Digital Commons Network^™

Legalizing Local: Alaska's Unique Opportunity To Create An Equitable And Sustainable Seaweed Farming Industry, Logan Miller

Alaska Law Review

The seaweed farming industry in Alaska is in its nascent stages. There is tremendous potential for growth, but also risk of exploitation and inequitable outcomes. Alaskans have a unique and urgent opportunity to enact policies that can ensure and promote equitable, sustainable development that centers the voices and interests of marginalized groups—including Indigenous and rural populations—and provides benefits to local economies. This Note seeks to contribute to the creation of a sound policy framework for the responsible development of Alaska’s seaweed farming industry by advancing both a theoretical framework and specific policy recommendations. Drawing from the experiences of other jurisdictions …

Submission Of Amicus Curiae Observations In The Case Of The Prosecutor V. Dominic Ongwen, Erin Baines, Kamari M. Clarke, Mark A. Drumbl

Scholarly Articles

The important questions laid out by the Appeals Chamber in this case highlight the need for the proper delineation and interplay between mental illness and criminal responsibility under international law. Specifically, this case represents a watershed moment for the Appeals Chamber to set a framework for adjudicating mental illness in the context of collectivized child abuse and trauma. This is especially true for former child soldiers who occupy both a victim and alleged perpetrator status.

The Economic Dimensions Of Family Separation, Stephen Lee

Duke Law Journal

Migrants in the United States experience varying degrees of harm related to family separation. This article focuses on the economic dimensions of these harms by focusing on transnational remittances, a topic that has generated significant scholarly attention. Within this story, remitters are pitched as heroes and remittances are held up as a critical, market-based solution for solving global poverty. Of course, this picture is incomplete. This account ignores remittance-sending countries and provides only a narrow account of law. This Article focuses on anti-money laundering policies, an important set of U.S. laws that regulate the remittance economy. Examining remittances from this …

Commodifying Marginalization, Abbye Atkinson

Duke Law Journal

Pillars of U.S. social provision, public pension funds rely significantly on private investment to meet their chronically underfunded promises to America’s workers. Dependent on investment returns, pension funds are increasingly investing in marginalized debt, namely the array of high-interest-rate, subprime, risky debt—including small-dollar installment loans and other forms of subprime debt—that tends to concentrate in and among historically marginalized communities, often to catastrophic effect. Marginalized debt is a valuable investment because its characteristically high interest rates and myriad fees engender higher returns. In turn, higher returns ostensibly mean greater retirement security for ordinary workers who are themselves economically vulnerable in …

Reducing Opioid Related Deaths And Improving Rehabilitation Access Through The Elk Grove Village Cares Program: A Program Evaluation, Rebecca Barron

Doctor of Nursing Practice (DNP) Manuscripts

Abstract The goal of the Elk Grove Village Cares program is to decrease the deaths and overdoses of those who abuse opioids through harm reduction strategies and provide access to treatment. The article is a program evaluation of the Elk Grove Village Cares program. Surveys, interviews and the synthesis of program data is used to evaluate the efficacy of program activities. Results: The rate of death from opioid use has decreased an average of 1.7 deaths since program implementation in 2018. Law enforcement officers (LEO) and the community responded similarly to many survey questions regarding attitudes surrounding addiction. Within the …

Eliminating The Haze: A Federal Proposal For Antihazing Compliance Regulations, Gabrielle Bamberski

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

A Workers' Paradise: Re-Integrating Newfoundland Into Colonial American History, Elena Hynes

Electronic Theses & Dissertations

The island of Newfoundland is conspicuous in colonial British and North American histories, most particularly and paradoxically, in its absence, a state of affairs which this study aims to help address. Multiple factors, including a paucity of documentary sources and various historiographic trends, have traditionally contributed to Newfoundland’s marginalization within colonial historical narratives. However, developments in recent years have made Newfoundland’s potential integration into the broader colonial dialogue more feasible including the advent of the Atlantic perspective, the expansion of available sources, and the work of multiple regional historians who have challenged enduring historiographic trends characterizing Newfoundland colonial settlements as …

Corporate Accountability In Transitional Justice: Reflections On An Ongoing Social Lab (Roundtable), Tatiana Devia, Avery Kelly, Kaushik Sunder Rajan

Biennial Conference: The Social Practice of Human Rights

This roundtable describes and reflects upon the Corporate Liability and Sustainable Peace (CLASP) Lab, a “social lab” convened to advance corporate accountability in post-conflict and transitional justice settings around the world. Launched in February 2021, the CLASP Lab is a virtual forum in three languages, bringing together more than 40 lawyers and community activists from 25 countries in Latin America, Africa and the Middle East to share experiences and devise strategies for holding corporations accountable for human rights violations, as part of processes of transitional justice.

