The Constitutional Ambition Of Black Liberation,
2023
DePaul University
The Constitutional Ambition Of Black Liberation, Paul A. Gowder
DePaul Journal for Social Justice
No abstract provided.
Table Of Contents,
2023
DePaul University
Table Of Contents, Mecca Wilkinson
DePaul Journal for Social Justice
No abstract provided.
Women Seldom Make History And Tradition: Patriarchal Originalism In Dobbs,
2023
DePaul University
Women Seldom Make History And Tradition: Patriarchal Originalism In Dobbs, Anna Greer
DePaul Journal for Social Justice
No abstract provided.
Disinfecting The Criminal Legal System Of Punitive Deterrence,
2023
DePaul University
Disinfecting The Criminal Legal System Of Punitive Deterrence, Joseph Dole
DePaul Journal for Social Justice
No abstract provided.
Public Interest Burnout: Seven Factors That Increase The Risk,
2023
DePaul University
Public Interest Burnout: Seven Factors That Increase The Risk, Sandra Simkins
DePaul Journal for Social Justice
No abstract provided.
Titles And Pronouns In The Academy: Academic Freedom And In-Class Speech Pursuant To Classroom Management,
2023
DePaul University
Titles And Pronouns In The Academy: Academic Freedom And In-Class Speech Pursuant To Classroom Management, Michael K. Park
DePaul Journal for Social Justice
No abstract provided.
Redress For Historical Injustices: Haiti’S Claim For The Restitution Of Post-Independence Payments To France,
2023
Tulane Law School at Tulane University
Redress For Historical Injustices: Haiti’S Claim For The Restitution Of Post-Independence Payments To France, Günther Handl
University of Miami Inter-American Law Review
No abstract provided.
Restitution For Haiti, Reparations For All: Haiti’S Place In The Global Reparations Movement,
2023
Institute for Justice and Democracy
Restitution For Haiti, Reparations For All: Haiti’S Place In The Global Reparations Movement, Brian Concannon Jr., Kristina Fried, Alexandra V. Filippova
University of Miami Inter-American Law Review
Haiti’s claim for restitution of the debt coerced by France in exchange for Haiti’s 1804 independence has unique legal advantages that can open the door to broader reparations for the descendants of all people harmed by slavery. But in order to assert the claim, Haiti first needs help reclaiming its democracy from a corrupt, repressive regime propped up by the powerful countries that prospered through slavery and overthrew the Haitian President who dared to assert his country’s legal claim. This article explores Haiti’s Independence Debt, and the fight for restitution of it, in the context of two centuries of continued …
Haiti And The Indemnity Question,
2023
Wesleyan University
Haiti And The Indemnity Question, Alex Dupuy
University of Miami Inter-American Law Review
1) Haiti did not agree to pay an indemnity to France in 1825 because it feared a war with its former colonial power. In 1814, France sent envoys to Haiti to demand that King Henry Christophe, who controlled the north of Haiti, and President Alexandre Pétion, who controlled the south and west, resubmit to French sovereignty. Christophe had that envoy arrested and jailed. Pétion, on the other hand, offered to pay an indemnity to France to compensate the former colonial property owners in return for France’s official recognition of Haiti’s independence.
2) Jean-Pierre Boyer succeeded Pétion as president of the …
Haiti And The Burden Of History,
2023
University of Lausanne
Haiti And The Burden Of History, Frédérique Beauvois
University of Miami Inter-American Law Review
No abstract provided.
The Lost Haitian Generation And The 1826 “French Debt”: The Case For Restitution To Haiti,
2023
University of Massachusetts
The Lost Haitian Generation And The 1826 “French Debt”: The Case For Restitution To Haiti, Charlot Lucien
University of Miami Inter-American Law Review
No abstract provided.
Exploring Local Elected Officials' Capacity To Govern Effectively,
2023
The University of Southern Mississippi
Exploring Local Elected Officials' Capacity To Govern Effectively, Mario King
Dissertations
A successful local government exemplifies inclusivity, innovation, and deliberate decision-making, all advancing responsible management of taxpayers' resources. In this qualitative investigation, a phenomenological approach is employed to delve into the lived experiences of local elected officials. The aim of this study was to gain insights into the capacity of these local elected officials for success in governance. Subsequently, the insights from these local elected officials' experiences are harnessed to evaluate their influence and impact on municipal performance.
