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Full-Text Articles in Law

Surrey's Silence: Subpart F And The Swiss Subsidiary Tax That Never Was, Steven Dean Jan 2023

Surrey's Silence: Subpart F And The Swiss Subsidiary Tax That Never Was, Steven Dean

Faculty Scholarship

Was Stanley Surrey racist? Was he a coward for not speaking as plainly about the Swiss tax haven problem in public as the Surrey Papers reveal his team did in private? In the broad sweep of history Surrey’s silence may have mattered a great deal or it may have mattered very little. The quiet aspect of the Liberia problem that it highlights undoubtedly does. Exploiting the public’s misunderstanding of the term tax haven as Surrey quickly learned to do has become second nature to scholars and policymakers alike. No less powerful than the loud aspect of the Liberia problem, the …


Colonizing Queerness, Jeremiah A. Ho Jan 2023

Colonizing Queerness, Jeremiah A. Ho

All Faculty Scholarship

This Article investigates how and why the cultural script of inequality persists for queer identities despite major legal advancements such as marriage, anti-discrimination, and employment protections. By regarding LGBTQ legal advancements as part of the American settler colonial project, I conclude that such victories are not liberatory or empowering but are attempts at colonizing queer identities. American settler colonialism’s structural promotion of a normative sexuality illustrates how our settler colonialist legacy is not just a race project (as settler colonialism is most widely studied) but also a race-gender-sexuality project. Even in apparent strokes of progress, American settler colonialism’s eliminationist motives …


The Dream Of Property: Law And Environment In William T. Vollmann’S Dying Grass And Leslie Marmon Silko’S Almanac Of The Dead, Ted Hamilton Dec 2022

The Dream Of Property: Law And Environment In William T. Vollmann’S Dying Grass And Leslie Marmon Silko’S Almanac Of The Dead, Ted Hamilton

Faculty Journal Articles

This article describes how the law inflects the narration of environmental conflict in William T. Vollmann’s Dying Grass (2015) and Leslie Marmon Silko’s Almanac of the Dead (1991). By focusing on the legal common sense of settler colonialism—its emphasis on private property in land and its subjugation of Indigenous peoples to the guardianship of the state—the article explores the ways in which Vollmann’s and Silko’s novels present counternarratives to the law’s story of justified conquest. Combining a law and literature approach with ecocriticism, this article highlights the importance of the legal imagination in defining human-land relations in the United States. …


Wild Legalities: Animals And Settler Colonialism In Palestine/Israel, Irus Braverman May 2021

Wild Legalities: Animals And Settler Colonialism In Palestine/Israel, Irus Braverman

Journal Articles

This article examines the underlying biopolitical premises of wildlife management in Palestine/Israel that make, remake, and unmake this region's settler colonial landscape. Drawing on interviews with Israeli nature officials and observations of their work, the article tells several animal stories that illuminate the hierarchies and slippages between wild and domestic, nature and culture, native and settler, and human and nonhuman life in Palestine/Israel. Animal bodies are especially apt technologies of settler colonialism, I show here. They naturalize and normalize settler modes of existence, while criminalizing native livelihoods and relations. Utilizing the terra nullius doctrine, creating biblical landscapes by reintroducing extirpated …


Environmental Justice, Settler Colonialism, And More-Than-Humans In The Occupied West Bank: An Introduction, Irus Braverman Mar 2021

Environmental Justice, Settler Colonialism, And More-Than-Humans In The Occupied West Bank: An Introduction, Irus Braverman

Journal Articles

Our special issue provides a first-of-its kind attempt to examine environmental injustices in the occupied West Bank through interdisciplinary perspectives, pointing to the broader settler colonial and neoliberal contexts within which they occur and to their more-than-human implications. Specifically, we seek to understand what environmental justice—a movement originating from, and rooted in, the United States—means in the context of Palestine/Israel. Moving beyond the settler-native dialectic, we draw attention to the more-than-human flows that occur in the region—which include water, air, waste, cement, trees, donkeys, watermelons, and insects—to consider the dynamic, and often gradational, meanings of frontier, enclosure, and Indigeneity in …


