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A Typology Of Place-Based Investment Tax Incentives, Michelle D. Layser 2019 University of Illinois College of Law

A Typology Of Place-Based Investment Tax Incentives, Michelle D. Layser

Washington and Lee Journal of Civil Rights and Social Justice

This Article makes several contributions to tax, poverty, and empirical legal literature. First, it defines the category of place-based investment tax incentives and identifies key elements of variation across the category. Despite their prevalence at all levels of government, place-based investment tax incentives remain undertheorized and largely undefined in the literature. The typology presented here reflects an analysis of three federal tax incentives (the New Markets Tax Credit, the Low-Income Housing Tax Credit, and the new Opportunity Zones law) and a detailed survey of tax incentives included in state enterprise zone laws. By defining this category of tax laws and ...


Converging Welfare States: Symposium Keynote, Susannah Camic Tahk 2019 University of Wisconsin Law School

Converging Welfare States: Symposium Keynote, Susannah Camic Tahk

Washington and Lee Journal of Civil Rights and Social Justice

Susannah Camic Tahk, Associate Dean for Research and Faculty Development and Associate Professor of Law at the University of Wisconsin Law School, speaks to the Journal of Civil Rights and Social Justice 2018 symposium, Always with Us? Poverty, Taxes, and Social Policy. She addresses the following questions: To what extent do the particular advantages of the tax antipoverty programs persist as the tax antipoverty programs take center stage? Can tax programs, once distinguished from their direct-spending counterparts on the grounds of relative popularity and legal and administrative ease of access maintain those hallmarks as the tax-based welfare state grows in ...


For Him Who Shall Have Borne The Battle: How The Presumption Of Competence Undermines Veterans’ Disability Law, Chase Cobb 2019 Washington and Lee University School of Law

For Him Who Shall Have Borne The Battle: How The Presumption Of Competence Undermines Veterans’ Disability Law, Chase Cobb

Washington and Lee Journal of Civil Rights and Social Justice

When the Veterans Administration denies a veteran’s claim for disability benefits it often does so based on the opinion of an expert medical examiner—usually a doctor or a nurse. But under a recent federal rule, the VA carries no burden of laying a foundation for the expert medical examiner’s opinion—no burden of establishing the quality of the expert’s education or the depth of her experience; no burden of establishing the scope of the expert’s training or the soundness of her reasoning. Instead, the VA may simply presume the qualifications of its own expert examiner ...


Engaging The Oppressor Within, Nadia Ben-Youssef 2019 Advocacy Director at the Center for Constitutional Rights

Engaging The Oppressor Within, Nadia Ben-Youssef

Yale Human Rights and Development Law Journal

We are at the essence. Here, the core of community, the very root of politics, and the edge of imagination. In dismantling oppression, how are we positioned and aligned? In settler-colonies, whether Israel or the United States, on whose side do we stand? What do we resist, and for whom do we envision the future? Having inherited a diasporic legacy – I am the daughter of refugees and immigrants – with my ancestors’ propensity towards art and revolution, I am disturbed by the task to describe something so essential as this. As an organizer and an advocate for a world we have ...


The Dangers Of Liberalism: A Short Reflection On The African National Congress In South Africa, Wanelisa Xaba 2019 PhD student (Women’s and Gender Studies) at the University of Cape Town and a black feminist writer

The Dangers Of Liberalism: A Short Reflection On The African National Congress In South Africa, Wanelisa Xaba

Yale Human Rights and Development Law Journal

People of colour all over the world exist and have to rebuild their humanity deep within the ruins of colonial imperialism and white supremacist heteropatriarchal neoliberal capitalism. For many of us, our sense of orientation is lost between essentialist longing for “pre-colonial Africa” and the violent colonial interpretation of our histories. Can you imagine? Trying to build your humanity amongst the ruins of an all-encompassing, unrelenting, and continuously re-inventing system? It is a big task. This is what any requests to engage with the oppressor must be measured against. Do we have time to engage the oppressor? When we take ...


