Law Commons^™

2024 Annual Report, Children's Advocacy Institute, University Of San Diego School Of Law

CAI Annual Reports

No abstract provided.

Upstream Lawyering: A Framework For Poverty Law, Kate Mitchell

Faculty Publications & Other Works

This Article introduces an upstream lawyering framework within the context of the history of poverty law and impact lawyering. While there have been several theories promoting systems change work, the upstream framework, stemming from public health theories and championed by medical-legal partnerships, offers a model for promoting and informing systemic policy. Using the public health concept of upstreaming, this Article explores lawyering practices that can be utilized to address the root causes of social and legal drivers of health inequity, poverty, and oppression. Part I of this Article provides a refreshed overview of the history of poverty law and civil …

Racial Capitalism, Climate Change, And Ecocide, Carmen G. Gonzalez

Faculty Publications & Other Works

Lawyers, scholars, and activists have long sought to incorporate ecocide into the Rome Statute of the International Criminal Court to address corporate and governmental impunity for massive and severe ecological damage, including the harms caused by climate change. This Article uses the framework of racial capitalism to examine and critique the proposed criminalization of ecocide. Coined by South African scholars and activists and refined by political theorist Cedric Robinson, the theory of racial capitalism offers valuable insights on the root causes of the climate crisis and the manifold injustices it inflicts on marginalized states and peoples. While most discussions of …

Financing Climate Change Through A Racial Capitalism Lens, James T. Gathii

Faculty Publications & Other Works

In this Essay, I argue that the climate crisis has provided the global finance industry an opportunity to make exorbitant profits from majority Black and Brown countries in the Global South. I show how the global finance industry is leveraging its muscle over climate-vulnerable and heavily indebted countries in the Global South through complex financial transactions. These transactions commodify nature and the biodiversity resources of these Global South countries. In return, these Global South countries borrow capital to address the climate crisis and to pay off their debts. This borrowing that invariably comes at high interest rates, especially through bond …

A Primer To Combat Sex Trafficking, Blanche Bong Cook

Faculty Publications & Other Works

No abstract provided.

The Ontological Expansiveness Of “Parental Rights” Rhetoric In K–12 Public Schools, Sacha M. Coupet, Kai Scott

Faculty Publications & Other Works

No abstract provided.

Passing The Buck: The Perils Of Oklahoma V. Castro-Huerta, Adam Crepelle, Timothy Purdon, Brendan Johnson

Faculty Publications & Other Works

The Supreme Court's 2022 decision in Oklahoma v. Castro-Huerta upended federal Indian law by allowing states to prosecute crimes involving Indians committed in Indian country. Castro-Huerta created a concurrent jurisdiction over Indian country crimes involving non-Indians. While concurrent jurisdiction increases the number of law enforcement agents with jurisdiction, it also creates opportunities for those law enforcement agents to shirk responsibility. Neither state nor federal law enforcement is accountable to tribes, so Castro-Huerta is likely to create a pass the buck mentality among non-Indian law enforcement. Moreover, there is little to indicate expanding state authority over tribes will benefit Indians. In …

Tribes And Ai: Possibilities For Tribal Sovereignty, Adam Crepelle

Faculty Publications & Other Works

Artificial Intelligence (AI) has permeated every facet of modern existence. Governments across the globe are exploring its applications and attempting to establish regulatory frameworks. Numerous scholars have proffered recommendations for governing AI at the local, national, and international levels. However, as is often the case, Indian tribes have been neglected in AI policy discussions. This oversight is significant because the 574federally recognized tribes are sovereigns with their own judicial, education, and healthcare systems. Due to their relatively small populations and geographic isolation, tribes stand to benefit significantly from the services AI can perform. Moreover, tribes are uniquely well suited to …

Tribal Law: It's Not That Scary, Adam Crepelle

Faculty Publications & Other Works

Tribal law is often presented in a negative light. Indeed, the Supreme Court's skepticism about tribal law has resulted in severe limitations on tribal jurisdiction. This Article challenges perceptions of tribal law by surveying tribal law. While tribal law does rely on tribal customs, tribal law is largely consistent with mainstream American law. Tribal laws are often modeled on state codes or the Restatement.

