Reflections on the ACLU: It would take me a while to search for the legal history on which case it was that Ruth Bader Ginsburg criticized the timing of in the context of what I came to understand was a carefully crafted legal strategy during an ACLU Board debate on the ACLU’s Women’s Rights Project. Sometime in the 1970s – perhaps 1973? It was a case, she argued, that disrupted that strategy to build towards an interpretation of the 14th Amendment through case law that could essentially eliminate the need for an Equal Rights Amendment. Something to do with Oklahoma sticks in my mind. As a new member of the ACLU Board by virtue of being a representative from the North Carolina affiliate, I remember being amazed by her stance and awestruck by her sophisticated arguments. It was quite a lesson in how constitutional law can be influenced by a deliberate strategy – not just through one case but through a series of cases if they are deliberately chosen and sequentially developed to move the judicial interpretation in a certain direction. Here are some reflections on a dramatic change in ACLU strategy today, but I start with a historical perspective.
We live in a world of ever accelerating change, driven by the creativity of individuals and groups. In this context, it is useful to reflect on the role of innovation as a stimulus for creativity. We focus our attention here on innovation, and specifically on how innovation is being interpreted to be “at the heart” of the policies, services, information and cooperation of the World Intellectual Property Organization (WIPO). Our interest is primarily directed to reflecting on how the trends reported by WIPO in measuring innovation and intellectual property are symptomatic of – and possibly even contributing to – the dramatic shifts in the geopolitical landscape. These shifts are having significant spill over effects beyond WIPO and especially, in these remaining days of 2017, at the World Trade Organization but also, if one looks to the opening days of 2018, at the World Health Organization. Continue reading “The Importance of Innovation”
We have long been a fan of the Internet Governance Forum as a leading experiment in inclusive multi-stakeholder engagement at the global level. In our last newsletter (11 December 2017), we wrote an anticipatory commentary on the 12th IGF, which was meeting in Geneva from 18 to 21 December 2017. We had the opportunity to mingle with IGF delegates and to attend a few of the over 230 sessions that were held over five days (the official four days but also an extra day “zero” on 17 December to help deal with the overload). As usual, we came away with the impression of multiple voices – or sounds, as it were, like the warming up of an orchestra before the conductor comes on stage. Continue reading “Internet Governance Forum – Governance Debate”
The 2030 Agenda for Sustainable Development was the pivotal event of 2015, a year advertised for its transformational summits – on disaster relief in Sendai, on financing for development in Addis Ababa and on climate change in Paris. One might have assumed that the euphoria of the 2030 Agenda would translate directly into implementation strategies in 2016. While one could argue that it was premature to expect such an immediate shift to the new ways of thinking that the 2030 Agenda called for, 2016 also proved to be the year for catastrophic political events which effectively slowed down any hints of first steps. Continue reading “SDGs Are Taking Root”