Digital Commons Network^™

When Your Colonizers Are Hypocrites: Federal Poverty "Solutions" And Indigenous Survival Of Sex Trafficking In Indian Country, Alix Bruce

Celebrating WCL Student Authors

No abstract provided.

The Cherokee Nation, John Marshall, And The Stadial Theory Of Development, 53 Uic J. Marshall L. Rev. 1 (2020), James Muldoon

UIC Law Review

No abstract provided.

Paternalism Or Gender-Neutrality?, Stephen J. Ware

Connecticut Law Review

The strong and widely accepted reasons for using gender-neutral language presumptively apply to the gendered word paternalism and its gender-neutral counterpart, parentalism. With these reasons in mind, this Article’s thesis is that legal scholars should begin with a presumption for using the gender-neutral word parentalism, while using paternalism only when emphasizing the important relevance of gender or otherwise trying to convey a gendered meaning. Accordingly, many legal scholars define paternalism in an expressly gendered way—such as “the institutionalization of male dominance,” or an “ideology [that] teaches men to minimize women’s agency”—or fittingly use paternalism to describe an attitude especially characteristic …

Indigenous Peoples’ Rights In Russian North: Main Challenges And Prospects For Future Development, Ruslan Garipov

Human Rights Brief

No abstract provided.

On Beauty And Policing, I. India Thusi

Faculty Scholarship

ABSTRACT-"To protect and serve" is the motto of police departments from Los Angeles to Cape Town. When police officers deviate from the twin goals of protection and service, for example by using excessive force or by maintaining hostile relations with the community, scholars recommend more training, more oversight, or more resources in policing. However, police appear to be motivated by a superseding goal in the area of sex work policing. In some places, the policing of sex workers is connected to police officers' perceptions of beauty, producing a hierarchy of desirable bodies as enforced by those sworn to protect and …

Cultural Linguistics And Treaty Language: A Modernized Approach To Interpreting Treaty Language To Capture The Tribe's Understanding, Dylan R. Hedden-Nicely

Articles

Language is a reflection of a thought world. A worldview that has been shaped by place to describe one's identity in space and time does not equate to species relatedness as a default to know one another. In the legal system of the United States, there is acknowledgement of treaties in colonized lands that there are rights granted from the tribes and not to them, and those rights are land based. Yet, the Indigenous voice is dead before arrival, before it enters the room of science, justice, academe, or otherwise. The exclusion of Indigenous peoples at the table of knowledge …

Designing Law To Enable Adaptive Governance Of Modern Wicked Problems, Barbara Cosens

Articles

In the twenty-first century, our planet is facing a period of rapid and fundamental change resulting from human domination so extensive it is expected to be visible in the geologic record. The accelerating rate of change compounds the global social-ecological challenges already deemed "wicked" due to conflicting goals and scientific uncertainty. Understanding how connected natural and human systems respond to change is essential to understanding the governance required to navigate these modern wicked problems. This Article views change through the lens of complexity and resilience theories to inform the challenges of governance in a world dominated by such massive and …

Protecting Participants In Genomic Research: Understanding The "Web Of Protections" Afforded By Federal And State Law, Leslie E. Wolf, Catherine M. Hammack, Erin Fuse Brown, Kathleen M. Brelsford, Laura M. Beskow

Law Faculty Scholarship

Advances in genomic research increasingly rely on large-scale datasets combining biospecimens, electronic health records, and behavioral data. This article examines the complex legal framework governing privacy and confidentiality protections for participants in genomic research in the United States. Through a combination of qualitative interviews with national thought leaders and systematic legal analysis of federal and state statutes, the authors assess how existing legal protections operate in practice. The study evaluates several hypothetical research scenarios—including the return of individual results, data breaches, and legal demands for data access—to illustrate how laws such as the Common Rule, HIPAA, the Genetic Information Nondiscrimination …

Professional Identity Formation Through Pro Bono Revealed Through Conversation Analysis, Linda F. Smith

Utah Law Faculty Scholarship

Law school is supposed to teach legal analysis and lawyering skills as well as mold law students’ professional identities. Pro Bono work provides an opportunity for law students to use their legal knowledge and skills and to develop their identities as emerging legal professionals. As important as both pro bono work and identity formation are, there has been very little research regarding how pro bono contributes to students’ identity formation. This paper utilizes a data set of over forty student-client consultations at a pro bono brief advice clinic that have been recorded and transcribed. It uses conversation analysis to study …

What Is A "Grave" International Crime? The Rome Statute, Durkheim And The Sociology Of Ruling Outrages, Nikolas M. Rajkovic

Loyola University Chicago International Law Review

No abstract provided.

