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Indigenous Blockades And The Power To Speak The Law: From Settler Colonialism To Indigenous Resurgence, Christopher Eric Jon Albinati

LLM Theses

This thesis traces tensions between pluralism, elimination and resistance in the centuries-old narrative underlying the uncertain legal foundations of Crown sovereignty in the territory now known as Canada. The first half of the work applies the emerging literature of settler colonialism to a close reading of a selection of leading scholarship on Aboriginal rights jurisprudence to identify whether the Canadian courts are reproducing elements of settler colonialism in their decisions. The second half of this work draws on the literature of Indigenous resurgence, blockades, jurisdiction and the rule of law to construct a framework for examining juridical sites where conflicting …

Open Letter To The Prime Minister Of Canada: Signed By Eighty-Six Proffesors Calling For Independent Investigation Of Allegations Against Mining Companies, Shin Imai

Editorials and Commentaries

As part of Prof. Imai's push to encourage the government to establish an ombudsperson for the extractive sector.

Freedom Of Artistic Creation In The Constitution Of The Republic Of Poland, Filip Cieply

ConLawNOW

The question of freedom of artistic creation, and of its integral aspect at the boundaries of art, is both intriguing in theoretical terms and significant in virtually every age and culture. Limitation of freedom of artistic creation is an issue that crosses various paradigms, hierarchies of values and normative systems.

The aim of this paper is to give an introduction to the interpretation of Article 73 of the Constitution of the Republic of Poland, which provides for freedom of artistic expression. In particular, the focus is put on the constitutional basis for legally limiting the freedom of artistic creation.

Domestic Drone Surveillance: The Court’S Epistemic Challengeand Wittgenstein’S Actional Certainty, Robert Greenleaf Brice, Katrina L. Sifferd

Louisiana Law Review

The article focuses on the domestic drone surveillance in the U.S. and mentions U.S. Fourth Amendment and the different legal standards of proof that might apply to law enforcement for the use of drones; and role of U.S. Supreme Court in determining epistemic challenge of privacy.

A First Amendment Deference Approach To Reforminganti-Bullying Laws, Emily Suski

Louisiana Law Review

The article focuses on the problems of bullying among students and the use of U.S. First Amendment deference approach for reforming anti-bullying laws in the U.S., it also mentions effects of bullying; First Amendment anti-bullying law doctrine on overbreadth; and deferential standards.

Religious Difference In A Secular Age: The Minority Report By Saba Mahmoud (2016) Book Review, Lama Abu-Odeh

Georgetown Law Faculty Publications and Other Works

The Minority Report is a text that tries to respond to the problem of essentializing Islam (the culturalism problem) by performing a flip so that all the bad attributes typically associated with “Islam” are now attributed to secularism instead. It is secularism that discriminates, that is sectarian, that encourages violence, that is repressive, sexist, etc. This Mahmood does by on the one hand hyper-politicizing secularism (depleting it of its universalist drive), and on the other under-politicizing it by ignoring its internal indeterminacy, complexity, open structure and varied distributive effects. The result is an account that moves between crude historicism-secularism is …

Tributes To Professor Peter E. Quint, Gordon Young, Michael Millemann, David Bogen, Robin West

Maryland Law Review

No abstract provided.

Hegelian Dialectical Analysis Of U.S. Voting Laws, Charles Edward Andrew Lincoln Iv

Student Scholarship

This Comment uses the dialectical paradigm of German philosopher Georg Wilhelm Friedrich Hegel (1770-1833) to analyze the progression of United States voting laws since the colonial foundations of a participatory democratic process in this country. This analysis can be used to interpret past progression of voting rights in the United States as well as a provoking way to predict future trends in United States voting rights - as an ongoing "progressive" political process or rhetorical method of erasing categories or classifications and eliminating distinctions amongst persons.

Health Workforce Research Centers (Hwrcs) Key Findings, 2013-2016, Clese Erikson

Health Workforce Research Center Publications

No abstract provided.

