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Articles 901 - 930 of 5293
Full-Text Articles in Entire DC Network
Beyond Culture: Reimagining The Adjudication Of Indigenous Peoples' Rights In International Law, Beatriz Garcia, Lucas Lixinski
Beyond Culture: Reimagining The Adjudication Of Indigenous Peoples' Rights In International Law, Beatriz Garcia, Lucas Lixinski
Intercultural Human Rights Law Review
This article argues that the current model of Indigenous rights adjudication foregrounds essentialized notions of culture, backgrounding interests of Indigenous peoples (IPs) that are not necessarily related to culture. Culture imposes a burden that limits the possibilities of human rights for Indigenous peoples, which is at least in part attributable to the current model's lack of precision. We show that the jurisprudence on IP rights by international adjudicatory bodies focuses on culture without meaningful attempts to explain and define it, is imprecise on how culture affects the reading of the human right for which it serves as the basis, as …
Arresting The Nigerian Herders-Farmers Conflict: The Unconstitutionality Of The Ruga Policy, Jude Ezeanokwasa
Arresting The Nigerian Herders-Farmers Conflict: The Unconstitutionality Of The Ruga Policy, Jude Ezeanokwasa
Intercultural Human Rights Law Review
The Ruga policy which the Federal Government claims to be aimed at ending the herders-farmers conflict that has claimed thousands of lives and rendered thousands internally displaced is perceived in most segments of the Nigeria society as a policy that would exacerbate rather than end the conflict. It seeks to establish in the States of the Federation settlements for Fulani herders who are usually illegally armed with guns as against unarmed local farmers. Due to stiff opposition from mostly non-Fulani ethnic nationalities Government suspended the policy. Since the policy is only suspended and not jettisoned, it is possible that government …
“God Hath Taken Away His Plainness”: Some Notes On Jacob 4:14, Revelation, Canon, Covenant, And Law, Matthew L. Bowen
“God Hath Taken Away His Plainness”: Some Notes On Jacob 4:14, Revelation, Canon, Covenant, And Law, Matthew L. Bowen
Interpreter: A Journal of Latter-day Saint Faith and Scholarship
This article examines Jacob’s statement “God hath taken away his plainness from [the Jews]” (Jacob 4:14) as one of several scriptural texts employing language that revolves around the Deuteronomic canon formulae (Deuteronomy 4:2; 12:32 [13:1]; cf. Revelation 22:18‒19). It further examines the textual dependency of Jacob 4:13‒14 on Nephi’s earlier writings, 1 Nephi 13 and 2 Nephi 25 in particular. The three texts in the Hebrew Bible that use the verb bʾr (Deuteronomy 1:5; 27:8; Habakkuk 2:2) — each having covenant and “law” implications — all shed light on what Nephi and Jacob may have meant when they described “plain” …
Pandemic, Protests, And Prison Reform? Why 2020 Is A Catalyst To Rethink Drug Policy, Keelia Lee
Pandemic, Protests, And Prison Reform? Why 2020 Is A Catalyst To Rethink Drug Policy, Keelia Lee
St. Thomas Law Review
This Article will argue for the abandonment of the current criminal justice system as it relates to drug offenses and for its replacement with a medical model to address the healthcare problem of addiction. The medical model approach calls for complete decriminalization of all controlled substances coupled with better rehabilitation and reintegration policies. This Article argues the criminalization of drugs has targeted minorities under the guise of keeping communities safe. It will look at the differences between the United States and Portugal, a country that has implemented the medical model, while also analyzing recent legislation in the United States addressing …
The Birth Of A Monster: An Open Discussion On Anti-Blackness Segregation To Present, Nichelle Womble
The Birth Of A Monster: An Open Discussion On Anti-Blackness Segregation To Present, Nichelle Womble
St. Thomas Law Review
Racism and discrimination remain topics of focus that continue to shape the lives, experiences, and results of the American people. These aspects continue creating privileges, systematically and socially, for Whites while disadvantaging Blacks. Today’s White person claims to not see color, but is that the truth? Perhaps they do not see color, but maybe a more honest statement is that they do not see blackness. Where did it all begin? To answer these questions, this paper explores “The Birth of a Monster,” better known as “whiteness,” by encompassing white privilege and supremacy. It will paint a picture from segregation to …
Transnational Punitive And Compensatory Damages: Villains Or Role Models?, Attilio M. Costabel
Transnational Punitive And Compensatory Damages: Villains Or Role Models?, Attilio M. Costabel
St. Thomas Law Review
This Article concludes that the purpose and the scale of the American punitive damages and compensatory damages alike should not be disparaged as excesses of a society spoiled by exaggerated wealth; instead, they should be seen as a model for valuing the universal integrity of human life, while not depending on technicalities of international forum shopping.
