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Full-Text Articles in Law

Adult Conservatorship In The United States: Flaws And Proposed Solutions To The Legal System, Margaret Sheffield, Alex Stevens Apr 2022

Adult Conservatorship In The United States: Flaws And Proposed Solutions To The Legal System, Margaret Sheffield, Alex Stevens

Brigham Young University Prelaw Review

Despite attempts to protect incapacitated adults in the United States, financial exploitation of the elderly and disabled remains a serious problem. Adult conservatorships are often established to offer incapacitated adults protection. However, many cases of adult conservatorships lead to increased abuse due to lack of accountability from conservators. This paper provides a brief overview of abuse towards incapacitated adults and proposes a solution in the form of a federal office entitled the Office of Adult Conservatorship and Guardianship Enforcement (OACE) which would be established under the United States Department of Health and Human Services.


Cedaw And Transformative Judicial Obligations: The Vulnerable Migrant Domestic Worker And Root Causes Of Abuse, Cheah W. L. Jan 2022

Cedaw And Transformative Judicial Obligations: The Vulnerable Migrant Domestic Worker And Root Causes Of Abuse, Cheah W. L.

Michigan Journal of International Law

CEDAW’s transformative provisions, which require states to address root causes of injustice and discrimination, can be made more effective not only through legislation and policy, as commonly argued, but through the judiciary. This article highlights the need to develop the content and implementation of transformative judicial obligations under CEDAW through a comparative study of judicial decisions on the abuse of female MDWs in three key MDW destinations that are party to CEDAW—Hong Kong, Singapore, and Malaysia. By engaging with scholarship on CEDAW’s positive obligations, transformative equality, and theories of adjudication, this article argues that criminal law courts should not only …


Taxonomy And Restorative Justice: Can We Even See The Problem?, Dominique Day Jan 2022

Taxonomy And Restorative Justice: Can We Even See The Problem?, Dominique Day

Journal of Race, Gender, and Ethnicity

No abstract provided.


Reparations And The International Law Origin Story, John Linarelli Jan 2022

Reparations And The International Law Origin Story, John Linarelli

Journal of Race, Gender, and Ethnicity

No abstract provided.


Whiteness As Contract, Marissa Jackson Sow Jan 2022

Whiteness As Contract, Marissa Jackson Sow

Faculty Publications

2020 forced scholars, policymakers, and activists alike to grapple with the impact of “twin pandemics”—the COVID-19 pandemic, which has devastated Black and Indigenous communities, and the scourge of structural and physical state violence against those same communities—on American society. As atrocious acts of anti-Black violence and harassment by law enforcement officers and white civilians are captured on recording devices, the gap between Black people’s human and civil rights and their living conditions has become readily apparent. Less visible human rights abuses camouflaged as private commercial matters, and thus out of the reach of the state, are also increasingly exposed as …


Mapping Racial Capitalism: Implications For Law, Carmen G. Gonzalez, Athena D. Mutua Jan 2022

Mapping Racial Capitalism: Implications For Law, Carmen G. Gonzalez, Athena D. Mutua

Journal Articles

The theory of racial capitalism offers insights into the relationship between class and race, providing both a structural and a historical account of the ways in which the two are linked in the global economy. Law plays an important role in this. This article sketches what we believe are two key structural features of racial capitalism: profit-making and race-making for the purpose of accumulating wealth and power. We understand profit-making as the extraction of surplus value or profits through processes of exploitation, expropriation, and expulsion, which are grounded in a politics of race-making. We understand race-making as including racial stratification, …