Law Commons^™

Litigation Is “Just One Tool”: An Annotated Interview With Karin Baqi, Counsel For The End Immigration Detention Network In Brown V Canada, Kristen Lloyd

Journal of Law and Social Policy

The End Immigration Detention Network (EIDN) was formed as a coalition of migrant detainees, their family members, and allies, who organized to bring an end to indefinite immigration detention in Canada. In October 2016, EIDN was granted third party public interest standing in a constitutional challenge to Canada’s immigration detention regime. This granted an unprecedented legitimacy to EIDN, and to the rights and lives of immigration detainees, and should in itself be considered a victory. That said, it was a moment that would not have arrived without the three years of intensive political organizing that came before it. This article …

The Jail Accountability & Information Line: Early Reflections On Praxis, Souheil Benslimane, Sarah Speight, Justin Piché, Aaron Doyle

Journal of Law and Social Policy

Poor conditions of confinement and human rights violations have been commonplace at the Ottawa-Carleton Detention Centre (OCDC) since it opened in the early 1970s. Recently, the deplorable treatment of provincial prisoners at OCDC has been documented in reports by the Ontario Ombudsperson, the Ontario Human Rights Commission, the Independent Review of Ontario Corrections, the Community Advisory Board (established in 2014), the OCDC Task Force (established in 2016) and coronial inquests. Despite the avalanche of recommendations flowing from these reform-oriented interventions, pressing human rights issues persist at the facility—ranging from inedible food to inadequate health care that has contributed to preventable …

Out Of Sight, Out Of Mind: Bill C-83, Solitary Confinement, And Mental Health, Lydia Dobson

Journal of Law and Social Policy

This article investigates the recently passed Bill C-83, which aims to reduce harms caused by segregating people with mental health issues. In order to assess the capacity of the Bill to support meaningful change, the history of mental health institutions and correctional facilities in Ontario is first explored, followed by an analysis of recent cases on segregation and mental health in the province. Next, legislative oversight for federal prisons and provincial jails is described, followed by an overview of ongoing reforms. Here, a distinction between federal prisons and provincial jails is made in order to explore the different legislation governing …

No One Is Disposable: Towards Feminist Models Of Transformative Justice, Hannah Barrie

Journal of Law and Social Policy

This article looks toward a future of prison abolition by arguing for feminist models of Transformative Justice (TJ), a strategy that responds to harm by aiming to transform the conditions that make violence possible. Autoethnographic reflections of the author’s experience volunteering with Circles of Support and Accountability (COSA), a TJ initiative based on friendship and accountability working to reintegrate people incarcerated for perpetrating sexualized violence back into communities, are combined with a critical analysis of the existing literature about TJ principles and initiatives. Insights from the author’s experience with COSA are examined for their potential use in a feminist TJ …

Detaining The Uncooperative Migrant, Siena Anstis, Molly Joeck

Journal of Law and Social Policy

A migrant held in a Canadian prison refuses to hand over a DNA sample to the Canadian Border Services Agency (CBSA). Another refuses to sign a statutory declaration of voluntary return to Somalia where his return is anything but voluntary. Others outright refuse at times to assist in any manner whatsoever with their own deportation. Canadian officials, judges, and adjudicators have treated all of these situations as instances of “non-cooperative” behaviour by an immigration detainee and, in turn, relied on such conduct to impose lengthy and indefinite periods of immigration detention. While the issue of an immigration detainee’s “non-cooperation” seems …

Intergenerational Imprisonment: Resistance And Resilience In Indigenous Communities, Linda Mussell

Journal of Law and Social Policy

The recent National Inquiry into Missing and Murdered Indigenous Women and Girls (the National Inquiry) identified “the ongoing criminalization of Indigenous women as … another iteration of residential schools or the Sixties Scoop.” Embracing these findings, this article aims to highlight the hidden and complex intergenerational and colonial nature of confinement for Indigenous Peoples in Canada. Inspired by a holistic approach used by certain Indigenous scholars, this article makes an argument for viewing imprisonment as a harmful colonial tool that has been used against Indigenous Peoples in different ways throughout colonial history. In other words, imprisonment in prisons follows in …

Thinking Broadly: This Volume As A Guide For Abolitionists, Adam Lee

Journal of Law and Social Policy

No abstract provided.

Cardozo Law News Brief: October 2, 2020, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2020

Featured Faculty:

• Deborah Pearlstein
• Kate Shaw
• Samuel Weinstein
• Jocelyn Getgen Kestenbaum
• Kate Levine
• Gabor Rona
• Michel Rosenfeld
• Jessica Roth
• Anthony Sebok
• Ekow N. Yankah
• Edward Zelinsky

Campus News:

• Bet Tzedek Civil Litigation Clinic Students Work to Help Prevent Changes to Medicaid Eligibility

Events:

• Annual Floersheimer Center Supreme Court Term Preview
• Special Education Law & Advocacy Panel

Journal Staff

Duke Law Journal

No abstract provided.

