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Articles 1 - 21 of 21
Full-Text Articles in Law
Redress For Historical Injustices: Haiti’S Claim For The Restitution Of Post-Independence Payments To France, Günther Handl
Redress For Historical Injustices: Haiti’S Claim For The Restitution Of Post-Independence Payments To France, Günther Handl
University of Miami Inter-American Law Review
No abstract provided.
Haiti And The Indemnity Question, Alex Dupuy
Haiti And The Indemnity Question, Alex Dupuy
University of Miami Inter-American Law Review
1) Haiti did not agree to pay an indemnity to France in 1825 because it feared a war with its former colonial power. In 1814, France sent envoys to Haiti to demand that King Henry Christophe, who controlled the north of Haiti, and President Alexandre Pétion, who controlled the south and west, resubmit to French sovereignty. Christophe had that envoy arrested and jailed. Pétion, on the other hand, offered to pay an indemnity to France to compensate the former colonial property owners in return for France’s official recognition of Haiti’s independence.
2) Jean-Pierre Boyer succeeded Pétion as president of the …
The Legacy Of Trust Promises: Native American Healthcare (Note), Hailey Trawick
The Legacy Of Trust Promises: Native American Healthcare (Note), Hailey Trawick
The Scholar: St. Mary's Law Review on Race and Social Justice
From European colonialism to the establishment of the United States, the rights, history, and independence of Native Americans have been systematically stripped away. The American government expanded rapidly, forcibly displacing indigenous populations from their native lands and moving them to reservations with inferior resources and space. During a forced removal, often instituted by treaties between American Indian tribes and the federal government, government officials offered protection and access to resources in exchange for vast tribal land. Although treaty-making with American tribes ended over a century ago, their deleterious and often broken promises continue to haunt us.
Part I of this …
The Problem Of Blackness In America: Becoming When The Being Never Comes To Be, Nkiru Anyaegbunam
The Problem Of Blackness In America: Becoming When The Being Never Comes To Be, Nkiru Anyaegbunam
Dissertations, Theses, and Capstone Projects
The problem of Blackness in America is a consequence of the historical reality and continued legacies of colonialism, the triangular trade and chattel slavery that have been facilitated through violence and capitalism. This thesis will argue that this problem that is pronounced through racialized institutional systems of violence such as mass incarceration and housing inequality, which disproportionately negatively impacts Black Americans is part of a larger discourse on the human and (mis)recognition. This violence has created a quintessential incompleteness for Black Americans who neither are recognized as citizens nor human. The problem of Blackness will be continuously grounded in this …
Taxonomy And Restorative Justice: Can We Even See The Problem?, Dominique Day
Taxonomy And Restorative Justice: Can We Even See The Problem?, Dominique Day
Journal of Race, Gender, and Ethnicity
No abstract provided.
Reparations And The International Law Origin Story, John Linarelli
Reparations And The International Law Origin Story, John Linarelli
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Myth Of The Great Writ, Leah M. Litman
The Myth Of The Great Writ, Leah M. Litman
Articles
Habeas corpus is known as the “Great Writ” because it supposedly protects individual liberty against government overreach and guards against wrongful detentions. This idea shapes habeas doctrine, federal courts theories, and habeas-reform proposals.
It is also incomplete. While the writ has sometimes protected individual liberty, it has also served as a vehicle for the legitimation of excesses of governmental power. A more complete picture of the writ emerges when one considers traditionally neglected areas of public law that are often treated as distinct—the law of slavery and freedom, Native American affairs, and immigration. There, habeas has empowered abusive exercises of …
The Land Crisis In Zimbabwe: Getting Beyond The Myopic Focus Upon Black & White, Thomas W. Mitchell
The Land Crisis In Zimbabwe: Getting Beyond The Myopic Focus Upon Black & White, Thomas W. Mitchell
Thomas W. Mitchell
This article deconstructs the role that race played in the land crisis in Zimbabwe that occurred in Zimbabwe in the late 1990s and earls 2000s. The article makes it clear that the government of Zimbabwe did not extend robust property rights to its black majority population for the most part even as it took land from large white landowners. This is revealing given that the government's primary justification for taking land from large white landowners was that the black majority unjustly owned little property in Zimbabwe as a result of colonialist and neocolonialist, discriminatory polices.
The Legacy Of British Rule On Lgbt Rights In Jamaica And The Cayman Islands, Zachary Stewart
The Legacy Of British Rule On Lgbt Rights In Jamaica And The Cayman Islands, Zachary Stewart
Master's Theses
This thesis explores the relationship between British colonial influence and Lesbian, Gay, Bisexual, and Transgender (LGBT) rights in the Caribbean. Comparing the Cayman Islands, a British Overseas Territory, and Jamaica, an independent former colony of the United Kingdom, the situation for LGBT people is evaluated. While Jamaica has serious abuses and a concerning situation for the human rights of LGBT people, the Cayman Islands’ LGBT community’s position is far less concerning. Owing to its continued connection to the United Kingdom of Great Britain and Northern Ireland, the Cayman Islands’ LGBT rights situation is much less dire. Through British influence via …
Membership Denied: Subordination And Subjugation Under United States Expansionism, Ediberto Román, Theron Simmons
Membership Denied: Subordination And Subjugation Under United States Expansionism, Ediberto Román, Theron Simmons
Ediberto Roman
As for the proposal this Article seeks to promote, the length and complexity of this undertaking hopefully demonstrates the difficulty in arriving at an easily identified solution. Century long colonial struggles by several distinct countries and millions of their inhabitants are not easily resolved. Nevertheless, there are certain procedural steps that can be undertaken which may promote the realization of self-determination. The United States should be true to its rhetoric and promote democratic efforts in these lands to achieve autonomy. It is not enough to promote self-determination for other powers' colonies. The subordination of citizens and nationals is not only …
Critical Race Theory And International Law: Convergence And Divergence, Ruth Gordon
Critical Race Theory And International Law: Convergence And Divergence, Ruth Gordon
Ruth Gordon
No abstract provided.
