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Constitutional Court of Indonesia, Indonesian Human Rights Commission, Electoral Commission, Election Supervisory Committee, and Center for Constitutional Studies (PUSaKO) in Jakarta and Padang, Indonesia
No full textGray Whitsett [1L] will work with Andalas University Faculty of Law\u27s Center for Constitutional Studies in Padang, Indonesia, researching how the relationship between the Indonesian Constitution and Presidency impacts the national Electoral Commission. During the second half of the summer, he will work in the Chambers of a justice on the Indonesian Constitutional Court in Jakarta, assisting with judicial oversight and review of the Indonesian executive branch
International Institute for Democracy and Electoral Assistance\u27s Constitution Building Processes Programme in The Hague, Netherlands
No full textWill McCabe [1L] will intern with the International Institute for Democracy and Electoral Assistance’s Constitution Building Processes Programme at The Hague. He will research issues relating to constitutional processes and help prepare in-country assistance activities for nations undergoing constitutional change
The Constitutional Right to Carry Firearms on Campus
Get PDFDo individuals have the fundamental right under the Second Amendment to carry firearms on the campus of a public university? Additionally, can a public university totally ban firearms on its campus without impeding on the constitutional right to keep and bear arms protected by the Second Amendment? This Note will argue that individuals have a narrow, but constitutionally guaranteed, right to carry firearms on the campus of a public university. Therefore, it is beyond the power of states and public universities to totally ban firearms from campus premises
Why Comparability is a Greater Problem than Greenwashing in ESG ETFS
Get PDFThis Article argues that comparability in environmental, social, and governance (ESG) exchange traded funds (ETFs) is a much greater problem than greenwashing. Rising demand for sustainable investment products in recent years has been met with an explosion in ESG ETF varieties, and numerous ESG-themed funds have captured massive capital inflows. There is little evidence, however, that deceptive “greenwashing” is widespread in ETFs. ETF issuers face significant reputational costs from such behavior, and there are effectively no consumer switching costs for hyperliquid, easily accessible ETFs. While nondeceptive practices of asset managers are observable in the zero-sum, highly competitive, asset management game of capturing new ESG-directed capital flows, the subjectivity that ETF issuers use to integrate ESG considerations into the composition of underlying ETF holdings is so disparate that investors face tremendous information acquisition and synthesis costs, and difficulty comparing products. This dilemma grows as product choice expands. ESG ETFs also create unique issuer and commercial index provider conflicts. An investor focused regulatory framework for ESG ETFs would aid comparability, standardization, and consistent product marketing presentation. To this end, this Article builds on the author’s prior work on comparative complexity in ETFs by advancing three immediate measures to improve comparability and facilitate more efficient capital allocation in ESG ETF varieties: first, require justification of a fund’s usage of ESG terminology in its name through specific ETF disclosures; second, standardize ESG measurement metrics; and third, mandate uniform information presentation layouts on ETF issuer websites
Neuroscience, Criminal Sentencing, and Human Rights
Get PDFThis Article discusses ways in which neuroscience should inform criminal sentencing in the future. Specifically, it compares the ethical permissibility of traditional forms of punishment, such as incarceration, on the one hand, and rehabilitative “neurointerventions” on the other. Rehabilitative neurointerventions are interventions that aim directly to modify brain activity in order to reduce reoffending. Various jurisdictions are already using techniques that could be classed as neurointerventions, and research suggests that, potentially, an even wider range of rehabilitative neurointerventions may be developed. This Article examines the role of human rights (in particular, the moral right to mental integrity and the legal right against degrading treatment) as a constraint on the state’s use of neurointerventions. It also discusses the extent to which traditional forms of punishment, such as incarceration, interfere with the right to mental integrity
Rules of Regularity: An Empirical Quest for Commercial Certainty in Arbitration