U.S. Settler Colonialism, White Supremacy, And The Racially Disparate Impacts Of Covid-19, Monika Batra Kashyap Nov 2020

U.S. Settler Colonialism, White Supremacy, And The Racially Disparate Impacts Of Covid-19, Monika Batra Kashyap

Faculty Articles

This Essay contextualizes the racially disproportionate impacts of COVID-19 in the United States within a framework of settler colonialism in order to broaden the understanding of how structural inequality is produced, imposed, and maintained. A settler colonialism framework recognizes that the United States is a present-day settler colonial society whose laws, institutions and systems of governance continue to reenact the three processes upon which the United States was built—Indigenous elimination, anti-Black racism, and immigrant exploitation. This Essay connects these foundational processes—and their underlying White supremacist logics—to the disparate health impacts of COVID-19 on Indigenous, Black, and immigrant of color communities …


Trials Of Belonging: Indigenous Peoples' Struggle With Law And Power In Twentieth-Century North America, Kevin Thomas Guay Jan 2020

Trials Of Belonging: Indigenous Peoples' Struggle With Law And Power In Twentieth-Century North America, Kevin Thomas Guay

Open Access Theses & Dissertations

Spanning multiple fields of scholarly inquiry, the bulk of this study concerns itself with competing notions of sovereignty, citizenship, boundary-making, and belonging in twentieth and twenty-first century Indigenous North America. Situated at the productive confluence of Borderlands history, Native American and Indigenous Studies, Critical Legal Studies, and Immigration history, this Dissertation analyzes the numerous treaties, codes, edicts, bylaws and other expressions of settler colonial jurisprudence that penetrated the everyday lives of Indigenous peoples across North America. These statutes-designed to limit Native power, dissolve Indigenous cultural identity, and strip tribal peoples of their landholdings and personhood-constituted an ongoing settler colonial project …


Bds & Political Theory Critical Exchange.Pdf, C. Heike Schotten, William Clare Roberts Dec 2018

Bds & Political Theory Critical Exchange.Pdf, C. Heike Schotten, William Clare Roberts

C. Heike Schotten

A Critical Exchange discussing the importance of academic boycott of Israel for political theory and as political praxis.


The Politics Of Wounds, Jonathan Nash Aug 2018

The Politics Of Wounds, Jonathan Nash

Electronic Thesis and Dissertation Repository

What configuration of strategies and discourses enable the white male and settler body politic to render itself as simultaneously wounded and invulnerable? I contextualize this question by reading the discursive continuities between Euro-America’s War on Terror post-9/11 and Algeria’s War for Independence. By interrogating political-philosophical responses to September 11, 2001 beside American rhetoric of a wounded nation, I argue that white nationalism, as a mode of settler colonialism, appropriates the discourses of political wounding to imagine and legitimize a narrative of white hurt and white victimhood; in effect, reproducing and hardening the borders of the nation-state. Additionally, by turning to …


State Conservation As Settler Colonial Governance At Ka‘Ena Point, Hawai‘I, Bianca Isaki Jul 2013

State Conservation As Settler Colonial Governance At Ka‘Ena Point, Hawai‘I, Bianca Isaki

Environmental and Earth Law Journal (EELJ)

This paper argues, by illustrating, that liberal multiculturalism and natural resources are interlinked strategies of settler colonial governance in political debates surrounding the construction of a “predator-proof” fence for conservation purposes across Native Hawaiian lands of deep cultural and historical significance at Ka`ena Point, a state wilderness park in Hawai`i. First, this paper shifts debates framed in terms of the seeming recalcitrance of Native Hawaiian cultural practitioners to recognize the necessity of natural resource management. Second, it considers how these political debates are repeated in the context of legal questions over the forms through which Native Hawaiian cultural claims may …