7919 research outputs found
Sort by
ART AS THE PROSECUTOR’S WEAPON: THE USE OF RAP LYRICS EVIDENCE AT TRIAL
Full text linkAre rap lyrics worthy of the same protections that other forms of creative expression enjoy, or is there something inherent to rap lyrics that renders them autobiographical, confessional, and reflective of the author’s true intentions and desires? This Article will attempt to answer that question. In doing so, the authors will take the reader on a voyage through a history that is not widely known among the attorneys, judges, expert witnesses, and jurors who are frequently called upon to interpret the art form known as Hip Hop.
This journey requires an exploration of our country’s history of chattel slavery, for the reader cannot gain a proper understanding of the musical and storytelling practices that exist in Hip Hop today without studying the traditions that survived the Middle Passage and found new life in the United States. This history will reveal that Hip Hop music is the latest cultural product of the Black Oral Tradition, a tradition that utilizes linguistic devices for figurative rather than literal purposes. By placing rap lyrics in their proper historical context, this piece demonstrates that such lyrics are of poor probative value when used to determine an artist’s true conduct and intentions.
At the heart of the inquiry concerning the artistic value of rap lyrics is the topic of race. The admission of rap lyrics as evidence at trial often involves exposing the jury to the conventions of rap music, including racial stereotypes, violence and misogyny, and the N-word. Thus, the admission of rap lyrics evidence injects racial bias into the proceedings, resulting in unfair prejudice to the author or performer of the lyrics.
When courts admit rap lyrics into evidence without assessing the linguistic devices at play or acknowledging the racial bias and stereotypes triggered by the lyrics, they do an injustice to defendants. This Article will advocate for an approach that allows California courts to determine the true probative value of rap lyrics evidence while also examining the unique prejudice a black or brown defendant might face if their rap lyrics are admitted against them
DON’T HOLD YOUR HORSES: SOLUTIONS TO THE BUREAU OF LAND MANAGEMENT’S FAILURE TO MANAGE WILD HORSE POPULATIONS
No full textSince the Wild Free-Roaming Horses and Burros Act (WFHA) was enacted in 1971 – mandating protection and management of the wild horse and burro population – the BLM has triggered a public outcry over its mismanagement of wild horses. From inhumane roundup processes to a well-intentioned but poorly executed adoption program that inadvertently subjects horses to cruel conditions and slaughter, the BLM’s efforts have continuously undermined wild horse preservation. When an overwhelming majority of Americans push for wild horse protections, and wild horse preservation is a topic that largely receives bipartisan support, it is hard to understand the current status of the American mustang.
This note examines the BLM’s controversial management of wild horses under the WFHA and the reasons that the BLM has failed for decades tokeep the wild horse population in check and ensure the wellbeing of wild horses under its care. This note proposes (1) decreasing the number of horses kept in short-term holding facilities; (2) increasing rangelands for wild horses; (3) creating non-reproducing herds on federal rangelands from removed wild horses and burros; (4) making the wild horse adoption process stricter; (5) making fertility control the primary method of population management; and (6) phasing out wild horse removals
FITISEMANU V. UNITED STATES: AN ANALYSIS OF THE IMPACT OF THE SUPREME COURT’S DENIAL OF CERTIORARI AND THE FUTURE CITIZENSHIP (OR LACK THEREOF) FOR AMERICAN SAMOANS
No full textDoes the Citizenship Clause of the Fourteenth Amendment confer United States citizenship on individuals born in American Samoa? How does one reconcile the competing values of preserving a unique culture and receiving the full protections of the U.S. Constitution? These were the issues brought before the court in Fitisemanu v. U.S.
American Samoa is the only U.S. territory where individuals born there are born as U.S. nationals, rather than U.S. citizens. While being born a U.S. national has certain rights and privileges not provided to noncitizens and nonnationals, the idea of distinguishing between a U.S. citizen and a U.S. national has a racist history. The Insular Cases arose in the early 1900s after the Spanish American War and deprived the newly acquired territories of birthright citizenship because their inhabitants were perceived as “uncivilized aliens.” This is the foundation for the idea of a U.S. national which is why maintaining this classification in 2024 is uncomfortable for many.
The Plaintiffs in Fitisemanu wanted to assert their right to birthright citizenship under the Fourteenth Amendment’s CitizenshipClause and in turn persuade the Court to overrule the Insular Cases. They were unsuccessful and the American Samoan government itself even opposed the claim due to fear of losing their indigenous political system and land rights once under the umbrella of the U.S. Constitution.
This Note critically analyzes the Supreme Court of the United States’ decision to deny review of Fitisemanu v. U.S. and the implications of the Court of Appeals’ opinion being left in place. After taking a closer look at the Citizenship Clause and the reasons for and against granting American Samoans birthright citizenship, this Note proposes solutions that may appease the concerns of both sides
“THAT CLASS CHANGED MY LIFE”: USING TRANSFORMATIVE LEARNING THEORY TO TEACH LEADERSHIP
No full textSince the country’s founding, the legal profession has served as a springboard for some of society’s greatest leaders. But by and large, lawyers were not trained to lead—until recently. Over the last fifteen years, law schools have become increasingly intentional about leadership development. Leadership programs in law schools have proliferated, as has a growing body of scholarship on lawyer leadership.
Surprisingly, the literature on lawyer-leader development has neglected adult learning theories. This Article addresses that gap and grounds the teaching of leadership in a well-established theoretical tradition. It presents the results of a design-based research study that applies Mezirow’s transformative learning theory to the design and delivery of a leadership seminar taught at Brigham Young University Law School. The study finds that 95% of students enrolled in the second iteration of the course took new, concrete leadership actions as a direct result of their participation in the class. The study identifies core design principles for facilitating transformative learning in law school courses on leadership—with an eye towards helping students become better leaders, not merely learn about leadership
