Law Commons^™

"Have You Met My Lawyer?" And "Making Lists Of What Was Lost", Kirsten Anderson

Loyola Interdisciplinary Journal of Public Interest Law

The theme of what justice looks like for those experiencing homelessness finds expression in two poems by social justice lawyer and poet Kirsten Anderson. Based on her nearly two decades of representing clients experiencing homelessness, she explores the nature of the client-lawyer relationship in a society where lawyers are usually only available to persons with wealth and power. Both poems explore the consequences of housing not being recognized as a human right—given visible expression in a humanitarian crisis of homelessness in a country where the rent is unaffordable for more than half the population.

The first poem, “Have you met …

Los Angeles Encampments, Christopher Chinn

Loyola Interdisciplinary Journal of Public Interest Law

My most recent work is not created in the shelter of a studio, but outside on the streets of my community and city. This on-going body of work challenges the accepted practice of “en plein air” painting by presenting not the picturesque and beautiful, but ugly and dirty places most avoid at great length, and do not wish to even see, encampments of Los Angeles’s unhoused residents. Painting is slow. The people who live in the tents and bivouacs that I paint are often very curious and ask me about what I am doing. In this way my work opens …

Beyond The Flames: Housing Justice And Rebuilding After The Wildfires, Michala Storms, Awoenam Mauna-Woanya, Christopher Chinn, Kaimipono D. Wenger

Loyola Interdisciplinary Journal of Public Interest Law

The speakers for this symposium explored the intersection of housing justice and the legal and policy obstacles encountered in rebuilding efforts in Los Angeles following the devastating wildfires. The wildfires burned more than 55,000 acres. That's approximately the size of Los Angeles city. Destroyed over 16,251 structures and has claimed at least 29 lives. These fires were the most catastrophic in all of Los Angeles County's history. The speakers discussed the challenges faced by displaced communities amid ongoing housing shortages, as well as the broader implications for housing policy and zoning. The conversation examined how attorneys, policy makers and the …

Flattening The Eviction Curve: Lessons From Los Angeles About Tenant Protection During A Pandemic (And Beyond), Kaimipono D. Wenger

Loyola Interdisciplinary Journal of Public Interest Law

Health policy responses to the Covid-19 pandemic often focused on “flattening the curve.” Health officials and politicians took steps to try to limit the number of people who were sick at any one time, to protect hospitals from being overwhelmed by a flood of patients. Some legal responses to evictions during this time were based on a similar rationale.

Similar to public health concerns around Covid-19, tenant advocates were concerned with the possibility that economic effects of the pandemic could lead to a “tsunami” of evictions hitting all at once and overwhelming legal advocates and tenant communities. Tenant advocates argued …

From Bets To Threats: The Impact Of Murphy On Student-Athletes, Rachel Bender

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The United States is experiencing a surge in the sports betting market following the Supreme Court’s 2018 decision to open the door for legalization. College sports, a beloved tradition for decades, has only become more popular with the rise of social media, which allows fans to interact with the athletes directly without ever leaving their homes. Due to this accessibility and popularity, it is easy to see why sports betting and collegiate sports would go hand in hand. With the legalization of sports betting, fans are no longer just viewers of the game; they are investors. Fans can place proposition …

Will More Notwithstandings Lead To Disallowances? An Examination Of S. 90 Of The Constitution Act, 1867, Richard Haigh, Johnathon Cruickshank

Conference Papers

No abstract provided.

Myths And Magical Thinking: American Civil Religion, The Establishment Clause, And “Codified Irrationality” In Anti-Crt Measures, Kyle Reinhard

Journal of Civil Rights and Economic Development

(Excerpt)

In Part I, I preview some of the overlapping tensions in U.S. public schooling created by the occasionally competing mandates of education federalism and democratic theory; describe the current state of the law with respect to the constitutionality of state and local governments seeking to inculcate (allegedly) prosocial community values in curriculum; and consider how battles over the meaning of “patriotism” through the decades show that ideology and religion often blend—and still, inevitably, make it—into the public square broadly nonetheless.

