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Showing 801 - 354 of 354 Journals sorted alphabetically
Uyuşmazlık Mahkemesi Dergisi     Open Access  
Valparaiso University Law Review     Open Access   (Followers: 2)
Vanderbilt Law Review     Free   (Followers: 5)
Varia Justicia     Open Access  
Veredas do Direito : Direito Ambiental e Desenvolvimento Sustentável     Open Access  
Veritas et Justitia     Open Access  
Verstek     Open Access  
Vertentes do Direito     Open Access  
Via Inveniendi Et Iudicandi     Open Access  
Vianna Sapiens     Open Access  
Victoria University of Wellington Law Review     Full-text available via subscription   (Followers: 10)
Villanova Environmental Law Journal     Open Access   (Followers: 1)
Villanova Law Review     Open Access   (Followers: 1)
Violence Against Women     Hybrid Journal   (Followers: 58)
VirtuaJus - Revista de Direito     Open Access  
Vniversitas     Open Access  
Vox Juris     Open Access  
Waikato Law Review: Taumauri     Full-text available via subscription   (Followers: 7)
Washington and Lee Journal of Energy, Climate, and the Environment     Open Access   (Followers: 1)
Washington and Lee Law Review     Open Access   (Followers: 2)
Washington Law Review     Free   (Followers: 2)
Washington University Global Studies Law Review     Open Access   (Followers: 7)
Washington University Journal of Law & Policy     Open Access  
Washington University Law Review     Open Access   (Followers: 2)
Wayne Law Review     Free  
Western Journal of Legal Studies     Open Access   (Followers: 1)
Western New England Law Review     Open Access   (Followers: 2)
William & Mary Environmental Law and Policy Review     Open Access   (Followers: 1)
William & Mary Journal of Women and the Law     Open Access   (Followers: 2)
William and Mary Law Review     Open Access   (Followers: 5)
Windsor Yearbook of Access to Justice / Recueil annuel de Windsor d'accès à la justice     Open Access  
Wirtschaftsrechtliche Blätter     Hybrid Journal   (Followers: 3)
Wroclaw Review of Law, Administration & Economics     Open Access  
Yale Journal of Law & the Humanities     Open Access   (Followers: 10)
Yale Journal of Law and Technology     Open Access   (Followers: 12)
Yale Journal on Regulation     Full-text available via subscription   (Followers: 19)
Yale Law Journal     Open Access   (Followers: 65)
Yearbook of European Law     Hybrid Journal   (Followers: 21)
Yearbook of International Disaster Law Online     Full-text available via subscription  
Yuridika     Open Access  
Zuzenbidea ikasten : Irakaskuntzarako aldizkaria     Open Access  
交大法學評論     Open Access  

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Washington and Lee Law Review
Number of Followers: 2  

  This is an Open Access Journal Open Access journal
ISSN (Print) 0043-0463
Published by Washington and Lee University Homepage  [3 journals]
  • Higher Education Redress Statutes: A Critical Analysis of States’
           Reparations in Higher Education

    • Authors: Christopher L. Mathis
      Abstract: This Article introduces a novel concept, higher education redress statutes (“HERS”), to illustrate efforts that acknowledge and amend past wrongs towards African Americans. More proximally, the Article shines a probing light on the escalation of HERS in southeastern states that serve as a site for state regulation and monitoring. The Author exposes how higher education redress statutes, designed to provide relief or remedy to Black people for states’ higher education’s harm, categorically ignore groups of Black people who rightfully should also be members of the statutorily protected class. This Article queries whether legislators can expand the scope of such statutes and reveals the myriad ways in which higher education redress statutes now serve as tools for aiding in the erasure of the higher education industry’s culpability and complicity in slavery, degradation, and discrimination toward Black people. As such, this Article shows the growing hostility toward Black people’s contribution to the higher education industry and states’ unwillingness to offer redress efforts inclusively, broadly, and robustly. This Article serves as a platform for recognizing Black people’s harm and hurt and the degree to which that recognition has been undermined by the states’ disparate treatment of their humanity. Lastly, this Article proffers recommendations to activists, legislators, and other relevant stakeholders regarding the enforcement and promulgation of more comprehensive and inclusive higher education redress statutes.
      PubDate: Sat, 28 Jan 2023 11:35:35 PST
       
