Law Commons^™

A Legal Standard For Post-Colonial Land Reform, Amelia Peterson

Amelia Peterson

This article proposes a legal standard for the design of post-colonial land redistribution policies. It confronts the complex interface between the need for land reform to alleviate land pressure in many developing countries, and the importance of upholding the idea of property. Regardless of which side of the post-colonial milieu we most quickly sympathize with, human rights law removes the tendency to seek out the victim by framing its language in terms of the homo sapien, not one particular race, gender, or economic status. It is in the interest of the various stakeholders enmeshed in post-colonial land imbalance debates and …

Domestic Violence Law And Feminism’S Identity Crisis: Toward A “Neo-Feminist” Legal Theory, Aya Gruber

Aya Gruber

By many accounts, feminism is in crisis. Traditional second-wave feminists are an ever-dwindling group, attacked by conservatives for being too liberal and by progressives for being too conservative. Newer voices weighing in on classic feminist issues like work rights, family structure, and rape are seen as abandoning the feminist mission in favor of other considerations like class and race. Accordingly, the conventional wisdom seems to be that there are two opposing progressive groups that address women’s issues—feminists and those who have receded from feminism. To many, this apparent fracture is exemplified by theorizing about domestic violence, where mainstream feminists supportive …

"Destinations:" A Comparison Of Sex Trafficking In India And The United States, Sarah Montana Hart

Sarah Montana Hart

This paper finds similarities in the sex trafficking industries in the United States and India, and offers some suggestions for the international community moving forward.

The Stock Act - Dispelling A Legal Perception, Casey K. Lekahal

Casey K Lekahal

“Few practices, short of manipulation, have as deleterious an effect on the investing public’s confidence in corporate institutions and the securities markets as the selective disclosure of and misuse of so-called inside information, i.e., material nonpublic information.”

Insider trading harms investor confidence in the markets which makes it more difficult for firms to raise capital and decreases liquidly. Further, insider trading harms the issuing corporation as it creates an incentive for management to direct the company to maximize their personal monetary gain rather than the corporation’s. Finally, insider trading hurts a non-issuer employer, such as a law firm or financial …

Inextricably Political: Race, Membership And Tribal Sovereignty, Sarah Krakoff

Sarah Krakoff

Courts address equal protection questions about the distinct legal treatment of American Indian tribes in the following dichotomous way: are classifications concerning American Indians “racial or political?” If the classification is political (i.e. based on federally recognized tribal status or membership in a federally recognized tribe) then courts will not subject it to heightened scrutiny. If the classification is racial rather than political, then courts may apply heightened scrutiny. This article challenges the dichotomy itself. The legal categories “tribe” and “tribal member” are themselves political, and reflect the ways in which tribes and tribal members have been racialized by U.S. …