Volume 34 - Issue 1

The Taliban Control Afghanistan, Now What?

By Zack Taylor As the final C-17 lifted from Hamid Karzai International Airport at 11:59 PM on 30 August 2021, the United States’ military involvement in Afghanistan came to a close.[1] In the final month of the US withdrawal, the Taliban launched a lightning offensive against the government of Afghanistan, culminating in Afghan President Ghani…

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The Long Jurisdictional Reach of Picard

By Ethan Yaro Near the end of 2019 the Second Circuit reached a decision in In re Irving H. Picard, Tr. for Liquidation of Bernard L. Madoff Investment Securities (hereinafter “Picard”), holding that a United States bankruptcy court has jurisdiction over international transfers between two international entities.[1] The Picard case stems from the Bernie Madoff…

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Notice of Termination in the U.S. and Canada: Two Contrasting Approaches

By Lindsey Drozd In the United States, there is a common understanding that employees must give their employers two weeks’ notice before they resign. Two weeks’ notice is often described as a “courtesy,” but it’s so universally expected that it’s more of a social requirement. Skipping this step can result in substantial ill will from…

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Looking for American Action on Climate Change after the Paris Agreement? Don’t Look to the United States’ Judiciary.

By Tanner Sparrow As global carbon emissions continue to rise following the Paris Agreement and the earth continues to speed towards irreversible climate change, the Paris Agreement, despite its successes, faces repeated criticism.[1] Given that all nations’ current targets are not enough cumulatively to keep the climate from staying below the 2-degree Celsius threshold,[2] and…

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Sanctions and Counter-sanctions Between the West and China over Xinjiang

By Wesley Cong Cao On March 22, the United States, the European Union, the United Kingdom, and Canada imposed sanctions on Chinese officials over human rights issues in Xinjiang.[1] The “united transatlantic response,” according to U.S. Secretary of State Antony Blinken, was the first such coordinated Western action against Beijing under the new Biden administration.[2]…

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An Attempt at Effective EU Enforcement: Rule of Law Conditionality

By Jordan Ziehr The last decade has seen a number of European Union Member States experience significant democratic backsliding, which has presented a challenge to the EU’s commitment to uphold the rule of law. In Poland, attacks on the independence of the judiciary led to an EU attempt to enforce its requirements that Member States…

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The Power of Regulatory Takings Claims: A Note of Caution on the Pack the ISDS Tribunal Debate

By Danielle Hoffman In the midst of the Covid-19 pandemic, many countries party to international investment agreements (IIAs) imposed reactive measures restricting the export of masks and other medical equipment.[1] As a result of these measures, masks and other medical equipment contractually arranged to be exported, were not.[2] Accordingly, disgruntled investors, who incurred losses from…

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