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Articles 1 - 30 of 194
Full-Text Articles in Law
Religiosity In Constitutions And The Status Of Minority Rights, Brandy G. Robinson
Religiosity In Constitutions And The Status Of Minority Rights, Brandy G. Robinson
Cultural Encounters, Conflicts, and Resolutions
Minority rights and religion have never been topics that are simultaneously considered. However, arguably, the two have relevance, especially when combined with the topic and theory of constitutionalism. Historically and traditionally, minorities have been granted certain rights and have been denied certain rights under various constitutions. These grants and denials relate to cultural differences and values, arguably relating to a culture’s understanding and interpretation of religion.
This article explores the relationship and status of minority rights as it relates to religiosity and constitutionalism. Essentially, there is a correlation between these topics and research shows where certain nations have used religion …
Newsroom: Horwitz On The Role Of Grand Juries, Roger Williams University School Of Law
Newsroom: Horwitz On The Role Of Grand Juries, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
The Highly Political Supreme Court, Riley Lane Munks
The Highly Political Supreme Court, Riley Lane Munks
Student Scholar Symposium Abstracts and Posters
This paper investigates whether Republicans or Democrats support a strong Supreme Court and why. Furthermore, by analyzing data from the 2012 American National Election Survey, I will study support of the court based on gender, age, and race. Since the early 1980’s the court has taken a strong conservative direction, to the dismay of many liberals. Republicans feel comfortable sending a congressional dispute to the courts while Democrats may feel disenfranchised with the judicial process. I also believe that younger people believe the court is an outdated method of making laws and interpreting the constitution. Originally the Supreme Court was …
Privacy Doesn't Exist In A Vacuum, Dawinder S. Sidhu
Privacy Doesn't Exist In A Vacuum, Dawinder S. Sidhu
Faculty Scholarship
No abstract provided.
Brief Amicus Curiae For The National Black Law Students Association In Support Of Respondent, Texas Dep’T Of Housing And Community Affairs V. Inclusive Communities Project, Inc. (No. 13-1371), U.S. Supreme Court (January 2013) (With Deborah N. Archer & Erika L. Wood)., New York Law School Racial Justice Project
Brief Amicus Curiae For The National Black Law Students Association In Support Of Respondent, Texas Dep’T Of Housing And Community Affairs V. Inclusive Communities Project, Inc. (No. 13-1371), U.S. Supreme Court (January 2013) (With Deborah N. Archer & Erika L. Wood)., New York Law School Racial Justice Project
Racial Justice Project
No abstract provided.
An Empirical Evaluation Of The Connecticut Death Penalty System Since 1973: Are There Unlawful Racial, Gender, And Geographic Disparities?, John J. Donohue
An Empirical Evaluation Of The Connecticut Death Penalty System Since 1973: Are There Unlawful Racial, Gender, And Geographic Disparities?, John J. Donohue
John Donohue
This article analyzes the 205 death-eligible murders leading to homicide convictions in Connecticut from 1973–2007 to determine if discriminatory and arbitrary factors influenced capital outcomes. A regression analysis controlling for an array of legitimate factors relevant to the crime, defendant, and victim provides overwhelming evidence that minority defendants who kill white victims are capitally charged at substantially higher rates than minority defendants who kill minorities, that geography influences both capital charging and sentencing decisions (with the location of a crime in Waterbury being the single most potent influence on which death-eligible cases will lead to a sentence of death), and …
Windsor, Surrogacy, And Race, Khiara M. Bridges
Windsor, Surrogacy, And Race, Khiara M. Bridges
Washington Law Review
Scholars and activists interested in racial justice have long been opposed to surrogacy arrangements, wherein a couple commissions a woman to become pregnant, give birth to a baby, and surrender the baby to the couple to raise as its own. Their fear has been that surrogacy arrangements will magnify racial inequalities inasmuch as wealthy white people will look to poor women of color to carry and give birth to the white babies that the couples covet. However, perhaps critical thinkers about race should reconsider their contempt for surrogacy following the Supreme Court’s recent decision in United States v. Windsor. …
Soapbox: Racial Profiling Is An Epidemic In Canada, Sujith Xavier
Soapbox: Racial Profiling Is An Epidemic In Canada, Sujith Xavier
Law Publications
Racial profiling is an epidemic in Canada. Experts recognize racial profiling’s limitations as a policing tool. Social science researchers and lawyers suggest that racial profiling is an affront to our human rights and dignity. Much more importantly, it is unconstitutional and contrary to our shared values rooted in pluralism and fundamental freedoms. Law enforcement officials and the public nonetheless seem prepared to look past these concerns because it is necessary to protect the public from serious harm.
