Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Politics (59)
- Legislation (55)
- International Law (52)
- Constitutional Law (49)
- Comparative and Foreign Law (42)
-
- Legal History (37)
- Human Rights Law (36)
- Civil Rights and Discrimination (35)
- Law and Economics (35)
- Courts (34)
- Criminal Law (34)
- State and Local Government Law (33)
- Jurisprudence (32)
- Other Law (32)
- Social Welfare Law (32)
- Science and Technology Law (28)
- Law and Gender (25)
- Law and Race (25)
- Public Law and Legal Theory (25)
- Transnational Law (25)
- Administrative Law (23)
- Consumer Protection Law (20)
- Judges (20)
- Legal Profession (20)
- Litigation (20)
- Commercial Law (18)
- Internet Law (17)
- Legal Remedies (17)
- Keyword
-
- New York (7)
- Chief Judge (6)
- Constitutional Convention (6)
- Dual Constitutionalism (6)
- Judge (6)
-
- Judith S. Kaye (6)
- Justice Brennan (6)
- New York City Bar Association (6)
- New York Court of Appeals (6)
- Opportunity (6)
- Skadden (6)
- Women lawyers (6)
- European Union (2)
- Fourth Amendment (2)
- International Law (2)
- Law enforcement (2)
- Social (2)
- United Nations (2)
- Abortion; Civil Rights; Fundamental Rights; Privacy; Gender; Feminism; Supreme Court of the United States; Precedent; Roe v. Wade; Reproductive Rights; Constitutional Law; Precedent; Overrule; Activism; Judicial Activism; State Courts; Law and Politics; Law and Society (1)
- Accountability; Corporate Governance; "Wenze" Accountability; China; Chinese Corporate Governance; Anglo-American Corporate Governance; "Guanxi" (personal connections/ relationships); Cultural Factors and Elements; Cultural Sensitivity; State Owned Enterprises (SOE); Corporate Strategy; Profit Distribution; Decentralization; Hybrid Corporate Governance Model; "Renqing" (reciprocity); Gift Giving; "Mianzi" (face); "Xinren" (trust); Confucianism; G20/OECD's Principles of Corporate Governance; Transparency; Relationology; Cultural Derivatives; Two-Tier Board System; Board Ethics; Information Accuracy; Justification and Explanation Followed by Questioning and Evaluation; Imposition of Consequences; Positive Values; Negative Problems; Harmonious Business Environment (1)
- Adoption and Safe Families Act; federal law; parents' rights; adoption; trauma; permanent family separation; child protective proceeding; termiantion of parental rights; parent-child relationship; the civil death penalty; cash payments; anti-poverty (1)
- Adoption; Adoption Law; Domestic adoption; Domestic adoption law; Interstate Compact on the Placement of Children; Reform; Legal history; Legal system; Family Law; European Union; EU; France; Germany; Italy; Economics; Enforcement (1)
- Affordable Care Act; bankruptcy; Medical Debt (1)
- Aiming at the Abolition of the Death Penalty; African Charter on the Rights and Welfare of the Child; African Charter on Human and Peoples’ Rights (Banjul Charter); Organization of African Unity (OAU); African Union (AU); UN Convention on the Rights of the Child; Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol); Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW); freedom (1)
- Allergen Regulations; Allergies; Food Law; Ireland; Food Labeling; Food Allergen Labeling and Consumer Protection Act; Constitutional Law; Torts; Tort Law; Negligence Per Se (1)
- Americans With Disabilities Act; ADA; Title III; website accessibility; place of public accommodation; public accommodation; circuit split; predatory litigation; WCAG (1)
- Americans with Disabilities Act (1)
- Americans with Disabilities Act; Fourteenth Amendment; Equal Protection (1)
- And Cosmetic Act; Poultry Products Inspection Act; Animal agriculture; Amenable Species (1)
- And Cultural Rights; Constitution of the People's Republic of Bangladesh; World Health Organization (WHO); Forced labor; Child trafficking; Child Labor National Plan of Action; Education (1)
- Publication Year
- Publication
- Publication Type
Articles 31 - 60 of 202
Full-Text Articles in Law and Society
America’S Rampant Gun Epidemic: How 3d Printers Are Only Adding Fuel To The Fire, Haley Lustbader
America’S Rampant Gun Epidemic: How 3d Printers Are Only Adding Fuel To The Fire, Haley Lustbader
Journal of Law and Policy
The assassination of the United Healthcare CEO in December of 2024 captivated national attention, specifically over the killer’s use of a homemade three dimensional (“3D”) printed gun. The use of 3D printing poses a breadth of opportunity for useful and valuable innovation across a variety of fields, such as allowing advancements in medical technology. However, with technology expansion comes associated risk and, in this case, that risk is the potential for increased presence of illegal firearms. Anyone with access to a 3D printer can download the necessary files and print weapon parts to create their own unregistered, untraceable firearms, including …
