Law Commons^™

Free, Prior And Informed Consent: Addressing Political Realities To Improve Impact, Tehtena Mebratu-Tsegaye, Leila Kazemi

Columbia Center on Sustainable Investment Staff Publications

Indigenous and Tribal peoples’ right to free, prior and informed consent (FPIC) has transformative potential. Yet, there is a considerable gap between the theory and what happens in practice. Global actors supporting recognition of FPIC and effective prior consultation processes usually focus on normative standards and best practices. They concentrate much less on addressing the political challenges and opportunities that shape how these processes unfold.

With funding from the Ford Foundation, we looked at the politics of FPIC in Latin America, analyzing how the power and interests of the key players–across governments, companies and indigenous peoples–can determine the fate of …

Analyzing The Social Impact Of Gacaca Courts In The Reconciliation Process In Rwanda, Mary Thibodeau

Independent Study Project (ISP) Collection

Restorative justice is often misunderstood by Western academia in the context of community-based justice systems in African nations. The Gacaca courts used in Rwanda after the 1994 genocide against the Tutsi are frequently criticized for their procedures and outcomes. However, a majority of these criticisms come from Western authors without having engaged in conversations with Rwandans and observing the effects of the trials within the nation. The only people who know and understand the impact of the Gacaca courts are Rwandans. I have been researching how the Gacaca trials contributed to homegrown solutions and their impact within communities in Rwanda …

Serving-Up The Ace: Understanding Adverse Childhood Experiences (“Ace”) In Dependency Adoption Through The Lens Of Social Science, Cynthia G. Hawkins, Taylor Scribner

University of Michigan Journal of Law Reform Caveat

Almost certainly, every child who enters the foster care system has endured some sort of trauma. It is unrefuted that childhood trauma correlates with mental, physical, and behavioral problems well into adulthood. In 1998, one of the first major studies of the relationship between certain forms of childhood trauma and adult behavior and disease was reported. Collectively, these traumas are called “Adverse Childhood Experiences” (ACE).

Today ACE refers to ten common forms of trauma that individuals may have experienced as children. To put this issue in perspective, it is currently estimated that 34.8 million children in the United States are …

The Internet Never Forgets: Image-Based Sexual Abuse And The Workplace, John Schriner, Melody Lee Rood

Publications and Research

Image-based sexual abuse (IBSA), commonly known as revenge pornography, is a type of cyberharassment that often results in detrimental effects to an individual's career and livelihood. Although there exists valuable research concerning cyberharassment in the workplace generally, there is little written about specifically IBSA and the workplace. This chapter examines current academic research on IBSA, the issues with defining this type of abuse, victim blaming, workplace policy, and challenges to victim-survivors' redress. The authors explore monetary motivation for websites that host revenge pornography and unpack how the dark web presents new challenges to seeking justice. Additionally, this chapter presents recommendations …

Table Of Contents - Cardozo International & Comparative Law Review, Vol. 4, Iss. 1

Cardozo International & Comparative Law Review

No abstract provided.

The Ethics Of Asymmetric Warfare, Waseem Ahmad Qureshi

Cardozo International & Comparative Law Review

With the rise of terrorism after the events of 9/11, and considering the conflicts and aftermath of the global war on terror, the international community has seen a surge in the use of nonstate actors (NSAs), mercenaries, private military companies (PMCs), and asymmetric warfare tactics, at the hands of both weak/victim states and powerful/aggressor states. In modern times, for example, NSAs and mercenaries are being used in the Syrian war, the Yemeni conflict, Afghanistan, and Iraq, in the form of rebel groups, insurgencies, terrorist organizations, and so on. So why has there been a sudden surge in the use of …

The Uniform Commercial Code Survey: Introduction, Jennifer S. Martin, Colin P. Marks, Wayne Barnes

Faculty Scholarship

The survey that follows highlights the most important developments of 2019 dealing with domestic and international sales of goods, personal property leases, payments, letters of credit, documents of title, investment securities, and secured transactions.

Distorted Drug Patents, Erika Lietzan

Faculty Publications

Drug patents are distorted. Unlike most other inventors, drug inventors must complete years of testing to the government’s specifications and seek government approval to commercialize their inventions. All the while, the patent term runs. When a drug inventor finally launches a medicine that embodies the invention, only a fraction of the patent life remains. And yet, conventional wisdom holds — and empirical studies show — that patent life is essential to innovation in the pharmaceutical industry, perhaps more so than any other inventive industry. Congress tried to do something about this in 1984, authorizing the Patent and Trademark Office to …

Preventing Wrongful Conviction Caused By Eyewitness (Mis)Identification: Establishing A Presumption Of Unreliability, Bailey D. Barnes

Faculty Publications

Wrongful convictions are inherently antithetical to a key tenant of the system of criminal justice in the United States, which former Supreme Court Justice George Sutherland shrewdly articulated as to ensure that "guilt shall not escape or innocence suffer." Reaching even further into the foundations of the common law, the great legal commentator William Blackstone stated of wrongful convictions that "the law holds it better that ten guilty persons escape, than that one innocent party suffer." This core principle of American justice was bolstered by the statements of two key Founding Fathers, John Adams and Benjamin Franklin. Adams stated of …

The Pillar: Newsletter Of The St. Mary's University School Of Law Center For Legal And Social Justice, St. Mary's University School Of Law

The Pillar

No abstract provided.

