Recent research in environmental law and psychology has revealed a pernicious problem: psychological phenomena often lead people to underperceive and undervalue environmental harms. These insights have yet to be applied to the transnational realm. This article employs a psychological approach to explore the evaluation of environmental concerns in the context of the World Trade Organization’s Environmental Goods Agreement (“EGA”). Although the EGA purports to be a “win-win” agreement that simultaneously promotes economic development and environmental protection, it has failed to reach meaningful agreement. The present research argues that a psychological perspective on environmental law may supplementally explain the failure in EGA negotiation by demonstrating how states inadvertently undervalue the transboundary environmental impacts of environmental goods. This insight also fills the void left by rational choice theory in regard to the valuation process.
The purpose of this paper is to explore the characteristics and use of corporate liability lawsuits against officers, directors and controlling shareholders (arts. 159 and 246 of the Brazilian Law of Corporations), between 1987 and 2023, within the scope of the state Courts of São Paulo (“TJ/SP”), Rio de Janeiro (“TJ/RJ”) and Minas Gerais (“TJ/MG”), with the following objectives: (i) to identify the number of suits related to the application of arts. 159 and 246 of the Brazilian Law of Corporations; (ii) to ascertain which players are responsible for filing them, contrasting the participation of corporations (direct lawsuits) with that of shareholders (derivative lawsuits); (iii) to identify the distribution of lawsuits over the years, trying, if possible, to observe any pattern of growth in the filing of lawsuits; and (iv) to explore the outcomes and results of the lawsuits before the Courts of the TJ/SP, TJ/RJ and TJ/MG, in order to understand how corporate liability suits have been addressed and dealt with. To this end, judgments were collected from an independent, comprehensive survey conducted by the author in the search platforms of each of the Courts, which were then separated and grouped into a database responsible for guiding the analysis.
Deep and continuous palliative sedation combined with withholding or withdrawal of artificial nutrition and hydration (“PSs̄ANH”) is a medical process regularly used in end-of-life care to alleviate suffering. But in contrast to other end-of-life options like VSED and MAID which have been the subject of significant commentary and policy attention, PSs̄ANH remains largely unexamined. This Article fills this gap by clarifying the legal status and medical practice of PSs̄ANH in twelve jurisdictions around the world.
in soil that is used for agricultural purposes.One use of agricultural land is cropland. 8 Cropland includes areas used for production of adapted crops for harvest, 9 and it covers 392 million acres in the United States alone. 10Globally, cropland covers more than ten percent of the global land surface. 11This Note will begin by describing climate change broadly. 12It will discuss the Paris Agreement, net zero pledges, and private actor climate commitments as well as carbon markets, agriculture's role in carbon markets, and carbon-friendly farming practices.Additionally, this Note will analyze challenges created by antiquated county-based real property recording systems and a variety of lease considerations that increase tenure security to broaden sustained adoption of carbon friendly practices by farm operators.Addressing carbon contract concerns as they relate to United States cropland requires a fundamental two-prong approach.First, to ensure that land is committed to carbon sequestration for a significant time period, real property recording laws must be updated to create a more nationally consistent and accessible opportunity to record changes to a real property deed.This motivates the landowner and subsequent purchasers to comply with sustainability commitments.For the forty percent of United States cropland that is farmed by farm operators, more secure land tenure is essential in leasing agreements to motivate widespread adoption of sustainable climate practices. 13 Progress toward achieving Paris Climate goals will be realized when participants sequester carbon at scale. 14 As an aggregate, farm operators cannot be ignored for their role in increasing carbon sequestration in cropland.By addressing land recording and farm operator land tenure through longer lease terms, two key challenges to establishing permeance for carbon sequestration will be addressed.This creates a meaningful opportunity for accountability and growth in the cropland carbon market which contributes to carbon offset credits and limits greenhouse gases in the atmosphere.By mitigating carbon emissions into the atmosphere, the United States can more effectively contribute to achieving the
How do Russian judges go about achieving justice? This question is explored through a case study of disputes initiated by vulnerable (often elderly) actors who seek to invalidate contracts for the sale of their residences on the grounds that they were tricked or duped. The analysis is grounded in a set of ninety recent judicial opinions from courts across Russia. It reveals that, despite a longstanding distaste for witnesses, judges are open to hearing testimony in these cases. But they rarely rely on such evidence in making their decisions, preferring instead to prioritize documentary evidence. Doing so revealed that Russian judges’ understanding of justice is primarily procedural. Their preference for documentary evidence allowed them to meet the quick turnaround times mandated by the procedural codes. This, in turn, served judges’ career interests by allowing them to compile a track record that makes them strong candidates for promotion.
