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Articles 61 - 90 of 349
Full-Text Articles in Law and Politics
Can The Free Speech Clause Protect Transgender Expression From The Trump Administration?, Daniel Cooper
Can The Free Speech Clause Protect Transgender Expression From The Trump Administration?, Daniel Cooper
Cardozo Journal of Equal Rights & Social Justice
This Article explores how the Free Speech Clause can provide protection to speakers implicated by the Trump administration's executive orders restricting gender-related speech. Part I will provide an overview of how the Trump administration has directed executive authority to stifle gender-non-conforming identity and expression, how those efforts fit within the larger context of right-wing efforts to marginalize transgender people, and why the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution is not currently a useful tool for the protection of trans rights. Part II will examine efforts to regulate government employees' pronoun usage, focusing on whether …
The Gamification Of Banking, Colleen Baker, Christopher K. Odinet
The Gamification Of Banking, Colleen Baker, Christopher K. Odinet
Faculty Scholarship
Gamification is coming to banking. This phenomenon is already gain-ing ground in advertising, healthcare, manufacturing, and, more recently, with the GameStop and AMC meme stock saga in securities trading. The idea behind gamification is to make transactions seem fun, playful, and even casino-like in order to elicit habit-forming, addictive-like effects with consumers. This Article argues that the rise of financial technology (“fintech”) firms and their ever-growing business relationships with incumbent financial institutions has created the necessary conditions for gamification to take hold in the banking sector. In order to explore this observation, we undertake a study of current examples of …
The Sec Proposed Cybersecurity Infrastructure Rules And New Disclosure Requirements, Neal F. Newman, Lawrence J. Trautman, Brian Elzweig
The Sec Proposed Cybersecurity Infrastructure Rules And New Disclosure Requirements, Neal F. Newman, Lawrence J. Trautman, Brian Elzweig
Faculty Scholarship
In addition to regulation of securities market issuers, the Securities & Exchange Commission (SEC) is also responsible for regulation of those entities that provide the networks, either electronic or physical, that enable the functioning of our securities markets. On February 9, 2022, the Commission published a Release for Cybersecurity Risk Management for Investment Advisers, Registered Investment Companies, and Business Development Companies containing proposals that, if adopted, would establish a new cybersecurity incident reporting and disclosure regime and require registered investment advisers (“advisers”) and investment companies (“funds”) to implement policies and procedures designed to address cyber risks. The comment period for …
Traditional And Computational Canons, Eric H. Martinez
Traditional And Computational Canons, Eric H. Martinez
Faculty Scholarship
As part of the rise of modern textualism, dictionaries and linguistic canons have become a ubiquitous part of legal interpretation. One longstanding question is whether judges citing these tools sincerely attempt to follow the meaning of a text, or if their invocation is merely window-dressing for a preferred outcome. The practical significance of this question extends across all major doctrinal areas, and with the Supreme Court’s overturning of Chevron deference, its importance is only to grow, as courts are now instructed to use every tool at their disposal to resolve ambiguity when interpreting a law. This Article is the first …
Security And Terrorism Vs Free Expression: Analytical Study On The European Court Of Human Rights, Mariam Adel Massoud
Security And Terrorism Vs Free Expression: Analytical Study On The European Court Of Human Rights, Mariam Adel Massoud
Theses and Dissertations
The 11 of September attacks provide a paradigm shift when it comes to protection of national security. It results in a trending vision that prioritized security over national security, which makes it essential to think about balancing national security with free expression as a pillar of democratization. This study focusses on how the balance between freedom of expression and national security interests is achieved. It studies the legal approached of the European court of human rights and its legal assessment to strike this balance. The findings of this analytical study asserts that in order for the ECtHR to achieve this …
Beyond Personal Responsibility: Government Support For The Substantive Human Condition, Martha T. Mccluskey
Beyond Personal Responsibility: Government Support For The Substantive Human Condition, Martha T. Mccluskey
Contributions to Books
Government protection against systemic harm to human well-being is stymied by the liberal idea that power is most legitimately wielded by autonomous individuals taking personal responsibility for their substantive well-being. Instead, a robust vision of democracy and socioeconomic justice requires grounding legitimate power in institutional responsibility, replacing the formal individual actor of liberal theory with the universally embodied, embedded human subject developed in Martha Fineman’s Vulnerability Theory. This chapter connects the message of personal responsibility in neoliberal US welfare reform policies to rationales defending the government’s failure to alleviate systemic human harm in the 2008 financial crisis and the accelerating …
