Digital Commons Network^™

The Little Colorado River Project: Is New Hydropower Development The Key To A Renewable Energy Future, Or The Vestige Of A Failed Past?, Liam Patton

Colorado Environmental Law Journal

No abstract provided.

Corporate Entanglement With Religion And The Suppression Of Expression, Ronald J. Colombo

Seattle University Law Review

The power and ability of corporations to assert their First Amendment rights to the detriment of others remains both a controversial and unresolved issue. Adverting to relevant strands of existing jurisprudence and certain constitutionally relevant factors, this Article suggests a solution. The path turns upon the recognition that whereas some corporations are appropriately categorized as rights-bearing entities (akin to associations), others are more appropriately categorized as “entities against which the rights of individuals can be asserted.” Legislation, in the form of the draft “CENSOR” Act, is provided as a means by which to implement this categorization. What hopefully emerges is …

The Other American Law, Elizabeth Reese

Articles

No abstract provided.

Critical Interviewing, Laila L. Hlass, Lindsay M. Harris

Journal Articles

Critical lawyering—also at times called rebellious, community, and movement lawyering—attempts to further social justice alongside impacted communities. While much has been written about the contours of this form of lawyering and case examples illustrating core principles, little has been written about the mechanics of teaching critical lawyering skills. This Article seeks to expand critical lawyering theory, and in doing so, provide an example of a pedagogical approach to teaching what we term “critical interviewing.” Critical interviewing means using an intersectional lens to collaborate with clients, communities, interviewing partners, and interpreters in a legal interview. Critical interviewers identify and take into …

Women Of Color In Immigration Enforcement, Kit Johnson

Faculty Articles

Immigration enforcement agencies are among the most racially diverse in federal law enforcement. More than half of all women holding law enforcement positions within immigration agencies are minorities, though the overall number of female agents is relatively small. This Essay focuses on women of color in immigration enforcement. It begins with a necessary primer on immigration enforcement. Next, it traces key developments that led to the diversification of immigration enforcement, including analysis of never before published data about the racial and gender diversity of immigration agents. Then, it considers the unique benefits of hiring women of color as enforcement agents …

Seeking Safety While Giving Birth During The Pandemic, Elizabeth Kukura

Saint Louis University Journal of Health Law & Policy

As COVID-19 spread throughout the United States in early 2020, many pregnant people sought alternatives to delivering in a hospital. Midwifery practices offering services at home or in a freestanding birth center reported record numbers of inquiries, including from people looking to transfer care near the end of pregnancy. Whether due to fear of COVID-19 exposure in health care settings or out of a desire to avoid restrictive hospital policies regarding support people and newborn separation, people who had not previously considered home birth were newly drawn to midwifery care and others who had considered a midwife-attended birth redoubled their …

Shadowboxing With Free Speech Principles, Noah C. Chauvin

South Carolina Law Review

No abstract provided.

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

Law Faculty Scholarly Articles

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 Pospíšil´s ethnological concept of legal authority as a vehicle for reinterpreting the contextual differentiation of Afghan “traditional” law as an alternative …

Toward A Race-Conscious Critique Of Mental Health-Related Exclusionary Immigration Laws, Monika Batra Kashyap

Michigan Journal of Race and Law

This Article employs the emergent analytical framework of Dis/ability Critical Race Theory (DisCrit) to offer a race-conscious critique of a set of immigration laws that have been left out of the story of race-based immigrant exclusion in the United States—namely, the laws that exclude immigrants based on mental health-related grounds. By centering the influence of the white supremacist, racist,and ableist ideologies of the eugenics movement in shaping mental health-related exclusionary immigration laws, this Article locates the roots of these restrictive laws in the desire to protect the purity and homogeneity of the white Anglo- Saxon race against the threat of …

