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Articles 1 - 30 of 6289
Full-Text Articles in Law
U'Wa Indigenous People Vs. Columbia: Potential Applications Of The Escazu Agreement, Ariana Lippi
U'Wa Indigenous People Vs. Columbia: Potential Applications Of The Escazu Agreement, Ariana Lippi
Sustainable Development Law & Policy
Though the case is ongoing, and results are still to be seen, it in many ways sets a precedent for indigenous communities in Latin America seeking redress for environmental and cultural injustices. With Colombia’s recent ratification of The Escazú Regional Agreement (the Agreement herein) in 2022, this case presents a unique opportunity for implementation of the Agreement and greater accountability within existing domestic legislation.
Natural Resources In The Arctic: The Equal Distribution Of Uneven Resrouces, Ganeswar Matcha, Sudarsanan Sivakumar
Natural Resources In The Arctic: The Equal Distribution Of Uneven Resrouces, Ganeswar Matcha, Sudarsanan Sivakumar
Sustainable Development Law & Policy
This paper analyses the governance machine in place at the Arctic and examines the application of the principles of “common heritage of mankind” at the Arctic. This paper also offers some tentative propositions aimed at protecting Out Bound investment rights and how the World Trade Organization or other countries, like the U.S., can intercede in the Arctic investment sphere and attempt to regulate along with the United Nations Convention for the Law of the Sea.
Incentivizing Sustainability In American Enterprise: Lessons From Finnish Model, Vasa T. Dunham
Incentivizing Sustainability In American Enterprise: Lessons From Finnish Model, Vasa T. Dunham
Sustainable Development Law & Policy
The disparate climate performances of Finland and the United States, two of the wealthiest countries in the world, bring to light the question of how corporate responsibility has been inspired in each jurisdiction. Having established the urgency of the climate crisis and the importance of corporate behavior in optimizing a given country’s approach to protection of the global environment, an examination of each nation’s legal frameworks may shed light on features of the corporate regime that are effective in advancing sustainability goals and those that are not.22 Part I of this paper establishes a comparative framework by providing background on …
Editor's Note, Shade Streeter, Reagan Ferris
Editor's Note, Shade Streeter, Reagan Ferris
Sustainable Development Law & Policy
The Sustainable Development Law & Policy Brief (ISSN 1552-3721) is a student-run initiative at American University Washington College of Law that is published twice each academic year. The Brief embraces an interdisciplinary focus to provide a broad view of current legal, political, and social developments. It was founded to provide a forum for those interested in promoting sustainable economic development, conservation, environmental justice, and biodiversity throughout the world.
Worthless Checks? Clemency, Compassionate Release, And The Finality Of Life Without Parole, Daniel Pascoe
Worthless Checks? Clemency, Compassionate Release, And The Finality Of Life Without Parole, Daniel Pascoe
Northwestern University Law Review
Life without parole (LWOP) sentences are politically popular in the United States because, on their face, they claim to hold prisoners incarcerated until they die, with zero prospect of release via the regularized channel of parole. However, this view is procedurally shortsighted. After parole there is generally another remedial option for lessening or abrogating punishment: executive clemency via pardons and commutations. Increasingly, U.S. legal jurisdictions also provide for the possibility of compassionate release for lifers, usually granted by a parole board.
On paper, pardon, commutation, and compassionate release are thus direct challenges to the claim that an LWOP sentence will …
The Supreme Court And Children, Aaron Tang
The Supreme Court And Children, Aaron Tang
Northwestern University Law Review
How do children fare at the Supreme Court? Empirical research on the question is sparse, but existing accounts suggest a disheartening answer. A 1996 study found that children lost more than half of their cases in the Court, and a pair of prominent scholars lamented twenty years later that “the losses in children’s rights cases” had “outpace[d] and overwhelm[ed] the victories.”
