Law Commons^™

Things Aren't What They Seem To Be, Monsour Owolabi

Writing Beyond the Prison Living Archive

poetry

Proving Intra-Racial Discrimination In The U.S. And Canada: The Room For Making The Artificial Distinction Between Genealogical Relatedness And Race, Martin Kwan

University of Miami Inter-American Law Review

This article takes the role of the Devil’s advocate in order to question the judicial willingness to distinguish “race” from comparable notions. It suggests that, depending on the exact circumstances, a defendant can make an arguable case that the alleged intra–racial discrimination is motivated by perceived genealogical relatedness, but not because of belonging to the same “race.” Factually, the defendant claims to believe in being remotely genealogically related to the plaintiff. This is not unworthy of credence, because it is academically recognized that modern genealogy and root tracing can be an imaginative, forged exercise. Legally, this argument is supportable because …

The Law Of The Territories Of The United States In Puerto Rico, The Oldest Colony In The World, Carlos Iván Gorrín Peralta

University of Miami Inter-American Law Review

The territorial law and policy of the United States changed towards the turn of the 20th century, as territorial expansion was no longer motivated by the extension of national borders, but by geopolitical, strategic and economic objectives. The new territories acquired in the Spanish American war were different from those previously annexed. The resulting constitutional doctrine of the Insular Cases differentiated the previous incorporated territories from the new unincorporated territories, which were not destined to be part of the U.S. nor to be admitted as new states. Despite purported changes in the relation with the United States in 1950-1952, Puerto …

The United States Should Take A Page Out Of Canadian Law When It Comes To Privacy, Genetic And Otherwise, Ashley Rahaim

University of Miami Inter-American Law Review

Genetic information is intimate and telling data warranting privacy in public and private realms. The privacy protections offered in the United States and Canada vastly differ when it comes to genetic privacy. Search and seizure law mirrors the privacy gap in the countries, as well as their treatment of DNA database information.

This note explores the foreshadowing of the creation of genetic privacy laws and their varying levels of protection based on the way private information was treated by state actors through search and seizure caselaw, the creation of legal precedent, and the treatment of intimate personal data in the …

To The Court Of Last Resort: A Prosecutorial Roadmap In The Aftermath Of State Violence In Chile And Colombia, David F. Scollan

University of Miami Inter-American Law Review

A great deal of academic research and writing has been done on the most glaring examples of war crimes and crimes against humanity. But, only a small cadre of authors have endeavored to identify the ‘lower limit’ of when state action qualifies as these heinous acts. This Note strives to add to that area of legal scholarship aimed at bringing instances of in-country state perpetrated violence out from the behind the veil of sovereign police action and into the spotlight to call them what they are: crimes worthy of international condemnation and punishment. Specifically, this Note unpacks two spasms of …

Are We Atoning For Our Past Or Creating More Problems: How Covid-19 Legislative Relief Laws Are Shaping The Identities Of Indigenous Populations In North America, Samuel Kramer

University of Miami Inter-American Law Review

This student’s note will attempt to answer three questions: 1) How Canadian and American legal precedent affects the modern identity of Indigenous Populations? 2) How COVID-19 legislative relief continues to shape indigenous identities? and 3) Can a comparative study teach legislators about enacting legislation that withstands shifts in political climates?

Cuban Protests In 2021: An Opportunity To Implement Alternatives To Sanctions, Barbara Jimenez

University of Miami Inter-American Law Review

The relationship between the United States and Cuba can be described as anything but simple. In fact, it is the intricacy of the relationship that inspired this Note. A key point in the complex relationship between the United States and Cuba was the United States’ decision to impose the embargo in 1962. Since 1962, Cuba’s relationship with the United States, and its allies, changed entirely. While the embargo poses an economic sanction, the United States, throughout the years, has placed sanctions on Cuban officials as a result of human rights violations in Cuba. Broadly, sanctions target the officials and freeze …

