Article
This Article proposes a new treaty to fix the “domestic violence problem” that plagues the Hague Convention on the Civil Aspects of International Child Abduction. It argues that a new international instrument is legally permissible and would be the most efficient way to solve the problem. It compares the proposed solution to other child abduction instruments that exist in the European Union (EU) and Latin America but that do not address domestic violence. This Article proposes specific treaty provisions and…
by Merle H. Weiner
Article
Political entrepreneurs have declared war on environmental, social, and governance policies (“ESG”), going so far as to attempt to criminalize ESG-influenced investing. They seek a return to some real or imagined past. They amplify and elevate their efforts into mainstream public discourse. They pursue extraordinary goals and tactics to disrupt and even dismantle institutional structures, norms, and established processes. The contemporary anti-ESG backlash is not simply a battle over corporate purpose and the dueling perspectives of shareholder primacy versus stakeholderism…
by Omari Scott Simmons
Article
Criminalizing wage theft is a popular idea. This Article argues that––based on practitioners’ experience with human trafficking––workers’ rights groups, legislators, and prosecutors should reconsider embracing the criminalization of wage theft as an effective response to preventing this form of abuse. Twenty years of experience with trafficking cases and data show that criminalizing wage theft is likely not only to be ineffective but also to cause further harm to the victims and vulnerable communities who suffer the most from wage theft.…
by Stephanie Richard
Article
The Supreme Court has thrust abortion onto ballots nationwide, transforming fundamental rights into political battlegrounds. In the aftermath of Dobbs v. Jackson Women’s Health Organization, people with disabilities face a perfect storm of eroded reproductive freedoms and persistent barriers to democratic participation. This Article exposes the hollow promise of the Court’s purported deference to “the people’s elected representatives,” revealing instead a landscape where those most affected by abortion restrictions struggle to have their voices heard. The Court’s invocation of democracy…
by Robyn M. Powell
Student Note
False testimony claims are an increasingly popular vehicle in a handful of states through which petitioners can challenge unconstitutional criminal convictions. Successful false testimony claims grant petitioners access to remedies guaranteed by the Due Process Clause and overturn offending convictions, giving individuals access to new trials or similar relief. But like many post-conviction standards, false testimony is evaluated differently from state to state, producing disparate results. While every state’s standard requires that the testimony used at trial be proven both…
by Alexa Pietrowski
Student Note
This Note explores the implications of the U.S. Supreme Court’s ruling in Tyler v. Hennepin County, which significantly impacts property taxation and foreclosure laws. The Court ruled that property owners are entitled to surplus proceeds following a tax foreclosure, setting a new precedent by deeming it unconstitutional for governments to retain surplus proceeds without just compensation. Tyler clarified property rights under the Fifth Amendment, affirming that owners have a constitutional right to the surplus value of their foreclosed properties, even…
by Analy Feigel
Article
This Article addresses the problem of biased precedents, wherein sophisticated repeat players, often corporate and state entities armed with superior resources and a vested interest in shaping the law, manipulate legal proceedings to systematically establish self-advantageous precedents. Specifically, by strategically choosing to litigate cases they anticipate will lead to favorable precedents and settling those expected to produce unfavorable outcomes, these players systematically bias the law over time to their advantage, at the expense of one-shot parties and society at large.…
by Ronen Avraham* & Issachar Rosen-Zvi*
