Law Commons^™

Truth, Reconciliation, And The Cost Of Adversarial Justice, Trevor C. W. Farrow

Articles & Book Chapters

That Indigenous people in Canada were victimized for well over a century by the residential schools system for Aboriginal children is not in question. The system, which amounted to an “assault on child and culture,” was designed to “kill the Indian in the child.” Whether the legal system – purporting to provide some form of compensation in the context of claims by survivors and their families – has provided justice is a much more open question. The costs – financial, social, health, time, and so on – associated with pursuing the resolution of residential schools claims through the justice system …

Lawyers Democratic Dysfunction, Leah Litman

Articles

As part of the symposium on Jack Balkin and Sandy Levinson’s Democracy and Dysfunction, this Article documents another source of the dysfunction that the authors observe—elite lawyers’ unwillingness to break ranks with other elite lawyers who participate in the destruction of various norms that are integral to a well-functioning democracy. These network effects eliminate the possibility of “soft” sanctions on norm violators such as withholding future professional advancement. Thus, rather than enforcing norms and deterring norm violations, the networks serve to insulate norm violators from any meaningful accountability.

Legitimacy And Agency Implementation Of Title Ix, Samuel R. Bagenstos

Articles

Title IX of the Education Amendments of 1972 prohibits sex discrimination by programs receiving federal education funding. Primary responsibility for administering that statute lies in the Office for Civil Rights of the Department of Education (OCR). Because Title IX involves a subject that remains highly controversial in our polity (sex roles and interactions among the sexes more generally), and because it targets a highly sensitive area (education), OCR’s administration of the statute has long drawn criticism. The critics have not merely noted disagreements with the legal and policy decisions of the agency, however. Rather, they have attacked the agency’s decisions …

A Small But Mighty Docket: Select Criminal Law And Procedure Cases From The Supreme Court's 2019-20 Term, Eve Brensike Primus, Jeremy Shur

Articles

With its 2019-20 Term disrupted by the COVID-19 pandemic, the Supreme Court released just 53 signed decisions, the fewest decisions in a Term since the Civil War. But the Court's lighter docket still featured important criminal law and procedure cases touching on what constitutes reasonable individualized suspicion, the necessity of jury unanimity, and the proper form of the insanity defense.

As The Role Of The Driver Changes With Autonomous Vehicle Technology, So, Too, Must The Law Change, Nanci K. Carr

St. Mary's Law Journal

Getting a driver’s license is a highly anticipated rite of passage for most teenagers. Being alone behind the wheel, in control of a 3,000-pound machine, is an honor, a privilege, and a sign of adult responsibility. How will that change when driver’s licenses become licenses “to cause technology to engage” with the increased use of autonomous cars? Will driver’s education courses, with their focus on safety rules and defensive driving techniques, be eliminated if all a vehicle operator needs to do is push a button and the vehicle does the rest? While arguably autonomous cars are safer, they will not …

No Matter How Loud I Shout: Legal Writing As Gender Sidelining, Leslie Patrice Culver

Journal of Legal Education

No abstract provided.

Remote Work As An Accommodation For Employees With Disabilities, Stacy A. Hickox, Chenwei Liao

Hofstra Labor & Employment Law Journal

No abstract provided.

Les Deux Constitutions De John Marshall : Une Relecture De L’Arrêt Marbury V. Madison, Elisabeth Zoller

Articles by Maurer Faculty

No abstract provided.

Facilitating Access To Cross-Border Supplies Of Patented Pharmaceuticals: The Case Of The Covid-19 Pandemic, Frederick M. Abbott

Scholarly Publications

The COVID-19 pandemic has brought into stark relief the gaps in global preparedness to address widespread outbreaks of deadly viral infections. This article proposes legal mechanisms for addressing critical issues facing the international community in terms of providing equitable access to vaccines, treatments, diagnostics, and medical equipment. On the supply side, the authors propose the establishment of mandatory patent pools ('Licensing Facilities') on a global or regional, or even national basis, depending upon the degree of cooperation that maybe achieved. The authors also discuss the importance of creating shared production facilities. On the demand side, the authors propose the establishment …

Applying International Law Solutions To The Xinjiang Crisis, Preston Jordan Lim

Faculty Publications

No abstract provided.

21 In The 21st—An Evaluation Of The Tobacco Regulation Trend, Casey Kellum

St. Mary's Law Journal

Tobacco regulation persists as a controversial issue both legally and politically in the United States. Throughout American history, states rely on local legislation to provide adequate protection to consumers of tobacco products, as “Big Tobacco” targets consumers for its addictive product. One of the most recent amendments in this arena is the state by state decision to raise the minimum legal sales age for tobacco to twenty-one.

Despite rigorous regulation of tobacco products in the United States, however, tobacco remains the leading cause of preventable deaths in the country. These “Tobacco 21” ordinances come at a critical time when the …

From The Editors, Robert Dinerstein, Ezra Rosser

Journal of Legal Education

No abstract provided.

Byu Law School Faculty Listing

BYU Law Review

No abstract provided.

Aiding & Abetting: Holding States, Corporations, And Individuals Accountable For War Crimes In Yemen, Case Western Reserve University School Of Law

Yemen Accountability Project (YAP)

No abstract provided.

