| Author | Title | Citation | Summary | Year | Key Terms |
| Sumaya H. Bouadi |
DOMESTIC VIOLENCE, THE INDIAN CHILD WELFARE ACT, AND ALASKA NATIVES: HOW DOMESTIC VIOLENCE IS WEAPONIZED AGAINST ALASKA NATIVE SURVIVORS |
33 Yale Journal of Law & Feminism 169 (2021) |
After the forced separation of Indian families, Congress passed the Indian Child Welfare Act (ICWA) to create heightened procedural protections to maintain and preserve Indian families. Following Adoptive Couple v. Baby Girl, 570 U.S. 637 (2013), courts have indicated concern that the heightened standards of ICWA may be overbroad and harm... |
2021 |
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DOUBLE JEOPARDY |
50 Georgetown Law Journal Annual Review of Criminal Procedure 550 (2021) |
The Double Jeopardy Clause of the Fifth Amendment states no person shall be subject for the same offense to be twice put in jeopardy of life or limb. The Clause protects against (1) a second prosecution for the same offense after an acquittal; (2) a second prosecution for the same offense after a conviction; and (3) multiple punishments for the... |
2021 |
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| Ann M. Eisenberg |
ECONOMIC REGULATION AND RURAL AMERICA |
98 Washington University Law Review 737 (2021) |
Rural America today is at a crossroads. Widespread socioeconomic decline outside cities has fueled the idea that rural communities have been left behind. The question is whether these left behind localities should be allowed to dwindle out of existence, or whether intervention to attempt rural revitalization is warranted. Many advocate... |
2021 |
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| James M. Grijalva |
ENDING THE INTERMINABLE GAP IN INDIAN COUNTRY WATER QUALITY PROTECTION |
45 Harvard Environmental Law Review 1 (2021) |
Tribal self-determination in modern environmental law holds the tantalizing prospect of translating indigenous environmental value judgments into legally enforceable requirements of federal regulatory programs. Congress authorized this approach three decades ago, but few tribes have sought primacy even for foundational programs like Clean Water Act... |
2021 |
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| Nicholas J. Fordice, Hannah T. Nguyen, Julie Metkus, Dylan C. McDevitt, David Tannenbaum, Tate Curington, Elizabeth McCready |
ENVIRONMENTAL CRIMES |
58 American Criminal Law Review 821 (Summer, 2021) |
I. Introduction. 823 A. Criminal Versus Civil Penalties. 824 B. Criminal Enforcement. 826 C. Interaction with Other Criminal Violations. 827 II. General Issues. 827 A. Overview of the Elements of an Environmental Criminal Violation. 827 B. Liability. 828 1. Individual Liability. 828 2. Corporate Liability. 830 C. Common Defenses. 831 1.... |
2021 |
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| Susan Filan |
EPIDEMIC HIDING IN PLAIN SIGHT |
57-AUG Arizona Attorney 44 (July/August, 2021) |
Violence against Indigenous women and girls in the U.S. exceeds that of any other population in the country. The epidemic is so severe it has its own acronym--MMIWG--which stands for Missing and Murdered Indigenous Women & Girls. The MMIWG movement has arisen because law enforcement's response is inadequate and antiquated. This hidden crisis is... |
2021 |
|
| Lucy Dempsey |
EQUITY OVER EQUALITY: EQUAL PROTECTION AND THE INDIAN CHILD WELFARE ACT |
77 Washington and Lee Law Review Online 411 (April 19, 2021) |
In 2018, a Texas District Court shocked the nation by declaring the Indian Child Welfare Act (ICWA) unconstitutional pursuant to the Equal Protection Clause of the U.S. Constitution. The decision was overturned by the Fifth Circuit but may well be appealed to the U.S. Supreme Court. The ICWA provides a framework for the removal and placement of... |
2021 |
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| Casey R. Ross , Director of the American Indian Law and Sovereignty Center and Clinical Professor, Oklahoma City University School of Law |
