Digital Commons Network^™

A Strange Land And A Peculiar Problem: Using Local Knowledge To Resolve Ambiguous Property Descriptions In Appalachia, William L. Spotswood

William & Mary Law Review Online

Conveying property in Appalachia can be somewhat like a box of chocolates: “You never know what you’re gonna get.” Carved by ancient rivers and winding streams, the seemingly never-ending “hollers” and hills of Appalachia can disorient even the best navigator. Couple the region’s rugged topography with an already ambiguous demarcation system, and properties once mapped by metes and bounds descriptions become impossible to re-create with any sort of certainty. Thus, though rooted in a desire for clarity, the combination of mountainous terrain and imperfect demarcation results in a property system riddled with ambiguity. Due to this inherent definitional problem in …

What Is Cultural Misappropriation And Why Does It Matter? 03-31-2021, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

An Interdisciplinary Approach To Community-Engaged Research Surrounding Lead In Drinking Water In The Mississippi Delta, Kristine L. Willett, Stephanie E. Showalter, Catherine M. Janasie, Josephine P. Rhymes, Kennedy Dickson, John J. Green

Journal of Rural Social Sciences

Childhood lead poisoning is a problem requiring interdisciplinary attention from toxicology, public health, social sciences, environmental law, and policy. In the U.S., Mississippi was ranked as one of the worst states for lead poisoning with limited childhood screening measures. We conducted community-engaged research by working with leaders in the largely rural Mississippi Delta region from 2016-2019 to collect household water samples and questionnaires and involve their communities in lead poisoning risk awareness and outreach. Drinking water from 213 homes was collected and analyzed for pH and lead concentrations. Highest lead concentrations were from households served by private wells, and detectable …

العقيدة الإلهية في الفكر العربي, نور الدين جفال, باهي التركي

Dirassat

Title : Divinity doctrine in the Arab Thought

Many religious, social and anthropological studies show that divinity in societies in general and in Arab societies in particular is enmeshed with human existence itself. That is, from Adam and on , divinity in societies underwent several changes. The prophets were the one charged to correct doctrines throughout human history .Nowadays, contemporary reality tells us that The Holy Prophet Muhammad is the seal of all prophets and that no other divine prophet will follow both in the Arab world or elsewhere.

Amicus Brief Of The National Congress Of American Indians, A Tribal Elder, And Other Federal Indian Law Scholars And Organizations, Michalyn Steele, Stephanie Hall Barclay

Court Briefs

No. 21-15295
Apache Stronghold v. United States of America

Appeal from the United States District Court for the District of Arizona, Honorable Steven P. Logan (2:21-cv-00050-PHX-SPL)

From the Summary of the Argument

Meaningful access to sacred sites is a necessary part of the religious exercise of many Indigenous peoples. But tribes have been repeatedly denied such access by the federal government, and thus repeatedly thwarted in their efforts to engage in these important religious practices. In many instances, that access has been irrevocably denied and those efforts permanently thwarted by the total destruction of Indigenous sacred sites. Indeed, the colonial, …

The Jurisprudence Of The 1992 Rio Declaration On Environment And Development: A Law, Science, And Policy Explication Of Certain Aspects Of The United Nations Conference On Environment And Development, John Batt, David C. Short

Journal of Natural Resources & Environmental Law

No abstract provided.

Mmu: 03/15/21–03/21/21, Student Bar Association

Monday Morning Update

This Week @ NDLS

General Announcements and Reminders

• Crossings is open Monday thru Friday 7:30-4:00. Daily Specials.
• Order Crossings through Grubhub (8 a.m. to 2 p.m.)
• CDO Announcements
• Meal Plans for Law Students
• Upcoming Deadlines
• SBA Store
• Christian Legal Society Monday Morning Prayer
• Education, Trauma, and Title IX
• Mass Schedule
• Stephanie Rochel: GC of Capital Automotive
• Chaitanya Kanojia, founder and CEO of Aereo
• Prioners of Politics with Professor Rachel Barkow
• Lexis for Transactional Law
• Junk Science Month: Ballistics
• The Attack on the U.S. Capitol: Pursuing Justice and Defending Our Democracy, A Conversation with Michael Sherwin, former Acting U.S. Attorney, District …

