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Changing The Subject Of Sati, Deepa Das Acevedo Jan 2020

Changing The Subject Of Sati, Deepa Das Acevedo

Faculty Articles

Charan Shah's 1999 death was widely considered to be the first sati, or widow immolation, to have occurred in India in over twenty years. Media coverage of the event focused on procedural minutiae-her sari, her demeanor-and ultimately, several progressive commentators came to the counterintuitive conclusion that the ritually anomalous nature of Charan's death confirmed its voluntary, secular, and noncriminal nature. This article argues that the "unlabeling" of Charan's death, like those of other women between 1999 and 2006, reflects a tension between the nonindividuated, impervious model of personhood exemplified by sati and the particularized citizen-subject of liberal-democratic politics in India.


Essentializing Labor Before, During, And After The Coronavirus Pandemic, Deepa Das Acevedo Jan 2020

Essentializing Labor Before, During, And After The Coronavirus Pandemic, Deepa Das Acevedo

Faculty Articles

In the era of COVID-19, the term essential labor has become part of our daily lexicon. Between March and May 2020, essential labor was not just the only kind of paid labor occurring across most of the United States; it was also, many argued, the only thing preventing utter economic and humanitarian collapse. As a result of this sudden significance, legal scholars, workers’ advocates, and politicians have scrambled to articulate exactly what makes essential labor “essential.” Some commentators have also argued that the rise of essential labor as a conceptual category disrupts—or should disrupt—longstanding patterns in the way the nation …


The Modern Architecture Of Religious Freedom As A Fundamental Right, Peter G. Danchin Jan 2020

The Modern Architecture Of Religious Freedom As A Fundamental Right, Peter G. Danchin

Faculty Scholarship

No abstract provided.


Gmo Corn, Mexico, And Coloniality, Ernesto Hernandez-Lopez Jan 2020

Gmo Corn, Mexico, And Coloniality, Ernesto Hernandez-Lopez

Vanderbilt Journal of Entertainment & Technology Law

Genetically modified ("GMO") corn germinates legal controversies in Mexico. Since 2013, Mexican courts have temporarily suspended GMO corn because it threatens biodiversity. In the Colectividad del Maiz lawsuit, courts have prohibited Mexico from issuing commercial GMO permits while the litigation continues. Companies like Monsanto need these permits to sell GMO seeds. Corn is the most essential food item for millions of Mexicans and is central to Mexican culture. Mexicans wait for Colectividad del Maiz's resolution, siding with biodiversity or GMOs. This Article describes scientific GMO controversies and analyzes biosecurity, class-action, and international environmental law. It argues that this corn fight …


Zoning For Families, Sara C. Bronin Jan 2020

Zoning For Families, Sara C. Bronin

Cornell Law Faculty Publications

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. …


Incitement In An Era Of Populism: Updating Brandenburg After Charlottesville, Richard A. Wilson, Jordan Kiper Jan 2020

Incitement In An Era Of Populism: Updating Brandenburg After Charlottesville, Richard A. Wilson, Jordan Kiper

Faculty Articles and Papers

We live in an era of populism, characterized by political polarization, inciting speech on social media, and an escalation in hate crimes. The regulatory framework for direct incitement to imminent lawless action established fifty years ago in Brandenburg is showing signs of severe strain. One of the central frailties of Brandenburg’s three-part test is the lack of guidance on how courts should evaluate the probability that an inciting speech act will cause an imminent offense. In the absence of clear direction on analyzing risk, judges often rely on outdated heuristics and misleading metaphors. This article is the first to draw …


Reimagining The Death Penalty: Targeting Christians, Conservatives, Spearit Jan 2020

Reimagining The Death Penalty: Targeting Christians, Conservatives, Spearit

Buffalo Law Review

This Article is an interdisciplinary response to an entrenched legal and cultural problem. It incorporates legal analysis, religious study and the anthropological notion of “culture work” to consider death penalty abolitionism and prospects for abolishing the death penalty in the United States. The Article argues that abolitionists must reimagine their audiences and repackage their message for broader social consumption, particularly for Christian and conservative audiences. Even though abolitionists are characterized by some as “bleeding heart” liberals, this is not an accurate portrayal of how the death penalty maps across the political spectrum. Abolitionists must learn that conservatives are potential allies …


Anything You Can Do, Ai Can't Do Better: An Analysis Of Conception As A Requirement For Patent Inventorship And A Rationale For Excluding Ai Inventors, Kaelyn R. Knutson Jan 2020

Anything You Can Do, Ai Can't Do Better: An Analysis Of Conception As A Requirement For Patent Inventorship And A Rationale For Excluding Ai Inventors, Kaelyn R. Knutson

Cybaris®

No abstract provided.