Developing A Practice In Remote Sensing For Next-Generation Human Rights Researchers, Theresa Harris, Jonathan Drake, Umesh K. Haritashya, Wumi Asubiaro Dada, Fredy Cumes

Biennial Conference: The Social Practice of Human Rights

Remote sensing is increasingly recognized as an important tool for documenting human rights abuses. When used alongside interviews, case studies, surveys, forensic science, and other well-established research methods in human rights and humanitarian practice, remotely sensed data can effectively geolocate and establish chronologies for mass graves, forced displacement, destruction of cultural heritage sites, and other violations. But as a highly technical field of science that relies on ever-changing technologies, remote sensing and geospatial analysis are not readily accessible for human rights and humanitarian practitioners. The community of practice grew out of innovative work by practitioners at NGOs and specialized inter-governmental …

Migration And Mortality: Social Death, Dispossession, And Survival In The Americas, Miranda Cady Hallett, Joseph Nevins, Jamie Longazel, Amelia Frank-Vitale, Alicia Yvonne Estrada, Abby C. Wheatley

Biennial Conference: The Social Practice of Human Rights

This panel presents research from the new edited volume Migration and Mortality (edited by Longazel and Hallett, Temple University Press, 2021). Death threatens migrants physically during perilous border crossings between Central and North America, but many also experience legal, social, and economic mortality. Rooted in histories of colonialism and conquest, exclusionary policies and practices deliberately take aim at racialized, dispossessed people in transit. Once in the new land, migrants endure a web of systems across every facet of their world—work, home, healthcare, culture, justice—that strips them of their personhood, denies them resources, and creates additional obstacles that deprive them of …

The Pocketbook Next Time: From Civil Rights To Market Power In The Latinx Community, Rachel F. Moran

Faculty Scholarship

The United States is undergoing a demographic transformation. Nearly one in five Americans already is Latinx, and the United States Census Bureau projects that by 2060, nearly one in three will be. Latinx will substantially outnumber every other historically underrepresented racial and ethnic minority group, and non-Hispanic whites no longer will be a majority. Those changes have unsettled traditional approaches to full inclusion.

Civil rights activists have suffered numerous setbacks, and the burgeoning Latinx population is searching for other paths to belonging. Some leaders have turned to growing Latinx market power to demand recognition and equal opportunity. These efforts rely …

East Tennessee State University Student Perceptions Of Gun Legislature, Brieann Boyle

Undergraduate Honors Theses

Many Americans are pushing for legislation supporting increased gun control; however many critics argue that increasing gun control will limit Americans’ rights as defined in the Second Amendment. With Tennessee’s passing of the Constitutional Carry, the researcher found it relevant to build on past research and to evaluate East Tennessee State University students’ perceptions of current Tennessee gun legislation in the light of this new act. East Tennessee State University students were surveyed in-person about their perceptions and knowledge of the current Tennessee gun legislation and support for gun control. No significant relationship was found between major and knowledge of …

Collateral Damage: How Expanding Public Charge Policy Influences Adult Esl Enrollment, Allison M. Eckert

Master's Theses

This study used statistical analysis of enrollment records for ESL programs at community colleges throughout California from 2015-2019 to determine whether adult immigrants’ participation in public ESL programs was reduced under President Donald Trump. Immigrant families’ lesser use of public education services and means-tested federal benefits has been widely documented in the wake of Trump’s expansion of the public charge rule, which counted immigrants’ use of a wider array of public benefits against their case for residency in the United States than had any previous iteration of the rule. Failing the public charge test can block an immigrant’s entry into …

Decolonizing Shipwrecks Through Considerations Of Indigeneity In Underwater Cultural Property Decisions, Chelle Haynes

Florida Journal of International Law

Under current international law, indigenous rights are not considered in ascertaining ownership of underwater cultural property. Indigenous people in Latin America and South America have faced long histories of colonialism, wherein their resources, property, and heritage were appropriated and taken by imperial powers. In this Article, I present the historical context of both the San Jose and Mercedes shipwrecks—Spanish colonial ships that were sunk in battle. I explore the history and legal decisions in both cases, while also considering how indigenous rights can be introduced into the current legal framework. Current international law concerning underwater cultural resources is primarily comprised …

Justiciability Of All Human Rights: Scottish Independence As Redress For British Human Rights Abuses, Ann M. Piccard