Racial Impact Statements: Considering The Consequences Of Racial Disproportionalities In The Criminal Justice System, Jessica Erickson
Racial Impact Statements: Considering The Consequences Of Racial Disproportionalities In The Criminal Justice System, Jessica Erickson
Washington Law Review
The American criminal justice system is currently suffering from a dramatic increase in mass incarceration and staggering rates of racial disproportionalities and disparities. Many facially neutral laws, policies, and practices within the criminal justice system have disproportionate impacts on minorities. Racial impact statements provide one potential method of addressing such disproportionalities. These proactive tools measure the projected impacts that new criminal justice laws and policies may have upon minorities, and provide this information to legislators before they decide whether to enact the law. Four states currently conduct racial impact statements, and other states are considering adopting their own versions. The …
Racial Disparity In Federal Criminal Sentences, M. Marit Rehavi, Sonja B. Starr
Racial Disparity In Federal Criminal Sentences, M. Marit Rehavi, Sonja B. Starr
Articles
Using rich data linking federal cases from arrest through to sentencing, we find that initial case and defendant characteristics, including arrest offense and criminal history, can explain most of the large raw racial disparity in federal sentences, but significant gaps remain. Across the distribution, blacks receive sentences that are almost 10 percent longer than those of comparable whites arrested for the same crimes. Most of this disparity can be explained by prosecutors’ initial charging decisions, particularly the filing of charges carrying mandatory minimum sentences. Ceteris paribus, the odds of black arrestees facing such a charge are 1.75 times higher than …
Windsor, Surrogacy, And Race, Khiara Bridges
Windsor, Surrogacy, And Race, Khiara Bridges
Faculty Scholarship
Scholars and activists interested in racial justice have long been opposed to surrogacy arrangements, wherein a couple commissions a woman to become pregnant, give birth to a baby, and surrender the baby to the couple to raise as its own. Their fear has been that surrogacy arrangements will magnify racial inequalities inasmuch as wealthy white people will look to poor women of color to carry and give birth to the white babies that the couples covet. However, perhaps critical thinkers about race should reconsider their contempt for surrogacy following the Supreme Court’s recent decision in United States v. Windsor. In …
An Unfinished Joruney: Arctic Indigenous Rights, Lands, And Jurisdiction?, Tony Penikett
An Unfinished Joruney: Arctic Indigenous Rights, Lands, And Jurisdiction?, Tony Penikett
Seattle University Law Review
The indigenous rights movement has been defined as a struggle for land and jurisdiction. Over the last forty years, American and Canadian governments made much progress on the land question in the Arctic and sub-Arctic; however, from an irrational fear of the unknown, politicians in Washington, D.C. and Ottawa have effectively blocked the pathways to aboriginal jurisdiction or self-government. During the late-twentieth century in the Yukon, Northwest Territories, and Nunavut, as well as in Nisga’a territory, indigenous governments negotiated local government powers, but continent-wide progress on the question of indigenous jurisdiction has stalled. This Article considers the formation and implementation …
Fisheries Governance And How It Fits Within The Broader Arctic Governance, Adam Soliman
Fisheries Governance And How It Fits Within The Broader Arctic Governance, Adam Soliman
Seattle University Law Review
Climate change is causing the Arctic ice to melt and fish stocks to change their migration patterns. These changes are increasing access to Arctic fisheries, as well as moving other fish stocks to the north. To prevent the depletion of fish stocks and to protect the Arctic environment, proper fisheries governance requires collaboration between nation-states and specific populations. Fisheries present unique governance and management issues. Unlike other natural resources, fish stocks do not stay in the same place. The non-stationary nature of fish stocks, along with shared sovereignty over the oceans, make coordination between stakeholders the most difficult as well …
Conceptualizing Climate Justice In Kivalina, Marissa Knodel
Conceptualizing Climate Justice In Kivalina, Marissa Knodel
Seattle University Law Review
Due to climate change, indigenous communities in Alaska are forced to develop in ways that adversely affect their livelihoods and culture. For example, decreases in sea ice, increases in the frequency of sea storms, and melting permafrost have so accelerated the erosion of one barrier island that an entire village faces relocation. These indigenous communities, which have contributed little to causing climate change, are limited in their ability to adapt. After examining three broad questions about the effects of climate change on indigenous communities, this Article reaches four preliminary conclusion about relocation as a climate adaptation strategy and its relations …
Oil And Gas In America's Arctic Ocean: Past Problems Counsel Precaution, Michael Levine, Peter Van Tuyn, Layla Hughes