The Makings Of A Culturally Savvy Lawyer: Novel Approaches For Teaching And Assessing Cross-Cultural Skills In Law School, Shahrokh Falati Jan 2020

The Makings Of A Culturally Savvy Lawyer: Novel Approaches For Teaching And Assessing Cross-Cultural Skills In Law School, Shahrokh Falati

The Journal of Law and Education

No abstract provided.


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 Jan 2020

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

Faculty Publications & Other Works

No abstract provided.


Supreme Court Journalism: From Law To Spectacle?, Barry Sullivan, Cristina Tilley Jan 2020

Supreme Court Journalism: From Law To Spectacle?, Barry Sullivan, Cristina Tilley

Faculty Publications & Other Works

Few people outside certain specialized sectors of the press and the legal profession have any particular reason to read the increasingly voluminous opinions through which the Justices of the Supreme Court explain their interpretations of the Constitution and laws. Most of what the public knows about the Supreme Court necessarily comes from the press. That fact raises questions of considerable importance to the functioning of our constitutional democracy: How, for example, does the press describe the work of the Supreme Court? And has the way in which the press describes the work of the Court changed over the past several …


A Leap Of Faith: Twail Meets Caribbean Queer Rights Jurisprudence—Intersections With International Human Rights Law, H. Patrick Wells Jan 2020

A Leap Of Faith: Twail Meets Caribbean Queer Rights Jurisprudence—Intersections With International Human Rights Law, H. Patrick Wells

Dalhousie Law Journal

This article examines the legal status of queer rights in Caribbean jurisprudence. It conducts an analysis of Caribbean queer rights case law, in order to arrive at an understanding of the extent and dynamics of constitutional protection for these rights. It then uses the revelations from this analysis to determine how Caribbean queer rights jurisprudence has intersected with international human rights norms, values and rules. Finally, the article applies the TWAIL methodological approach to international law to argue that the Caribbean queer rights jurisprudence has not so far reflected the counter-hegemonic, resistance, anti-imperialist discourse that TWAIL champions, in spite of …


Popping The Question: What The Questionnaire For Federal Judicial Appointments Reveals About The Pursuit Of Justice, Diversity, And The Commitment To Transparency, Agathon Fric Jan 2020

Popping The Question: What The Questionnaire For Federal Judicial Appointments Reveals About The Pursuit Of Justice, Diversity, And The Commitment To Transparency, Agathon Fric

Dalhousie Law Journal

Since 2017, the Canadian government has published excerpts from questionnaires that prospective judges completed as part of the judicial selection process, subjecting newly appointed superior and federal court judges to a degree of scrutiny that is unprecedented in Canadian history. Using this novel source material, this article explores what a sample of 16 judges’ questionnaires do and do not say about the individuals behind the robes. This review suggests that those appointed to the bench in 2017 generally demonstrate insight into the judicial role in Canada. However, some provide only superficial responses, others parrot back normative values that the government …


Forensic Pathologists As Expert Witnesses In Estimating Time Of Death, Corissa Sherman Jan 2020

Forensic Pathologists As Expert Witnesses In Estimating Time Of Death, Corissa Sherman

Student Works

No abstract provided.


Not Yet America's Best Idea: Law, Inequality, And Grand Canyon National Park, Sarah Krakoff Jan 2020

Not Yet America's Best Idea: Law, Inequality, And Grand Canyon National Park, Sarah Krakoff

University of Colorado Law Review

No abstract provided.


Tribal Consultation Policy And Practice:A Case Study Of The Confederated Salish And Kootenai Tribes And Nmisuletkʷ (The Middle Fork Of The Clark Fork River) As A Tribal Trust Resource, Jennifer J. Harrington Jan 2020

Tribal Consultation Policy And Practice:A Case Study Of The Confederated Salish And Kootenai Tribes And Nmisuletkʷ (The Middle Fork Of The Clark Fork River) As A Tribal Trust Resource, Jennifer J. Harrington

Graduate Student Theses, Dissertations, & Professional Papers

Formal, government-to-government Consultation between sovereign nations is a process of continuous relationship-building, a partnership and an agreement made with all points-of-view included in the process, with results that have the fingerprint of all nations involved evident. The Federal Government is obligated to work with Federally-recognized Tribes as sovereign nations in matters that have or will impact each Nation’s people and places (reservations, treaty-protected areas)—a process legally known as Consultation. The Environmental Protection Agency (EPA), as a federal agency, must uphold the Federal Trust responsibility which includes the act of Consulting with Federally-recognized Tribes on matters involving human health and the …