Florida Journal of International Law

On September 18, 2014, an overwhelming number of Scottish residents turned out to vote on one simple question: Should Scotland be an independent country? The deceptively simple yes or no question on the ballot could not begin to reflect the complex underlying issues. If the Independence Referendum had been approved—meaning a “yes” vote, the goal of Independence proponents and of the Scottish National Party (SNP)—every facet of life for the Nation and its citizens could have been affected. The presence of nuclear weapons; membership in the European Union; the very nature and name of the currency used in every transaction …

Legal And Institutional Remedies For Middle East States Wishing To Develop And Increase Foreign Direct Investment, Griffin Weaver

Florida Journal of International Law

This Article will argue that Middle East states have a proven, cost effective business model that they can imitate to dramatically increase FDI and protect their sovereignty. Specifically, the following arguments will be made:

One, Middle East states are ideally suited for implementing a foreign legal system within the boundaries of their respective states. Middle East history is ripe with examples of different legal systems being allowed to operate independently inside of the Islamic state. This success lies in the meaning of “contract” within Islamic Law and history.

Two, the creation of “free zones” is the first step in increasing …

Muslim Community In The Atmosphere Of Populism In Norway, Gilang Mahadika

Global: Jurnal Politik Internasional

In the European nations, there has been a lot of discussions and arguments regarding the community who have a ‘migration background’. Migrants nowadays are more capable of competing against local residents in terms of looking for better employment and participating in the political activities in European countries. Consequently, it creates fear within ‘mainstream’ society since it is presumably able to threaten their way of life. This interesting moment can benefit the populist political parties for gaining voices from the majority population. But, in the aftermath of 22/7 terror attacks in Norway, it also created tension between locals and those who …

A Light Unseen: The History Of Catholic Legal Education In The United States: A Response To Our Colleagues And Critics, John M. Breen, Lee J. Strang

Journal of Catholic Legal Studies

(Excerpt)

We are enormously grateful to the Journal of Catholic Legal Studies for hosting the conference on February 14, 2020, dedicated to a review of our book manuscript, A Light Unseen: The History of Catholic Legal Education in the United States, and for publishing the papers of the conference participants. We are also grateful for the opportunity to offer some reply in the pages of the Journal. A Light Unseen sets forth a comprehensive history of the book’s subject matter. The book describes the purposes for which Catholic law schools were founded, the schools maturation and success in …

Families Across Borders: The Hague Children's Conventions And The Case For International Family Law In The United States, Ann Laquer Estin

Florida Law Review

In our globalized world, as families form and dissolve across international borders, domestic family law does not adequately address the needs of parents and children with ties to multiple legal systems. For these cases, the Hague Children’s Conventions provide a useful legal framework developed and implemented through the cooperative efforts of more than one hundred nations. Currently, the United States participates in the 1980 Child Abduction Convention and the 1993 Intercountry Adoption Convention, and has taken steps toward ratification of the 2007 Family Maintenance Convention and the 1996 Child Protection Convention. The four Children’s Conventions offer an important opportunity for …

Perpetual Property, Sarah Harding

Florida Law Review

No abstract provided.

Ted Ayres, Social Justice And Education Advocate: "Making It Count" With Book Reviews, Kristen P. Erdem

Journal of Multicultural Affairs

This is an interview article with a prolific reviewer of books seen on public television and in print. Ted Ayres had an inspired legal career, and his advocacy continues to this day. The year 2020, like no other year in our recent U.S. history, was a raucous reckoning for an array of social justice issues. As this theme continues in 2021, it is heartwarming getting to know a quiet advocate in our midst. Meet Ted Ayres. Ayres will be a contributor to the journal with book reviews. This is an introduction to the person, Ted Ayres as social justice and …

Overview: From The Desk Of The Guest Editor, Tonya Huber

Journal of Multicultural Affairs

Overview from the Guest Editor on this special issue on the impacts of Covid-19 in educational settings. One theme explored in the contents of this issue is the powerlessness many educators felt as the editors set out to hear, comprehend, represent, and amplify their experiences. Other themes include: appreciation and empathy, focusing on what matters, and new ways of teaching with technology.

Policing As Public Good: Reflecting On The Term "To Protect And Serve" As Dialogues Of Abolition, Tracey Meares, Gwen Prowse

Florida Law Review

This Essay is based on a lecture that was to be delivered in person in March 2020 but was cancelled as a result of the initial ravages of the COVID-19 pandemic. That a discussion of policing in the United States was cancelled because of what may well turn out to be the most significant public health crisis of this decade, if not this century, is important as these two subjects are intimately related.