  • Taking the Knee No More: Police Accountability and the Structure of Racism

    • Authors: David Dante Troutt
      Abstract: From before the birth of the republic to the present day, police brutality has represented a signature injustice of state authority, especially against African Americans. Defining that injustice is the lack of accountability for official misconduct. The rule of law has systematically failed to deter lawbreaking by its law enforcement departments. This Article explores the various legal and institutional means by which accountability should be imposed and demonstrates the design elements of structured immunity. Using Critical Race Theory and traditional civil rights law notions of how structural racism operates, this Article argues that transformative change can only come about through recognition that the current system achieves the objectives for which it was designed. These objectives must change.
      PubDate: Sat, 28 Jan 2023 11:35:33 PST
       
  • Gag with Malice

    • Authors: Shaakirrah R. Sanders
      Abstract: This Article brings agriculture privacy and other commercial gagging laws into the ongoing debate on the First Amendment actual malice rule announced in New York Times v. Sullivan. Despite a resurgence in contemporary jurisprudence, Justices Clarence Thomas and Neil Gorsuch have recently questioned the wisdom and viability of Sullivan, which originally applied actual malice to state law defamation claims brought by public officials. The Court later extended the actual malice rule to public figures, to claims for infliction of emotional distress, and—as discussed in this Article—to claims for invasion of privacy and to issues of public importance or concern.United States v. Alvarez recently identified the significance of Sullivan and the actual malice rule when announcing First Amendment protection for false speech. Alvarez notably excluded defamation from the categories of protected false speech. No federal district or circuit court that has applied Alvarez to agriculture privacy laws has considered Sullivan or the actual malice rule. Agriculture privacy laws are a type of gag law that seek to: (i) prevent the use of misrepresentations to gain access, employment, or unauthorized entry; (ii) prevent unauthorized or nonconsensual use of video, audio, and photographic cameras or recorders if there was an intent to cause harm to the enterprise; or (iii) impose a duty to submit recordings of animal or agriculture abuse. Some of the legislative histories of these laws demonstrate an intent to prevent undercover investigations into or exposés on the industry. Arkansas has applied a similar type of gag to all commercial businesses.The Eighth, Ninth, and Tenth Circuits are currently split on the scope of Alvarez’s protection against agriculture privacy and commercial gagging laws. This Article demonstrates how Sullivan and the actual malice rule also balance the First Amendment right of privacy and press to gather and disseminate information about public matters. Part I introduces agriculture privacy and commercial gagging laws. Part II deliberates the civil rights roots and recent resurgence of Sullivan in contemporary jurisprudence. Part III contemplates how Sullivan alleviates First Amendment deficiencies that gagging courts left unaddressed, particularly with regard to the effect of gagging laws on undocumented workers and others in the marketplace of ideas about commercial food production.
      PubDate: Sat, 28 Jan 2023 11:35:30 PST
       
  • Sheriffs, Shills, or Just Paying the Bills': Rethinking the Merits of
           Compelling Merchant Cooperation with Third-Party Policing in the Aftermath
           of George Floyd’s Death

    • Authors: Stephen Wilks
      Abstract: This Article frames the killing of George Floyd as the result of flawed business regulation. More specifically, it captures the expansion of third-party policing paradigms throughout local nuisance abatement regulations over a period of time that coincided with the militarization of policing culture across the United States. Premised on the notion that law enforcement alone cannot succeed in reducing crime and disorder, such regulations transform grocery stores, pharmacies, bars, and other retail spaces into surveillance hubs by prescribing situations that obligate businesses to contact the police. This regulatory framework, however, sustains the larger historical project of rationalizing enhanced scrutiny of the public and private spaces that Black people occupy; supplies the imprimatur for wider societal involvement in the scrutiny of Black bodies—particularly by constituencies outside the ranks of traditional policing; and complicates psychological relationships Black people have with the settings they enter, while fueling the continued disregard for their bodily dominion.
      PubDate: Sat, 28 Jan 2023 11:35:28 PST
       
