The Apostrophic Impasse: Diacritical Remarks On The Stories Of International Law, Legal Decolonial Genealogy And Antony Anghie’S Historiography,
2022
American University in Cairo
The Apostrophic Impasse: Diacritical Remarks On The Stories Of International Law, Legal Decolonial Genealogy And Antony Anghie’S Historiography, Britt L.A.Q. (Haadiya) Hendrix
Theses and Dissertations
The (hi)stories of international law have strengthened the tentacles of coloniality in the legal regime as they continue to taunt the precarious lifeworlds of people, our planet and social imaginaries of an otherwise. The flow of coloniality has similarly rematerialized in decolonial legal theories and the postcolonial historiographical accounts of international law. I intend to demonstrate this colonial revival in the groundbreaking text of Antony Anghie Imperialism, Sovereignty and the Creation of International Law (2005) which challenged the (hi)stories of traditional jurisprudence. The latter was not necessarily a rejection nor negation of Western thought, because I argue that ...
A (Partial And Principled) Defense Of Sentences Of Life Imprisonment,
2022
Swinburne Law School (Melbourne)
A (Partial And Principled) Defense Of Sentences Of Life Imprisonment, Mirko Bagaric, Jennifer Svilar
Cleveland State Law Review
There has been more than a five-fold increase in the number of life sentences in the United States over the past four decades. One in seven prisoners in the United States is serving a life (or virtual) life sentence. This amounts to over 200,000 prisoners. The increase has occurred against the backdrop of near universal condemnation by scholars and public policy advocates – many of whom are now advocating for the abolition of life sentences. Arguments that life sentences are not an effective deterrent or means of protecting the community have some merit. Yet, we argue that in a limited ...
The Committee Of Style And The Federalist Constitution,
2022
University of Wisconsin Law School
The Committee Of Style And The Federalist Constitution, David S. Schwartz
Buffalo Law Review
The conventional interpretation of the Constitution assumes that the Committee of Style, which created the final draft of the Constitution, lacked authority to engage with substance; therefore, any arguably substantive changes it purportedly made should be disregarded in favor of earlier draft language found in the records of the Constitutional Convention. This “Style doctrine” has been embraced by the Supreme Court and several leading constitutional scholars. This Article argues that the Style doctrine is historically unfounded and obscures the Constitution’s original meaning. The Committee of Style was not prohibited from proposing substantive changes. In any case, most of the ...
Babe In The Woods: Why The Federal Rules Of Evidence Should Adopt A New Hearsay Exception To Protect Children,
2022
University of Arkansas, Fayetteville
Babe In The Woods: Why The Federal Rules Of Evidence Should Adopt A New Hearsay Exception To Protect Children, Marlee Rowe
Arkansas Law Notes
Child abuse is a public health problem affecting millions of children across the United States. Many states have adopted hearsay exceptions to prevent child victims of abuse from being forced to testify in front of their abusers. However, not all states provide these protections, and the exceptions vary widely from state to state. Because many states draft their rules of evidence to accord with the Federal Rules of Evidence, Congress should enact a hearsay exception on the federal level to promote uniformity and to ensure child victims of abuse are protected from further traumatization, regardless of what state they live ...
A Mile Away, A World Apart: Life Expectancy Inequality In The United States,
2022
DePaul University
A Mile Away, A World Apart: Life Expectancy Inequality In The United States, Scott A. Budow
DePaul Journal for Social Justice
No abstract provided.
No Justice, No Peace: The Need For A State Version Of § 1983 In Response To The Movement For Black Lives,
2022
DePaul University
No Justice, No Peace: The Need For A State Version Of § 1983 In Response To The Movement For Black Lives, Madison N. Heckel
DePaul Journal for Social Justice
No abstract provided.
Puerto Rico's Second-Class Statehood: The Impact Of Restricted Access To Federal Public Benefits Programs On Puerto Rico's Economic Recovery,
2022
DePaul University
Puerto Rico's Second-Class Statehood: The Impact Of Restricted Access To Federal Public Benefits Programs On Puerto Rico's Economic Recovery, Evette Ocasio
DePaul Journal for Social Justice
No abstract provided.
Bostock, Backlash, And Beyond The Pale: Religious Retrenchment And The Future Of Lgbtq Antidiscrimination Advocacy In The Wake Of Title Vii Protection,
2022
DePaul University
Bostock, Backlash, And Beyond The Pale: Religious Retrenchment And The Future Of Lgbtq Antidiscrimination Advocacy In The Wake Of Title Vii Protection, Kyler J. Palmer
DePaul Journal for Social Justice
No abstract provided.
Falling Through The Cracks: The American Indian Foster Care To Sexual Exploitation Pipeline And The Need For Expanded American Indian Community Services In Minnesota,
2022
DePaul University
Falling Through The Cracks: The American Indian Foster Care To Sexual Exploitation Pipeline And The Need For Expanded American Indian Community Services In Minnesota, Sadie Hart
DePaul Journal for Social Justice
No abstract provided.