In this Article, I present evidence that complicates this understanding. Based on an original dataset comprising 262 Supreme Court decisions between 1953 and 2023, I find that children have prevailed in 62.6% of their cases. This win rate is …
Tribal Court Jurisdiction And The Exhausting Nature Of Federal Court Interference, Kekek Jason Stark
Tribal Court Jurisdiction And The Exhausting Nature Of Federal Court Interference, Kekek Jason Stark
University of Cincinnati Law Review
No abstract provided.
A New Private Law Of Policing, Cristina Carmody Tilley
A New Private Law Of Policing, Cristina Carmody Tilley
Brooklyn Law Review
American law and American life are asymmetrical. Law divides neatly in two: public and private. But life is lived in three distinct spaces: pure public, pure private, and hybrid middle spaces that are neither state nor home. Which body of law governs the shops, gyms, and workplaces that are formally accessible to all, but functionally hostile to Black, female, poor, and other marginalized Americans? From the liberal midcentury onward, social justice advocates have treated these spaces as fundamentally public and fully remediable via public law equity commands. This article takes a broader view. It urges a tort law revival in …
Puerto Rican Presidential Voting Rights: Why Precedent Should Be Overturned, And Other Options For Suffrage, Sigrid Vendrell-Polanco
Puerto Rican Presidential Voting Rights: Why Precedent Should Be Overturned, And Other Options For Suffrage, Sigrid Vendrell-Polanco
Brooklyn Law Review
The United States has continued to hold Puerto Rico as a colony, much like the British empire did the US colonies, and has given it no clear path to incorporation, statehood, or independent sovereignty. It has also denied its citizens the right to vote for their president and have voting representation in Congress. Current case law regarding Puerto Rican presidential voting rights and voting representation in Congress rests on precedent that dates almost as far back as its acquisition—the infamous Insular Cases. This case law is inconsistent with prior precedent, constitutional principles, and does not account for Puerto Rico’s contributions …
Essentializing Cultures In Us Asylum Law, Jaclyn Kelley-Widmer, Estelle Mckee
Essentializing Cultures In Us Asylum Law, Jaclyn Kelley-Widmer, Estelle Mckee
Brooklyn Law Review
Asylum applicants must tell a story about their home country that reduces and problematizes its culture. The requirements of asylum law demand that an applicant show why they will suffer persecution in their home country and that their government will not protect them from it. This legal framework prompts applicants to present a narrative in which their home culture plays the role of the ultimate antagonist, the force that propels the applicant’s persecutors to single them out for harm and renders their government passive—or even complicit—in the face of it. Such a narrative necessarily reduces the applicant’s culture to its …
Protecting The Beanstalk: Folklore As Traditional Cultural Expressions, Ainsley E. Marlette
Protecting The Beanstalk: Folklore As Traditional Cultural Expressions, Ainsley E. Marlette
The University of Cincinnati Intellectual Property and Computer Law Journal
No abstract provided.
Transformasi Dan Marginalisasi Masyarakat Adat: Suku Ata Modo Di Tengah Hegemoni Pengembangan Pariwisata Taman Nasional Komodo (Transformation And Marginalization Of Indigenous Communities: The Ata Modo Tribe's Experience Amidst The Hegemony Of Komodo National Park Tourism Development), Arif Putra Pratama, Avicenna Elang Chandra, Noor Risa Isnanto, An Nuur Khairune Nisa
Transformasi Dan Marginalisasi Masyarakat Adat: Suku Ata Modo Di Tengah Hegemoni Pengembangan Pariwisata Taman Nasional Komodo (Transformation And Marginalization Of Indigenous Communities: The Ata Modo Tribe's Experience Amidst The Hegemony Of Komodo National Park Tourism Development), Arif Putra Pratama, Avicenna Elang Chandra, Noor Risa Isnanto, An Nuur Khairune Nisa
The Indonesian Journal of Socio-Legal Studies
The massive development of tourism in Komodo National Park (KNP) has had a signi;icant impact on the local community there, in this case the Ata Modo Tribe. This tribe is a local tribe that has remained silent for a long time and was formed on Komodo Island long before the Komodo National Park was established. They have also lived side by side with the endangered Komodo dragon for decades and tried to maintain their culture and customs amidst the existence of KNP tourism development. This research tries to answer what cultural potential is still maintained by the Ata Modo Tribe, …