In the pages below, this Essay highlights how ordinary people discuss a reconceptualization of policing in ways that respond to the current moment. The data comprise a …

Implementation Of Human Rights Certification As A Request For Human Rights Protection To Workers In The Fishery Industry, Tito Pramudita

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The responsibility of the state is one of the important keys in the life of the state, one of which is in labor matters. In its implementation there are several records of violations of human rights in the Indonesian Sea, namely Trafficking in Persons, Forced / Slavery Labor, Child Labor, Overtime and the absence of health insurance. Research Objectives To analyze regulations in Indonesia regulating the protection of human rights for workers in the fishing industry in Indonesia and Fisheries Human Rights Certification contained in the Minister of Maritime Affairs and Fisheries Regulation No. 35 of 2015 has effectively provided …

Legal Corpus Linguistics And The Half-Empirical Attitude, Anya Bernstein

Journal Articles

Legal writers have recently turned to corpus linguistics to interpret legal texts. Corpus linguistics, a social-science methodology, provides a sophisticated way to analyze large data sets of language use. Legal proponents have touted it as giving empirical grounding to claims about ordinary language, which pervade legal interpretation. But legal corpus linguistics cannot deliver on that promise because it ignores the crucial contexts in which legal language is produced, interpreted, and deployed.

First, legal corpus linguistics neglects the relevant legal context—the conditions that give legal language authority. Because of this, legal corpus studies’ evidence about language use perversely obscures and misstates …

Roots Of Justice: Historical Truth And Reconciliation In Lincoln And Nebraska, Veronica Nohemi Duran, Crystal Dunning, Kathleen A. Johnson, Paul Olson

Truth and Reconciliation History Project

A bibliography of resources about the history in Nebraska of Native Americans, African Americans, Latinos, Asian Americans and Recent Refugees

We hope that these five bibliographies will prove fruitful in helping us to understand what our history has been, where we have gone astray, and what we can do to help bring about reconciliation in our community and in our state.

The discovery of what has happened in Nebraska in the last hundred and seventy years is not an easy task, but it is our goal in putting together this bibliography to begin that task. By putting together a picture …

Habeas Corpus Unbound, Sheila Wildeman

Articles, Book Chapters, & Popular Press

Sites of incarceration present stress tests to our theories and practices of administrative law. They yield insights, too, into how law distributes power across the administrative state. While studying administrative law as prison law reveals certain distinctions between the law that rules in prisons and everyday administrative state operations, it also reveals continuities—for instance, between the surveillance and control characterizing prisons and the routine surveillance and control that police, child welfare, social assistance, mental health, and public health authorities concentrate upon Indigenous, Black, disabled, and poor people in ways that produce and reproduce subordination and disproportionate incarceration. We begin to …

Limits Of The Rule Of Law: Negotiating Afghan "Traditional" Law In The International Civil Trials In The Czech Republic, Tomas Ledvinka, James M. Donovan

Vanderbilt Journal of Transnational Law

Drawing on ethnographic research of judicial cases in the Czech Republic which involve the law in migrants' countries of origin, this Article outlines how multiple strategies handle encounters with the legal-cultural differences of Afghanistan in order to neutralize what may be called the "alterity" of law. The Article suggests that far from being analytical tools, concepts such as "context," "culture," and "customary" are strategically used by courts to neutralize unsettling aspects of foreign Afghan legalities. Further, it applies Leopold Pospisil's ethnological concept of legal authority as a vehicle for reinterpreting the contextual differentiation of Afghan "traditional" law as an alternative …

What Counts As Data?, Anya Bernstein

Journal Articles

We live in an age of information. But whether information counts as data depends on the questions we put to it. The same bit of information can constitute important data for some questions, but be irrelevant to others. And even when relevant, the same bit of data can speak to one aspect of our question while having little to say about another. Knowing what counts as data, and what it is data of, makes or breaks a data-driven approach. Yet that need for clarity sometimes gets ignored or assumed away. In this essay, I examine what counts as data in …

Emotions And Intellectual Property Law, Margaret Chon

Akron Law Review

Emotions constitute an integral part of the diverse approaches that we bring to bear upon our most pressing law and policy issues. This article explores the role of emotions in intellectual property, information, and technology law (IP). Like other areas of law, IP commits to, prioritizes, and even honors, reason, logic, and facts—which can result in the sidelining of the affective components of law. Yet our affective responses to legal and other phenomena influence both cognition and reason. Part I of the article provides a general overview of the field of law and emotions, pointing out how this approach to …