A Stronger Future For Family Law Arbitration: Enhancing The Uniform Family Law Arbitration Act To Shield The Vulnerable, Jayden Solomon
A Stronger Future For Family Law Arbitration: Enhancing The Uniform Family Law Arbitration Act To Shield The Vulnerable, Jayden Solomon
Journal of Law and Policy
The rising popularity of alternative dispute resolution (“ADR”) methods, particularly arbitration, has transformed family law practices, offering more accessible and efficient means of resolving disputes. This Note explores the critical role of the Uniform Family Law Arbitration Act (“UFLAA”) in safeguarding vulnerable populations, specifically children and domestic violence survivors, within the arbitration process. While the UFLAA offers important protections, these measures should serve as a starting point rather than a benchmark for ensuring these safeguards. This Note advocates for the integration of more robust protections within the UFLAA to better protect these individuals throughout arbitration. It examines the history of …
Unveiling The Underbelly Of Artificial Intelligence: The Inadequacies Of The Legal System With Regard To Victims Of Nonconsensual Sexual Deepfakes, Zilana Lee
Journal of Law and Policy
Artificial intelligence-powered deepfake technology has ushered a new era of digital sexual abuse, allowing for the seamless fabrication of explicit images that violate bodily autonomy with alarming realism. With little more than a photograph scraped from social media, individuals can use AI tools to fabricate hyper-realistic nude images and pornographic videos of people without their consent. These nonconsensual sexual deepfakes are rapidly spreading online, often going viral before victims are even aware of their existence. The technology can affect anyone, but women and girls remain disproportionately targeted. Recent incidents involving minors highlight both the reach and severity of this harm. …
Shaping A More Equitable Election System: A Canadian Approach To Solving The Voting Rights Crisis In America, Michelle Gutowski
Shaping A More Equitable Election System: A Canadian Approach To Solving The Voting Rights Crisis In America, Michelle Gutowski
Journal of Law and Policy
In 1965, the Voting Rights Act was passed, ushering in a new era of voting freedom. The Act brought an end to many of the overtly discriminatory practices that had persisted for nearly two centuries. Over time, however, states began to introduce more subtle and complex voting regulations that gradually undermined the gains achieved through the civil rights movement. In 2021, the Supreme Court dismantled an essential safeguard for voters, significantly weakening the protections the Act once guaranteed. This erosion of protections is largely attributable to a single doctrinal standard within the Act, known as the totality of the circumstances …
Outlier On Lgbtq Rights: Japanese Ban On Same-Sex Marriage And Its Contradiction In The Age Of Globalization, Yumi Higashi
Outlier On Lgbtq Rights: Japanese Ban On Same-Sex Marriage And Its Contradiction In The Age Of Globalization, Yumi Higashi
Brooklyn Journal of International Law
Japan is the only Group of Seven country yet to recognize same-sex marriage. Despite strong public support for marriage equality, the conservative dominance of the Japanese legislature and the Japanese courts’ deferential approach have stalled the change. This Note will analyze the legal issues and implications of Japan’s failure to recognize same-sex marriage and Japan’s worldwide inheritance tax regime, with an emphasis on cross-border succession and estate planning. Specifically, the Note argues that the United States, as the only country with which Japan has a treaty in estate, inheritance, and gift tax, should renegotiate the treaty as it could have …
Human Rights Due Diligence At The Intersection Of Corporate Compliance And Corporate Purpose, Stephen Kim Park
Human Rights Due Diligence At The Intersection Of Corporate Compliance And Corporate Purpose, Stephen Kim Park
Brooklyn Journal of Corporate, Financial & Commercial Law
The concept of human rights due diligence (“HRDD”) is one part of a broad and diverse range of approaches to address the responsibilities of business to society. Through laws requiring that companies identify and address their adverse impacts on workers, communities, and the environment, HRDD expands the role of corporate compliance in making companies accountable for the welfare of stakeholders. This Article addresses the implications of HRDD laws on how corporations operationalize corporate purpose and examines the barriers posed by corporate compliance practices to meaningfully—rather than cosmetically—enhance responsible business conduct.
