California Western School of Law

California Western School of Law
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    2208 research outputs found

    Originalism and the Inseparability of Decision Procedures from Interpretive Standards

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    The Watts Gang Treaty: Hidden History and the Power of Social Movements

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    On the eve of the 1992 Los Angeles uprising, a small group of gang leaders and community activists drafted an agreement to curtail violence in south Los Angeles. Several gangs in Watts accepted the truce and established a cease-fire agreement. By most accounts, the 1992 Watts Gang Treaty succeeded in reducing gang violence in Los Angeles. Local activists attributed the reduction in shootings to the Treaty. Even law enforcement officials grudgingly recognized the Treaty’s contribution to reducing gang violence and a corresponding decrease in homicides. The origins of the Watts Gang Treaty can be traced to gang leaders recognizing that the devastating struggle between rival gangs was analogous to a military conflict—complete with “no-man’s land,” assault weapons, targeted killings, and civilian casualties—and, therefore, it required a diplomatic solution. Seeking inspiration from international conflict resolution efforts, gang members looked to the 1949 Armistice Agreement adopted by Egypt and Israel to end the Arab-Israeli War. The drafters of the Watts Gang Treaty mirrored the key provisions of the Armistice Agreement, including a cease-fire agreement and other confidence-building measures. The drafters then built a social movement to support the Treaty. This Article examines the origins, impact, and legacy of the Watts Gang Treaty. It also pursues a prescriptive agenda. It supports the study of hidden history that runs counter to the common narrative of power and privilege in the United States. Moreover, this Article argues that social movements can achieve meaningful change even in the face of poverty, violence, and structural racism

    Persons of Colour (POC)

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    The Encyclopedia has a distinct focus on international human rights law

    Qualified Immunity, Supervisor Liability, and Gender Violence: Barriers to Accountability

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    Shortlisted: Women in the Shadows of the Supreme Court

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    Winner, Next Generation Indie Book Awards - Women\u27s Nonfiction 2022 Best Book of 2020, National Law JournalThe inspiring and previously untold history of the women considered—but not selected—for the US Supreme Court. Shortlisted tells the overlooked stories of nine extraordinary women—a cohort large enough to seat the entire Supreme Court—who appeared on presidential lists dating back to the 1930s. Florence Allen, the first female judge on the highest court in Ohio, was named repeatedly in those early years. Eight more followed, including Amalya Kearse, a federal appellate judge who was the first African American woman viewed as a potential Supreme Court nominee. Award-winning scholars Renee Knake Jefferson and Hannah Brenner Johnson cleverly weave together long-forgotten materials from presidential libraries and private archives to reveal the professional and personal lives of these accomplished women.https://scholarlycommons.law.cwsl.edu/books/1000/thumbnail.jp

    Reimagining Sovereignty to Protect Migrants

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    The concept of sovereignty in international law allows states to exclude and expel most categories of migrants, subject only to very narrow exceptions from international human rights and refugee law. Inverting the state sovereignty paradigm traditionally used to exclude migrants, this Essay reimagines sovereignty to protect migrants by drawing on the international law doctrine of state responsibility. The doctrine of state responsibility requires states to remedy the consequences of their actions in violation of international law. States that violate the sovereignty of other states, more specifically their territorial integrity or political independence, and thereby cause forced migration should have an obligation to provide remedies for it. Such remedies could include providing a safe haven for migrants. Exploring migration through the lens of state responsibility may provide new opportunities to expand protection for migrants

    The Exclusionary Rule in Germany Revisited

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    Mobilizing World Public Opinion against Use of Plastic Products

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