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Susan D. Rozelle, How to Eat the Elephant in the Legal Academy, 31 Columbia Journal of Gender and the Law 44 (2015)Clicking on the button will copy the full recommended citation.
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Rebecca C. Morgan, An Essay on Reform: Guardianship in the United States, Festschrift in Honor of Dr. Mokoto Arai (2015)Clicking on the button will copy the full recommended citation.
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Grant Christensen, Selling Stories or You Can’t Own This: Cultural Property as a Form of Collateral in a Second Transaction under the Model Tribal Secured Transactions Act, 80 Brook. L. Rev. 1219 (2015)Clicking on the button will copy the full recommended citation.
The Model Tribal Secured Transactions Act was recently proposed by the National Conference of Commissioners on Uniform State Laws. This article takes the position that the model act, if adopted, will encourage economic development in Indian Country by creating a set of uniform rules which both non-Indians and Indians can utilize to promote lending. Critically – before it is widely adopted, this article implores the NCCUSL to consider including in the model act – language that would protect tribal cultural property; and in the absence of such language, encourages tribes to modify the act to accomplish this protection. The stakes include the potential loss of priceless real and personal, tangible and intangible, cultural property which itself form the linchpin of both tribal identity and cultural expression for many indigenous communities in the United States and beyond.
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Brooke J. Bowman, Editor’s Note, 20 Legal Writing iii (2015)Clicking on the button will copy the full recommended citation.
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Kirsten K. Davis, The First Year Legal Writing Course: Praxis Is Pivotal, 28 Second Draft 5 (2015)Clicking on the button will copy the full recommended citation.
This article suggests that the first-year legal writing class is important because it is the primary place where students engage in praxis by exercising judgment about both the means for accomplishing a legal task and the desired ends and enacting their knowledge, skills, and values.
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Klara Van der Ploeg, State Immunity in Jurisprudence of Czech Courts, 5 Czech Yearbook of Public & Private International Law 421 (2014)Clicking on the button will copy the full recommended citation.
This paper discusses the understanding and application of the doctrine of State immunity in the courts of the Czech Republic. In 2008, the Czech Supreme Court reversed its previous conceptualization of State immunity as absolute and introduced a restrictive approach. In doing so, the Court formulated the concept of so-called "functional State immunity", which comparatively sets Czech practice apart from the practice of other States, and could therefore constitute the very contribution of Czech courts to the development of the contemporary doctrine of State immunity in international law. The paper analyzes this concept and the Czech approach more generally through a comparison with other jurisdictions, as well as with jurisprudence of international courts and relevant international instruments. On balance, the Czech State immunity regime is still largely underdeveloped, and many issues remain open for judicial elaboration in future cases.
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Robyn Powell, From the Delivery Room to the Courtroom: Ensuring the Rights of Parents with Disabilities, Health Law Reporter (2014)Clicking on the button will copy the full recommended citation.
This article, an adaption of the Rocking the Cradle report, provides readers with an understanding of this largely overlooked civil rights issue inherent in the discrimination faced by parents with disabilities, focusing on the legal and policy considerations. The first section provides a historical context on the parenting rights of people with disabilities. The following sections examine the four key areas wherein parents and prospective parents with disabilities face discrimination: child welfare, family law, adoption, and assisted reproductive technologies. Finally, the article concludes with a discussion on what Massachusetts is doing to remedy this unjust phenomenon and provides a call to action to Massachusetts advocates and policymakers.
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Dagmar Myslinska, Racist Racism: Complicating Whiteness Through the Privilege & Discrimination of Westerners in Japan, 83 UMKC Law Review 1 (2014)Clicking on the button will copy the full recommended citation.
With no anti-discrimination legislation, strong Confucian-inspired in-group mentality, and a belief in their mono-ethnicity, Japan is marred by a culture of widespread discrimination. Although it has ratified the International Convention for the Elimination of All Forms of Racial Discrimination, and guarantees equality in its Constitution, all those who differ from the closely-circumscribed norm are excluded culturally, and legally. Whites’ position in this milieu is complicated because of the West’s unique historical relationship with Japan, and due to the perception of white global dominance. Although admired and arguably privileged over other outsiders, Caucasians are nevertheless mocked and discriminated against - openly, frequently, and with impunity. The concept of racism, as funneled through critical race theory’s (“CRT”) reliance on homogeneous white privilege, lacks dialectic space to address their experiences of discrimination. Yet both CRT analytical tools and desire for praxis, and Confucian respect for human dignity have much to offer in expanding discrimination discourse, exposing the concept of racism as Western-centric, supporting equality, and giving voice to victims who do not fit the victim norm. In the process, this enlarged theoretical and analytical space can help alleviate Japan’s labor shortage, prompting multi-faceted reforms, and achieving true Confucian harmony and democracy. I propose to create new discourse, situated within expanded CRT and whiteness studies, while providing analytical coverage to a group of Caucasians rarely mentioned in popular or scholarly literature. Definitions of “the other” and “white privilege” need to move away from monolithic notions of race and power, which are white-centric and racist themselves.
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Anne E. Mullins, The Flipped Classroom: Fad or Innovation, 92 University of Or. L. Rev. Online 101 (2014)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, Introduction: White Collar Crime, Federal Criminal Law, and Business Crimes Pedagogy, 11 Ohio St. J. Crim. L. 751 (2014)Clicking on the button will copy the full recommended citation.