Environmental Justice, Settler Colonialism, And More-Than-Humans In The Occupied West Bank: An Introduction, Irus Braverman

Journal Articles

Our special issue provides a first-of-its kind attempt to examine environmental injustices in the occupied West Bank through interdisciplinary perspectives, pointing to the broader settler colonial and neoliberal contexts within which they occur and to their more-than-human implications. Specifically, we seek to understand what environmental justice—a movement originating from, and rooted in, the United States—means in the context of Palestine/Israel. Moving beyond the settler-native dialectic, we draw attention to the more-than-human flows that occur in the region—which include water, air, waste, cement, trees, donkeys, watermelons, and insects—to consider the dynamic, and often gradational, meanings of frontier, enclosure, and Indigeneity in …

Law And Intangible Cultural Heritage In The City By Sara Gwendolyn Ross, Halyna Chumak

Osgoode Hall Law Journal

In Law and Intangible Cultural Heritage in the City, Sara Gwendolyn Ross, a Killam Postdoctoral Laureate and Social Science and Humanities Research Council (SSHRC) Postdoctoral Fellow at the Peter A. Allard School of Law, illuminates urban spaces with intangible cultural value that is often overlooked and unprotected. The spaces to which Ross refers “are found on street corners, in neighbourhood haunts, in parks, in faded basement pubs, up creaky sets of stairs in live-work lofts overlooking the street, behind the doors of a repurposed factory space, in crisp and bright coffeeshops, loud music halls, pulsing nightclubs, shiny supper clubs.” She …

Law And Technology In Legal Education: A Systemic Approach At Ryerson, Sari Graben

Osgoode Hall Law Journal

The Faculty of Law at Ryerson University has undertaken extensive curricular reforms aimed at engaging with technology as a central requirement of legal practice. These reforms reflect an undertaking to develop practice-based education and an undertaking to teach students to think critically about the impact of automating and mechanizing legal information. Teaching students to identify how to use technology, how to design it, and how to challenge its effects are key to providing a systemic approach to law and technology. This is an approach that teaches students to identify how law and legal services can be fundamentally altered by computational …

Refugee Camps: In Search Of The Locus Of The Accountability Of The United Nations High Commissioner For Refugees (Unhcr) Under International Law, Zachary Lomo

PhD Dissertations

In this dissertation, I investigate the question how, and to what extent, can the office of the United Nations High Commissioner for Refugees (UNHCR) be held accountable, under international law, for its contribution to the harms to the environment and lives of refugees resulting from refugee encampment in refugee camps that it helps create, fund, and manage? Using data from primary and secondary sources and borrowing from certain theoretical paradigms and schools of thought, I theorise about the policy-context; the decision-making processes that produce refugee encampment; the locus of accountability for the injurious consequences of refugee encampment in refugee-hosting states …

Self-Determination As Resistance To Legal Violence: Jurisdiction, Property, And The Geographies Of Conflict In Unistoten And Xolobeni, Daniel Luke Huizenga

LLM Theses

Indigenous peoples struggles of the right to self-determination are often framed as claims against a unified state. However, explanation of the forces inhibiting the expression of Indigenous self-determination should not settle with an understanding of the imposing power of the state. As I show, the realization of self-determination is undermined by the cumulative effects of legal practices and knowledges that contribute to the division of collective autonomies and disruption of their governance practices. In this transnational and comparative work on the emerging right to consent to resource extraction in South Africa and Canada, I argue that we might understand these …

(Re)Framing Student Loan Debt As A Commons, Victoria J. Haneman

Law and Contemporary Problems

No abstract provided.

Learning From The Past: Using Korematsu And Other Japanese Internment Cases To Provide Protections Against Immigration Detentions, Caleb Ward

Arkansas Law Review

One of the darkest periods in modern United States history is reoccurring with mixed public approval. During World War II, the United States government enacted executive orders creating a curfew, proscribing living areas, and forcing the exclusion and detention of all Japanese descendants from the West Coast. The United States justified these grievous freedom and equality violations through an increased need for national security “because we [were] at war with [Japan].” However, this perceived increased need for national security came from a fraudulent assessment showing any Japanese-American could be planning espionage or sabotage of the United States. After the war, …

Academe And The Military, C. Anthony Pfaff, Julia L. E. Pfaff

The US Army War College Quarterly: Parameters

No abstract provided.

