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The SEC, the Supreme Court, and the Administrative State
Get PDFPritchard and Thompson have given those of us who study the SEC and the securities laws much food for thought. Their methodological focus is on the internal dynamics of the Court’s deliberations, on which they have done detailed and valuable work. The Court did not, however, operate in a vacuum. Intellectual trends in economics and law over the past century can also help us understand the SEC’s fortunes in the federal courts and make predictions about its future
Why the Dobbs Court Got It Wrong: Connecting the Dots Between Opposition To Abortion and Gender Animus
Get PDFAfter Affirmative Action
Get PDFThis is a time of crisis in legal education. In truth, we are in the midst of several crises. We are emerging from the COVID pandemic, a period of unprecedented upheaval where law students and law faculty alike struggled through physical challenges, mental health burdens, and decreased academic and professional success. The past few years also have seen a precipitous drop in applications to and enrollment in legal education. Simultaneously, students have been burdened with the skyrocketing costs of attending law school, taking on unmanageable levels of debt. And with the Supreme Court decision in SFFA v. Harvard, we are witnessing the end of affirmative action as we know it. As a result of the combination of these crises, and particularly due to the SFFA decision, we are likely to see a swift and dramatic decline of students of color—particularly Black and Latinx students—entering our nation’s halls of higher education, including our law schools. In this moment of looking to the future to consider “next steps” as we navigate these crises, many advocates and academics are struggling with how to move forward.
My proposal is to build belonging. By increasing belonging on campus, law schools can contribute to an increase in retention rates for students of color. This is particularly critical at this moment not only because the numbers of students of color will likely be dwindling, but because the drop in diversity will inevitably cause even greater student marginalization on law school campuses with fewer opportunities for students of color to draw on others from their same background for mutual support. Failing to invest in Black, Latinx, and other students that are particularly affected by SFFA will leave them isolated and alienated, contributing to further academic and professional decline. Instead, by adding to students’ sense of belonging, schools can uplift and encourage them to persist through legal education and maximize their potential in practice.
This Article lays a foundation for the importance of creating and sustaining belonging in legal education, particularly for students of color and in this moment where we are searching for answers after affirmative action. In introducing belonging as well as tying it to affirmative action, the Article shares broad context on the term and its application: what it is, why it matters, and how it has been lacking for students of color and other marginalized populations. Finally, this Article argues that increasing levels of belonging could maximize success for students who will need even greater support to survive and thrive in law school in the coming years
LOCKE’S “WILD INDIAN” IN UNITED STATES SUPREME COURT JURISPRUDENCE
Get PDFThis article explores the impact of John Locke’s Two Treatises on United States Indigenous property rights jurisprudence. After discussing Locke’s arguments, the article turns to the rationales of the first and last cases of the Marshall Trilogy—Johnson v. McIntosh (1823) and Worcester v. Georgia (1832)—arguing that, contrary to prevailing political theory, Marshall’s opinion for the Court in Johnson puts forth a fundamentally Lockean justification for the dispossession of Indigenous property. This article also provides a brief analysis of Marshall’s explicit Vattelian rationale in Worcester, commentary on recent developments regarding the precedents, and recommendations for reconciling them within contemporary jurisprudence
THE AWARENESS OF MISSING AND MURDERED INDIGENOUS WOMEN AND GIRLS (MMIWG): POLICY STEPS TOWARD ADDRESSING THE CRISIS
Get PDF6PPD-Q, TIRES, AND SALMON, OH MY: POLICIES AND REMEDIES FOR TRIBES IN THE ACUTE MORTALITY OF COHO SALMON IN THE PUGET SOUND REGION.
Get PDFThe pervasive reliance on automobiles within society exacerbates environmental degradation in low-income and communities of color, notably in Native and tribal communities. The leaching of Tread Wear Particles (TWP), including the detrimental 6PPD-quinone (“6PPD-q”), into waterways, significantly impacts aquatic ecosystems. This issue is especially impactful for endangered species, like the coho salmon, that hold profound cultural significance for indigenous tribes in the Pacific Northwest, for example, the Nez Perce Tribe believes that the fate of the salmon and people are linked.[1]
The scientific foundations of 6PPD-q\u27s impact on salmon through bioaccumulation and biomagnification highlights its environmental justice implications. This article presents a survey of relevant legal cases and regulations concerning tires, pollutants, and salmon protection, followed by an examination of potential ways to prevent further harm, including ending 6PPD use or legislating innovative solutions. It acknowledges the limited remedies for past damages and considers potential avenues for future compensation through toxic torts. Additionally, the article explores industry-driven solutions, such as the tire industry\u27s efforts to reduce 6PPD-q pollution and the implications of the Safer Products for Washington act. It then discusses the importance of enforcing tribal treaty rights and exploring ecological barriers and filtration methods, with the ultimate goal of advocating for the mitigation of the adverse impact of 6PPD-q pollution on native communities and salmon populations in the Puget Sound region.
[1] Dan Landeen & Allen Pinkham, Fish & Fishing in Nez Perce Culture 1 (1999)