What Should Caremark Encompass?, Claire A. Hill, Zohreh Zakiani
What Should Caremark Encompass?, Claire A. Hill, Zohreh Zakiani
Brooklyn Journal of Corporate, Financial & Commercial Law
Under In re Caremark Int’l Inc. Derivative Litig., decided in 1996, directors are required to oversee corporate compliance and can be liable for breaching their fiduciary duties if their oversight efforts do not suffice. Since it was decided, Caremark has been very influential, notwithstanding its high bar to liability. Notably, its influence far exceeds the actual probability that directors would be found liable under the doctrine. Instead, much of Caremark’s force is “soft,” through extra-legal mechanisms such as norms and pressures from various constituencies. Caremark clearly covers oversight for violations of law or regulation. But what, beyond those two things, …
Data Scraping For Generative Ai—To What Extent?, Jae Yeon Cecilia Kim
Data Scraping For Generative Ai—To What Extent?, Jae Yeon Cecilia Kim
Brooklyn Journal of Corporate, Financial & Commercial Law
Generative AI platforms are developed by scraping data from other platforms. This raises complex copyright infringement issues that are yet to be resolved. Courts have attempted to address these problems using the fair use doctrine, which evaluates four factors to determine whether a use infringes on copyright: (1) the purpose and character of the use, (2) the nature of the use, (3) the amount and substantiality of the copyrighted work’s use, and (4) the impact of the use on the market for the original work. Despite efforts to apply this long-established doctrine, challenges persist, including difficulties in identifying the copyright …
A Call For Statutory Reform: Online Marketplaces That Profit From Product Sales Should Be Held Strictly Liable As Sellers, Mark Anderson
A Call For Statutory Reform: Online Marketplaces That Profit From Product Sales Should Be Held Strictly Liable As Sellers, Mark Anderson
Brooklyn Journal of Corporate, Financial & Commercial Law
Today, Americans purchase roughly 16% of all consumer goods through online marketplaces such as Amazon. While traditional brick-and-mortar retailers that sell defective products are strictly liable for harm caused by those products, online marketplace retailers, which serve analogous roles in defective product sales, can often evade liability entirely. Amazon, for instance, is immune from liability for product defects in more than 60% of sales conducted on its website in almost every state. This Note explains why online marketplaces that profit from defective product sales should be strictly liable for harm those products cause, and why courts often refuse to hold …
How Sovereign Wealth Investment May Fail To Enter The United States Sports Market: Investigating The Governance Restricting Sportswashing, Zachary J. Braverman
How Sovereign Wealth Investment May Fail To Enter The United States Sports Market: Investigating The Governance Restricting Sportswashing, Zachary J. Braverman
Brooklyn Journal of Corporate, Financial & Commercial Law
In recent years, the world of sports has been disrupted by foreign nations engaging in human rights violations, masking their wrongdoings through sport-related investments. This practice, referred to as “sportswashing,” has negative impacts on both the sports industry at large and the individual victims whose suffering is perpetuated. Currently, there is no direct legislation preventing foreign investors from taking over sports franchises in the United States. However, the Committee on Foreign Investment in the United States, the United Nations, and sports leagues’ private regulations, each provide means to resist sportswashing. This Note analyzes the problem of sportswashing, the existing framework …
Nil: How Third-Party Businesses Exploit Collegiate Student-Athletes With Impunity, Matthew Glogower
Nil: How Third-Party Businesses Exploit Collegiate Student-Athletes With Impunity, Matthew Glogower
Brooklyn Journal of Corporate, Financial & Commercial Law
While there are numerous state NIL (name, image, and likeness) laws protecting student-athletes from economic exploitation, there is no federal law which offers universal protection, nationwide, to student-athletes. State NIL laws offer some protections for student-athletes from exploitation by colleges, universities, and boosters, but there is no protection for student-athletes who sign NIL deals with for-profit third-party businesses. These NIL deals, between the student-athlete and third-party businesses, make up the majority of NIL agreements. Section 6 of the proposed College Athlete Economic Freedom Act (“CAEFA”), titled “Enforcement Provisions,” aims to codify federal protection for student-athletes against colleges, universities, and boosters, …
