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Full-Text Articles in Law

How Do Environmental Changes And Shared Cultural Experiences Impact The Health Of Indigenous Peoples In South Louisiana?, Shanondora M. Billiot May 2017

How Do Environmental Changes And Shared Cultural Experiences Impact The Health Of Indigenous Peoples In South Louisiana?, Shanondora M. Billiot

Arts & Sciences Electronic Theses and Dissertations

Global environmental change is an ongoing and complex social problem that will continue to permeate all spheres of life on earth (Moran, 2010). Not all communities experience social and economic consequences of environmental change at the same level (Adger, 2006a; Cutter, Boruff, & Shirley, 2003; Gillespie, 2010; Nicholls et al., 2007; Vogel, Moser, Kasperson, & Dabelko, 2007). The variability of vulnerability, or potential for exposure or harm, stems from proximity to fragile ecosystems as well as social and economic differences across communities (Boruff, Emrich, & Cutter, 2005). Additionally, environmental changes are projected to have adverse impacts on marginalized populations through additional pressures on existing, struggling social systems. Indigenous coastal communities, given their attachment to and dependence on the land, are especially vulnerable to environmental changes (Ford, 2012). In addition, indigenous peoples worldwide have poorer health compared to their majority groups (Anderson et al., 2006; Castor et al., 2006; Gracey & King, 2009; King, Smith, & Gracey, 2009; Lama, 2012).

To date, there is limited academic literature on the impact of climate change on health outcomes, especially among indigenous peoples (Ford et al., 2014). Land is a viable resource to indigenous communities both culturally and for future generations. Therefore, it ...


For Recognition Of A Peoples’ Right To U.N. Authorized Armed Intervention To Stop Mass Atrocities, Susan H. Bitensky Jan 2017

For Recognition Of A Peoples’ Right To U.N. Authorized Armed Intervention To Stop Mass Atrocities, Susan H. Bitensky

Washington University Global Studies Law Review

This Article calls for recognition under international law of a conditional peoples’ right to United Nations (U.N.) authorized armed intervention to stop mass atrocities. The condition is that non-violent strategies must have failed or must reasonably be expected to fail in achieving this goal.

If recognized, the new right will for the first time place power to obtain armed intervention in the people who are most at risk and impose a correlative duty on the U.N. to provide that intervention in qualifying cases. The right will concomitantly lift people out of the passivity of victimhood and make them ...


Corporate Social Responsibility: Are Franchises Off The Hook, Or Can A Treaty Catch Them?, Lauren Verseman Jan 2017

Corporate Social Responsibility: Are Franchises Off The Hook, Or Can A Treaty Catch Them?, Lauren Verseman

Washington University Global Studies Law Review

In the current human rights compliance landscape, a company like McDonald’s can pledge to serve sustainably sourced beef at its restaurants worldwide but at the same time decline to require policies that ensure employees at McDonald’s franchise locations are not subject to unfair labor practices, human rights abuses, or even human trafficking. This paper will explore the duty of business enterprises to respect human rights. It will then discuss the efforts to define the scope of a business and human rights treaty in the face of the “bundle of contracts”the structures of many business entities, specifically franchise ...


Celebrating Masters & Johnson’S Human Sexual Response: A Washington University Legacy In Limbo, Susan Ekberg Stiritz, Susan Frelich Appleton Jan 2017

Celebrating Masters & Johnson’S Human Sexual Response: A Washington University Legacy In Limbo, Susan Ekberg Stiritz, Susan Frelich Appleton

Washington University Journal of Law & Policy

This Essay discusses how institutions devise traditions and celebrations within the context of protecting established hierarchies of power and privilege. Appleton and Stiritz bring to light the research of William Masters and Virginia Johnson and their publication of Human Sexual Response. The authors argue that Masters and Johnson’s work should be institutionally recognized and celebrated by Washington University. The Essay discusses how Washington University’s neglect has impacted Masters and Johnson’s narrative and reflects upon how their legacy was instead highlighted in the popular Showtime series Masters of Sex. Finally, the Essay reflects upon what might have been ...


My Favorite Case To Teach: A Literal “Gateway” For Students To Learn Contract Formation, Contract Terms, And Legal Realism, Daniel Keating Jan 2017

My Favorite Case To Teach: A Literal “Gateway” For Students To Learn Contract Formation, Contract Terms, And Legal Realism, Daniel Keating

Washington University Journal of Law & Policy

This Essay explains the continued relevance of the issues discussed in Hill v. Gateway 2000, Inc. twenty years later. Keating describes his approach to teaching the case in his classroom, highlighting the broad and narrow issues under Article 2 of the Uniform Commercial Code implicated by the underlying facts. Keating disagrees with the outcome of the case, but praises its value as a teaching tool for sales contract formation and broader policy issues in the legal system.