New Regulations, New Understandings: Taking Advantage Of The Section 199a Deduction With Restricted Imposed By Section 643(F), Victor Gabuardi
New Regulations, New Understandings: Taking Advantage Of The Section 199a Deduction With Restricted Imposed By Section 643(F), Victor Gabuardi
St. Thomas Law Review
This Article explores the intricacies and benefits of the Section 199A deduction and a general description of the final regulations. Part II of this Article discusses the Section 199A deduction, the technicalities, and operational component of the same. Part III of this Article discusses how individuals and relevant passthrough entities (“RPE”) have the ability to aggregate similar businesses they own to either qualify or even maximize on their Section 199A deduction. Part IV of this Article discusses the Section 199A calculation for RPEs and trusts, including the difference for trusts in calculating the Section 199A deduction before and after the …
Florida's Late Entrance To The Ongoing Trend: Sexual Orientation In The Workplace, Ernesto Rivero
Florida's Late Entrance To The Ongoing Trend: Sexual Orientation In The Workplace, Ernesto Rivero
St. Thomas Law Review
John Doe is an exceptional firefighter who also happens to be a homosexual. John performs his duties every day to the utmost of his ability; however, in response to his sexual orientation, John is verbally harassed daily, underpaid for his line of work, and subsequently discharged from his position. This is a consequence of practicing his protected constitutional right of same sex marriage at his workplace. Every individual ought to have a fair and inclusive workplace free from discrimination; that is not the case in today’s America. Although employees are protected from discrimination by the Civil Rights Act of 1964 …
If You Can’T Beat ‘Em, Join ‘Em (Virtually): Institutionally Managing Law Students As Consumers In A Covid World, Debra Vollweiler
If You Can’T Beat ‘Em, Join ‘Em (Virtually): Institutionally Managing Law Students As Consumers In A Covid World, Debra Vollweiler
Faculty Scholarship
No abstract provided.
An Essential Service: Public Libraries And Their Role In Law And Society, Graham Reynolds
An Essential Service: Public Libraries And Their Role In Law And Society, Graham Reynolds
All Faculty Publications
On March 16, 2020, in order to help slow the spread of COVID-19, the City of Vancouver closed all of its public library branches. I experienced these closures on a number of different levels: as a Vancouver resident who loves to read and to visit libraries, as the partner of an avid reader, as the father of a four and a half year old who is as excited about the prospect of trips to the library to pick up “fresh books” as he is with the chance to practice riding his pedal bike through the neighborhood, and, among other identities, …
Tax Policy And Our Democracy, Clint Wallace
Tax Policy And Our Democracy, Clint Wallace
Faculty Publications
No abstract provided.
Race(Ing) Towards Legal Literacy For (Im)Migration Amidst Covid-19, Patriann Smith, S. Joel Warrican
Race(Ing) Towards Legal Literacy For (Im)Migration Amidst Covid-19, Patriann Smith, S. Joel Warrican
Teaching and Learning Faculty Publications
Historically and contemporarily, immigration laws have disproportionately affected immigrant faculty and students of color because they often inadvertently function as racial policy. (Critical) legal literacy enacted via a bottom-up approach can help to address such laws. Higher education institutions, organizations, labor unions and associations are uniquely positioned to use critical legal literacy as a tool of advocacy for immigrant faculty and students of color amidst the adverse effects of COVID-19.
Celest Newsletter, Issue 3, 2020, Faculty Of Law University Of Malaya
Celest Newsletter, Issue 3, 2020, Faculty Of Law University Of Malaya
Archival Material (2020s)
No abstract provided.
Celest Newsletter, Issue 2, 2020, Faculty Of Law University Of Malaya
Celest Newsletter, Issue 2, 2020, Faculty Of Law University Of Malaya
Archival Material (2020s)
No abstract provided.