I Ain't Afraid Of No Ghost…Kitchen! A New Realm Of Consumer Protection After The Inform Consumers Act, Johanna Silva
I Ain't Afraid Of No Ghost…Kitchen! A New Realm Of Consumer Protection After The Inform Consumers Act, Johanna Silva
Brooklyn Journal of Corporate, Financial & Commercial Law
The effects of the COVID-19 pandemic were pervasive, sparing none from its impact. However, the restaurant industry bore an even greater change and a heavier burden than most. At the height of the pandemic, some 110,000 restaurants shut down. QR codes replaced paper menus, street parking transformed into outdoor dining sheds, and Friday night dinners at the “great spot on the corner” became takeout orders from the couch. Reopening was an unpredictable gamble for restaurant owners, fraught with tiered plans and inconsistent regulations on safe and unsafe dining practices. The desperate search for creative solutions to stay in business propelled …
International Compliance Codes: Reflections On Their Significance, James Fanto
International Compliance Codes: Reflections On Their Significance, James Fanto
Brooklyn Journal of Corporate, Financial & Commercial Law
This Article explores the significance of international compliance codes. After describing compliance and reviewing compliance program activities and structures that have become the standard compliance mode, it looks at major U.S. and international compliance codes that helped establish and reinforce that model. It then explores reasons for the successful international diffusion of compliance, as evidenced by the international compliance codes. It particularly highlights that the compliance codes have followed a well-trodden path of international codes of business practices, which is to present them as a kind of neutral business technology. It discusses the main reason for this presentation, academic criticism …
Emerging Compliance In The Generative Decentralized Era, Nizan Geslevich Packin
Emerging Compliance In The Generative Decentralized Era, Nizan Geslevich Packin
Brooklyn Journal of Corporate, Financial & Commercial Law
Is it the end of compliance as we know it? Emerging technologies such as Artificial Intelligence (“AI”), including Generative AI (“GenAI”), and blockchain are reshaping regulatory compliance in the Web 3.0 era. As machine-generated data becomes the norm, traditional models reliant on human oversight are becoming obsolete, necessitating swift adaptation from regulators and industry stakeholders. Historically, compliance was designed to be managed by humans due to the need for critical thinking, ethical considerations, and nuanced decision-making. Yet, in today’s era, this approach is no longer viable. Addressing this need, Regulatory Technology (“RegTech”) has played a key role in modernizing compliance …
The Enduring Relevance Of Congress Despite The Court's Shift To “Ordinary Reader” Statutory Interpretation, Abbe R. Gluck, Laila M. Robbins
The Enduring Relevance Of Congress Despite The Court's Shift To “Ordinary Reader” Statutory Interpretation, Abbe R. Gluck, Laila M. Robbins
Journal of Law and Policy
Has Congress become irrelevant to statutory interpretation? The dominant theoretical and doctrinal paradigm in American statutory interpretation has always been the conversation between Congress and the courts. Today, however, the Court’s new, second-generation textualists claim they have left Congress behind. They argue they have changed textualism’s perspective, from an “insider” perspective focused on Congress’s textual choices, to an “outsider” perspective based on how “ordinary people” read statutes. The Court’s self-professed shift away from a legiscentric approach, if true, would be a seismic shift in the conception of the judicial role. Whereas judges and scholars—including first-generation textualists—had for a century focused …
The Broad Church Of Modern Textualism, Nicole Steitz, Brian G. Slocum, Kevin Tobia
The Broad Church Of Modern Textualism, Nicole Steitz, Brian G. Slocum, Kevin Tobia
Journal of Law and Policy
Nearly thirty years ago, Justice Scalia’s Tanner lectures branded Holy Trinity Church v. United States (1892) as the anti-textualist archetype, a decision trumping the text’s plain meaning with a suspect judicial investigation of the law’s purpose or spirit. And so Holy Trinity seemed, until Gales and Solan’s groundbreaking empirical study supported an alternative reading of the key statutory term (“labor or service”) that would avoid this conflict between text and purpose. Taking inspiration from Gales and Solan, we reconsider Holy Trinity using the precepts of modern textualism, with its increased emphasis on context, pragmatics, anti-literalism, legal meaning, holistic meaning, non-compositionality, …
The Pet Fish Canon, William N. Eskridge Jr.
