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The Impact Of Cultural Heritage On Japanese Towns And Villages, Yuichiro Tsuji Dr. 2020 University of Tsukuba

The Impact Of Cultural Heritage On Japanese Towns And Villages, Yuichiro Tsuji Dr.

Seattle Journal of Technology, Environmental & Innovation Law

In 1954, when historically significant clays and clay pots were found in the Iba district of Shizuoka prefecture, the city applied to the prefectural education committee for a historic site designation. The committee granted this designation to the city..

However, in 1973 the education committee lifted its permission to promote development around the location. Historians have sought revocation of this decision under the Administrative Case Litigation Act (ACLA), but the Supreme Court has denied standing. By denying standing, the Japanese Supreme Court allows the prefecture to destroy a historical site.

First, this paper seeks to discuss the doctrine of standing ...


Proposed Federal Osha Standards For Wildfire Smoke, Keenan Layton 2020 Seattle University School of Law

Proposed Federal Osha Standards For Wildfire Smoke, Keenan Layton

Seattle Journal of Technology, Environmental & Innovation Law

With the rise of global temperatures, climatologists predict a corresponding increase in the frequency and severity of wildfires in the Pacific Northwest. Rising temperatures are expected to create drier conditions in forests, thereby creating environmental conditions more prone to forest fires. Wildfires have become a common enough occurrence in the Pacific Northwest that summers have become synonymous with smoky conditions, but the issue is not constrained to this region. Though the Pacific Northwest has recently acted as a harbinger of increasing wildfires, environmental scientists forecast an increase in fire risk throughout the Western United States. The predicted rise in forest ...


Rights Of Nature And Indigenous Cosmovision: A Fundamental Inquiry, Jingjing Wu 2020 Tilburg University

Rights Of Nature And Indigenous Cosmovision: A Fundamental Inquiry, Jingjing Wu

OSSA Conference Archive

In this paper, I ask whether we can weigh and balance indigenous cosmovision—the reasoning used as the main source of legitimacy in some rights of nature legislation—within a secular legal system. I examine three barriers that rights of nature and their corollary spiritual reasoning are likely to encounter if they are invoked in secular courts: (a) spiritual reasoning is non-defeasible (Part 3) and (b) irrational (Part 4), and (3) the current concept of human rights as a universal legal norm is based on a circular logic (Part 5). In order to overcome these barriers, I draw inspiration from ...


The Individual Right Against Binary Identify, Colin Pochie 2020 University of Maryland Francis King Carey School of Law

The Individual Right Against Binary Identify, Colin Pochie

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Impact Statements: Giving A Voice To Sexual Assault Survivors, Anamika Roy 2020 University of Maryland Francis King Carey School of Law

Impact Statements: Giving A Voice To Sexual Assault Survivors, Anamika Roy

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Human Rights And Global Health Emergencies Preparedness, Andrea Boggio 2020 Bryant University

Human Rights And Global Health Emergencies Preparedness, Andrea Boggio

History and Social Sciences Faculty Journal Articles

The spread of infectious disease is always ranked high as a global threat. It features prominently among the list of urgent health challenges for the next decade, issued in early January 2020 by WHO. The emergence of the 2019 Novel Coronavirus (COVID-19) in the Hubei Province in China, is a reminder of global health vulnerabilities.


Masthead, 2020 Washington and Lee University School of Law

Masthead

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Artificial Entities With Natural Rights: Pursuing Profits At The Expense Of Human Capital, Loren M. Findlay 2020 Washington and Lee University School of Law

Artificial Entities With Natural Rights: Pursuing Profits At The Expense Of Human Capital, Loren M. Findlay

Washington and Lee Journal of Civil Rights and Social Justice

This Note explores the legal and constitutional rights granted to corporations and highlights how these corporate benefits are often at the expense of individuals. Over the past century, the corporation has evolved, taking on human-like characteristics. While many statutes and the Constitution use the word “person,” courts have inconsistently interpreted the definition of “person” in determining when it expands to corporations. In courts’ ad hoc analysis and interpretation, individuals get the metaphorical short-end of the stick.

The First Amendment of the Constitution was interpreted by the U.S. Supreme Court to afford the right of free speech to corporations in ...


Sentencing Disparities And The Dangerous Perpetuation Of Racial Bias, Jelani Jefferson Exum 2020 University of Detroit Mercy School of Law

Sentencing Disparities And The Dangerous Perpetuation Of Racial Bias, Jelani Jefferson Exum

Washington and Lee Journal of Civil Rights and Social Justice

This Article addresses the role that racial disparities—specifically sentencing disparities—play in perpetuating the racial bias that increases the daily danger of living as a Black American in the United States. As documented in the news and by sometimes humorous internet memes, White people have called the police many times to report Black people who were simply living as any other American. This trend highlights the manner in which the U.S. criminal justice system’s racial inequities feed into biased beliefs about Black criminality. This Article argues that instead of tackling implicit bias as a means to fight ...