ESTATE PLANNING IN INDIAN COUNTRY MORE IMPORTANT THAN EVER |
42 Bifocal 72 (March-April, 2021) |
Estate planning is important for everyone. But, in tribal communities, estate planning is among the most important legal issues that impact individual native people. In a pre-pandemic world, the stakes are high for ensuring access to estate planning services in Indian Country. Post-pandemic, the stakes feel even higher. The American Indian Law and... |
2021 |
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EY GLOBAL DESK |
32 Journal of International Taxation 06 (July, 2021) |
On 27 April 2021, the Argentine federal tax authorities (AFIP) published, in the Official Gazette, Resolution 4976/2021 (Resolution 4976), which sets forth the procedure individuals and companies must follow to register real estate projects for the promotionalregime for construction. It also establishes the procedure for declaring local and foreign... |
2021 |
|
| Trevor G. Reed |
FAIR USE AS CULTURAL APPROPRIATION |
109 California Law Review 1373 (August, 2021) |
Over the last four decades, scholars from diverse disciplines have documented a wide variety of cultural appropriations from Indigenous peoples and the harms these have inflicted. Copyright law provides at least some protection against appropriations of Indigenous culture--particularly for copyrightable songs, dances, oral histories, and other... |
2021 |
|
| Jessica A. Shoemaker |
FEE SIMPLE FAILURES: RURAL LANDSCAPES AND RACE |
119 Michigan Law Review 1695 (June, 2021) |
Property law's roots are rural. America pursued an early agrarian vision that understood real property rights as instrumental to achieving a country of free, engaged citizens who cared for their communities and stewarded their physical place in it. But we have drifted far from this ideal. Today, American agriculture is industrialized, and rural... |
2021 |
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| Pamela Foohey , Nathalie Martin |
FINTECH'S ROLE IN EXACERBATING OR REDUCING THE WEALTH GAP |
2021 University of Illinois Law Review 459 (2021) |
Research shows that Black, Latinx, and other minorities pay more for credit and banking services, and that wealth accumulation differs starkly between their households and white households. The link between debt inequality and the wealth gap, however, remains less thoroughly explored, particularly in light of new credit products and debt-like... |
2021 |
|
| Eric K. Yamamoto , Susan K. Serrano |
FOREWORD TO THE REPUBLICATION OF RACIALIZING ENVIRONMENTAL JUSTICE |
92 University of Colorado Law Review 1383 (Special Issue 2021) |
Systemic racism! The burgeoning 2020 Black Lives Matter protests vaulted this formerly whispered phrase into mainstream public consciousness. Through news headlines, social media, educational classes, opinion essays, word of mouth, and more, America grappled with the enormity of racism as a form of oppression of people and communities, as... |
2021 |
|
| Melodie Meyer |
FRACKING IN PUEBLO AND DINÉ COMMUNITIES |
39 UCLA Journal of Environmental Law & Policy 89 (2021) |
Fracking must be regulated from a tribal perspective and ultimately phased out by renewable energy sources in order to prevent environmental contamination and threats to health and safety. Like many other components of extractive industry, fracking disproportionately harms indigenous communities due to the socioeconomic status of indigenous... |
2021 |
|
| Yuri G. Mantilla |
FRANCISCO DE VITORA'S NORMATVE IDEAS AND THE BEGINNINGS OF INTERNATIONAL LAW: A COLONIAL ETHNOCENTRIC DISCOURSE, OR A BONA FIDE EFFORT TO CONSTRUCT JUST INTERNATIONAL NORMS? |
44 Loyola of Los Angeles International and Comparative Law Review 43 (Summer, 2021) |
The fragmentation of international law, its legal positivist foundation, and the influence of critical approaches in its deconstruction has shaped debates about international law's present and future. To properly understand prevalent international normative ideas and to think about potential improvements in constructing a just normative... |