The Political Theories Of The Legal Realists, Dan Priel
The Political Theories Of The Legal Realists, Dan Priel
All Papers
A popular view about the legal realists is that, either knowingly or inadvertently, they advanced ideas inconsistent with traditional values, democracy, and the rule of law. Another view about them suggested that the realists had no political theory: they only offered a descriptive (empirical) theory of adjudication, albeit one that has normatively “quietist” implications. In this essay, I challenge both views. I argue that there were two legal realist camps whose jurisprudential ideas presupposed two quite different political theories. One group of legal realists consisted of public utilitarians who were consciously inspired by Bentham, wanted to turn legal and political …
Chapter 9 Bankruptcy: The Solution That Causes Problems, Peter C. Alexander
Chapter 9 Bankruptcy: The Solution That Causes Problems, Peter C. Alexander
Brooklyn Journal of Corporate, Financial & Commercial Law
There is a little-known form of bankruptcy called a “Chapter 9,” reserved for insolvent cities, villages, and other municipalities. Occasionally, one reads about a city or a county that has filed for Chapter 9 relief, like Detroit, Michigan, or Orange County, California; however, it is very hard to file a Chapter 9 case, in part, because existing law requires a municipality to obtain permission from its home state before it can file for relief in the U.S. Bankruptcy Court. An additional constraint is that the only option municipalities have when seeking bankruptcy relief is to file a Chapter 9 because …
The Dubious Role Of Institutional Investors In Driving The Green Transition: Legal And Economic Constraints, Giovanni Strampelli
The Dubious Role Of Institutional Investors In Driving The Green Transition: Legal And Economic Constraints, Giovanni Strampelli
Brooklyn Journal of Corporate, Financial & Commercial Law
There is a well-established trend that the process of transition to a sustainable economic growth model marked by the pursuit of environmental, social and governance (“ESG”) objectives has large companies at its center, which are considered an essential hub for this purpose given their weight in the global economy. In this context, the role of shareholders, especially institutional investors, plays an important role. Indeed, it is widely recognized that they, having an increasing prominence in the shareholder base of large, listed companies, can push these public companies to adopt more virtuous conduct in the areas of, among others, environmental protection …
Scripted For Surveillance: Parole Revocation Hearings And The Performance Of Procedure In New York, Kelsey G. Greeff
Scripted For Surveillance: Parole Revocation Hearings And The Performance Of Procedure In New York, Kelsey G. Greeff
Dissertations, Theses, and Capstone Projects
This thesis examines parole revocation hearings in New York as complex performances that extend carceral control beyond prison walls. Drawing on a composite vignette from the Bronx parole court, it analyzes the interplay between procedural reform, constitutional due process, and neoliberal governance. Using a dramaturgical framework informed by Michel Foucault’s discourse analysis and Judith Butler’s theory of performativity, the study identifies four interrelated processes: the judge as director, who orchestrates hearings according to institutional priorities; normalization, where repetition embeds structural inequality as routine; type-marking, the classification of parolees into predefined roles through accumulated records and cues; and the extension of …
Organizing For Abolition In Ice Custody, Sarah R. Sherman-Stokes
Organizing For Abolition In Ice Custody, Sarah R. Sherman-Stokes
Faculty Scholarship
The final Immigration and Customs Enforcement (“ICE”) detainees were released from the Irwin County Detention Center in early September 2021.2 A court did not order the end of ICE detention at Irwin. A social movement, led by people detained at Irwin, had a pronounced impact on the epistemological landscape and changed both normative principles and public opinion.3 Those detained at Irwin organized and acted to create new understanding of law and protect their rights in ways that courts and legislatures could not. This Essay tells the story of that demosprudential project; a dialectic between legal elites and people …
Prerogative In Common: On The Emancipatory Potential Of Radical Mutuality Amid Sovereign Decisionism, Matthew Builes
Prerogative In Common: On The Emancipatory Potential Of Radical Mutuality Amid Sovereign Decisionism, Matthew Builes
Dissertations, Theses, and Capstone Projects
In times of crisis, liberal democracies resort to authoritarian measures that undermine core democratic values. Dominant thought in the study of emergency-era law and politics appeal to a dichotomy of normal and exceptional times, to critique or justify the turn to sovereign decisionism. While this strategy seems clear-cut, the persistence of exceptional spaces and the crises that supposedly generate them challenge existing frameworks by blurring the line between norm and exception. This project explores the prospect of radical mutual aid, as a transformative response to the enduring crisis of modernity.