Oil And Gas In America's Arctic Ocean: Past Problems Counsel Precaution, Michael Levine, Peter Van Tuyn, Layla Hughes
Seattle University Law Review
This Article provides context for the controversy facing government agencies charged with making decisions about the future of America’s Arctic Ocean. It then distill themes that, if addressed, could help further a lasting solution for this region that respects its natural and human values while crafting a reasonable path forward for decisions about development. First, this Article offers background about the region, the threats facing it, and some of the challenges in managing the natural resources there. Second, it provides an overview of the legal framework through which the United States government makes decisions about whether and under what conditions …
Closing The Doors To Justice: A Critique Of Pimentel V. Dreyfus And The Application Of Legal Formalism To The Elimination Of Food Assistance Benefits For Legal Immigrants, Hannah Zommick
Seattle University Law Review
This Comment contends that the Ninth Circuit’s opinion in Pimentel v. Dreyfus employed a legal formalist approach and that by applying this framework, the court prevented legal immigrants, who were caught between the strict eligibility restrictions of welfare reform, from asserting their rights through the justice system. The legal formalist approach “treats the law as a set of scientific formulae or principles that are derived from the study of case law. These principles create an internal analytical framework which, when applied to a set of facts, leads the decision maker, through logical deduction, to the correct outcome in a case.” …
Extracting More Than Resources: Human Security And Arctic Indigenous Women, Victoria Sweet
Extracting More Than Resources: Human Security And Arctic Indigenous Women, Victoria Sweet
Seattle University Law Review
The circumpolar Arctic region is at the forefront of rapid change, and with change come potential threats to human security. Numerous factors determine what makes a state, a community, or an individual feel secure. For example, extractive industry development can bring economic benefits to an area, but these development projects also bring security concerns, including potential human rights violations. While security concerns connected with development projects have been studied in southern hemisphere countries and countries classified as “developing,” concerns connected with extractive industry development projects in “developed” countries like the United States have received little attention. This Article will change …
Changes In Latitudes Call For Changes In Attitudes: Towards Recognition Of A Global Imperative For Stewardship, Not Exploitation, In The Arctic, Taylor Simpson-Wood
Changes In Latitudes Call For Changes In Attitudes: Towards Recognition Of A Global Imperative For Stewardship, Not Exploitation, In The Arctic, Taylor Simpson-Wood
Seattle University Law Review
For more than two centuries, the imagination of mariners has been captured by visions of a trade route across the Arctic Sea allowing vessels to travel from the Atlantic to the Pacific Ocean. Known as the Northwest Passage, this fabled route is a time- and money-saving sea lane running from the Atlantic Ocean Arctic Circle to the Pacific Ocean Arctic Circle. Now, the thinning of the ice in the Arctic may transform what was once only a dream into a reality. New shipping lanes linking the Atlantic and Pacific oceans are likely to open between 2040 and 2059. If loss …
United States Policy And Norwegian Commercial Whaling: A Cooperative Approach, Jamie Nystrom
United States Policy And Norwegian Commercial Whaling: A Cooperative Approach, Jamie Nystrom
Seattle University Law Review
Both the United States and Norway have a long history of commercial whaling, but the mantle of dominance in the whaling world passed from the United States to Norway in the mid-nineteenth century. As demand for whale-based products declined in the United States over the past century, and environmentalism and conservationism became more popular public ideologies, the United States shifted from a pro-whaling nation to, effectively, an anti-whaling nation. Norway, however, has continued to be the only nation that openly engages in commercial whaling for profit, albeit on a smaller scale in comparison to historical practices. The United States’ past …
We Don't Need A "Right To Be Forgotten." We Need A Right To Evolve, Dawinder S. Sidhu
We Don't Need A "Right To Be Forgotten." We Need A Right To Evolve, Dawinder S. Sidhu
Faculty Scholarship
The sad symptom of a judgmental culture
Do Away With Race-Based Annual Academic Data, Tan K. B. Eugene
Do Away With Race-Based Annual Academic Data, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In a commentary, SMU Associate Professor of Law and former Nominated Member of Parliament Eugene Tan urged for the Ministry of Education to stop publishing race-based academic data for national examinations. This includes the Primary School Leaving Examination, and the GCE O- and A-Levels. He felt that at a time when the Chinese, Malay, Indian and Others racial classification is less relevant, with more inter-racial and international marriages, we must do away with racial stereotypes or notions of cultural deficits, because they undermine the very students we seek to help.
