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Restorative Justice For International Traditional Cultural Expression Ownership Disputes, Sandra H. Sulzer Jan 2024

Restorative Justice For International Traditional Cultural Expression Ownership Disputes, Sandra H. Sulzer

Michigan Journal of International Law

Traditional cultural expressions (“TCE”), which include dances, songs, and pottery, and traditional knowledge (“TK”), which includes plant properties, agricultural practices, and artistic techniques, are inarguably valuable both to the groups that create them and to outsiders who wish to use or sell them. International law broadly, and intellectual property (“IP”) law more specifically, are not well-suited to protect the interests of creators of TCE and TK. A persistent pattern of exploitation of traditional expressions and knowledge has been well-documented. But responses have been dissatisfying, and sometimes begin from a place of disregarding the value of these contributions. At present, when …


2024-2025 Factbook, Tennessee. General Assembly Jan 2024

2024-2025 Factbook, Tennessee. General Assembly

Factbook

This Fact Book provides an overview of the state's budget for the fiscal year.


Integrating Human Rights In Domestic Practice, Ryan Thoreson, Tamar Ezer, Aya Fujimura-Fanselow, Elizabeth Brundige Jan 2024

Integrating Human Rights In Domestic Practice, Ryan Thoreson, Tamar Ezer, Aya Fujimura-Fanselow, Elizabeth Brundige

Faculty Articles and Other Publications

Given that the human rights framework contains a rich and evolving body of norms and standards, integrating human rights law into clinical teaching provides new avenues to approach problem-solving. A human rights framework offers additional sources to ground moral and legal claims, as well as new strategies and advocacy targets. These alternatives work to foster creativity and lawyering skills, particularly in areas where domestic law is limited or constraining. Moreover, U.S. advocates have much to learn from global human rights struggles and advocacy efforts and can benefit from engaging in human rights discourse and practice. This article introduces readers to …


Sorry, Kid, You Have No Rights Here: How Can We Protect Unadjudicated Youth In Private Residential Treatment Facilities From Harmful And Unnecessary Strip Searches?, Amanda Simmons Jan 2024

Sorry, Kid, You Have No Rights Here: How Can We Protect Unadjudicated Youth In Private Residential Treatment Facilities From Harmful And Unnecessary Strip Searches?, Amanda Simmons

Children's Legal Rights Journal

No abstract provided.


The Promise Of Pell: Pell Grants For Justice System Involved Youth After The Fafsa Simplification Act, Mary Hornschemeier Bandstra Jan 2024

The Promise Of Pell: Pell Grants For Justice System Involved Youth After The Fafsa Simplification Act, Mary Hornschemeier Bandstra

Children's Legal Rights Journal

No abstract provided.


False Confessions And Police Torture In Mississippi, Chloe Ard Jan 2024

False Confessions And Police Torture In Mississippi, Chloe Ard

Merge

No abstract provided.


Prisons As Laboratories Of Antidemocracy, Brandon Hasbrouck Jan 2024

Prisons As Laboratories Of Antidemocracy, Brandon Hasbrouck

Scholarly Articles

Prisons are woefully ineffective as tools to protect society from violence and exploitation, yet America’s prison population exploded in the twentieth century. On the outside, this devastated Black communities, Black opportunities, Black economic power, and Black voting power. Yet a similarly insidious development came from inside prison walls: prison administrators honed antidemocratic techniques for constraining and oppressing incarcerated persons, techniques that would later be deployed against the ostensibly free population. Jeffrey Bellin’s Mass Incarceration Nation provides a robust analysis of the ways state and federal policies have combined to create an explosion in the scope of American prisons in the …


International Law As A Tool For Reviving, Preserving, And Protecting The Tajik Language In Uzbekistan, Lindsay Saligman Jan 2024

International Law As A Tool For Reviving, Preserving, And Protecting The Tajik Language In Uzbekistan, Lindsay Saligman

International Program Papers

No abstract provided.


Uzbekistan And The Autocrat’S Parchment Problem, Paul Mapara Jan 2024

Uzbekistan And The Autocrat’S Parchment Problem, Paul Mapara

International Program Papers

No abstract provided.