Washington University School Of Law’S Global Trajectory, Leila Nadya Sadat Jan 2017

Washington University School Of Law’S Global Trajectory, Leila Nadya Sadat

Washington University Journal of Law & Policy

This Essay discusses the changing nature of legal education, focusing on the movement from national to global law schools, specifically within the context of globalization. Sadat details the development of international and comparative legal education at Washington University and reflects on their benefit to the School’s reputation. Sadat closes with a discussion of “Global Trumpism,” its potential impact on the Pax Americana, and the resulting effect on Washington University’s international and comparative legal education programs.


Federal Policy For Financially-Distressed Subnational Governments: The U.S. States And Puerto Rico, Cheryl D. Block Jan 2017

Federal Policy For Financially-Distressed Subnational Governments: The U.S. States And Puerto Rico, Cheryl D. Block

Washington University Journal of Law & Policy

This Article addresses the aftermath of the Great Recession specifically focusing on its effects at the local and statewide levels. Block uses the financial situation in Puerto Rico to detail the common presumption against the use of federal government assistance to financially-distressed subnational governments. Block then analyzes rebuttal arguments that the states and Puerto Rico might use to overcome the initial presumption against federal assistance and gives suggestions to facilitate the structuring of relief efforts in the rare circumstances when federal intervention is warranted.


Bullies And Beakers: How Large Universities Are Squashing Research Competition And The Contractual Remedies To Solve It, Jonathan Fort Jan 2017

Bullies And Beakers: How Large Universities Are Squashing Research Competition And The Contractual Remedies To Solve It, Jonathan Fort

Washington University Journal of Law & Policy

This Note addresses the challenges that small research universities face when competition from larger, well-funded research universities lure highly skilled researchers using lucrative compensation packages and other benefits. Fort evaluates doctrines in contract law to identify trends in intellectual property ownership, relationships between research institutions and private sectors, and current case law to identify dis-incentivizing mechanisms that could curb competition that leaves small research universities with little recourse once researchers are poached. Fort recommends strict assignment agreements that would preserve an interest in patents and copyrights in favor of the smaller research institutions, in addition to liquidated damages provisions in ...


The Policy Of Federal Student Loans: Looking Backward And Looking Forward, Aaron Mohr Jan 2017

The Policy Of Federal Student Loans: Looking Backward And Looking Forward, Aaron Mohr

Washington University Journal of Law & Policy

This Note addresses the discrepancies between inflation rates and the cost of higher learning, particularly as a new generation of students finds it more difficult to pursue additional education because student loan burdens continue to outpace real wages. Mohr examines various contributing factors in this imbalance, including rises in tuition costs, the widespread availability of loans, and the difficulty in discharging these debts, to identify the source of the problem. Mohr suggests that the underlying issue is the rising costs of higher education as a function of the availability of loans, and recommends a system of limits on borrowing that ...


Whose Responsibility Is It To Prep For Safe Sex? Archaic Hiv Criminalization And Modern Medicine, Brigid Bone Jan 2017

Whose Responsibility Is It To Prep For Safe Sex? Archaic Hiv Criminalization And Modern Medicine, Brigid Bone

Washington University Journal of Law & Policy

This Note traces the history of HIV and its impact on the homosexual community, with a focus on criminal statutes that attempted to regulate the actions of individuals with HIV, and how those statutes can be evaluated considering modern advancements against the virus. Bone addresses the state of HIV criminalization bearing in mind medical treatments, such as Highly Effected Antiretroviral Treatment (HAART) and Pre-Exposure Prophylaxis (PrEP), as well as conviction rates among those who engage in sexual activity while HIV positive. Bone proposes amending current criminalization statutes in a way that would de-stigmatize the conversation that surrounds the virus while ...


Universal Clinic Legal Education: Necessary And Feasible, Robert R. Kuehn Jan 2017

Universal Clinic Legal Education: Necessary And Feasible, Robert R. Kuehn

Washington University Journal of Law & Policy

This Essay analyzes the data surrounding clinical education in law schools. Kuehn compares the legal education experience to other professional schools, noting that the legal field does not take the steps to prepare law students for the professional field that other schools do. Kuehn argues that a mandated clinical experience for all students is both not costly to obtain and feasible to immediately implement. Kuehn concludes his argument by calling for required clinical training in ABA-approved law schools to ensure practice-ready professionals.


