When courts seek to strengthen their own institutional power, they often need to be strategic. In many fraught political contexts, judiciaries lack a history of asserting authority against powerful political actors.
The False Hope of Stewardship in the Context of Controlling Shareholders: Making Sense Out of the Global Transplant of a Legal Misfit
In 2010, the United Kingdom issued the world’s first stewardship code. Since then, stewardship codes have been issued in many of the world’s leading economies and now exist in twenty jurisdictions on six continents, with more jurisdictions considering adopting them.
This Article develops a framework to analyze the laws that bear on working conditions in global value chains (GVCs), a production structure based on hierarchical international firm networks.
For Whose Sake and Benefit? A Critical Analysis of Leading International Treaty Proposals to Protect Nonhuman Animals
Despite the considerable expansion of international law into virtually all areas of modern life, to date there is no international treaty in force to protect the interests of nonhuman animals.
No Peace Without Punishment? Reintegrating Islamic State “Collaborators” in Iraq
How does variation in the severity of punishment affect public opinion toward the reintegration of former enemy “collaborators” after war?
Reasonableness as Responsiveness in Administrative Law in the United States, United Kingdom, and Canada: Kant and Arendt on the Role of the Community in Deferential Judicial Review
When conducting judicial review of administrative decisions using a deferential standard of review, courts should give a greater role to the decision maker’s responsiveness to the interests of the community of judgment—those directly affected by the decision.
The Legal Metaverse and Comparative Taxonomy: A Reappraisal
The question the present Article poses is whether a fourth pattern of law is now necessary to capture the new technological state of affairs and the new geopolitical balances of power: in particular, should a rule of smart law be introduced?
Sovereignty, Territoriality, and Private International Law in Classical Muslim International Law
In the United States, Canada, Israel, Australia, and many parts of Europe, conflicts between religious liberty and gender equality (including LGBTQ equality) are understood and analyzed as “culture wars.”