Article Iii Adultification Of Kids: History, Mystery, And Troubling Implications Of Federal Youth Transfers, Mae C. Quinn, Grace R. McLaughlin 2020 University of Florida Levin College of Law

Article Iii Adultification Of Kids: History, Mystery, And Troubling Implications Of Federal Youth Transfers, Mae C. Quinn, Grace R. Mclaughlin

Washington and Lee Journal of Civil Rights and Social Justice

There is no federal juvenile court system in the United States. Rather, teens can face charges in Article III courts and can be transferred to be tried and sentenced as adults in these venues. This Article is the first of two articles in the Washington and Lee Journal of Civil Rights and Social Justice seeking to shed light on the largely invisible processes and populations involved in federal youth prosecution. This Article focuses on the federal transfer and prosecution of American youth as adults. It considers constitutional and statutory law relating to these federal transfers and then considers why current ...


Enforcement Of The Americans With Disabilities Act: Remedying “Abusive” Litigation While Strengthening Disability Rights, Evelyn Clark 2020 Washington and Lee University School of Law

Enforcement Of The Americans With Disabilities Act: Remedying “Abusive” Litigation While Strengthening Disability Rights, Evelyn Clark

Washington and Lee Journal of Civil Rights and Social Justice

This Note explores the Americans with Disabilities Act and the private litigation used to enforce compliance. While the ADA was designed to be enforced by private citizens, many have called for reform to limit what they see as “abusive” litigants. This Note focuses on (1) the perceived problem of vexatious litigants abusing the ADA and its state counterparts to benefit monetarily, (2) the attempted solutions on both a state and federal level, and (3) recommended solutions that focus on protecting the rights of individuals with disabilities while limiting abusive litigation meant to extort businesses.


Crime And Punishment: Considering Prison Disciplinary Sanctions As Grounds For Departure Under The U.S. Sentencing Guidelines, Madison Peace 2020 Washington and Lee University School of Law

Crime And Punishment: Considering Prison Disciplinary Sanctions As Grounds For Departure Under The U.S. Sentencing Guidelines, Madison Peace

Washington and Lee Journal of Civil Rights and Social Justice

There are currently over 175,000 federal inmates in the United States, 146,000 of whom are held in custody by the Federal Bureau of Prisons. When an inmate in federal prison commits a federal crime, he can be both sanctioned by the Federal Bureau of Prisons and referred to a United States Attorney for prosecution of the crime in federal district court. In the federal district court, a judge will look to the U.S. Sentencing Guidelines as a starting point to determine an appropriate sentence.

One question that the U.S. Sentencing Commission has not addressed, and on ...


Federal Sentencing: A Judge’S Personal Sentencing Journey Told Through The Voices Of Offenders He Sentenced, Mark W. Bennett 2020 Drake University Law School

Federal Sentencing: A Judge’S Personal Sentencing Journey Told Through The Voices Of Offenders He Sentenced, Mark W. Bennett

Washington and Lee Journal of Civil Rights and Social Justice

Federal sentencing is a tragic mess. Thirty years of conflicting legislative experiments began with high hopes but resulted in mass incarceration. Federal sentences, especially in drug cases, are all too often bone-crushingly severe.

In this Article, the Honorable Mark Bennett, a retired federal judge, shares about his journey with federal sentencing and his strong disagreement with the U.S. Sentencing Guidelines by telling the stories of some of the 400 men and women he sentenced during his twenty-five years as a federal judge.


Table Of Contents, 2020 Washington and Lee University School of Law

Table Of Contents

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Reforming Federal Sentencing: A Call For Equality-Infused Menschlichkeit, Nora V. Demleitner 2020 Washington and Lee University School of Law

Reforming Federal Sentencing: A Call For Equality-Infused Menschlichkeit, Nora V. Demleitner

Washington and Lee Journal of Civil Rights and Social Justice

This piece is based on Professor Demleitner's introduction of the JCRSJ Symposium, Issues in Federal Sentencing: Privilege, Disparity, and a Way Forward, November 15, 2019.

This Introduction first focuses on the value of a symposium on federal sentencing as a teaching, research, and advocacy tool. The second section centers on questions of equality and equitable treatment in federal sentencing. It details how unfair sentencing has been to minority defendants and then highlights the broader ramifications of those injustices in reinforcing bias and racial stereotyping. The guidelines have both mitigated and reinforced racial disparities. Technology and empirical research may provide ...


