Digital Commons Network^™

Invisible Nations: Self-Determination As A Legal Shield For The World’S Last Isolated Peoples, Paige Schacher

San Diego International Law Journal

This Comment examines the legal and ethical considerations of self-determination as applied to the world’s last uncontacted tribes—indigenous communities that live isolated from mainstream society. While the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) established a foundational framework for uncontacted tribes’ right to self-determination, its implementation in practice faces jurisdictional, ethical, and legal issues. By examining international and domestic legal instruments, case studies from India and Brazil, and the evolving role of artificial intelligence in indigenous land monitoring, this Comment argues that domestic and international bodies must collaborate to enforce more tailored protections to guard the autonomy …

Treasure State: Gambling Law, Lobbying, And The Case For The Expansion Of Legal Gambling In Montana, Trevor Funseth

Montana Law Review

Drive down a main road in one of Montana’s cities and you will count more casinos than gas stations. What’s more, even the gas station has a casino inside. Pass through a small town and you will likely find at least one Lucky Lil’s or Magic Diamond Casino. Montana is currently home to just under 1,400 state-licensed gambling operators and ranks fifth in the nation in casinos per capita with 1.7 casinos per thousand residents. One study used 21 different metrics including casinos per capita, lottery sales per capita, casino revenues, and gambling-related arrests per capita. Based on these metrics, …

The Rulemaking Power Of The Florida Supreme Court: The Twilight Zone Between Substance And Procedure, William L. Earl

Florida Law Review

No abstract provided.

“I Want Justice From People Who Did Bad Things To Children”: Experiences Of Justice For Sex Trafficking Survivors, John G. Morrissey, James Havey, Glenn M. Miles, Nhanh Channtha, Lim Vanntheary

Dignity: A Journal of Analysis of Exploitation and Violence

This research from the Butterfly Longitudinal Research Project focused on understanding the experiences and perceptions of justice and the justice system for 93 Cambodia participants (including 88 survivors of sex trafficking) as they navigated the legal system. Thirty-two of these survivors had experiences in court and provided details into their courtroom experiences, predominantly within Cambodia but also in the United States. The survivors’ experiences were diverse; however, the prevailing themes were: fear throughout their legal journeys; a low level of awareness and understanding of their legal experiences; and that NGO support was essential for these survivors to engage in the …

In Memoriam: Ruth Bader Ginsburg, Meredith Johnson Harbach

University of Richmond Law Review

On September 18, 2020, we mourned the loss of Justice Ruth Bader Ginsburg, whom many considered not just a cultural icon, but a national treasure. Among many other things, Justice Ginsburg became a later-in-life feminist “rock star,” celebrated for her rousing and impassioned dissents, her fearless defense of equality and autonomy rights, her championing of civil rights, and her persistent determination in the face of injustice. RBG’s pop-culture status led to books, movies, t-shirts, “dissent collar” accessories, and Halloween costumes. But long before she became “notorious,” she was a daughter, a mother, a law student, an advocate, a professor, a …

With Gratitute From Our Daughters: Reflecting On Justice Ginsburg And United States V. Virginia, Meredith Johnson Harbach

Law Faculty Publications

“What enabled me to take part in the effort to free our daughters and sons to achieve whatever their talents equipped them to accomplish, with no artificial barriers blocking their way?”

—Ruth Bader Ginsburg

On September 18, 2020, we mourned the loss of Justice Ruth Bader Ginsburg, whom many considered not just a cultural icon, but a national treasure. Among many other things, Justice Ginsburg became a later-in-life feminist “rock star,” celebrated for her rousing and impassioned dissents, her fearless defense of equality and autonomy rights, her championing of civil rights, and her persistent determination in the face of injustice. …

2019 - Monterey County Historical Society - Hornbeck Collection - Documents And Research Inventory

Related Research and Documents

Research and documents accumulated by Dr. David Hornbeck throughout his career pertaining to the history of California, the inhabitants, colonization and missions that he donated to the Monterey County Historical Society.