Criminal Liability For The Destruction Of Cultural Property: The Prosecutor V. Bosco Ntaganda,
2022
DePaul University
Criminal Liability For The Destruction Of Cultural Property: The Prosecutor V. Bosco Ntaganda, Emma A. O'Connell
DePaul Journal for Social Justice
No abstract provided.
Letters To The Readers,
2022
DePaul University
Letters To The Readers, Silpa Bulusu, Bridget Roddy
DePaul Journal for Social Justice
No abstract provided.
Table Of Contents,
2022
DePaul University
Letter From The Editor,
2022
University of Richmond School of Law
Letter From The Editor, Elizabeth F. Richer
Richmond Public Interest Law Review
No abstract provided.
Symposium Transcript,
2022
University of Richmond
Forty Years Of Environmental Justice: Where Is The Justice?,
2022
University of Richmond
Forty Years Of Environmental Justice: Where Is The Justice?, Jon A. Mueller, Taylor Lilley
Richmond Public Interest Law Review
Environmental Justice (or“EJ”) has been recognized as a concept since
at least 1982. After decades of incremental and ineffective efforts by the federal
government, it has become clear that EJ must evolve beyond the concept
stage if it is to be an effective vehicle for social and legal change. At its heart,
EJ is a function of social inequities and environmental harms, and the disproportionate
correlation between those components can no longer be ignored
by state and federal actors. The way forward must be paved with practical
legal solutions and affirmative application of regulatory authority. This
article examines the ...
Incorporating Environmental Justice Into Benefit-Cost Analysis Of Federal Rulemakings,
2022
University of Richmond
Incorporating Environmental Justice Into Benefit-Cost Analysis Of Federal Rulemakings, John D. Graham
Richmond Public Interest Law Review
President Biden proposes to revise the federal rulemaking process to advance
the values of justice and equity. This analysis offers a practical path
forward by adding an equity test to the efficiency test applied to new federal
regulations by the U.S. Office of Management and Budget. This article explores
the feasibility of the proposal with applications to regulation of hazardous
air pollutants and drinking water contaminants. The proposal seeks
to advance the interests of low-income Americans in federal rulemaking, a
subgroup that has received little historical priority in the regulatory impact
analyses prepared by federal regulatory agencies.
Armoring The Just Transition Activist,
2022
University of Richmond
Armoring The Just Transition Activist, Abigail Fleming, Catherine Dremluk
Richmond Public Interest Law Review
The fossil fuel energy system, reinforced by oppressive policies and practices,
has disproportionately harmed poor people, Indigenous people, and
Brown and Black people and driven the global climate crisis. A just transition,
which displaces fossil fuels and redistributes renewable energy resources,
requires policies that are rooted in equity and shift power back to
the hands of the most vulnerable. Just Transition Activists, leaders, organizers,
and changemakers in the just transition movement, must develop transformative
skillsets necessary to radically reimagine our world and dismantle
the current unequal system of law and policy. This analysis explores the
skills, attributes, beliefs, and attitudes ...
On The Horns Of A Dilemma: Climate Adaption And Legal Profession,
2022
University of Richmond
On The Horns Of A Dilemma: Climate Adaption And Legal Profession, Mark S. Davis
Richmond Public Interest Law Review
Few aspects of life will be spared disruptions attributed to climate change,
but those disruptions will not be evenly distributed or borne. While much
attention is being given to large-scale plans and programs aimed at effectively
and equitably coping with those disruptions, the fact is the burdens and
responsibility of planning and acting are falling mostly on individual families,
businesses, and communities. Those with access to resources and professional
assistance, specifically legal services, will stand a better chance of
adapting and prospering. Those without will likely fare worse—and already
are. In order to get better and more equitable outcomes ...
Examining The Relationship Between Environmental Justice And The Lack Of Diversity In Environmental Organizations,
2022
University of Richmond
Examining The Relationship Between Environmental Justice And The Lack Of Diversity In Environmental Organizations, Haley Walter
Richmond Public Interest Law Review
This article highlights the ongoing lack of diversity in each of the
three major types of environmental organizations—conservation and
preservation organizations, governmental agencies, and environmental
grantmaking foundations—and assesses how this lack of diversity
has historically marginalized people of color. Assessing the history of
how the environmental movement has marginalized people of color is
key because from this marginalization grew the rise of the environmental
justice movement and recognition from the legal system of environmental
issues that disproportionately impacted people of color. Last,
this article presents solutions on how environmental organizations can
increase and retain diversity in their staff ...
Expanding American Indian Land Stewardship: An Environmental Solution For A Country In Crisis,
2022
University of Richmond
Expanding American Indian Land Stewardship: An Environmental Solution For A Country In Crisis, Haley Edmonds
Richmond Public Interest Law Review
Land is the central foundation around which all life is formed. Therefore,
societies must have a stable connection with the land in order to be structurally
sound. If this connection is weak or inflexible, every building-block of
civilization laid on top of it will inevitably crumble. Some societies have established
stable relationships with the land by working around and responding
to nature’s rhythms in order to satisfy their needs. Whereas other societies
have ignored nature’s intricacies and instead have tried to strong-arm
nature into yielding to their whims. These two diametrically
opposed approaches to conceiving of humans’ relationship ...