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Equitable Hiring Policy In Higher Education At The University Of Montana, Victoria McKinley Bigelow, Kinsey Anderson 2020 Alexander Blewett III School of Law at the University of Montana

Equitable Hiring Policy In Higher Education At The University Of Montana, Victoria Mckinley Bigelow, Kinsey Anderson

Graduate Student Portfolios

Higher Education; University of Montana; Equity; Hiring; University; College; Montana; Missoula; Public Administration; Organization; Missoula; Diversity; Women; Policy


Lessons From Batson In A Comparative Criminal Context: How Implicit Racial Biases Remain Unaddressed In Canadian Jury Section, Brittney Adams 2019 Seattle University School of Law

Lessons From Batson In A Comparative Criminal Context: How Implicit Racial Biases Remain Unaddressed In Canadian Jury Section, Brittney Adams

American Indian Law Journal

This Article highlights how Batson challenges may be instructive for addressing racial biases in jury selection in Canada and draws on the murder of Colten Boushie as an illustration of how the current system has failed to hold white defendants accountable in criminal cases involving Aboriginal victims. While far from perfect, peremptory Batson challenges in the United States serve as a nod to the ongoing issue of racial bias in jury selection in the United States. Canadian jury selection contains no similar challenges, which has too often resulted in all-white or mostly-white juries failing to hold white defendants accountable for ...


A Change In South Dakota’S Child Sexual Abuse Statute Of Limitations: An Equal Protection Violations?, Peyton Healy 2019 Seattle University School of Law

A Change In South Dakota’S Child Sexual Abuse Statute Of Limitations: An Equal Protection Violations?, Peyton Healy

American Indian Law Journal

No abstract provided.


Tribal Treaty Rights And Natural Resource Protection: The Next Chapter United States V. Washington - The Culverts Case, Richard Du Bey, Andrew S. Fuller, Emily Miner 2019 Seattle University School of Law

Tribal Treaty Rights And Natural Resource Protection: The Next Chapter United States V. Washington - The Culverts Case, Richard Du Bey, Andrew S. Fuller, Emily Miner

American Indian Law Journal

No abstract provided.


Navigating The Moral Minefields Of Human Rights Advocacy In The Global South, Sandra L. Babcock 2019 Northwestern Pritzker School of Law

Navigating The Moral Minefields Of Human Rights Advocacy In The Global South, Sandra L. Babcock

Northwestern Journal of Human Rights

No abstract provided.


North Korean Defectors In South Korea And Asylum Seekers In The United States: A Comparison, Emma Poorman 2019 Northwestern Pritzker School of Law

North Korean Defectors In South Korea And Asylum Seekers In The United States: A Comparison, Emma Poorman

Northwestern Journal of Human Rights

North Korean defectors are considered citizens of South Korea under the South Korean Constitution, while others that flee violence gain the legal status of “refugee.” North Korean defectors, who attempt to escape one of the worst human rights crisis in the world, find themselves in a unique situation. What benefits does this status have? How are refugees typically treated abroad, such as in the United States? This Comment will explore this unique status, how it differs from refugee status in the United States, and the challenges North Korean defectors face in South Korea.


Deliberation And Decision-Making Process In The Inter-American Court Of Human Rights: Do Individual Opinions Matter?, Ranieri L. Resende 2019 Northwestern Pritzker School of Law

Deliberation And Decision-Making Process In The Inter-American Court Of Human Rights: Do Individual Opinions Matter?, Ranieri L. Resende

Northwestern Journal of Human Rights

The work is focused on the adjudicatory nature of the Inter-American Court of Human Rights and investigates its model of deliberation, considering three basic schemes: per curiam, seriatim and hybrid. In order to identify an institutional pattern, the importance of individual opinions is analyzed through the quantitative performance of each category of judge (ad hoc and regular), as well as each type of adjudicative activity (judgments and advisory opinions). The quantitative data is also useful to better understand the explicit assimilation of separate opinions to the core reasoning of future cases. As a result, it has been possible to identify ...