  • Leave Them Kids Alone: State Constitutional Protections for
           Gender-Affirming Healthcare

    • Authors: Jessica Matsuda
      Abstract: State legislatures across the nation are continually targeting the rights of transgender individuals with a variety of laws affecting everything from bathrooms to medical care. One particularly invasive type of legislation, the gender-affirming healthcare ban, seeks to prohibit all forms of healthcare that align a person’s physical traits with their gender identity for individuals under eighteen. Bans like this severely impede the treatment necessary for transgender youth suffering from gender dysphoria, which carries serious physical consequences and sometimes fatal psychological repercussions. As legislative sessions pass, more and more states are introducing and actually enacting these bansStriking down these bans as constitutionally impermissible is vital to ensuring that transgender individuals have equal access to healthcare. As litigators bring important and crucial lawsuits to challenge these bans under the federal Constitution, this Note proposes and explores options under the lesser-known but highly valuable state constitution. Although often ignored, many state constitutions contain enforceable rights that could protect the existence of gender-affirming healthcare, especially if federal constitutional protection is denied at the Supreme Court. This Note specifically dives into the state constitutional right to health as an avenue for greater protection, and argues that the general principles of judicial federalism should protect the rights of transgender individuals in this context. As the federal landscape changes, this Note urges litigators to use all the resources available to prevent unwarranted state interference, including previously unenforced state constitutional provisions. State legislators cannot be allowed to violate their own constitutions in the campaign against transgender individuals, and litigators have the ability and obligation to hold them accountable.
      PubDate: Thu, 01 Dec 2022 07:11:41 PST
       
  • Something Stinks: The Need for Stronger Agricultural Waste Regulations

    • Authors: Audrey Curelop
      Abstract: In the twentieth century, the American agricultural industry underwent significant changes—while most food animals were once raised on small family farms, now, over fifty percent are produced entirely inside concentrated animal feeding operations. These large‑scale farming operations house hundreds to thousands of cows, swine, or chickens, which collectively produce hundreds of millions of tons of waste per year. The primary method of waste disposal is land application, a process in which waste is sprayed or spread onto land with no required pretreatment. After land application, waste byproducts make their way into the surrounding air and waterways, posing significant threats to human health and the environment.This Note challenges this industry‑accepted method of waste disposal. It argues that federal environmental and regulatory law and state nuisance law coincide to effectively protect large‑scale agricultural facilities from liability at a detriment to American health. This Note examines liability carve-outs for industrial farming in three federal statutory schemes: the Clean Water Act, the Resource Conservation and Recovery Act, and the Comprehensive Environmental Response, Compensation and Liability Act. When federal environmental protections fail, affected parties often turn to common law tort redress. But state Right‑to‑Farm laws have effectively barred these claims as well.Although the products of industrial agriculture are enjoyed by the many, the environmental and health impacts of the farms’ waste disposal systems fall on the few. This Note additionally seeks to highlight the communities most affected—primarily, low‑income communities and communities of color that neighbor the farming operations.The most comprehensive solution to this health crisis involves an ideological shift in the way the American public conceptualizes the farm-to-table pipeline. This Note ultimately argues that this shift requires a catalyst—a robust federal initiative that disincentivizes hazardous agricultural waste practices and incentives sustainable farming.
      PubDate: Thu, 01 Dec 2022 07:11:38 PST
       