Constitutional Futurisms, Jeremiah Chin
Constitutional Futurisms, Jeremiah Chin
Northwestern University Law Review
How do we reckon with the past? The Supreme Court’s recent embrace of originalism as a mode of constitutional analysis relies almost exclusively on a view of history and tradition that would bind us to an understanding of principles and ideals that legitimized the exclusion of minority voices. Cases such as New York State Pistol and Rifle Ass'n v. Bruen use flavors of originalism as a framework to define rights and governmental powers through their historical antecedents, but this broad standard of interpretation is notably absent in the Court’s recent discussions of histories and traditions of racism in the United …
Toward A Perpetual Practice Of Affirmative Action, Sheldon Bernard Lyke
Toward A Perpetual Practice Of Affirmative Action, Sheldon Bernard Lyke
Northwestern University Law Review
Despite perceptions that affirmative action is “dead” following the Supreme Court ruling in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (SFFA), this Essay argues that affirmative action remains crucial for addressing racial bias in admissions processes. This Essay examines the strict scrutiny standard, which requires that any use of race must serve a compelling government interest and be narrowly tailored to achieve that interest. Courts have interpreted the narrowly tailored prong of this standard to include a logical end point requirement, which mandates that race-conscious measures must have a clear and limited …
Infrastructure Equality, Deborah N. Archer, Yuvraj Joshi
Infrastructure Equality, Deborah N. Archer, Yuvraj Joshi
Northwestern University Law Review
The United States’ racialized geographies have left communities of color with systematically inferior essential infrastructure that perpetuates their social and economic exclusion. From roads, public transportation, and sewage systems, to banks, high-speed internet, and high-quality public schools, people and communities of color have limited access to the fundamental infrastructure necessary to lead socially and economically vibrant lives. This Essay introduces “infrastructure equality” as a unifying framework to address the critical intersection of physical, social, and legal infrastructures that feed racial inequality. Drawing on multidisciplinary research, it argues that infrastructure—the interconnected and vital system of physical structures, networks, and social institutions—should …
Crisis Convergence, Sarah Medina Camiscoli
Crisis Convergence, Sarah Medina Camiscoli
Northwestern University Law Review
Progressive jurists and legal scholars have called the Supreme Court’s doctrine of colorblind constitutionalism that dismantled affirmative action in Students for Fair Admissions, Inc. v. President and Fellows of Harvard (SFFA) a crisis for constitutional democracy. However, scholars have not yet tended to students, particularly students mobilized for racial justice, to understand their interpretation of this race-evasive ideology and what insights those mobilized students might offer in this pivotal moment. Given the fact that a small coalition of dissenting conservative jurists, scholars, and mobilized students—the Federalist Society—spent decades crafting the doctrine, scholarship, and resources that drive colorblind constitutionalism …
Existing Together From The Beginning: Freedom To Contract And Black Mutual Aid, Cara Mcclellan
Existing Together From The Beginning: Freedom To Contract And Black Mutual Aid, Cara Mcclellan
Northwestern University Law Review
In a new wave of litigation, conservative legal organizations are attempting to rely on Reconstruction-era civil rights legislation to prevent nonprofits, charities, foundations, and other privately organized groups from engaging in race-conscious work. Unlike the Supreme Court’s recent rollback of affirmative action, which dealt with universities’ ability to consider race in admissions as state actors and as recipients of federal funding, a series of lawsuits now challenge the ability of private organizations to consider race in how they invest money and resources to create social impact. Adding fuel to the fire, on January 21, 2025, President Trump issued an Executive …
Not Colorblind, Kimberly West-Faulcon
Not Colorblind, Kimberly West-Faulcon
Northwestern University Law Review
This Essay criticizes the use of the term “colorblind” in reference to attacks on racial diversity, equity, and inclusion (DEI) policies. It argues it is inapt and unconscionably obtuse to use colorblindness terminology to selectively target inclusion-motivated race consciousness for automatic illegality. The Essay’s central project is to examine claims underlying attacks on racial inclusion policies such as the Students for Fair Admissions, Inc. v. President and Fellows of Harvard College lawsuit to expose the legal endgame that anti-DEI forces seek to make a centerpiece of America’s future. In so doing, it surfaces the differential scrutiny of race consciousness …
The Impact Of Mental Health Courts On Public Attitudes Held Toward Justice-Involved Individuals With Mental Illness, Maeve Porter
The Impact Of Mental Health Courts On Public Attitudes Held Toward Justice-Involved Individuals With Mental Illness, Maeve Porter
Student Theses