In Part II, I describe how religion is a useful tool, both descriptively and as a constitutional jurisprudential framework, …

Whose Right(S)?: Civil Rights Impact Of Cultural Conflicts In The Curriculum, S. David Mitchell

Journal of Civil Rights and Economic Development

(Excerpt)

Opponents of anti-woke legislation have challenged the presumption that the topics being taught are divisive or designed to indoctrinate students with a liberal or Left leaning ideology. Instead, they argue that these topics tell the unvarnished history of the United States. Furthermore, opponents have also challenged the asserted legality and validity of anti-woke legislation, arguing that the legislation infringes upon the First Amendment, specifically students’ and teachers’ academic freedom, students’ right to learn, and parents’ right to direct and control the education of their children. Unlike other controversial topics such as sexual education, which are taught in courses that …

From Freedom Schools To Freedom: A New Vision Of Desegregation, Joseph Kim

Journal of Civil Rights and Economic Development

(Excerpt)

I begin with Part I, where I hone in on the school integration movement of the 1950s, 1960s, and 1970s. I start at Brown v. Board of Education. When asked about Brown, most if not all people associate it with the racial integration of segregated public schools and the demise of Plessy v. Ferguson’s separate-but-equal doctrine. However, importantly, I argue that racial integration was not necessarily required by Brown. Rather than mandating racial integration of segregated schools, Brown mandated desegregation of segregated schools. The distinction between “desegregation” and “racial integration” is an important one. While …

Police Officers’ Perception Of The Anti-Police Movement And How That Affects Officer Retention In Minnesota, Kimberly Wood

Doctoral Dissertations and Projects

The research aims to investigate the perceived mass exodus of police officer departures alongside police officer retention rates throughout Minnesota. The study investigates whether high-profile police officer prosecutions together with national news incidents directly cause police officers to leave their jobs along with the Ferguson Effect taking place. The profession of policing has become more challenging and dangerous for its practitioners. The combination of recruitment challenges and increased assaults on police officers without punishment for perpetrators and elevated arrest resistance from suspects has led to the perceived mass exodus of police officers. The number of officer shootings and assaults combined …

Kwanza Jones & José E. Feliciano Commit $6 Million To Name Clinical Education Program At Cardozo School Of Law, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Cardozo School of Law announced a $6 million gift from alumna Kwanza Jones and José E. Feliciano to renovate and expand its clinical education facilities. The gift will establish the Kwanza Jones and José E. Feliciano Program for Clinical Education, supporting experiential legal education and increasing access to justice through Cardozo's nationally recognized clinical programs.

Queer Readings Of Law, Law And Literature

2025–2026 Flyers

No abstract provided.

Impact Of Trauma-Informed Care On The Restorative Justice Ecosystem, Amy Kight

Doctoral Dissertations and Projects

Created and titled as the ARTIC Project (Activating Restoration through Trauma-Informed Courts), this research addresses the gap between industrial/structural realities and relationship/nurturing realities within Substance Use Disorder (SUD) recovery and restorative justice paradigms. Grounded in Trust-Based Relational Intervention (TBRI), the project emphasized that sustainable behavioral change requires balancing connection with correction (KPICD, 2022). Through a biblical lens, the researcher posits complete healing only comes from our Heavenly Father and occurs on an individual level. With this in mind, TBRI research affirms that organizations do not change people - people change people (KPICD, 2022). This intentional relationship between God, Creation, Others, …

Pardon Me Please: Evaluating Clemency For Marijuana Offenders, Mitchell F. Crusto

Washington and Lee Law Review Online

Since 2012, several states and municipalities have decriminalized the non-violent use and possession of small amounts of recreational marijuana by adults. These criminal law reforms raise the issue of whether individuals who were convicted in the past should be exonerated retroactively by way of pardons or clemency. Consequently, many past marijuana offenders remain in state prisons for committing acts that are no longer deemed illegal in many states. Furthermore, these prisoners, as well as persons who were formerly accused or imprisoned, suffer from the stigma and negative collateral consequences of their alleged criminality. In response to these injustices, many governors …

Implicit Bias Training Standards In Health Care: Did Michigan Get It Right? A Policy And Ethical Framework Analysis, Megan Gailliard, Kieran Fogarty, Mary Lagerwey

The Open Journal of Occupational Therapy

In 2022, Michigan joined a handful of states requiring implicit bias training for its health care professionals. In its ideal application, implicit bias training of health care professionals will result in a reduction of the implicit biases held by health care providers. This bias reduction will, in theory, contribute to improved equity in the delivery of health care services. Ultimately, the less biased health professional, now delivering health care services with a more equitable hand, will help reduce health disparities in the State of Michigan.

This analysis of Mich. Admin. Code R.338.7004 - Implicit bias training standards for licensed and …

Professor Cindy Williams Joins Global Future Councils At The World Economic Forum In Dubai, Maurer School Of Law - Indiana University

Keep Up With the Latest News from the Law School (blog)

Indiana University Maurer School of Law Professor Cindy Williams is representing the school this week at the World Economic Forum’s Global Future Councils (GFC) Annual Meeting in Dubai.

