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Africana Legal Studies: A New Theoretical Approach To Law & Protocol, Angi Porter

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INTRODUCTION: In 1743, a group of enslaved Africans from various estates in French colonial New Orleans gathered, held a musical ceremony sung in their native language, and discussed the actions and fate of a slaveholder named Corbin. Earlier, Corbin had threatened to shoot one of the enslaved Africans in this group, and Corbin’s brother then actually shot that person with a gun loaded with salt. Now, as the group of Africans gathered, they determined that Corbin had to die. Two months later, Corbin disappeared and was never found.

If we use a traditional (Western) legal framework to describe this …

The Emerging Shape Of Global Justice: Retrogression Or Course Correction?, Diane Orentlicher

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No abstract provided.

Legal Diplomacy In An Age Of Authoritarianism, Fernanda Giorgia Nicola Dr.

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No abstract provided.

The Balkanization Of Data Privacy Regulation, Fernanda Giorgia Nicola Dr.

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No abstract provided.

Equality Is A Brokered Idea, Robert Tsai

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This essay examines the Supreme Court's stunning decision in the census case, Department of Commerce v. New York. I characterize Chief Justice John Roberts' decision to side with the liberals as an example of pursuing the ends of equality by other means – this time, through the rule of reason. Although the appeal was limited in scope, the stakes for political and racial equality were sky high. In blocking the administration from adding a citizenship question to the 2020 Census, 5 members of the Court found the justification the administration gave to be a pretext. In this instance, that lie …

Speech Across Borders, Jennifer Daskal

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As both governments and tech companies seek to regulate speech online, these efforts raise critical, and contested, questions about how far those regulations can and should extend. Is it enough to take down or delink material in a geographically segmented way? Or can and should tech companies be ordered to takedown or delink unsavory content across their entire platforms—no matter who is posting the material or where the unwanted content is viewed? How do we deal with conflicting speech norms across borders? And how do we protect against the most censor-prone nation effectively setting global speech rules? These questions were …

In Search Of The Final Head Ball: The Case For Eliminating Heading From Soccer,, N. Jeremi Duru

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Soccer is unquestionably the world's most popular sport. Two hundred and eleven countries have national soccer associations, hundreds of millions of people across the globe play recreationally, and Federation Internationale de Football Association's ("FIFA") quadrennial World Cup soccer tournament is unchallenged as the highest profile4 and highest grossing sporting competition on Earth. Notwithstanding its popularity, however, soccer sits at a troubling crossroads as the sport's governing bodies grapple with the impact that the risk of brain injury is having on the game. Soccer is, of course, not alone in this regard. The risk of brain injury exists in all team …

Using Global Migration Law To Prevent Human Trafficking, Janie Chuang

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Our understanding of human trafficking has changed significantly since 2000, when the international community adopted the first modern antitrafficking treaty-the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Trafficking Protocol).' Policy attention has expanded beyond a near-exclusive focus on sex trafficking to bring long-overdue attention to nonsexual labor trafficking. That attention has helped surface how the lack of international laws and institutions pertaining to labor migration can enable-if not encourage -the exploitation of migrant workers. Many migrant workers throughout the world labor under conditions that do not qualify as trafficking yet suffer significant rights …

A Legal Perspective On Yemen's Attempted Transition From A Unitary To A Federal System Of Government, Paul Williams, Tiffany Sommadossi, Ayat Mujais

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Yemen's 2013-2014 National Dialogue Conference paved the way for Yemen to transition from a unitary to federal system of government. This is a common trajectory for States emerging from conflict as federalism offers the hope for greater democratic governance and inclusivity. Nevertheless, there is a danger in assuming that there is an ideal federal model to emulate or that federalism is itself a guaranteed remedy for political dysfunction and authoritarianism. Transitioning to federalism is an arduous, expensive, and technically complicated process. Such transitions can also renew conflict if, prior to the drafting of the federal constitution, key issues related to …

Freeing The Law, Khelani Clay

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No abstract provided.

President Obama's Approach To The Middle East And North Africa: Strategic Absence, Paul Williams

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Many commentators argue that the White House does not have a policy regarding the Middle East and North Africa. Based on observations of the White House's foreign policy decisions over a breadth of seven years, this article argues that The White House does have a clear policy and it is one of Strategic Absence. The term Strategic Absence is used to describe political behavior that arises from a belief that sometimes, in foreign affairs, it is better to be absent rather than present. Strategic Absence has led to a degradation of American influence in the Middle East and has contributed …

Giving As Governance: Philanthrocapitalism And Modern-Day Slavery Abolitionism, Janie Chuang

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This Essay examines the potential influence of a new breed of actor in the global antitrafficking arena: the venture philanthropist, or "philanthrocapitalist." Philanthrocapitalists have already helped rebrand "trafficking" as "modern-day slavery," and have expressed their ambitions to lead global efforts to eradicate the problem. With their deep financial resources and access to powerful networks, philanthrocapitalists hold tremendous power to shape the future trajectory of the antitrafficking movement. this Essay warns, however, against the possibility that philanthrocapitalists could also reconfigure the landscape of global antitrafficking policymaking, marginalizing or even displacing other actors' efforts to address the problem.