  • Birthing Alone

    • Authors: Elizabeth Kukura
      Abstract: Throughout the COVID-19 pandemic, hospitals implemented restrictive visitor policies that have prevented many pregnant people from giving birth with their chosen support people. For some, this meant foregoing labor and delivery support by a birth doula, someone who serves in a nonclinical role and provides emotional, physical, and informational support to birthing people. Given that continuous labor support such as the care provided by doulas is associated with fewer cesareans and other interventions, less need for pain medication, and shorter labors, the promotion of doula care is a promising strategy to ease the maternal health crisis and, in particular, shrink the perinatal health equity gap, as reflected in a pregnancy-related mortality rate for Black women that is three to four times higher than for White women.As COVID-19 case rates declined and hospitals relaxed their restrictions, some doulas found themselves subject to new hospital credentialing requirements in order to attend births, even though they serve in nonclinical roles and are hired by the birthing person rather than the hospital. This Article explores the often-contested relationship between doulas and hospitals, and between doulas and hospital-based perinatal care providers, against the historical backdrop of other restrictions on birthing companions since birth shifted from the home to the hospital around the turn of the twentieth century. It details the important role doulas play in promoting good perinatal health outcomes and considers why many hospitals and healthcare providers perceive doulas as a threat rather than as a source of value in the delivery room, which results in strategies to restrict doulas through formal and informal mechanisms. This Article suggests that hostility to doulas and restrictions on birth support reflect central qualities of mainstream perinatal care, such as liability-driven decision-making, nonadherence to evidence-based medicine, medical paternalism, and fear, all of which interfere with efforts to improve health outcomes in the midst of a maternal health crisis that disproportionately burdens communities of color.Ultimately, this Article argues that doula credentialing is a regulatory mismatch that should be abandoned by hospitals as misguided and counterproductive, and instead identifies public and private policy changes, along with related advocacy strategies, that would provide appropriate recognition of doulas within the perinatal healthcare system and serve both patient and provider interests while protecting the autonomy of doulas to operate within their scope of practice. Increased attention to the United States’ maternal health crisis and the opportunity to advance healthcare reforms that incorporate lessons from the pandemic make this a critical time to prevent the widespread adoption of credentialing requirements before they become the default norm, and instead to pursue investment in growing the doula model as an efficient and effective means to improve childbirth experiences and reduce the stark racial inequities in perinatal health outcomes.
      PubDate: Thu, 01 Dec 2022 07:11:35 PST
       
  • The Disappearing Freedom of the Press

    • Authors: RonNell Andersen Jones et al.
      Abstract: At this moment of unprecedented decline of local news and amplified attacks on the American press, scholars are increasingly turning their attention to the Constitution’s role in protecting journalism and the journalistic function. Recent calls by some U.S. Supreme Court Justices to reconsider the core press-protecting precedent from New York Times Co. v. Sullivan have intensified these conversations. This scholarly dialogue, however, appears to be taking place against a mistaken foundational assumption that the U.S. Supreme Court continues to articulate and embrace at least some notion of freedom of the press. Yet despite the First Amendment text specifically referencing it and the Roberts Court’s claims of First Amendment expansiveness, freedom of the press is quietly disappearing from the Court’s lexicon.Our individually coded dataset, capturing every paragraph mentioning the press written by all 114 Justices in the 235-year history of the Court, shows that in the last half-century the Court’s references to the concept of freedom of the press have dramatically declined. They are now lower than at any other moment since the incorporation of the First Amendment. The jurisprudential desertion of this concept is evident in every quantitative and qualitative measure we analyzed. Press freedom was once a commonly adopted frame, with the Court readily acknowledging it on its own and as a coexisting First Amendment right alongside the freedom of speech. Indeed, Justices routinely recognized this right in cases not involving the press. The data reveal that this practice is a thing of the past. Gone are not only the ringing, positive endorsements that situated freedom of the press as valuable, important, or central to democracy but also the bare acknowledgements of the right at all. A close investigation of individual Justice’s patterns, moreover, reveals that there are no true advocates of the right on the current Court and that most of the current Justices have rarely, if ever, mentioned it in any context.This Article addresses both the possible causes and the troubling consequences of this decline. It explores strong evidence contradicting many of the initially appealing explanations for the trend, examining the ways in which the phenomenon is unlikely to be solely a function of the Court’s decreasing press-related docket or its reliance on settled law in the area. It also explores data on the interrelationships between ideology and acknowledgement of freedom of the press. The disappearance of the principle of press freedom at the Court may impede the newly revived effort to invoke the Constitution as a tool for preserving the flow of information on matters of public concern.
      PubDate: Thu, 01 Dec 2022 07:11:32 PST
       
  • Creativity Without IP' Vindication and Challenges in the Video Game
           Industry