Sub-Saharan Africa: The Right Of Intervention In The Name Of Humanity, R. H. Payne
Sub-Saharan Africa: The Right Of Intervention In The Name Of Humanity, R. H. Payne
Georgia Journal of International & Comparative Law
No abstract provided.
Indigenous Lawyers In Canada: Identity, Professionalization, Law, Sonia Lawrence, Signa Daum Shanks
Indigenous Lawyers In Canada: Identity, Professionalization, Law, Sonia Lawrence, Signa Daum Shanks
Dalhousie Law Journal
For Indigenous communities and individuals in Canada, "Canadian" law has been a mechanism of assimilation, colonial governance and dispossession, a basis for the assertion of rights, and a method of resistance. How do Indigenous lawyers in Canada make sense of these contradictory threads and their roles and responsibilities? This paper urges attention to the lives and experiences of Indigenous lawyers, noting that the number of self-identified Indigenous lawyers has been rapidly growing since the 1990s. At the same time, Indigenous scholars are focusing on the work of revitalizing Indigenous law and legal orders. Under these conditions, Indigenous lawyers occupy a …
Tales Of Color And Colonialism: Racial Realism And Settler Colonial Theory, Natsu Taylor Saito
Tales Of Color And Colonialism: Racial Realism And Settler Colonial Theory, Natsu Taylor Saito
Florida A & M University Law Review
More than a half-century after the civil rights era, people of color in the United States remain disproportionately impoverished and incarcerated, excluded and vulnerable. Legal remedies rooted in the Constitution's guarantee of equal protection remain elusive. This article argues that the "racial realism" advocated by the late Professor Derrick Bell compels us to look critically at the purposes served by racial hierarchy. By stepping outside the master narrative's depiction of the United States as a "nation of immigrants" with opportunity for all, we can recognize it as a settler state, much like Canada, Australia, and New Zealand. It could not …
On V. Stiviano, Donald Sterling's Companion: Exploring Whiteness As Property, Imani Jackson
On V. Stiviano, Donald Sterling's Companion: Exploring Whiteness As Property, Imani Jackson
Florida A & M University Law Review
Much maligned billionaire and former Clippers owner Donald Sterling ignited national race relations discourse after his companion, V. Stiviano, was connected to the leak of a conversation in which Sterling made anti-black comments. This author posits that Sterling's command that his companion Stiviano disassociate with people of color, particularly black people, is covertly and overtly racist. Covert racism is implicit in the nature of their conversation.
This paper will focus on Stiviano's identity and the violence white men inflicted upon her because of her race and the circumstances surrounding her relationship with Sterling. This author contends that Stiviano attempted to …
Membership Denied: Subordination And Subjugation Under United States Expansionism, Ediberto Román, Theron Simmons
Membership Denied: Subordination And Subjugation Under United States Expansionism, Ediberto Román, Theron Simmons
Faculty Publications
As for the proposal this Article seeks to promote, the length and complexity of this undertaking hopefully demonstrates the difficulty in arriving at an easily identified solution. Century long colonial struggles by several distinct countries and millions of their inhabitants are not easily resolved. Nevertheless, there are certain procedural steps that can be undertaken which may promote the realization of self-determination. The United States should be true to its rhetoric and promote democratic efforts in these lands to achieve autonomy. It is not enough to promote self-determination for other powers' colonies. The subordination of citizens and nationals is not only …
The Land Crisis In Zimbabwe: Getting Beyond The Myopic Focus Upon Black & White, Thomas W. Mitchell
The Land Crisis In Zimbabwe: Getting Beyond The Myopic Focus Upon Black & White, Thomas W. Mitchell
Faculty Scholarship
This article deconstructs the role that race played in the land crisis in Zimbabwe that occurred in Zimbabwe in the late 1990s and earls 2000s. The article makes it clear that the government of Zimbabwe did not extend robust property rights to its black majority population for the most part even as it took land from large white landowners. This is revealing given that the government's primary justification for taking land from large white landowners was that the black majority unjustly owned little property in Zimbabwe as a result of colonialist and neocolonialist, discriminatory polices.
Critical Race Theory And International Law: Convergence And Divergence, Ruth Gordon
Critical Race Theory And International Law: Convergence And Divergence, Ruth Gordon
Villanova Law Review
No abstract provided.
Civilization And Commerce: The Concept Of Governance In Historical Perspective, Antony Anghie
Civilization And Commerce: The Concept Of Governance In Historical Perspective, Antony Anghie
Villanova Law Review
No abstract provided.
Critical Race Theory And Postcolonial Development Theory: Observations On Methodology, Chantal Thomas
Critical Race Theory And Postcolonial Development Theory: Observations On Methodology, Chantal Thomas
Villanova Law Review
No abstract provided.
Puerto Rico: Cultural Nation, American Colony, Pedro A. Malavet
Puerto Rico: Cultural Nation, American Colony, Pedro A. Malavet
Michigan Journal of Race and Law
This Article articulates a theory of Puerto Rican cultural nationhood that is largely based on ethnicity. In linking ethnicity and citizenship, it is imperative, however, to avoid the evils of ethnic strife and balkanization, while celebrating rather than imposing difference; community consciousness cannot degenerate into fascism.