The Pet Fish Canon, William N. Eskridge Jr.
Journal of Law and Policy
Inspired by the work of the late Professor Larry Solan, this article proposes that judges recognize as one of the textualist canons of statutory construction a “pet fish” canon. Such a canon would posit that when an ordinary reader would understand two or more words to yield a meaning that is different than the sum of the two words defined separately, the statutory interpreter should not disaggregate them. The Roberts Court has already followed such a linguistic precept in some statutory cases, and this article proposes that the Court recognize this as a canon considered at least as seriously as …
Grammar & Syntax Arguments On The Roberts Court, Anita S. Krishnakumar
Grammar & Syntax Arguments On The Roberts Court, Anita S. Krishnakumar
Journal of Law and Policy
In his excellent book, The Language of Judges, Professor Solan demonstrates how judges use grammatical or linguistic arguments to avoid acknowledging statutory ambiguity—and how they often get the grammar or linguistics wrong. Since his book was published, textualism has become the dominant interpretive approach on the U.S. Supreme Court—and we have seen increasingly prominent battles involving grammatical devices and rules. This comment takes Professor Solan’s analysis as a jumping off point to evaluate how grammar and linguistic arguments are employed on the modern Supreme Court, in the age of textualism. The comment offers a brief empirical and doctrinal assessment of …
Silent Suffering: Demanding Individual Accountability For Sexual Assault Against Disabled Children In School Environments, Stephanie Flores
Silent Suffering: Demanding Individual Accountability For Sexual Assault Against Disabled Children In School Environments, Stephanie Flores
Journal of Law and Policy
Disabled children are among the most vulnerable in society, particularly in school environments where they depend on the actions and care of others for their safety. These children face significantly higher risks of sexual abuse than their non-disabled peers, and school officials' negligence can exacerbate this danger. Despite the prevalence of such cases, the Fifth Circuit's refusal to recognize school officials’ liability under the state-created danger doctrine, as seen in Fisher v. Moore, deprives disabled children of adequate legal recourse under 42 U.S.C. § 1983. The decision holds that school officials cannot be held personally liable for the peer-inflicted sexual …
Growing Rich Off The Fruits Of Private Incarceration, Joseph Hennessy
Growing Rich Off The Fruits Of Private Incarceration, Joseph Hennessy
Journal of Law and Policy
Mass incarceration is a uniquely American phenomenon. With roots in chattel slavery, modern mass incarceration truly exploded in the latter half of the 20th Century. As Reagan-era politicians advocated for fiscal conservatism on the one hand and heavy-handed responses to crime on the other, private prison pioneers saw an opportunity to derive profit from society’s most vulnerable. Today, private prisons house as much as half of some states’ total prison population, and private prison corporations have demonstrated an insatiable desire to expand their reach. This Note explores the unique social vulnerability of privately incarcerated people through a statutory and judicial …
Property Rights Or Obstacles To Progress?: The Fundamental Flaws In Takings Jurisprudence, Liam Higgins
Property Rights Or Obstacles To Progress?: The Fundamental Flaws In Takings Jurisprudence, Liam Higgins
Journal of Law and Policy
New York boasts some of the strongest protections for tenants out of all jurisdictions throughout the country. Chief among these laws is the state Rent Stabilization Law (“RSL”). Among other protections, the RSL has limited excessive rent increases on regulated apartments, granted tenants a right of renewal so that they could remain in their homes, and permitted family members to take over the tenancy of their loved ones upon their passing. The RSL has been amended several times throughout its history, each time providing more or less protections depending on the administration at the time. Recently, in 2019, the New …
