Law Commons^™

Carla The Rescuer. Produced By Kristine F. Hoover And Clement Lye; Directed By Clement Lye. In English. 2024; Color; 128 Minutes. Rescuer Productions., Mary Pat Treuthart

Journal of Hate Studies

Reviewed by Mary Pat Treuthart, Carla the Rescuer is a feature-length documentary about the life and work of Carla Peperzak, a Dutch girl whose father managed to get her Jewish identity marker removed from her identification papers after Germany invaded the Netherlands in 1940. Peperzak used her relative freedom to join the Dutch Resistance, forging documents and assisting Jews in finding hiding places. Though Carla the Rescuer focuses on Peperzak’s youthful bravery, her family only learned of it when her granddaughter asked her to speak about her wartime experiences to the child’s middle school class. Peperzak thus became a later-in-life …

The Voice Of Hind Rajab. Produced By Nadim Cheikhrouha, Odessa Rae, And James Wilson; Directed By Kaouther Ben Hania. In Arabic. 2025; Color; 89 Minutes. A Mime Films And Tanit Films Production, Distributed By Jour2fête, Amahl Bishara

Journal of Hate Studies

Anthropologist Amahl Bishara reviews the film The Voice of Hind Rajab, which was nominated for Best International Feature Film at the 98th Academy Awards. The docudrama tells the true story of a young Palestinian child whose family car is attacked by Israeli soldiers while the family attempts to evacuate from their town in northern Gaza. Trapped in the car with her five deceased loved ones, little Hind is the object of an attempted—and eventually failed--rescue by the Red Crescent Society. Using real footage, The Voice of Hind Rajab tells not the story of one child’s final hours but of …

Sharing Their Journey: A Conversation With Aziz Abu Sarah And Maoz Inon, Laura Morlock

Journal of Hate Studies

Aziz Abu Sarah and Maoz Inon, a Palestinian and an Israeli, have both lost loved ones to violence. Together, they advocate for peace. Interviewer Laura Morlock speaks with them about their shared journey, including the difficulties they face, how they handle criticism, and the validity of anger.

Antiracism As Daily Practice: Refuse Shame, Change White Communities, And Help Create A Just World, By Jennifer Harvey. St. Martin’S Press, 2024. 284 Pages. $229.00. Isbn 978-1250286703., Regina Shands Stoltzfus

Journal of Hate Studies

Regina Shands Stoltzfus, a scholar of peace, justice, and conflict studies, reviews Jennifer Harvey’s Antiracism as Daily Practice: Refuse Shame, Change White Communities, and Help Create a Just World, which addresses white readers directly, arguing for and providing examples of sustained, everyday antiracist actions that help them overcome shame, fear of backlash, and silence.

The Fallacies Of Racism: Understanding How Common Perceptions Uphold White Supremacy, By Jennifer Patrice Sims. Polity Press, 2024. 224 Pages. $24.95. Isbn 978-1509553488, Wanda Little Fenimore

Journal of Hate Studies

A scholar of communication, Wanda Little Fenimore reviews Jennifer Patrice Sims’ The Fallacies of Racism: Understanding How Common Perceptions Uphold White Supremacy, which examines twelve fallacies of racist thinking, divided into micro-, meso-, and macrolevel fallacies. Though these fallacies are also used to advance other biases, such classism, sexism, and ableism, Sims’ focus on race shows how fallacious thinking is not merely an individual error but part of an epistemology that upholds White supremacy.

God’S Angry Men: The Political Legacy Of The John Birch Society, By Carmen Celestini. New York: Bloomsbury Academic, 2026. 288 Pages. $108.00. Isbn 978-1666973587, Camille Kaminski Lewis

Journal of Hate Studies

Communications studies scholar Camille Kaminski Lewis reviews Carmen Celestini’s God’s Angry Men: The Political Legacy of the John Birch Society, a history of Robert Welch’s anti-Communist organization that relies on extensive archival work. God’s Angry Men focuses on the John Birch Society’s impact on politics, including the 1964 Barry Goldwater campaign, the rise of the Religious Right in the 1980s, and the Heritage Foundation’s Project 2025.

