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A Prolegomenon To The Study Of Racial Ideology In The Era Of International Human Rights, Justin Deystone 2021 University of Colorado Law School

A Prolegomenon To The Study Of Racial Ideology In The Era Of International Human Rights, Justin Deystone

Publications

There is no critical race approach to international law. There are Third World approaches, feminist approaches, economic approaches, and constitutional approaches, but notably absent in the catalogue is a distinct view of international law that takes its point of departure from the vantage of Critical Race Theory (CRT), or anything like it. Through a study of racial ideology in the history of international legal thought, this Article offers the beginnings of an explanation for how this lack of attention to race and racism came to be, and why it matters today.


Women’S Votes, Women’S Voices, And The Limits Of Criminal Justice Reform, 1911–1950, Carolyn B. Ramsey 2021 University of Colorado Law School

Women’S Votes, Women’S Voices, And The Limits Of Criminal Justice Reform, 1911–1950, Carolyn B. Ramsey

Publications

Deriving its vigor from the work of grassroots organizations at the state and local levels, the League of Women Voters (LWV) sought, in the first half of the twentieth century, to provide newly enfranchised women with a political education to strengthen their voice in public affairs. Local branches like the San Francisco Center learned from experience—through practical involvement in a variety of social welfare and criminal justice initiatives. This Article, written for a symposium commemorating the centennial of the Nineteenth Amendment, assesses the role of LWV leaders in California and especially San Francisco in reforming three aspects of the criminal …


Introduction To The Symposium: The Stakes For Critical Legal Theory, Elizabeth S. Anker, Justin Deystone 2021 Cornell University

Introduction To The Symposium: The Stakes For Critical Legal Theory, Elizabeth S. Anker, Justin Deystone

Publications

No abstract provided.


Abortion Rights In The Supreme Court: A Tale Of Three Wedges, Jennifer S. Hendricks 2021 University of Colorado Law School

Abortion Rights In The Supreme Court: A Tale Of Three Wedges, Jennifer S. Hendricks

Publications

No abstract provided.


Deep Cuts: Four Critiques Of Legal Ideology, Justin Deystone, Akbar Rasulov 2021 University of Colorado Law School

Deep Cuts: Four Critiques Of Legal Ideology, Justin Deystone, Akbar Rasulov

Publications

This Article begins an effort to rekindle the intellectual tradition of critical legal theory. The context for the project is significant. On the one hand is the grip of a social crisis, the contours of which continue to confound the commentariat. Racism, xenophobia, gendered violence, migration and nation, climate change, health pandemics, political corruption. The parade is as intimidating as it is spectacular. On the other hand, the very tools of criticism we depend upon in identifying these characters in the parade, much less the spectacle of the parade itself, are themselves in crisis. There is, in a word, a …


Design Justice In Municipal Criminal Regulation, Amber Baylor 2021 Texas A&M University School of Law

Design Justice In Municipal Criminal Regulation, Amber Baylor

Faculty Scholarship

This Article offers a model for addressing current inequities in U.S. municipal criminal regulation through design justice theory. Historically, municipal courts in the United States have been the arbiter of minor crimes, processing traffic tickets and other low-level criminal charges. They have also served to uphold Black Codes, segregation, anti-protest laws, and “broken windows” criminal regulation. Enhancing equality in municipal courts requires meaningful participation from across the city’s populace. Participatory design- a framework within urban planning, architecture and design fields- is a practice with honed protocols for implementing meaningful participation from “users” of a place or product. The goal of …


Appellate Courts And Civil Juries, Adam N. Steinman 2021 Texas A&M University School of Law

Appellate Courts And Civil Juries, Adam N. Steinman

Faculty Scholarship

In federal civil litigation, decision-making power is shared by juries, trial courts, and appellate courts. This Article examines an unresolved tension in the different doctrines that allocate authority among these institutions, one that has led to confusion surrounding the relationship between appellate courts and civil juries. At base, the current uncertainty stems from a longstanding lack of clarity regarding the distinction between matters of law and matters of fact. The high-stakes Oracle-Google litigation—which is now before the Supreme Court—exemplifies this. In that case, the Federal Circuit reasoned that an appellate court may assert de novo review over a jury’s verdict …


Choice Of Law And The Preponderantly Multistate Rule: The Example Of Successor Corporation Products Liability, Diana Sclar 2021 Penn State Dickinson Law

Choice Of Law And The Preponderantly Multistate Rule: The Example Of Successor Corporation Products Liability, Diana Sclar

Dickinson Law Review (2017-Present)

Most state rules of substantive law, whether legislative or judicial, ordinarily adjust rights and obligations among local parties with respect to local events. Conventional choice of law methodologies for adjudicating disputes with multistate connections all start from an explicit or implicit assumption of a choice between such locally oriented substantive rules. This article reveals, for the first time, that some state rules of substantive law ordinarily adjust rights and obligations with respect to parties and events connected to more than one state and only occasionally apply to wholly local matters. For these rules I use the term “nominally domestic rules …


Civil Rights Equity: An Introduction To A Theory Of What Civil Rights Has Become, John Valery White 2021 University of Nevada, Las Vegas Boyd School of Law