Law And Anti-Blackness, Michele Goodwin

Michigan Journal of Race and Law

This Article addresses a thin slice of the American stain. Its value derives from the conversation it attempts to foster related to reckoning, reconciliation, and redemption. As the 1930s Federal Writers’ Project attempted to illuminate and make sense of slavery through its Born in Slavery: Slave Narratives From 1936-1938, so too this project seeks to uncover and name law’s role in fomenting racial division and caste. Part I turns to pathos and hate, creating race and otherness through legislating reproduction— literal and figurative. Part II turns to the Thirteenth Amendment. It argues that the preservation of slavery endured through …

Speaking Femicide, Caroline Davidson

American University Law Review

Femicide is typically defined as the killing of a woman because she is a woman. It has been the subject of mass protests in cities from Buenos Aires to Paris and in some places has made the leap to law as a crime unto itself or basis for a sentencing enhancement in homicide cases. Proponents of the label of femicide seek to bring attention to gendered violence against women and end a culture of tolerance and impunity for such violence. Meanwhile, in the United States, it is neither legislated nor discussed.

This Article explores the concept of femicide and asks …

Taking Aim At “Fake News”: Brazil’S Legislative Agenda For Online Democracy, Jeffrey Omari

Saint Louis University Law Journal

Like the United States, Brazil has recently been plagued by a crisis in online disinformation. After the country’s 2018 presidential elections, many Brazilians experienced a shock similar to that experienced by U.S. voters after the 2016 election of Donald Trump. The shock was the result of the election of Brazil’s far-right wing Jair Bolsonaro and his striking political ascent, which was fueled by supporters who mobilized online disinformation campaigns for Bolsonaro’s competitive advantage. During Brazil’s 2018 elections, Bolsonaro’s supporters employed these disinformation campaigns, which often preyed on Brazil’s poor, to gain a voting base in disadvantaged communities. Moreover, these disinformation …

Fiscal Geography, Eric A. San Juan

University of Florida Journal of Law & Public Policy

No abstract provided.

Hidden Hunger In Peacetime And Wartime: Retailoring The 'Responsibility To Protect' To Food-Power Discourses In Burundi And North Korea, Between International Politics And International Law, Riccardo Vecellio Segate

North Carolina Journal of International Law

No abstract provided.

Thoroughly Modern Motherhood, Joanna Grossman

SMU Law Review

No abstract provided.

The Unconstitutionality Of State Bans On Marriage Between First Cousins, Rachel Frommer

Cardozo Law Review de•novo

A majority of jurisdictions in the United States severely limit or prohibit the right of first cousins to marry, cohabit, or have intercourse. Yet, unlike regulation of other relationships within close degrees of consanguinity, for instance between parents and children or siblings, these statutes are relatively recent additions to the marriage regulation landscape. These bans are unsupported by the commonly-cited concerns of harmful genetic or societal consequences. First cousin-marriages are, instead, popular and permitted in much of the world—as they once were in the United States. This Article demonstrates that the prohibitions against first-cousin marriages directly contravene right-to-marry jurisprudence and …

The Beginning Of History For Corporate Law: Corporate Government, Social Purpose And The Case Of Sutton’S Hospital (1612), David Smith

Seattle University Law Review

This Symposium Article is an invitation to rethink the Anglo-American history of corporate law from different perspectives. This Article uses new sources to investigate Sutton’s Hospital and corporate development in England during the sixteenth and seventeenth centuries. By doing so, the analysis reveals overlooked connections between the history of corporate law, religious thought, and social purpose. In turn, the recognition of these connections challenges the received history of pre-modern corporate law. Although this history shapes contemporary Anglo-American debates over corporate personality and purpose, few have scrutinized its underlying assumptions.

Keeping Watch From Liftoff To Landing: A Call For Increased Public Education On The Intersection Of Human Trafficking And Commercial Air Travel, Gretchen Mahoney

Journal of Air Law and Commerce

Over the past two decades, multilateral organizations and the U.S. government have fought tirelessly to eradicate human trafficking. Drafting and passing protocols, resolutions, and statutes, these entities attempted to gain the upper hand by collecting and sharing data, bolstering victim services, and training agency officials, law enforcement officers, prosecutors, and judges on the hallmarks of trafficking circumstances. While these efforts delivered results and are cause for celebration, data shows that human trafficking remains deeply established and operative across the world even with these thorough steps.