2021 |
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| Rachael Paschal Osborn |
FROM LOON LAKE TO CHUCKANUT CREEK: THE RISE AND FALL OF ENVIRONMENTAL VALUES IN WASHINGTON'S WATER RESOURCES ACT |
11 Washington Journal of Environmental Law & Policy 115 (January, 2021) |
How does one put a dollar value on being in the presence of crystal clear water coursing down a steep slope through a rock-lined, moss-edged stream bed among evergreen trees, for example? While commercial uses of the state's instream flows might be made--tourism and paid-for recreation, for example--such uses do not entail the total benefits... |
2021 |
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| Darryl Li |
GENRES OF UNIVERSALISM: READING RACE INTO INTERNATIONAL LAW, WITH HELP FROM SYLVIA WYNTER |
67 UCLA Law Review 1686 (April, 2021) |
Taking note of the relatively limited accounts of race in contemporary international legal doctrine, this Article posits a thought experiment: What would international legal theorizing look like not from the place of the metropole or the colony, but rather from the journey of the enslaved, from the barracoon to the hold of the slave ship to the... |
2021 |
|
| Jared Green |
GOING OFF THE RAILS ON THE MAYAN TRAIN: HOW AMLO'S DEVELOPMENT PROJECT IS ON A FAST TRACK TO MULTIPLE VIOLATIONS OF INDIGENOUS RIGHTS |
36 American University International Law Review 845 (2021) |
I. INTRODUCTION. 847 II. BACKGROUND. 848 A. The Mayan Train. 848 B. Principal Organs of the Inter-American Human Rights System. 853 C. The Inter-American System's Relevant Legal Obligations Regarding Indigenous Rights. 855 i. The Right to Property under Article 21 of the ACHR. 855 ii. The Right to Equal Protection of the Law and to Judicial... |
2021 |
|
| Ruth L. Okediji |
GRAFTING TRADITIONAL KNOWLEDGE ONTO A COMMON LAW SYSTEM |
110 Georgetown Law Journal 75 (October, 2021) |
Modern legal systems are not usually designed to protect Indigenous traditional knowledge or traditional cultural expressions but are, more often, historically complicit in their misuse or suppression. The undefined status of traditional knowledge has left Indigenous communities vulnerable to harms not readily cognizable by either common or civil... |
2021 |
|
| Nicholas R. Parrillo, Yale Law School, New Haven, CT, USA, doi:10.1093/ajlh/njab013, Advance Access Publication Date: 20 September 2021 |
GREGORY ABLAVSKY, FEDERAL GROUND: GOVERNING PROPERTY AND VIOLENCE IN THE FIRST U.S. TERRITORIES (NEW YORK: OXFORD UNIVERSITY PRESS, 2021) PP 360. USD 39.95 (HARDCOVER). ISBN 978-0190905699 |
61 American Journal of Legal History 338 (September, 2021) |
This is a legal, constitutional, political, and administrative history of the first two US federal territories: the Northwest Territory, from its organization in 1787 until part of it became a state (Ohio) in 1803; and the Southwest Territory, from its organization in 1790 through its early years of being the state of Tennessee starting in 1796.... |
2021 |
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| Sascha Dov Bachmann , Ikechukwu P. Ugwu |
HARDIN'S 'TRAGEDY OF THE COMMONS': INDIGENOUS PEOPLES' RIGHTS AND ENVIRONMENTAL PROTECTION: MOVING TOWARDS AN EMERGING NORM OF INDIGENOUS RIGHTS PROTECTION? |
6 One J: Oil and Gas, Natural Resources, and Energy Journal 547 (May, 2021) |
Most of the world's natural resources can be found on the territories of indigenous peoples. This puts indigenous peoples in a position where they are not only subjected to environmental hazards, as a result of the mining and exploitation of these resources, but are also denied the use and control of these resources. In addition, the proximity to... |
2021 |
|
| Ann E. Tweedy |
HAS FEDERAL INDIAN LAW FINALLY ARRIVED AT "THE FAR END OF THE TRAIL OF TEARS"? |
37 Georgia State University Law Review 739 (Spring, 2021) |
