Law Commons^™

Latina And Latino Critical Legal Theory: Latcrit Theory, Praxis And Community, Marc Tizoc Gonzaléz, Sarudzayi M. Matambanadzo, Sheila I. Velez Martinez

Articles

LatCrit theory is a relatively recent genre of critical “outsider jurisprudence” – a category of contemporary scholarship including critical legal studies, feminist legal theory, critical race theory, critical race feminism, Asian American legal scholarship and queer theory. This paper overviews LatCrit’s foundational propositions, key contributions, and ongoing efforts to cultivate new generations of ethical advocates who can systemically analyze the sociolegal conditions that engender injustice and intervene strategically to help create enduring sociolegal, and cultural, change. The paper organizes this conversation highlighting Latcrit’s theory, community and praxis.

The Changing Landscape Of Women’S Rights Activism In China: The Continued Legacy Of The Beijing Conference, Rangita De Silva De Alwis, Katherine A. Schroeder

All Faculty Scholarship

The Beijing Conference was a watershed moment in the history of the global women’s movement and had an unprecedented impact in the Global North and South on lawmaking, institution building, and movement building. This Article details the development of women’s activism in China since the Beijing Conference and how a changing legal landscape impacts this activism. While its progress is emblematic of the inconsistencies in the progression of women’s rights activism since the Beijing Conference, China’s efforts have been significant and varied and represent a model for other countries seeking to reform women’s rights legislation. This Article identifies important lines …

“Time Is A-Wasting”: Making The Case For Cedaw Ratification By The United States, Rangita De Silva De Alwis, Melanne Verveer

All Faculty Scholarship

Since President Carter signed the Convention for the Elimination of All Forms of Discrimination Against Women (the “CEDAW” or the “Convention”) on July 17, 1980, the United States has failed to ratify the Convention time and again. As one of only a handful of countries that has not ratified the CEDAW, the United States is in the same company as Sudan, Somalia, Iran, Tonga, and Palau. When CEDAW ratification stalled yet again in 2002, then-Senator Joseph Biden lamented that “[t]ime is a-wasting.”

Writing in 2002, Harold Koh, former Assistant Secretary of State for Democracy, Human Rights, and Labor, bemoaned America’s …

Addressing Allyship In A Time Of A “Thousand Papercuts”, Rangita De Silva De Alwis

All Faculty Scholarship

In 2020, a team of students in the class on Women, Law and Leadership students interviewed 100 male law students on their philosophy on leadership and conducted several surveys on allyship and subtle bias. Complementing the allyship interviews, the class developed several survey instruments to examine emerging bias protocols and stereotype threats among a new generation of leaders at Penn Law from a diverse demographic. This exploration looked at individual patterns of conduct, institutional policies and organizational behavior that could combat a new generation of structural and systemic biases. Thirty years after the landmark study by Lani Guinier, we look …

Reckoning With Race And Disability, Jasmine E. Harris

All Faculty Scholarship

Our national reckoning with race and inequality must include disability. Race and disability have a complicated but interconnected history. Yet discussions of our most salient socio-political issues such as police violence, prison abolition, healthcare, poverty, and education continue to treat race and disability as distinct, largely biologically based distinctions justifying differential treatment in law and policy. This approach has ignored the ways in which states have relied on disability as a tool of subordination, leading to the invisibility of disabled people of color in civil rights movements and an incomplete theoretical and remedial framework for contemporary justice initiatives. Legal scholars …

What I Learned About Teaching Law By Being An Art Student, Michael T. Colatrella

McGeorge School of Law Scholarly Articles

When was the last time you learned a skill? I’m not referring to the time your twelve-year-old daughter taught you how to use the latest social media platform. I mean when was the last time you learned to do something that takes months or years of concerted effort to reach a level of competence? A few years ago, I did just that. I learned to draw and paint. My goal was not to be a professional artist. My goal was to become competent in drawing and painting for pleasure. As with many of us, drawing and painting were parts of …

America’S Presidential Crisis Of Legitimacy: How The Electoral College Became Obsolete And How We Can Fix It, Julia Rose Foodman