Prior research has established that mental health court programs play an important role in reducing recidivism and mental health symptoms of defendants. However, there is a lack of understanding of the stigma that justice-involved individuals may encounter upon release from mental health court into the community, and the extent to which the general public is aware of mental health court programs. The present study sought to address public perceptions regarding mental health courts, their efficacy, and their participants based on the awareness and availability of these specialized courts in two similar states (New York and New Jersey), one in which …
Teaching Law Through Art: On Magic, Emotions, And Resistance, Hamsini Marada
Teaching Law Through Art: On Magic, Emotions, And Resistance, Hamsini Marada
Socio-Legal Review
This is an auto-ethnographic article in which the author reflects on her research in art and law, the legal academic culture, and the ways in which her art practice (painting and photography) informs her teaching pedagogy. The author uses theoretical works of scholars like Paulo Friere and bell hooks as foundational texts to address how an emotional and care-based approach to teaching can be developed through engagement with art in law classrooms. This theory is substantiated with anecdotes from the author's experience of teaching electives on art and law and core courses like Criminal Law and Intellectual Property Rights. By …
Changemakers : Camille Capraro : Juris Doctorate : Working For The Ocean State's Future 08-2025, Roger Williams University School Of Law
Changemakers : Camille Capraro : Juris Doctorate : Working For The Ocean State's Future 08-2025, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Caste Formalism: The Law And Politics Of Equality In India, Madhav Khosla, Pratap Bhanu Mehta
Caste Formalism: The Law And Politics Of Equality In India, Madhav Khosla, Pratap Bhanu Mehta
Faculty Scholarship
In modern constitutional democracies, achieving equality has long been a challenge. In recent years, theorists have focused on understanding the meaning of discrimination and determining when and how discrimination becomes problematic. One critical issue that has long animated discussions on both the general guarantee of equality and the specific goals of anti-discrimination law is the relationship between individuals and groups. If a constitutional order aims to take equality seriously, how should it address the experiences of specific groups historically subjected to discrimination? Indeed, questions of equality and discrimination often converge around the issue of affirmative action, sometimes at the expense …
Technoscientific Imaging And The Territorialization Of Ocean Depth, João Afonso Baptista, Pedro Figueiredo Neto, Irus Braverman, Philip Steinberg, Gabriella Palermo, Stefan Helmreich, Melody Jue, John Childs
Technoscientific Imaging And The Territorialization Of Ocean Depth, João Afonso Baptista, Pedro Figueiredo Neto, Irus Braverman, Philip Steinberg, Gabriella Palermo, Stefan Helmreich, Melody Jue, John Childs
Journal Articles
Once the last unclaimed solid expanse on Earth, the ocean floor has become one of the most contested spaces in contemporary geopolitics. The data-imagery produced by technoscience serves as the ultimate tool for nations asserting sovereignty in this territorial race. This symposium gathers diverse perspectives on the ongoing expansionist drive on the seabed, drawing inspiration from Abissal——a film-article featuring the Portuguese modern odyssey on the ocean floor that serves as the symposium’s centerpiece. Aligned with modern ocean law, technoscience strives to render ocean depth visible to politics and territorializable for coastal states. However, the submerged prolongations and divisions it proffers …
The Collapse Of Negara Hukum: How Indonesia’S Rule Of Law Has Been Shaped By Embedded Oligarch Politics?, Herlambang Perdana Wiratraman
The Collapse Of Negara Hukum: How Indonesia’S Rule Of Law Has Been Shaped By Embedded Oligarch Politics?, Herlambang Perdana Wiratraman
The Indonesian Journal of Socio-Legal Studies
This article argues recent performance of the rule of law in the 25-years period after Soeharto’s authoritarian regime. Why has there been a weakening of civil liberties, while on the other hand the oligarchic power and authoritarianism strengthens the current Indonesia’s politics. This article examines the prevalence of arbitrary practices, not only in the fair procedural process of law enforcement, but also why it is so easy to pass anti-democratic laws that contradict the principles of the rule of law. By referring to three specific case studies: free expression, academic freedom and press freedom, this article found that politics in …
Popular Originalism, Thomas G. Donnelly
Popular Originalism, Thomas G. Donnelly
BYU Law Review
Scholars are obsessed with the Roberts Court’s recent turn to history and tradition. But another source of authority has also emerged as an important feature of the Roberts Court’s approach to constitutional cases. In previous work, I have referred to this source of authority as popular meaning. While original meaning identifies the best reading of the Constitution’s text at the time of its ratification, popular meaning draws on sources of authority outside the courts to capture the constitutional views of the American people today. In this Article, I demonstrate how interpreters might draw on the Constitution’s popular meaning to help …
Eviscerating The State: The New Oligarchic And Authoritarian Project To Undermine American Constitutional Democracy, Jean Cohen
Emancipations: A Journal of Critical Social Analysis
No abstract provided.