Federal Court Halts Trump’S Ban On Nonimmigrant Visas, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Hands-Off Religion In The Early Months Of Covid-19, Samuel J. Levine

Scholarly Works

For decades, scholars have documented the United States Supreme Court’s “hands-off approach” to questions of religious practice and belief, pursuant to which the Court has repeatedly declared that judges are precluded from making decisions that require evaluating and determining the substance of religious doctrine. At the same time, many scholars have criticized this approach, for a variety of reasons. The early months of the COVID-19 outbreak brought these issues to the forefront, both directly, in disputes over limitations on religious gatherings due to the virus, and indirectly, as the Supreme Court decided important cases turning on religious doctrine. Taken together, …

إمكانية اعتماد الميثاق العربي لحقوق الإنسان مرجعاً موحداً لمادة حقوق الإنسان في الجامعات العربية, Mohammad Rabii Harrouk

Al Jinan الجنان

مما لا شك فيه أنّ مؤسسات التعليم العالي هي المكان الطبيعي لإعداد النخب الشبابية، ومن خلالها يُقرأ مستقبلها وتستبين معالمها، على اعتبار أنّ الطالب لا يدخل الجامعة للدراسة الأكاديمية فحسب، وإنّما لبناء شخصيته من مختلف الجوانب العملية والعلمية والفنية والثقافية والاجتماعية.

ولو بحثنا في واقع العمل العام في المجتمعات العربية لوجدنا بأنّ الشباب من خرّيجي الجامعات يعيشون حالة تأرجح بين الغلو في فهم وتطبيق مبدأ الحريات العامة (المنبثقة عن المواثيق الدولية لحقوق الإنسان في مجتمعات متعددة الجماعات المنتمية إلى ثقافات وهويات وطموحات سياسية ومفاهيم خاصة للتاريخ والقيم)، والتقصير والإهمال للحريات العامة مدعاته"فوبيا" وهواجس مبنية على أسس دينية وإجتماعية..

فالحديث دائماً …

Amicus (Fall 2020), University Of Colorado Law School

Amicus

Issue at a glance:

• Spotlights Dean Anaya's Anti-Racism and Representation Initiative
• Features essays by Colorado Law alumni and friends on racial justice, pipelines to law school, inclusiveness, and systemic inequalities
• Introduces new faculty and staff
• Details the law school's transition to remote learning due to the coronavirus pandemic
• Highlights the Dan Barash Scholarship, awarded to aspiring public defenders
• Recognizes milestones and successes of Colorado Law alumni

Compensation For The Players: An Analysis Of The Compensation For An Ncaa Athlete, Michael A. Bongiovanni

Online Blog

No abstract provided.

Mid-Atlantic Ethics Committee Newsletter, Fall 2020

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

The Conflict Between The Religious Freedom Restoration Act And Title Vii Of The Civil Rights Act Of 1964, Sara K. Finnigan

Florida State University Law Review

No abstract provided.

The U.S. Sentencing Commission’S Recidivism Studies: Myopic, Misleading, And Doubling Down On Imprisonment, Nora V. Demleitner

Scholarly Articles

Recidivism has now replaced rehabilitation as the guiding principle of punishment. It is increasingly used to steer criminal justice policy despite research limitations. It serves as a stand-in for public safety, even though lengthy incarceration may have criminogenic and other negative ramifications for family members and communities. Yet the U.S. Sentencing Commission emphasizes recidivism. It emphasizes what amounts to preemptive imprisonment for those with long criminal records to prevent future offending.

The Commission’s work should come with a warning label. First, its recidivism studies should not be consumed on their own. Instead they must be read in conjunction with U.S. …

2020–2021 Bulletin Of Information, Notre Dame Law School

Bulletins of Information

CONTENTS

• Admissions Information
• Academic Calendar
• Tuition and Fees
• Academic Requirements
• Off Campus Programs
• Senior Administrative Leadership
• Hoynes Code

Corporate Law And Social Risk, Stavros Gadinis, Amelia Miazad

Vanderbilt Law Review

Over a quarter of total assets under management are now invested in socially responsible companies. This turn to sustainability has gained solid ground over the last few years, earning the commitment of hundreds of CEOs and dominating the global business agenda. This marks an astounding repudiation of Wall Street’s get-rich-quick mentality, as well as a direct challenge to corporate law’s reigning mantra of profit maximization above all. But corporate law scholars are skeptical about the rise of sustainability. Some scoff at companies’ promises to “do the right thing” as empty rhetoric. But companies are revisiting core business practices and adjusting …

