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Good Trouble, Necessary Trouble: A Call to Create Identity Affirming Spaces for Black Youth to Grow As Agents of Change in Early Childhood and Elementary School Classrooms
Get PDFIn their early years, youth begin to notice race, develop attitudes related to race, form their own racial identity, and make decisions based on race. Adults can play a critical role in teaching about and affirming Black children’s developing identities. As educators passionate about the success and wellbeing of Black children, we envision spaces where energy is divested from surveilling, suspending, and expelling Black children and energy is invested in working to address educational injustices, particularly through the cultivation of identity affirming spaces for Black youth to grow as agents of change. In this paper, we share how the first author worked virtually with elementary and middle school students during the COVID-19 pandemic. The students in the class read complex texts, asked and answered questioned, and used information gained from the text as well as their lived experiences to better understand and confront injustices in order to imagine future possibilities for Black youth in and outside the classroom. We conclude with a discussion of the possibilities of cultivating identity affirming spaces in early childhood and elementary school classrooms. With young activists at the center, we can dream up spaces where activism is encouraged, sociopolitical identities are formed, and “good trouble, necessary trouble” becomes the foundation for systems-level change
The Emergency Next Time
Get PDFThis Article offers a new conceptual framework to understand the connection between law and violence in emergencies. It is by now well-established that governments often commit state violence in times of national security crisis by implementing excessive emergency measures. The Article calls this type of legal violence “Emergency-Affirming Violence.” But Emergency Violence can also be committed through governmental non-action. This type of violence, which this Article calls, “Emergency-Denying Violence,” has manifested in the crisis of the COVID-19 pandemic.
The Article offers a taxonomy to better understand the phenomenon of Emergency Violence. Using 9/11 and COVID-19 as examples, the Article proposes that there are two types of Emergency Violence: Emergency-Affirming Violence and Emergency-Denying Violence. Emergency-Affirming Violence occurs when the government (1) declares and emphasizes the magnitude of an emergency; (2) calls for robust deference to experts; and (3) aggressively pursues emergency measures. Emergency-Denying Violence, by contrast, occurs when the government (1) denies or minimizes the existence of an emergency; (2) ignores or undermines experts; and (3) declines to take significant emergency measures. The Article demonstrates how the three branches of government can engage in both types of Emergency Violence.
Analyzing the legal responses to the two national crises of 9/11 and COVID-19 side-by-side, the Article underscores the vulnerable individuals and communities against whom Emergency Violence is unleashed via both Emergency-Affirming and Emergency-Denying Violence
Understanding Loss of (Right To) Use Damages: Defining Fair and Reasonable Compensation for Loss of Use in Light of Historical Origins and Practical Considerations
Get PDFLoss of use is fundamentally about the denial of property rights regardless of its intended use. Property ownership vests the owner with certain intrinsic rights, including the right to use or not use. When they are deprived of that choice through the tortious conduct of another, that deprivation is compensable. This Article reviews the historical origins of loss of use law to determine that tort victims denied the right to use their property must be compensated regardless of how they would have chosen to use their property. Because these damages do not depend on the owner’s actual use, loss of use should be thought of as loss of right to use. The Article then aims to define fair and reasonable compensation by arguing that the proper measure of damages for loss of right to use is daily market rental value for the period of deprivation. This simplified definition provides courts with a workable measure of damages that alleviates the need for judicial speculation while holding true to the goal of placing tort victims back in their original position
The Road to Affordable Housing: How to Replace Highways with Homes in New York City
Get PDFUrban highways cause significant air, water, and soil pollution that disproportionately harm low-income and nonwhite residents. Many urban highways are reaching the end of their useful life and would be extremely expensive to repair or replace. Cities around the world have removed urban highways to improve environmental outcomes and to avoid wasteful spending.
While these teardowns have improved local and regional environmental quality and local traffic congestion, they have also led to increased land values near the retired rights of way. Without anti-displacement efforts, there is a risk that the very people who have been most harmed by urban highways will not be able to afford to remain in their neighborhoods once the highways have been removed. One potential anti-displacement measure would be to build a significant supply of affordable housing on any retired highway right of way. Cities and states already own this land, so local or state policymakers would be able to build more affordable and deeply affordable housing than is typically possible given high land costs in American cities. Removing a portion of a city’s highway system represents a unique opportunity to simultaneously improve environmental outcomes and counter the affordable housing crisis.