appropriation in literary works, films, audio recordings, and industrial products, to name a few. 16 This note will analyze the benefit of copyright in protecting indigenous community art through a comparison of the Australian Aboriginal community and the United States Native American community and propose recommendations to the legal system when the copyright laws fall short.Part I of this note describes intellectual property and how it is currently used in protecting Indigenous culture.Part II expands deeper into the history of Indigenous communities in the United States and Australia.It details Australian Aboriginal culture and United States Native American culture and exposes the modern-day problem with misappropriation of Indigenous arts and crafts.Part III individually examines both countries' copyright laws as well as other laws that are being used to bring legal justice to these communities.Further, it analyzes the differences and similarities between the United States and Australia's copyright systems supported by relevant case law to illustrate and examine these differences.It will highlight the alternative legal mechanisms currently being used for these cases.Finally, part IV includes recommendations for copyright laws in light of the noted shortcomings.I.
Mattered" 1 "The Backlash to Losing Roe v. Wade is Just Getting Started" 2 "Lessons for Pro-Lifers Post-Dobbs" 3 "The conflicts in a post-Roe America are just beginning" 4These are just some of the news headlines that were published after the U.S. Supreme Court released its decision for Dobbs v. Jackson Women's Health Organization. 5 This decision heard round the world, though preempted by a historic leaking of its draft, divided the country and drastically changed the United States' legal precedent. 6 Regardless of personal opinion, the right to abortion is no longer fundamental for United States citizens. 7 It is now up to state legislators to decide whether to protect a woman's right to choose, and ---------
Hannah Rarick (she/her/hers): Good morning, everyone.My name is Hannah Rarick, and I have the pleasure to welcome you to this symposium.I am the current Live Symposium Editor for Indiana International and Comparative Law Review, and today we are going to present our topic: Building LGBTQ+ Legal Systems.Throughout this event, we are going to be talking with several experts, both legal experts and practitioners and professors in academia on the status of LGBTQ+ rights in areas such as religion, health, displacement, and violence.We will also have a keynote speaker who will focus on the criminalization of LGBTIQ+ persons in Uganda.Before we go on, I have a few thank you's.I would first like to thank Morgan Robinson, who is the Executive Publication Editor of the Symposium for our Law Review.Not only has she been assisting me with planning this event but also handling the publication portion of our symposium which will include pieces from a couple of our speakers today.I would also like to like our Editor-in-Chief Timothy Morgan for assisting with this event and running the law review in general.I would like to thank Barbara Beeker and Elizabeth Allington of the Office of External Affairs, for their assistance in planning this throughout the past few months.I would also like to thank our Dean Karen Bravo for supporting us in putting on this timely event and introducing our keynote speaker later today.Finally, I would like to thank all of our panelists, our moderators, and our keynote speaker, for taking their time to prepare their presentations, those who had to do their articles on the side of this and be here today to make this symposium happen.Morgan and I selected this topic with the intention of increasing awareness about the LGBTQ+ community, highlighting the effects of past and current laws on individuals, and exploring how our legal knowledge can contribute to shaping a more empathetic society.So we do kindly request that you approach this discussion with an open mind.And with that, I'd like to turn it over to Morgan Robinson for an intro.