A crucial venue for exposing and disrupting trafficking operations is the transportation industry. Traffickers exploit …

The Strategy Of Joko Widodo’S Political Communication On 2019 Election Winning In Papua, Abdurrahman Abdurrahman, Riffal Ruchianderan, Palupi Lindiasari Samputra

Journal of Strategic and Global Studies

The purpose of this research is to (1) analyze the influence of trans papua, noken and cultural approach to Jokowi's victory in Papua, both partially and simultaneously, (2) analyze Jokowi's winning strategy in Papua. The research method uses a quantitative approach with cross-sectional data as many as 29 districts in the 2019 general election. Data analysis uses multiple linear regression, with the Jokowi winning vote variable as the dependent variable, noken, trans papua voter characteristics and culture as an independent variable. The results showed that there was a positive and significant influence of the Noken system in Papua on Jokowi's …

Covid-19’S Impact On Human Trafficking: The Invisible Industry In New Hampshire, Brittany Dunkle

Honors Theses and Capstones

Human trafficking is a modern-day form of slavery that operates on the premise of exploitation, such as forced prostitution and labor, and organ trafficking. This is a global industry resulting in billions. Despite the current global pandemic, COVID-19, putting a halt to many livelihoods around the world, human trafficking will persist, but in conditions that are potentially more harmful for the victims. Victims of trafficking are in an increasingly vulnerable position, and it is important to establish possible mechanisms to protect as many victims and potential victims as possible. Typical risk factors (i.e., poverty, state’s interest vs. individual interest, unemployment) …

Visibility And Indivisibility In Resource Arrangements, Lee Anne Fennell

Public Law and Legal Theory Working Papers

Projects like highways, bridges, pipelines, and wildlife corridors exhibit indivisibilities — we need the whole thing to have anything of value. Many environmental and social goals have a similar all-or-nothing character: staying above or below a certain critical threshold can make all the difference. This essay focuses on the role of visibility in addressing resource dilemmas that have this structure. I examine how two kinds of visibility can help avoid catastrophic consequences and advance desirable ones. The first involves recognizing when an indivisibility is present — that is, appreciating the vulnerability of resources to thresholds and cliff effects before it …

Ethical Challenges In The Middle Tier Of Covid-19 Vaccine Allocation: Guidance For Organizational Decision-Making, Nancy Berlinger, Matthew Wynia, Tia Powell, Aimee Milliken, Parinda Khatri, Fatma Marouf, Keisha Ray, Johanna Crane

Faculty Scholarship

This supplement to The Hastings Center’s “Ethical Framework” aims to help structure time-sensitive discussion of significant, foreseeable ethical concerns in responding to Covid-19 and to support collaboration across institutions throughout pandemic response and recovery. It is designed for use by county health systems and by hospitals, community health centers, and other health care organizations responsible for patient care or preventive health, including vaccine education, vaccine distribution, and vaccination. This document aims to support formal and informal convening and policy work within the same geographic region, such as a municipality, county, metropolitan area, state, or multistate area, led by public health …

From Sandbox To Pandemic: Agile Reform Of Canadian Drug Regulation, Ipek Eren Vural, Matthew Herder, Janice E. Graham

Articles, Book Chapters, & Popular Press

Public health urgency for emerging COVID-19 treatments and vaccines challenges regulators worldwide to ensure safety and efficacy while expediting approval. In Canada, legislative amendments by 2019 Om- nibus Bill C-97 created a new "agile" licensing framework known as the "Advanced Therapeutic Pathway" (ATPathway) and modernized the regulation of clinical trials of drugs, vaccines, and medical devices. Bill C-97′s amendments are worthy of attention in Canada and globally, as health product regulation bends to COVID-19. The amendments follow reforms elsewhere to accommodate health product innovation, how- ever, the Canadian ATPathway is broader and more flexible than its counterparts in other jurisdictions. …

