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Investigating The Relationship Between Noun Classes And Plant Folk Taxonomy In Chasu Language Of Kilimanjaro Region In Tanzania, Peter Rabson Mziray

Journal of Humanities and Social Sciences

The current study investigates the relationship between noun classes and plant folk taxonomy in Chasu (G 22). The study focuses on two objectives: the first objective is to describe the plant folk taxonomy in Chasu and the second objective is to determine the relationship between noun classes and plant folk taxonomy in Chasu. Data were collected from rural villages in Same and Mwanga districts by using free listing, field interviews (jungle-walk-and-identify), and written texts containing Chasu plant names. The findings reveal that Chasu folk taxonomy reflects different ethnobotanical categories; including a unique beginner which is mmea/mimea ‘plant(s)’, and three life …

The Native American Graves Protection And Repatriation Act As A Model Of Cultural Sovereignty For Protecting Indigenous Sacred Site, Michalyn Steele

Fordham Law Review

No abstract provided.

Critical Approaches To Jurisdiction: The Struggle For Control Of Indigenous Lands And Resources, Dayna Scott

Articles & Book Chapters

This chapter questions the starting assumptions in thinking through questions of “jurisdiction” in public law, specifically in relation to assertions of inherent Indigenous territorial governing authority. It reviews the common conceptual images of jurisdiction we employ in law schools and offers resources from critical interdisciplinary theory for new conceptions. In highlighting examples of the present exercise of Indigenous territorial jurisdiction, such as the Kunst'aa guu— Kunst'aayah Reconciliation Protocol and the Tsleil-Waututh Sacred Trust Assessment of the Trans Mountain Expansion (TMX) project, the chapter urges public law scholars to adopt an orientation of prefiguration in order to bring into being conceptualizations …

Corporeal Property And The Limits Of Nagpra, M. Alexander Pearl

Fordham Law Review

No abstract provided.

Comparative Legal Rhetoric, Lucy Jewel

Kentucky Law Journal

No abstract provided.

Trauma, Coercion, And The Tools Of Trafficking Exploitation: Examining The Consequences For Children And Youth In The Justice System, Sarah Bendtsen Diedhiou, Sarah Roberts, Christine Raino

Kentucky Law Journal

No abstract provided.

Diverse Legalities: Towards A Legal Theory For A Postcapitalist Political Economy, Amy J. Cohen, Stephen Healy

Law and Contemporary Problems

Law and political economy (LPE) scholars have revived a longstanding debate over the relationship among law, capitalism, and postcapitalist possibility. Is law a creature of capitalism, destined to reproduce its dynamics of exploitation and dominance? Or are there moments of indeterminacy in law that function specifically as openings to a postcapitalist elsewhere?

We enter this debate by posing a different question. Following feminist Marxist economic geographers J.K. Gibson-Graham, we ask what questions arise for LPE scholars if we begin instead with the presumption "that postcapitalist worlds are already here but have been cast into shadow by a singular economic framing …

The Key To Acquiring The Language Of Law, Science, And Technology In The Esl College Classroom, Patricia George-Hunter

Journal of English Learner Education

Since vocabulary plays a significant role in second language acquisition, expansive vocabulary targets should be set and pursued. This paper explores the results of introducing affixes to develop vocabulary and increase motivation for beginner to intermediate-level English language learners (ELLs) pursuing academic disciplines in law, science, and technology at a New York City community college. Participants included 23 ELLs with diverse linguistic, educational, and sociocultural backgrounds enrolled in an online synchronous Integrative Language Seminar (ILS) designed to develop all areas of English language proficiency. Pre‑, post‑, delayed tests, questionnaires, and post‑intervention interviews were conducted and analyzed to establish the language …

Adjudicating Atrocity: Reading Hitesh Verma V State Of Uttarakhand As A "Landmark" Case In The Judicial Discourse On Caste Violence, Tejaswi Chhatwal

Socio-Legal Review

This article critically examines the Supreme Court’s judgment in Hitesh Verma v State of Uttarakhand (2020) and argues for reading it as a “landmark trial” in the judicial undoing of reform—namely, the statutory changes introduced by the 2016 Amendment to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989. Existing socio-legal scholarship on atrocity jurisprudence has shown that the judicial understanding of caste violence and doctrinally instituted evidentiary standards have historically operated to invisibilise caste from crime’s framework. As a result, most instances of caste-based discrimination and violence have not been named as offences of “atrocity” under the …