This Article contends tribal law mirrors western law for two primary reasons-efficiency and legitimacy. Regarding efficiency, borrowing a western law is easier than creating a law from scratch; plus, many laws are common across cultures. A …

Finding Our Way: Teaching Legislative Advocacy Clinics, Anita Weinberg, Elizabeth B. Cooper

Faculty Publications & Other Works

Legislative advocacy clinics are excellent vehicles for teaching lawyering skills, for achieving broad-based social change, and for imparting to law students the important roles they can play in preserving and strengthening our democracy. Notwithstanding their growth over the last 15 years, there has been little scholarly reflection about the pedagogy of teaching such clinics. This Article helps to fill this gap. We provide a roadmap through the challenges that come with teaching legislative advocacy clinics-some inherent to working within legislative bodies and some that accompany working with organizational clients and advocacy partners-identifying ways that clinicians can ensure an excellent learning …

Child Welfare, Reasonable Efforts, And Covid-19, Anita Weinberg, Lilia Valdez

Faculty Publications & Other Works

Article 19 of the United Nations Convention on the Rights of the Child (CRC) requires governments to protect children from all forms of violence, including violence in the home. At the same time, Articles 3 and 5 obligate states to respect the rights and duties of parents to care for and make decisions on behalf of their children. Although the United States is not a signatory to the CRC, federal law also seeks to strike a balance between protecting children from harm by family members and recognizing the constitutional rights of parents to direct the care, control, and upbringing of …

Antitrust And Pop Culture Iii: Direct To Streaming, Spencer Weber Waller

Faculty Publications & Other Works

When you reach the third in a series of movies, it usually signals a dramatic decline in quality. It is also the time when you notice that the star in the series goes from being someone recognizable, like John Cena, to someone whose real name you can't remember, but vaguely recall was a professional wrestler, reality tv star, or both. So it is with great trepidation that I return for one final edition of Antitrust and Pop Culture 3 before returning to my current and long overdue book project on competition and collusion in the American theatre. But first, some …

Freemen And The Constitution: Monstrous Decisions Of The United States Supreme Court, Allen E. Shoenberger

Faculty Publications & Other Works

No abstract provided.

The Future Of Health Care Conscience Law Post-Dobbs, Nadia N. Sawicki

Faculty Publications & Other Works

The Supreme Court's rejection of a constitutional right to choose abortion in Dobbs v. Jackson Women's Health Organization has prompted legislatures to make significant changes to state laws. Some states have criminalized abortion in most circumstances, while others have granted patients and health care providers broader rights to choose and access abortion. Another, perhaps less-recognized, avenue for legislative change is by amending existing state conscience laws. This Article describes the avenues state legislatures might take in using conscience laws to impact abortion access in accordance with the state's policy preferences.

The Effect Of Police Quota Laws, Stephen Rushin, Griffin Sims Edwards

Faculty Publications & Other Works

This Article examines the effect of state laws restricting the use of police quotas. Police quotas describe the establishment of a predetermined number of traffic stops, citations, or arrests that officers must make within a particular time period. Some police supervisors have historically used quotas to ensure adequate productivity by officers. However, critics argue that quotas incentivize officers to engage in unnecessary, and in some cases, unconstitutional, coercive behavior. Numerous states across the country have enacted laws banning or limiting the use of police quotas.

This Article analyzes a dataset of traffic and pedestrian stops from eleven law enforcement agencies …

The Importance Of Policing, Stephen Rushin

Faculty Publications & Other Works

This Article argues that, if effectively regulated, policing represents a fundamentally important social institution that advances the community interest in public safety, justice, equality, and the rule of law.

In recent years, a significant and growing body of legal scholarship has called for the shrinking of police responsibilities, the defunding of police budgets, or the complete abolition of local police departments. A countervailing body of scholarly literature has questioned the wisdom of some of these proposals, arguing that they could unintentionally make policing worse or have unintended public safety effects.

