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Full-Text Articles in Law
#Notme: A Commonwealth For Mankind, Deirdre M. Bowen
#Notme: A Commonwealth For Mankind, Deirdre M. Bowen
Faculty Articles
No abstract provided.
Unsettling Immigration Laws: Settler Colonialism And The U.S. Immigration Legal System, Monika Batra Kashyap
Unsettling Immigration Laws: Settler Colonialism And The U.S. Immigration Legal System, Monika Batra Kashyap
Faculty Articles
This Article flows from the premise that the United States is a present-day settler colonial society whose laws and policies function to support an ongoing structure of invasion called "settler colonialism," which operates through the processes of Indigenous elimination and the subordination of racialized outsiders. At a time when U.S. immigration laws continue to be used to oppress, exclude, subordinate, racialize, and dehumanize, this Article seeks to broaden the understanding of the U.S. immigration system using a settler colonialism lens. The Article analyzes contemporary U.S. immigration laws and policies such as the National Security Entry-Exit Registration System (NSEERS) and Trump's …
Of Dress And Redress: Student Dress Restrictions In Constitutional Law And Culture, Deborah Ahrens, Andrew Siegel
Of Dress And Redress: Student Dress Restrictions In Constitutional Law And Culture, Deborah Ahrens, Andrew Siegel
Faculty Articles
Over the last twenty years, a substantial and increasing percentage of public school students have been required to wear school uniforms or adhere to strict dress codes. They have done so in a cultural and legal landscape that assumes such restrictions pose few—if any—constitutional problems. As this Article argues, however, this landscape is relatively new; as recently as forty years ago, the legal and cultural assumptions about student dress codes were completely reversed, with the majority of educators and commentators assuming that our constitutional commitments to equality, autonomy, and free expression preclude strict student dress restrictions. This Article explores the …
Punishing Homelessness, Sara K. Rankin
Punishing Homelessness, Sara K. Rankin
Faculty Articles
Homelessness is punishing to those who experience it, not just from the inherent and protracted trauma of living exposed on the street, but also due to widespread and pervasive laws that punish people for being homeless. People experiencing homelessness, particularly chronic homelessness, often lack reasonable alternatives to living in public. Yet cities throughout the country are increasingly enacting and enforcing laws that punish the conduct of necessary, life-sustaining activities in public, even when many people have no other option. These laws are frequently challenged in court and often struck down as unconstitutional. But legally sound, cost-effective, and non-punitive alternatives to …
Kondo-Ing Steele V. Bulova: The Lanham Act’S Extraterritorial Reach Via The Effects Test, Margaret Chon
Kondo-Ing Steele V. Bulova: The Lanham Act’S Extraterritorial Reach Via The Effects Test, Margaret Chon
Faculty Articles
An update of the 1952 decision by the U.S. Supreme Court, Steele v. Bulova, is arguably overdue in an era of intense globalization of commerce, especially considered in light of the changes to jurisdictional and extraterritoriality doctrines. It has been almost seventy years since the Supreme Court has taken a hard look at the issue of the extraterritorial reach of the Lanham Act. During that period, the Court has shifted the procedural basis for extraterritorial analysis; the development of the so-called “effects test” for extraterritoriality has resulted in some doctrinal unruliness among the circuit courts; and Congress has amended the …
Arrests As Guilt, Anna Roberts
Arrests As Guilt, Anna Roberts
Faculty Articles
An arrest puts a halt to one’s free life and may act as prelude to a new process. That new process—prosecution—may culminate in a finding of guilt. But arrest and guilt—concepts that are factually and legally distinct—frequently seem to be fused together. This fusion appears in many of the consequences of arrest, including the use of arrest in assessing “risk,” in calculating “recidivism,” and in identifying “offenders.” An examination of this fusion elucidates obstacles to key aspects of criminal justice reform. Efforts at reform, whether focused on prosecution or defense, police or bail, require a robust understanding of the differences …
Recasting Intellectual Property In Light Of The U.N. Sustainable Development Goals: Toward Knowledge Governance, Margaret Chon
Recasting Intellectual Property In Light Of The U.N. Sustainable Development Goals: Toward Knowledge Governance, Margaret Chon
Faculty Articles
No abstract provided.
Rebellious Reflection: Supporting Community Lawyering Practice, Monika Batra Kashyap
Rebellious Reflection: Supporting Community Lawyering Practice, Monika Batra Kashyap
Faculty Articles
This Article contends that lawyers who are trained in the skill of reflection are better equipped to engage in a social change-oriented approach to law practice called community lawyering. By conceptualizing reflection as a contemplative pedagogy, this Article will reveal a profound connection between community lawyering, reflection, and the contemplative law movement. The Article offers specific “rebellious” reflection-based pedagogies that can help practitioners and future lawyers: strengthen their capacity for deep self-awareness; interrogate the traditional lawyer-client relationship; sharpen their analysis of race, class, and power; and cultivate an understanding of how social change occurs. By presenting testimonials from new lawyers …
A New Vision For Cura Apostolica, John Topel