Scripps Senior Theses

The goal of this thesis is to critique the current American Presidential electoral system, the Electoral College, and to show what an alternative could potentially mean for the American people. This paper seeks to answer the following questions: What are the main arguments for the Electoral College, why are they troubling, and how can we mend American Presidential elections for the greater purposes of political equality, democracy, and freedom? To do so, core arguments made by conservative pundits in favor of the Electoral College are outlined in order to bring attention to their logical, political, and moral inconsistencies. The inequalities …

Distribution, Bars, And Arcade Stars: Joe Anthony’S Entrepreneurial Expansion In Houston’S Gay Media Industries, Finley Freibert

Faculty Scholarship

This article develops the concept of "gay useful media" to explore a case study of gay entrepreneurship in Houston, Texas, of the 1970s. A father and son developed a gay media empire in the city, which spanned bars, bookstores, distribution, and vending. One of the pair's key establishments was Houston's legendary gay bar Mary's at 1022 Westheimer (also known as Mary's Lounge, Mary's, Naturally, and Mary's…Naturally).

Assessing President Obama’S Appointment Of Women To The Federal Appellate Courts, Laura Moyer

Faculty Scholarship

A major legacy of the Obama presidency was the mark he left on the federal courts with respect to increasing judicial diversity. In particular, President Obama’s appointments of women to the federal judiciary exceeded all previous presidents in terms of both absolute numbers and as a share of all judges; he also appointed a record-setting number of women of color to the lower federal courts. In this Article, I take an intersectional approach to exploring variation in the professional backgrounds, qualifications, and Senate confirmation experiences of Obama’s female appeals court appointees, comparing them with George W. Bush and Bill Clinton …

Past Prescient, Christopher Tomlins

University of Colorado Law Review

No abstract provided.

Greedy Bat Eaters Versus Cruel Pig Killers: The Lose-Lose Battle Of Divisive Discourse, Angela Lee

Animal Studies Journal

Unsurprisingly, the circumstances and challenges brought about by the COVID-19 pandemic have generated strong reactions. Among the more notable, Canadian musician and animal activist Bryan Adams made headlines when he went on a tirade on social media denouncing ‘fucking bat eating, wet market animal selling, virus making greedy bastards’ and advocating for veganism. This article uses this incident as a prism through which to examine the values and assumptions informing some of the central debates within the mainstream animal advocacy movement today. Certainly, there is an urgent need for a critical re-evaluation of the policies and practices that have created …

Non-Indian Reservations, Joshua Matthew Rosenau

Graduate Student Theses, Dissertations, & Professional Papers

This thesis is a skeptical treatment of the logical distinctions presumed to exist between “Indian” and “non-Indian” people. Despite representing 99 percent of the U.S. population, “non-Indians” represent a legal identity which has no explicit definition. The basis for the U.S. Supreme Court’s decisions regarding non-Indians and Indians rests not on any objective, empirical or logical criterion or proof, but rather on the “assumption of a ‘guardian-ward’ status. This thesis investigates this assumption, and recommends that we suspend judgment on whether the difference between “Indians” and “non-Indians” can be determined either by logical argument or by legal assumption.

Lawyers For White People?, Jessie Allen

Articles

This article investigates an anomalous legal ethics rule, and in the process exposes how current equal protection doctrine distorts civil rights regulation. When in 2016 the ABA Model Rules of Professional Conduct finally adopted its first ever rule forbidding discrimination in the practice of law, the rule carried a strange exemption: it does not apply to lawyers’ acceptance or rejection of clients. The exemption for client selection seems wrong. It contradicts the common understanding that in the U.S. today businesses may not refuse service on discriminatory grounds. It sends a message that lawyers enjoy a professional prerogative to discriminate against …

Narrative Justice: Somebody Delivers The Answers That Police Will Not, Neroli Price

RadioDoc Review

By investigating Courtney Copeland’s 2016 murder, the podcast series Somebody (2020) does the work that should be done by police. Narrated by Courtney’s mom, Shapearl Wells, the series not only decentres the official police narrative, but also opens up alternative paths towards seeking justice. Situated within the Black Lives Matter movement, calls to defund the police and questions about the usefulness of “objectivity” in journalism, Somebody attempts to put systemic violence on trial and hold those in power to account. Challenging extractive forms of journalism, Somebody moves towards a model of shared authority between producers and their sources. This review …