As a member of the GFC on Climate Change and Nature Loss, Professor Williams is contributing to discussions that frame environmental challenges as key financial risks and opportunities for companies. Her work focuses on how innovative finance can be harnessed to restore nature and build economic resilience worldwide.

The Power Of ‘Net Zero’: Seductive Dispossession On The Critical Minerals Frontier, Dayna Scott

Articles & Book Chapters

This article draws on insights gained from many years of community-engaged work alongside Neskantaga First Nation, a small remote Anishinaabe community in Treaty No.9, whose Indigenous homelands are being pressured by the global thirst for critical minerals. In line with recent writing on 'green extractivism', I detail how mining's new legitimacy in the boreal peatlands of the far north of Ontario, Canada, gained strength over the past decade from a pitch that associates it with battery metals for electric vehicles, and thus the transition to a 'net-zero' economy. The seduction obscures the social and ecological destruction that mining entails, and …

Arbitrary Detention Powers And Section 1 Of The Charter: Two Critical Blind Spots In Luamba, François Tanguay-Renaud

All Papers

In the 2022 case of Luamba c Procureur général du Québec, the Superior Court of Quebec held that a police power to conduct roving random stop of motorists for the purpose of checking for traffic offences infringed ss 9 and 15 of the Canadian Charter in ways that were not saved under s 1. This decision was upheld by the Court of Appeal (“QCCA”) and the Supreme Court (“SCC”) has now granted leave to appeal to the AG Quebec.

In this comment, I seek expose two blind spots in the s 1 analysis carried out by lower courts: (1) …

Front Matter, Editors Of Osgoode Hall Law Journal

Osgoode Hall Law Journal

Volume 62, Number 1

Finessing A Medical Expert’S Qualifications: From Professional Communities’ Boundaries To Personal Character, Patrick Garon-Sayegh

Osgoode Hall Law Journal

This article examines the kinds of arguments that can be made in debates regarding whether or not an expert is properly qualified to critique the work or opinions of another expert. Since these debates routinely occur in both legal and political arenas, a more fine-tuned sense of their argumentative dynamics can be fruitful for reasoning through them. This article is built around the analysis of a decision which concerned the admissibility of a physician’s testimony on the medical standard of care in a malpractice case. A detailed parsing of the arguments in that decision lays the groundwork for a theoretical …

Against Settlement In Transnational Business And Human Rights Litigation, Hassan M. Ahmad

Osgoode Hall Law Journal

In “Against Settlement,” Owen Fiss argued that settlement may not always be the optimal result of civil suits, particularly those that involve novel or ambiguous areas of law or ostensible power imbalances. That work spurred a range of scholarship around the merits and demerits of settlement. And although the settlement versus litigation debate is now almost four decades old, its currency persists in common law systems in which courts are, at times, called upon to expand or even re-envision doctrines or procedural rules. This article revisits that debate. It applies “Against Settlement” to transnational business and human rights litigation that …

Libel Via Language Models, Peter Wills

Osgoode Hall Law Journal

This article explains how developers and users of large language models (LMs) may be treated by English and Canadian libel law. LMs could be economically significant, and the liability environment they exist in will affect where they are developed, who accumulates wealth from their development, and who bears the burdens of any negative consequences of their development. Understanding the existing liability environment allows both developers and policy makers to make informed decisions—about which jurisdiction to offer services and what to prioritise, for the former, and about whether the existing law serves desired policy ends, for the latter. LMs also raise …

Doing Away With Racial Profiling In Policing Without Doing Away With The Rule Of Law, François Tanguay-Renaud

Osgoode Hall Law Journal

Since the turn of the millennium, Canadian appellate courts have been investing increasingly systematic efforts in demystifying and curtailing racial profiling in policing. These judicial efforts have so far been focused on the application of the legal criteria for arrest and detention as well as their regulation under section 9 of the Canadian Charter of Rights and Freedoms. In this article, I contend that this unidimensional approach is unsound and outline a corrective path forward. First, I argue that the prevailing judicial understanding of what racial profiling is and how it affects the lawfulness of arrests and detentions has the …

The Law Of Racial Profiling, Terry Skolnik, Jeanne Mayrand-Thibert, Fernando Belton

