John Marshall Law School
Indiana University Maurer School of Law
A View From American Courts: The Year In Indian Law 2017,
2018
Seattle University School of Law
A View From American Courts: The Year In Indian Law 2017, Grant Christensen
Seattle University Law Review
This Article provides a comprehensive review of Indian law for 2017. It does not include a citation to every case related to Indian law issued by the courts but tries to incorporate the majority of opinions into its catalog to provide a robust discussion of the changes in Indian law over the course of 2017. Part I of this Article provides some general statistics about Indian law in 2017. Part II focuses on activity at the U.S. Supreme Court, which is the most watched forum for Indian law cases for obvious reasons. Part III groups cases by subject area ...
“Indian” As A Political Classification: Reading The Tribe Back Into The Indian Child Welfare Act,
2018
Northwestern Pritzker School of Law
“Indian” As A Political Classification: Reading The Tribe Back Into The Indian Child Welfare Act, Allison Krause Elder
Northwestern Journal of Law & Social Policy
In the summer of 2018, the Ninth Circuit will consider an appeal from the dismissal of a constitutional challenge to the Indian Child Welfare Act (ICWA). Brought by a conservative think-tank, this case frames the ICWA as race-based legislation, violating equal protection by depriving Indian children of the same procedures as non-Indian children in child custody cases. In reality, the ICWA seeks to protect the interests of tribes, Indian families, and Indian children by establishing special procedures and obligations in Indian child custody cases. On its face, the ICWA is concerned not with the race of children, but with the ...
Entering The Trump Ice Age: Contextualizing The New Immigration Enforcement Regime,
2018
University of San Francisco
Entering The Trump Ice Age: Contextualizing The New Immigration Enforcement Regime, Bill Ong Hing
Texas A&M Law Review
During the early stages of the Trump ICE age, America seemed to be witnessing and experiencing an unparalleled era of immigration enforcement. But is it unparalleled? Did we not label Barack Obama the “deporter-inchief?” Was it not George W. Bush who used the authority of the Patriot Act to round up nonimmigrants from Muslim and Arab countries, and did his ICE not commonly engage in armed raids at factories and other worksites? Are there not strong parallels that can be drawn between Trump enforcement plans and actions and those of other eras? What about the fear and hysteria that seems ...
Protecting Cultural Rights In The South Pacific Islands: Using Unesco And Marine Protected Areas To Plan For Climate Change,
2018
University of Utah S.J. Quinney College of Law
Protecting Cultural Rights In The South Pacific Islands: Using Unesco And Marine Protected Areas To Plan For Climate Change, Elizabeth Thomas
Fordham Environmental Law Review
No abstract provided.
The Failure Of International Law In Palestine,
2018
St. Mary's University School of Law
The Failure Of International Law In Palestine, Svetlana Sumina, Steven Gilmore
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming
Prisoner's Dilemma—Exhausted Without A Place Of Rest(Itution): Why The Prison Litigation Reform Act's Exhaustion Requirement Needs To Be Amended,
2018
Syracuse University
Prisoner's Dilemma—Exhausted Without A Place Of Rest(Itution): Why The Prison Litigation Reform Act's Exhaustion Requirement Needs To Be Amended, Ryan Lefkowitz
The Scholar: St. Mary's Law Review on Race and Social Justice
The Prison Litigation Reform Act (PLRA) passed in 1996 in an effort to curb litigation from prisoners. The exhaustion requirement of the PLRA requires prisoners to fully exhaust any administrative remedies available to them before filing a lawsuit concerning any aspect of prison life. If a prisoner fails to do so, the lawsuit is subject to dismissal. The exhaustion requirement applies to all types of prisoner lawsuits, from claims filed for general prison conditions to excessive force and civil rights violations. It has been consistently and aggressively applied by the courts, blocking prisoners’ lawsuits from ever going to trial. Attempts ...
Trapped In The Shackles Of America's Criminal Justice System,
2018
St. Mary's University School of Law
Trapped In The Shackles Of America's Criminal Justice System, Shristi Devu
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming
A Painful History : Symbols Of The Confederacy: A Conversation About The Tension Between Preserving History And Declaring Contemporary Values 1-19-2018,
2018
Roger Williams University School of Law
A Painful History : Symbols Of The Confederacy: A Conversation About The Tension Between Preserving History And Declaring Contemporary Values 1-19-2018, Michael M. Bowden
School of Law Conferences, Lectures & Events
No abstract provided.
Newsroom: A Painful History 1-19-2018,
2018
Roger Williams University
Newsroom: A Painful History 1-19-2018, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Undocumented Citizens Of The United States: The Repercussions Of Denying Birth Certificates,
2018
St. Mary's University School of Law
Undocumented Citizens Of The United States: The Repercussions Of Denying Birth Certificates, Anna L. Lichtenberger
St. Mary's Law Journal
Abstract forthcoming
Historic Districts: Preserving The Old With The Compatible New,
2017
College of William & Mary Law School
Historic Districts: Preserving The Old With The Compatible New, Emma Brandt Vignali
William & Mary Law Review
No abstract provided.
Killing A Culture: The Intentional Destruction Of Cultural Heritage In Iraq And Syria Under International Law,
2017
University of Georgia School of Law
Killing A Culture: The Intentional Destruction Of Cultural Heritage In Iraq And Syria Under International Law, Caitlin V. Hill
Georgia Journal of International & Comparative Law
No abstract provided.