Deported Veterans: The Unintended Consequences Of “Good Moral Character”, Jonathan Deras

Master's Theses

The purpose of this research is to argue that U.S. immigration policy, specifically the 1996 IIRIRA (also known as IIRAIRA), needs to change regarding the legal treatment of immigrant U.S. military veteran deportees due to the following concepts. The first concept is to articulate how the criminalization of immigration, and how the military system intersects to facilitate the Deportation of U.S veterans. A key concept in this analysis is the standard of “good moral character” set by the U.S. government that enlistees need to meet to be accepted into the military; this standard is also used against immigrant veterans during …

The Impact Of Cultural Heritage On Japanese Towns And Villages, Yuichiro Tsuji Dr.

Seattle Journal of Technology, Environmental, & Innovation Law

In 1954, when historically significant clays and clay pots were found in the Iba district of Shizuoka prefecture, the city applied to the prefectural education committee for a historic site designation. The committee granted this designation to the city..

However, in 1973 the education committee lifted its permission to promote development around the location. Historians have sought revocation of this decision under the Administrative Case Litigation Act (ACLA), but the Supreme Court has denied standing. By denying standing, the Japanese Supreme Court allows the prefecture to destroy a historical site.

First, this paper seeks to discuss the doctrine of standing …

Mission-Centered Collaborative Bridges To Increase Stem Motivations, Colleen Duffy

Journal of Vincentian Social Action

Many school administrators are enthusiastic about implementing new educational initiatives but have their plans thwarted because they are faced with the reality of insufficient resources. This can greatly limit the expansion of K-12 educational programs and deprive students of valuable learning opportunities. Additionally, teacher preparation programs are required to meet state mandates such as providing field experiences for preservice teachers that promote the authentic application of knowledge in PK-12 classrooms, but regional competition for placement opportunities create tremendous obstacles for higher education faculty. This essay describes the creation and implementation of a mission-centered mutually beneficial K-12 and intercollegiate partnership that …

Building Teacher Empathy And Culturally Responsive Practice Through Professional Development And Self-Reflection, Barbara S. Rieckhoff, Melissa Ockerman, Amira Proweller, James Wolfinger

Journal of Vincentian Social Action

Today’s teachers face growing demands and mandates to support every aspect of a student’s academic success, with additional expectations to support students’ social and emotional needs both inside and outside of the classroom. In the face of increasing student cultural, racial and linguistic diversity, the teaching pool remains relatively homogeneous, consisting largely of white, European-American educators. This disconnect between the lived experiences of teachers and their students makes it difficult for teachers to value and connect to a diverse student body. This qualitative study explores how a collaborative multi-tiered critical professional development model between a non-for-profit organization and a University, …

Symbolic Boundaries And The Clinical Preparation Of Teacher Candidates, Bilge Cerezci, Donald Mcclure

Journal of Vincentian Social Action

The purpose of this essay is to make sense of the two divides in the clinical preparation of teacher candidates: (1) between professional knowledge and skilled practice, and (2) between university-based courses and school-based field experiences. This essay extends the work of Lamont and Molnár (2002) to conceptualize symbolic boundaries related to these two divides. Within this framework, a review of the research highlights three main implications. First, teacher education programs need to design teaching and learning experiences that allow teacher candidates to use the professional knowledge they have gained through their university courses across multiple educational settings. Second, such …

Improving Co-Teachers Relationships, Asher Samuel

Journal of Vincentian Social Action

Co-teaching is an instructional strategy wherein two teachers, a general education teacher and a special education teacher, share instructional responsibilities in a general education class that includes students with disabilities (SWDs) (Friend, 2010). An important component of co-teaching is the relationship between the teachers (Kohler-Evans, 2006), which has been described as a professional marriage (Friend, 2010). However, there is limited information on factors influencing the relationship. This study investigated if teaching experience affects co-teachers’ perception of teamwork. Participants included special and general education co-teachers from eight public school districts in New York City. Co-teachers from grades K-12 completed the Tuckman …