Get PDFThe U.S. Supreme Court justifies the broad enforceability of arbitration agreements with the notion that arbitration expands parties\u27 autonomy to contract for an efficient alternative to court proceedings. Unfortunately, the current practice of both domestic and cross-border commercial arbitration does not fully live up to these expectations. It is crucial to both autonomy and efficiency theories of contract law that adjudicatory decision-making is predictable so parties can tailor their contracts accordingly. However, commercial arbitration\u27s prevailing culture of confidentiality and lack of stare decisis diminishes commercial certainty. To bring the reality of commercial arbitration closer to the Supreme Court\u27s reasoning, this Article proposes a method of empirical legal research that helps uncover patterns of arbitral decision-making and articulate arbitration\u27s rules of regularity. It also offers a proof of concept by presenting an original quantitative text analysis of unpublished arbitral awards from the International Court of Arbitration, which focuses on the arbitral assessment of compensatory damages in breach-of-contract disputes. That study uncovers three substantive and procedural rules of regularity, which future transactors can accept or contract around when negotiating damages and arbitration clauses
Ending School Brutality
Get PDFChildren, especially Black children, are killed, traumatized, injured, and terrorized through assaults, solitary confinement, inappropriate handcuffing, and other excessive applications of physical force upon children in public schools. The state employees enacting such maltreatment are not just police. They are mainly teachers, principals, and security guards, and they are given authorization by law for purposes of “educating,” “disciplining,” and “maintaining order” in public schools. Scientific research does not support the use of physical force to improve behavior, however. This Article describes the problem of school brutality, the excessive, unwarranted, and traumatizing use of physical force by state employees upon students. By traumatizing children, school brutality can cause lasting and disabling developmental and educational harm. School brutality is facilitated by multiple legal structures, including a tort law privilege rooted in colonial times; an inconsistent patchwork of state laws permitting seclusion, restraint, and corporal punishment; qualified immunity; lack of regulation of police officers’ actions in schools; federal funding for regular police presence in public schools; and lack of enforcement and review of reporting on school brutality. Substantive due process rights under the Fourteenth Amendment, originally framed to protect adult criminal suspects, are inadequate for children. Unless state employees become less shielded from civil and criminal actions that seek to hold them accountable for school brutality, new private rights of action are needed. State and federal legislators can save lives and support educational achievement by ending the legalization of school brutality
Taking the Second Step: Section 924(C) Sentencing Disparities as an Extraordinary and Compelling Reason for Compassionate Release
Get PDFThis Note argues that courts are empowered to, and should, grant compassionate release based solely on the sentencing disparities created by the First Step Act -- specifically, the significant changes to § 924(c)\u27s sentencing scheme. [...] Part I of this Note provides background on the two relevant sections of the First Step Act: changes to the compassionate release process and changes to the § 924(c) sentencing scheme. Part II examines recent district court opinions addressing § 924(c) sentencing disparities as extraordinary and compelling reasons for reduced sentences. Part III argues that courts are empowered to grant compassionate release to inmates convicted of multiple § 924(c) charges under the old sentencing scheme because of the sentencing disparities the First Step Act created. Finally, the Note concludes by urging courts to take the second step Congress was unwilling to take itself. This abstract has been adapted from the author\u27s introduction
What the Lawyer Well-Being Movement Could Learn from the Americans with Disabilities Act
Get PDFPerhaps the central theme in all of the lawyer well-being literature is the profession\u27s need to create a culture in which lawyers are proactive about taking care of themselves. This necessarily involves reducing some of the stigma associated with mental health issues so that lawyers feel comfortable to seek help when needed and to otherwise be mindful of their own well-being. The trick, obviously, is adopting an approach that meaningfully addresses the problems of mental health issues within the profession without further stigmatizing mental health issues more generally. This Article argues that despite its admirable efforts, the legal profession has generally fallen short of this goal. Whether in formal ethics opinions dealing with the issue of lawyers with disabilities or reports such as the National Task Force\u27s The Path to Lawyer Well-Being, the lawyer well-being movement has sometimes perpetuated harmful stereotypes concerning disability. This Article suggests that in order to effectively improve lawyer well-being, the organized bar should look more carefully at the text of the Americans with Disabilities Act (ADA), as well as the policies that underlie it. This abstract has been adapted from the author\u27s introduction