Perbandingan Pengaturan Kuota Pemilihan Perempuan Dan Kondisi Keterwakilan Perempuan Di Parlemen: Studi Kasus Indonesia, Timor-Leste, Dan Finlandia (A Comparison Study Of The Quotas And Conditions For Women's Representation In Parliament In Indonesia, Timor-Leste, And Finland), Ramadhanya Elwinne Huzaima Sibarani
Perbandingan Pengaturan Kuota Pemilihan Perempuan Dan Kondisi Keterwakilan Perempuan Di Parlemen: Studi Kasus Indonesia, Timor-Leste, Dan Finlandia (A Comparison Study Of The Quotas And Conditions For Women's Representation In Parliament In Indonesia, Timor-Leste, And Finland), Ramadhanya Elwinne Huzaima Sibarani
The Indonesian Journal of Socio-Legal Studies
Women’s representation in parliament is an important aspect of improving gender equality in a country. As of the 2019 parliamentary elections, women’s representation in the Parliament of the Republic of Indonesia (DPR RI) has only reached 21.4%. This figure is far below Timor-Leste and Finland, which respectively have 40% and 47% women’s representation. To increase the number of women’s representation in parliament, there is a concept called women's electoral quota. This study attempts to compare how women’s electoral quotas are regulated in Indonesia, Timor-Leste, and Finland. In addition, this study also reviews the condition of women’s representation in the parliaments …
Aligning The Stars: Institutional Convergence As Social Change, Raymond H. Brescia
Aligning The Stars: Institutional Convergence As Social Change, Raymond H. Brescia
Fordham Law Review
In a democracy, in which the legal and constitutional systems should reflect popular will and individual and collective self-determination are the engines through which those systems are realized, what are the means by which individuals, organizations, and social movements might bring about meaningful and sustainable social change that makes that society more just, more inclusive, and more equitable? A common understanding of how social change happens, and who can bring about that change, is represented in an oft-quoted phrase, attributed to Margaret Mead: “Never doubt that a small group of committed people can change the world: Indeed, it is the …
Community Responsive Public Defense, Alexis Hoag-Fordjour
Community Responsive Public Defense, Alexis Hoag-Fordjour
Fordham Law Review
This colloquium asks us to consider how social change is influencing the legal profession and the legal profession’s response. This Essay applies these questions to organizing around criminal injustice and the response from public defenders. This Essay surfaces the work of four innovative indigent defense organizations that are engaged with and duty-bound to the communities they represent. I call this “community responsive public defense,” which is a distinct model of indigent defense whereby public defenders look to their clients and their clients’ communities to help shape advocacy, strategy, and representation.
Methodologically, this Essay relies primarily on qualitative interviews with leaders …
Gray Areas In Green Claims: Why Greenwashing Regulation Needs An Overhaul, Valerie J. Peterson
Gray Areas In Green Claims: Why Greenwashing Regulation Needs An Overhaul, Valerie J. Peterson
Villanova Environmental Law Journal
No abstract provided.
Throwing Tomato Soup At A Van Gogh: How Climate Activists Leveraged Legal Theory, Criminal Law, And Moral Outrage To Conduct A Radical Protest Campaign In The World's Most Famous Museums, Joe Udell
Villanova Environmental Law Journal
No abstract provided.
Pest Or Guest, Friend Or Foe? Reframing The "Hard Look" Doctrine's Role In Environmental Pesticide Policy, James J. Burke
Pest Or Guest, Friend Or Foe? Reframing The "Hard Look" Doctrine's Role In Environmental Pesticide Policy, James J. Burke
Villanova Environmental Law Journal
No abstract provided.
No Need To Reinvent The Wheel: The Positive Relationship Between Green Technology And Patient Enforcement, Addison S. Fowler
No Need To Reinvent The Wheel: The Positive Relationship Between Green Technology And Patient Enforcement, Addison S. Fowler
Villanova Environmental Law Journal
No abstract provided.