Judges As Agents Of The Law, Daniel Harris
Judges As Agents Of The Law, Daniel Harris
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Boynton V. Virginia And The Anxieties Of The Modern African-American Customer, Amber Baylor
Boynton V. Virginia And The Anxieties Of The Modern African-American Customer, Amber Baylor
Faculty Scholarship
In 1958, Bruce Boynton was arrested for ordering food in a Whites-Only diner and charged with criminal trespass. Sixty years later, African Americans continue to face arrest and threat of arrest in commercial establishments based on discriminatory trespass claims. When store owners or employees decide to exclude would-be patrons from their establishment for discriminatory reasons, both overt and implicit, they rely on the police to enforce this form of discrimination. This article considers the legacy of Boynton v. Virginia, particularly the resonance of Boynton’s unaddressed claim, that the state enforcement of discriminatory trespass allegations is an Equal Protection …
To Ab Or Not To Ab?: Dispute Settlement In Wto Reform, Bernard M. Hoekman, Petros C. Mavroidis
To Ab Or Not To Ab?: Dispute Settlement In Wto Reform, Bernard M. Hoekman, Petros C. Mavroidis
Faculty Scholarship
Recent debates on the operation of the WTO’s dispute resolution mechanism have focused primarily on the Appellate Body (AB). We argue that this neglects the first-order issue confronting the rules-based trading system: sustaining the principle of de-politicized conflict resolution that is reflected in the negative consensus rule for adoption of dispute settlement findings. Improving the quality of the work of panels by appointing a roster of full-time professional adjudicators, complemented by reforms to WTO working practices that reduce incentives to resort to formal dispute settlement, can resolve the main issues that led to the AB crisis. Effective, coherent, and consistent …
Cyberattacks And The Constitution, Matthew C. Waxman
Cyberattacks And The Constitution, Matthew C. Waxman
Faculty Scholarship
Contrary to popular view, cyberattacks alone are rarely exercises of constitutional war powers – and they might never be. They are often instead best understood as exercises of other powers pertaining to nonwar military, foreign affairs, intelligence, and foreign commerce, for example. Although this more fine-grained, fact-specific conception of cyberattacks leaves room for broad executive leeway in some contexts, it also contains a strong constitutional basis for legislative regulation of cyber operations.
Executive Underreach, In Pandemics And Otherwise, David E. Pozen, Kim Lane Scheppele
Executive Underreach, In Pandemics And Otherwise, David E. Pozen, Kim Lane Scheppele
Faculty Scholarship
Legal scholars are familiar with the problem of executive overreach, especially in emergencies. But sometimes, instead of being too audacious or extreme, a national executive's attempts to address a true threat prove far too limited and insubstantial. In this Essay, we seek to define and clarify the phenomenon of executive underreach, with special reference to the COVID-19 crisis; to outline ways in which such underreach may compromise constitutional governance and the international legal order; and to suggest a partial remedy.
Furtive Blackness: On Blackness And Being, T. Anansi Wilson
Furtive Blackness: On Blackness And Being, T. Anansi Wilson
Faculty Scholarship
Furtive Blackness: On Blackness and Being (“Furtive Blackness”) and The Strict Scrutiny of Black and BlaQueer Life (“Strict Scrutiny”) take a fresh approach to both criminal law and constitutional law; particularly as they apply to African descended peoples in the United States. This is an intervention as to the description of the terms of Blackness in light of the social order but, also, an exposure of the failures and gaps of law. This is why the categories as we have them are inefficient to account for Black life. The way legal scholars have encountered and understood the language of law …
The Strict Scrutiny Of Black And Blaqueer Life, T. Anansi Wilson
The Strict Scrutiny Of Black And Blaqueer Life, T. Anansi Wilson
Faculty Scholarship
Furtive Blackness: On Blackness and Being (“Furtive Blackness”) and The Strict Scrutiny of Black and BlaQueer Life (“Strict Scrutiny”) take a fresh approach to both criminal law and constitutional law; particularly as they apply to African descended peoples in the United States. This is an intervention as to the description of the terms of Blackness in light of the social order but, also, an exposure of the failures and gaps of law. This is why the categories as we have them are inefficient to account for Black life. The way legal scholars have encountered and understood the language of law …