“That’S Not My Name”: The Linguistic Violence Of Misnaming Parties In Court Proceedings, Robert S. Chang, Cecily C. Hazelrigg, Linda Cj Lee

Washington Law Review

This Article calls attention to the harms done when parties are misnamed in legal proceedings. Misnaming, which many might initially consider trivial, is properly understood as a form of linguistic violence that can inflict dignitary harms as well as have material consequences. Misnaming takes on a different valence when it is done by the state. This Article focuses on the misnaming of Indigenous, Asian, and Latine people, beginning first with the way misnaming is done by the administrative state. The authors then discuss misnaming as it has operated in legal proceedings, providing both historical and contemporary examples from federal and …

Subsistence As Resistance: Reconceptualizing The Theory Of Progressive Property To Incubate Resistance To Consumerism, D.S. Pensley

William & Mary Environmental Law and Policy Review

This Article reconceptualizes the theory of progressive property by juxtaposing legal theory with the empirical study of a subsistence economy in the U.S. Subarctic. Progressive property holds that owners are bound by obligations to non-owners as a means to achieve human flourishing. The theory is constrained by the primacy of private property in Western thought, and it also lacks the ecological ethic required for sustainability. Drawing from my fieldwork, I suggest that human flourishing must additionally incubate resistance to consumerism.

Federal statute, 16 U.S.C. § 3113, defines subsistence as “the customary and traditional uses by rural Alaska residents of wild, …

Noise Law, Joshua Ulan Galperin

Elisabeth Haub School of Law Faculty Publications

The rumble of traffic, the drone of air conditioners, the blast of construction equipment. These are the mundane sources of noise pollution that we all experience but rarely think about. Or, if we do think about noise pollution, we don't think of it as a central piece of federal environmental law. This Article, however, demonstrates that noise law is, or was, central to American environmental law, and it offers insights into how environmental protection and administrative governance work today.

In the 1970s, during the height of environmental activism and policymaking, lawmakers recognized noise as a serious pollutant alongside issues we …

Gender And Tax Scholarship As Critical Method, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

Part I of this Essay offers an overview of the legal scholarship that laid the intellectual foundation for the field of gender and tax scholarship. Part II briefly recaps the organization of the symposium and the work presented. The collective work arising from the symposium reflects both the breadth and complexity of contemporary thinking on gender and taxation. In many cases, the symposium essays push the boundaries of the field in new and generative directions. Part III then turns toward the future, identifying areas of inquiry that remain underexplored, with an eye toward paths for continued research. This Essay closes …

Law School Announcements 2025-2026, Law School Announcements Editors

Announcements

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Criminal Court's Disability, Zohra Ahmed

Faculty Scholarship

Do criminal courts meaningfully accommodate psychiatric disability? A review of competency proceedings across the United States suggests not. In competency to stand trial proceedings, criminal court actors offer a narrow vision of psychiatric disability that excludes many defendants. Ultimately, the institutional context of criminal court undermines even the meagre accommodations that the competency framework provides.

Competency proceedings are the constitutional accommodations available to disabled defendants if they can establish that they are unable to consult with their lawyers or if they do not have a rational or factual understanding of the proceedings against them. After a finding of incompetency, the …

Cruel, As Usual: Application Of The Eighth Amendment To The Use Of Juvenile Criminal Records In Higher Education Admissions, Rabab Alajmi

St. John's Law Review

(Excerpt)

This Note addresses the systemic barrier to societal reintegration faced by juvenile offenders applying to enroll in higher education. Specifically, this Note will examine whether, in light of the Fifth Circuit’s recent Hopkins v. Hosemann decision, Eighth Amendment protections against cruel and unusual punishments should be extended to college applicants with juvenile criminal records who have completed their sentences. This Note argues that the Eighth Amendment reasoning in the Hopkins decision should be applied to higher education institutions who consider an applicant’s juvenile criminal record where the applicant has already completed their sentence. While the Hopkins decision concerned “the …

Accounting For Fetal Personhood: Confronting The Implications Of Fetal Personhood On Vital Statistics Law, Alix Rogers

