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American University Washington College of Law

2019

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Articles 1 - 30 of 97

Full-Text Articles in Entire DC Network

Justice Breyer And The Rise Of Globalization: An Analysis Of The Jurisprudence Of Justice Breyer As A Pragmatic Visionary, Timothy Sajal Klee Oct 2019

Justice Breyer And The Rise Of Globalization: An Analysis Of The Jurisprudence Of Justice Breyer As A Pragmatic Visionary, Timothy Sajal Klee

Upper Level Writing Requirement Research Papers

No abstract provided.


The Myth Of Enforcing Border Security Versus The Reality Of Enforcing Dominant Masculinities, Jamie Abrams Oct 2019

The Myth Of Enforcing Border Security Versus The Reality Of Enforcing Dominant Masculinities, Jamie Abrams

Articles in Law Reviews & Other Academic Journals

This essay explores the masculinities underpinnings in modern immigration law, policy, and rhetoric. Existing analysis has captured the ways in which Trump-era immigration laws, policies, and rhetoric are explicitly and implicitly packaged in alarming racism and xenophobia. These critical lenses continue a long and deeply worrisome legacy of “othering” and dehumanizing immigrants and, more broadly, marginalizing communities of color in the United States.

Outside of the immigration law lens, separate strands of scholarship and media coverage have highlighted the toxic masculinities of the Trump era. These discussions have generally focused on President Trump’s treatment of women, the gendered campaign dynamics …


Indecency Regulation Of The Fcc And Censorship Law In Republic Korea: Comparison And Contrasts, Min-Soo "Minee" Roh Jul 2019

Indecency Regulation Of The Fcc And Censorship Law In Republic Korea: Comparison And Contrasts, Min-Soo "Minee" Roh

Upper Level Writing Requirement Research Papers

Regulating music on radio or television is not a straightforward process, as the music is comprised of lyrics of words. On top of the lyrics, any music performance has an additional layer of choreography and dress code. If any individual elements or combined elements is obscene or indecent, the government attempts to regulate broadcasting both music and performance. This leads to regulating general speech on communications and it requires this paper to look into regulation of broadcasting in general and specific examples of music broadcasting regulation on radio and television, particularly, in the United States (“States”) and in Republic of …


Undocumented: The Need To Further Address The Intersection Of Immigration And Domestic Violence In The United States, Julie Flower Jul 2019

Undocumented: The Need To Further Address The Intersection Of Immigration And Domestic Violence In The United States, Julie Flower

Legislation and Policy Brief

No abstract provided.


A More Sensible Surge: Ending Doj's Indiscriminate Raids Of Healthcare Providers, Michael C. Barnes Jul 2019

A More Sensible Surge: Ending Doj's Indiscriminate Raids Of Healthcare Providers, Michael C. Barnes

Legislation and Policy Brief

No abstract provided.


Predictive Policing Theory, Andrew Guthrie Ferguson Jul 2019

Predictive Policing Theory, Andrew Guthrie Ferguson

Contributions to Books

Predictive policing is changing law enforcement. New place-based predictive analytic technologies allow police to predict where and when a crime might occur. Data-driven insights have been operationalized into concrete decisions about police priorities and resource allocation. In the last few years, place-based predictive policing has spread quickly across the nation, offering police administrators the ability to identify higher crime locations, to restructure patrol routes, and to develop crime suppression strategies based on the new data.

This chapter suggests that the debate about technology is better thought about as a choice of policing theory. In other words, when purchasing a particular …


Americas Coverage, Human Rights Brief Apr 2019

Americas Coverage, Human Rights Brief

Human Rights Brief Spring 2019 Regional Coverage

No abstract provided.


Middle East & North Africa Coverage, Human Rights Brief Apr 2019

Middle East & North Africa Coverage, Human Rights Brief

Human Rights Brief Spring 2019 Regional Coverage

No abstract provided.


