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Remedies for Detainees: The Impact of the Ninth Circuit\u27s Decision on Medical Negligence Cases
Full text linkThis comment examines the impact of the Ninth Circuit‘s holding in medical neglect cases and whether the Second Circuit made an error. To examine this issue, it must first be understood what the factual and legal background is concerning each case, the detainee‘s medical rights and the types of actions they can bring against government employees. After examining the law, the Second Circuit‘s holding is then compared with the Ninth Circuit‘s holding. Finally, this comment argues why the Supreme Court should affirm the Ninth Circuit‘s holding
Intimate Terrorism and Technology: There\u27s an App for That
No full textTechnology enhances the ability of the domestic violence prepetrator. It also holds the promise of assisting domestic violence survivors in their quest for safety. This is true in practical, daily ways and is becoming increasingly true in the legal treatment of these cases. Perpetrators can use technology to stalk and find their victims; survivors can use it to access necessary information to get away from their batterers. Laws are being amended to take into account cyber-enhanced domestic violence techniques. Domestic or intimate terrorists are among the class of criminals targeted for use of GPS monitoring. This article discusses the way that technology is used in circumstances of intimate terrorism. It will examine how technology is used as a batterer\u27s tool in exerting coercive control over a victim. It will also look at the changes in the laws as the legal system strives to keep pace with the rapid advancement of technology. In particular, the recent use of GPS monitoring of intimate terrorists will be analyzed. This analysis will identify some of the problems associated with the on-going legal changes
History Repeats Itself: Parallels Between Current-day Threats to Immigrant Parental Rights and Native American Parental Rights in the Twentieth Century
Full text linkImmigrant parents are currently burdened with unique risks to their parental rights, risks that bear little relation to their ability to care for their children. Recent developments in family and immigration law, historical cultural prejudices against non-Western parenting traditions, and poor immigrants’ limited access to the U.S. legal system are largely to blame. This Note explores the inadequacies in our legal system contributing to the struggles of immigrant parents to maintain family unity and connects the current situation to the disproportionate number of terminations of parental rights within the Native American community in the mid-twentieth century. It suggests that a federal statute modeled on the Indian Child Welfare Act may be able to comprehensively address the issues identified herein
Denial Is Not An Option, Or Is It? How the Turkish Denial of the Armenian Genocide Blocked Recovery in the United States
Full text linkMany articles have been written on the Armenian Genocide, both in the context of how to obtain Turkish recognition and how to obtain monetary relief in the courts of the United States. This Article summarizes the issues with the Movsesian III holding with regards to lack of precedent and the Ninth Circuit’s failure to follow the Supreme Court’s trend of limiting preemption. This Article then analyzes related decisions from four other circuits, demonstrating a clear circuit split on judicial understanding of the 5-4 Supreme Court ruling in Garamendi. This Article provides a roadmap to a friendly forum for victims of the Armenian Genocide, or victims of any other similar foreign tragedy, who seek redress in the American judicial system. By focusing their efforts on litigating and passing legislation in these friendly circuits, individuals seeking justice may realize better results than the victims and plaintiffs in the Movsesian line of cases
"Black Lives Matter" as a Claim of Fundamental Law
Full text linkIn this Article, I argue that we should understand #BlackLivesMatter as a claim on the Constitution—a very special kind of constitutional claim, on the Constitution as fundamental law. It is a paradigmatic contemporary example of this category of constitutional law for citizens, one that reaches back past the roots of the American Revolution and underlies the logic of popular sovereignty at the core of our system. Section I develops a conceptual sketch of fundamental law and its features. Section II then turns to the content of “Black Lives Matter” as a constitutional principle and traces its position in the arc of Black constitutional thought, from the emancipatory protestantism of Frederick Douglass to the provocations of Judge Bruce Wright and beyond. Section III explains why this principle matches the features of fundamental law and why it matters—developing the idea of the “constitutional bases of respect” and exploring the consequences of “Black Lives Matter” as a mediating principle in several areas of constitutional doctrine
Now I Know My “ACBs”: The Right to Literacy Following an Incremental Path
Full text linkIt is a tragic irony that a nation with enormous wealth will not provide the most basic of education rights to its citizens. Despite continual judicial and legislative measures to ensure access to education, or a facsimile thereof, no judicial or legislative body has taken the step to ensure that literacy is a fundamental right for the citizens of the United States. The issue has been, and continues to be, presented to both Congress and the courts. While Congress has passed legislation to some degree, both institutions have largely failed to ensure the population receives the fundamental right of literacy. There is not much pushback to the argument that education and literacy are important. But questions remain: How much education is necessary to claim that literacy is a right? Is literacy important enough to shine brightly on the national consciousness
“That’s the Hate They’re Giving Us, Baby, A System Designed Against Us.” The Restorative Justice Solution to the School-to-Prison Pipeline
Full text linkThe school-to-prison pipeline is one of the nation’s biggest challenges as students of color, LGBTQIA+ students, and students with disabilities are being funneled into prisons. Thousands of articles have been written on the existence of the school-to prison pipeline and potential solutions. Federal and state policies have shifted to combat the pipeline, but there is still a large proportion of our nation’s students being criminalized on account of their looks and behaviors. This Note argues that the school-to-prison pipeline is a systemic practice of the American education system, and the education system is functioning exactly as designed. The continued use of zero tolerance policies and school resource officers are proof that this system exists and continues to evolve. To address the real structural inequities of the school system, it must be met with equally radical practices, such as restorative justice, that address the systemic harm. Restorative justice, when done correctly and with the right resources, can be the solution to the school-to-prison pipeline
Introduction to excerpts from Lessons Learned From 9/11: DNA Identification in Mass Fatality Incidents
Full text linkOn the 5th anniversary of the terrorist attacks on the World Trade Center, the National Institute of Justice – the research, development, and evaluation agency of the U.S. Department of Justice – published a major report on the identification of mass disaster victims using DNA analysis. The report was prepared by the Kinship and Data Analysis Panel, a multidisciplinary group of scientists assembled by the National Institute of Justice to offer guidance to the New York City Office of the Chief Medical Examiner in the identification of those who perished in the World Trade Center