The Purpose And Practice Of Precedent: What The Decade Long Debate Over Stare Decisis Teaches Us About The New Roberts Court, Russell A. Miller Jan 2024

The Purpose And Practice Of Precedent: What The Decade Long Debate Over Stare Decisis Teaches Us About The New Roberts Court, Russell A. Miller

Scholarly Articles

The Supreme Court’s tectonic decision in Dobbs v. Jackson Women’s Health upended the Doctrine of Substantive Due Process by radically reinterpreting the doctrine of stare decisis. The Court’s established practice regarding stare decisis should have operated to preserve the fifty-year-old abortion jurisprudence. But we should have seen this change coming. Although there has been an intense and involved debate over the purpose and practice of precedent for generations, that debate shifted at the beginning of 2018. Four approaches to stare decisis emerged along a continuum, from complete abandonment of the doctrine and incremental erosion to modernized adherence to precedent. This …


Power Centres: A Collaborative Development Proposal For Addressing Poverty And Related Challenges In Rural Communities In Kenya, Kennedy Okello Miruka, Kennedy Okello Miruka Jan 2024

Power Centres: A Collaborative Development Proposal For Addressing Poverty And Related Challenges In Rural Communities In Kenya, Kennedy Okello Miruka, Kennedy Okello Miruka

Regis University Student Publications (comprehensive collection)

In Homa Bay County, Kenya, a community-led development initiative called the Power Centre is transforming the fight against poverty and powerlessness. Grounded in principles of decolonization and participatory action, this project addresses the root causes of marginalization by empowering residents of Kokal Village to become active agents of change. Through a robust mixed-methods research approach, the project identifies systemic challenges and leverages existing social networks to build a sustainable, locally-owned model for development. The Power Centre implements a three-pronged strategy, focusing on increasing community participation, strengthening existing groups, and fostering collaborative networks to weave a robust support system. By addressing …


Table Of Contents, Volume 62, Number 1, Winter 2024 [And Other Preliminary Pages] Jan 2024

Table Of Contents, Volume 62, Number 1, Winter 2024 [And Other Preliminary Pages]

Duquesne Law Review

No abstract provided.


Table Of Contents, Volume 62, Number 2, Summer 2024 [And Other Preliminary Pages] Jan 2024

Table Of Contents, Volume 62, Number 2, Summer 2024 [And Other Preliminary Pages]

Duquesne Law Review

No abstract provided.


2023-2024 Tennessee Judiciary Annual Report, Tennessee. Administrative Office Of The Courts. Jan 2024

2023-2024 Tennessee Judiciary Annual Report, Tennessee. Administrative Office Of The Courts.

Annual Reports

No abstract provided.


The Thinning Blue Line: Ptsd Benefits For Law Enforcement In Minnesota, Caleb Wootan Jan 2024

The Thinning Blue Line: Ptsd Benefits For Law Enforcement In Minnesota, Caleb Wootan

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


United States Of America, In The Forum Of Federations Handbook On Local Government In Federal Systems, Meryl Justin Chertoff Jan 2024

United States Of America, In The Forum Of Federations Handbook On Local Government In Federal Systems, Meryl Justin Chertoff

SALPAL Papers & Reports

Municipalities in the United States (US), particularly those in its largest metropolitan areas, drive economic growth and innovation and are home to the majority of the nation’s population, but their political status under the federal constitutional system of divided government is relatively weak. That does not mean US cities lack political power; it means that the federalist structure weakens, rather than enhances, city power. The US Constitution does not even mention cities, and the US federal structure has not evolved to reflect ‘city power’. There is a mismatch between the rise of cities on the global stage and their role …


Getting Off Off-Duty: The Impact Of Dobbs On Police Officers’ Private Sexual Lives, Joshua Arrayales Jan 2024

Getting Off Off-Duty: The Impact Of Dobbs On Police Officers’ Private Sexual Lives, Joshua Arrayales

UC Law Constitutional Quarterly

Upon its leak and subsequent official release, the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization shocked and worried the nation. Overnight, the Court overturned forty-nine years of precedent. Those forty-nine years of overturned precedent not only implicate the ability to obtain abortion, but also the ability to engage in relationships, marry, make decisions about our own body, and keep our personal lives private. As a result, many advocates worry about the status of fundamental rights since many of those rights relied on the now overturned cases Roe v. Wade and Planned Parenthood v. Casey as well as …


Constitutional Law: Faithful Execution In The Fifty States, Zachary S. Price Jan 2024

Constitutional Law: Faithful Execution In The Fifty States, Zachary S. Price

The Judges' Book

No abstract provided.