Faculty List

Tulsa Law Review

No abstract provided.

Criminalization Is Not The Only Way: Guatemala’S Law Against Femicide And Other Forms Of Violence Against Women And The Rates Of Femicide In Guatemala, Sydney Bay

Washington International Law Journal

Femicide in Guatemala has not decreased over the past twelve years, despite government efforts to curb the practice. In 2008, Guatemala passed the Law Against Femicide and Other Forms of Violence Against Women, which defined and criminalized femicide. The Law also created regulatory agencies and courts focused on stopping femicide and other forms of violence against women in the country, including physical, sexual, emotional, and economic violence. But because the government lacks resources and it has received resistance from the agencies’ local levels, femicide and the violence against women has not diminished. Additionally, recent Supreme Court cases have weakened aspects …

Reckoning: A Dialogue About Racism, Antiracists, And Business & Human Rights, Erika George, Jena Martin, Tara Van Ho

Washington International Law Journal

Video of George Floyd’s death sparked global demonstrations and prompted individuals, communities and institutions to grapple with their own roles in embedding and perpetuating racist structures. The raison d’être of Business and Human Rights (BHR) is to tackle structural corporate impediments to the universal realization of human rights. Yet, racism, one of the most obvious of such barriers, has been a blind spot for BHR. While the field has contended with gender inequality, there have only been tokenistic nods to intersectional harms caused by business activities. The failure to address racism seriously undermines both the promise of BHR generally and …

Let Indians Decide: How Restricting Border Passage By Blood Quantum Infringes On Tribal Sovereignty, Rebekah Ross

Washington Law Review

American immigration laws have been explicitly racial throughout most of the country’s history. For decades, only White foreign nationals could become naturalized citizens. All racial criteria have since vanished from the Immigration and Nationality Act (INA)—all but one. Section 289 of the INA allows “American Indians born in Canada” to freely cross into the United States if they possess at least 50% blood “of the American Indian race.” Such American Indians cannot be prohibited from entering the United States and can obtain lawful permanent residence status—if they meet the blood quantum requirement. Such racialized immigration controls arbitrarily restrict cross-border Indigenous …

Terroir And Tannins: How To Amend 27 C.F.R. To Bring French-Style Quality To The American Wine Consumer, Zachary Mike

Journal of International Business and Law

No abstract provided.

If The Music Hadn’T Stopped, Or Reflections On The Great Kerfuffle: Historicism’S Continuing Grasp For Truth, John Henry Schlegel

Journal Articles

I was pretty indifferent to my undergraduate education, but I hated law school because it was full of things one couldn’t do. One couldn’t use a statute analogically, couldn’t take into account realpolitik when analyzing cases, couldn’t rethink legal education from the bottom up, and it was pretty much “out there” to count votes when predicting case outcomes. Six years later, when in 1973 I came to teach at Buffalo, I experienced a quite different world; there were all sorts of possibilities. The great intellectual kerfuffle that went by many names—structuralism, post-structuralism, postmodernism, even Marxism and Critical Legal Studies (CLS)—burned …

Reckoning: A Dialogue About Racism, Antiracists, And Business & Human Rights, Erika George, Jena Martin, Tara Van Ho

Faculty Scholarship

Video of George Floyd's death sparked global demonstrations and prompted individuals, communities and institutions to grapple with their own roles in embedding and perpetuating racist structures. The raison d'être of Business and Human Rights (BHR) is to tackle structural corporate impediments to the universal realization of human rights. Yet, racism, one of the most obvious of such barriers, has been a blind spot for BHR. While the field has contended with gender inequality, there have only been tokenistic nods to intersectional harms caused by business activities. The failure to address racism seriously undermines both the promise of BHR generally and …

Trophies For The Empire, Cardozo Arts & Entertainment Law Journal, Cardozo Art Law Society

2020–2021 Flyers

No abstract provided.