A Reflection On Contemporary Issues Regarding The Death Penalty, Talia R. Harmon, David Taylor, Chelsea Henning

Journal of Criminal Justice and Law

The general trend in the use and application of the death penalty is an increasing movement toward abolition. This is reflected in the repeal of state death penalty laws, state moratoriums, and the reduction in executions and death sentences. The nature of the death penalty debate has also changed in the past two decades. Radelet and Borg (2000) provided an exhaustive overview of the nature of the debate surrounding capital punishment. This comment updates and reflects on some of the crucial contemporary scholarship that has been done in the following six central areas: incapacitation, deterrence, caprice and racial bias, retribution, …

Cita B. Litt, And Jack Litt, Llc, Plaintiffs / Appellants, V. Haynie & Co., David Peterson, And Daniel Baird Defendants / Appellees : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On Appeal from the Third Judicial District Court, Salt Lake County The Honorable Keith Kelly

Vincent J. Velardo, Thomas J. Rollins, Attorneys for Defendants/Appellees

John W. Mackay, Ryan W. Smith, Attorneys for Plaintiff/Appellant

The Fall And Rise Of Bengali Muslim Conciousness: Conceptualising The Identity Of The Bangla Universal, Habib Khan

Theses and Dissertations

The emergence of modern-nation states saw the end of the empirical era of exploitation and exercise of inherent racist tendencies towards the 'other'. However, the effect of that colonial system is still ever-present in the creation and governance of these newly independent states. While every new state aims to be 'modern', they adopt the international legal framework of the West as their own - a system they had initially wanted to escape. The concept of Muslim universality in the form of the ummah should have freed Pakistan from the shackles of its former colonial masters. Instead, this phenomenon was replaced …

Defining Open Scholarly Infrastructure: A Review Of Relevant Literature, Saman Goudarzi, Richard Dunks

Copyright, Fair Use, Scholarly Communication, etc.

This report outlines IOI’s initial attempt towards a framework for understanding open infrastructure for research and scholarship. For this report, we examined a body of literature that includes works across the fields of anthropology, scholarly communications, international development studies, science and technology studies, and infrastructure studies. ....

This review also makes clear that the distinguishing feature between open infrastructure and its commercially-run and -operated counterparts is the fact that its value lies not just in its ability to support productive functions but how it fosters positive and desirable social practices and values. It is insufficient to simply assert certain values …

Good Newsletter June 20, 2023, Seattle University School Of Law Dean

GOOD NEWSletter

No abstract provided.

Four Maurer School Of Law Students Selected As 2023 Stevens Fellows, James Owsley Boyd

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

Four Indiana Law students have been selected as Stevens Fellows, the John Paul Stevens Foundation accounced today (June 20). Selection as a Stevens Fellow allows students to receive critical financial support while participating in unpaid summer legal internships serving the public interest.

Named after the late U.S. Supreme Court Justice, the John Paul Stevens Foundation is dedicated to promoting public interest and social justice values in the next generation of American lawyers.

Reviving The Transit Pipeline Treaty Of 1977: How A Michigan Pipeline Could Bring The Us And Canada To Arbitration, Megan Geuss

Arbitration Law Review (2009 - Present)

No abstract provided.

Brigham City Corporation, Third-Party Defendant / Appellant, V. Paul B. Bywater, Third-Party Plaintiff / Appellee : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

No abstract provided.

Sexual Assault Of Women And Adolescent Girls With Mental Disabilities, Janine Benedet, Isabel Grant

All Faculty Publications

This Report considers the research that addresses the sexual assault of women (age 18+) and adolescent girls (12-17) with mental disabilities (disabilities that affect cognition and decision-making, including intellectual disabilities present from birth, dementia, brain injury and certain psychiatric conditions.) These victims are targeted for sexual violence at rates even higher than for women generally. Yet when these women report abuse to authorities, the criminal trial process struggles to provide them with justice, while the consequences of disclosure can be severe and participation in the criminal justice process particularly traumatizing for them.