What Does It Mean To Be An Ethical Lawyer? The Importance Of Context, Lynn Mather, Leslie C. Levin Jan 2024

What Does It Mean To Be An Ethical Lawyer? The Importance Of Context, Lynn Mather, Leslie C. Levin

Bibliography of Research Using UMLS Alumni Survey Data

Although the entire legal profession shares a single ethical code, lawyers’ understanding of what it means to be “ethical” shows considerable variation. This article discusses the factors that shape lawyers’ ethical conduct in practice. We review the role of legal education, bar associations, the workplace, and hard and soft regulators in the construction of lawyers’ ethical values. We then explore the important role that practice contexts play in shaping lawyers’ understanding of appropriate ethical conduct. Some of the key explanatory factors for differences among lawyers include type of client, office size, specialty and specialization, regulators, and the extent to which …


Second Amendment Immigration Exceptionalism, Pratheepan Gulasekaram Jan 2024

Second Amendment Immigration Exceptionalism, Pratheepan Gulasekaram

Vanderbilt Law Review En Banc

No abstract provided.


Behind Bars: An Analysis Of The Incarceration Of Black Americans, Tommy A. Valente Jan 2024

Behind Bars: An Analysis Of The Incarceration Of Black Americans, Tommy A. Valente

Tenor of Our Times

In this study, I attempt to explain the disproportionate incarceration rates which exist in the United States. The black American are incarcerated at a significantly higher rate than any other ethnic group in the country. I hypothesize single parent households and poor public education systems will have significant influences on incarceration rates. For this study I run an OLS regression and use data from all fifty states between 2019-2020. I use seven independent variables in this study: ACGR score, GDP per capita, unemployment rate, percent of births to unmarried women, homicide rate, population, and political party affiliation of a state. …


R. V. Sharma: Reckoning With Destabilizing Truths In Constitutional Equality Adjudication, Debra Parkes, Sonia Lawrence Jan 2024

R. V. Sharma: Reckoning With Destabilizing Truths In Constitutional Equality Adjudication, Debra Parkes, Sonia Lawrence

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

The Supreme Court of Canada’s 2022 decision in R. v. Sharma provides a window on contemporary but divergent judicial approaches to systemic racism in the criminal legal system and how these inform equality challenges based on race. The Sharma majority follows a trend identified by Efrat Arbel in recognizing the “crisis” of Indigenous mass incarceration using language which diffuses the causes of the crisis and does not generate urgent redress. However, in some cases, including in the Sharma dissent, recognition by judges can be an acceptance of accountability as part of the system which has produced these effects. We then …


Reviving Criminal Code Reform, Richard S. Schmechel Jan 2024

Reviving Criminal Code Reform, Richard S. Schmechel

American University Law Review

This Article presents a history of how the District of Columbia (D.C.) recently rewrote its criminal code—legislatively adopting the first Model Penal Code (MPC)-based comprehensive criminal code reform in the U.S. in decades—and how Congress blocked the bill in 2023, its only criminal legislation of the year. The development and fate of the legislation has national implications. Like D.C., about fifteen states have never undergone MPC-based reform and dozens of other MPC-based codes have degraded over time and need comprehensive revision. After decades of reform failures, D.C. created an independent agency solely dedicated to criminal code revision. Emphasizing public transparency …


Second Look Myopia: State Sentencing Reform And The Local Prosecutorial Response, Alexandra Harrington Jan 2024

Second Look Myopia: State Sentencing Reform And The Local Prosecutorial Response, Alexandra Harrington