An "F" In Judicial Education: Why Emerging Technologies And New Risks Demand Judicial Education Reform, Kevin Thomas Frazier J.D., M.P.A.
An "F" In Judicial Education: Why Emerging Technologies And New Risks Demand Judicial Education Reform, Kevin Thomas Frazier J.D., M.P.A.
Ohio Northern University Law Review
No abstract provided.
A State For Second Chances: Utah’S Clean Slate Legislation, Madelynn Woolf
A State For Second Chances: Utah’S Clean Slate Legislation, Madelynn Woolf
Utah Law Review
Utah’s Clean Slate Act and the wave of similar legislation across the country provide a much-needed change to the traditional method of expungements that left many still facing heavy collateral consequences. Utah’s first pass at this legislation struck a good balance, evidenced by bipartisan support. It does not eliminate responsibility for one’s actions, but “[t]hose who violate the law and then pay their debt to society should not be punished indefinitely for the rest of their lives.” This reflects the broader “vision of America, then and now . . . a land of second chances, where one could make a …
Energy Justice And Renewable Rikers, Rebecca Bratspies
Energy Justice And Renewable Rikers, Rebecca Bratspies
University of Miami Law Review
Unsustainable energy practices generate the lion’s share of global carbon emissions as well as staggering levels of deadly particulate pollution. Replacing the current dirty, fossil fuel-based system with affordable, clean energy is both a human rights imperative and a climate change necessity. This transition, which has already begun, creates the opportunity to do things differently. By confronting the structural racism embedded in existing energy structures, we can build a just transition rather than just a transition. This Article uses New York City’s Renewable Rikers project as a case study to explore how we might take advantage of the intersections between …
Seeding A Movement: Indigenous Food Sovereignty, Mariaelena Huambachano
Seeding A Movement: Indigenous Food Sovereignty, Mariaelena Huambachano
University of Miami Law Review
For many Indigenous peoples, well-being is bound up with and inseparable from the natural world. But since colonialism, Indigenous traditions and access to traditional foods or foodways have been disrupted, imperiling their health and well-being. In this Article, I discuss the role of Indigenous cosmovision/worldview and Indigenous Food Sovereignty in achieving environmental justice. Specifically, in this Article, I discuss that despite, or perhaps because of, efforts to deny Indigenous peoples’ access to healthy and culturally appropriate foods, Indigenous Food Sovereignty took a rise of preciousness in informing natural regenerative food systems, and ultimately, “holistic/collective well-being.”
Indigenous Knowledge As Evidence In Federal Rule-Making, Edward Randall Ornstein
Indigenous Knowledge As Evidence In Federal Rule-Making, Edward Randall Ornstein
University of Miami Law Review
Recent and historic federal guidance instructs agencies to consider Indigenous Knowledge in decision-making where it is available. However, tribal advocates are faced with many hurdles, in the form of “information quality” criteria, which requires the collection and dissemination of Indigenous Knowledge to conform to a complex set of procedural rules before agencies may be willing to consider it as evidence for rule-making. This Article seeks to define Indigenous Knowledge, highlight the hurdles to its implementation by federal agencies, and equip tribal advocates and officials with strategies and a demonstrative example of best practices for the packaging and presentation of Indigenous …
Public Health Impacts And Intra-Urban Forced Displacement Due To Climate Gentrification In The Greater Miami Area—Community Lawyering For Environmental Justice And Equitable Development, Theresa Pinto, Abigail Fleming, Sabrina Payoute, Elissa Klein
Public Health Impacts And Intra-Urban Forced Displacement Due To Climate Gentrification In The Greater Miami Area—Community Lawyering For Environmental Justice And Equitable Development, Theresa Pinto, Abigail Fleming, Sabrina Payoute, Elissa Klein
University of Miami Law Review
Because Miami-Dade County is “ground zero” for such climate effects as sea-level rise and increasingly hazardous, climate-driven Atlantic hurricanes, the coral rock ridge that runs along the Eastern coast of South Florida is a prime target for redevelopment and “climate” gentrification. Through a community and movement lawyering for environmental justice approach, we partnered with local community organizations to contribute to the ongoing work of community-driven equitable development. In partnership, we developed an environmental public health study to understand and document the public health effects on disadvantaged communities in Miami-Dade County from forced intra-urban displacement due to redevelopment that is being …