The management of municipal performance encompasses the provision of social services, the maintenance of fiscal operations, and adherence to statutory obligations (Avellaneda, 2008). …
An Originalist Approach To Prospective Overruling,
2023
Northwestern University
An Originalist Approach To Prospective Overruling, John O. Mcginnis, Michael Rappaport
Notre Dame Law Review
Originalism has become a dominant jurisprudential theory on the Supreme Court. But a large number of precedents are inconsistent with the Constitution’s original meaning and overturning them risks creating enormous disruption to the legal order. This article defends a prospective overruling approach that would harmonize precedent with originalism’s rise and reduce the disruption from overrulings. Under prospective overruling, the Court declares that an existing statute violates the original meaning but will continue to be enforced because declaring it unconstitutional would produce enormous costs; however, future statutes of this type will be voided as unconstitutional. Under our approach, the Court would …
Wrong Or (Fundamental) Right?: Substantive Due Process And The Right To Exclude,
2023
University of Washington School of Law
Wrong Or (Fundamental) Right?: Substantive Due Process And The Right To Exclude, Jack May
Washington Law Review
Substantive due process provides heightened protection from government interference with enumerated constitutional rights and unenumerated—but nevertheless “fundamental”—rights. To date, the United States Supreme Court has never recognized any property right as a fundamental right for substantive due process purposes. But in Yim v. City of Seattle, a case recently decided by the Ninth Circuit, landlords and tenant screening companies argued that the right to exclude from one’s property should be a fundamental right. Yim involved a challenge to Seattle’s Fair Chance Housing Ordinance, which, among other things, prohibits landlords and tenant screening companies from inquiring about or considering a …
1l Public Service Summer Job Panel,
2023
Yeshiva University, Cardozo School of Law
1l Public Service Summer Job Panel, Cardozo Public Service Scholars Program
2023–2024 Flyers
No abstract provided.
Mandatory Public Service Summer Stipend Meetings,
2023
Yeshiva University, Cardozo School of Law
Mandatory Public Service Summer Stipend Meetings, Cardozo Center For Public Service Law
2023–2024 Flyers
No abstract provided.
Law’S Sexual Infections,
2023
University of Ottawa
Law’S Sexual Infections, Kyle Kirkup
Dalhousie Law Journal
In 2019, the House of Commons Standing Committee on Justice and Human Rights published its study on the criminalization of HIV non-disclosure in Canada. The report recommended removing HIV non-disclosure from sexual assault laws in Canada. This constituted a welcome development for many HIV advocates. Yet other recommendations proved more controversial. In order to counter the exceptional targeting of HIV, the Committee proposed an offence for the non disclosure of all infectious diseases. This article uses the proposal to develop three arguments. First, the idea of creating an offence for all infectious diseases finds its origins in criminal laws dating …
Mixing Mathematics And Morality: Precarity And Moral Hazard In Employment Insurance And Personal Insolvency Law,
2023
University of Alberta
Mixing Mathematics And Morality: Precarity And Moral Hazard In Employment Insurance And Personal Insolvency Law, Anna J. Lund
Dalhousie Law Journal
This article examines how financially precarious Canadians face particular challenges to accessing the benefits of employment insurance and personal insolvency because these two systems include features designed to guard against moral hazard. However, these design features do not adequately account for how an increasing number of Canadians are precariously employed and precariously indebted. This article synthesizes the research on precarious employment in Canada, and uses it to suggest how one might conceptualize precarious indebtedness. It then traces how the Canadian employment insurance and personal insolvency systems treat characteristics of financial precarity as evidence of misconduct. As a result, precariously employed …
Table Of Contents,
2023
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Twenty Years After Krieger V Law Society Of Alberta: Law Society Discipline Of Crown Prosecutors And Government Lawyers,
2023
Schulich School of Law, Dalhousie University
Twenty Years After Krieger V Law Society Of Alberta: Law Society Discipline Of Crown Prosecutors And Government Lawyers, Andrew Flavelle Martin
Articles, Book Chapters, & Popular Press
Krieger v. Law Society of Alberta held that provincial and territorial law societies have disciplinary jurisdiction over Crown prosecutors for conduct outside of prosecutorial discretion. The reasoning in Krieger would also apply to government lawyers. The apparent consensus is that law societies rarely exercise that jurisdiction. But in those rare instances, what conduct do Canadian law societies discipline Crown prosecutors and government lawyers for? In this article, I canvass reported disciplinary decisions to demonstrate that, while law societies sometimes discipline Crown prosecutors for violations unique to those lawyers, they often do so for violations applicable to all lawyers — particularly …
