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Legal and Ethical Implications of U.S. and Canadian Vaccine Contracts: The Impact of Vaccine Nationalism on the Global Pandemic Response
Get PDFThis note explores the COVID-19 vaccine contracts between the U.S. and Canada and the impact of these types of agreements on the global pandemic response. These “pre-purchases,” many of which were executed before the development of a vaccine, have afforded a select few nations the opportunity to stockpile vaccines, while other nations with fewer resources are unable to secure any doses. An effective method to counter the effects of the pandemic is the creation of a global vaccine network that provides equitable access to vaccine doses for nations in need. COVAX was launched to ensure that lower and middle-income nations have the opportunity to purchase vaccine doses at reduced costs for their respective populations. This initiative offers a realistic solution to shortening the timeline of the COVID-19 pandemic and bringing the global population closer to herd immunity
Voter ID: Combating Voter Fraud or Disenfranchising? A Comprehensive Analysis of Voter ID Laws, Native American Disenfranchisement, and Their Intersection
Get PDFThis note discusses the contentious issue of voter ID laws and their ability to disproportionately affect various racial and ethnic groups, with specific attention paid to such laws’ effects on Native Americans. Since the 2000 election catastrophe and subsequent changes to our election system, voter ID laws have become a hot-button issue. Many states have enacted voter ID laws in the years since, some of which have resulted in restrictive voting requirements that may result in disproportionately discriminatory voter disenfranchisement. This note willa first give a general overview of the complicated and convoluted recent development voter ID laws, a history of Native American disenfranchisement, and then compare the stories of voter ID laws used in the states of North Dakota and Washington, two states which both have high populations of indigenous citizens living both on reservations and on non-tribal lands. While North Dakota’s voter ID law requirements have worked in practice to discriminate many Native American citizens living on reservations, Washington’s recently amended voter ID law and other changes to its election laws have attempted to address these concerns efficiently and inexpensively, though more time is needed to see their true effect. The note will conclude by arguing that, while courts can help to eradicate these laws, a shift in the mindset of policymakers is the most effective and efficient way to eliminate targeted discrimination in our voting laws
The Cost of Access to Justice Revisited— The ‘Age of Austerity’ in Brazilian Civil Procedure Five Years Later. Winds of Change?
Get PDFIndia’s Removal of Kashmir’s Special Protection Status: an Internationally Wrongful Act?
Get PDFIndia abrogated Articles 370 and 35A of its Constitution in August of 2019, effectively removing Kashmir’s longstanding special protection status. Kashmir’s special protection status provided Kashmiris with an additional degree of autonomy than India’s states, and its revocation left Kashmir under greater control of Delhi.1 Several organizations flagged human rights concerns regarding the sudden revocation of the region’s special protection status and the subsequent lockdown. This article seeks to narrowly address whether the removal of Kashmir’s special protection status was a violation of international law. This article demonstrates that although Kashmiris’ internal right to self-determination may serve as a theory for illegality under International law, the right to self-determination must be balanced against India’s national security interests and duty to protect. Thus, India’s removal of Kashmir’s special protection status was likely an internationally lawful act
An Inside Scoop on Scopes: An Overview of the Laws and Policies Governing the Scopes of Trade Remedy Orders
Get PDFThe globalization of supply and processing chains has led to an increase in the complexity of international trade laws and the necessity for the United States Department of Commerce to provide clarity in the enforcement of trade remedy orders and procedures. It is therefore no surprise that over the past few years, Commerce has experienced a surge in requests for rulings on whether or not certain imported products are covered by the scope of antidumping and countervailing duty orders. Furthermore, Commerce has conducted several inquiries to determine if imported products which are outside the scope of an antidumping or countervailing duty order are, in fact, circumventing those orders through such means as third country processing or minor alterations. These proceedings have brought to light how important it is for domestic producers, injured by dumped or subsidized merchandise and filing a petition for a trade remedy investigation, to propose definitions of the scopes of their suggested orders that are clear, administrable, and prevent the possibility of evasion. This paper on the “Inside Scoop on Scopes” is a timely overview of the various laws and policies covering Commerce’s definition of the scopes of its trade remedy orders, its subsequent interpretation of those scopes, and its expansion of those scopes through circumvention determinations, when necessary. Furthermore, it addresses key holdings by the Court of International Trade and the Court of Appeals for the Federal Circuit with respect to these types of proceedings
The Cost of Free Speech: Combating Fake News or Upholding the First Amendment?