The Equal Pay Game Changer: Using Mandatory Reporting To Encourage Corporations In The Sports Ecosystem To Increase Investment In Women’S Sports, Caroline Strauss
The Equal Pay Game Changer: Using Mandatory Reporting To Encourage Corporations In The Sports Ecosystem To Increase Investment In Women’S Sports, Caroline Strauss
Journal of Law and Policy
In 2016, the United States Women’s National Team began a lengthy fight for equal pay by filing a complaint with the Equal Employment Opportunity Commission. In 2019, the fight continued when the team sued the United States Soccer Federation for gender discrimination. When the court granted summary judgment to the U.S. Soccer Federation on their Equal Pay Act claim, it closed the door for the team to achieve equal pay through a public law remedy. The tedious fight came to an end with a settlement which guaranteed that the U.S. Men’s and Women’s National Teams would be paid equally. Although …
Balancing Freedom Of Expression And Equality On College Campuses In The Wake Of Intensified Antisemitism, Andrea Jane Martin
Balancing Freedom Of Expression And Equality On College Campuses In The Wake Of Intensified Antisemitism, Andrea Jane Martin
Brooklyn Law Review
The long-standing debate about free speech on college campuses was reignited by the attack on Israel by Hamas on October 7, 2023. Since then, anti-Israel advocacy at universities has drastically escalated. During demonstrations, protests, and rallies, students shout vile antisemitic slogans, call for the death of Jews and the destruction of Israel, promote violence against Jews, and harass and threaten fellow students because they are Jewish. Some university administrators have been publicly accused of floundering in their responses to intensifying antisemitic campus environments and failing to protect Jewish students from harassment. In defense of their inaction, a frequent retort is …
Clemency For The Common Good: An Argument To Release Incarcerated Persons In The General Public Interest, Deborah M. Ahrens
Clemency For The Common Good: An Argument To Release Incarcerated Persons In The General Public Interest, Deborah M. Ahrens
Brooklyn Law Review
During the height of the COVID-19 pandemic, we were reminded of several terrible truths about the modern mass incarceration state: namely, that it collects vulnerable people, places them in conditions where they are unable to protect themselves against many forms of ordinary and extraordinary risks, incubates suffering amongst them, and then spreads that suffering to surrounding communities. The ghastly consequences of these realities during the COVID pandemic led to piecemeal efforts to release moderate numbers of incarcerated people for public policy reasons largely unrelated to the kinds of individualized factors that have traditionally motivated most acts of clemency. This Article …
Thai Drug Offenses And Narcotic Charges: Tracing Thailand’S Drug Control And Capital Punishment History, Jonathan Hasson, Carolyn Hoyle
Thai Drug Offenses And Narcotic Charges: Tracing Thailand’S Drug Control And Capital Punishment History, Jonathan Hasson, Carolyn Hoyle
Brooklyn Journal of International Law
The Article examines Thailand's political economy of drugs and use of sanctions, including capital punishment, using a historical approach. It traces Thailand's nation building and emergence as a global hub for illicit drugs against the backdrop of European and US interventions since the colonial era. The Article reveals how Western concepts and discourses were appropriated by Thai elites to advance local agendas while suppressing democratic movements. The Article explores how the drug trade became entangled with government corruption, militarization, and extrajudicial state violence which often targeted ethnic minorities. In light of recent cannabis policy changes, the Article considers the historical …
Is Usmca Good For Mexican Labor? A Preliminary Analysis Of Usmca And Labor Market Outcomes In Mexico, Diego Marroquín Bitar
Is Usmca Good For Mexican Labor? A Preliminary Analysis Of Usmca And Labor Market Outcomes In Mexico, Diego Marroquín Bitar
Brooklyn Journal of International Law