Twenty-four people with recorded names, and 152 listed simply as "Female age 8" or "Male age 50."They range from one to sixty years old, and they represent the known enslaved persons associated with Philip Henry Pitts and his brothers, who were cotton planters in the Black Belt region of Alabama. 1 One of his estates, commonly known as Rurill Hill, was home to many of these enslaved African-Americans, who toiled, slept, wept, prayed, and finally died on this property just outside of Uniontown, Alabama.It was a place that, with its cotton fields, slave quarters, and lynching trees, testified loudly to our nation's racist heritage.Ironically, 150 years later, decades after the passage of the Civil Rights Act of 1964 (CRA), it is now the site of Arrowhead Landfill, where a new type of racism echoes the same refrain.Here, Black communities continue to face unequal treatment and disproportionate harm to their health and their lives. 2 The 2022 water crisis in Jackson, Mississippi, is illustrative of a pattern that is far too common in the United States. 3 While not the focus of this Note, recent events in Jackson, whose population is over 82% Black, would make a worthy case study. 4 Jackson's lack of access to clean water draws comparisons to the Flint water crisis of 2014, which the Environmental Protection Agency (EPA) later acknowledged revealed preferential treatment of Whites and -----
This Article argues that the Zero Hunger Sustainable Development Goal (SDG) has been threatened by a combination of the COVID-19 pandemic, the Russian invasion of Ukraine, and climate change. Given that global food security is a well-recognized and fundamental human right worthy of protection, this Article examines the existing legal regimes—from the international, through the regional and national to organizational levels. Recognizing the critical role of commercial activities and enterprises in global food security, this Article argues that there is a need for direct, purposeful engagement by companies of all sizes, from multinational corporations ("MNCs") to small and midsize enterprises (“SMEs”) to address global food security. This Article demonstrates that it can be done as a form of corporate social responsibility (“CSR”), a global policy with national and organizational implementations. It then examines India and Indonesia as two jurisdictions where CSR laws have been enacted to address the specific needs of those societies and especially those members of society without sufficient resources to address their own needs. After a brief review of the legislation, a range of potential reforms are developed which would support a return to the zero hunger trajectory.
This Article reviews recent developments in national legislation and international law related to housing, legal recognition of LGBTQI+ individuals, and corporate responsibility of businesses towards LGBTQI+ people.It makes strategic recommendations that can lead to the building of LGBTQI+ inclusive legal frameworks leaning against international human rights standards and uniquely African standards like the Ubuntu philosophy and African restorative justice mechanisms.* Pepe Julian Onziema, is a transman living and working in Uganda where the Anti-Homosexuality Act was passed in May 2023.He is the Director of Programs at Sexual Minorities Uganda (SMUG) whose operations were halted by the NGO Bureau in August 2022 for reasons including having its main objective as "to fight against discrimination against Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) persons in Uganda."See Press Release, Uganda Nat'l Bureau for Non-Governmental Orgs., Statement on Halting the Operations of Sexual Minorities Uganda (Aug.5, 2022), https://ngobureau.go.ug/en/news-and-notices/statement-on-halting-theoperations-of-sexual-minorities-uganda [https://perma.cc/2BPJ-ESA6].Mr. Onziema is an award winner and has been interviewed on the renowned "Last Week Tonight" with John Oliver, an interview that won the GLAAD Media
expression" 9 -when his teachers and classmates voted him prom king. 10liver Jones' experience with gender dysphoria is not entirely unique.Nor is it unusual that a young person would seek medical treatment after a diagnosis of gender dysphoria.Indeed, medical protocols, like those based on the work of Dutch researchers and referred to as the Dutch Protocol or the Dutch Approach, exist and are widely accepted procedures for the treatment of gender dysphoria in children and adolescents.Recently, however, the Dutch Protocol has been called into question by health care services in several European countries. 11urope is not alone.Transgender individuals have been in the United States since before its inception. 12In the 1990's, the transgender rights movement began to coalesce into a social force. 13But even as trans rights began to increase, the U.S. government sought to exclude trans people from receiving health care. 14 The Americans with Disabilities Act, for example, included a set of exclusions, among them transgender people. 15 This exclusion was the result of animosity from two senators who viewed sexual behavior disorder to be unworthy of legal protection. 16Today, attempts to bar transgender people from access to health care still exist in other forms.In particular, a number of conservative states have introduced, considered, or passed legislation restricting or denying genderaffirming care to adolescents and children. 17efore delving into the content of this article, a note on terminology.For purposes of this article, I use "transgender" to mean "people whose gender identity and/or expression is different from cultural expectations based on the sex they were assigned at birth." 18 This is as opposed to someone who is "cisgender"