Europe & Central Asia Coverage, Human Rights Brief Apr 2019

Europe & Central Asia Coverage, Human Rights Brief

Human Rights Brief Spring 2019 Regional Coverage

No abstract provided.


Asia & Oceania Coverage, Human Rights Brief Apr 2019

Asia & Oceania Coverage, Human Rights Brief

Human Rights Brief Spring 2019 Regional Coverage

No abstract provided.


The Inescapable Intersection Of Race, Law, And Sports: Perspectives From The Field, N. Jeremi Duru, Michele Roberts, Woodie Dixon, Jeff Whitney Mar 2019

The Inescapable Intersection Of Race, Law, And Sports: Perspectives From The Field, N. Jeremi Duru, Michele Roberts, Woodie Dixon, Jeff Whitney

Presentations

During the Civil Rights Movement of the 1960’s, race and sport were thickly intertwined. Athletes such as Arthur Ashe, Muhammad Ali, John Carlos, and Tommie Smith used their platforms as sports stars to challenge racial and economic injustice. In the decades that followed, that activist spirit largely receded, but over the past several years athlete activism has been on the rise. From Miami Heat players posting a group photo in hooded sweatshirts in protest of Trayvon Martin’s killing to St. Louis Rams’ players running onto the field with hands above their heads in protest of Michael Brown’s killing to Colin …


Adding Insult To Injury: The Unconscionability Of Alimony Payments From Domestic Violence Survivors To Their Abusers, Amanda Nannarone Jan 2019

Adding Insult To Injury: The Unconscionability Of Alimony Payments From Domestic Violence Survivors To Their Abusers, Amanda Nannarone

American University Law Review

No abstract provided.


Doing Justice: Judging And Jewish Values, Judith Bartnoff Jan 2019

Doing Justice: Judging And Jewish Values, Judith Bartnoff

American University Law Review

No abstract provided.


Trial By Jury: Why It Works And Why It Matters, Kathleen M. O'Malley Jan 2019

Trial By Jury: Why It Works And Why It Matters, Kathleen M. O'Malley

American University Law Review

No abstract provided.


Global Regulation Of Corporate Conduct: Effective Pursuit Of A Slave-Free Supply Chain, Roza Pati Jan 2019

Global Regulation Of Corporate Conduct: Effective Pursuit Of A Slave-Free Supply Chain, Roza Pati

American University Law Review

No abstract provided.


"Something Called The 'Municipal Securities Rulemaking Board'": Unexamined Issues Of Constitutionality, Richard E. Brodsky Jan 2019

"Something Called The 'Municipal Securities Rulemaking Board'": Unexamined Issues Of Constitutionality, Richard E. Brodsky

American University Business Law Review

No abstract provided.


Conference Report: Handling Allegations Of Corruption In Arbitration And Judicial Dispute Settlement, Adam Briscoe, Björn Arp Jan 2019

Conference Report: Handling Allegations Of Corruption In Arbitration And Judicial Dispute Settlement, Adam Briscoe, Björn Arp

Arbitration Brief

No abstract provided.


Congress-In-Chief: Congressional Options To Compel Presidential War-Making, Clark H. Campbell Jan 2019

Congress-In-Chief: Congressional Options To Compel Presidential War-Making, Clark H. Campbell

American University National Security Law Brief

No abstract provided.


Insidious Encroachment? Strengthening The "Crown Jewels": The 2018 Reauthorization Of Fisa Section 702, John F. Schifalacqua Jan 2019

Insidious Encroachment? Strengthening The "Crown Jewels": The 2018 Reauthorization Of Fisa Section 702, John F. Schifalacqua

American University National Security Law Brief

No abstract provided.


Treason In The Age Of Terrorism: Do Americans Who Join Isis 'Levy War' Against The United States?, Stephen Jackson Jan 2019

Treason In The Age Of Terrorism: Do Americans Who Join Isis 'Levy War' Against The United States?, Stephen Jackson

American University National Security Law Brief

No abstract provided.