This Article examines the United States Supreme Court's July 9, 2020 decision in McGirt v. Oklahoma, which held that the historic boundaries of the Creek reservation remain intact, and argues that the decision may signal a sea change in the course of federal Indian law of the magnitude of Obergefell v. Hodges in the LGBT rights arena. The Article... |
2021 |
|
| Troy J.H. Andrade |
HAWAI'I '78: COLLECTIVE MEMORY AND THE UNTOLD LEGAL HISTORY OF REPARATIVE ACTION FOR KNAKA MAOLI |
24 University of Pennsylvania Journal of Law and Social Change 85 (2021) |
Constructed from years of archival and legal research, and in-depth interviews, this Article unearths the story of Native Hawaiians who, tired of failed promises and hollow apologies, in 1978 capitalized on an indigenous cultural and political revival to change the law and secure reparative action. The Native Hawaiian community... |
2021 |
|
| John F. Clark , President and CEO, The National Center for Missing & Exploited Children |
HELP FOR MISSING AMERICAN INDIAN AND ALASKA NATIVE CHILDREN |
69 Department of Justice Journal of Federal Law and Practice 5 (January, 2021) |
A tribal court was so concerned about the welfare of four children, ages 5, 6, 11, and 14, that it removed them from their home and placed them with a family outside the reservation for their protection. Their mother was ordered to have absolutely no contact with them. It wasn't long before an AMBER Alert was issued in Wyoming, underscoring why the... |
2021 |
|
| Trevor W. Carolan |
HON. DIANE J. HUMETEWA |
68-APR Federal Lawyer 24 (March/April, 2021) |
When entering Judge Diane J. Humetewa's chambers at the Sandra Day O'Connor Courthouse in Phoenix, one is immersed in décor encapsulating the beauty and diversity of Arizona--petrified wooden tables, turquoise Native American pottery, assorted cacti, and art depicting the vast Grand Canyon. This rich landscape has been the backdrop of Judge... |
2021 |
|
| Conor J. Hyatt |
HONG KONG SMALL HOUSE POLICY: MODERNITY, CRISIS MORALITY & POLICIES FOR REPAIR |
4 Cardozo International & Comparative Law Review 763 (Winter, 2021) |
C1-3Table of Contents I. Introduction. 763 II. Modern Hong Kong: Land Use and Residency. 766 A. Topography and Land Availability. 766 B. Hong Kong Land Leasing and Taxation. 767 C. Population Density. 768 D. Public vs. Private Housing Market. 768 E. History of The New Territories. 769 III. The Small House Policy (SHP). 771 IV. Modern SHP and... |
2021 |
|
| Kaleah M. Ault |
HOW THE WEST WAS LOST: TRIBAL CRIMINAL JURISDICTION MUST CHANGE TO DEAL WITH SEXUAL ASSAULT, NATIVE AMERICAN WOMEN, AND CHANGING TIMES |
34 DCBA Brief 20 (September/October, 2021) |
Much like how the United States grappled with slavery, it has struggled in its relations to Native Americans since the beginning of its tumultuous relationship with them. The jurisdictional imbroglio between the United States government and Native American tribes, formed in the forges of distrust, dishonesty, and genocidal endeavor, has been deeply... |
2021 |
|
| Marcia Zug |
ICWA'S IRONY |
45 American Indian Law Review 1 (2021) |
The Indian Child Welfare Act (ICWA or the Act) is a federal statute that protects Indian children by keeping them connected to their families and culture. The Act's provisions include support for family reunification, kinship care preferences, cultural competency considerations and community involvement. These provisions parallel national child... |
2021 |
|
| James G. Devaney, Christian J. Tams, University of Glasgow, Scotland, University of Glasgow, Scotland |
IN RE ARBITRATION BETWEEN THE ITALIAN REPUBLIC AND THE REPUBLIC OF INDIA CONCERNING THE "ENRICA LEXIE" INCIDENT. PCA CASE NO. 2015-28. AWARD. UN CONVENTION ON THE LAW OF THE SEA ANNEX VII TRIBUNAL, MAY 21, 2020 |
115 American Journal of International Law 513 (July, 2021) |