    • Authors: BJ Ard
      Abstract: This Article intervenes in the longstanding debate over whether creative production is possible without exhaustive copyright protection. Intellectual property (IP) scholars have identified “negative spaces” like comedy and tattoo art where creativity thrives without IP, but critics dismiss these examples as niche. The video game industry allows for fresh headway. It is now the largest sector in entertainment—with revenues greater than Hollywood, streaming, and music combined—yet IP does not protect key game elements from duplication. Participants navigate this absence using non-IP strategies like those identified in negative-space industries: AAA developers invest in copy-resistant features while indie game developers rely on community norms. The answer to whether creative production is possible within IP’s negative space even in a capital-intensive industry is thus a decisive yes.Studying this industry also compels us to go beyond surface-level questions of whether creative production is possible and to grapple with how the configuration of IP and non-IP protections shapes what is produced and how this configuration favors some creators over others. The industry likewise pushes us to recognize that the stability of these regimes is contingent on broader features of technology, the economy, and society at large. In fact, the industry has come full circle from a sector where copying plagued the industry, to one where it became a non-issue, to one where it has reemerged as a problem in mobile gaming.The video game industry is also crucial for study because it embodies the state of creative production in the information age. Scholarship has long treated legacy industries like Hollywood and music as paradigmatic without attending to the complex realities of modern creative production and the importance of going beyond IP to understand how these industries work. It is time we moved past the conceptual divide between “full IP” and negative spaces to interrogate the overlapping but partial legal protections across both sides of the line.
      PubDate: Thu, 01 Dec 2022 07:11:29 PST
       
  • Mass Arbitration 2.0

    • Authors: Andrew B. Nissensohn
      Abstract: Over the past four decades, corporate interests, in concert with the Supreme Court, have surgically dismantled the American civil litigation system. Enacted nearly a century ago, the Federal Arbitration Act (FAA) was once a procedural law mandating that federal courts enforce arbitration agreements between sophisticated parties with equal bargaining power. Through death by a thousand cuts, corporate interests shielded themselves from nearly all methods of en masse dispute resolution. These interests weaponized the FAA into a “one size fits all” means to compel potential litigants with unequal bargaining power into arbitration. The so-called “Arbitration Revolution” is the subject of much scholarly literature, but a nascent offspring of the Revolution is forcing corporate interests to retreat from their decades-long crusade—Mass Arbitration.In recent years, aggrieved plaintiffs, shackled by mandatory bilateral arbitration agreements, took matters into their own hands. Armed with highly-capitalized law firms and frequently untapped arbitration provisions, plaintiffs acquiesced to corporate demands and filed their disputes in arbitration. But this time they did it differently than others before them: compiling thousands of nearly identical claims and filing demands for individual arbitration en masse.Part I of this Note documents the Arbitration Revolution, whereby defense-side interests strategically dismantled the civil litigation system. Part II then proceeds to the emergence of Mass Arbitration and the initial responses of corporate interests. Importantly, this is a snapshot in time— it is inevitable that the defense bar will adapt to this dramatic change in the litigation sphere. But the question of how they will do so remains unanswered. Part III looks to Mass Arbitration 2.0 and details analyzes two potential paths under current Supreme Court precedent. Businesses might throw in the towel and return to the conventional civil litigation system, as Amazon recently did. Alternatively, they might “tighten the screws” and eliminate “saving grace” consumer-friendly terms that arguably kept their arbitration agreements afloat when challenged. Given the uncertainty of this response, Part IV proposes concrete actions needed to reverse the decades-long misguided interpretation of the FAA and safeguard the rights and interests of consumers and employees throughout America.
      PubDate: Tue, 04 Oct 2022 10:22:31 PDT
       
  • The Three Laws: The Chinese Communist Party Throws Down the Data
           Regulation Gauntlet