And Stay Out! The Dangers Of Using Anti-Immigrant Sentiment As A Basis For Social Policy: America Should Take Heed Of Disturbing Lessons From Great Britain's Past, Kevin C. Wilson
Georgia Journal of International & Comparative Law
No abstract provided.
Empowering And Protecting Patients: Lessons For Physician-Assisted Suicide From The African-American Experience, Leslie E. Wolf, Patricia A. King
Empowering And Protecting Patients: Lessons For Physician-Assisted Suicide From The African-American Experience, Leslie E. Wolf, Patricia A. King
Leslie E. Wolf
No abstract provided.
The Diversity Dichotomy: The Supreme Courts Reticence To Give Race A Capital R, Tanya M. Washington
The Diversity Dichotomy: The Supreme Courts Reticence To Give Race A Capital R, Tanya M. Washington
Tanya Monique Washington
No abstract provided.
Critical Race Theory As International Human Rights Law, Natsu Taylor Saito
Critical Race Theory As International Human Rights Law, Natsu Taylor Saito
Natsu Taylor Saito
No abstract provided.
Finding Our Voices, Teaching Our Truth: Reflections On Legal Pedagogy And Asian American Identity, Natsu Taylor Saito
Finding Our Voices, Teaching Our Truth: Reflections On Legal Pedagogy And Asian American Identity, Natsu Taylor Saito
Natsu Taylor Saito
No abstract provided.
Decolonization, Development, And Denial, Natsu Taylor Saito
Decolonization, Development, And Denial, Natsu Taylor Saito
Natsu Taylor Saito
No abstract provided.
Life And Legal Fiction: Reflections On Margaret Montoya's Máscaras, Trenzas, Y Greñas, Natsu Taylor Saito
Life And Legal Fiction: Reflections On Margaret Montoya's Máscaras, Trenzas, Y Greñas, Natsu Taylor Saito
Natsu Taylor Saito
This essay is based on a presentation made as part of “Un/Masking Power: The Past, Present, and Future of Marginal Identities in Legal Academia,” a symposium sponsored by the UCLA Chicana/o-Latina/o Law Review, April 5, 2013.
Complementarity And Post-Coloniality, Nirej S. Sekhon
Complementarity And Post-Coloniality, Nirej S. Sekhon
Nirej Sekhon
The International Criminal Court’s jurisdiction is complementary to that of national criminal jurisdictions. While most agree that complementarity is a cornerstone principle, debate continues as to what precisely it should mean for the ICC’s relationship to national criminal justice actors. “Positive complementarity,” a view many commentators hold, suggests that the ICC should use its power to educate, persuade, and prod states parties to undertake international criminal law investigations. For positive complementarity’s more optimistic proponents, the future holds promise for a coordinated system of global justice in which the ICC plays a secondary role to national courts in vindicating international criminal …
Why The Supreme Court Beard Case Matters, Dawinder S. Sidhu
Why The Supreme Court Beard Case Matters, Dawinder S. Sidhu
Faculty Scholarship
No abstract provided.