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ESG Challenges and Opportunities in North American Supply Chains: Human Rights, Financial and Natural Sector Dimensions
Get PDFOther Inhumane Acts of a Similar Character Intentionally Causing Great Suffering. Does Ecocide Fit Within the Bounds of Crimes Against Humanity?
Get PDFArticle 7(1)(k) of the Rome Statute includes “other inhumane acts of a similar character,” within the enumerated acts of Crimes Against Humanity. This Note examines whether certain acts of ecocide may be prosecuted by the ICC under this provision, proposes a definition for ecocide in a Crimes Against Humanity context, and analyzes whether Bolsonaro’s destruction of the Amazon as alleged by 2021 AllRise Complaint could be prosecuted in the ICC as a Crime Against Humanity
The Environmental Legacy of William O. Douglas
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An undeniable giant in the legal world, US Supreme Court Justice William O. Douglas’s enduring legacy was his advocacy for the environment, though he was also known for his landmark decisions in privacy, criminal law, and civil rights. He was the longest-serving justice from 1939-1975. His powerful role in the environmental movement is celebrated in Judge McKeown’s recent book, Citizen Justice: The Environmental Legacy of William O. Douglas—Public Advocate and Conservation Champion.
Justice Douglas emerged as a true citizen justice through his protests, lobbying, speeches and articles warning against environmental dangers like logging, highway construction, and pollution. Although his efforts were admired by conservation groups, they often raised ethical dilemmas among his colleagues at the Supreme Court.
Judge M. Margaret McKeown offers an insightful look at the lasting contributions that Justice Douglas made to both the physical environment and environmental law and how his work lives on today. She will also explore the politics and ethics of his advocacy work. Speaker Bio
M. Margaret McKeown has served almost twenty-five years as a judge on the US Court of Appeals for the Ninth Circuit. She is a member of the American Academy of Arts and Sciences, an affiliated scholar at the Center for the American West at Stanford University and jurist-in-residence at the University of San Diego School of Law. As a former White House Fellow, she served as special assistant at the White House and as special assistant to the Secretary of the Interior. A Wyoming native, she serves on the board of Teton Science Schools and was a member of the first American expedition to Mt. Shishapangma in Tibet.
Judge McKeown recently published Citizen Justice: The Environmental Legacy of William O. Douglas—Public Advocate and Conservation Champion (Potomac Press, 2022).
Judge McKeown graduated from Georgetown University Law Center and holds an honorary doctorate from Georgetown University. Before her appointment, she was the first woman partner at Perkins Coie in Seattle and Washington, D.C.
Judge McKeown is a member of the US Judicial Conference Committee on Judicial Conduct and Disability. She chairs the Ninth Circuit Workplace Environment Committee and is a member of the National Workplace Conduct Working Group. She is on the Council of the American Law Institute, the Judicial Advisory Board of the American Society of International Law, and the editorial board of Litigation magazine. She served as Chair of the ABA Commission on the 19th Amendment, past President of the Federal Judges Association and former chair of the US Judicial Conference Codes of Conduct Committee (ethics).
Judge McKeown is on the board of the World Justice Project and is immediate past chair of the ABA Rule of Law Initiative and a current special advisor. She has lectured throughout the world on international law, intellectual property, human rights, ethics and constitutional law and has participated in numerous rule of law initiatives with judges and lawyers.
Judge McKeown received the ABA Margaret Brent Women Lawyers of Achievement award, the ABA John Marshall Award, the Inns of Court Ninth Circuit Professionalism Award, the Washington Women Lawyers President’s Award and the Girl Scouts Cool Woman Award, among others
Fair and Just Decolonial Solutions: Application of the Washington Principles to the Context of Disputed Colonial Objects
Get PDFFrom Roe v. Wade to Dobbs v. Jackson – Between Women’s Rights Discourse and Obligations Discourse
Get PDFRecently, the U.S. Supreme Court published its decision in Dobbs v. Jackson Women’s Health Organization overturning the landmark abortion case, Roe v. Wade. In 1973, two groundbreaking abortion decisions were handed down by the same Court – Roe v. Wade and Doe v. Bolton – recognizing a woman’s fundamental constitutional right to obtain an abortion until fetal viability. The ensuring nationwide judiciary recognition of women’s basic rights was abruptly shaken by the Dobbs v. Jackson’s ruling that “the Constitution does not confer a right to abortion.” Dobbs’ reversal of these prior cases has created a legal, political, and public upheaval. Indeed, the element of the human rights discourse in the context of the abortion debate has been among the most prevalent, dominant, and polarizing in the modern era. Concomitantly, recent decades have witnessed a strengthening of the obligations, commitments, and responsibilities discourses, particularly in family law, including the issue of the parent-child relationship. The aim of this article is to reconsider the interface of the abortion and the point of view of these new discourses, which have been notably missing in the entirely of the modern discussion of the abortion debate, in the context of the Dobbs v. Jackson decision. We seek to bridge the current lacuna between these new discourses and the context of abortion by differentiating between pregnancy as the result of consensual sex or nonconsensual sex. In the first scenario, we claim that the new family-centric discourses should be paramount, whereas in the latter, the women’s rights discourse should govern, drawing on the unique Jewish ethical conception of obligations to justify this differentiation. In essence, we seek to bolster the new and challenging civil discourses with the “strong” traditional Jewish ethical viewpoint. This discussion, which may be considered a partial revitalization of Roe v. Wade, can prove valuable in normatively resolving at least one aspect of the abortion, thereby determining a new compromise Archimedean point for women’s rights discourse and the abovementioned discourses
Limits on Biomedical Research: Whether, Why, and How
Get PDFThis article examines the limitations of laws and regulations in regulating biomedical research. While laws and regulations can serve as guardrails to limit certain research studies, they are often blunt instruments that struggle to keep up with the rapid pace of scientific progress. Moreover, laws in one jurisdiction may not be binding on others, making it difficult to regulate the global scientific community. The article argues that regulatory parsimony should be exercised, imposing regulations only where they work and not where they are unhelpful. The article also explores the ethical considerations surrounding biomedical research and its impact on society, including whether there should be certain areas of study or topics that are off-limits. Ultimately, this law review seeks to provide a comprehensive analysis of the challenges facing regulators in balancing the benefits and harms of progress in biomedical research while protecting human subjects. [AI generated abstract
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