On May 21, 2020, a Tribunal established under Annex VII of the United Nations Convention on the Law of the Sea (UNCLOS) rendered an Award regarding the 2012 Enrica Lexie incident, which involved the death of two Indian fishermen at the hands of Italian Marines. The Award is lengthy and wide-ranging, finding that: (1) Italy and India had concurrent... |
2021 |
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| Irina D. Manta , Cassandra Burke Robertson |
INALIENABLE CITIZENSHIP |
99 North Carolina Law Review 1425 (September, 2021) |
Over the last decade, citizenship in the United States has become increasingly precarious. Denaturalization cases increased under President Obama and skyrocketed under President Trump. No number of years spent in the United States protects individuals against sudden accusations that they procured citizenship fraudulently or were never eligible for... |
2021 |
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| Margaret Schaff |
INDIAN COUNTRY AND THE AMERICAN ENERGY ECONOMY |
36-FALL Natural Resources & Environment 9 (Fall, 2021) |
Until the pandemic, my legal career involved traveling to visit American Indian (hereinafter Indian) tribes to address their energy issues and projects. Staying home this year, I reflected on the historical arc of Indian country's participation in the American energy economy and the future with a changing climate. Despite federal Indian policies in... |
2021 |
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| Elizabeth Kronk Warner , Heather Tanana |
INDIAN COUNTRY POST-MCGIRT: IMPLICATIONS FOR TRADITIONAL ENERGY DEVELOPMENT AND BEYOND |
45 Harvard Environmental Law Review 249 (2021) |
The decision in McGirt v. Oklahoma is being heralded as the most important Indian law decision of the last 100 years, as it affirmed the reservation boundaries of the Muscogee (Creek) Reservation--an area long considered by many to be under Oklahoma's jurisdiction. Following release of the U.S. Supreme Court's decision, the outcry from the oil and... |
2021 |
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| Aila Hoss |
INDIANA'S INDIAN LAWS: INDIGENOUS ERASURE AND RACISM IN THE LAND OF THE INDIANS |
30-SPG Kansas Journal of Law & Public Policy 184 (Spring, 2021) |
In response to a request for funding on Tribal and Indian law research, a director level position from Indiana University who reviewed a draft of the proposal stated that the author needed to clear why a team from the middle of Indiana is positioned to conduct this research and that it is her job to point out the obvious. In the author's... |
2021 |
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| Sonal Chhugani |
INDIA'S AADHAAR CARD--A VIOLATION OF INDIAN CITIZEN'S RIGHT TO PRIVACY |
4 Cardozo International & Comparative Law Review 733 (Winter, 2021) |
C1-3Table of Contents I. Introduction. 733 II. The Aadhaar Card. 736 A. Introduction to the Card and It's Processes. 736 1. Data Security. 737 2. Profiling. 740 3. Surveillance. 740 B. India's Right to Privacy and the Recent Indian Supreme Court Ruling. 741 III. International Right to Privacy Established Under the International Covenant on Civil... |
2021 |
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| Jason Anthony Robison |
INDIGENIZING GRAND CANYON |
2021 Utah Law Review 101 (2021) |
The magical place commonly called the Grand Canyon is Native space. Eleven tribes hold traditional connections to the canyon according to the National Park Service. This Article is about relationships between these tribes and the agency--past, present, and future. Grand Canyon National Park's 2019 centennial afforded a valuable opportunity to... |
2021 |
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| Trevor Reed |
INDIGENOUS DIGNITY AND THE RIGHT TO BE FORGOTTEN |
46 Brigham Young University Law Review 1119 (2021) |
C1-2Contents Introduction. 1119 I. Hopi Forgetting: A Case Study. 1123 II. Theorizing Anonymous Care. 1128 III. Understanding Indigenous Erasure. 1133 IV. Toward an Indigenous Right to Be Forgotten. 1138 Conclusion. 1146 |