The Gap: Addressing The Missing Piece In HawaiʻI’S Anti-Discrimination Laws On Credit And Lending, Wendy Mun
The Gap: Addressing The Missing Piece In HawaiʻI’S Anti-Discrimination Laws On Credit And Lending, Wendy Mun
Seattle University Law Review
This author addresses the significant gap in Hawaiʻi’s anti-discrimination laws, specifically the lack of explicit protections for LGBTQ+ individuals against credit and lending discrimination. Although federal laws like the Equal Credit Opportunity Act (ECOA) and recent interpretations by the Consumer Financial Protection Bureau (CFPB) extend some protections, they remain vulnerable to shifting federal priorities and interpretations. The author explores how other states, particularly California and Washington, have enacted robust statutory protections that clearly prohibit credit discrimination based on sexual orientation and gender identity. They argue that Hawaiʻi, despite its large LGBTQ+ population, must amend its credit protection laws to reflect …
Keynote Address: Community Over Constitution, Riddhi Mukhopadhyay
Keynote Address: Community Over Constitution, Riddhi Mukhopadhyay
Seattle University Law Review
In this keynote address, Riddhi Mukhopadhyay challenges the veneration of the U.S. Constitution by highlighting its origins in exclusion and its continued failure to protect marginalized communities. Drawing from her experience in civil legal aid and gender justice, she argues that the Constitution was drafted to consolidate power among white, wealthy men and continues to reflect that legacy through racial, gender, and class-based inequities. While acknowledging the significance of constitutional amendments and landmark cases, Mukhopadhyay emphasizes that meaningful change has always come from community-led action, not top-down reform. Additionally, Mukhopadhyay calls on lawyers and legal advocates to center community, practice …
The Lost Child: A Critique On Transracial Adoption Rhetoric, Hallie Conyers-Tucker
The Lost Child: A Critique On Transracial Adoption Rhetoric, Hallie Conyers-Tucker
Seattle University Law Review
Transracial adoption in the United States reflects a deeply rooted history of colonialism, cultural assimilation, and racial hierarchy, masked by rhetoric focused on the “best interest of the child.” The author critiques that rhetoric and traces how adoption practices and policies, both domestic and international, have evolved to reinforce systemic inequities. Through historical analysis of the forced adoption of Native American, Black, and Asian children, it reveals how the best interest standard has been wielded not to protect children but to uphold political and racial ideologies. The author argues that the prevailing adoption framework relies on child-saving and color-blind narratives …
A Global Reconstruction: Black Internationalism And The Human Rights Regime, Britta Redwood
A Global Reconstruction: Black Internationalism And The Human Rights Regime, Britta Redwood
Seattle University Law Review
Black American advocates for civil, political, and economic rights have long taken an internationalist approach and fostered connections with international organizations and transnational movements. This engagement has also been a generative force and played role in shaping international law. Beginning in the early years of the twentieth century, Black intellectuals and leaders, spearheaded by the NAACP and the UNIA, focused on human rights as a means for addressing and repairing the harms wrought by slavery, Jim Crow, and racism. From the Paris Peace Conference of 1919 through the Universal Declaration of Human Rights, the Genocide Convention, and the drafting of …