International Law, Steven R. Ratner

Book Chapters

International law is central to both the discourse and practice of global justice. It offers a critical institutional site for transforming theories about global justice into binding rules with institutional enforcement; many of its rules have strong claims to morality; and it can offer insights into the nature of just arrangements at the international level. This chapter first introduces the key participants and fundamental norms of international law that respond to the various claims of those participants. Second, it elaborates on the range of engagement by international legal scholarship with questions of global justice. Legal scholars have incorporated concepts of …

Blood, Water, And The Indus Waters Treaty, Christopher R. Rossi

Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)

The contested and divided province of Jammu and Kashmir, situated on the western side of the Hindu Kush Himalayan Mountains, is one of the most dangerous and heavily militarized places on earth. It is a Muslim-majority borderland harboring contested territorial claims of three nuclear powers-- India, Pakistan, and China. Through it flow the headwaters of the six major tributaries that form the massive Indus Basin, the essential fresh water source for Pakistan and for upwards of 300 million Indians and Pakistanis. Since 1960, the unusual Indus Waters Treaty has governed the use of these waters. The treaty forwards a water-division …

Response To Birth Rights And Wrongs, Janet L. Dolgin

Hofstra Law Faculty Scholarship

No abstract provided.

Contracting Our Way To Inequality: Race, Reproductive Freedom, And The Quest For The Perfect Child, Camille Gear Rich

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Organizational Justice And Antidiscrimination, Bradley A. Areheart

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Confronting Cannibalism, Review Of Hadley Louise Friedland, The Wetiko Legal Principles: Cree And Anishinabek Responses To Violence And Victimization​ (Univ. Toronto Press, 2018), Lisa M. Kelly, Shelby Percival

Canadian Journal of Family Law

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Tracing Biometric Assemblages In India’S Surveillance State: Reproducing Colonial Logics, Reifying Caste Purity, And Quelling Dissent Through Aadhaar, Priya Prabhakar

Scripps Senior Theses

Tracing Biometric Assemblages in India’s Surveillance State seeks to understand the historical conditions that rendered the nation-state of India as having the world’s largest biometric surveillance system: Aadhaar. Surveillance practices used by the British Raj mirrors the current social order of the ruling Bharatiya Janata Party (BJP), as they use surveillance to similar ends in today’s political economy, through the intersecting forces of neoliberalism and ethnonationalism. This thesis is an exploration into how India’s current surveillance regimes cultivate biometric surveillant assemblages through Aadhaar. Contrary to claims that Aadhaar was created to empower the poor, I argue that these surveillance regimes …

The Chumash Heritage National Marine Sanctuary: An Exploration Of Changing The Discourse On Conservation, Arielle Ben-Hur

Pitzer Senior Theses

In 2015, the Northern Chumash Tribal Council submitted a National Marine Sanctuary Nomination to establish the Chumash Heritage National Marine Sanctuary– a means by which to ensure the protection of one of the most culturally and biologically diverse coastlines in the world. On October 5, 2015, John Armor of the National Oceanic and Atmospheric Administration (NOAA) responded to the nomination, adding it to the inventory of areas NOAA may consider in the future for national marine sanctuary designation.

In my thesis, I explore how the nomination of the Chumash Heritage National Marine Sanctuary acts as a platform from which Traditional …

Living Heritage, Stolen Meaning: Protecting Intangible Native American Cultural Resources Through The Right Of Publicity, 20 Uic Rev. Intell. Prop. L. 31 (2020), Shannon Price

UIC Review of Intellectual Property Law

No abstract provided.

Illiberalism And Authoritarianism In The American States, James A. Gardner

American University Law Review

Federalism contemplates subnational variation, but in the United States, the nature and significance of that variation has long been contested. In light of the recent turn, globally and nationally, toward authoritarianism, and the concurrent sharp decline in public support not merely for democracy but also for the philosophical liberalism on which democracy rests, it is necessary to discard or to substantially revise prior accounts of the nature of state-to-state variation in the United States. All such accounts implicitly presuppose a common commitment, across the political spectrum, to the core tenets of democratic liberalism, and consequently assume that subnational variations in …

Governance Of Arctic Shipping: Rethinking Risks, Human Impacts And Regulation, Aldo Chircop, Floris Goerlandt, Claudio Aporta, Ronald Pelot

OER Texts

This open access book is a result of the Dalhousie-led research project Safe Navigation and Environment Protection, supported by a grant from the Ocean Frontier Institute’s the Canada First Research Excellent Fund (CFREF). The book focuses on Arctic shipping and investigates how ocean change and anthropogenic impacts affect our understanding of risk, policy, management and regulation for safe navigation, environment protection, conflict management between ocean uses, and protection of Indigenous peoples’ interests. A rapidly changing Arctic as a result of climate change and ice loss is rendering the North more accessible, providing new opportunities while producing impacts on the Arctic. …

Beyond Cruzan: Dementia And The Best Interests Standard, Rebecca Susan Dresser

SMU Law Review

No abstract provided.