Wherefore Moot Court?, Richard E. Finneran Jan 2017

Wherefore Moot Court?, Richard E. Finneran

Washington University Journal of Law & Policy

This Essay, by Richard E. Finneran, adjunct professor and moot court coach at Washington University School of Law, extols the benefits of participating in moot court programs and offers tips how to instruct students to become better appellate advocates. Finneran underscores the value of studying oral advocacy, particularly as the decline in popularity studying and teaching the art of oral argument is reflected in the lack of quality exhibited by some advocates. Finneran does not attribute this lack of quality on the innate skills of an advocate, but rather places the onus on educators to teach moot court students the ...


The Power Of The Public Defender Experience: Learning By Fighting For The Incarcerated And Poor, Patrick C. Brayer Jan 2017

The Power Of The Public Defender Experience: Learning By Fighting For The Incarcerated And Poor, Patrick C. Brayer

Washington University Journal of Law & Policy

This Essay discusses how public defender apprenticeships impact law students and help mold their future careers. Brayer discusses the tangible advantages that the apprenticeship imparts on students as well as the transferable skills that students gain. Brayer then analyzes the internal and professional growth of students that participate in this apprenticeship. Brayer situates this growth within the context of Chief Justice John Marshall’s own similar experience, arguing how the public defender experience focuses and matures aspiring lawyers.


Practice Makes Perfect: New Practitioners’ Perspectives On Trends In Legal Education, Claire Botnick, Cort Vanostran Jan 2017

Practice Makes Perfect: New Practitioners’ Perspectives On Trends In Legal Education, Claire Botnick, Cort Vanostran

Washington University Journal of Law & Policy

This Essay, by attorneys Claire Botnick and Cort VanOstran, both recent graduates of Washington University School of Law, offers a perspective on the efficacy and shortcomings of recent modal changes in legal training. Botnick and VanOstran have a point of view situated between a student’s immediate exposure but limited perspective, and the established practitioner’s measured but distant analysis. Botnick and VanOstran emphasize the importance of academic programs that prioritize a student’s interaction with the law through curricular offerings, clinical experiences, and oral advocacy training.


Embracing New (And Old) Ideas, James E. Daily Jan 2017

Embracing New (And Old) Ideas, James E. Daily

Washington University Journal of Law & Policy

This Essay, by James E. Daily, lecturer at Washington University School of Law, identifies current declines in the demand for legal education and the greater job market offers a possible solution—re-introducing the LL.B degree. Daily looks at the historical increases in demand that led to the acceptance of the J.D. as the standard law degree required for practice. Daily proposes law schools should re-organize the current J.D. program to become a research or theory-focused advanced degree, and re-introduce the LL.B undergraduate LL.B degree that integrates the use and creation of new technologies in legal ...


Gendered Due Process Of Juvenile Justice, Annette R. Appell Jan 2017

Gendered Due Process Of Juvenile Justice, Annette R. Appell

Washington University Journal of Law & Policy

This Essay illustrates how the United States Constitution has developed gendered jurisprudence for children and families that affords children a higher level of due process in juvenile courts than is afforded to their parents. Appell discusses this jurisprudence through the lens of child protection and delinquency cases, followed by the laws treatment of children outside of the familial context. Appell highlights the higher level of constitutional freedom afforded children who break the law versus their parents who raise them and ends with a discussion of the implications this has on juvenile jurisprudence.


Law School Clinic And Community Legal Services Providers Collaborate To Advance The Remedy Of Implied Warranty Of Habitability In Missouri, Karen Tokarz, Zachary Schmook Jan 2017

Law School Clinic And Community Legal Services Providers Collaborate To Advance The Remedy Of Implied Warranty Of Habitability In Missouri, Karen Tokarz, Zachary Schmook

Washington University Journal of Law & Policy

This Essay discusses the economic and public policy concerns regarding the implied warrant of habitability law and the ability of tenants in the state of Missouri can raise effective defenses to rent and possession/eviction actions. The authors, Tokarz and Schmook, director and supervising attorney, respectively, of Washington University’s Civil Rights and Community Justice Clinic, evaluate these issues in light of Kohner Props., Inc. v. Johnson, which currently awaits a decision from the Missouri Supreme Court. Tokarz and Schmook use statistical analysis to identify recent trends in favorable results for landlords in disputes with tenants and stress the effects ...