Indigenous Constitutionalism And Dispute Resolution Outside The Courts: An Invitation, Karen Drake

Articles & Book Chapters

The Supreme Court of Canada's jurisprudence on constitutionally protected Aboriginal rights filters Indigenous laws through the lens of liberal constitutionalism, resulting in distortions of Indigenous law. To overcome this constitutional capture, this article advocates for an institution that facilitates dispute resolution between Canadian governments and Indigenous peoples grounded in Indigenous constitutionalism. To avoid a pan-Indigenous approach, this article focuses on Anishinaabe constitutionalism as one example of Indigenous constitutionalism. It highlights points of contrast between Anishinaabe constitutionalism's and liberalism's foundational norms and dispute resolution procedures. This article argues that a hybrid institution—combining features of both liberalism and Indigenous constitutionalism—would merely reproduce …

Volume 104, Number 3 (Fall/Winter 2020-21)

Judicature

No abstract provided.

Natural Resources And Natural Law Part Ii: The Public Trust Doctrine, Robert W. Adler

Michigan Journal of Environmental & Administrative Law

Natural Resources and Natural Law Part I: Prior Appropriation analyzed claims by some western ranchers, grounded in natural law, that they have property rights in grazing resources on federal public lands through prior appropriation. Those individuals advocated their position in part through civil disobedience and armed standoffs with federal officials. They also asserted that their duty to obey theistic natural law overrode any duty to obey the Nation’s positive law. Similar claims that individual religious beliefs override positive law have been made recently regarding a range of other controversial issues, such as same-sex marriage, public insurance for birth control, and …

Circuit Split Deepened By Second Circuit's 'Functional' Test Application In Recent Section 1782 Ruling, Peter B. Rutledge, Emina Sadic Herzberger

Popular Media

Federal law authorizes district courts to order discovery for use in a proceeding before a "foreign or international tribunal." While that law, 28 U.S.C. § 1782, permits interested persons to request such discovery, neither the statutory language nor Supreme Court jurisprudence definitively resolves whether private arbitral tribunals fall within its scope. Unsurprisingly, the lack of clear guidance on this matter has triggered a circuit split, with the Second and Fifth Circuits generally declining to extend § 1782 to private arbitral tribunals while the Fourth and Sixth Circuits broadly interpret the statutory language to apply § 1782 to private arbitral tribunals. …

Law Library Blog (September 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Undefeated - Bicycle Cut-Outs To Promote Voting Exhibit Panel, Sally Brown

Undefeated Exhibit Panels

No abstract provided.

Undefeated - Election Issues Dial Exhibit Panel, Sally Brown

Undefeated Exhibit Panels

Undefeated - Election Issues Dial poster

A dial that asks "Is the US currently representing your views on priorities as a world power? No? Then VOTE". Under the dial are issues such as immigrants, gun deaths, poverty, healthcare, gender gap, energy, education and largest economy.

Undefeated - Richard Chance Quote Exhibit Panel, Sally Brown

Undefeated Exhibit Panels

Undefeated - Richard Chance Quotation poster

"We're the only advanced democracy that deliberately discourages people from voting." Richard Chance / The Guardian

Undefeated - Gerrymandering / Jim Crow Exhibit Panel, Sally Brown

Undefeated Exhibit Panels

Undefeated - Gerrymandering / Jim Crow poster

Definitions of redistricting, malapportionment and gerrymandering as means of voter suppression.

Undefeated - Elections Matter Exhibit Panel, Sally Brown

Undefeated Exhibit Panels

Undefeated - Elections matter poster

The poster draws attention to the ways that Congressional districts have been mapped inconsistently.

Undefeated - End Of Mississippi Jim Crow Laws Exhibit Panel, Sally Brown

Undefeated Exhibit Panels

No abstract provided.

Undefeated - Information/Disinformation Exhibit Panel, Sally Brown

Undefeated Exhibit Panels

Undefeated - Information/Disinformation poster

The poster lists disinformation tactics that can be used to spread a lack of confidence in elections and lead to voter suppression. Web links to government websites and fact checking sites are included.

Undefeated - How The Us Compares In Voter Turnout Exhibit Panel, Sally Brown

Undefeated Exhibit Panels

Undefeated - How the US Compares in Voter Turnout poster

The poster is an infographic representation comparing the voter turnout as a percentage of the population in the United States with the voter turnout in other countries. The square miles area of the United Sates and Canada are also represented.

Undefeated - Anti-Vote Sintra Circles, Sally Brown

Undefeated Exhibit Panels

Undefeated - Two 18-inch sintra material circles with repeated text "YOUR VOTE DOESN'T MATTER" in an inverse spiral. One circle is white letters on black background; other circle is black letters on white background.

Undefeated - Era And Blm Fold-Out Circles Exhibit Panels, Sally Brown

Undefeated Exhibit Panels

undefeated - ERA and BLM Fold-out Circles posters

Equal RIghts Amendment and Black Lives Matter descriptions

Undefeated - A Census That Counts Population Effectively Allocates Political Power For Every State Exhibit Panel, Sally Brown

Undefeated Exhibit Panels

Undefeated - A Census That Counts Population Effectively Allocates Political Power For Every State infographic poster.