Racial Indirection, Yuvraj Joshi 2019 Yale Law School

Racial Indirection, Yuvraj Joshi

Yuvraj Joshi

Racial indirection describes practices that produce racially disproportionate results without the overt use of race. This Article demonstrates how racial indirection has allowed — and may continue to allow — efforts to desegregate America’s universities. By analyzing the Supreme Court’s affirmative action cases, the Article shows how specific features of affirmative action doctrine have required and incentivized racial indirection, and how these same features have helped sustain the constitutionality of affirmative action to this point. There is a basic constitutional principle that emerges from these cases: so long as the end is constitutionally permissible, the less direct the reliance on ...


Water Privatization Trends In The United States: Human Rights, National Security, And Public Stewardship, Craig Anthony (Tony) Arnold 2019 Selected Works

Water Privatization Trends In The United States: Human Rights, National Security, And Public Stewardship, Craig Anthony (Tony) Arnold

Craig Anthony (Tony) Arnold

No abstract provided.


2nd Annual Stonewall Lecture 04-16-2019, Roger Williams University School of Law 2019 Roger Williams University

2nd Annual Stonewall Lecture 04-16-2019, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


The New-Breed, “Die-Hard” Chinese Lawyer: A Comparison With American Civil Rights Cause Lawyers, James E. Moliterno, Rongjie Lan 2019 Washington and Lee University School of Law

The New-Breed, “Die-Hard” Chinese Lawyer: A Comparison With American Civil Rights Cause Lawyers, James E. Moliterno, Rongjie Lan

James E. Moliterno

In times of social upheaval, lawyers can mark the way toward social change. In particular, when lawyers become more aggressive than traditional lawyers in the cause of fighting injustice, they face backlash from multiple sources, including government and their own profession. Such was the case during the U.S. civil rights movement. Unusually aggressive behavior by cause lawyers was met with hostility from their own profession and from government action. Those lawyers, while battered at times with physical violence, bar ethics charges, contempt of court, and state hostility, survived and changed social conditions at the same time they altered the ...


Leveling The Playing Field: Advancing Free Legal Aid For The Family Law Claims Of Ethiopian Women, Maereg Tewoldebirhan Alemayehu 2019 College of William & Mary Law School

Leveling The Playing Field: Advancing Free Legal Aid For The Family Law Claims Of Ethiopian Women, Maereg Tewoldebirhan Alemayehu

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Russian Politics Of Masculinity And The Decay Of Feminism: The Role Of Dissent In Creating New "Local Norms", Alexandra V. Orlova 2019 College of William & Mary Law School

Russian Politics Of Masculinity And The Decay Of Feminism: The Role Of Dissent In Creating New "Local Norms", Alexandra V. Orlova

William & Mary Journal of Race, Gender, and Social Justice

Over the past decade, the Russian state has been deliberately pursuing politics of masculinity that aim to actively undermine feminist dissenting voices by presenting feminism as something that is foreign and inappropriate for the Russian context. This Article examines why Russian domestic feminism has failed to generate a re-examination of entrenched gender stereotypes and barriers in Russia. The Article concludes that in order to effectively combat gender stereotyping and reduce structural barriers that continuously relegate women to the private sphere, new "local norms" based on gender equality need to develop. In order for these new local norms to gain public ...


Drugs, Dignity And Danger: Human Dignity As A Constitutional Constraint To Limit Overcriminalization, Michal Buchhandler-Raphael 2019 Washington and Lee University School of Law

Drugs, Dignity And Danger: Human Dignity As A Constitutional Constraint To Limit Overcriminalization, Michal Buchhandler-Raphael

Michal Buchhandler-Raphael

This Article proposes a constitutional constraint to limit criminalization of victimless crimes and, particularly, to alleviate the pressures on the criminal justice system emanating from its continuous “war on drugs.” To accomplish this goal, the Article explores the concept of human dignity, a fundamental right yet to be invoked in the context of substantive criminal law. The U.S. Supreme Court’s jurisprudence invokes conflicting accounts of human dignity: liberty as dignity, on the one hand, and communitarian virtue as dignity, on the other. However, the Court has not yet developed a workable mechanism to reconcile these competing concepts in ...