The Federal Courts’ Rulemaking Buffer, Jordan M. Singer

William & Mary Law Review

Procedural rulemaking is often thought of as a second-order task for the federal court system, relevant to the courts’ work but not essential to their function. In reality, rulemaking plays an integral role in the court system’s operation by actively insulating the courts from environmental pressure. This Article explains how power over procedural rulemaking protects the federal courts from environmental uncertainty and describes the court system’s efforts to maintain the effectiveness of the rulemaking buffer in response to historical and contemporary challenges.

Prosecution Problems Under The Durham Rule, Oliver Gasch

The Catholic Lawyer

No abstract provided.

Un Quick Impact Projects: A Stepping Stone For United Nations Missions Effectiveness Through The Creation Of A Confidence Building System, Marie Lepin

Dissertations and Theses

This thesis is focusing on the United Nations Quick Impact Projects, which were officially established as part of the UN peacekeeping missions program through the Brahimi report in 2004. Their primary purpose is to develop and strengthen the relationship between the mission and the host population. Precisely, this analysis is centering on the influence that improved relationships have on the effectiveness of a UN mission. In order to do so, the structure of this research is based on a comparative method, using interviews from the field and at the UN headquarters in New York City. The purpose of such method …

Reservation And Quantification Of Indian Groundwater Rights In California, Joanna Meldrum

UC Law Environmental Journal

No abstract provided.

Virginia's Moratorium: Is Uranium Mining On The Horizon In The Commonwealth?, William Brice Fiske

William & Mary Environmental Law and Policy Review

No abstract provided.

Gender Classification And United States V. Virginia: Muddying The Waters Of Equal Protection , Brent L. Caslin

Pepperdine Law Review

No abstract provided.

Sex-Blind, Separate But Equal, Or Anti-Subordination? The Uneasy Legacy Of Plessy V. Ferguson For Sex And Gender Discrimination, Lucinda M. Finley

Georgia State University Law Review

No abstract provided.

Santa Clara Magazine, Volume 53 Number 3, Winter 2012, Santa Clara University

Santa Clara Magazine

18 - MY FIGHT, MY FAITH By Steven Boyd Saum. As head of the CIA, Leon Panetta '60, J.D. '63 restored confidence in the agency and oversaw the mission to find Osama bin Laden. Now, as secretary of defense in an age of budget austerity, he has to make sure the Pentagon doesn't break the bank-and that the nation doesn't break faith with the men and women who serve.

24 - GENERAL JOE By Sam Scott '96. When Joseph Peterson '72 signed up for ROTC as an undergrad, he planned to complete his military service and then move on. Nearly …

Investment Adviser Regulation Post-Madoff: A Brave New World, Kevin A. Zambrowicz

Journal of Business & Technology Law

No abstract provided.

Beyond The "Heartland": Sentencing Under The Advisory Federal Guidelines, Paul J. Hofer

Duquesne Law Review

No abstract provided.

Unconstitutionally Male?: The Story Of United States V. Virginia, Katharine T. Bartlett

Faculty Scholarship

This article tracks the different views of gender equality reflected in United States v. Virginia, from trial through the various appeals, including the 1996 opinion of the United States Supreme Court, and through the actual integration of women into VMI. It highlights the fact that while many views of equality were represented in the case throughout its history, no party and no court addressed what is arguably the most objectionable feature of VMI, which was not that it excluded women, but that its "unique" pedagogical method was based on an explicitly demeaning and subordinating view of women.

Dignifying Rights: A Comment On Jeremy Waldron’S Dignity, Rights, And Responsibilities, Katherine M. Franke

Faculty Scholarship

In Dignity, Rights, and Responsibilities1 Jeremy Waldron offers a characteristically thoughtful and elegant account of rights, or as he calls it, responsibility-rights. As Waldron rightfully acknowledges, rights understood as a form of responsibility are not meant to capture every species of rights, but to provide us with a new analytic resource for better understanding a particular subset of rights that curiously entail a form of responsibility on the part of the rights holder. The link between rights and responsibility, Waldron argues, is built upon a strong foundational commitment to human dignity. The most compelling contribution of Waldron's paper is his …

Planting The Promised Landscape: Zionism, Nature, And Resistance In Israel/Palestine, Irus Braverman

Journal Articles

This article reveals the complex historical and cultural processes that have led to the symbiotic identification between pine trees and Jewish people in Israel/Palestine. It introduces three tree donation techniques used by Israel, then proceeds to discuss the meaning of nature in Israel, as well as the meaning of planting and rooting in the context of the Zionist project. The article concludes by reflecting on the ways that pine trees absent Palestinian presence and memory from the landscape, and explains how Palestinian acts of aggression toward these pine landscapes relate to the Israel/Palestine relationship.