Legalizing Intelligence Sharing: A Consensus Approach, Brian Mund Jan 2019

Legalizing Intelligence Sharing: A Consensus Approach, Brian Mund

American University National Security Law Brief

No abstract provided.


Bridging The Enforcement Gap? Evaluating The Inquiry Procedure Of The Cedaw Optional Protocol, Catherine O'Rourke Jan 2019

Bridging The Enforcement Gap? Evaluating The Inquiry Procedure Of The Cedaw Optional Protocol, Catherine O'Rourke

American University Journal of Gender, Social Policy & the Law

Considerable optimism accompanied the adoption of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) Optional Protocol. However, one of the Optional Protocol’s two enforcement measures, the inquiry procedure, appeared to languish for fourteen years and has, to date, resulted in only four inquiry reports. The article evaluates the inquiry procedure, finding largely unmet expectations in addressing CEDAW’s structural weaknesses, countering the privileging of civil and political rights, and redressing state noncompliance with CEDAW, but significant potential nonetheless. The findings of this Article vindicate the enduring salience of foundational feminist critiques of human rights. The Conclusion …


The Surprising Reach Of Fda Regulation Of Cannabis Even After Descheduling, Sean M. O'Connor, Erika Lietzan Jan 2019

The Surprising Reach Of Fda Regulation Of Cannabis Even After Descheduling, Sean M. O'Connor, Erika Lietzan

American University Law Review

No abstract provided.


An Error And An Evil: The Strange History Of Implied Commerce Powers, David S. Schwartz Jan 2019

An Error And An Evil: The Strange History Of Implied Commerce Powers, David S. Schwartz

American University Law Review

No abstract provided.


Something Else: Specific Relief For Break Of Human Rights Terms In Supply Chain Agreements, Jonathan C. Lipson Jan 2019

Something Else: Specific Relief For Break Of Human Rights Terms In Supply Chain Agreements, Jonathan C. Lipson

American University Law Review

No abstract provided.


Private Law Remedies, Human Rights, And Supply Contracts, Jennifer S. Martin Jan 2019

Private Law Remedies, Human Rights, And Supply Contracts, Jennifer S. Martin

American University Law Review

No abstract provided.


"Enough's Enough": Protest Law And The Tradition Of Chilling Indigenous Free Speech, Alix H. Bruce Jan 2019

"Enough's Enough": Protest Law And The Tradition Of Chilling Indigenous Free Speech, Alix H. Bruce

Articles in Law Reviews & Journals

Indigenous peoples in the United States were not granted the full scope of their rights as citizens under the Constitution until the enactment of the Indian Citizenship Act of 1924. Before that—and after—several state and federal campaigns worked to stifle the civil rights of Indigenous peoples. Many of those unjust and unconstitutional policies were upheld by the Supreme Court. In the current era, the anti-pipeline protests on the edge of the Standing Rock Sioux Reservation in North Dakota sparked a new recognition of Indigenous resistance under the First Amendment—and vicious state and federal backlash against Indigenous free speech via the …


Em>Mama Tried: Shifting Thinking (And Practice) In Child Welfare Cases When A Parent Is Incarcerated, Brent M. Pattison Jan 2019

Em>Mama Tried: Shifting Thinking (And Practice) In Child Welfare Cases When A Parent Is Incarcerated, Brent M. Pattison

American University Journal of Gender, Social Policy & the Law

No abstract provided.


President Trump's Crusade Against The Transgender Community, Brendan Williams Jan 2019

President Trump's Crusade Against The Transgender Community, Brendan Williams

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Contemporary Aspects Of Female Genital Mutilation Prohibitions In The United States, Limor Ezioni Jan 2019

Contemporary Aspects Of Female Genital Mutilation Prohibitions In The United States, Limor Ezioni

American University Journal of Gender, Social Policy & the Law

No abstract provided.