San Diego Law Review

In February 2024, in LePage v. Center for Reproductive Medicine, the Alabama Supreme Court held that embryos created through in-vitro fertilization (IVF) were legal persons. The national conversation about this ruling focused on the implications for IVF treatment. The impact of fetal personhood on the realm of vital records law has, to date, gone unnoticed. Vital records laws in the United States mandate the registration and collection of data for legislatively determined vital events. Vital records law influenced by fetal personhood, as well as broader trends to criminalize pregnancy, has profound and troubling implications for individuals experiencing spontaneous abortion …

Exclusion From The Good Life: The Impact Of Anti-Asian Racism On Asian Nebraskans, Heather Fryer, Sharon Ishii-Jordan

Truth and Reconciliation History Project

To understand how Americans of Asian descent experienced, adjusted, and overcame negative experiences in Nebraska, recognizing the external forces on their lives is paramount. The experiences of Asians in their diaspora across the U.S. and Nebraska during a 150-year span have been shaped by both external (global and domestic) and internal (personality and resilience) factors. The presence of stereotypes specifically targeted toward Asian Americans due to exotic imaginings, pseudoscience, and economic fears, in addition to the images created by national media, gave rise to society’s acceptance of stereotypes. These external factors contributed to a belief that continues to this day …

Sudan: A War Of Atrocities Report Of The Independent International Fact-Finding Mission For The Sudan, - Annual Report Of The United Nations High Commissioner For Human Rights And Reports Of The Office Of The High Commissioner And The Secretary-General

The Journal of Social Encounters

This report documents attacks on civilians and objects essential for their survival in Sudan. It concludes that both parties to the conflict violated international human rights and humanitarian law, with most violations amounting to war crimes. The Rapid Support Forces’ conduct may also constitute crimes against humanity, including persecution and extermination. The report calls for accountability and sets out a roadmap for justice.

Illegal Corporate Cultures, Elise Bernlohr Maizel

Duke Law Journal

Culture is a powerful force in corporate compliance. Corporate culture shapes how employees behave, dictating whether, when, and how they follow the law. Cases arising out of cultural failures often involve public harm—plane crashes, poisoned rivers, tainted cancer drugs, and collapsed mines. Before these awful outcomes, however, the corporations that caused these harms fostered cultures that permitted the disregard of legal commands and public commitments. Managers disparaged safety regulations. Messages about profits and production drowned out messages about compliance and safety. Yet, there is a gap between all we know about the power of culture and our understanding of corporate …

Discovering The Doctrine Of Discovery, Douglas Lind

Public Land & Resources Law Review

The doctrine of discovery is a concept in crisis. A principle of public international law associated with the so-called Age of Discovery, the doctrine of discovery is commonly said to have authorized European nations to claim the lands of indigenous peoples and establish settlements on the basis of “discovery” alone. Today, with good reason, the doctrine is widely condemned. The United Nations has denounced it as “the very foundation of genocide.” Describing its manifest injustices against indigenous cultures, dominion, and sovereignty as “devastating, far-reaching and intergenerational,” the UN Economic and Social Council has called for the doctrine to be categorically …

Uses And Abuses Of Johnson V. M’Intosh In Native American Land Rights Cases: Investigative Insights From The Indian Law Justice Files, John P. Lavelle

Public Land & Resources Law Review

The 200th anniversary of the foundational Indian law decision Johnson v. M’Intosh has come and gone, with many scholars contributing criticism and commentary. The dominant focus has been the case’s notorious embrace of the so-called “doctrine of discovery,” an odious theory for rationalizing European nations’ claims of superior rights to lands occupied by Indigenous Native American peoples. Commanding less attention, however, is the Johnson decision’s core protective legal feature, i.e., its reinforcing the United States government’s duty to guard against the alienation of Indian lands through private, unauthorized acquisitions.

Discovering The Doctrine Of Discovery, Douglas Lind

Montana Law Review

No abstract provided.