The United States-Mexico-Canada Agreement (USMCA) introduced significant labor provisions aimed at bolstering labor rights and promoting union democracy, representing a departure from its predecessor, the North America Free Trade Agreement (NAFTA). This paper examines USMCA’s potential benefits and limitations on labor, arguing that the trade agreement’s effectiveness in improving labor conditions in Mexico may be limited. By primarily benefitting export-oriented firms, USMCA leaves a significant portion of Mexico’s workforce untouched. Moreover, USMCA's new wage requirements, intended to raise labor standards, may paradoxically increase production costs for formal firms, potentially lowering overall productivity. This paper underscores the persistent formal-informal labor divide …
Addressing The Root Cause Of Covid-19 Hate Crimes Against The Aapi Community: Shifting From Reactive Policies To Preventative Solutions, Alexa A. Panganiban
Addressing The Root Cause Of Covid-19 Hate Crimes Against The Aapi Community: Shifting From Reactive Policies To Preventative Solutions, Alexa A. Panganiban
Journal of Law and Policy
While the COVID-19 Pandemic affected health, social interaction, and politics on a global scale, Asian Americans in the United States faced the added hardship of racism and xenophobia. Unfortunately, anti-Asian sentiment in the U.S. is not unprecedented and has historical roots dating back to at least the nineteenth century. However, with right-wing leaders using condescending labels like “Chinese virus” and “Kung Flu” to describe the deadly infection, Asian hate has escalated to astronomical levels. Within one year of the onset of the Pandemic, more than 9,000 reports of Asian hate were filed, and this exponential surge led to the adoption …
Essentializing Cultures In Us Asylum Law, Jaclyn Kelley-Widmer, Estelle Mckee
Essentializing Cultures In Us Asylum Law, Jaclyn Kelley-Widmer, Estelle Mckee
Brooklyn Law Review
Asylum applicants must tell a story about their home country that reduces and problematizes its culture. The requirements of asylum law demand that an applicant show why they will suffer persecution in their home country and that their government will not protect them from it. This legal framework prompts applicants to present a narrative in which their home culture plays the role of the ultimate antagonist, the force that propels the applicant’s persecutors to single them out for harm and renders their government passive—or even complicit—in the face of it. Such a narrative necessarily reduces the applicant’s culture to its …
A New Private Law Of Policing, Cristina Carmody Tilley
A New Private Law Of Policing, Cristina Carmody Tilley
Brooklyn Law Review
American law and American life are asymmetrical. Law divides neatly in two: public and private. But life is lived in three distinct spaces: pure public, pure private, and hybrid middle spaces that are neither state nor home. Which body of law governs the shops, gyms, and workplaces that are formally accessible to all, but functionally hostile to Black, female, poor, and other marginalized Americans? From the liberal midcentury onward, social justice advocates have treated these spaces as fundamentally public and fully remediable via public law equity commands. This article takes a broader view. It urges a tort law revival in …
Puerto Rican Presidential Voting Rights: Why Precedent Should Be Overturned, And Other Options For Suffrage, Sigrid Vendrell-Polanco
Puerto Rican Presidential Voting Rights: Why Precedent Should Be Overturned, And Other Options For Suffrage, Sigrid Vendrell-Polanco
Brooklyn Law Review
The United States has continued to hold Puerto Rico as a colony, much like the British empire did the US colonies, and has given it no clear path to incorporation, statehood, or independent sovereignty. It has also denied its citizens the right to vote for their president and have voting representation in Congress. Current case law regarding Puerto Rican presidential voting rights and voting representation in Congress rests on precedent that dates almost as far back as its acquisition—the infamous Insular Cases. This case law is inconsistent with prior precedent, constitutional principles, and does not account for Puerto Rico’s contributions …