When The Hood Comes Off: Racism And Resistance In The Digital Age, By Rob Eschmann. University Of California Press, 2023. 312 Pages. $24.95. Isbn 978-0520379749, Stephanie M. Ortiz

Journal of Hate Studies

Sociologist Stephanie M. Ortiz reviews Rob Eschmann’s When the Hood Comes Off: Racism and Resistance in the Digital Age, which examines how the internet reorganizes the conditions under which racism is expressed, with a focus on higher education. This reorganization allows hate to flourish online even as racism is disavowed in public. Online and offline spaces are not disconnected, though, and digital revelations—revealed when “the hood comes off”—shape offline relationships, institutional trust, campus climate, and students’ sense of safety.

We Have Never Been Woke: The Cultural Contradictions Of A New Elite, By Musa Al-Gharbi. Princeton University Press, 2024. 432 Pages. $35.00. Isbn 978-069123260, Justin Sprague

Journal of Hate Studies

A scholar of women and gender studies, Justin Sprague reviews Musa al-Gharbi’s We Have Never Been Woke: The Cultural Contradictions of a New Elite. Focusing on four “Great Awokenings”—the Great Depression, the introduction of the GI Bill and ensuing counterculture movements of the 1960s, the financial precarity of the 1980s Reagan era, and the 2008 financial crisis and ensuing Occupy Wall Street movement—We Have Never Been Woke highlights the cyclical nature of the ideological/capitalist status quo and peels back the shiny veneer of politically “woke” and ideologically altruistic professionals to reveal how this group upholds a political economy that …

On Antisemitism: A Word In History, By Mark Mazower, Penguin Press, 2025. 274 Pages. $26.56. Isbn 978-0241722909, Beth A. Griech-Polelle

Journal of Hate Studies

Historian Beth A. Griech-Polelle reviews Mark Mazower’s On Antisemitism: A Word in History which explores how the term came emerged in Germany in the last 1800s and how its definition has changed over time and across cultures, including in the US, the USSR, and the Arab world. Mazower considers the roles of geography, Christan and antisemitic Zionism, intellectual and political antisemitism, Nazism, anti-Zionism, imperialism, conspiracy theories, and anti-Israel sentiment in shaping how people have historically understood and do today understand the concept—and how such differences in understanding frustrated efforts to end antisemitism.

All The Empty Rooms. Produced By Joshua Seftel, Conall Jones, James Costa, And Trevor Burgess; Directed By Joshua Seftel. In English. 2025; Color; 33 Minutes. A Smartypants Production, Distributed By Netflix, Christopher Strain

Journal of Hate Studies

Christopher Strain, an American studies scholar, reviews the Academy Award-winning short documentary All the Empty Rooms. Director Joshua Seftel’s film travels into the bedrooms of American children shot to death at school. Seftel visited children’s families over seven years, profiling in his film four children, ages 9 to 15, documenting the ordinariness of their childhoods before their deaths and the grief of the families they left behind.

Imagining The Possibilities: A Consideration Of Speaking Volumes: Transforming Hate, Tracy Wascom

Journal of Hate Studies

Tracy Wascom reviews Speaking Volumes: Transforming Hate, a traveling exhibit that refashions books published by a white supremacist group, the Creativity Movement, into art. Books such as The White Man’s Bible and RAHOWA: This Planet is All Ours!, written in the 1980s, were provided to the Montana Human Rights Network by a white supremacist defector. With curator Katie Knight, MHRN then invited artists to repurpose the texts into paintings, sculptures, films, and other artistic investigations of hate. Thirty-eight artists are represented in the current touring exhibit, including Enrique Chagoya, Jaune Quick-to-See Smith, Jim Riswold, Faith Ringgold, and Clarissa …

Chapter 1: Sanctions And The Shadow Fleet: Terrorism Forfeiture And Operation Economic Fury, James Kraska

International Law Studies

No abstract provided.