Expunging America's Rap Sheet In The Information Age, Jenny Roberts

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"Getting a Second Chance After a Criminal Record.", "Want to Expunge Your Record?', "South Carolina Debating If It Should be Easier to Expunge a Brush with the Law." "Making a Fresh Start in Little Village." These are only some of the headlines of newspaper articles and television segments that came up in a Google Alert for "expungement" during one typical week in late 2014. The same week, in Cincinnati, Ohio, city council members backed expungement of low-level marijuana convictions. Expungement news that week was not limited to the United States. In Jamaica, the legislature passed a bill that allows expungement …

Soft Whistleblowing, Amanda Leiter

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This Article explores the underappreciated role that agency insiders play in directing outside oversight of their employer agencies and, in turn, manipulating agency policy development. Specifically, the Article defines, documents, and evaluates the phenomenon of "soft whistleblowing"-an agency employee's deliberate, unsanctioned, substantive, and instrumental disclosure of nonpublic information about issues of policy. This phenomenon is ubiquitous but has received no systematic attention in the academic literature. As the Article demonstrates, agency employees regularly engage in soft whistleblowing to congressional staff, journalists, and agency watchdog groups, in an effort to bring outside pressure to bear on their employer agencies to shift …

Exploitation Creep And The Unmaking Of Human Trafficking Law, Janie Chuang

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The U.S. government and influential NGOs have been promoting a greatly expanded legal and policy understanding of the problem of human trafficking, recasting forced labor as trafficking, and trafficking as "modern-day slavery." The aggregate effect is a doctrinally problematic "exploitation creep." For strong legal and policy reasons, anti-trafficking efforts should target struc- tural vulnerability to trafficking through strengthened labor frameworks. On the same grounds the article contests initiatives to conflate human trafficking with slavery and to address trafficking primarily under an ex post crime-control par- adigm focused on perpetrator accountability and victim protection.

Preventing Mass Atrocity Crimes: The Responsibility To Protect And The Syria Crisis, Paul Williams, J. Trevor Ulbrick, Jonathan Worboys

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The Responsibility to Protect (R2P) is a complicated and "emerging norm"' of international law that seeks to provide a means for the international community to prevent mass atrocity crimes occurring within the boundaries of a sovereign state.' Since its emergence in 2001, in the wake of humanitarian tragedies in Bosnia, Rwanda, Kosovo, and Darfur, R2P has been hailed as a way of resolving what one commentator called the "problem from hell."3 Under R2P, however, the use of force is reserved for actions within the UN Charter's Chapter VII framework. As the Syria crisis has demonstrated, this position continues to hinder …

Equality Dissonance: Jurisprudential Limitations And Legislative Opportunities, Lia Epperson

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In his pivotal concurrence in Parents Involved in Community Schools v. Seattle School District No. 1 Justice Kennedy articulated two fundamental strains of an equality ideal for addressing systemic racial segregation and inequality in public education: he eloquently underscored the critical importance of racial integration for educational equity, and reiterated the essential role of the political branches in facilitating this integration. Kennedy noted the compelling government interest in decreasing the effects of de facto racial segregation and isolation and recognized the fallacy of a public/private distinction in defining the constitutional violation of racially segregated educational environments: The plurality opinion is …

Legal Education Reform, Claudio Grossman

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No abstract provided.

Patient Negligence: The Unreasonableness Of Relying On Trust, Song Richardson

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This project initiates a conversation about patient negligence and trust in the medical setting and offers a test to determine whether patient negligence should be considered in litigation. The project examines the line at which a physician’s impermissible conduct should become reasonably obvious to a patient and therefore trigger a reasonable response. Absent a reasonable response by patients, this project considers whether comparative negligence attaches. Goodwin and Richardson argue due diligence, an aspect of loyalty, is treated as a value fiduciaries owe their clients, rather than a reasonable step that clients owe themselves.