The Lawyer's Baggage: Engaging The Oppressor Within, Carolyn O’Connor 2019 Yale Law School

The Lawyer's Baggage: Engaging The Oppressor Within, Carolyn O’Connor

Yale Human Rights and Development Law Journal

For at least fifty years, lawyers have examined what professional role to play in movements to end oppression. First, lawyers criticized the impact litigator: ducking in and out of movements, the litigator represented a client to advance a cause. These lawyers could deliver a gut punch to an oppressive regime, yet winning a court case could defuse organizing power and lead to push-back. The lawyer, not the client or movement, was in charge. Then, criticism swung against the community lawyer seeking to empower marginalized people. That lawyer served individuals who were confronting systemic discrimination, going person by person to make ...


A More Possible Meeting: Initial Reflections On Engaging (As) The Oppressor, Nicola Soekoe 2019 Student at the Oliver Schreiner School of Law at the University of the Witwatersrand

A More Possible Meeting: Initial Reflections On Engaging (As) The Oppressor, Nicola Soekoe

Yale Human Rights and Development Law Journal

We have chosen each other
and the edge of each other’s battles
the war is the same
if we lose
someday women’s blood will congeal
upon a dead planet
if we win there is no telling
we seek beyond history
for a new and more possible meeting.
Audre Lorde, excerpt of “Outlines”

In the poem included above, civil rights poet, activist, and revolutionary Audre Lorde reminds us of the agency we have in deciding whether to embark on the paradigm-shifting project of seeing and choosing each other across difference and creating the conditions for a “more possible meeting ...


Lessons From Venezuela On Countering Oppression, Mariana Olaizola Rosenblat 2019 Yale Law School

Lessons From Venezuela On Countering Oppression, Mariana Olaizola Rosenblat

Yale Human Rights and Development Law Journal

Venezuela today is a dark microcosm of the promise of social change gone tragically awry. As a Venezuelan-American, witnessing the devastation of my country over the past two decades has shaped my views on movements that promise sweeping social transformation. It is primarily through the lens of this experience that I offer some reflections.

Venezuela in the 1990s had a broken political system that excluded the vast majority of Venezuelan citizens from meaningful participation in political life and the benefits of national wealth creation. When Hugo Chávez re-entered the political scene in the late 1990s, after being released from prison ...


Principles, Tactics, And Negotiations With The Oppressor, Neeshan Balton 2019 Executive Director of the Ahmed Kathrada Foundation.

Principles, Tactics, And Negotiations With The Oppressor, Neeshan Balton

Yale Human Rights and Development Law Journal

My approach to this topic is based primarily on the experience of fighting against apartheid in South Africa and in particular negotiations with the oppressor. The context is also one in which the engagement with the oppressor was about national liberation within South Africa. The goal of that liberation struggle was to overthrow white minority rule and to establish a democracy based on one person, one vote. Engaging the oppressor is something that activists did every day through acts of resistance.


The Choice Of An Oppressor, Y.N. Tang 2019 Yale Law School

The Choice Of An Oppressor, Y.N. Tang

Yale Human Rights and Development Law Journal

“But I am a member of the oppressors.” As a Han Chinese person living outside the Great Firewall – therefore with access to information on the situation in Xinjiang – I kept on thinking to myself during the discussion of “How to Engage With the Oppressor” that I, in fact, have been complicit in what increasingly looks like a cultural genocide.

By the end of 2018, the Chinese government had detained an estimated 800,000 to possible two million Uyghurs, ethnic Kazakhs, and other Muslims in Xinjiang. The party-state has used the terms “vocational training centers,” and, more recently, “boarding schools” to ...


An Oppressor Engaging Herself, Leanne Gale 2019 Yale Law School

An Oppressor Engaging Herself, Leanne Gale

Yale Human Rights and Development Law Journal

A few weeks ago, I was honored to participate in a conversation on “Engaging the Oppressor,” along with freedom fighters from around the world. As they shared their pain, trauma, and steadfast determination, I felt deeply grateful to learn from their brilliance. If you have not yet read their reflections, please turn the page and read them first.

But as I sat down to share some reflections, it did not feel right for me to comment on how members of oppressed groups should engage the oppressor. In the context of Palestine, I am the oppressor: a white Jewish woman, raised ...