Patronage Pardons, Lee Kovarsky

Duke Law Journal

Abuse of presidential pardon power is taking a new and frightening turn. The Donald Trump administration is using clemency, including pardons, to signal impunity to regime allies contemplating misconduct. Such clemency has a predictable effect: it induces loyalist crime by reducing the expected penalty. "Patronage pardoning" refers to the clemency practices that power this loyalty-for-protection exchange. Those practices pose a grave threat to the rules-based constitutional order, and they are the subject of this Article.

Some historical observations predicate the diagnostic and prescriptive arguments that come later. Most importantly, the Framers concentrated federal pardon power in the president because they …

Ensuring "The Right To Live In The World": The Right To Repair Powered Wheelchairs, Maximillian J. Grahl

Duke Law Journal

Twenty-seven years ago, in Olmstead v. L.C., the Supreme Court held that improperly institutionalizing people with disabilities is a form of unlawful discrimination. In doing so, the Court acknowledged that people with disabilities have a right to live free from confinement. Yet today, repair restrictions and outdated Medicare standards combine to threaten powered-wheelchair users' ability to live out in the world. Some states have responded by passing right-to-repair laws, which require powered-wheelchair manufacturers and suppliers to provide the resources necessary for more accessible and more timely repairs. This Note analyzes these state laws in the context of previous right-to …

Private Equity For All: The Paradoxical Push To Democratize Private Markets, William W. Clayton, Elisabeth De Fontenay

Duke Law Journal

The recent push to open private equity and other private assets to retail investors represents one of the most profound changes to U.S. capital markets in decades. This "retailization" effort is often framed as an overdue democratization of superior investment opportunities. Indeed, private equity has long been viewed as special, both for its market-beating returns and its success in making companies more profitable. Yet it has historically been off-limits to retail investors.

This Article argues that the push to democratize private equity is subject to a glaring paradox: Expanding access to private equity undermines the very benefits that access aims …

To Spend Or Not To Spend: Strengthening Congressional Oversight On Executive Impoundment, Grant Scherer

Emory Law Journal Online

The [H]ouse of [R]epresentatives cannot only refuse, but they alone can propose, the supplies requisite for the support of government. . . . This power over the purse may, in fact, be regarded as the most complete and effectual weapon with which any constitution can arm the immediate representatives of the people, for obtaining a redress of every grievance, and for carrying into effect every just and salutary measure.

James Madison, Federalist No. 58[1]

While the President may initiate the annual federal budget process with his or her budget request, the Constitution confers the “power of the purse” on …

Modern Tribulations Of Modern Trials: Ai-Generated Content Of Deceased Victims At Sentencing And Family Law’S Cure From Ho’Oponopono & Restorative Justice, Ethan Michael Knoll

St. Mary's Law Journal

No abstract provided.

Scenes From An Italian Restaurant: The Difficulties, Concerns, And Effects Of Protecting Cultural Elements In Restaurant Trade Dress, Lauren Lepre

St. Mary's Law Journal

No abstract provided.

Click To Sue: Defining Receipt Of Eeoc Notices In The Digital Age, Robert J. Toth Jr.

St. Mary's Law Journal

Federal employment discrimination statutes condition a claimant’s right to sue on timely receipt of a “right-to-sue” notice from the United States Equal Employment Opportunity Commission (EEOC).  Courts have historically treated certified mail slips as sufficient to trigger a claimant’s ninety-day filing window, regardless of when the claimant opened or retrieved the letter.  In the digital era, the EEOC increasingly issues notices through email and its online Public Portal, raising questions about when electronic notice constitutes “receipt.”

