In Defense of Scholarship Article
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Elizabeth Berenguer, In Defense of Scholarship, 27 Second Draft 4 (2013)Clicking on the button will copy the full recommended citation.
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Elizabeth Berenguer, In Defense of Scholarship, 27 Second Draft 4 (2013)Clicking on the button will copy the full recommended citation.
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Jason S. Palmer and Arturo J. Carillo, Transnational Mass Claims Processes in International Law and Practice, 25 Berkeley Journal of International Law 343 (2013)Clicking on the button will copy the full recommended citation.
This article recognizes a growing overlap in the literature between international mass claims processes (“IMCPS”) and transitional justice claims processes (“TJCPs”), i.e. domestic reparations programs adopted by successor governments in the wake of mass atrocity. This convergence is reflected in a number of recent publications in both fields that promote the comparative analysis of IMCPs and TJCPs, which in turn, leads to the conclusion that the two processes share a number of analogous characteristics. Commentators tend to view these ostensibly shared traits as a natural source of “best practices” or “lessons” transferable between mass claims procedures in the international and domestic settings. Consequently, it is not uncommon in recent publications to find detailed analyses of individual IMCPs placed alongside TJCPs, often without more, implying that experiences should naturally translate from one process to the other. In this article, Professors Jason Palmer and Arturo Carrillo demonstrate how several of the assumptions underlying the increasing comparisons of IMCPs and TJCPs, as presented in the recent literature on mass claims processing and reparations for gross and systematic human rights violations, are flawed. Building on an in-depth study of seminal IMCP and TJCP experiences, Professor Palmer and Professor Carrillo conduct a comprehensive analysis of the two categories to provide answers to key questions in this regard: To what extent are IMCPs and TJCPs truly comparable? Which IMCP principles and precedents are most relevant to domestic reparations programs? Are there principles and precedents from the TJCP context that might nourish ongoing or future IMCP initiatives? And, of course, to what extent are IMCPs and TJCPs different? What is the nature of these differences, and what do they tell us about the underlying compatibility of the experiences and mechanisms contrasted? In answering these questions, the article exposes a number of inherent limitations to the comparison of IMCPs and TJCPs that to date have remained unaddressed. The article demonstrates that a number of basic IMCP characteristics apparently shared with TJCPs provide a dubious foundation for constructive comparison, including that central component of most mass claims processes: compensation. At the same time, the authors delineate more clearly a narrow but promising path of intriguing synergies, labeled “true parallels,” establishing furthermore that such parallels represent avenues for potential cross-fertilization in both directions.
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Ann Piccard, Death by Boarding School: “The Last Acceptable Racism” and the United States’ Genocide of Native Americans, 49 Gonz. L. Rev. 137 (2013)Clicking on the button will copy the full recommended citation.
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Darryl Wilson and Cynthia Hawkins DeBose, Mastering Property Law (Carolina Academic Press, 2013)Clicking on the button will copy the full recommended citation.
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Royal C. Gardner, International Environmental Law, 47 American Bar Association Section of International Law Year in Review 435 (2013)Clicking on the button will copy the full recommended citation.
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Ciara Torres-Spelliscy, Taking Opt-In Rights Seriously: What Knox v. SEIU Could Mean for Post-Citizens United Shareholder Rights, 74 Mont. L. Rev. 101 (2013)Clicking on the button will copy the full recommended citation.
This article will explore the implications of the Supreme Court’s disparate treatment of similarly-situated, politically active corporations and unions. Two paths lead to more equitable treatment of these two groups: either (1) corporate political speech should be regulated more or (2) union political speech should be regulated less. This piece argues in favor of the former. In particular, corporate political spending lacks the transparency and consent mechanisms present in union political spending. Policymakers should address both of these failings in the corporate context.
The Roberts Supreme Court’s asymmetrical treatment of corporations and unions was on full display in the 2011–2012 term. American Tradition Partnership, Inc. v. Bullock coupled with Knox v. Service Employees International Union, Local 1000 demonstrates that a double standard persists between corporations, who are now privileged speakers in the Court’s eyes, and unions, who are currently disfavored speakers. The Supreme Court imposes different degrees of consent from corporations’ and unions’ constituent parts before they electioneer. Under U.S. law, corporations are not required to get consent from their shareholders before the corporate entity speaks politically using corporate funds. By contrast, public-sector unions must receive nonmembers’ consent before political spending in certain circumstances.
With the Supreme Court unlikely to change legal positions on this issue until the Court’s composition itself changes, the responsibility to foster more equitable regulations for corporations is left to the American electorate, Congress, the States, and executive agencies, such as the Securities and Exchange Commission (“SEC”), which must work within the boundaries of current precedent. The Supreme Court’s ruling in Knox requiring opt-ins for union political expenditures provides an additional basis for arguing that publicly traded American corporations should likewise marshal shareholder consent before corporate political expenditures are made.
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Ashley Krenelka, Copyrights and Fair Use in For-Profit Academic Libraries, 54 Reference Librarian 220– (2013)Clicking on the button will copy the full recommended citation.
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Cynthia Hawkins DeBose, Adoption: Transracial/Transnational, in Multicultural America: A Multimedia Encyclopedia (Carlos E. Cortes ed., Sage, 2013)Clicking on the button will copy the full recommended citation.
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Will Bunting et al., At America’s Expense: The Mass Incarceration of the Elderly, in More Than Race: Minority Issues in Criminal Justice (Howard Henderson ed., Cognella Academic Publishing, 2013)Clicking on the button will copy the full recommended citation.
Elderly prisoners are twice as expensive to incarcerate as the average prisoner and pose little danger to society, yet the population of elderly prisoners in the United States is exploding. Our extreme sentencing policies and a growing number of life sentences have effectively turned many of our correctional facilities into veritable nursing homes — and taxpayers are paying for it.
This increasing warehousing of aging prisoners for low-level crimes and longer sentences is a nefarious outgrowth of the “tough on crime” and “war on drugs” policies of the 1980s and 1990s. Given the nation’s current overincarceration epidemic and persistent economic crisis, lawmakers should consider implementing parole reforms to release those elderly prisoners who no longer pose sufficient safety threats to justify their continued incarceration.
A new ACLU report, “At America's Expense: The Mass Incarceration of the Elderly,” makes a number of data-driven findings and issues recommendations for reform.
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Linda S. Anderson, Legislative Oppression: Restricting Gestational Surrogacy to Married Couples is an Attempt to Legislate Morality, 42 U. Balt. L. Rev. 611 (2013)Clicking on the button will copy the full recommended citation.