Blog
With a Master's Degree in international business and communications from a global top 100 research university in her native Denmark, a JD from the University of Oregon School of Law (she was number one in her law school class), a PhD in political science on the way, and many years of professional legal writing and research, Professor Dellinger is eloquent, precise and prolific. Thoroughly researched, her blogs are linguistically approachable by both legal scholars and laypeople alike.
Climate compensation cases to head to court
Lawyers often fail to use the most up-to-date scientific evidence on the cause of rising temperatures, a new study finds. As a result, little compensation has been given to climate change victims so far. That could change soon, however. There have been some notable successes for environmental groups, such as in a recent case against Shell decided by a civil court in the Netherlands. So far, around 1,500 climate-related lawsuits have been brought before the courts around the world. This number is estimated to rise. Attorneys and judges thus need to be prepared to keep pace with the work of attribution scientists, so that their judgements are in line with the latest scientific evidence.
Child slaves on cocoa farms
The U.S. Supreme Court just ruled that “general corporate activity” does not in and of itself create jurisdiction for American federal courts to hear tort cases under the Alien Tort Statute (“ATS”). To plead facts sufficient to support a domestic application of the ATS, plaintiffs must allege more domestic conduct than the general corporate activity that is common to most corporations. In the case involving Nestlé USA and Cargill, two major U.S. corporations, six individuals from Mali alleged that they were trafficked into Ivory Coast as child slaves to produce cocoa. The American companies do not own or operate cocoa farms in Ivory Coast, but they do buy cocoa from farms located there and provide those farms with technical and…
“Ecocide” as international crime
An expert panel commissioned by the Stop Ecocide Foundation has proposed the recognition of “ecocide” as a new international crime in the Rome Statute of the International Criminal Court (“ICC”). The ICC already recognizes genocide, crimes against humanity, war crimes, and the crime of aggression. The ICC is the only global mechanism which directly weighs in on the criminal justice systems of its 123 member states. It has been 75 years since the phrases “genocide” and “crimes against humanity” were first used in the Nuremberg Trials. But why a new crime now? Per the Foundation: “Innovation and change on a major scale are required for humanity to thrive sustainably. Ecocide law can level the playing field for solutions and stimulate…
Legislative Change Proposal, California Judicial Elections
Dear Governor Newsom and California legislators: I write to suggest that you initiate a legislative change of Section 13107 of the California Election Code. The 2018 change of the Code made it virtually impossible for anyone but prosecutors (“deputy district attorneys”, hereinafter “DDAs”) and certain other government attorneys to become elected judges. This is highly inequitable for other types of candidates and thus democratically undesirable. This issue requires urgent attention. A legislative change would have no fiscal effect. Recommendation: Section 13107 should be changed so that only the ballot designation “attorney at law” can be used by anyone running for office. Allowing DDAs and others already in government employ to continue using both their full titles and locations (e.g. “Maria…
