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A PSA on the CSAA: How the Child Soldiers Accountability Act Should Guide the United States’ Approach to Criminalizing the Recruitment of Minors into Gangs
Get PDFThe use and recruitment of child soldiers in situations of armed conflict has been widely documented over the past century, discussed in the media and in academia, and condemned by prominent members of the international community. Beginning in the 20th century, international legal frameworks were developed to protect children in vulnerable communities across the globe and punish those responsible for their recruitment in regions of armed conflict. While the international community and the United States have taken great strides to protect children from recruitment and militarization, the United States lacks any effective domestic laws to protect vulnerable children on American soil. At this moment, there is no legal framework in the United States to protect children from recruitment into criminal street gangs. This Note analyzes the approaches taken by the United States and the international community in establishing legal frameworks to combat the child soldier problem, in an attempt to introduce a similar approach to the problem of juvenile gang recruitment in the United States. Specifically, this Note proposes that the United States adopt comprehensive legislation to criminalize the recruitment of minors into gangs, using the Child Soldiers Accountability Act and the existing international response to the use of child soldiers as a blueprint
Guiding Principle 15: Businesses Implementing Policies and Practices, in The UN Guiding Principles on Business and Human Rights: A Commentary (Barnali Choudhury ed., 2023)
No full textThis chapter is a commentary on Principle 15 of the United Nations Guiding Principles on Business and Human Rights (UNGPs). The UNGPs, endorsed by the United Nations Human Rights Council in 2011, are the first universally accepted framework for addressing business responsibilities for human rights. They outline State obligations to protect human rights, businesses’ responsibility to respect human rights, and the importance of both States and businesses offering adequate remedies for human rights breaches.https://scholarlycommons.law.wlu.edu/fac_books/1178/thumbnail.jp
High Anxiety: Racism, the Law, and Legal Education
Get PDFConspicuously absent from the United States’ ongoing discourse about its racist history is a more honest discussion about the individual and personal stressors that are evoked in people when they talk about racism. What if they got it wrong? The fear of being cancelled -- the public shaming for remarks that are deemed racist -- has had a chilling effect on having meaningful conversations about racism. What lost opportunities!
This paper moves this discussion into the law school context. How might law schools rethink their law school curricula to more accurately represent the role systemic racism has played in shaping the law while still respecting community members’ different perspectives about racism pedagogy? As in our broader society, law school community members’ fear of “getting it wrong” and possibly being cancelled has had a chilling effect on having candid conversations about racism within legal education and the law.
In this discussion, the author prescribes one of the first dispute system frameworks for implementing pedagogy on racism in law school, highlighting the different racial stressors ignited in doctrinal, clinical, skills, and experiential learning classes. The dispute resolution system is built on a restorative justice framework and draws on an interdisciplinary understanding of the physiology and psychology of racial stressors. Building on that knowledge, the paper explains how racial stressors, if constructively addressed, can actually enhance learning about racism and better prepare law students for real-world practice
Exams in the Time of ChatGPT
Get PDFInvaluable guidance has emerged regarding online teaching in recent years, but less so concerning online and take-home final exams. This article offers various methods to administer such exams while maintaining their integrity—after asking artificial intelligence writing tool ChatGPT for its views on the matter. The sophisticated response of the chatbot, which students can use in their written work, only raises the stakes of figuring out how to administer exams fairly
\u3cem\u3eU.S. v. Chestman\u3c/em\u3e, in Feminist Judgments: Corporate Law Rewritten (Anne M. Choike et al. eds., 2023)
No full textCorporate law has traditionally assumed that men organize business, men profit from it, and men bring cases in front of male judges when disputes arise. It overlooks or forgets that women are dealmakers, shareholders, stakeholders, and businesspeople too. This lack of inclusivity in corporate law has profound effects on all of society, not only on women\u27s lives and livelihoods. This volume takes up the challenge to imagine how corporate law might look if we valued not only women and other marginalized groups, but also a feminist perspective emphasizing the importance of power dynamics, equity, community, and diversity in corporate law. Prominent lawyers and legal scholars rewrite foundational corporate law cases, and also provide accompanying commentary that situates each opinion in context, explains the feminist theories applied, and explores the impact the rewritten opinion might have had on the development of corporate law, business, and society.https://scholarlycommons.law.wlu.edu/fac_books/1173/thumbnail.jp
Grappling with Our Own Errors: Lessons from \u3cem\u3eState v. Blake\u3c/em\u3e
Get PDFAfter fifty years of a failed war on drugs, many states are just now beginning to take steps toward attempting to repair a half-century of harm. By examining the response of Washington’s government at the executive and legislative levels to the Washington Supreme Court’s decision in State v. Blake, this Note identifies some key factors that must be present in the paths forward for all states in their own processes of reform. The stakeholders involved in transforming the criminal legal system must ensure that relief from prior drug-related convictions is automatic, geographically standardized, and complete. Any form of relief must include the right to the assistance of counsel. Lawmakers and other stakeholders must also consider the inadequacy of simply substituting misdemeanor convictions for felony convictions. Finally, any large-scale reform of the criminal legal system must include input from the people most affected by the failed war on drugs. This is an opportunity to embrace truly bold and meaningful reform. By applying the factors identified in this Note to any legislation tackling the fallout of Blake, Washington can live up to the promise of the decision and lead the way in the national process of creating a fair and equitable criminal justice system
Removing White Hoods from the Blue Line: A Legislative Solution to White Supremacy in Law Enforcement
Get PDFOn May 25, 2020, George Floyd took his final breaths. His death at the hands of multiple Minneapolis police officers was recorded by witnesses and viewed by millions. The public response to Floyd’s death was immediate and powerful. Americans were demanding change on a greater scale than ever before. The problem with policing is not Derek Chauvin, or the Minneapolis Police Department, but rather with the very institution. White supremacy is alive and well in American policing. This Note begins by examining the historic connection between white supremacist groups and law enforcement agencies. This Note then evaluates existing standards of conduct for federal law enforcement agents and judicial employees. This Note concludes by proposing a heightened standard of conduct for law enforcement employees and exploring various methods for implementation of the standard