Restorative Retributivism,
2021
Seton Hall University School of Law
Restorative Retributivism, Brian M. Murray
University of Miami Law Review
The current criminal justice moment is ripe for discussion of first principles. What the criminal law is, what it should do, and why society punishes is as relevant as ever as communities reconsider the reach of the criminal law and forms of punishment like incarceration. One theory recently put forth—reconstructivism—purports to offer a descriptive and normative theory of the criminal law and punishment while critiquing the ills of the American system. It comprehends the criminal law and punishment as functional endeavors, with the particular goal of restitching or “reconstructing” the social fabric that crime disrupts. In particular, reconstructivism is a …
We Never Needed A Jan. 6 Commission. We Need A Nov. 3 Commission. This Is Why,
2021
Duquesne University
We Never Needed A Jan. 6 Commission. We Need A Nov. 3 Commission. This Is Why, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
The United Nations And Human Rights Non-Governmental Organizations (Ngos) - Seventy-Five Years Of Consultations, Collaboration, And Contributions (1945-2000),
2021
UI McKinney School of Law, Indiana University
The United Nations And Human Rights Non-Governmental Organizations (Ngos) - Seventy-Five Years Of Consultations, Collaboration, And Contributions (1945-2000), George E. Edwards
Pace International Law Review
At the San Francisco Conference where the United Nations Charter was negotiated, participants and observers included representatives of “societies and organizations”—non-governmental organizations (NGOs). The precise number and identities of those NGOs is unclear, but 42 of the participants were consultants to the U.S. delegation that successfully lobbied for the Charter to include an official relationship between the U.N. and NGOs, and the promotion and protection of human rights. NGOs thus had a profoundly positive impact on the creation of the United Nations. For the first 75 years of the U.N.’s existence, NGOs have played an invaluable role in supporting the …
Mandatory Sars-Cov-2 Vaccinations In K-12 Schools, Colleges/Universities, And Businesses,
2021
Georgetown University - Law Center - O'Neill Institute for National and Global Health Law
Mandatory Sars-Cov-2 Vaccinations In K-12 Schools, Colleges/Universities, And Businesses, Lawrence O. Gostin, Jana Shaw, Daniel A. Salmon
Georgetown Law Faculty Publications and Other Works
The Centers for Disease Control and Prevention (CDC) recently issued guidance that fully vaccinated individuals can safely remove masks and end social distancing in most indoor settings. Educational facilities and businesses are faced with whether and how to differentiate between vaccinated and unvaccinated individuals, including requiring proof of vaccination. Mandatory vaccination has historically served as a tool to reach and sustain high immunization coverage and to prevent transmission in K-12 schools, colleges/universities, and health care facilities. Vaccine mandates could extend to workers and customers in businesses to ensure safer environments. This Viewpoint examines the epidemiologic, public health, and legal considerations …
“A Dollar Ain’T Much If You’Ve Got It”: Freeing Modern-Day Poll Taxes From Anderson-Burdick,
2021
Brooklyn Law School
“A Dollar Ain’T Much If You’Ve Got It”: Freeing Modern-Day Poll Taxes From Anderson-Burdick, Lydia Saltzbart
Journal of Law and Policy
How much should it cost to vote in the United States? The answer is clear from the Supreme Court’s landmark opinion in Harper v. Virginia State Board of Elections—nothing. Yet more than fifty years later, many U.S. voters must jump over financial hurdles to access the franchise. These hurdles have withstood judicial review because the Court has drifted away from Harper and has instead applied the more deferential Anderson-Burdick analysis to modern poll tax claims—requiring voters to demonstrate how severely the cost burdens them. As a result, direct and indirect financial burdens on the vote have proliferated. Millions of voters …
How Far Will Fara Go? The Foreign Agents Registration Act And The Criminalization Of Global Human Rights Advocacy,
2021
University of Washington School of Law
How Far Will Fara Go? The Foreign Agents Registration Act And The Criminalization Of Global Human Rights Advocacy, Monica Romero
Washington Law Review
The Foreign Agents Registration Act (FARA) was enacted and enforced during World War II to protect the American public from foreign propaganda, especially from the Nazi party. Following the war, FARA was scarcely used for over half a century. But in the past five years, there has been a significant uptick in FARA enforcement, particularly against major political personalities. The revival of FARA has led many legislators and scholars to advocate for expansions of FARA’s scope and enforcement mechanisms in the name of national security. But most have failed to acknowledge the risk and likelihood of politicized enforcement. The United …
Transparency's Ai Problem,
2021
Texas A&M University School of Law
Transparency's Ai Problem, Hannah Bloch-Wehba
Faculty Scholarship