This Article enters this debate by affirmatively defending the importance …

In Reviewing A Habeas Corpus Petition, How Much Deference Should A Federal Court Give To A State Court's Factual Findings When Examining Ineffective Assistance Claims Under Strickland V. Washington And Aedpa?, Alan Raphael, Arti Sahajpal

Faculty Publications & Other Works

No abstract provided.

Students For Fair Admissions: Affirming Affirmative Action And Shapeshifting Towards Cognitive Diversity?, Steven A. Ramirez

Faculty Publications & Other Works

The Roberts Court holds a well-earned reputation for overturning Supreme Court precedent regardless of the long-standing nature of the case. The Roberts Court knows how to overrule precedent. In Students for Fair Admissions v. Harvard (SFFA), the Court’s majority opinion never intimates that it overrules Grutter v. Bollinger, the Court’s leading opinion permitting race-based affirmative action in college admissions. Instead, the Roberts Court applied Grutter as authoritative to hold certain affirmative action programs entailing racial preferences violative of the Constitution. These programs did not provide an end point, nor did they require assessment, review, periodic expiration, or revision for greater …

‘News Reporting On Possible Origins Of The Covid-19 Pandemic: A Critical Review And Case Study’, Raya M. Fanuzzi

Undergraduate Theses, Professional Papers, and Capstone Artifacts

This project is a critical analysis of news reports that discuss the potential origins of the 'COVID-19' pandemic for the purposes of identifying themes and trends in the actual reporting. Around 500 news reports published in the U.S. were analyzed and over 100 of them were selected for the critical review. Articles were found using 'Access News Archive' and Google search engine. Original methods for analyzing and reviewing articles were developed and used. A case study is included aside from the review which focuses specifically on trends in fact-check reporting during the pandemic.

Beyond Traditional Ip: Addressing Regulatory Barriers, Cynthia M. Ho

Faculty Publications & Other Works

The chapter begins with the genesis of relevant regulatory protections and their general parameters before discussing their prevalence among countries. It then turns to discussion of proposed and actual modification of TRIPS requirements for COVID and how that intersects with these regulatory barriers. The chapter concludes with recommendations.

The Criminalization Of Mental Illness And Substance Use Disorder: Addressing The Void Between The Healthcare And Criminal Justice Systems, Emily B. Egart

Mitchell Hamline Law Review

No abstract provided.

Social Media, The Modern Public Forum: The State Action Doctrine And Resurrection Of Marsh, Erika L. Andersen

Mitchell Hamline Law Review

No abstract provided.

Fast Track To The Civil Death Penalty: Involuntary Termination Of Parental Rights And An Analysis Of The Minnesota Supreme Court's Decision In R.D.L., Ryan E. Boevers

Mitchell Hamline Law Review

No abstract provided.

When We Need Someone To Blame: Officer Suicide, Justice, And The Felony Murder Rule In The Casey White Case, Mallory Sadler

Mitchell Hamline Law Review

No abstract provided.

On The Rights Of Sentient Beings: The Case For Expanding Due Process Of Law To Non-Human Animals, John Bolliger

Mitchell Hamline Law Review

No abstract provided.

Virtual Justice: Criminalizing Avatar Sexual Assault In Metaverse Spaces, Olivia Bellini

Mitchell Hamline Law Review

No abstract provided.

Kaplan V. Independent School District Of Virginia—The Max Kaplan Story, Mike Steenson

Mitchell Hamline Law Review

No abstract provided.

Sign Here: How Parental Waivers Exceed The Bounds Of Parents' Fundamental Rights, Carissa Hansen

Mitchell Hamline Law Review

No abstract provided.

Reprieves Return: Minnesota's Decision To Awaken The Reprieve, Mary Fee, Monica Shaffer

Mitchell Hamline Law Review

No abstract provided.

Justice David Hackett Souter And The Right To Privacy, Scott P. Johnson

Mitchell Hamline Law Review

No abstract provided.