The Catholic University of America Columbus School of Law
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The Global Practice of Systematic Enforced Disappearances of Children in International Law: Strategies for Preventing Future Occurrences and Solving Past Cases
Get PDFThe aim of this article is to first investigate and understand the widespread and systematic practice of enforced disappearances against children around the world, with a key purpose being to show that it is a regular occurrence. The article reviews the systematic disappearances of children in their historical context, beginning from the Second World War. A variety of country examples –some historical and some contemporary –are discussed to indicate the widespread nature of the practice. The variety of cases is used to understand why states participate in such practices and why children specifically are targeted as victims of enforced disappearances. However, it has not been possible to consider all situations where such disappearances have occurred because thereare so many. The article then examines the international legal framework to deal with the scourge of enforced disappearances of children. The laws and processes in international human rights law (IHRL), international humanitarian law (IHL) and international criminal law (ICL) are considered in turn. Thus, the article assesses what the problems with the law are and what can be done to make the law and processes able to prevent and deal with disappearances. It also provides a range of recommendations and solutions for how to improve the situation of the systematic disappearance of children
Moot Court in Leahy Hall (1960s).
No full texthttps://scholarship.law.edu/historical_photos/1002/thumbnail.jp
The Law Library at Dulles Mansion (undated)
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Heirs of an Administration: Unlawful Executive Actions
Get PDFThe Supreme Court of the United States in DHS v. Regents on June 18, 2020, decided to stall the Trump administration from rescinding the Deferred Action for Childhood Arrivals (DACA) policy that the Obama administration created contrary to the Administrative Procedures Act (APA)––even though in 2016 the Supreme Court affirmed a preliminary injunction on the Deferred Action for Parents of Americans (DAPA) policy, which mirrors DACA. This blunder offhandedly sacrifices the Supreme Court’s reputation as nonpartisan by enlisting itself as the future arbiter of administrative issues with self-evident resolutions and deciding contrary to those resolutions to endorse a political agenda. Now, when a President acts unlawfully through their administrative agencies, subsequent Presidents who wish to uphold their constitutional obligation and reverse those prior actions has to plea to the Supreme Court and satisfy the APA’s arbitrary and capricious standard. Chief Justice Roberts, who wrote the DHS v. Regents opinion, held that the rescission of DACA by the Trump administration was reviewable and also arbitrary and capricious against the APA but failed to consider the illegality of DACA in the Court’s analysis.
This note illustrates the illegality of DACA utilizing the Texas v. United States case that imposed the injunction on DAPA, juxtaposing the two policies. The note recommences with an analysis of DHS v. Regents revealing why the ruling is contrary to the Constitution, Immigration Nationality Act, Homeland Security Act, and the APA. Lastly, the note reveals the ramifications of the Regents\u27 holding, citing the Trump administration\u27s twist on midnight rulemaking
Conference on Environmental, Social, and Governance Investing Under the Federal Securities Laws
No full textOn October 28, 2022, The Catholic University of America Columbus School of Law (Catholic Law) — in collaboration with Catholic University’s Busch School of Business and Dechert LLP — hosted students, faculty, and guests to explore Environmental, Social and Governance (ESG) investing; recent SEC proposals relating to ESG investing; SEC compliance and enforcement issues; and ESG developments outside the U.S. The conference, ESG Investing Under the Federal Securities Laws, was coordinated by Jack W. Murphy, Director of the Securities Law Program at Catholic Law. Continuing Legal Education credit was available for attendees, who were able to attend the conference either in person or through an online webinar
The “Corporation Revolution” and the Professional Ethics of Giving Advice on Executive Protection Issues
Get PDFIn today\u27s law enforcement environment, business entities facing criminal investigations and possible indictment have little practical choice but to cooperate with authorities. Cooperation offers the opportunity to avoid a costly trial and attendant adverse reputational, financial, and morale impacts. Resolution of potential criminal charges, however, almost always requires entities to cooperate with law enforcement efforts to impose criminal liability on individual business executives.
While businesses and their executives once generally perceived their interests as closely aligned, the “Cooperation Revolution” of the last few decades has forced corporate boards and business executives to reassess their individual obligations and risks. In so doing, they often turn to corporate lawyers, particularly general counsel, for assistance in evaluating and enhancing executive protection plans encompassing exculpation, indemnification, and fee advancement. These questions raise complex substantive issues and--because corporate counsel owe their fiduciary obligations to the entity itself--the evaluation and design of plans created to protect individuals often raises challenging ethical dilemmas. Legal advice provided on a “clear day” when the possibility of involvement in a criminal investigation seems remote may be perceived very differently on a “stormy day” when law enforcement officials are at the door.
The purpose of this article is to explore the evolution and ongoing impacts of the “Cooperation Revolution” on business entities and their directors, officers, and lawyers with a particular focus on how corporate counsel can advise governing bodies on executive protection plans in ways that offer the best possible assistance to their clients while appropriately protecting themselves
Stewardship of the Airwaves in the Digital Age
No full textOn Tuesday, March 15, 2022, the Law and Technology Institute (LTI) hosted the Dean William Callyhan Robinson Lecture Series, featuring Catholic Law alumna Megan Stull ’03, President of the Federal Communications Bar Association and Senior Counsel at Google. The program, “ Stewardship of the Airwaves in the Digital Age,” focused on wireless spectrum — a scarce yet vitally important resource — and how ongoing public policy debates are, at their core, advocacy for how best to share the resource over the long term for the best societal returns
In Favor of Deregulating Medication-Assisted Treatment for the Telemedical Treatment of Opioid Use Disorder
No full textCatholic Law’s Student Scholars Series convened on March 22, 2022, for its third, and final program of the 2022 academic year. Third-year law student Kerry O’Donnell presented her research, “In Favor of Deregulating Medication-Assisted Treatment for the Telemedical Treatment of Opioid Use Disorder.”
O’Donnell’s background in neuroscience led to her interest in the regulatory framework surrounding the treatment of Opioid Use Disorder (OUD), especially as new opportunities in virtual medicine came to the fore during the COVID-19 pandemic. The comment looks at how the law, by increasing access to life-saving treatment for opioid addiction, can better help opioid addicts recover. It pushes back on existing federal laws that are overly restrictive to argue that the United States needs a regulatory overhaul. O’Donnell provided a history of the opioid crisis and regulation, as well as an analysis of the efficacy of a more flexible regulatory framework