It Is Time To Get Back To Basics On The Border, Donna Coltharp

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

Dana Drozina Ll.M. '21: Reflections On The Fall 2020 Semester, Dana Drozina

Law School Personal Reflections on COVID-19

No abstract provided.

Professor Jennifer S. Stevenson: Reflections On The Fall 2020 Semester, Jennifer S. Stevenson

Law School Personal Reflections on COVID-19

No abstract provided.

Professor Jeffrey Bellin: Reflections On The Fall 2020 Semester, Jeffrey Bellin

Law School Personal Reflections on COVID-19

No abstract provided.

Samy W. Abdallah '21: Reflections On The Fall 2020 Semester, Samy W. Abdallah

Law School Personal Reflections on COVID-19

No abstract provided.

Julian Miller '23: Reflections On The Fall 2020 Semester, Julian Miller

Law School Personal Reflections on COVID-19

No abstract provided.

Professor Stacy Kern-Scheerer: Reflections On The Fall 2020 Semester, Stacy Kern-Scheerer

Law School Personal Reflections on COVID-19

No abstract provided.

Front Matter, North Carolina Journal Of Law And Technology

North Carolina Journal of Law & Technology

No abstract provided.

Star Performances: Ed Roberts On The Speaking Circuit, 1983-1995, Scot Danforth

Education Faculty Articles and Research

This article uses historical research methods to explore noted disability rights leader Ed Roberts' performances on the speaker circuit between 1983, when he left his position as director of the California Department of Rehabilitation, and his death in 1995. This article examines how he managed his performed identity, his self as presented on stage, in order to be a disability star. Using his own life story as a poignant example, he narrated an autobiography of how a paralyzed man could live a vigorous, successful, indeed a joyful life. His personal stories communicated his lived experiences of battling discrimination and stereotypes. …

Back To The Future: Creating A Bipartisan Environmental Movement For The 21st Century, David M. Uhlmann

Articles

With a contentious presidential election looming amidst a pandemic, economic worries, and historic protests against systemic racism, climate action may seem less pressing than other challenges. Nothing could be further from the truth. To prevent greater public health threats and economic dislocation from climate disruption, which will disproportionately harm Black Americans, people of color, and indigenous people, this Comment argues that we need to restore the bipartisanship that fueled the environmental movement and that the fate of the planet—and our children and grandchildren—depends upon our collective action.

On Sexual Harassment In The Judiciary, Leah Litman, Deeva Shah

Articles

This Essay examines the legal profession’s role in sexual harassment, particularly in the federal courts. It argues that individuals in the profession have both an individual and collective responsibility for the professional norms that have allowed harassment to happen with little recourse for the people subject to the harassment. It suggests that the legal profession should engage in a sustained, public reflection about how our words, actions, attitudes, and institutional arrangements allow harassment to happen, and about the many different ways that we can prevent and address harassment.

Expanding The Reach Of Progressive Prosecution, Jeffrey Bellin

Faculty Publications

No abstract provided.

Antitrust Regulation And The Federal-State Balance: Restoring The Original Design, Alan J. Meese

Faculty Publications

The U.S. Constitution divides authority over commerce between states and the national government. Passed in 1890, the Sherman Act (“the Act”) reflects this allocation of power, reaching only those harmful agreements that are “in restraint of... commerce among the several States.” This Article contends that the Supreme Court erred when it radically altered the balance between state and national power over trade restraints in 1948, abruptly abandoning decades of precedent recognizing exclusive state authority over most intrastate restraints. This revised construction of the Act contravened the statute’s apparent meaning, unduly expanded the reach of federal antitrust regulation, and undermined the …

Title Page

South Carolina Law Review

No abstract provided.

Table Of Contents

South Carolina Law Review

No abstract provided.

Board Of Editors And Law School Faculty

South Carolina Law Review

No abstract provided.

Tax Practice Gets A Mary Kay Makeover: The Tale Of Peterson And The Danielson Rule, Joy Sabino Mullane

South Carolina Law Review

No abstract provided.

Democratizing The Fourth Sector: B Corps And Beneficiary Participation, Joseph Pileri

South Carolina Law Review

No abstract provided.

The Elitification Of The U.S. Supreme Court And Appellate Lawyering, H. W. Perry Jr.

South Carolina Law Review

No abstract provided.

Attorney's Fees In Judicial Proceedings Involving Trusts, Estates, And Protected Persons: When Is An Award Just An Equitable?, Daniel F. Blanchard Iii

South Carolina Law Review

No abstract provided.