    • Authors: William Chaskes
      Abstract: Criticism of the Chinese Communist Party (CCP) runs a wide gamut. Accusations of human rights abuses, intellectual property theft, authoritarian domestic policies, disrespecting sovereign borders, and propaganda campaigns all have one common factor: the CCP’s desire to control information. Controlling information means controlling data. Lurking beneath the People’s Republic of China’s (PRC) tumultuous relationship with the rest of the world is the fight between nations to control their citizens’ data while also keeping it out of the hands of adversaries. The CCP’s Three Laws are its newest weapon in this data war.One byproduct of the CCP’s emphasis on controlling the narrative is that analyzing the PRC’s laws and policies requires reading between the lines—in the dark, by candlelight. Even the most informed analysis requires assumptions. The Three Laws are no different. Their broad language, drastic penalties, and sweeping scope rule out the traditional tools of statutory interpretation. Ordinary meaning, canons of construction, and legislative history are useless. In the PRC, the law means what the CCP says it means. To understand the Three Laws and predict the associated regulatory risks, lawyers, economists, and politicians alike must think and reason by analogy.This Note offers analyses, case studies, and recommendations that provide practitioners a solid framework to assess a company’s regulatory risk under the Three Laws. First, this Note outlines the guiding tenets of the CCP to understand the motivations behind the Three Laws. Next, it provides case studies of different companies’ relationships with the CCP. Realizing how the CCP has dealt with some of the largest companies in the world—Ant Group, Didi Chuxing, Apple, Tesla—is crucial to understanding the threat of future capricious CCP action.This Note then analyzes alleged CCP hacking campaigns and global influence building so the reader may better understand the types of actions that the CCP undertakes—and fears being done to it by others. Finally, this Note provides recommendations for companies with different levels of exposure to the CCP and its ability to enforce its laws. Ultimately, this Note provides the reader with a primer on an important geopolitical issue: the shadowy battle between the world’s great powers to control their citizens’ information, procure their adversaries’ data, and the ways that the law is being used to further these goals.
      PubDate: Tue, 04 Oct 2022 10:22:28 PDT
       
  • Rurality as an Intersecting Axis of Inequality in the Work of the U.N.
           Treaty Bodies

    • Authors: Amanda Lyons
      Abstract: Rurality intersects with other identities, power dynamics, and structural inequalities—including those related to gender, race, disability, and age—to create unique patterns of human rights deprivations, violations, and challenges in rural spaces. Therefore, accurately assessing human rights and duties in rural spaces requires attention to the dynamics of rurality in a particular context, the unique nature of diverse rural identities and livelihoods, the systemic forces operating in and on those spaces, and the intersections with other forms of structural discrimination and inequality.Although much of the work of the U.N. treaty bodies has in fact addressed human rights situations in rural areas, the role of rurality as an intersecting axis of structural inequality in those cases has not been systematized. There have been important advances related to rurality, intersectionality, and human rights, but these remain largely invisible to researchers and advocates and from one human rights body to another. Without this crosscutting look at rurality, biases and assumptions remain hidden and unchallenged.This Article addresses that gap by analyzing the treatment of rurality in two U.N. human rights treaty bodies: the Human Rights Committee and the Committee on Economic, Social, and Cultural Rights. The aim is to contribute to further engagement with the role of rurality and spatial justice in intersectional approaches to human rights research, policy, and advocacy. The research documents several trends, including (i) the important impact that global agrarian movements have had in achieving recognition of rural difference and rural-specific human rights claims beyond merely measuring urban-rural disparities; (ii) that rurality is most frequently acknowledged in connection with the rights of women, reflecting the sustained work of women’s rights advocates to showcase that intersection, among other dynamics; and (iii) that, in practice and with very few exceptions, rurality is only acknowledged or named in the assessment of countries in the Global South.
      PubDate: Tue, 04 Oct 2022 10:22:26 PDT
       
