siting decisions in the Commonwealth.
This abstract has been taken from the authors\u27 introduction
We Have to Tell Them What?: The New Corporate Transparency Act and Forming Business Entities in Massachusetts
Get PDFThe details and requirements of business entity formation have traditionally been the sole province of state law. Most states, like Massachusetts, maintain corporate annual report filing requirements that involve the public disclosure of corporate officers and directors, and some impose similar requirements for LLCs or other business entities. Those requirements focus on active managers of the entities, not information about the beneficial ownership of entities formed under their laws. However, the recently enacted federal Corporate Transparency Act (CTA) will fundamentally change entity disclosure.
By January 1, 2022, the Treasury Department will be promulgating regulations that will require every state filing creating a new business entity to be accompanied by a simultaneous transmission into a new federal database of the full name, street address, and an identification number of certain beneficial owners and of the applicant who forms the entity, who may be the attorney who handles the filing. Existing entities will have longer to comply, but will eventually be subject to similar disclosure
The Protection of Free Choice and the Right to Passivity: Applying the Privilege Against Self-Incrimination to Physical Examinations and Documents\u27 Submission
Get PDFThis Article addresses the question of whether the privilege against selfincrimination should cover physical examinations as well as the obligation to submit documents. This question requires a serious examination of the justifications underlying the privilege against self-incrimination and is of particular relevance in the current age of technological progress that expands the powers assigned to law enforcement agencies to access knowledge and thoughts stored in individuals’ minds. After addressing the comparative law regarding the applicability of the privilege against selfincrimination to physical examinations and to the obligation to submit documents and discussing key justifications for the privilege against self-incrimination, dividing them into epistemic and non-epistemic, and examining in that light whether there is a valid distinction between compelled speech and compelled physical examinations and documents’ submission, the Article concludes that extending the privilege against self-incrimination to physical examinations and to the obligation to submit documents is necessary to protect accused persons’ free will to choose their defense strategy given the burden imposed on the state to prove guilt as a condition for securing convictions
The Morality of Fiduciary Law
Get PDFRecent work of fiduciary theory has provided conceptual synthesis requisite to understanding core fiduciary principles and the structure of fiduciary liability. However, normative questions have received only sporadic attention. What values animate fiduciary law? How does, or should, fiduciary law prove responsive to them?
While in other areas of private law theory—notably, tort theory— pioneering scholars went directly at normative questions like these, fiduciary theory has been exceptional in the reticence shown toward them. The reticence is sensible. Fiduciary principles are the product of equity’s most extended and convoluted program of supplementing surrounding law. They span several distinct forms of relationship arising in markedly different settings.
In this Article, I develop a framework for analyzing the morality of fiduciary law. The framework accomplishes four things. First, it situates questions about the morality of fiduciary law within the context of the general jurisprudential literature on the nature of law and its normativity. Second, it explains the sense in which fiduciary law is normatively complex by virtue of being structurally biplanar, with general equitable principles (duty-imposing rules) overlain upon legal and equitable principles (including, notably, power-conferring rules) that define and enable legal forms of relationship characterized as fiduciary in equity. Third, it distinguishes the general morality of fiduciary duties from the special morality of fiduciary relationship types. Fourth, and finally, it provides an overview of loci of value in fiduciary relationships, canvassing considerations of general and special morality that give salience to the interests of parties, third parties, and the public in rules that enable and constrain the performance of fiduciary mandates
Necrophilia: A New Social-Harm Taxonomy of U.S. Laws
Get PDFDespite five decades marked by progressive rape law reform...there has been little significant change in the rate of rape crimes. In fact, 2018 marked the sixth successive year in which the rate of rapes rose. In rape trials, prosecutors and defense attorneys struggle with the notion of consent. What does consent look like? That is, how do we know when sex happens with the participants’ mutual willingness, free from undue coercion?
It is against this backdrop that I began my research on necrophilia. Following Catharine MacKinnon’s criticism of the now-prevailing consent model of rape law, I began to wonder what the line actually was between access to a dead woman’s passive body and a passive woman’s consent. My initial instinct was that necrophilia laws, which I understood to be housed in the general category of sexual offenses, would provide some insight. Surely the question of consent when it comes to the sexual violation of a dead person would provide a straightforward answer. The result of this speculation is the following Article on the social harms of necrophilia
Executive Unilateralism and Individual Rights in a Federalist System
Get PDFPresidents have a wide array of tools at their disposal to unilaterally influence public policy, without the direct approval of Congress or the courts. These unilateral actions have the potential to affect a variety of individual rights, either profitably or adversely. Governors too can employ unilateral directives for similar purposes, often impacting an even wider range of rights. In this Article, we collect all executive orders and memoranda related to individual rights issued between 1981 and 2018 at the federal level, and across the U.S. states, to analyze their use over time. We find that chief executives of all kinds are more likely to issue unilateral directives that expand individual rights if they are Democratic or liberal and when there is a public appetite for rights advancement. Furthermore, governors issue more rights-related directives when they view Presidents as likely to be restrictive or inactive on individual rights