Civil Rights Equity: An Introduction To A Theory Of What Civil Rights Has Become, John Valery White

Washington and Lee Law Review

This Article argues that civil rights law is better understood as civil rights equity. It contends that the four-decade-long project of restricting civil rights litigation has shaped civil rights jurisprudence into a contemporary version of traditional equity. For years commentators have noted the low success rates of civil rights suits and debated the propriety of increasingly restrictive procedural and substantive doctrines. Activists have lost faith in civil rights litigation as an effective tool for social change, instead seeking change in administrative forums, or by asserting political pressure through social media and activism to compel policy change. As for civil rights …


The Legal Legacy Of The Special Court For Sierra Leone: The Relationship Between The Court And The Sierra Leone Truth And Reconciliation Commission, Joseph Rikhof 2021 University of Ottawa, Faculty of Common Law

The Legal Legacy Of The Special Court For Sierra Leone: The Relationship Between The Court And The Sierra Leone Truth And Reconciliation Commission, Joseph Rikhof

FIU Law Review

No abstract provided.


The Important Contributions Of The Special Court For Sierra Leone On Amnesties And Immunities: Reinforcing Foundational Principles Of International Criminal Law, Leila Nadya Sadat 2021 Washington University in St. Louis, School of Law

The Important Contributions Of The Special Court For Sierra Leone On Amnesties And Immunities: Reinforcing Foundational Principles Of International Criminal Law, Leila Nadya Sadat

FIU Law Review

No abstract provided.


Senior Leaders And Those Most Responsible At The Extraordinary Chambers In The Courts Of Cambodia, Stuart Ford 2021 University of Illinois at Chicago John Marshall Law School

Senior Leaders And Those Most Responsible At The Extraordinary Chambers In The Courts Of Cambodia, Stuart Ford

FIU Law Review

No abstract provided.


The Legal Legacy Of The Special Court For Sierra Leone: Amnesties, Dr. Alhagi B.M. Marong 2021 United Nations Assistance Mission in Afghanistan

The Legal Legacy Of The Special Court For Sierra Leone: Amnesties, Dr. Alhagi B.M. Marong

FIU Law Review

No abstract provided.


The Continued Relevance Of The Contributions Of The Sierra Leone Tribunal To International Criminal Law, Charles C. Jalloh 2021 Florida International University College of Law

The Continued Relevance Of The Contributions Of The Sierra Leone Tribunal To International Criminal Law, Charles C. Jalloh

FIU Law Review

No abstract provided.


Mercy In American Law: The Promise Of The Adoption Of The Outlook Of Jewish Law, Yehiel Kaplan 2021 Touro University Jacob D. Fuchsberg Law Center

Mercy In American Law: The Promise Of The Adoption Of The Outlook Of Jewish Law, Yehiel Kaplan

Touro Law Review

Under Jewish law, mercy and compassion are essential principles to ensure the presence of a just legal system. Not only do mercy and compassion in the law preserve traditional values of human dignity, implementing a more compassionate legal system has practical benefits in both the spheres of legal judgment and of legal punishment. This article will compare the Jewish legal system’s application of these necessary doctrines to how other modern legal systems, including the American legal system, implement mercy and compassion. As a result of this in-depth comparison, this article recommends that the American legal system, and other modern legal …


Globalization And Privatization Of Federal Corporate Prosecutions: The Pressures Eroding Fifth Amendment Rights, Katarina Resar Krasulova 2021 Touro University Jacob D. Fuchsberg Law Center

Globalization And Privatization Of Federal Corporate Prosecutions: The Pressures Eroding Fifth Amendment Rights, Katarina Resar Krasulova

Touro Law Review

Over the past several decades, our society has continued to become even more globalized and interconnected. The dynamic put increasing pressure on the fairness of criminal trials in domestic courts. This Article discusses two recent phenomena that illustrate this evolution and their impact on the defendants’ rights against selfincrimination: the globalization and privatization of the federal prosecutions. Globalization is understood as the United States’ Government’s increased reliance on foreign authorities in prosecution of cross-border crimes, while privatization denotes the Government’s reliance on private actors in conducting investigations. Investigations conducted by private entities and foreign governments, and the evidence those investigations …


Keeping Up: Walking With Justice Douglas, Charles A. Reich 2021 Touro University Jacob D. Fuchsberg Law Center

Keeping Up: Walking With Justice Douglas, Charles A. Reich

Touro Law Review

No abstract provided.


Charles Reich And The Legal History Of Privacy, Sarah A. Seo 2021 Touro University Jacob D. Fuchsberg Law Center

Charles Reich And The Legal History Of Privacy, Sarah A. Seo

Touro Law Review

No abstract provided.


Charles Reich: Due Process In The Eye Of The Receiver, Harold Hongju Koh 2021 Touro University Jacob D. Fuchsberg Law Center

Charles Reich: Due Process In The Eye Of The Receiver, Harold Hongju Koh

Touro Law Review

No abstract provided.


Witness For The Self: Miranda V. Arizona’S Political Theology, Graham James McAleer 2021 Loyola University

Witness For The Self: Miranda V. Arizona’S Political Theology, Graham James Mcaleer

Touro Law Review

No abstract provided.


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