The Time Is Now: Why The United States Should Follow The United Kingdom's Lead And Implement A Federal Nazi-Looted Art Spoliation Advisory Panel,
2017
University of Georgia School of Law
The Time Is Now: Why The United States Should Follow The United Kingdom's Lead And Implement A Federal Nazi-Looted Art Spoliation Advisory Panel, Chloe Ricke
Georgia Journal of International & Comparative Law
No abstract provided.
Untangling The Court’S Sovereignty Doctrine To Allow For Greater Respect Of Tribal Authority In Addressing Domestic Violence,
2017
University of Maryland Francis King Carey School of Law
Untangling The Court’S Sovereignty Doctrine To Allow For Greater Respect Of Tribal Authority In Addressing Domestic Violence, Lauren Oppenheimer
Maryland Law Review
No abstract provided.
Tribal Jurisdiction—A Historical Bargain,
2017
University of Maryland Francis King Carey School of Law
Tribal Jurisdiction—A Historical Bargain, Matthew L.M. Fletcher, Leah Jurss
Maryland Law Review
No abstract provided.
Res Extra Commercium And The Barriers Faced When Seeking The Repatriation And Return Of Potent Cultural Objects,
2017
Seattle University School of Law
Res Extra Commercium And The Barriers Faced When Seeking The Repatriation And Return Of Potent Cultural Objects, Sara Gwendolyn Ross
American Indian Law Journal
No abstract provided.
How Photographs Infringe,
2017
S.J. Quinney College of Law
How Photographs Infringe, Terry S. Kogan
Utah Law Faculty Scholarship
Courts and commentators have lavished attention on the question of what makes a photograph original and entitled to copyright protection. Far less attention has been devoted to the issue of how photographs infringe. This is the first Article to systematically explore the different ways in which a photograph can steal intellectual property. Photographs can infringe in two ways: by replication and by imitation. A photograph infringes by replication when, without permission, a photographer points her camera directly at a copyright-protected work—a sculpture, a painting, another photograph—and clicks the shutter. A photograph can also infringe by imitation. In such ...
Lost & Found,
2017
Rochester Institute of Technology
Lost & Found, Owen Gottlieb, Ian Schreiber, Kelly Murdoch-Kitt
Presentations and other scholarship
Lost & Found is a strategy card-to-mobile game series that teaches medieval religious legal systems with attention to period accuracy and cultural and historical context.
The Lost & Found games project seeks to expand the discourse around religious legal systems, to enrich public conversations in a variety of communities, and to promote greater understanding of the religious traditions that build the fabric of the United States. Comparative religious literacy can build bridges between and within communities and prepare learners to be responsible citizens in our pluralist democracy.
The first game in the series is a strategy game called Lost & Found (high-school and up). In Lost & Found, players take on the role of villagers who must balance family needs with communal needs. They must balance cooperative actions even while addressing individual needs. The game emphasizes the pro-social aspects of religious legal systems including collaboration and cooperation.
Both this game and the second game in the series (Order in the Court) are set in Fustat (Old Cairo) in the 12th Century, a crossroads of religions. Lost & Found and Order in the Court both teach elements of the Mishneh Torah, the Jewish legal code written by Moses Maimonides. Maimonides was influenced by the works of Islamic legal scholars and philosophers such as Ibn Rushd (Averroes) and Al Ghazahli; he also influenced Islamic scholars.
Traditional Knowledge Digital Library: "A Silver Bullet" In The War Against Biopiracy?, 17 J. Marshall Rev. Intell. Prop. L. 214 (2017),
2017
John Marshall Law School
Traditional Knowledge Digital Library: "A Silver Bullet" In The War Against Biopiracy?, 17 J. Marshall Rev. Intell. Prop. L. 214 (2017), Seemantani Sharma
The John Marshall Review of Intellectual Property Law
India has long been a victim of the emotionally expulsive wrong of biopiracy at the behest of Western corporations. Traditional Knowledge Digital Library (TKDL), a digital repository of traditional medicinal knowledge was a reaction to this act of “unjust enrichment”. While there is ample scholarly discourse on the biopiracy of Indian traditional knowledge (TK), there is scant literature critically evaluating TKDL as a tool for the protection of TK. This paper attempts to highlight some of the defects and inadequacies pervading TKDL, which inhibits its characterisation as a “silver bullet” in the war against biopiracy. Though laudatory, TKDL with its ...
The Global Protection Of Traditional Knowledge: Searching For The Minimum Consensus, 17 J. Marshall Rev. Intell. Prop. L. 42 (2017),
2017
John Marshall Law School
The Global Protection Of Traditional Knowledge: Searching For The Minimum Consensus, 17 J. Marshall Rev. Intell. Prop. L. 42 (2017), Aman Gebru
The John Marshall Review of Intellectual Property Law
The protection of traditional knowledge (TK) – the know-how, skills, innovations and practices of indigenous peoples and local communities has been a subject of heated debate in many international forums. TK has proved to be useful as an input in modern industries. For instance, pharmaceutical companies have used medicinal TK to develop drugs more quickly. Despite its value, TK faces an alarming rate of loss and there are many initiatives that attempt to preserve it for posterity. However, almost every major issue on TK protection is contentious, including whether international TK protection is necessary or if domestic legislation alone would suffice ...