Get PDFThis Note examines the pervasive and evolving “fake news” problem. Specifically, it explores whether the United States government could pass legislation, modeled after a recently passed German law, regulating propagandistic social media posts. The answer to this question, in short, is no. By comparing the German Basic Law and the U.S. Constitution, this Note highlights the stringency of U.S. First Amendment protections and underscores the U.S. government’s inability to combat fake news through legislation. While this Note primarily focuses on the prevalence of fake news in the context of the 2016 U.S. presidential election, related developments and areas of research continue to emerge. Nevertheless, the underlying analysis and conclusions this Note sets forth can be applied to the 2020 U.S. presidential election as well as the local, state, and congressional elections that have since occurred. Indeed, 2020 has proven that the fake news problem remains omnipresent, and the government is still unable to regulate it
Protecting Culturally Identifiable Fashion: What Role for GIs?
Get PDFGeographical indications are a type of intellectual property right that can be used to protect a source indicator when some quality, characteristic, or reputation of a good is attributable to its geographic origin. To the extent that geographic location and culture overlap, geographical indications could be described as a form of cultural protection. Italy, which is known for both its food and fashion, has geographical indications for a range of items, such as extra virgin olive oils, pastas, and wines. Can geographical indications protect other aspects of culture, such as fashion? For example, the famous Italian designer, Valentino, received both praise and criticism for footwear modeled on royal sandals from Ghana. This essay explores the potential to use geographical indications as a form of cultural protection that extends beyond food and wines to protect culturally identifiable fashion items
Reconsidering the Evolutionary Erosion Account of Corporate Fiduciary Law
No full textThis Article reconsiders the dominant account of corporate law’s duty of loyalty, which asserts that the courts have steadily relaxed standards of fiduciary scrutiny applied to self-dealing by corporate managers across more than a century of history—to the great detriment of the shareholder interest. The account originated in Harold Marsh, Jr.’s foundational article, Are Directors Trustees? Conflicts of Interest and Corporate Morality, published in The Business Lawyer in 1966. Marsh’s showing of historical lassitude has been successfully challenged in a recent book by Professor David Kershaw. This Article takes Professor Kershaw’s critique a step further, asking whether the evolutionary erosion account continues to exert normative power in today’s corporate governance context. The answer is that it does not, a result that obtains even though erosion of the standards that courts apply to management self-dealing has continued unabated ever since Marsh published in 1966, and even though there is no reason to think that management self-dealing benefits the shareholder interest. The result follows from the operation of the corporate governance system, which has assimilated and redeployed the erosion account’s motivating insight that officer and director self-dealing transactions do not make cost-benefit sense from the shareholder point of view. Regulation backs up the norm of aversion. Disclosure rules make self-dealing transparent to shareholders, who have no reason to like self-dealing and who now stand ready and able to register their preferences regarding such matters in corporate boardrooms. At the same time, the requirement of a majority independent board makes self-dealing transactions by board members highly inconvenient, because self-dealing undercuts independence. The practice reflects all of this, as shown by reference to hand-collected datasets of self-dealing transactions at publicly-traded companies and of litigation in respect of self-dealing transactions in the Delaware Chancery Court. The classic self-dealing transaction, although still a focal point of academic discourse on corporate fiduciary law, does not matter all that much in real world companies with dispersed shareholders. It is no longer an unsolved problem stemming from separated ownership and control