The Immediacy Of Economic And Social Rights, Katharine Young 2019 Boston College Law School

The Immediacy Of Economic And Social Rights, Katharine Young

Katharine G. Young

No abstract provided.


Raphaël Lemkin’S Derivation Of Genocide From His Analysis Of Nazi-Occupied Europe, Raffael Scheck 2019 Colby College

Raphaël Lemkin’S Derivation Of Genocide From His Analysis Of Nazi-Occupied Europe, Raffael Scheck

Genocide Studies and Prevention: An International Journal

The breadth and complexity of Lemkin’s definition of “genocide” results from several influences during the time he developed the concept. One of them is a belief that Nazi Germany was engineering a demographic revolution that would leave Germany predominant in Europe regardless of the outcome of the military conflict. This notion facilitated the assumption of a coherent cynical motivation behind disparate policies, laws, and decrees. Second, Lemkin’s daily work for the U.S. Government reinforced his focus on economic and legal matters and helps to explain why they occupy such a prominent place in his book Axis Rule ...


Creative Lawyering For Social Change, Raymond H. Brescia 2019 Albany Law School

Creative Lawyering For Social Change, Raymond H. Brescia

Georgia State University Law Review

Lawyers have long played an integral part in efforts to bring about social change. With an increasing desire to see change in the world, regardless of one’s political perspective, there is a growing interest in understanding the role that lawyers can play in bringing about such change. This type of lawyering is complex, however, and faces far more challenges than those the traditional lawyer faces in his or her work. Although all lawyers solve problems on behalf of their clients, the role of the social-change lawyer is more complex because the problems she seeks to address are more complex ...


"I Assumed Chicago Would Be In The Forefront": Comments On The Movement To End Prostitution With Survivor-Leader Brenda Myers-Powell, Jody Raphael 2019 DePaul University College of Law

"I Assumed Chicago Would Be In The Forefront": Comments On The Movement To End Prostitution With Survivor-Leader Brenda Myers-Powell, Jody Raphael

Dignity: A Journal on Sexual Exploitation and Violence

For many years in the 2000’s, researcher Jody Raphael, teamed with prostitution-survivor Brenda Myers-Powell, undertook a myriad of speaking engagements in the Chicago metropolitan area, intended to raise awareness of the violence and coercion in the sex trade industry. Ten years ago, they were asked to make a video of their presentation. Recently, Dignity editors came across the video and asked for an update on the conversation. This piece is the result.


Icts, Social Media, & The Future Of Human Rights, Nikita Mehandru, Alexa Koenig 2019 Duke Law

Icts, Social Media, & The Future Of Human Rights, Nikita Mehandru, Alexa Koenig

Duke Law & Technology Review

As communication increasingly shifts to digital platforms, information derived from online open sources is starting to become critical in creating an evidentiary basis for international crimes. While journalists have led the development of many newly emerging open source investigation methodologies, courts have heightened the requirements for verifying and preserving a chain of custody—information linking all of the individuals who possessed the content and indicating the duration of their custody—creating a need for standards that are just now beginning to be identified, articulated, and accepted by the international legal community. In this article, we discuss the impact of internet-based ...


Christianity During Times Of Crisis: The European Refugee Movement, Kathryn Eckler 2019 College of William and Mary

Christianity During Times Of Crisis: The European Refugee Movement, Kathryn Eckler

Undergraduate Honors Theses

This thesis examines the lives of Iranian Christian refugees who have filed for religious asylum in Austria. Each chapter presents a different legal and political phase Iranian Christian converts face in transitioning from life in Iran to the European Union. At the first stage of their journey, Iranian Christian converts are forced to live under the Islamic Republic of Iran. Upon fleeing their country, Iranian Christian refugees must adapt to the asylum laws of the European Union and United Nations. Refugees then file for asylum in a European Union member state; this thesis focuses on refugees who have filed for ...


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