This Article examines recent federal appellate court decisions—Lax v. Mayorkas, McDonald v. St. Louis University, and García-Gesualdo v. Honeywell Aerospace of Puerto Rico, …

Containing The Explosion: Proposed Tort Reform To Address Nuclear Jury Verdicts In Texas, Jax Harvey

St. Mary's Law Journal

No abstract provided.

Purging Politics: A Proposal To Remove Gerrymandering In Texas, Lauren Teske

St. Mary's Law Journal

No abstract provided.

From Conflict To Clarity: Drafting Parenting Plans Grounded In Practicality And Precision, Ariana D. Meyers

Child and Family Law Journal

No abstract provided.

Legal Orphans: Defining Who Is The Mother In Gestational Surrogacy Agreements, Emma Savoie

Child and Family Law Journal

No abstract provided.

The Legal Gaps Of Financial Sextortion In The Age Of Artificial Intelligence: Why The Take It Down Act Is Not Enough To Protect Children, Andrea Toussaint

Child and Family Law Journal

No abstract provided.

The Rippling Effects Of Lucia: How A 2018 Constitutional Violation By The Securities And Exchange Commission Continues To Affect Childhood Disability Cases Under Titles Ii And Xvi Of The Social Security Administration, Trixy Lora

Child and Family Law Journal

No abstract provided.

Legal Shifts And Judicial Inconsistencies In Strict Liability After The Omnibus Law: A Critical Analysis Of Indonesian Environmental Law For Responsible Mining And Esg Compliance, Nurul Listiyani, Khenza Atthaya Namira Yulianto

Journal of Environmental Science and Sustainable Development

The legal significance of strict liability in mining arises from the sector’s capacity to generate technically complex, diffuse, and long-latency environmental harm that is difficult to address through fault-based litigation alone. This study aims to evaluate how the post-Omnibus Law reformulation of Article 88 of Law No. 32 of 2009 has affected the doctrinal autonomy, judicial consistency, and practical enforcement of strict liability in Indonesian environmental law. The research used normative doctrinal legal research including statutory, case-law, conceptual, comparative, and evaluative analyses. The data cover the 2009–2025 period and consist of two core statutory formulations of Article 88, the Job …

From Scrolls To Algorithms: A Critical Analysis Of Generative Ai, Digital Preservation, And Ranganathan’S Normative Philosophy, Madhu K S

Book Chapters

The paper discusses the developments in human information access across three historical paradigms including physical scarcity, digital abundance, and synthetic algorithmic mediation with Generative AI. History is discussed with the philosophical aspects of Floridi’s Philosophy of Information, Christine Borgman’s Digital Scholarship Framework, and S R Ranganathan’s Normative Library Science. This conceptual paper explores the transition from finding documents to creating answers with AI it has changed human thinking and reliability on information. This transition has changed how people believe and trust the source of information. This paper looks at the material ethics regarding how commercial large language models (LLM) are …

On A Collision Course: The Twenty-First Amendment, The Dormant Commerce Clause, And Physical Presence Laws, Burke Craighead

St. Mary's Law Journal

No abstract provided.

Birch On Fetal Sentience, Claudia Passos-Ferreira

Animal Sentience

Birch proposes that human fetuses be recognized as sentience candidates from 12 weeks, on the grounds that midbrain-centered theories fall within the zone of reasonable disagreement among theories of consciousness. I raise a methodological and a policy problem for his view. Methodologically, whether the midbrain-centered view belongs within the zone is disputed, so there is no consensus about the consensus.  Furthermore, the evidence Birch discusses for 12 weeks does not actually estimate the onset of sentience; the proposed threshold tracks anatomical rather than functional onset. On policy, the US Supreme Court’s Dobbs ruling shows that fetal sentience is difficult to …

“[Y]Et Another Victory For Deal Certainty”: Chancery Court Orders Specific Performance Of “Hell-Or-High-Water” Covenant To Remedy Reluctant Acquiror’S Obstruction Of Cfius Approval Process, Robert S. Reder, Ricky Bayon-Barrera

Vanderbilt Law Review En Banc

No abstract provided.