AbstractWhile there is a general agreement that corporate directors may consider stakeholder interests beyond legal requirements, opinions diverge on whether they are obligated

to do so. The traditional approach emphasizes directors’ primary responsibility to the company and shareholders, granting them broad discretion in deciding how [...]

This Article explains how speech became the constitutional vehicle for the right to discriminate on religious grounds in places of public accommodation. It argues that cause

lawyers for the New Christian Right cobbled together a right to exclude from a surprising doctrinal source: the egalitarian tendencies within the First Amendment. [...]

The Ninth Circuit’s decision in Lam v. University of Hawaiʻi is the “high water mark” of intersectional Title VII jurisprudence. In Lam, the Ninth Circuit explicitly

adopted an intersectional framework, reprimanded courts for bisecting intersectional identities in Title VII claims, and cited Professor Kimberlé Crenshaw’s seminal [...]

Drawing on an original, interview-based case study of Immigration and Customs Enforcement (ICE) and a synthesis of six decades of social science literature, this Article offers

a theory of physical violence in the administrative state that challenges foundational assumptions about administrative law. [...]

The child welfare system, more accurately referred to as the family policing system, employs extensive surveillance that disproportionately targets marginalized families and

subjects them to relentless oversight. Scholars observe that this ongoing surveillance obstructs effective parenting, exacerbates existing injustices, and contradicts [...]

Once considered a dying language, ‘ōlelo Hawaiʻi (the Hawaiian language) has made a powerful resurgence in recent decades, thanks in large part to the proliferation of

Hawaiian immersion programs at schools across the State. In 2019, the Hawaiʻi State Supreme Court strengthened these programs in Clarabal v. [...]

This Article argues for a constitutional response to one of the worst structural harms of the criminal legal system: the perpetuation of racial subordination. It makes this

case by exploring whether the antisubordination principle best associated with the Fourteenth Amendment’s Equal Protection Clause could be applied to Eighth Amendment [...]

As part of a broader reform agenda, the European Commission’s proposals for a comprehensive reform of the European Crisis Management and Deposit Insurance (CMDI) framework

include a recalibration of the conditions for the initiation of resolution actions with a view to expanding the scope of resolution actions to smaller and medium-sized [...]

In recent years, strategic litigation has established itself as a fundamental instrument in the defence and promotion of environmental rights in international law. Within this

context, this article aims to characterize climate litigation in the Global South, specifically in Latin America. [...]

At the close of 2024, the Journal of Conflict  & Security  Law (JCSL) will have been published by Oxford University Press (OUP) for 25 years. In its first incarnation in

1996, the JCSL appeared as the Journal of Armed Conflict Law and was published by Nottingham University Press; however, in its second and continuing incarnation after [...]