Date of Publication:
Susan D. Rozelle and Carolyn B. Ramsey, People v. Berry, 556 P.2d 777 (Cal. 1976), in Feminist Judgments: Rewritten Criminal Law Opinions (Bennett Capers et al. eds., Cambridge University Press, 2022)Clicking on the button will copy the full recommended citation.
Date of Publication:
Christine E. Cerniglia et al., Creating Blueprints for Law School Responses to Natural Disasters, in The Cambridge Handbook of Disaster Law and Policy: Risk, Recovery, and Redevelopment (Susan S. Kuo et al. eds., Cambridge University Press, 2022)Clicking on the button will copy the full recommended citation.
A recent onslaught of domestic natural disasters created acute, critical needs for legal services for people displaced and harmed by storms and fires. In 2017, Hurricanes Harvey, Irma, Maria and Michael struck much of Texas, Florida, and Puerto Rico, displacing millions from their homes. Wildfires burned throughout California and tested the capacity of pro bono and legal aid systems across the state. In 2018, Hurricane Florence flooded North Carolina, and Hurricane Michael devastated the Florida Panhandle. California again suffered wildfires, the largest and most devastating in recorded history. Natural disasters are both more common and more destructive, the “new abnormal.”
Social and economic inequities emerge sharply after each natural disaster. Low-income and vulnerable people both suffer more from disasters and experience heightened barriers to accessing the post-disaster resources necessary to survive, rebuild, and return home. Marginalized and vulnerable populations, in particular, need legal assistance and expertise to overcome these barriers.
Natural disasters also inspire law students, law clinics, law schools and law faculty to help. Law school responses to assisting with post-disaster legal needs have been diverse. Some efforts have been law student initiated, while several law school clinics have provided legal assistance in a variety of ways. Some law schools have launched clinics with a devoted budget and strict focus on disaster practice. Some took on disaster work because it was the greatest need for existing clients and communities. Others shifted the focus of existing clinics to disaster needs, and still others launched temporary clinics in various forms to respond to acute crises. Some wanted to help but did not have ready relationships or resources to be responsive.
Each of the authors has direct experience surviving natural disasters and providing legal assistance from within the academy. This article provides necessary information about the nature of natural disasters, the ecosystem of response systems, and common legal issues for law schools and clinical programs interested in providing legal assistance to disaster-affected communities. It then describes varying models of law school institutional responses to increasingly common natural disasters. Building on lessons learned through these experiences, law schools can develop a blueprint for community-engaged disaster response. Building a framework for institutional responses in the legal academy can advance and improve access to justice for vulnerable communities recovering after a disaster and can provide students with an opportunity to learn from this social justice engagement.
Date of Publication:
Kristen David Adams, Understanding Philosophical Movements Law Review Editors May Encounter, in The Scribes Manual for Law Review Editors (Darby Dickerson and Brooke J. Bowman eds., Carolina Academic Press, 2022)Clicking on the button will copy the full recommended citation.
Date of Publication:
Brooke J. Bowman, The Editorial Adventure, in The Scribes Manual for Law Review Editors (Darby Dickerson and Brooke J. Bowman eds., 2022)Clicking on the button will copy the full recommended citation.
Date of Publication:
Robyn Powell, Parents and Children with Disabilities, in Child Welfare Law and Practice: Representing Children, Parents, and State Agencies in Abuse, Neglect, and Dependency Cases (Josh Gupta-Kagan et al. eds., 4th ed., NACC, 2022)Clicking on the button will copy the full recommended citation.
Date of Publication:
Klara Van der Ploeg and Luca Pasquet, The Multifaceted Notion of Time in International Law, in International Law and Time: Narratives and Techniques (Klara Van der Ploeg et al. eds., Springer, 2022)Clicking on the button will copy the full recommended citation.
Although time forms a part of the very bedrock of international law as a legal order and fundamentally determines international law as a practice and discipline, the relationship between time and international law has received only limited attention. To most international lawyers, time appears as simply a technical problem, and mainstream international law doctrine presents international law as essentially atemporal. However, such attitudes obscure the complex temporalities involved in international law and the choices that have underpinned them. Time in international law is profoundly multifaceted, and there is significant intra-disciplinary diversity in the understanding of the relationship between international law and time. Nevertheless, international law and international lawyers may be said to primarily cope and engage with time in two main – albeit intertwined – ways: through the construction of narratives and through the development of legal techniques.
Date of Publication:
Klara Van der Ploeg, International Law Through Time: On Change and Facticity of International Law, in International Law and Time: Narratives and Techniques (Klara Van der Ploeg et al. eds., Springer, 2022)Clicking on the button will copy the full recommended citation.
International law has proved to be a highly dynamic legal order over time. However, dealing with change in international law is both analytically demanding and possibly normatively unsettling. The term ‘change’ regularly refers to distinct dimensions of change in relation to international law, ranging from alterations in its substantive content to the interplay between international law and its underlying social and physical reality. This conceptual heterogeneity has at times convoluted the consideration of the topic. Still, when conceptualizing international law as a process of continuous change over time, ‘practice’ emerges as the key normative vehicle enabling international law’s dynamism. The continuous normative responsiveness of international law to social reality – international law’s ‘facticity’ – actually operates as a defining characteristic of international law. The dynamic processes of change have regularly produced concerns about the stability of international law as a necessary precondition for international law’s capacity to provide a stable framework for social action in the international domain. At the same time, commentators have suggested that international law’s lawmaking tools may be inadequate for the realities of contemporary international relations due to the asynchrony between international law’s formal sources and social acceleration. However, both of these apprehensions seem overstated.
Date of Publication:
Grant Christensen et al., Tribal Court Litigation, in Recent Developments in Business and Corporate Litigation (American Bar Association, Business Law Section, 2021)Clicking on the button will copy the full recommended citation.
Date of Publication:
Royal C. Gardner, Opportunities and Challenges for Synergies Across Biodiversity-Related Conventions in the Context of Human Health and Zoonotic Diseases: The Role of Scientific Advisory Bodies, in Biological Diversity and International Law: Challenges for the Post 2020 Scenario (Mar Campins and Teresa Fajardo eds., Spring Nature, 2021)Clicking on the button will copy the full recommended citation.
This chapter examines the work of the scientific advisory bodies of five biodiversity-related conventions: the Ramsar Convention, Convention on International Trade in Endangered Species, Convention on Migratory Species, Agreement on the Conservation of African-Eurasian Migratory Waterbirds, and Convention on Biological Diversity. It will discuss how the scientific advisory bodies have collaborated in the past, through ad hoc or more formalized approaches, and how they may work more closely together in the future through the emergence of the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES), especially in the context of human health and infectious diseases. In doing so, this chapter considers how the scientific advisory bodies have responded to outbreaks of highly pathogenic avian influenza, Ebola virus disease, and COVID-19. While institutional constraints exist, IPBES provides an opportunity for the scientific advisory bodies—and thus the biodiversity-related conventions themselves—to more effectively emphasize the need for biodiversity conservation as preventive measures for human health and well-being.
Date of Publication:
Ashley Krenelka Chase, The Myth of the Digital Native and Why Millennials are the Best Tech Educators in Law Schools, in Millennial Leadership in Law Schools: Essays on Disruption, Innovation, and the Future (Ashley Krenelka Chase ed., William S. Hein & Co., Inc., 2021)Clicking on the button will copy the full recommended citation.