The Impact Of Universally Accelerating Eighth Grade Mathematics Students On Participation And Achievement, Patrick Walsh

Journal of Vincentian Social Action

In New York State students are traditionally scheduled to take Algebra I in their first year of high school mathematics. However, in many schools, the “top” students in a cohort have access to this course in eighth grade, tracking these high-achieving students ahead of their lower-achieving peers. In response, some schools have adopted the policy of “Algebra for all” in eighth grade – called universal acceleration. While this policy ensures equal access to a challenging curriculum for all students, regardless of race, socioeconomic status, and prior achievement, there is a concern that not all students are developmentally ready to take …

Jovsa Education Special Issue: Introduction, Erin Fahle

Journal of Vincentian Social Action

No abstract provided.

Table Of Contents

Journal of Vincentian Social Action

No abstract provided.

Editors

Journal of Vincentian Social Action

No abstract provided.

Cover

Journal of Vincentian Social Action

No abstract provided.

Setting The Record Straight: Citizens’ First Amendment Right To Video Police In Public, Denae Lynn D'Arcy

Annual Research Symposium of the College of Communication and Information

There is an alarming trend in the United States of citizens being arrested for videotaping police officers in public. Cell phones with video capabilities are ubiquitous and people are using their phones to document the behavior of police officers in a public place. The goal of this paper is to study the trend of citizen arrests currently in the news and recommend solutions to the problem of encroachment upon First Amendment rights through case law.

The Crossroads Of Wellness And Second Victim Syndrome: Identifying Factors That Alter The Pathway Of Caregiver Recovery Following An Unanticipated Adverse Patient Outcome, Kimia Zarabian, A. Katharine Hindle, Ivy Benjenk, Anita Vincent, Jamil M. Kazma, Benjamin Shambon, Raymond Pla, Eric Heinz

Journal of Wellness

Introduction: Second Victim Syndrome (SVS) describes the phenomenon in which a caregiver experiences a traumatic psychological and emotional response to an adverse patient event or medical error. Using quantitative survey analysis, we aim to better understand the personal factors that affect SVS development and recovery.

Methods: Caregivers at a small urban academic medical center who had experienced an adverse patient event in the past six months were invited to take part in this institution-wide, voluntary, quantitative, cross-sectional study. Three surveys were administered; the Holmes-Rahe Life Stress Inventory (HRLSI) was used as a surrogate to measure stressful life events. The …

Final Report: Internship At Hull And Hull Llp, Samantha Henderson-Whaley

SASAH 4th Year Capstone and Other Projects: Publications

Over the summer of 2020 I completed a remote internship at Hull & Hull LLP, an estates law firm in Toronto, for the SASAH experiential learning course. Hull & Hull handles estates and trusts litigation. I worked on digitizing charts for a passing of accounts (which is a court audit of a fiduciary’s accounting) for which there have been a considerable number of objections that we had to either refute or attempt to resolve, or there would be a trial. I was responsible for linking evidentiary material to the existing charts in order to ensure that the information was presentable …

Pirate Radio Proves Invaluable To Immigrant Communities During The Pandemic — But The Fcc Isn’T Having It, May Olvera

Capstones

In January 2020, congress passed the PIRATE Act into law, expanding the legal consequences for operating pirate radio tenfold. Although the FCC claims that the reason they are cracking down on pirate stations — that is, stations broadcasting on regulated airwaves without an FCC license — is that they could interfere with emergency messaging, the pandemic has proven otherwise; there is no evidence of pirates interfering with official safety warnings. In fact, most pirate stations are run by immigrants speaking in their native tongue and they have been able to provide vulnerable and underserved communities with the information they need …

The Vampire That Refused To Die: Dracula And Nosferatu, Louis J. D'Alton

Proceedings from the Document Academy

This paper considers the efforts of the Stoker estate to stop an infringing work, Nosferatu, in a new medium while simultaneously attempting to create new vehicles to exploit the legacy of Dracula. Focusing on the works as they pass and transform through overlapping and related frames allows the consideration of both the private and public lives of the document. It also highlights the limitations of policy frames and the continuing relevance of these historical processes in discussions of the document.