Fleshy Encounters: Meddling With Zoo And Aquarium Veterinarians, Irus Braverman Jan 2020

Fleshy Encounters: Meddling With Zoo And Aquarium Veterinarians, Irus Braverman

Journal Articles

This article aims to make visible expert practices that take place behind closed doors and that are perceived as being of no concern to the public, who wouldn’t understand them anyway. The experts that this article is concerned with are medical practitioners of a particular kind: zoo and aquarium veterinarians. I utilize both text and multimedia presentations to allow the veterinarians I interviewed to directly explain their work to the reader, who may then experience this work, the space and environment where it is performed, and the tools with which it is conducted, on a more affective and sensorial plane. …


Third World Approaches To International Law Review: A Journal For A Community, Usha Natarajan, Laura Betancur-Restrepo, Amar Bhatia, John Reynolds, Ntina Tzouvala, Sujith Xavier Jan 2020

Third World Approaches To International Law Review: A Journal For A Community, Usha Natarajan, Laura Betancur-Restrepo, Amar Bhatia, John Reynolds, Ntina Tzouvala, Sujith Xavier

Articles & Book Chapters

Our purpose in creating the TWAIL Review is to provide a space for critical scholars, mainly from the global South and their allies oriented to the South, to participate in the project of international law, to produce knowledge creatively through interdisciplinarity, and to push our discipline towards becoming more just, more radical, and more responsive to the collective challenges we face.


The Contrasting Fates Of French Canadian And Indigenous Constitutionalism: British North America, 1760-1867, Philip Girard Jan 2020

The Contrasting Fates Of French Canadian And Indigenous Constitutionalism: British North America, 1760-1867, Philip Girard

Articles & Book Chapters

In the century after the fall of New France, both Indigenous peoples of Canada and French Canadians could be described as colonised peoples. Yet the treatment of each group's pre-existing laws and the ways in which each found its constitutional demands recognised (or not) varied considerably. In spite of significant rebellions in 1837-1838, French Canadians went on to achieve a high degree of autonomy within the province of Quebec in the British North America Act 1867. Meanwhile, intercultural legal arrangements with Indigenous peoples, such as the Covenant Chain, which could be termed constitutional, were gradually undermined, ignored and forgotten. This …


The Paradoxes Of Defensive Medicine, Michael J. Saks, Stephan Landsman Jan 2020

The Paradoxes Of Defensive Medicine, Michael J. Saks, Stephan Landsman

Health Matrix: The Journal of Law-Medicine

For decades, “defensive medicine” has been the leading argument driving reforms of medical malpractice laws throughout the United States. Defensive medicine is the presumed practice of administering excessive tests and treatments as a stratagem for reducing healthcare providers’ risk of malpractice liability, despite the absence of any expected benefit for the patient. The practice is widely believed to exist throughout American healthcare as a response to fears of malpractice litigation, and thought to be enormously wasteful of healthcare dollars. In consequence, it has become a justification for law reforms insulating the healthcare industry from tort liability. These claims are promoted …


Global Energy Poverty: The Relevance Of Faith And Reason, Lakshman Guruswamy Jan 2020

Global Energy Poverty: The Relevance Of Faith And Reason, Lakshman Guruswamy

Publications

The challenge of energy poverty (EP) primarily confronts the least developed countries (LDCs) of the world, located in Africa and Asia, but is also prevalent within segments of more advanced developing countries in Asia. This article will first delineate the nature of global energy poverty that results in the premature deaths of millions of people and leads to pervasive sickness among many more millions. The article will next sketch the legal and political responses to this problem that have generally applied principles of sustainable development (SD) and the seventeen Sustainable Development Goals (SDGs) of 2015 adopted by the General Assembly …


7 Podcasts For Lawyers Who Love True Crime, Nicole P. Dyszlewski Jan 2020

7 Podcasts For Lawyers Who Love True Crime, Nicole P. Dyszlewski

Law Faculty Scholarship

No abstract provided.


