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Full-Text Articles in Law
Fighting For Whiteness In Ukraine, Marissa Jackson Sow
Fighting For Whiteness In Ukraine, Marissa Jackson Sow
Law Faculty Publications
Teri McMurtry-Chubb’s Race Unequals: Overseer Contracts, White Masculinities, and the Formation of Managerial Identity in the Plantation Economy offers groundbreaking insights into the gendered economic hierarchies internal to the body politic of whiteness through its examination of the limitations that plantation overseers’ contracts in the American Deep South placed on their ability to exercise the proprietorship and contracting authority prerequisite to white identity. This Essay uses the Ukrainian campaign to be recognized as a liberal white nation, and formally become a member of the West, as a contemporary case study of how whiteness remains hegemonized and subject to the ability …
An Interdisciplinary Approach To The Legal History Of Northern Ireland (1921-1948): Methods And Sources, Molly Lentz-Meyer
An Interdisciplinary Approach To The Legal History Of Northern Ireland (1921-1948): Methods And Sources, Molly Lentz-Meyer
Law Faculty Publications
Approaches from legal scholarship include primary sources such as statutes and case law, as well as legislative histories which legal scholars rarely consider ‘history’ in the same way as historians. Rather, legal scholars often look to legislative histories to discern the intent of the legislature in enacting laws for the sole purpose of interpreting a statute’s meaning. This study utilises the research tools employed by legal scholars – statutory law, case law, and legislative histories – to examine the establishment of the legal system in Northern Ireland. The study will focus on the early period of devolution (1921 – 1948) …
“Fundamental Fairness”: Finding A Civil Right To Counsel In International Human Rights Law, Meredith Elliot Hollman
“Fundamental Fairness”: Finding A Civil Right To Counsel In International Human Rights Law, Meredith Elliot Hollman
Law Student Publications
Every other Western democracy now recognizes a right to counsel in at least some kinds of civil cases, typically those involving basic human rights. The World Justice Project’s 2021 Rule of Law Index ranked the United States 126th of 139 countries for “People Can Access and Afford Civil Justice.” Within its regional and income categories, the United States was dead last. The United Nations and other international treaty bodies have urged the United States to improve access to justice by providing civil legal aid. How did we fall behind, and what can we learn from the rest of the world? …
Implementing War Torts, Rebecca Crootof
Implementing War Torts, Rebecca Crootof
Law Faculty Publications
Under the law of armed conflict, no entity is accountable for lawful acts in war that cause harm, and accountability mechanisms for unlawful acts (like war crimes) rarely create a right to compensation for victims. Accordingly, states now regularly create bespoke institutions, like the proposed International Claims Commission for Ukraine, to resolve mass claims associated with international crises. While helpful for specific and politically popular populations, these one-off institutions have limited jurisdiction and thus limited effect. Creating an international “war torts” regime—which would establish route to compensation for civilians harmed in armed conflict—would better address this accountability gap for all …