When A Smile Gets You Inside: Engaging The Oppressor In Service Of Resistance, Faith Barksdale 2019 Yale Law School

When A Smile Gets You Inside: Engaging The Oppressor In Service Of Resistance, Faith Barksdale

Yale Human Rights and Development Law Journal

Prior to law school, I volunteered as a teacher in a radical, anti- oppressive education collective in an American jail. Each teacher periodically wrote and taught a new curriculum based on student input, interest, and preference. In addition to providing educational opportunities within the jail, one of the main goals of the collective was to resist the carceral state through education. These are the radical elements of our program, as I understood them: (1) there were no hierarchies in the classroom; (2) we would not teach GED or other any other curricula approved by the Department of Corrections (DOC) and ...


Engaging The Oppressor, Sari Bashi 2019 Visting Lecturer in Law, Research Scholar in Law, and the Robina Foundation Visiting Human Rights Fellow at Yale Law School

Engaging The Oppressor, Sari Bashi

Yale Human Rights and Development Law Journal

It was June 1995, one year after South Africa’s first democratic elections brought anti-Apartheid activist and guerilla fighter Nelson Mandela to power. After being barred from the World Cup in 1987 and 1991, South Africa was hosting the world Rugby championship. Its national team, the Springboks, a symbol of white Afrikaner domination, had made it to the final round, fielding a lone black player, Chester Williams. Mandela had spent twenty-seven years in prison, many of them under brutal conditions on the beautiful but isolated Robben Island, where race classifications dictated even the food rations he received – as a black ...


Diamonds On The Souls Of Her Shoes: The Kimberly Process And The Morality Exception To Wto Restrictions, Karen E. Woody 2019 Washington and Lee University School of Law

Diamonds On The Souls Of Her Shoes: The Kimberly Process And The Morality Exception To Wto Restrictions, Karen E. Woody

Karen Woody

This Article analyzes the events predicating the Kimberley Process and examines the validity of the Kimberley Process in relation to international trade obligations. Part I describes the background of conflict diamonds and their role in African wars. The section outlines the need for regulation in the diamond industry and examines how other attempted measures at curbing the illicit diamond trade have fallen short. Part II details the Kimberley Process and its guidelines. This section analyzes the relevant U.S. legislation passed in 2003, the Clean Diamond Trade Act. Part II also suggests that because the Kimberley Process ("KP") is predicated ...


Karen E. Woody, Putting Pandora On Trial, 98 J. Crim. L. & Criminology 699 (2008) (Reviewing Mark A. Drumbl, Atrocity, Punishment, And International Law (2007)), Karen E. Woody 2019 Washington and Lee University School of Law

Karen E. Woody, Putting Pandora On Trial, 98 J. Crim. L. & Criminology 699 (2008) (Reviewing Mark A. Drumbl, Atrocity, Punishment, And International Law (2007)), Karen E. Woody

Karen Woody

In the wake of increasing globalization over the past fifty years, international criminal law has transformed from a toothless shadow into a concrete reality; the International Criminal Court is the most recent and impressive institutional accomplishment. Unfortunately, international criminal law has enjoyed this progress on the heels of increasingly horrific international crimes. International adjudicatory institutions have taken many forms and the sentences they deliver have varied widely. In Atrocity, Punishment, and International Law, Mark Drumbl reviews the strides made in international criminal law from the Nuremberg trials through present-day trials, particularly those related to the crimes committed in Rwanda and ...


Establishment Of Religion Supreme Court Appellate Division Third Department, 2019 Touro College Jacob D. Fuchsberg Law Center

Establishment Of Religion Supreme Court Appellate Division Third Department

Touro Law Review

No abstract provided.


Due Process Supreme Court Rockland County, 2019 Touro College Jacob D. Fuchsberg Law Center

Due Process Supreme Court Rockland County

Touro Law Review

No abstract provided.


Due Process Supreme Court Appellate Division Third Department, 2019 Touro College Jacob D. Fuchsberg Law Center

Due Process Supreme Court Appellate Division Third Department

Touro Law Review

No abstract provided.


Due Process Supreme Court Appellate Division Second Department, 2019 Touro College Jacob D. Fuchsberg Law Center

Due Process Supreme Court Appellate Division Second Department

Touro Law Review

No abstract provided.


Due Process Supreme Court Appellate Division, 2019 Touro College Jacob D. Fuchsberg Law Center

Due Process Supreme Court Appellate Division

Touro Law Review

No abstract provided.


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