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Introduction: Comparative Comparative Law
Full text linkThis introduction illuminates the multifaceted nature of comparative law, transcending its conventional perception as merely a methodological tool. Rather, it emerges as a dynamic arena of political struggle, embodying diverse perspectives and objectives across various discursive exchanges. The volume delves into this complexity through contributions from esteemed scholars exploring topics ranging from granting rights to rivers in Colombia to the constitutional interpretive politics of Italian abortion rights. It underscores how comparative law shapes governance and policy, both reinforcing hegemonic norms and providing avenues for resistance and alternative perspectives. Ultimately, the volume celebrates the rich diversity and interconnectedness within comparative law, offering nuanced insights into its pivotal role in shaping global legal landscapes and public policies
The Modern Border: The Government Can Search . . . Anything?
Full text linkThe evolution of modern technology has introduced new obstacles in interpreting the Fourth Amendment’s application to searches of peoples’ effects. Specifically, the longstanding exception to the Fourth Amendment permitting searches at the international border in the absence of probable cause does not so neatly apply to forensic searches of cell phones. Consequently, a circuit split has emerged on two aspects of the issue: the scope of the border exception and the requisite level of suspicion within that exception. The Supreme Court should find that forensic cell phone searches at the international border implicate Fourth Amendment privacy interests, requiring the border exception’s scope to be limited to searches for ongoing or imminent criminal border activity. Even within that scope, officials must have reasonable suspicion of such ongoing or imminent criminal activity before conducting a forensic cell phone search. Doing so ensures both security at the international border and individuals’ rights under the Fourth Amendment
Five Considerations for Twenty-First Century Climate Policy
Full text linkAs the twenty-first century advances, society is entering a new phase regarding climate change. Impacts of climate change are becoming more salient in the present, rather than being only far-off in the future. Progress on flattening—and in many affluent countries, reducing—greenhouse gas emissions is also becoming salient, though the progress underperforms international targets. Slowing economic growth and major technological and geopolitical disruptions are creating new challenges and uncertainties. One of these challenges is a political climate of deep divisions and rising distrust in fact-finding institutions—a climate that is ripe for demagoguery. In the United States and some other countries, the issue of climate change has become divisive and has been wielded rhetorically by demagogic political figures and movements on both extremes of the political spectrum. This Article outlines five important considerations for climate policy in this new phase of the twenty-first century, focusing on both the global and the U.S. contexts. (1) Mid-range emissions and warming scenarios are most plausible. In contrast, the science and public discourse of climate change has often focused on extremes. Focusing instead on plausible scenarios offers opportunities to consider important nuances and tradeoffs, and to de-polarize the discourse. (2) Economic growth and income convergence will continue but will probably be slower than previously expected. Continuing economic growth and income convergence would portend continuing improvements throughout the century, in many—if not most—measures of human well-being broadly across the world. However, growth and convergence underperforming expectations could create challenges for climate finance, climate politics, and adaptation to climate change impacts. (3) Major investments are needed in mitigation, adaptation, and carbon removal. The public discourse of climate change has often been hyper-focused on reducing greenhouse-gas emissions (i.e., mitigation). Mitigation is important and requires major investments, but realistic paths to carbon neutrality and minimizing climate risks to society also require major investments in adaptation and carbon removal. (4) The United States needs a bipartisan approach. Becoming carbon neutral will require changes to every aspect of society, implemented and sustained over decades, and supported by all levels of government. There is simply no realistic path to achieving such changes without cooperation of both parties. Recent research suggests there are opportunities for bipartisanship and common ground. (5) Catastrophism and utopianism carry underappreciated risks. The risks of complacency and inaction on climate change are becoming better understood, but policymakers and the public should also understand the risks to utopianism and catastrophism, which are responsible for some of history’s worst atrocities. As climate consciousness increases and political divisions harden, the risks of climate catastrophism and utopianism could increase
The Abortion Archipelago: A Potential Return to San Juan Post Dobbs
Full text linkThis paper will discuss whether the U.S. territory of Puerto Rico could be another option for women to travel to and from to terminate their pregnancy following Dobbs v. Jackson Women’s Health Organization
Welfare Debt
No full textAssistant Professor Nicole Langston from Vanderbilt University presented her work, Welfare Debt. The paper examines how past-due child support debt, often owed to the government rather than custodial parents, disproportionately burdens low-income individuals, particularly Black men. Langston critiques the welfare cost recovery system, which traps noncustodial parents in cycles of debt and incarceration. She highlights disparities in the bankruptcy system, where welfare debt remains nondischargeable while tax debt, primarily carried by wealthier individuals, can be forgiven. The paper advocates for policy reforms to align the treatment of welfare debt with tax debt, ensuring greater financial relief for vulnerable populations.https://ecollections.law.fiu.edu/faculty-workshops/1079/thumbnail.jp
Celebrating Markham’s Approach to Financial History: Getting at the Macro One Deal at a Time
Full text linkProfessor Markham\u27s financial history does an excellent job of reviewing and analyzing financial history for the period from the Great Recession to the COVID pandemic. His granular approach to financial history conveys macro-trends by focusing on the most defining transactions and episodes from this period
Bricolage as Comparative Research Method for Critical Legislative Innovation
Full text linkComparative law incentivize imagination to create new solutions to social problems intrinsically linked to different parts of the world. It consists in the analysis of multiple legal solutions revealed by research. Meanwhile, the understanding of the documentation put forward is influenced by the social, cultural, linguistic, political, and economic context where it evolved in the first place. Consequently, the interpretation of those elements leads to varying results. In response to this reality, we offer a modest comparative methodology rooted in creativity inspired by the concept of “bricolage” for the purpose of legislative innovations. In light of some descriptive examples pertaining to the imposition of mandatory mediation, we examine the gaps related to the use of comparative law while recognizing its fruitful potential
The Influence of the Spanish Legal System and Socialist Legal Systems on Cuban Civil Law
Full text linkThe essay “The influence of the Spanish legal system and socialist legal systems on Cuban civil law” fulfills an old desire to analyze how the current Cuban civil law has been shaped. The work addresses the influence of the law of the former socialist countries and Spanish law in the configuration of current Cuban civil law
Urban Commons in Italy
Full text linkThe Italian experience with urban commons has been very rich indeed. In the last ten years or so the number of social and legal initiatives relating to urban commons in Italy has exploded. The present Italian situation shows that urban commons are here to stay. By now, they are part of the collective imagination, of political and socio-economic transformative projects, of administrative practices, and of the law. The demand for the commons in the city originates from the social movements that intend to resist the penetration of the market and of private property in every ambit of life but is by no means confined to that end of the political spectrum. The idea of social solidarity and the demand for autonomy underpinning many discourses over the commons is more widely shared, as it draws upon legacy of liberal socialism and catholic social thought as well. Reference to several articles of the Italian constitution in all the rules and regulations enacted by over 200 Italian cities, towns, and villages all along the peninsula, and in the laws enacted by several Italian Regions, show that providing the commons with appropriate legal regimes is a constitutionally viable strategy, although, for the moment Italy has no national legislation on the matter