A Call For Developing A Field Of Positive Legal Methodology, William Baude, Adam S. Chilton, Anup Malani

Articles

No abstract provided.

Legacy In Paradise: Analyzing The Obama Administration’S Efforts Of Reconciliation With Native Hawaiians, Troy J.H. Andrade

Michigan Journal of Race and Law

This Article analyzes President Barack Obama’s legacy for an indigenous people—nearly 125 years in the making—and how that legacy is now in considerable jeopardy with the election of Donald J. Trump. This Article is the first to specifically critique the hallmark of Obama’s reconciliatory legacy for Native Hawaiians: an administrative rule that establishes a process in which the United States would reestablish a government-to-government relationship with Native Hawaiians, the only indigenous people in America without a path toward federal recognition. In the Article, Obama’s rule—an attempt to provide Native Hawaiians with recognition and greater control over their own affairs to …

De-Policing, Stephen Rushin, Griffin Edwards

Cornell Law Review

No abstract provided.

Indian Treaty Fishing Rights And The Environment: Affirming The Right To Habitat Protection And Restoration, Michael C. Blumm

Washington Law Review

In 1970, several tribes in the Pacific Northwest, along with their federal trustee, sued the state of Washington claiming that numerous state actions violated their treaty rights, which assured them “the right of taking fish in common with” white settlers. The tribes and their federal trustee maintained that the treaties of the 1850s guaranteed the tribes: (1) a share of fish harvests for subsistence, cultural, and commercial purposes; (2) inclusion of hatchery fish in that harvest share; and (3) protection of the habitat necessary for the salmon that were the basis of the treaty bargain and the peaceful white settlement …

Speaking Law: Towards A Nuanced Analysis Of 'Cases', Susanne Baer

Articles

“The headscarf case” is more than just a case. Talking law is often talking cases, but we need to understand law more specifically as a powerful practice of regulation. Law is also not only another discourse, or just text, or politics, with fundamental rights as “an issue,” or a promise, or just an idea. Instead, to protect fundamental rights, it is necessary to understand how in reacting to a conflict, we in fact speak rights today—Rechtsprechung—as a form of practice. The German Federal Constitutional Court’s decision in the conflict about female teachers wearing headscarves in German public schools may be …

Hegelian Dialectical Analysis Of U.S. Voting Laws, Charles Edward Andrew Lincoln Iv

University of Dayton Law Review

No abstract provided.

Liberalism And Tolerance, William Voegeli

San Diego Law Review

I began by raising the possibility that tolerance is minor issue, having no bearing on whether liberalism works out or makes sense. I conclude by noting that it is a central question, for liberalism and politics in general. Tolerance is important because intolerance is important. “Anything Goes” is one of Cole Porter’s best songs, but is unlikely to become any country’s national anthem. The questions of what doesn’t go, and why, and how to prevent it from going any further, explain a great deal about the political ideologies of our era, as well as the premises on which social orders …

Privacy And Community Property, Sally Brown Richardson

North Carolina Law Review

No abstract provided.

Dignity, Rights, And The Role Of Consent In German Criminal Law, Kapsaski Ifigeneia

San Diego Law Review

This Article addresses the issue of protecting human dignity as a ground and a threshold for criminalization. Human dignity can be either a limit to the scope of criminal law or a reason that justifies criminalization. This inquiry will be conducted through the referral to two German cases regarding consensual conduct. The first concerns consensual maiming and killing of a person and the second concerns consensual incest between two adult siblings. This Article does not further examine questions on the ontology of consent; neither does it examine questions regarding validity of consent as rational and voluntary. The issue discussed here …

A Call For Strengthening The Role Of Comparative Legal Analysis In The United States, Irene Calboli

Research Collection Yong Pung How School Of Law

This Essay highlights the importance of comparative legal analysis with particular emphasis on the role that this methodology could play for intellectual property scholarship in the United States. In particular, the theme of this Symposium aims at addressing “values,” “questions,” and “methods” in intellectual property law. In line with this theme, this Essay would like to make the case that comparative legal analysis could play a more prominent role as a scholarly methodology in the U.S. legal academy in the field of intellectual property. In turn, this could have a relevant impact on the questions addressed by scholars and provide …