Sacrifice For The Mandate Of Heaven? Regression Discontinuity Of Death Penalty Execution In Taiwan, Austin Horng En Wang, Yuan Ning Chu, Fang Yu Chen, Ming Jui Yeh

Political Science Faculty Research

© 2021 Western Social Science Association. The death penalty enjoys overwhelmingly cross-partisan support among Taiwanese citizens. Politicians, mass media actors, and anti-death-penalty activists all believe that death penalty executions boost the president’s approval. As a result, Taiwanese presidents are motivated to strategically execute prisoners, trying to improve their approval rate. To examine this myth, we exploit data from a nationally representative survey conducted in 2012; six inmates were unexpectedly executed during the survey period. This unique opportunity enables us to examine the causal relationship between implementing a welcoming policy and its effect on public opinion. Contrary to popular belief, however, …

The Way To Barbara Armstrong, First Tenure-Track Law Professor In An Accredited Us Law School, Susan Carle

Contributions to Books

This is the third volume in a trilogy on gender issues in legal occupations. An overview of Women in the World ’ s Legal Professions (Schultz and Shaw 2003) was followed by Gender and Judging (Schultz and Shaw 2013), finally to be completed by this study on women teachers of law. All three books have been published by Hart Publishing, to whom we are grateful for their unceasing support over so many years. Our thanks also go to the International Institute for the Sociology of Law for facilitating the inclusion of all three volumes in their O ñ ati Socio-Legal …

Peace And Conflict Studies Journal Conference, Christopher Appiah-Thompson

Peace and Conflict Studies Journal Conference

Global Human Rights Organizations And National Patterns: Amnesty International’S Responses To Darfur, Joachim J. Savelsberg

Societies Without Borders

This article provides an analysis of Amnesty International and its efforts to establish a global, human rights-based narrative on the mass violence in Darfur, Sudan, during the first decade of the 21^st century. Interviews show how Amnesty’s narrative resembles that of the judicial field. Respondents insist that justice, once achieved, will help reach other goals such as peace. Relative unanimity in representing the violence supports the notion of globalizing forces highlighted by the world polity school, but national conditions also color narratives, in line with recent literature on national contexts of INGO work and a long tradition of neo-Weberian …

Will The Open Library Be Forced To Close?, Chani Morgenstern

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The Wayback Machine is a well-known resource to law school journal editors and many other people. For editors, it is a tool to confirm the accuracy of claims cited using webpages that are no longer accessible or behind a paywall. But the Wayback Machine is just one project from the nonprofit Internet Archive. The organization seeks to archive as much knowledge on its servers as it can get ahold of so that it can “provide Universal Access to All Knowledge.” This knowledge includes webpages, books, texts, images, audio recordings, videos, and software programs. It is a virtual anthropological horde. But …

Populism And Transparency: The Political Core Of An Administrative Norm, Mark Fenster

University of Cincinnati Law Review

Transparency has become a preeminent administrative norm with unimpeachable status as a pillar of democracy. But the rise of right-wing populism, reminiscent of older forms of militaristic authoritarianism, threatens transparency’s standing. Recently elected governments in Europe, Latin America, and North America represent a counter-movement away from liberal-democratic institutions that promote the visibility and popular accountability that transparency promises. Contemporary populist movements have not, however, entirely rejected it as an ideal. The populist rebuke of power inequities and its advocacy for popular sovereignty implicitly and sometimes explicitly include a demand for a more visible, accessible state. Populists’ seemingly hypocritical embrace of …

Cle Working Paper No.1/2021--Grassroots And Litigation-Based Approaches To Advancing Indigenous Rights: Lessons From Extractive Industry Resistance In Mesoamerica, Justin Wiebe

Centre for Law and the Environment

Indigenous peoples are frequently recognized as excellent stewards of their traditional territories. These territories, which often exhibit extraordinary levels of biodiversity, face disproportionate and growing threats from extractive industry. In opposing these threats, Indigenous peoples increasingly rely on internationally-defined Indigenous rights, including those set out in UNDRIP and ILO Convention 169. It is uncertain, however, how these rights are most effectively advanced. In this paper, I tease out strategies — both grassroots-based and litigation-based — that show promise in this regard. Drawing on Waorani resistance to an oil auction in Ecuador and Indigenous resistance to a large-scale mining project in …