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Full-Text Articles in Law
Design Justice In Municipal Criminal Regulation, Amber Baylor
Design Justice In Municipal Criminal Regulation, Amber Baylor
Faculty Scholarship
This Article offers a model for addressing current inequities in U.S. municipal criminal regulation through design justice theory. Historically, municipal courts in the United States have been the arbiter of minor crimes, processing traffic tickets and other low-level criminal charges. They have also served to uphold Black Codes, segregation, anti-protest laws, and “broken windows” criminal regulation. Enhancing equality in municipal courts requires meaningful participation from across the city’s populace. Participatory design- a framework within urban planning, architecture and design fields- is a practice with honed protocols for implementing meaningful participation from “users” of a place or product. The goal of …
Etched In Stone: Historic Preservation Law And Confederate Monuments, Jess R. Phelps, Jessica Owley
Etched In Stone: Historic Preservation Law And Confederate Monuments, Jess R. Phelps, Jessica Owley
Articles
This Article examines the current controversy regarding Confederate monuments. While many have focused on the removal of these commemorative objects, the legal framework regarding their protection has not been fully explored. This Article provides an in-depth understanding of the application of historic preservation laws to monument removal efforts and examines the impact of these federal, state, and local laws. The examination raises significant questions about the permanency of preservation laws generally. This Article considers how historic significance is evaluated and valued, noting the lack of flexibility and absence of mechanisms for reevaluating past protection decisions. This Article uses the Confederate …
Understanding The Complicated Landscape Of Civil War Monuments, Jessica Owley, Jess Phelps
Understanding The Complicated Landscape Of Civil War Monuments, Jessica Owley, Jess Phelps
Articles
This essay examines the controversy regarding confederate monuments and attempts to contextualize this debate within the current preservation framework. While much attention has been paid to this topic over the past year, particularly with regard to "public" monuments, such discussion has generally failed to recognize the varied and complicated property law layers involved which can fundamentally change the legal requirements for modification or removal. We propose a spectrum or framework for assessing these resources ranging from public to private, and we explore the messy space in-between these poles where most monuments actually fall. By highlighting these categories, we provide an …