Evolving Legal Conceptions Of “Energy Communities”, Uma Outka
Evolving Legal Conceptions Of “Energy Communities”, Uma Outka
University of Miami Law Review
The concept of “energy communities” has had long-standing and evolving significance in the United States and in other countries around the world. Under the Biden Administration, the term “energy communities” has acquired new legal meanings that differ by context and continue to evolve. This Article traces the shifting meaning of “energy communities” and examines how it relates to other dominant references to “communities” in the context of energy law and policy, including environmental justice, low-income, underserved, and disadvantaged communities, as well as newer community-scale energy system innovations, such as community solar or “advanced energy communities.” International comparisons, such as with …
The Underwater: Using Art To Engage Communities Around Climate Action, Xavier Cortada
The Underwater: Using Art To Engage Communities Around Climate Action, Xavier Cortada
University of Miami Law Review
This Article delves into the intersection of art and environmental activism, with a focus on the impact of climate change. Cortada, both an artist and trained attorney, re-counts his three-decade journey leveraging art to inspire community engagement and address social and environmental challenges. He explains how Antarctic researchers made him aware of South Florida's vulnerability to sea level rise, leading to the development of interactive art projects that foster civic engagement and climate advocacy. The Article also addresses the challenges posed by climate denial and misinformation, emphasizing the need for creative strategies to combat these issues.
Cortada introduces specific participatory …
‘Rounding Up’ Roundup: One Last Hope For Glyphosate Regulation, Gabrielle Argimón-Cartaya
‘Rounding Up’ Roundup: One Last Hope For Glyphosate Regulation, Gabrielle Argimón-Cartaya
University of Miami Law Review
Since 1974, Bayer’s Roundup remains the world’s most popular herbicide and pervades United States farmland and food production. However, in 2015, Roundup landed centerstage in an international and presently unsettled debate over whether its active ingredient, glyphosate, causes cancer. Environmental groups regularly call for the de-registration of glyphosate due to the plethora of ailments, ecological harm, and weed resistance resulting from glyphosate use. Dissenting experts, however, believe that strict bans would devastate agriculture because of global dependence and the lack of any popular alternatives. Faced with mounting litigation, silence from the highest court, and unreliable regulators, Bayer continues to effect …
The Uae Legislator’S Approach To Combating Human Trafficking Crimes In Light Of The Anti-Human Trafficking Law Issued By Federal Decree Law No. (24) Of 2023, Saif Alzaabi
Journal of Police and Legal Sciences
This research analyzes the articles of the Anti-Human Trafficking Law, which was issued by Federal Decree No. (24) of 2023, in order to clarify what is meant by human trafficking crimes in accordance with the provisions of this law, determine the means of committing them, and research the criminalization and punishment provisions for these crimes. The research was prepared following the descriptive approach in order to introduce the theoretical framework of the research, and the analytical method in order to analyze the legal texts related to the research.
One of the most prominent results of the research was that the …
Translating A Cbdc Dollar Into A Constitutional Dollar, Christopher P. Guzelian
Translating A Cbdc Dollar Into A Constitutional Dollar, Christopher P. Guzelian
St. Mary's Law Journal
The constitutional Dollar was a silver coin. Federal and state paper moneys were
unconstitutional, and gold and copper coins were not Dollars. Consequently, notable
constitutional originalists claim any Dollar not constructed from silver—including the
current widely circulating paper Federal Reserve note—is unconstitutional. But the Dollar
soon may undergo an unprecedented technological metamorphosis: in 2022, the White
House and the Federal Reserve Bank Board of Governors advocated the possible adoption
of a U.S. Central Bank Digital Currency (“CBDC” Dollars). Private commercial
electronic bank credits have been issued for some time, but a CBDC Dollar would be
America’s first electronic government currency. …