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What Happens in State Court Stays in State Court Comity and the Relitigation Exception to the Anti-Injunction Act
Get PDFWho, What, Where, and When? Why Courts Should at Least Consider the Third Circuit’s Heightened Ascertainability Requirement as a Prerequisite to Class Certification
Get PDFCuando Las “Montañas Rusas Regulatorias” Descarrilan: Eco Oro-Colombia Y Staur, Ebo & Rox-Letonia
No full textThe Discounted Labor of BIPOC Students and Faculty
Get PDFBlack Law Students experienced a different COVID-19 pandemic than their majority counterparts due in part to the emotional and physical toll caused by the violent, public mistreatment of Black persons at the hands of law enforcement. While some law faculty at some institutions were proactive in identifying the struggles that their Black students were facing, most law faculty and administrators did nothing—prompting Black students to take time away from their studies to organize, draft letters, gather signatures, and have very uncomfortable conversations with university administrators and faculty about the need for change. Meanwhile, Black faculty and faculty of color, who were experiencing their own trials with pandemic teaching, childcare, increased service obligations and mental fatigue from the political and racial unrest, were often called upon to contribute substantial time to the design and implementation of the “diversity” or “anti-racism” initiatives necessary to increase diversity and to create inclusive environments for their BIPOC students and faculty. Most of this labor discounted, if acknowledged at all. We offer recommendations for how law schools can help shift some of these burdens
Pandemics and International Law: The Need to Strengthen International Legal Frameworks after the COVID-19 Global Heal Pandemic [Sierra Leone]
No full textI would like to begin by acknowledging the American University Washington College of Law and all its partners for organizing this timely symposium on “Pandemics and International Law: The Need for International Action.” 1 The theme of this symposium is rather broad and, as we have heard already, there is much that can be said about it from various international law perspectives. I will not attempt to do that. Instead, I wish to offer brief comments on one question given the time restrictions for my remarks and this panel. I will focus specifically on the topic I was assigned. In essence, given this pandemic of a lifetime that we are experiencing today, the question I was asked to ponder is whether international law needs to be codified or progressively developed to address issues stemming from pandemics. By those key words, of progressive development and codification, I use them in the meaning given to them by the UN General Assembly in Article 15 of the Statute of the International Law Commission. There, “progressive development” is defined, for convenience, as meaning the preparation of draft conventions on subjects which have not yet been regulated by international law or in regard to which the law has not yet been sufficiently developed in the practice of States. The expression “codification of international law” is used for convenience as meaning the more precise formulation and systematization of rules of international law in fields where there already has been extensive State practice, precedent and doctrine. Both mandates are equally important and equally critical for the work of the ILC
The Law Reports of the Special Court for Sierra Leone: Volume IV: Prosecutor v. Sesay, Kallon and Gbao (The RUF Case) (Set of 3)
No full textThe Special Court for Sierra Leone was established through signature of a bilateral treaty between the United Nations and the Government of Sierra Leone in early 2002, making it the third modern ad hoc international criminal tribunal. It has tried various persons, including former Liberian President Charles Ghankay Taylor, for serious violations of international humanitarian law committed during the latter half of the Sierra Leonean armed conflict. It completed its work in December 2013. A new Residual Special Court for Sierra Leone, based in Freetown and with offices in The Hague, has been created to carry out its essential “residual” functions.This volume, which consists of three books and a CD-ROM and is edited by two legal experts on the Sierra Leone Court, completes the set of edited Law Reports started in 2012. Together, the Law Reports fill the gap of a single and authoritative reference source of the tribunal’s jurisprudence. The law reports are intended for national and international judges, lawyers, academics, students and other researchers as well as transitional justice practitioners in courts, tribunals and truth commissions, and anyone seeking an accurate record of the trials conducted by the Special Court for Sierra Leone.https://ecollections.law.fiu.edu/faculty_books/1296/thumbnail.jp
May It Please the Court
No full textIn his painting series May It Please the Court, artist Xavier Cortada offers visual depictions of ten significant constitutional law decisions from the Supreme Court of the United States that originated in Florida. Cortada’s series is ‘of’ Florida, cases arising from instances unique to the state, in which Florida people, places, and events produce Florida things. Because Florida is a weird place full of weird people doing weird things. But those weird events produce legal disputes resulting in constitutional principles affecting the rest of the nation on matters ranging from criminal procedure to freedom of the press to free exercise of religion to property rights to state sovereign immunity.https://ecollections.law.fiu.edu/faculty_books/1281/thumbnail.jp