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A Legacy Diminished: President Obama and the Courts

Shifting the Most Important Courts in the Country , Wash. Post (Sept. 4, 2018). For conservatives this raised the prospect of the judicial branch of government making supportive rulings on a range of issues, potentially including restrictions on access to abortion services; further limiting the scope of afirmative action programs; prioritizing gun rights over gun control, and placing limits on the power of labor unions. For liberals, this demoralizing narrative highlighted how, over two terms, President Obama had not been able to transform the federal bench, and

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Bad Company: The Corporate Appropriation of Nature, Divinity, and Personhood in U.S. Culture

, but as it became increasingly impersonal, it also became clear it functioned without a mind. After the Civil War, virtually all transcendental rhetoric of Union in Nature became deflected to rhetorics of incorporation (which in figurative terms also often entailed individual dismemberment). The sometimes seemingly abstract contest between the individual and the corporate mass is evident in more concrete terms, for example, in the jury instructions of an 1886 Mississippi Supreme Court case: This poor negro has the same right to have his matters adjudicated as the

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Transatlantic Trade and Investment Partnership (TTIP): The Devil in Disguise or a Golden Opportunity to Build a Transatlantic Marketplace?

I Introduction The negotiations between the European Union (E.U.) and the United States of America (U.S.) regarding a free-trade agreement called the Transatlantic Trade and Investment Partnership (TTIP) were launched in 2013 and are ongoing. Both parties have declared their intention to finish the negotiations by the end of 2016 but this timeline seems unrealistic in view of the (number of) unresolved issues. EU , US Negotiators Push for 2016 Deal , Though “TTIP Light” Not an Option , 20 Bridges Weekly 1 (May 4, 2016). In a speech before the summer break

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Investor-State Dispute Settlement and the Future of the Precautionary Principle

states, progress at the WTO has foundered on: “confrontations between states”; the increasingly complex nature of the negotiations which have moved from concerns with tariffs to complex technical matters such as phytosanitary protection and intellectual property; and the rise of “concerns on sovereignty.” Viviane de Beaufort, The European Union and the New Face(s) of International Trade , 1 Int. Bus. L. I. 39, 41 (2015). As a result multilateralism on the WTO model has suffered a decline in popularity originating in “a general lack of enthusiasm from states and

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Introduction To U.S. Free Trade Agreements

). Slowly progressing negotiations are underway with the European Union (EU), which if and when successful would add another twenty-eight countries as FTA partners. SeeEU Commission , The Transatlantic Trade Investment Partnership, available at http://ec.europa.eu/trade/policy/in-focus/ttip (last visited Mar. 26, 2016). Should the U.K. withdraw from the EU, as seems highly likely as of October 2016, the number would of course be reduced to 27. U.S. policy has also shifted from seeing free trade agreements as a second best approach to trade liberalization to one where

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The Two Noble Kinsmen: Internal and Legal Transparency in the WTO and Their Connection to Preferential and Regional Trade Agreements

resorted to trade deals outside, with other like-minded parties. In the last decade, news on world trade has been dominated by the discussions on Mega-Regionals, and the WTO no longer is as newsworthy. The Transatlantic Trade and Investment Partnership (TTIP), the Trans-Pacific Partnership (TPP) and the European Union (EU)-Canada Comprehensive Economic Trade Agreement (CETA) have been, for better and for worse, in the front page of major world newspapers, while the recent WTO Ministerial in Nairobi barely made it to any newspapers at all. In the WTO, transparency

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Editorial

little significance for U.S. trade. Bernard K. Gordon, By Invitation Only: Cozy Free Trade Deals Subvert Global Integration , Yale Global Online, Feb. 13, 2003, available at http://yaleglobal.yale.edu/content/invitation-only-cozy-free-trade-deals-subvert-global-integration (last visited Jul. 20, 2016). In contrast, the United States have no free trade agreements with some of their major trading partners, namely, China and the European Union even though the United Kingdom, Germany, the Netherlands, Belgium and France in the aggregate account for more than China in

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Solving Child Statelessness: Disclosure, Reporting, and Corporate Responsibility

approach to that for conflict minerals. Part II of this article initially provides an overview of citizenship and statelessness. Further, it explores the plight of stateless children, contending that public law initiatives alone to date have been unsuccessful in their attempt to address this problem. Thereafter, the article sets out the background to the sourcing and usage of conflict minerals from the DRC and considers legal responses to this situation by (1) Congress in the form of Section 1502 of the Dodd-Frank Act; (2) the United Kingdom and the European Union; (3

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Fascism-lite in America (or The Social Ideal of Donald Trump)

media, summarized in Ewan McGaughey, Could Brexit Be Void? King’s L. J. (forthcoming 2019). Russian coal and oil are $183bn of its total $316bn in exports, See Observatory of Economic Complexity: atlas.media.mit.edu/en/profile/country/rus/ . near 60 per cent of its export economy. So, Russia is backing political movements that deny climate damage. It will do anything to stall a zero-carbon future. For Russia’s kleptocrats, breaking American democracy and the European Union are questions, not just of business sense, but economic survival, because every lump of

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The Trans-Pacific Partnership

, for example, violations of due process or of domestic law, rather than only egregious or outrageous conduct. See e.g ., Clayton & Bilcon of Delaware, Inc. v. Canada, Award on Jurisdiction and Liability, ¶¶ 438-44 (Perm. Ct. Arb. Case No. 2009-04, Mar. 17, 2015). Cf Clayton & Bilcon of Delaware, Inc. v. Canada, (dissenting opinion of Professor Donald McRae) (Perm. Ct. Arb. Case No. 2009-04, Mar. 10, 2015). In contrast, the Comprehensive Economic and Trade Agreement between Canada and the European Union (CETA) Consolidated Comprehensive Economic and Trade Agreement

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