This paper reviews the thicket of local, state, and federal laws that would be implicated if New York City and/or New York State undertook a project to replace a highway with affordable housing. City actors would be highly dependent on state and federal approval and would have to navigate the city’s arduous and politically charged land use review process. The governor of New York, however, has remarkable powers over state highways. The governor could unilaterally decommission any state-owned state highway, turn the right of way over to a state development authority, and then redevelop the right of way with affordable housing without going through the city’s land use review process or even adhering to local zoning
In Your Own Defense: The Importance of Immuno-Oncology and the Problem with Patenting Under the Laws of Nature
Get PDFRock On: The State of Rock Music Among Generation Z
Get PDFRock music is a significant part of American culture and has always had ties to the socialization of the youth since its rise in the 1950s. Many musicians and music journalists have pushed forth the opinion that the genre is “dead” as its relevance in young adult culture has faded away in favor of different genres of mainstream music. However, rock artists have seen more success and virality in the past few years. This is primarily true through the social media platform TikTok, the largest platform of its kind with most young people as part of its userbase. The following study intends to analyze and explain the relationship between rock music and members of Generation Z, particularly 18- to 24- year-olds, through an online Qualtrics survey. It highlights the musical preferences of this target group, including how they discover rock music and respond to the rock music they are presented on social media. Many of the participants embrace the genre with a feeling that it is rising in popularity in their age group. Secondary research was conducted to find data on some of the rock artists that have gained traction on TikTok, to highlight the impact that massive exposure to Generation Z has had on them. The effects of virality are evident in the short term for these artists, but the long term effects are minimal. Findings of the study suggest that artists and labels need to develop strategies to convert those who come across their viral music into devoted fans of the band
The Death of Print Magazines in Fashion: The Fight to Stay Relevant During the Digital Era and a Look at the Future of Fashion Print Magazines
Get PDFWe have found ourselves in a digital era. For the past ten years, the public’s Internet usage per day has skyrocketed across all age groups, which in turn, has had an effect on the print industry (e.g. books, magazines, newspapers). As technology has progressed, many have turned to online magazines and journals to receive their fashion news. Given this rapid advance in digital technology, in my honors thesis, I plan to focus on the effect of digital media on print, specifically in the context of fashion magazines. Specifically, I will explore the history of the fashion magazine, its efforts to stay relevant, and make predictions about the future of print magazines. Overall, I predict that while the magazine industry continues to branch off into various other digital alternatives in order to stay relevant, print will continue to serve as an important fashion news outlet, as the fashion industry and demand for fashion news will continue to grow. Following these predictions, I have also created an original fashion magazine issue, available both digitally and in print. The content of this magazine includes advertisements, articles, and interviews that highlight the future of the fashion industry, as well as current trends and relevant topics
Effectiveness of the Existing International Humanitarian Law Provisions in Protecting the Natural Environment During Internal Armed Conflicts
Get PDFThe environment is inherently at risk in any armed conflict and the natural environment is always a victim of wars. In order to properly protect the environment, the international community must explicitly recognize the civilian nature of the environment and bar all damages to it notwithstanding its extent, longevity and severity. The current study focuses on the environmental protection during armed conflicts. In World War I, parties employed the indiscriminate use of chemical weapons as a way of gaining military advantage over their enemies. The world responded by adopting the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and their destruction (Chemical Weapons Convention, CWC). Later on, the Convention on the Prohibition of Military or Any Other Use of Environmental Modification Techniques (ENMOD Convention) was adopted following the devastating effects of the use of herbicides in the war in Vietnam. There were also inclusions of protection for the natural environment in Protocol I of 8 June 1977 additional to the Geneva Conventions (Additional Protocol I). All these laws have been existing for a long period yet they have not been updated to include non-international armed conflict and the environment remains targeted even by states. The explanation for the lack of deterrence on state can best be explained by the primacy that the treaties put on the military advantage and the cumulative threshold of widespread, long-lasting and severe damage. States can satisfactorily claim that any part of the environment was a legitimate military target and therefore downplay any direct or indirect attack on it. This research looks at some of the steps that have recently been undertaken by the ICRC and the ILC and examines the adequacy of such steps including the relevance of military manuals and instructions