Valuing Sacred Tribal Waters Within Prior Appropriation, Michelle Bryan

Natural Resources Journal

Throughout the world water plays a central role in the spirituality of indigenous peoples. Focusing on the American West, this article first describes how tribal water needs touch upon the sacred and then explains how both federal law and state prior appropriation doctrine fail to adequately protect these important sacred views of water. Pivoting away from the classic federal law arguments, the article then advocates for an evolution in state water law regimes to provide yet unrecognized protections for tribal sacred waters. Because international law plays an increasing role in this issue, the article also explores case studies from Ireland, …

Proceedings (Abstracts) From The 2nd Annual Student Research Symposium “Meeting Of The Minds” And The 27th Annual Csusb Student Research Competition

OSRI Journal of Student Research and Innovation

No abstract provided.

Pitfalls Of Over-Legalization: When The Law Crowds Out And Spills Over, Mark Kawakami

Indiana Journal of Global Legal Studies

While some academics argue that enforcing voluntary corporate codes of conduct with private law backed sanctions can improve the working conditions of marginalized workers in the global supply chain, there are various risks associated with this "legalization" process. Relying on evidence from the fields of sociology, psychology, and evolutionary anthropology, this contribution will discuss how external incentives like threats of legal sanctions can actually be detrimental to the intrinsic motivations of companies that want to be socially responsible. This paper will also analyze how the crowding out effect and the spillover effect that come with legalizing otherwise voluntary norms could …

Forms Of Patriarchy In Amoris Laetitia And In The Papacy Of Francis, Mary Anne Case

Public Law and Legal Theory Working Papers

No abstract provided.

The Free Exercise Clause: Fealty To God Or Caesar?, John O. Hayward

Journal of Catholic Legal Studies

No abstract provided.

Law As Eschatology, John D. Haskell, Jessica Fish

Journal of Catholic Legal Studies

No abstract provided.

Contesting Victimhood: A Linguistic And Legal Anthropological Analysis Of Defendant Experiences In New York’S Human Trafficking Intervention Courts, Mark T. Romig

Dissertations, Theses, and Capstone Projects

Human Trafficking Intervention Courts (HTICs) have been operating in New York City in an effort to connect victims of human trafficking to treatment programs. Unfortunately, the net that the courts cast was too wide and people who did not identify as victims of human trafficking were coerced into treatment programs that they did not need or want. Through textual discourse analysis and ethnographic observation, this paper explores the contestation of victimhood in HTICs by focusing on the experiences of defendants and how they are perceived by the police, judges, and other agents of the HTICs. Before entering the HTICs, defendants …

The Four Dimensions Of Natural Law In Suarez: Objectivity - Knowledge - Essence - And Obligation, Edward J. Capestany

The Catholic Lawyer

No abstract provided.

Why The Religious Freedom Restoration Act Cannot Protect Sacred Sites, Timothy A. Wiseman

American Indian Law Journal

No abstract provided.

A Silent Epidemic: Revisiting The 2013 Reauthorization Of The Violence Against Women Act To Better Protect American Indian Native Women, Rory Flay

American Indian Law Journal

No abstract provided.

2017 Mlk Keynote Emory Douglas Program, Center For Social Equity & Inclusion, Emory Douglas

Martin Luther King, Jr. Series

Program for the 2017 MLK Keynote Address: Emory Douglas. An artist, educator and human rights activist, Emory Douglas served as the Minister of Culture for the Black Panther Party from 1967-80. Best known for his political drawings and cartoons in the Black Panther Newspaper, he articulated the injustices experienced by African Americans living in the inner city, the growing militancy and organization among urban black youth in the face of police violence and the need for community-based social programs. 2017 MLK Keynote, Emory Douglas discusses the process, meaning and impact of his artwork then and now.