Phr & Clihhr Submission To Sgbc Policy (June 2023), Physicians For Human Rights (Phr), Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

CLIHHR Reports & Policy Submissions

This report was submitted by the Cardozo Law Institute in Holocaust and Human Rights (CLIHHR) and Physicians for Human Rights (PHR) in June 2023 as part of the consultation process for the United Nations' policy on addressing sexual and gender-based crimes (SGBC). It offers legal analysis and strategic recommendations to strengthen accountability mechanisms for SGBC under international criminal law. The submission reflects CLIHHR’s ongoing work in advancing human rights and justice for marginalized and vulnerable populations.

The Borders Of Responsibility, The Democratic Intellect, And Other Elephants In The Room, Liam Mchugh-Russell

Dalhousie Law Journal

What can André Zucca’s photos, taken during the Nazi occupation of Paris, tell us about the law to come or the challenges it will pose to lawyers, legal scholars and legal educators? In short: Zucca’s photos serve not just as a cipher for a past in need of reckoning but as a caution about abiding a present in which crisis is always just out of frame. In the throes of slow-motion apocalypse, what should an intellectual be? And for whom? In 80 years, when someone is rifling through an attic shoebox of our history, will we appear like the subjects …

Fifty Years Of Taking Exception To Human Exceptionalism: The Feminist-Inspired Theoretical Diversification Of Animal Law Amidst Enduring Themes, Maneesha Deckha

Dalhousie Law Journal

In this article, I attend to the scholarly interventions over the last fifty years that engage with the question of what general subjectivity or protective model the law should apply to animals to combat anthropocentrism and effect widespread positive change for animals. I call this field “animal rights law.” The article demonstrates the theoretical diversity and related richness of this scholarship, making three contributions. Most notably, it highlights the prominence of feminist theory to the development of animal rights law. This more recent feminist-inspired work has attempted to bypass the personhood-property debate from earlier decades through theorizing alternative or supplementary …

First In Time: The Place Of Tribes In Governing The Colorado River System, Matthew Mckinney, Jay Weiner, Daryl Vigil

Natural Resources Journal

Native Americans are the first inhabitants of the Colorado River Basin and have relied on its water and other resources since time immemorial. However, tribes were not involved in the shaping the Colorado River Compact and its governing institutions, and they have faced uphill battles to secure, protect, and develop their water rights—including the ability to acquire access to clean water for their members. This article begins by explaining the historic role of tribes in governing the Colorado River system. It then reviews ongoing efforts to better integrate tribal needs, interests, and priorities into management decisions, and to support opportunities …

From Austin To Santa Fe: Exploring The Prosecution Of Environmental Crimes Within Epa Region 6, Dr. Joshua Ozymy, Dr. Melissa Jarrell Ozymy

Natural Resources Journal

Criminal violations of environmental law are prosecuted by EPA and DOJ. Despite decades of such prosecutions, there has been relatively little analysis done towards understanding existing patterns in criminal prosecution of environmental crimes, especially on a regional basis. This article analyzes the 287 prosecutions which occurred in EPA Region 6 between 1983–2022, out of the 2,807 total environmental crimes prosecuted by all of EPA during that period. In the selected cases, defendants were cumulatively assessed with over $908 million in monetary penalties, 225 years of incarceration, and 1,032 years of probation. At 43 percent of the selected prosecutions, water pollution …

Case Note: Up In The Air: Environment Texas And The New Violation-Based Approach To Determining Standing In Environmental Citizen Suits, Noah T. Allaire

Natural Resources Journal

No abstract provided.

Case Note: Mind The (Federal) Gap: Nuisance Claims In The Tenth Circuit To Address Climate Change, Serafina Seluja

Natural Resources Journal

No abstract provided.

Tackling Oci & 2023 Corporate Recruiting, Cardozo Environmental Law Society

2022–2023 Flyers

No abstract provided.