  • Murdering Crows: Pauli Murray, Intersectionality, and Black Freedom

    • Authors: Lisa A. Crooms-Robinson
      Abstract: What is intersectionality’s origin story and how did it make its way into human rights' Beginning in the 1940s, Pauli Murray (1910–1985) used Jane Crow to capture two distinct relationships between race and sex discrimination. One Jane used the race-sex analogy to show that race and sex were both unconstitutionally arbitrary. The other Jane captured Black women’s experiences and rights deprivations at the intersection of race and sex. Both Janes were based on Murray’s fundamental belief that the struggles against race and sex discrimination were different phases of the fight for human rights.In 1966, Murray was part of the American Civil Liberties Union team that litigated White v. Crook. In White, a three-judge federal district court panel declared Lowndes County, Alabama’s jury selection process discriminated against the county’s Black residents based on both race and sex in violation of the Fourteenth Amendment. What appeared to be an intersectional victory for Black women, was, in fact, an analogical victory for white women. The reasoning and the remedy erased the Black women litigants and the Lowndes County Black Freedom Movement, both of which were essential to the litigation.By situating White in the context of the Lowndes County movement, this Article demonstrates the centrality of Black feminist praxis to the county’s Black Freedom politics. The women in the movement took aim at Jane Crow which personified their intersectional experiences. Freedom for the county’s Black female majority did not require white women’s subjugation. By contrast, white women’s equality was a claim to share power with white men which included the power to maintain Jim and Jane Crow. Therefore, intersectional Jane and analogical Jane were on opposite sides of the fight for Black freedom in Lowndes County where white Jane’s equality required Black Jane to remain unfree.
      PubDate: Tue, 04 Oct 2022 10:22:23 PDT
       
  • Sexual Violence, Intangible Harm, and the Promise of Transformative
           Remedies

    • Authors: Jill C. Engle
      Abstract: This Article describes alternative remedies that survivors of sexual violence can access inside and outside the legal system. It describes the leading restorative justice approaches and recommends one of the newest and most innovative of those—“transformative justice”—to heal the intangible harms of sexual violence. The Article also discusses the intersectional effects of sexual violence on women of color and their communities. It explains the importance of transformative justice’s intersectional approach to redress sexual violence. Transformative justice offers community-based, victim-centric methods that cultivate deep, lasting healing for sexual violence survivors and their communities, with genuine accountability for those who have caused harm. Although transformative justice has developed outside the legal system, its principles and methods are targeted toward the unique, often intangible harms experienced by sexual violence survivors. Therefore, transformative justice remedies should be available alongside and inside the legal system so survivors, their impacted communities, and those who cause harm can benefit from them.
      PubDate: Tue, 04 Oct 2022 10:22:21 PDT
       
  • (G)local Intersectionality

    • Authors: Martha F. Davis
      Abstract: Intersectionality theory has been slow to take root as a legal norm at the national level, even as scholars embrace it as a potent analytical tool. Yet, in recent years, intersectionality has entered law and policy practices through an unexpected portal: namely, local governments’ adoption of international norms. A growing number of local governments around the world explicitly incorporate intersectionality into their law and practice as part of implementing international antidiscrimination norms from human rights instruments like the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Convention on the Elimination of All Forms of Racial Discrimination.This “relocalization” phenomenon—which brings intersectionality back to its roots in domestic law—is visible in many parts of the world. In Europe, cities in Spain proactively integrate intersectional approaches into their local human rights regimes. Outside of Europe, Montréal applies an intersectional analysis under its Charter of Rights and Responsibilities, a local governance document grounded in the values of fundamental human rights and dignity. Human rights cities like Gwangju, Korea, embrace intersectionality as a programmatic imperative. In the United States, San Francisco, Pittsburgh, Los Angeles, and Cincinnati, among others, incorporated intersectional approaches to nondiscrimination in the wake of adopting local CEDAWs.The relocalization process is not always straightforward. Challenges include the difficulties of reconciling local intersectional approaches with national laws that may not recognize intersectionality, and developing indicators tailored to local experiences. On the other hand, local adoption of intersectionality opens up robust possibilities for participation in communities’ legal and political processes, which many local governments emphasize.
      PubDate: Tue, 04 Oct 2022 10:22:18 PDT
       
  • Comment: Understanding Xenophobia as Intersectional Discrimination

    • Authors: Shreya Atrey
      Abstract: This Comment examines the nature of xenophobia and why it seems to fall through the cracks of international human rights law, especially as a form of racial discrimination under the International Convention on the Elimination of All Forms of Racial Discrimination. It considers an understanding of xenophobia as a sui generis case of intersectional discrimination because it has to do with racial grounds but also perhaps other grounds (such as nationality, religion, language, culture, and class), which makes it difficult to disentangle the basis of xenophobic discrimination as based on strictly racial grounds alone.
      PubDate: Tue, 04 Oct 2022 10:22:16 PDT
       
 
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