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Immigration is Not an Invasion: The Case Against Allowing State Actors to Implement Immigration Policies Under the Scope of the Invasion Clause
Full text linkProtecting Traditional Knowledge and Indigenous Peoples\u27 Rights: The Key to Developing International Environmental Laws that Promote Harmonious Relationships with Nature
Full text linkEconomic progress versus cultural preservation: insights from ‘cultural heritage in international economic law’
No full textValentina Vadi’s book is an excellent contribution to academic scholarship at the intersection of culture and economics within the context of international law. To date, this comprehensive study is the first of its kind to explore the connection between international cultural heritage law and international economic law. This book is intended to fill the gap in legal scholarship by conducting a thorough analysis of cultural heritage cases that have been resolved in international economic courts, including claims brought before the World Trade Organization (WTO) Dispute Settlement Mechanism (DSM) and investment treaty arbitral tribunals, respectively. Vadi’s basic premise, although intuitive, has not been thoroughly analyzed in legal scholarship previously. She surmises that innate legal and structural challenges may hinder the protection of cultural heritage and the promotion of economic development. The underlying question she seeks to answer is whether safeguarding cultural heritage can truly coexist with promoting economic development within the framework of international law. Her hypothesis guiding this interrogation is providently simple: reconciling economic and cultural interests is possible if development encompasses wide-ranging concepts, including economic growth, human flourishing, and cultural elements
Backdating #MeToo
No full textThe #MeToo movement radically altered the way that people think about workplace sexual harassment. For decades, women were expected to tolerate a broad range of sexualized conduct at work. However, the revelation of Harvey Weinstein\u27s misdeeds in late 2017, followed by the exposure of countless other bad actors, dramatically shifted the social narrative regarding appropriate workplace behavior. Conduct that employees once ignored or overlooked suddenly became the basis for vociferous objection; the perfunctory responses to harassment that many employers once adopted suddenly stood out as glaringly deficient.
While society has undergone great shifts in its understanding of and response to workplace harassment, the courts have been slow to respond to these changing views. Various academics and other commentators have argued that sexual harassment law must evolve to catch up to these social changes, but few courts have embraced (or even acknowledged) this new reality: More importantly, virtually no one has addressed how courts should treat cases that span the progression of these norm shifts—cases that may have arisen prior to the upheaval caused by the #Me Too movement, but which are being litigated in the aftermath of these new social standards. This seems particularly striking given the extent to which the legal framework for resolving harassment claims explicitly involves an understanding of broader norms. In an area of the law that turns so significantly on reasonableness —whether a reasonable plaintiff would have perceived a sexually hostile environment; how a reasonable employer or employee should respond in such circumstances—what happens when reasonableness becomes a moving target, even within the duration of a single case?
This Article examines the extent to which current, more stringent social standards regarding workplace sexual harassment should be applied retroactively to cases that may have arisen before those standards came into being. Specifically, it examines what should happen when a court is faced with workplace behavior that would not have constituted actionable harassment at the time that such conduct occurred, but which likely would create liability for the employer under today\u27s expectations. Should courts backdate the new norms created by the #MeToo movement? This Article discusses the ramifications for women—and for society at large—of engaging in such a retroactive application of these evolving standards
Assessing the Potential Consequences of Students for Fair Admissions, Inc. (SFFA) on the Small Business Development Program
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