In The Name Of Public Health: Misoprostol And The New Criminalization Of Abortion In Brazil, Mariana Prandini Assis, Joanna Erdman

Articles, Book Chapters, & Popular Press

This article explores the criminal regulation of misoprostol as a controlled drug in Brazil as a new form of abortion criminalization. A qualitative analysis of Brazilian case law shows how the courts use a public health rhetoric of unsafe abortion to criminalize the distribution of misoprostol in the informal sector. Rather than an invention of the local bench, this judicial rhetoric reflects global public health discourse and policy on unsafe abortion and the double life of misoprostol as both an essential medicine and a controlled drug. In contrast to previous studies, the article shows that abortion criminalization is not the …

(Im)Mutable Race?, Deepa Das Acevedo

Faculty Articles

Courts rarely question the racial identity claims made by parties litigating employment discrimination disputes. But what if this kind of identity claim is itself at the core of a dispute? A recent cluster of “reverse passing” scandals featured individuals—Rachel Dolezal and Jessica Krug among them—who were born white, yet who were revealed to have lived as members of Black, Indigenous, or Person of Color (BIPOC) communities. These incidents suggest that courts will soon have to make determinations of racial identity as a threshold matter in disputes over employment discrimination and contract termination. More specifically, courts will have to decide whether …

Images Of Reach, Range, And Recognition: Thinking About Emotions In The Study Of International Law, Emily Kidd White

Articles & Book Chapters

There is much critical potential in bringing together the philosophy of emotion and the study of international law. Narratives about legitimate political and legal authority have tended to either assume that it is possible to extricate emotions from political judgement, or to rest upon uncomplicated (and wholly demystified) assumptions about the legibility of emotions over time and place. Philosophers interested in emotion have regularly grappled with questions concerning an emotion’s reach and range (insofar that the emotion in question bears an intersubjective component), and recognition (comprehensibility) of emotions beyond one’s own social and political communities (or even beyond one’s self). …

Introduction To The Edward Elgar Research Handbook On Law And Emotion, Susan A. Bandes, Jody Lynee Madeira, Kathryn D. Temple, Emily Kidd White

Articles & Book Chapters

The role of emotion in law has long been shrouded in mystery. The legal system is built on assumptions about human behavior, including assumptions about emotion. Thus, unavoidably, understanding emotion is an essential part of building a fairer, more effective system. Yet the emergence and growth of Law and Emotion as a field of study has been slowed by the belief that merely by acknowledging emotion, scholars and jurists would undermine the rule of law. It has been further hampered by the suspicion that emotions are too ephemeral or subjective to be understood in any systematic way. For too long, …

R V Sparrow, Kent Mcneil

Articles & Book Chapters

On appeal from the Supreme Court of Canada.

In 1984, Ronald Sparrow was charged under the federal Fisheries Act with fishing in the Fraser River in British Columbia with a drift net longer than permitted by the Musqueam First Nation’s food fishing licence. He admitted to fishing with such a net, but raised s 35(1) of the Constitution Act, 1982, as a defence. As a member of the Musqueam Nation, he claimed that he has an Aboriginal right, protected by that subsection, to fish for food, and that the restriction on net length interferes with this right and is …

China’S Rising (And America’S Declining) Influence In Global Tax Governance?, Jinyan Li

Articles & Book Chapters

What are the implications of China’s rise for the US dominance in global tax governance? Will the signs of “decoupling” or parallel standards in other areas, such as technology (e.g., 5G) and COVID-19 vaccine appear in tax policy? Will China go along with the US-catalyzed global minimum tax in Pillar Two and US-modified reallocation of residual profits to market jurisdictions under Pillar One?

This article considers these questions in light of the broader historical and geopolitical context. 11 Section 2 provides an overview of the nature, purpose and legal instruments of international taxation and highlights the significance of the China …

Dumping: On Law Reviews, James Boyle

Faculty Scholarship

No abstract provided.