The Joy Of Takings, Michael M. Berger Jan 2017

The Joy Of Takings, Michael M. Berger

Washington University Journal of Law & Policy

This Essay discusses the various circumstances under which Takings Law can be litigated. Beginning with an analysis of his personal experience in litigation, Berger details significant developments in Takings Law and posits on their future in a rapidly advancing technological sphere. Berger closes by analogizing airport takings law to issues involving drones and speculates that the intersection between drones and the law will mirror that of prior takings lawsuits.


Law Schools At Founding And Today, Russell K. Osgood, Jacob Glickfield Jan 2017

Law Schools At Founding And Today, Russell K. Osgood, Jacob Glickfield

Washington University Journal of Law & Policy

This Essay offers a historical perspective detailing the development of Missouri’s Constitution and the history of common law legal education by focusing on the founding of the Washington University Law Department. The authors address some suggestions by other scholars on how to modernize education including conversion to a two-year curriculum. While reflecting on the past, the authors suggest that a longer, but non-rigid, curriculum may be the only feasible way to structure legal education and offers several alternative structures for modern legal education. They discuss the pros and cons of their proposal, highlighting the need for social discussion concerning ...


Introduction, Nancy Staudt Jan 2017

Introduction, Nancy Staudt

Washington University Journal of Law & Policy

No abstract provided.


Plain Tobacco Packaging’S Impact On International Trade And The Family Smoking Prevention And Tobacco Control Act In The U.S. And Drafting Suggestions, Sunil S. Gu Jan 2017

Plain Tobacco Packaging’S Impact On International Trade And The Family Smoking Prevention And Tobacco Control Act In The U.S. And Drafting Suggestions, Sunil S. Gu

Washington University Global Studies Law Review

Despite its legal status, tobacco products, due to the potential harmful effects on health, have never been free from various governmental regulations. However, it was easier said than done to regulate them as governments wished, and in fact there were numerous failed attempts. Thus, governments tried to come up with a better and more effective regulation that will reduce the tobacco consumption thereby promoting public health, under the name of public health of their citizens. And plain tobacco packaging measures are the latest solution suggested.

The introduction of the plain tobacco measures has stirred huge controversy (understandably so), since it ...


Exile And Election: The Case For Barring Exiled Leaders From Contesting In National Elections, Fizza Batool Jan 2017

Exile And Election: The Case For Barring Exiled Leaders From Contesting In National Elections, Fizza Batool

Washington University Global Studies Law Review

During the twentieth century, the world witnessed a series of regime changes. Dictatorships, military coups, and fascist governments were rejected in favor of democratic values and principles. This change in governance seems to have continued into the twenty-first century, albeit with some major challenges in the implementation of a democratic system in States. One of the more alarming trends has been exiled leaders returning to their State to contest national elections despite facing serious criminal charges. This causes the developing democratic State’s legitimacy of governance, free and fair elections, accountability, and transparency to be threatened. Fragile States struggling to ...


Treaty-Based Claims Against Subdivisions Of Icsid Contracting States, Douglas Pivnichny Jan 2017

Treaty-Based Claims Against Subdivisions Of Icsid Contracting States, Douglas Pivnichny

Washington University Global Studies Law Review

This article primarily concerns the juridical personality of States in public international law, how this has changed in the 20th century, and potential consequences of these developments in the field of investor-State arbitration. Specifically, it asks whether a subdivision of a federal State made subject to the jurisdiction of the International Centre for the Settlement of Investment Disputes (“ICSID” or “the Centre”) under Article 25 of the ICSID Convention may be responsible as a juridical person independent of its State for violating an investment treaty (e.g., a bilateral investment treaty (“BIT”) or the investment chapter of a free-trade agreement ...


What Investigative Resources Does The International Criminal Court Need To Succeed?: A Gravity-Based Approach, Stuart Ford Jan 2017

What Investigative Resources Does The International Criminal Court Need To Succeed?: A Gravity-Based Approach, Stuart Ford

Washington University Global Studies Law Review

There is an ongoing debate about what resources the International Criminal Court (ICC) needs to be successful. On one side of this debate are many of the Court’s largest funders, including France, Germany, Britain, Italy, and Japan. They have repeatedly opposed efforts to increase the Court’s resources even as its workload has increased dramatically in recent years. On the other side of the debate is the Court itself and many of the Court’s supporters within civil society. They have taken the position that it is underfunded and does not have sufficient resources to succeed. This debate has ...