Journal Articles

This Article advises caution against over-reliance on local prosecutors’ offices to effect second-look reforms and to filter cases worthy of review. Using the lens of New York’s recent second-look law, the Domestic Violence Survivors Justice Act (DVSJA), I analyze the ways in which the local prosecutor can serve as a functional barrier to statewide implementation of sentencing reform. The New York State Legislature enacted the DVSJA—after advocacy from hundreds of directly impacted individuals, stakeholders, and organizations and after significant opposition from only the District Attorneys’ Association—to change the way the State sentences survivors of domestic violence. The DVSJA also allows …


Kim Scheppele’S Vision For Restoring Democracy - And Why We Must Accept The Challenge, Manuel José Cepeda Espinosa Jan 2024

Kim Scheppele’S Vision For Restoring Democracy - And Why We Must Accept The Challenge, Manuel José Cepeda Espinosa

American University International Law Review

Discussant commentary on the Twenty-Fifth Annual Grotius Lecture.


Navigating The Battlefield Of Hunger During Armed Conflicts: Obligations, Obstacles And Solutions, Ying Chen, Tarisa Yasin Jan 2024

Navigating The Battlefield Of Hunger During Armed Conflicts: Obligations, Obstacles And Solutions, Ying Chen, Tarisa Yasin

American University International Law Review

Despite sufficient global food supplies, food insecurity remains a persistent problem in many countries. In recent years, conflict has emerged as one of the key drivers of acute food insecurity, affecting hundreds of millions of people worldwide. The situation has worsened since 2022, as the impacts of the Russia-Ukraine war are felt worldwide. This Article investigates food security challenges arising from armed conflicts and proposes potential solutions to tackle these challenges. It first examines the right to food as enshrined in both international and national laws. These legal frameworks set out the rules that govern the responsibilities of States and …


Measuring The Unmeasurable: Foreign Aid And The Rule Of Law, Natallia Karkanitsa Jan 2024

Measuring The Unmeasurable: Foreign Aid And The Rule Of Law, Natallia Karkanitsa

American University International Law Review

This article provides an analysis of the international indexes and rankings that assess and compare the rule of law globally. It first starts with a discussion on the necessity of the international measurements of the rule of law in context of the foreign aid allocation to developing countries. Then, this article defines the rule of law and explains its relationship with governance and human rights. This article further reviews three rule of law indexes from the World Bank, the World Justice Project, and Bertelsmann Stiftung and Sustainable Development Solutions Network, using the position of Belarus in these measurements as a …


Law Enforcement Use Of Facial Recognition - A Comparative Approach Between The United States And Europe To Tackle The Racial Bias Of Facial Recognition Against People Of Color, Louise Grégoire Jan 2024

Law Enforcement Use Of Facial Recognition - A Comparative Approach Between The United States And Europe To Tackle The Racial Bias Of Facial Recognition Against People Of Color, Louise Grégoire

American University International Law Review

This article is focused on the use of Facial recognition technology (FRT) by law enforcement in the United States and Europe and the issue of racial bias.


From Alienation To Rootedness: Discrimination Against Indigenous Peoples In The Philippines Through Education, Katrina Isabela F. Blanco Jan 2024

From Alienation To Rootedness: Discrimination Against Indigenous Peoples In The Philippines Through Education, Katrina Isabela F. Blanco

American University International Law Review

This article tackles the existing discrimination against indigenous peoples in the Philippines in law, policy, and practices. This article discusses indigenous peoples in context, the international and domestic legal framework on IP rights, and the legal (and moral) right to education and the right to indigenous education.


Originalism & Judicially-Enacted Religious Exemptions: Revisiting Employment Division Of Oregon V. Smith, Eric Russell Coykendall Jan 2024

Originalism & Judicially-Enacted Religious Exemptions: Revisiting Employment Division Of Oregon V. Smith, Eric Russell Coykendall

CGU Theses & Dissertations

In the 1963 case Sherbert v. Verner , the Supreme Court read the First Amendment’s Free Exercise Clause to mean that, in certain cases, religious believers should be exempted from otherwise applicable laws. In 1990, the Supreme Court essentially overturned that framework in the case Employment Division of Oregon v. Smith . The Smith case has proved quite controversial, and numerous public-interest law firms, especially those that defend religious litigants, have regularly asked the Court to overturn it in favor of a re-application of the Sherbert precedent. Their contention is often that the Smith ruling is inconsistent with the original …