(Indigenous) Language As A Human Right, Kristen Carpenter, Alexey Tsykarev Jan 2020

(Indigenous) Language As A Human Right, Kristen Carpenter, Alexey Tsykarev

Publications

The United Nations General Assembly has proclaimed 2022-2032 as the International Decade of Indigenous Languages. Building on lessons of the International Year of Indigenous Languages of 2019, the Decade will "draw attention to the critical loss of indigenous languages and the urgent need to preserve, revitalize and promote indigenous languages." These actions are necessary, in part, because existing laws and policies have proven inadequate to redress the legacy of state suppression of indigenous languages or ensure nondiscrimination in contemporary usage. In light of the International Year and Decade, this Article explores the rights of indigenous peoples to "use, revitalize, and …


Tear Down This Wall?: The Destruction Of Sanctioned Street Art Under U.S. And Italian Law, Sara Rosano, Birgit Kurtz Jan 2020

Tear Down This Wall?: The Destruction Of Sanctioned Street Art Under U.S. And Italian Law, Sara Rosano, Birgit Kurtz

Fordham Intellectual Property, Media and Entertainment Law Journal

The United States and Italy are important countries for art and artists, including “street art”—also known as “aerosol art.” How does the law treat street artists in the two countries? Specifically, what are the legal consequences if an artist creates aerosol art on a wall or building with the property owner’s permission, and the property owner tears down the wall or building, thus destroying the artwork? In the United States, the 2018 decision in the 5Pointz case provided a detailed analysis of the applicable law; the court found in favor of a group of aerosol artists against the property owner. …


The Dinosaur In The Living Room: A Proposal To Enable Academic Access To Fossils Discovered On Private Land, Sara K. Mazurek Jan 2020

The Dinosaur In The Living Room: A Proposal To Enable Academic Access To Fossils Discovered On Private Land, Sara K. Mazurek

Fordham Intellectual Property, Media and Entertainment Law Journal

The United States has been a major source of scientifically significant paleontological discoveries over the course of its history. In addition to invaluable primary source material for the study of evolution and climate change, American paleontology has additionally been invoked as symbols of American power since the founding of the country. Even though fossils are prominent national heritage, the United States today only uniformly regulates their excavation and use on federal public lands through the Paleontological Resources Preservation Act. When fossils are discovered on private land, landowners and those with whom they contract often sell them to private collectors, which …


Can Adaptive Management Help Alaska’S Natural Resource Managers Respond To Climate Change?, E. Barrett Ristroph Jan 2020

Can Adaptive Management Help Alaska’S Natural Resource Managers Respond To Climate Change?, E. Barrett Ristroph

Natural Resources Journal

Many legal scholars have called attention to the inability of stationary natural resource management laws to respond to a changing climate. There are various proposals for remedying these laws, including the use of adaptive management, through which resource managers can monitor changes and adjust policies accordingly. Yet there are practical and political challenges to implementing adaptive management. This article considers the extent to which adaptive management has been or could be implemented in response to Alaska’s rapid climate change. Alaska is an important case study as it is warming far more quickly than many other parts of the globe, paving …


Considering A Domestic Terror Statute And Its Alternatives, Francesca Laguardia Jan 2020

Considering A Domestic Terror Statute And Its Alternatives, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

Recent years have seen an increase in right-wing extremist violence within the United States, which has highlighted the disparities in law enforcement’s handling of “international” as opposed to “domestic” terrorism. Public, legal, and law enforcement commenters have begun calling for a “domestic terrorism statute,” arguing that the lack of such a statute is the largest hurdle in prosecuting domestic terrorists. This Essay explains that the primary cause of the disparity in prosecutions between domestic and international terrorists is not a lack of a domestic terrorism statute but rather the lack of a generalized terrorism statute and the failure to designate …


Education Is Liberation: The Power Of Alternative Education Spaces, Matthew Amani Glover Jan 2020

Education Is Liberation: The Power Of Alternative Education Spaces, Matthew Amani Glover

City University of New York Law Review

No abstract provided.


The Cultural Constraints Of Legal Transplantation A Ten-Year Retrospective, James L. Nolan Jr. Jan 2020

The Cultural Constraints Of Legal Transplantation A Ten-Year Retrospective, James L. Nolan Jr.

Cardozo Journal of Conflict Resolution

No abstract provided.


The Communitarian Work And Vision(S) Of Robert Cochran (And Thomas Shaffer), Richard W. Garnett Jan 2020

The Communitarian Work And Vision(S) Of Robert Cochran (And Thomas Shaffer), Richard W. Garnett

Journal Articles

Professor Robert Cochran's work and thought were powerfully shaped by those of his friend, mentor, and teacher, the late Professor Thomas Shaffer, a towering figure in the religious lawyering movement. A leading theme in Shaffer's writing, one that has continued through and been developed in Cochran's, is "community." This Essay explores and unpacks this theme and highlights several ways that the idea of "community" functions in their vision of the lawyer 's role and vocation.