A consensus seems to be emerging that algorithmic governance is too opaque and ought to be made more accountable and transparent. But algorithmic governance underscores the limited capacity of transparency law—the Freedom of Information Act and its state equivalents—to promote accountability. Drawing on the critical literature on “open government,” this Essay shows that algorithmic governance reflects and amplifies systemic weaknesses in the transparency regime, including privatization, secrecy, private sector cooptation, and reactive disclosure. These deficiencies highlight the urgent need to reorient transparency and accountability law toward meaningful public engagement in ongoing oversight. This shift requires rethinking FOIA’s core commitment to …
Early Survivor Voices And Primary Sources. Modern Slavery: A Documentary And Reference Guide By Laura J. Lederer,
2021
Vanguard University of Southern California
Early Survivor Voices And Primary Sources. Modern Slavery: A Documentary And Reference Guide By Laura J. Lederer, Sandra Morgan
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
House Bill 3: An Iou Texas Public Schools And Communities Of Color Cannot Afford,
2021
St. Mary's University School of Law
House Bill 3: An Iou Texas Public Schools And Communities Of Color Cannot Afford, Candace L. Castillo
The Scholar: St. Mary's Law Review on Race and Social Justice
A history of school finance litigation and legislation shows there are inherent and structural problems in Texas’s education finance system. Like many government and social structures, the Texas school finance system is built to benefit school districts that have greater access to wealth to begin with and creates inequalities between rich and poor populations as well as between people of color and Caucasians. House Bill 3 went into effect in 2019 and promises improvements to “recapture” calculations, increases in certain allotments, as well as salary increases for some Texas teachers. Some changes to education finance were sorely needed such as …
Undocumented Domestic Workers: A Penumbra In The Workforce,
2021
St. Mary's University School of Law
Undocumented Domestic Workers: A Penumbra In The Workforce, Abigail A. Roman
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
The Ill-Treatment Of Their Countrywoman: Liberated African Women, Violence, And Power In Tortola, 1807–1834,
2021
California Polytechnic State University, San Luis Obispo
The Ill-Treatment Of Their Countrywoman: Liberated African Women, Violence, And Power In Tortola, 1807–1834, Arianna Browne
Master's Theses
In 1807, Parliament passed an Act to abolish the slave trade, leading to the Royal Navy’s campaign of policing international waters and seizing ships suspected of illegal trading. As the Royal Navy captured slave ships as prizes of war and condemned enslaved Africans to Vice-Admiralty courts, formerly enslaved Africans became “captured negroes” or “liberated Africans,” making the subjects in the British colonies. This work, which takes a microhistorical approach to investigate the everyday experiences of liberated Africans in Tortola during the early nineteenth century, focuses on the violent conditions of liberated African women, demonstrating that abolition consisted of violent contradictions …
Modernizing Discrimination Law: The Adoption Of An Intersectional Lens,
2021
St. Mary's University School of Law
Modernizing Discrimination Law: The Adoption Of An Intersectional Lens, Marisa K. Sanchez
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Ranked-Choice Voting As Reprieve From The Court-Ordered Map,
2021
University of Michigan Law School
Ranked-Choice Voting As Reprieve From The Court-Ordered Map, Benjamin P. Lempert
Michigan Law Review
Thus far, legal debates about the rise of ranked-choice voting have centered on whether legislatures can lawfully adopt the practice. This Note turns attention to the courts and the question of remedies. It proposes that courts impose ranked-choice voting as a redistricting remedy. Ranked-choice voting allows courts to cure redistricting violations without also requiring that they draw copious numbers of districts, a process the Supreme Court has described as a “political thicket.” By keeping courts away from the fact-specific, often arbitrary judgments involved in redistricting, ranked-choice voting makes for the redistricting remedy that best protects the integrity of the judicial …
Mental Health Outcomes Of Various Types Of Fear Among University Students Who Have An Undocumented Legal Status During The Donald Trump Presidency,
2021
The University of San Francisco
Mental Health Outcomes Of Various Types Of Fear Among University Students Who Have An Undocumented Legal Status During The Donald Trump Presidency, Liliana Campos
Doctoral Dissertations
Having an undocumented legal status is a risk factor for mental health conditions such as depression and anxiety among university students. Much of the literature on the experiences of university students who hold an undocumented legal status has primarily focused on better understanding the educational, social, financial, and legal challenges among undergraduate students. The literature has addressed how some of these difficulties impact components of their social and mental health wellness. Yet, there is still a dearth of research focused on further understanding the experiences of students who hold an undocumented legal status from a psychological perspective, and specifically, with …
Victim Impact: The Manson Murders And The Rise Of The Victims’ Rights Movement,
2021
University of New Orleans
Victim Impact: The Manson Murders And The Rise Of The Victims’ Rights Movement, Merrill W. Steeg
LSU New Orleans Theses and Dissertations
No abstract provided.