In this collaboration, the authors imagine and …

Ignorance Is Effectively Bliss: Collateral Consequences, Silence, And Misinformation In The Guilty-Plea Process, Jenny Roberts

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In the 2009-2010 term, the U.S. Supreme Court will decide if it matters whether a criminal defense lawyer correctly counsels a client about the fact that the client faces deportation as a result of a guilty plea. Under prevailing constitutional norms in almost every jurisdiction, a lawyer does not have a duty to tell her client about many serious but "collateral" consequences of a guilty plea. Yet, in every jurisdiction that has considered the issue, that very same lawyer will run afoul of her duties if she affirmatively misrepresents a collateral consequence-every jurisdiction, that is,except Kentucky. The Supreme Court of …

The Dangers Of Equitable Remedies, Mary Siegel

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Introduction: "While Delaware jurisprudence is renowned for its clarity and sophistication, one area of its corporate case law is, by design, uncharacteristically ambiguous: equitable remedies. One Delaware judge summarized his equitable powers as follows: " [T]his court will use its 'broad discretion to tailor [a remedy] to suit the situationas it exists.' As Delaware has long recognized, 'the Court of Chancery [has] the inherent powers of equity to adapt its relief to the particular rights and liabilities of each party." The most well known of the equitable remedies is the Schnell doctrine, which allows the court to invalidate conduct that …

Going Private: Three Doctrines Gone Astray, Mary Siegel

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Introduction: "Much attention has been devoted to the seeming inconsistency in the Delaware Supreme Court's holdings that predicate the choice of monitor governing a going-private transaction based on the form of the transaction. Weinberger v. UOP, Inc.' is the beacon of going private law, requiring controlling shareholders in a conflict-of-interest long-form merger to prove the entire fairness of that transaction. Kahn v. Lynch Communication Systems, Inc. reinforced Weinbergds holding by requiring the entire fairness monitor in long-form mergers even where the controlling shareholders have provided a method to immunize their controlling influence. Against this stalwart adherence to the entire fairness …

Empiricism And International Law: Insights For Investment Treaty Dispute Resolution, Susan Franck

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While scholars in the United States increasingly focus on the empirical dimension of legal scholarship, there have been challenges in using empiricism to explore international legal issues. Rather than relying on logic or instinct alone, empirical methodologies can provide scholars with tools to gain new facts, see existing ideas through a different lens, and engage in a more nuanced analysis of international law phenomena. There appears to be a natural synergy between empiricism and international investment treaty dispute resolution. With calls for trade time outs by U.S. presidential candidates, there is interest in how investment treaties function, whether they achieve …

The Jurisdictional Heritage Of The Grand Jury Clause, Roger A. Fairfax

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No abstract provided.

True Integration: Advancing Brown's Goal Of Educational Equity In The Wake Of Grutter, Lia Epperson

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The late Supreme Court Justice Thurgood Marshall, founder of the NAACP Legal Defense Fund ("LDF"), and head of the legal team that litigated Brown v. Board of Education,' knew well the challenges that desegregation posed in a nation founded on a system of racial subjugation and white supremacy. A full thirty years after Brown, he acknowledged: Desegregation is not and was never expected to be an easy task. Racial attitudes ingrained in our Nation's childhood and adolescence are not quickly thrown aside in its middle years.... In the short run, it may seem to be the easier course to allow …

Judging Art, Christine Farley

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What is art? Surprisingly, this question is addressed in various places in the law. At these junctures, courts typically attempt to avoid making a judgment. Indeed, the law generally resists any definition of art. The reasons given for this are that these determinations are too subjective for the courts and that judges lack proper training and expertise. Thus, the doctrine of avoidance is the most stable and explicitly stated proposition to be found in these encounters. However, the question of whether an object is a work of art for treatment under the law is often unavoidable. This question gets resolved …

Connection, Capacity And Morality In Lawyer-Client Relationships: Dialogues And Commentary,, Robert Dinerstein, Stephan Ellmann, Isabelle Gunning

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As important,and difficult, as it is to offer new law students clearand helpful frameworks for the interpersonalwork of lawyering, do-ing so is only part of what a clinical textbook may aspire to. In ourtextbook-in-progress, we hope to offer both frameworks and support for students' sense of the incompleteness of every framework and for their recognition of the need for careful,flexible response to each in-dividual client. Even care and flexibility by themselves are notenough, however, and every text must choose which aspects of law- yer-client relationshipsit will emphasize most. In the sections thatfol-low, we focus on lawyers' development of "connection in …

Chilean Consumer Protection Standards And The United Nations Guidelines On Consumer Protection: A Comparative Study Revealing Regional Conflicts, Robert Vaughn

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No abstract provided.

Interjurisdictional Certification And Choice Of Law, Ira Robbins

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No abstract provided.

Should Prisons Be Privately Run?: No Quick Fixes, Ira Robbins

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No abstract provided.