Challenging Moral And Policy Rationales For Charging Youth As Adults, Molly Lockwood
Challenging Moral And Policy Rationales For Charging Youth As Adults, Molly Lockwood
Pitzer Senior Theses
Does the practice of charging juveniles as adults serve the retributive and consequentialist goals of criminal justice policy? Proponents of limiting juvenile court jurisdiction argue that the rehabilitation-oriented remedies available therein are neither sufficient to hold adolescents accountable for wrongdoing, nor strong enough to deter future youth crime. The first chapter of this thesis examines the forward and backward looking premises underlying juvenile transfer to adult criminal court. I find that transfer policies are inconsistent with dominant theories of responsibility and punishment as applied to juveniles. I argue in Chapter One that transfer produces undesirable outcomes with respect to the …
How The Race Of A Neighborhood Criminalizes The Citizens Living Within: A Focus On The Supreme Court And The "High Crime Neighborhood", Deandre' Augustus
How The Race Of A Neighborhood Criminalizes The Citizens Living Within: A Focus On The Supreme Court And The "High Crime Neighborhood", Deandre' Augustus
St. Thomas Law Review
My whole life I was taught that all men are not created equal. This was beaten into my brain by my loving mother who just wanted me to be safe. You see, this message was part of what most young Black men hear when given “the talk.” I remember multiple variations of the talk given to me throughout my early childhood. However, a variation of the talk was most vividly remembered while taking our dog for a walk around my neighborhood with my mother. At the time, we lived in a suburban area, in a predominantly White neighborhood of Baton …
Equality Is A Brokered Idea, Robert L. Tsai
Equality Is A Brokered Idea, Robert L. Tsai
Faculty Scholarship
This essay examines the Supreme Court's stunning decision in the census case, Department of Commerce v. New York. I characterize Chief Justice John Roberts' decision to side with the liberals as an example of pursuing the ends of equality by other means – this time, through the rule of reason. Although the appeal was limited in scope, the stakes for political and racial equality were sky high. In blocking the administration from adding a citizenship question to the 2020 Census, 5 members of the Court found the justification the administration gave to be a pretext. In this instance, that lie …
Quarantine And Its Legal Dimension, Rahmi̇ Kiliç, Çi̇ğdem Ataman Hati̇poğlu, Cemi̇l Güneş
Quarantine And Its Legal Dimension, Rahmi̇ Kiliç, Çi̇ğdem Ataman Hati̇poğlu, Cemi̇l Güneş
Turkish Journal of Medical Sciences
Quarantine and isolation are public health measures used for centuries to prevent the spread of infectious diseases. Quarantine is separation of persons who have been exposed to an infection but asymptomatic, while isolation is separation of infected patients. Voluntary quarantine is preferred, but if necessary, it can be mandatory. These implementations can lead to restrictions on individual liberties, leading to ethical and legal problems. Isolation and quarantine enforcement are regulated by laws. Those who do not follow the quarantine rules could be punished. Isolation and quarantine practices in our country are described in General Hygiene Law. In this study the …
The Wall We Need: The Necessity For Judicial Hostility Towards Religion And Mistakes Made By The Supreme Court Regarding The Separation Of Church And State, Darin King
CGU Theses & Dissertations
In 1952, in a case held to permit early release of students from school in order to attend religious study off campus, the Supreme Court of the United States declared that, “[W]e find no Constitutional requirement which makes it necessary for government to be hostile to religion.” This Thesis argues the opposite: that government hostility towards religion is, in fact, necessary, both Constitutionally and for prudence’s sake.
Jewish Lawyers And The U.S. Legal Profession: The End Of The Affair?, Eli Wald
Jewish Lawyers And The U.S. Legal Profession: The End Of The Affair?, Eli Wald
Touro Law Review
No abstract provided.
From The Legal Literature: Automating Police, Francesca Laguardia
From The Legal Literature: Automating Police, Francesca Laguardia
Department of Justice Studies Faculty Scholarship and Creative Works
No abstract provided.
Tsai Today (2020), Southern Methodist University, Dedman School Of Law, Tsai Center For Law, Science And Innovation
Tsai Today (2020), Southern Methodist University, Dedman School Of Law, Tsai Center For Law, Science And Innovation
Tsai Today
No abstract provided.
The Defender General, Daniel Epps, William Ortman
The Defender General, Daniel Epps, William Ortman
Law Faculty Research Publications
No abstract provided.