Osgoode Hall Law Journal

Racial profiling is one of the most enduring problems in policing. Yet it remains largely under-theorized, which generates important theoretical and practical implications. Racial profiling tends to be construed as an arbitrary detention rather than a form of unconstitutional discrimination. For this reason, the section 15 Charter right to equality plays little to no role in most leading cases on racial profiling. The legal framework that governs racial profiling lacks clarity and can be applied inconsistently. And the remedial landscape associated with racial profiling claims has evolved minimally. This article advances a novel approach to racial profiling that addresses these …

Disambiguating The Wrongs Of Racial Profiling In Policing And Championing Their Structural Remediation: A Reply, François Tanguay-Renaud

Osgoode Hall Law Journal

CANADIAN LAW JOURNALS have never been known for going out of their way to facilitate direct conversations between legal scholars working on cognate issues. However, if there is anything to the old liberal adage that the truth is more likely to emerge from the civil yet robust debating of competing ideas, the lack of opportunities for holders of rival views to respond, in real time, to each other’s arguments is deplorable. Therefore, I wish to commend the Osgoode Hall Law Journal for convening this timely scholarly exchange on the problematic phenomenon of racial profiling in Canadian policing and, more specifically, …

Crim-Eviction: Eviction And Social Control At A Residential Tenancies Tribunal, Sarah Buhler

Osgoode Hall Law Journal

Because eviction from rental housing can lead to highly negative outcomes, including homelessness, trauma, neighbourhood instability, and deepening inequities, it is important to understand the reasoning processes employed by tribunals when they wield the power of eviction. This article conducts a critical reading of decisions of the Office of Residential Tenancies, Saskatchewan’s residential tenancies tribunal, that deal specifically with urgent landlord applications for immediate eviction based on tenant behaviours that are alleged to be criminal, illegal, frightening, or dangerous. Coining the term “crim-eviction” to help describe this category of decisions, the article identifies that residential tenancies tribunals like the Office …

Racial Profiling And The Rule Of Law: A Reply, Terry Skolnik, Jeanne Mayrand-Thibert, Fernando Belton

Osgoode Hall Law Journal

THIS VOLUME OF THE OSGOODE HALL LAW JOURNAL (OHLJ) contains two articles—and two replies—that explore racial profiling and the law. This academic exchange comes at a crucial moment. In Attorney General of Québec v Luamba (“Luamba”), the Court of Appeal of Quebec affirmed that the statutory police power to conduct roving traffic stops is unconstitutional because it results in arbitrary detentions and unconstitutional discrimination, neither of which were justifiable in a free and democratic society.

Sex Discrimination, Assimilation, And Austerity: The Untold Story Of Canada’S Indian Act, 1975-1985, Genevieve Renard Painter

Osgoode Hall Law Journal

This article is about the misunderstood history of a Canadian law for determining Indian status, the decades-long struggle to remedy sex discrimination in the law, and the significance of judges writing history. Since before Canada’s confederation until amendments to the Indian Act in 1985, Indian women, unlike Indian men, lost their Indian status if they married non-Indians. Even with the 1985 amendments, the law still disadvantaged people who traced their Indian status along the female line. Facing a challenge to the law based on sex discrimination, the government argued that the enduring disadvantage to women was the only way to …

Reckoning With Queer History: The Canadian “Lgbt Purge” Case And The Limits Of Forgiveness, Daniel Del Gobbo

Osgoode Hall Law Journal

The Canadian government has a long history of regulation, exploitation, and violence against lesbian, gay, bisexual, trans, queer, and two-spirit (LGBTQ2S+) people. One of the most painful chapters in this history is the “LGBT Purge,” a term that refers to the expulsion of LGBTQ2S+ service members and employees from the Canadian Armed Forces, Royal Canadian Mounted Police, and Federal Public Service between 1955 and 1992. The LGBT Purge was the subject of a class action lawsuit filed in 2017 that resulted in a settlement agreement in 2018. On a parallel track to the settlement, Prime Minister Justin Trudeau issued a …

Learning About Stability Of Risk Preferences, Levon Barseghyan, Francesca Molinari, Joshua C. Teitelbaum

Georgetown Law Faculty Publications and Other Works

Classical theories posit that risk preferences are stable across decision contexts. Two branches of empirical literature assess this claim. Structural approaches examine within-person consistency of model-based estimates of risk aversion, while “model-free” approaches examine within-person correlations of risky choices. We elucidate the latent structure underlying the model-free approach. Using this structure, we develop a new approach to assessing preference stability that has stronger testable implications, and we partially identify features of stability and heterogeneity of risk preferences. Our study illustrates a general principle: partial identification through minimal assumptions grounded in economic theory robustly bridges fully structural and model-free methods.