Justice For All: Certifying Global Class Actions, Ángel R. Oquendo Jan 2017

Justice For All: Certifying Global Class Actions, Ángel R. Oquendo

Washington University Global Studies Law Review

A federal court should approach the presence of foreigners in a global class action for monetary relief with an open mind. It should keep them in so long as it can conclude, upon a reflective comparative law analysis, that the judiciary in their nation of origin would uphold the ultimate ruling. For example, Latin American absent class members should normally stay on board inasmuch as virtually every jurisdiction in their region would allow a U.S. adjudicator to arrive at this conclusion. Accordingly, they would fail, on grounds of res judicata, if they ever tried to re-litigate the matter back ...


Can The United States Impose Trade Sanctions On China For Currency Manipulation?, Daniel C.K. Chow Jan 2017

Can The United States Impose Trade Sanctions On China For Currency Manipulation?, Daniel C.K. Chow

Washington University Global Studies Law Review

Anti-China critics argue that the People’s Republic of China (PRC or China) engages in a long-standing and intentional pattern of currency manipulation that artificially devalues the Chinese currency, the Renminbi (RMB or “people’s currency”) versus the USD. The devaluation of the RMB makes Chinese goods less expensive to the U.S. consumer as they need to exchange fewer dollars for the same amount of RMB used to purchase Chinese imported goods. At the same time, U.S. goods are more expensive to the Chinese consumer as they need to use more RMB to exchange for the same amount ...


International Criminal Law: A View From The Trenches – The Accidental Jurist, Brenda J. Hollis Jan 2017

International Criminal Law: A View From The Trenches – The Accidental Jurist, Brenda J. Hollis

Washington University Global Studies Law Review

In creating the Yugoslav and Rwanda Tribunals, the UN Security Council used its power under Chapter 7. Why did it do that? Why did it act to create the international tribunals to investigate and try the crimes of genocide, war crimes, and crimes against humanity? Perhaps it acted for self-serving reasons. Perhaps it acted for altruistic reasons. Perhaps it acted because it saw these crimes as the cause of regional instability – as sowing the seeds for future atrocities and future unrest. Perhaps it acted because of the international outcry against the crimes that were being committed – or because of the ...


Case Refusal: A Right For The Public Defender But Not A Remedy For The Defendant, John P. Gross Jan 2017

Case Refusal: A Right For The Public Defender But Not A Remedy For The Defendant, John P. Gross

Washington University Law Review

Various arguments have been made to explain why public defenders continue to handle excessive caseloads: a lack of independence, organizational culture, or ethical blindness among them. All of these arguments are based on the idea that a public defender elects to labor under an excessive caseload either because they do not see it as excessive or because they realize it is but believe a refusal will lead to adverse consequences for themselves. In this essay, I argue that the decision to maintain an excessive caseload may not always be attributable to self- interest on the part of the public defender ...


Return Of The De Minimis Exception In Digital Music Sampling: The Ninth Circuit's Recent Holding In Vmg Salsoul Improves Upon The Sixth Circuit's Holding In Bridgeport, But Raises Questions Of Its Own, Francesco Di Cosmo Jan 2017

Return Of The De Minimis Exception In Digital Music Sampling: The Ninth Circuit's Recent Holding In Vmg Salsoul Improves Upon The Sixth Circuit's Holding In Bridgeport, But Raises Questions Of Its Own, Francesco Di Cosmo

Washington University Law Review

Sampling is a musical production practice that has become increasingly common since the 1980s. A producer samples by copying a section of a sound recording and inserting it into the piece of music she is producing. The type of sound recording sampled by producers can vary vastly from piece to piece. Numerous pop and hip hop songs sample from songs of various genres (rock, classical music, or other pop songs, for example). Audio from a film, commercial, or speech may also be inserted into a song. Typically, the purpose of these samples is either to make use of the musical ...


Drawing The Line On Legislative Privilege: Interpreting State Speech Or Debate Clauses In Redistricting Litigation, J. Pierce Lamberson Jan 2017

Drawing The Line On Legislative Privilege: Interpreting State Speech Or Debate Clauses In Redistricting Litigation, J. Pierce Lamberson

Washington University Law Review

The United States Constitution and forty-three state constitutions include a Speech or Debate Clause granting legislators a legal privilege for their legislative work.1 Although there is a well-developed body of federal Speech or Debate Clause law granting an absolute privilege to legislators, case law interpreting many state Speech or Debate Clauses is undeveloped.2 One context in which state Speech or Debate Clauses are tested is redistricting litigation.3 State courts provide a desirable forum for challengers seeking to expose partisan gerrymandering in redistricting plans.4 Because the potential for exposing partisan gerrymandering increases if state legislators’ statements and ...