Proposing A Constructivist Approach To Resolving Trade Conflicts Under The African Continental Free Trade Area Agreement (Afcfta): A Cross-Jurisdictional Analysis, Oluwayesi Sanni

LLM Theses

Essentially a research of an interdisciplinary nature, this thesis seeks to carefully combine budding thoughts from two different areas of scholarship in order to present a unique underlying perspective. On the one hand, there is the study of conflict and its resolution from such intrinsic standpoint as to appreciate it as constitutive of the Society with the aim of achieving more wholesome outcomes that accentuates the uniqueness of each society. On the other hand, the recent coming to force of AfCFTA has left so much for scholars to grapple with, including how its dispute settlement regime could reflect more on …

Crisis And Coercive Pleas, Thea Johnson

JCLC Online

No abstract provided.

They Should Call It Negotiation School, Not Law School, John Lande

Faculty Blogs

Considering that lawyers spend much more time negotiating than going to trial, I offered suggestions for fundamentally reorganizing law school curricula and policies. This somewhat mischievous thought experiment includes ideas that are too radical for any law school to consider given the deeply entrenched institutionalization of legal education. But it is useful to ponder how law schools generally do a poor job of preparing students for the reality of practice and how schools might reform their curricula to do a better job.

Proposition 22: Protect App-Based Drivers And Services Act, Matt Urban, Kylie Zaechelein

California Initiative Review (CIR)

No abstract provided.

Proposition 25: Replace Cash Bail With Risk Assessment Referendum, Yevgeniy P. Pislar, Rachel Puleo

California Initiative Review (CIR)

No abstract provided.

Confessions And Redemption—And Politics—For An Un-Neutral Person Who Mediates, Marjorie Corman Aaron

Faculty Articles and Other Publications

Within ADR’s house, and now in our arbitration and mediation rooms, we mediators, court ADR administrators, process designers,and arbitrators can construct and conduct processes that reflect moral values our law makers seem to have abandoned.

The Impact Of Autonomous Vehicles On Urban Land Use Patterns, Gregory M. Stein

Florida State University Law Review

Autonomous vehicles are coming. The only questions are how quickly they will arrive, how we will manage the years when they share the road with conventional vehicles, and how the legal system will address the issues they raise. This Article examines the impact the autonomous vehicle revolution will have on urban land use patterns. Autonomous vehicles will transform the use of land and the law governing that valuable land. Automobiles will drop passengers off and then drive themselves to remote parking areas, reducing the need for downtown parking. These vehicles will create the need for substantial changes in roadway design. …

Companies As Commodities, Danielle D'Onfro

Florida State University Law Review

Like copper, corn, or crude oil, companies increasingly trade like commodities. Some investors-certain holders of debt, activist shareholders, and controlling shareholders, especially private equity funds-are focused solely on returns. In practice, this means that they care about the fate of the companies in which they invest no more than they care about the fate of any tonne of copper, bushel of corn, or oil barrel they happen to trade. These investors are so immune to reputational concerns that they will even prefer that the companies in which they invest fail if failure maximizes their return on investment. This Article identifies …

Weaponizing The Ballot, Derek T. Muller

Florida State University Law Review

State legislatures are considering passing laws to prevent presidential candidates from appearing on the ballot if they fail to disclose their tax returns. These proposals exceed the states' power under the Elections Clause and the Presidential Electors Clause. States have no power to add qualifications to presidential or congressional candidates. But states do have constitutional authority to regulate the manner of holding elections and to direct the manner of appointing presidential electors. "Manner" regulations that relate to the ballot are those that affect the integrity and reliability of the electoral process itself or that require a preliminary showing of substantial …

Privacy Injuries And Article Iii Concreteness, Peter C. Ormerod

Florida State University Law Review

The Supreme Court's 2016 decision in Spokeo, Inc. v. Robins requires federal courts to investigate the "concreteness" of a plaintiff's injury, even after Congress has recognized the injury by statute. Spokeo's concreteness discussion is a confusing mixture of several distinct considerations, and there is little rhyme or reason to how the lower courts have interpreted and applied Spokeo to other statutorily authorized injuries. This Article identifies four distinct informational injuries in the Court's past cases: injuries arising from the withholding, acquiring, using, and disseminating of information. To avoid Spokeo's mistakes, federal courts should give binding deference to Congress's decision to …

Gut Renovations: Using Critical And Comparative Rhetoric To Remodel How The Law Addresses Privilege And Power, Lucille A. Jewel

Scholarly Works

No abstract provided.