2021 |
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| Kristen Carpenter , Alexey Tsykarev |
INDIGENOUS PEOPLES AND DIPLOMACY ON THE WORLD STAGE |
115 AJIL Unbound 118 (2021) |
Indigenous Peoples are emerging as diplomats on the world stage. With states relinquishing some soft power space to non-state actors, the role of Indigenous Peoples in international diplomacy and particularly human rights diplomacy is both distinctive and important. Indigenous Peoples are neither states nor international organizations nor NGOs;... |
2021 |
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| Dr. Daniel Rietiker |
INDIGENOUS PEOPLES' RIGHT TO WATER IN TIMES OF COVID-19: ASSESSMENT OF THE PROTECTION UNDER INTERNATIONAL LAW AND RECOMMENDATIONS FOR HUMAN RIGHTS LITIGATION |
44 Suffolk Transnational Law Review 1 (Winter, 2021) |
While rivers flow through Navajo lands and are used to irrigate golf courses in Phoenix, the Navajo lack legal entitlement to that water and amidst the coronavirus crisis, cannot even get sufficient plumbing to wash their hands. Indigenous peoples have suffered and continue to suffer from human rights abuses more than the rest of the population.... |
2021 |
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| Grant Christensen |
INDIGENOUS PERSPECTIVES ON CORPORATE GOVERNANCE |
23 University of Pennsylvania Journal of Business Law 902 (2021) |
Introduction. 903 I. The Traditional Model of Corporate Governance. 908 A. The Origins of Shareholder Primacy. 910 B. The Intervening Role of the Business Judgment Rule. 912 II. The Need to Rethink Shareholder Primacy. 914 III. Indigenous Corporations. 917 A. Chthonic or Autochthonous Law. 918 B. Autochthonous Governance. 923 1. Indigenous... |
2021 |
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| Mary Jane Angelo , J.W. Glass |
INTEGRATED ESTUARY GOVERNANCE |
45 William and Mary Environmental Law and Policy Review 455 (Winter, 2021) |
Estuaries are complex, dynamic ecosystems that play a critical role in supporting crucial economic industries, such as commercial fishing and tourism, and providing the resources necessary to sustain coastal communities. A range of anthropogenic environmental stressors are threatening the health of estuaries throughout the world. Traditional... |
2021 |
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| Railla Veronica D. Puno |
INTEGRATING SOCIAL AND ENVIRONMENTAL SAFEGUARDS IN THE IMPLEMENTATION OF THE PARIS AGREEMENT'S SUSTAINABLE DEVELOPMENT MECHANISM |
51 Environmental Law 205 (Spring, 2021) |
Climate change is without a doubt the single most daunting challenge of our time. The impacts of climate change are already being felt and indicators show that they are here to stay. While early projections demonstrate that the Paris Agreement falls short of the efforts needed in the face of the looming climate crisis, the inclusion of new... |
2021 |
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| Colin McKenzie |
INTEGRATING THE LAW OF THE RIO CHAMA THROUGH INSTITUTIONAL ONTOLOGIES OF THE MIDDLE RIO GRANDE BASIN |
61 Natural Resources Journal 253 (Summer, 2021) |
Terror is lawfulness, if law is the law of the movement of some suprahuman force, Nature or History. * * * If the essence of government is defined as lawfulness, and if it is understood that laws are the stabilizing forces in the public affairs of men (as indeed it always has been since Plato invoked Zeus, the god of the boundaries, in his Laws),... |
2021 |
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| Valentina Vadi |
INTER-CIVILIZATIONAL APPROACHES TO INVESTOR-STATE DISPUTE SETTLEMENT |
42 University of Pennsylvania Journal of International Law 737 (Spring, 2021) |
After having described the main features of investor-state arbitration and the key challenges it is facing, this Article investigates whether arbitral tribunals can be analogised to global constitutional courts, or whether they are analogous to other international tribunals. It then examines the promises and pitfalls of constitutional theories of... |