Many proponents of Indigenous rights in the United States advocate for the domestic legal system to adopt international law standards to strengthen the rights of American Indians and Tribes. This proposition assumes that domestic law is inconsistent with international law standards. In this Note, the author contrasts a recent decision from an international tribunal, the African Court on Human and People’s Rights, with United States law in the areas of tribal recognition, religious rights, and property rights. Importantly, the African Court on Human and People’s Rights applies international law standards, such as human rights treaties and the United Nations Declaration on the Rights of Indigenous Peoples. As this Note demonstrates by highlighting the differences between the outcomes of the case and United States law, United States law is incompatible with international law standards and provides fewer protections for its Indigenous peoples. This Note identifies the differences through the analysis and proposes solutions for the United States to better align with international Indigenous rights standards.
What do a former UK Prime Minister, an Executive of Facebook, and a person from Canada have in common? 1 They were all at one time citizens of the United States until they decided they no longer wanted to be. 2 The reason for the renounced citizenship points to a renunciation for tax reasons. 3 The United States stands as an outlier on the world stage by requiring income to be reported on a citizenship taxation basis; to curb tax evasion in part the Report of Foreign Bank and Financial Accounts (FBAR) and the Foreign Account Tax Compliance Act (FATCA) were created and passed to help enforce tax compliance on foreign accounts and assets. 4However, both compliance tools are not without their burdens especially for dual citizens. 5 Curbing tax evasion is a noble goal, but what seems to happen as a byproduct of this legislation is that there are dual citizens (often much smaller ------------
work, it does not specifically address state obligation under the Convention and/or customary international law.Putting aside the timing issue, the nature and limitations of state obligations remain murky and obscure.The Bosnian Genocide case 11 before the International Court of Justice endeavored to address the questions, inter alia, concerning both extraterritoriality 12 and the preconditions of "effectively influencing" 13 the course of the genocide as the legal standard for creating a state obligation. 14However, the decision arguably left more questions than answers. 15 In the United Kingdom, there has recently been debate regarding heightened state-on-state unilateral economic sanctions. 16 Legislation had been proposed in the 2019-21 Trade Bill to include provisions disqualifying countries engaged in acts of genocide or mass atrocities from entering into trade relations with the UK. 17 Though the measures failed to pass Parliament, 18 proponents argued that the binding effect of the Convention and customary international law obligates states to take such measures. 19Among other issues, this raises the questions of the extraterritorial competence of obligation under the Convention, whether such a sanction is reasonable and whether trade sanctions against an offending -----------------------
This paper is an excerpt of the project, "Cis, trans, and lesbian women in situations of violence and access to justice in Northwest Argentina.From diagnosis to action," carried out by ANDHES and CLADEM in Jujuy and Tucumán from 2020 to 2023.The project presents the results of the participatory research carried out to determine the status of the Argentine legislation regarding LGBTI+ people in relation to the general context and their vulnerability in access to rights and obstacles in the access to justice faced by trans and transvestite women in the Northwest of Argentina.* This article is directly translated from the original Spanish version, Las Mujeres Cis, Trans y Lesbianas en Situación de Violencia y el Acceso a La Justicia en el Noroeste Argentino: Del Diagnóstico a la Acción, also available in this Issue.It should be noted that the use of the word "transvestite" in this article stems from a literal translation of the Spanish word "travesti" in the original article.