A Hunger For Justice : Everyday Forms Of Latinx Resistance In New York State's Capital Region, Cassandra Andrusz- Ho Ching

Legacy Theses & Dissertations (2009 - 2024)

Low-income racialized communities have always disproportionately struggled with food system inequities. However, after the 2008 financial crisis, conditions have become more precarious, especially in Latinx communities. This context has resulted in intensified food system inequities, manifesting as food insecurity, high food pricing, inconsistent and partial food programming, diet related diseases, low wages, worker and environmental rights abuses. This dissertation examines how low-income Latinx communities, respond to these intensified inequities in the New York State Capital Region from 2008-2018. Through qualitative research, interviews and observations, I assess the nature and context of everyday practices that undermine or resist food system inequities, …

Zoning For Families, Sara C. Bronin

Indiana Law Journal

Is a group of eight unrelated adults and three children living together and sharing meals, household expenses, and responsibilities—and holding themselves out to the world to have long-term commitments to each other—a family? Not according to most zoning codes—including that of Hartford, Connecticut, where the preceding scenario presented itself a few years ago. Zoning, which is the local regulation of land use, almost always defines family, limiting those who may live in a dwelling unit to those who satisfy the zoning code’s definition. Often times, this definition is drafted in a way that excludes many modern living arrangements and preferences. …

Encouraging Entrepreneurship And Innovation Through Regulatory Democratization, Seth C. Oranburg

Scholarly Articles

Law and economics scholars agree that business regulations have a disproportionately negative impact on entrepreneurship and innovation. It would be a significant problem indeed if the very nature of regulation inhibits this kind of growth and creativity. This view of the problem suggests that the only way to increase innovation would be to decrease regulation.

Yet this view is too general. When examined more closely, all regulations are not created equal. Regulations can be formulated as rules or standards, and they can be simple or complex. Moreover, some rules are easily understood by computers and are thus suitable for automated …

Urban Law At Night: Night Mayors And Nighttime Urban Governance Strategies For Sustainable Urban Night Spaces And Spatiotemporal Equality, Sara Gwendolyn Ross

Articles, Book Chapters, & Popular Press

This paper will explore the concept of the “night mayor” and nighttime governance structures by tracing their development, reviewing a number of examples, situating the concept within the concept of spatiotemporal equality and marginalization as well as within international guiding documents for equitable and sustainable urban development that require cities to think through their management of the night and its spaces and activities. Finally, this paper will also center the discussion on the experience of Vancouver, Canada as it begins to implement its newly adopted cultural plan for the city, begins to respond to existing challenges for the existence of …

Introduction, Aldo Chircop, Floris Goerlandt, Claudio Aporta, Ronald Pelot

Articles, Book Chapters, & Popular Press

This chapter introduces a multidisciplinary collection of chapters addressing various aspects of governance of Arctic shipping written by leading international scholars. It investigates how ocean changes and anthropogenic impacts affect our understanding of risk, policy, management and regulation for safe navigation, environment protection, conflict management between ocean uses, and protection of Indigenous peoples’ interests in Canadian Arctic waters. The book is divided in three parts, together providing a multi-faceted and interdisciplinary view on governance of Arctic shipping. The first part addresses conceptual and empirical aspects of risk governance, management, and assessment in the Canadian Arctic. The second part focuses on …

The Regulation Of Ship Emissions In Canadian Northwest Atlantic And Arctic Waters: Is There A Need For Consistency And Equity?, Aldo Chircop

Articles, Book Chapters, & Popular Press

Since the adoption of Annex VI of the International Convention on the Prevention of Pollution from Ships, 1973/78, the International Maritime Organization has gradually expanded the scope of ship emission regulation to include VOCs, SOx, NOx, particulate matter and, more recently, greenhouse gas emissions. This regulatory effort has not been integrated and displays some inconsistency and even fragmentation, resulting in different levels of environment protection for different regions and even potential conflicts between standards. The regulation of use and carriage of heavy sulphur fuel oil may lead to increase of clean fuel use and thereby produce more CO2 emissions. Designation …

Politics Of Adversarial Machine Learning, Kendra Albert, Jonathon Penney, Bruce Schneier, Ram Shankar Siva Kumar

Articles, Book Chapters, & Popular Press

In addition to their security properties, adversarial machine-learning attacks and defenses have political dimensions. They enable or foreclose certain options for both the subjects of the machine learning systems and for those who deploy them, creating risks for civil liberties and human rights. In this paper, we draw on insights from science and technology studies, anthropology, and human rights literature, to inform how defenses against adversarial attacks can be used to suppress dissent and limit attempts to investigate machine learning systems. To make this concrete, we use real-world examples of how attacks such as perturbation, model inversion, or membership inference …

Comparative Legal Perspectives On Cultural Land Trusts For Urban Spaces Of Culture, Community, And Art: A Tool For Counteracting Displacement, Sara Gwendolyn Ross

Articles, Book Chapters, & Popular Press

As cities redevelop and previously less desirable or marginalized portions of the city space are “retaken” by a city, areas that have provided affordable performance, rehearsal, and live/work space for the arts and culture sector are becoming increasingly less available for these uses. Focusing predominantly on the Canadian Civil Law and Common Law context with passing reference to other jurisdictions such as the US, Scotland, and the UK, this article explores techniques for managing the increased pressure on and increasingly rapid displacement of spaces of arts, culture, and community cultural wealth that is taking place in cities. To this end, …