2021 |
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| Greta Carlson |
INTERNATIONAL LAW IN THE ARCTIC: LOOMING CONFLICTS OVER RESOURCES, SHIPING, AND REGIONAL INFLUENCE |
24 Currents: Journal of International Economic Law 92 (2021) |
The Arctic region's strategic location and natural resources make it a place of increasing interest for many countries--both Arctic and non-Arctic. Global warming has revealed previously inaccessible sea routes and natural resources. The United Nations Convention on the Law of the Sea (UNCLOS) provides a mechanism by which Arctic coastal countries... |
2021 |
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| Christopher Rossi |
INTERSTITIAL SPACE AND THE HIGH HIMALAYAN DISPUTE BETWEEN CHINA AND INDIA |
62 Harvard International Law Journal 429 (Summer, 2021) |
A border dispute between Indian and Chinese troops, the most dangerous in forty-five years, has roiled relations in the High Himalayan valleys and plateaus separating India (Ladakh) and China (Aksai Chin). Against this barren landscape, ancient pathways connecting Central, South, and East Asia converge, making the area today a key nodal point of... |
2021 |
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| Mary Kathryn Nagle |
INTRODUCTION |
56 Tulsa Law Review 363 (Spring, 2021) |
On the far end of the Trail of Tears was a promise. The Supreme Court's decision to uphold this promise--a promise that the U.S. Constitution declares to be the supreme law of the land --has inspired more celebration, poetry, and tears than quite possibly any other U.S. Supreme Court case concerning tribal nations in the Court's entire 230... |
2021 |
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| S. James Anaya , Antony Anghie |
INTRODUCTION TO THE SYMPOSIUM ON THE IMPACT OF INDIGENOUS PEOPLES ON INTERNATIONAL LAW |
115 AJIL Unbound 116 (2021) |
The field of Indigenous Peoples' rights has transformed international law. This is reflected in recent developments relating to Indigenous Peoples across a range of areas of international law. For example, in addition to the adoption of international instruments specifically concerning Indigenous Peoples, the United Nations and regional authorities... |
2021 |
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| Monica C. Bell , Katherine Beckett , Forrest Stuart |
INVESTING IN ALTERNATIVES: THREE LOGICS OF CRIMINAL SYSTEM REPLACEMENT |
11 UC Irvine Law Review 1291 (August, 2021) |
What logics underlie the call to defund the police, and how do those logics matter in policy debate? In the wake of widespread protests after the deaths of George Floyd, Breonna Taylor, and other victims of police violence during the summer of 2020, the Black Lives Matter movement's call to defund the police captured the national imagination.... |
2021 |
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| James Fischer |
IS ONLINE SPORT BETTING ILLEGAL IN CALIFORNIA? |
18 Hastings Business Law Journal 61 (Winter 2021) |
C1-2Table of Contents I. Introduction. 61 II. History of Gambling in California. 64 A. Horse racing. 65 B. Cardrooms. 65 C. Lottery. 66 D. Tribal Casinos. 68 E. Other Forms of Gambling. 69 F. Sports Betting. 69 III. The California Constitution. 70 IV. The California Penal Code. 78 A. Customer's Conduct. 79 B. Debbie's Conduct. 89 V. California... |
2021 |
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| James R. Steiner-Dillon |
IS TRUTH TRUTH? |
109 Kentucky Law Journal 477 (2020-2021) |
Truth isn't truth, Rudy Giuliani infamously asserted. Though critiqued as a manifestation of the alternative facts mindset in a post-truth era, Giuliani's words, taken in context, embody a practitioner's insight into several compelling theoretical questions concerning the nature of legal truth and the construction of facts by legal... |
2021 |
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