Those Constitutional Amendments Were Aimed At The Pa. Supreme Court As Much As They Were At Wolf,
2021
Duquesne University
Those Constitutional Amendments Were Aimed At The Pa. Supreme Court As Much As They Were At Wolf, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
United Nations At 75 And The Challenges Facing International Law,
2021
Ved Nanda Center for International and Comparative Law, Sturm College of Law, University of Denver
United Nations At 75 And The Challenges Facing International Law, Ved Nanda
Pace International Law Review
On September 21, 2020, the Member States celebrated the seventy-fifth anniversary of the founding of the United Nations. In the Declaration marking the occasion, world leaders recounted the achievements of the body, including catalyzing decolonization, promoting and protecting human rights, working to eradicate disease, helping mitigate dozens of conflicts, and saving lives through humanitarian action. They also enumerated challenges the world faces, such as “growing inequality, poverty, hunger, armed conflicts, terrorism, insecurity, climate change, and pandemics.” These challenges, the Declaration said, are interconnected and can only be addressed through reinvigorated multilateralism, which, it emphasized, “is not an option but a …
The Un At 75: Success Stories From The Trusteeship System,
2021
UIC John Marshall Law School, University of Illinois at Chicago
The Un At 75: Success Stories From The Trusteeship System, Mark E. Wojcik
Pace International Law Review
The seventy-fifth anniversary of the United Nations offers an opportunity to review its many contributions to world peace, development, human rights, and the rule of law. Among the purposes stated in its Charter, the United Nations sought “[t]o develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples . . . .” The promotion of “self-determination of peoples” fell to the U.N. Trusteeship Council, one of the six organs of the United Nations. The Trusteeship Council suspended its work on November 1, 1994, one month after the Republic of Palau, the last …
Justice Delayed, Justice Denied? The Search For Accountability For Alleged Wartime Atrocities Committed In Sri Lanka,
2021
University of Copenhagen, Faculty of Law
Justice Delayed, Justice Denied? The Search For Accountability For Alleged Wartime Atrocities Committed In Sri Lanka, Aloka Wanigasuriya
Pace International Law Review
During the final stages of its nearly three-decades-long civil war in 2009, Sri Lanka attracted considerable international attention due to the allegations of international crimes that were said to have been committed both by the Sri Lankan government Armed Forces, the Guerilla Force, and the Liberation Tigers of Tamil Eelam (LTTE). According to United Nations (UN) experts, an estimated 40,000 civilians were killed during the final offensive, which lasted from January to May 2009. However, the Sri Lankan government has set this figure at 9,000 with no civilian casualties. Several UN bodies found credible allegations that international crimes were committed …
Covid-19 Pandemic, The World Health Organization, And Global Health Policy,
2021
Cornell University, Cornell Institute for Public Affairs
Covid-19 Pandemic, The World Health Organization, And Global Health Policy, Cosmas Emeziem
Pace International Law Review
The emergence and quick spread of the COVID-19 pandemic has shifted the focus and dynamics of the debates about global health, international law, and policy. This shift has overshadowed many of the other controversies in the international sphere. It has also highlighted the tensions that often exist in international affairs—especially in understanding the place and purpose of international institutions, vis-à-vis states, in the general schema of public international law. Central to the international response to the current pandemic is the World Health Organization (WHO)—a treaty-based organization charged with the overarching mandate of ensuring “the highest possible level of health” for …