Technology’S Influence On Federal Sentencing: Past, Present, And Future, Matthew G. Rowland 2020 Maloney, Rowland and Associates, LLC

Technology’S Influence On Federal Sentencing: Past, Present, And Future, Matthew G. Rowland

Washington and Lee Journal of Civil Rights and Social Justice

The comprehensive reforms that govern today’s federal sentencing processes were fashioned nearly forty years ago. Those reforms were designed to address concerns regarding the effectiveness, transparency, and fairness of the preexisting indeterminant sentencing system. Today, criticisms are mounting against the very reforms that were once held out to save the sentencing process. The more determinant system is being accused of being biased against minorities, overly harsh, and costly.

This Article explores how the criminal justice system might look to technology and build on the practical experience from the indeterminant and determinant systems. Tools such as Artificial Intelligence (AI) can ...


Seeking Remedies For Lgbtq Children From Destructive Parental Authority In The Era Of Religious Freedom, Roy Abernathy 2020 Washington and Lee University School of Law

Seeking Remedies For Lgbtq Children From Destructive Parental Authority In The Era Of Religious Freedom, Roy Abernathy

Washington and Lee Journal of Civil Rights and Social Justice

This Note explores the intersection of parents’ rights, religious rights, state’s rights, and children’s rights. This Note analyzes the development of children’s rights and how those rights may be applied to current state religious exemption policies that affect the health of LGBTQ children. This Note will argue that in the absence of direct federal legislation to stop the harm of LGBTQ children, four possible remedies may exist to protect LGBTQ children. These remedies include states asserting parens patriae authority, children asserting substantive due process claims, children utilizing partial emancipation statutes, or children utilizing mature minor exemptions, which ...


Impact Assessment And Responsible Business Guidance Tools In The Extractive Sector: Implications For Human Rights, Gender And Stakeholder Engagement, Sara Seck, Penelope Simons, Naiomi Metallic, Meinhard Doelle, Bayo Majekolagbe 2020 Dalhousie University Schulich School of Law

Impact Assessment And Responsible Business Guidance Tools In The Extractive Sector: Implications For Human Rights, Gender And Stakeholder Engagement, Sara Seck, Penelope Simons, Naiomi Metallic, Meinhard Doelle, Bayo Majekolagbe

Responsible Business Conduct and Impact Assessment Law

This report aims to identify RBC tools referenced in the literature as relevant and/or promoted to Canadian extractive companies operating within and outside Canada. While not appraising or pronouncing on the quality of RBC tools, we consider the different actors that promote these diverse tools and whether there is a coherent framework for the efficient and effective application of current and future tools. We focus on RBC tools on human rights, stakeholder engagement, the rights of Indigenous peoples, and the rights of women and girls. Further, we review the position of scholars on the relationship between RBC and IA.


The Bumpy Road Of Home States’ Regulation Of Globalized Businesses—Legal And Institutional Disruptions To Supply Chain Disclosure Under The Modern Slavery Act, Shuangge Wen, Jingchen Zhao 2020 The Catholic University of America, Columbus School of Law

The Bumpy Road Of Home States’ Regulation Of Globalized Businesses—Legal And Institutional Disruptions To Supply Chain Disclosure Under The Modern Slavery Act, Shuangge Wen, Jingchen Zhao

Catholic University Law Review

In response to the paradigm shift from territorial corporations to global businesses and supply chains, states are increasingly engaging in regulating extraterritorial business activities, supply chain disclosure regulation being a primary example. Much ink has thus far spilled on the intrinsic doctrinal and conceptual aspects of this regulatory approach, with its interactions to the external regulatory and institutional environment far less considered. This article seeks to correct the scholarly imbalance by critically examining how s.54 of the UK Modern Slavery Act (MSA) – a prominent attempt among state-level initiatives designed to promote human rights protection within global supply chains – fits ...


Holocaust, Genocide, And The Law: A Quest For Justice In A Post-Holocaust World By Michael J. Bazyler, Irina Samborski 2020 Osgoode Hall Law School of York University

Holocaust, Genocide, And The Law: A Quest For Justice In A Post-Holocaust World By Michael J. Bazyler, Irina Samborski

Osgoode Hall Law Journal

LAW IS COMMONLY THOUGHT OF as an antidote to genocide rather than its facilitator. In Holocaust, Genocide, and the Law, Professor Michael Bazyler of Chapman University’s Fowler School of Law refutes the notion that the Holocaust was an extralegal event—instead, he isolates the law as the preferred instrument of wholesale murder and destruction. The book traces the long shadow that the Holocaust has cast on the contemporary corpus of international law and many legal systems across the world. While it tells the unfolding catastrophe of the Holocaust as a legal history, the book considers the legal triumphs that ...


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