Ndls Communicator: Week Of 06.19.23, Notre Dame Law School

NDLS Communicator

The Latest News

• ‘Off the Court’: ND Law hosts event in New York City with Muffet McGraw and Coquese Washington ’97 J.D.
• Notre Dame Law School announce the highest academic honors for the Class of 2023
• ND Law alumna Lenora Popken ’20 J.D. joins the Law School’s Exoneration Justice Clinic as legal fellow
• Three members of the Notre Dame Law School faculty — A.J. Bellia, Samuel Bray, and Nell Jessup Newton — were cited in Supreme Court opinions issued yesterday.
• Paul Miller has published a new paper, "Formalism, Legality, and the Rule of Law.," the latest chapter in a series …

Len Riskin Pulls It All Together In Managing Conflict Mindfully, John Lande

Faculty Blogs

This post describes Len Riskin’s impressive career and summarizes themes in his book, Managing Conflict Mindfully: Don’t Believe Everything You Think. He argues that people can wisely manage conflict by learning to use and integrate three sets of ideas and techniques – negotiation, mindfulness, and internal family systems (IFS). You can think of IFS as the conversation or negotiation between different voices in our heads. Rather than conceiving people as having only a single “unitary” self, IFS recognizes the “multiplicity” of our selves.

A Handmaid’S Tale: Amy Coney Barrett, Originalism, And The Specter Of Religion, Calvin R. Coker, Joel L. Reed

Faculty and Staff Scholarship

In this essay, we analyze the Supreme Court confirmation hearings of Amy Coney Barrett to identify and explain the interaction between religion and jurisprudential philosophy. By tracing rhetorical scholarship on religion, politics, and the Supreme Court, we highlight tension engendered by both the members of the Senate Judiciary Committee and Barrett herself in locating her Catholicism as a desirable attribute for a nominee while at the same time espousing the importance of judicial objectivity. We suggest Barrett and her supporters on the committee invoked the judicial philosophy of originalism to allay this tension while occluding conversations about Barrett’s prior ideological …

Identity Boundaries Construction And Its Effects On Vulnerability In The Case Of A Historically Marginalized People (Hmp) In Rwanda: An Examination Of Their Access To Human Rights., Jean Baptiste Ndikubwimana, Kathleen A. Anangwe, Oriare Oriare Nyarwath, Mwimali Jack, Charles Mulinda Kabwete

Journal of African Conflicts and Peace Studies

This paper contextualises the vulnerability of a Historically Marginalized people (HMP) referred to as the Batwa to explain how their moral inferiority resulting from the constructed microaggressions and attitudinal prejudices, jeopardize their full enjoyment and appreciation of human rights. The dilemmas experienced by the Batwa in Rwanda have until recently received little theoretical and empirical attention thereby disregarding ontological and epistemological distinction. This paper contributes to this lacuna by reviewing colonial discourse of histories and hegemonies and investigating ethnic socio-cultural practices and other mythical tales. The foregoing indicates a genuine need for the application of human rights approach to recognize …

Cardozo Law News Brief: June 16, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Dmytro Vovk
• Deborah Pearlstein
• Kate Shaw
• Edward Zelinsky
• Pamela Foohey
• Michael Herz
• Lindsay Nash
• Michel Rosenfeld
• Stewart Sterk

Seeing Race As We Are: Avoiding, Arguing, Aspiring, Michael A. Cowan

New England Journal of Public Policy

Racial conflict in the United States pushes people to positions of argument or avoidance, more or less intensely and for varying lengths of time, depending on external events like the murder of George Floyd. Neither stance produces the conversations required to seek common ground and compromise around racial issues. Argument alone deepens divisions and avoidance leaves them to metastasize in the social body. In an attempt to go beneath these two positions, this article first explains the role and form of interpretation in all conflict and dispute resolution and how it is shaped. Then it examines the concepts and strategies …