Labor's Wage War, Catherine K. Ruckelshaus

Fordham Urban Law Journal

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Dayton Lawyer, Summer 2007, University Of Dayton

Dayton Lawyer

No abstract provided.

The Military Ascent Into Space: From Playground To Battleground--The New Uncertain Game In The Heavens, Jackson N. Maogoto

ExpressO

This article seeks to bring to light the various aspects pertaining to the militarization and weaponization of space. It will give an overview of initiatives by the space-faring nations in developing space weaponry, discuss the space law regime and in particular expose its defects in effectively addressing space warfare. It will then proceed to generally juxtapose space warfare with the U.N. Charter regime on the use of force. The article exposes various questions, but does not seek to undertake the ambitious goal of supplying solutions; after all, as the article will demonstrate, the problems are readily evident, but the solutions …

Transnational Legal Practice Developments [In 2003-05], Robert E. Lutz, Philip T. Von Mehren, Laurel S. Terry, Peter Ehrenhaft, Carole Silver, Clifford J. Hendel, Jonathan Goldsmith, Masahiro Shimojo

Faculty Scholarly Works

This article addresses the many significant transnational legal practice developments that took place in 2003 and 2004, which were particularly significant years. After a short introduction, Section II describes international developments, and Section III describes domestic regulatory developments affecting lawyers engaged in multijurisdictional practice.

The developments in Section II include those related to the WTO’s General Agreement on Trade in Services [GATS] negotiations. This section summarizes the 2003-04 status of the legal services request-offer process, including the United States’ “offer” and its proposed changes to the legal services portion of its Schedule of Specific Commitments. The article described a “Summit” …

But Could They Pray At Uva? The Fourth Circuit's Application Of The Supreme Court's School Prayer Jurisprudence To The Virginia Military Institute's Adult Cadets, Alexander A. Minard

William & Mary Bill of Rights Journal

No abstract provided.

Rallying The Armies Or Bridging The Gulf: Questioning The Significance Of Faith-Based Educational Initiatives In A Global Age, Amy Stambach

Indiana Journal of Global Legal Studies

Globalization and Education Symposium

Transnational Legal Practice Developments, Carole Silver, Robert E. Lutz, Philip T. Von Mehren, Laurel S. Terry, Peter Ehrenhaft, Clifford J. Hendel, Jonathan Goldsmith, Masahiro Shimojo

Articles by Maurer Faculty

No abstract provided.

Secondary Effects Of Environmental Justice Litigation: The Case Of West Dallas Coalition For Environmental Justice V. Epa, Gregg P. Macey, Lawrence E. Susskind

Faculty Scholarship

No abstract provided.

The Secondary Effects Of Environmental Justice Litigation: The Case Of West Dallas Coalition For Environmental Justice V. Epa, Gregg P. Macey, Lawrence E. Susskind

Faculty Scholarship

No abstract provided.

Lessons From The Past And Strategies For The Future: Using Domestic, International And Comparative Law To Overturn Sodomy Laws, Charlene Smith, James Wilets

Seattle University Law Review

This Article will first discuss the legal importance of challenging sodomy laws, even though those laws are rarely enforced. It will then discuss the importance of incorporating international and comparative law in formulating these challenges. In Section II, Professor Charlene Smith will discuss past and future strategies, focusing on the topics of equal protection, morality, and the difference (or lack thereof) between acts and status. In Section III, Professor Jim Wilets will explore incorporating international and comparative law into domestic challenges to U.S. sodomy laws. This Article will demonstrate that there is binding Supreme Court authority requiring all U.S. courts …