Recognizing And Reclaiming Indigenous Peoples’ Constitutional Land Rights In Brazil, Fernanda Frizzo Bragato, Jocelyn Getgen Kestenbaum

Book Chapters

In 2011, the Brazilian Government began dismantling the country’s robust framework for Indigenous land rights by enacting measures to deny Indigenous Peoples’ access to their ancestral lands. From 2019 to 2022, the government did not recognize or title a single hectare of Indigenous lands, despite more than 700 pending requests for demarcation (or formal designation and titling). A change in government and six land demarcations in 2023, however, show signs of a new era for Indigenous Peoples’ rights and relationship with the state. This chapter analyzes evolving Indigenous land rights pre- and post-constitutionalization in 1988, the result of intense political …

The "Uniform Rule" And Its Exceptions: A History Of Congressional Naturalization Legislation, Daniel Rice

The Ozark Historical Review

Article 1, Section 8 of the Constitution empowers Congress “[t]o establish an uniform Rule of Naturalization.” In Part I of this article, I discuss the American colonial experience with naturalization laws and account for the Naturalization Clause’s. I then examine the historical development of Congress’s “uniform rule” and deconstruct the mechanism by which certain groups have been excluded from and brought back within its reach. Lastly, I scrutinize Congress’s posture towards expatriation, the logical converse of naturalization. In Part II, I ask why Congress might have thought it expedient to carve out statutory exceptions to the naturalization procedures it had …

Noise Law, Joshua Ulan Galperin

Michigan Journal of Environmental & Administrative Law

The rumble of traffic, the drone of air conditioners, the blast of construction equipment. These are the mundane sources of noise pollution that we all experience but rarely think about. Or, if we do think about noise pollution, we don’t think of it as a central piece of federal environmental law. This Article, however, demonstrates that noise law is, or was, central to American environmental law, and it offers insights into how environmental protection and administrative governance work today.

In the 1970s, during the height of environmental activism and policymaking, lawmakers recognized noise as a serious pollutant alongside issues we …

Prerogative In Common: On The Emancipatory Potential Of Radical Mutuality Amid Sovereign Decisionism, Matthew Builes

Dissertations, Theses, and Capstone Projects

In times of crisis, liberal democracies resort to authoritarian measures that undermine core democratic values. Dominant thought in the study of emergency-era law and politics appeal to a dichotomy of normal and exceptional times, to critique or justify the turn to sovereign decisionism. While this strategy seems clear-cut, the persistence of exceptional spaces and the crises that supposedly generate them challenge existing frameworks by blurring the line between norm and exception. This project explores the prospect of radical mutual aid, as a transformative response to the enduring crisis of modernity.

Legislating Loss: Bereavement And State Level Statutes Across The 50 United States, Julio Montanez

Marquette Benefits and Social Welfare Law Review

Bereavement is an effectively inescapable experience. As such, many interventions (e.g., counseling) exist to support adaptation to life without a loved one. There are also legal interventions—such as laws—that carve out space, time, and resources for dealing with bereavement. Using an approach that blends three methodological techniques (i.e., evidence synthesis, policy surveillance, and grounded theory method), the current study explores the characteristics of bereavement statutes across the United States. Several thematic categories were constructed through exhaustive engagement with the qualitative statutory data: Health (e.g., Hospice), Responding (i.e., First Responding and Final Responding), Work Leave, Education, Observance/Commemoration, Government, and Miscellaneous. The …

The Shadow Of Legal Pluralism In Indonesian Islamic Courts: Child And Spousal Maintenance, Stijn Cornelis Van Huis

The Indonesian Journal of Socio-Legal Studies

This paper is inspired by Franz von Benda-Beckmann’s notion of “bargaining in the shadow of legal pluralism” and applies this notion to spousal and child maintenance negotiations that take place between judges, husbands and wives within divorce processes at Indonesian Islamic courts. I will argue that in the context of Muslim family law practice in Indonesia, the legal plural situation does not only influence out-of-court negotiations, but formal legal processes within the Islamic courts as well. It follows Keebet von Benda-Beckmann’s example in analyzing the legal plural dynamics of women’s claiming process comprehensively, by investigating the interconnectedness of the pre-trial, …

Editorial Foreword Ijsls Volume 4 Number 1, Sulistyowati Irianto

The Indonesian Journal of Socio-Legal Studies

The late “Ibu” Keebet von Benda-Beckmann made a significant contribution to the development of legal anthropology, particularly in Indonesia, where she is regarded as a pioneer of the field. Together with her husband, Franz von Benda-Beckmann, she conducted research in Indonesia for more than 40 years, inspiring and laying the foundation for many Indonesian legal scholars to conduct research in legal anthropology and socio-legal studies. The Benda-Beckmann's works have become key references for legal anthropologists, proponents of legal pluralism, and socio-legal scholar around the world, to the extent that their theories and methodologies—particularly those related to the concept of legal …