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The Kincare Craze In Child Protection: Romanticism, Subterfuge, And Racial Separatism
Full text linkA deluge of federal and state legislation in recent years aims to channel maltreated children removed from parents’ custody into kin placements, responding to advocates for parents who claim this is categorically better for children than entering or remaining in foster care with biologically unrelated caregivers. The claim has romantic appeal, sufficient to beguile legislators. But the research on outcomes for children in different post-removal placements does not support it. In reality, motivations other than child welfare underlie the advocacy for this legislation. The core aim is to evade federal child-welfare mandates adopted in the 1990s and long condemned by parent advocates—namely, foster care time limits and the prohibition on race-matching in adoption. A longer-term objective for some is return to racial separatism in private life. This Article describes the quiet revolution now taking place in child welfare practice, debunks the research claims that kincare advocates make, and identifies harms to children that pro-kin policies are now routinely causing—in particular, disrupting attachment relationships that young children in the child welfare system have formed with long-term foster parents who wish to adopt them
Artificial Intelligence: Catalyst For New Policies Or A New Wave Of Design Piracy?
Full text linkThe absence of adequate intellectual property protection for fashion designs in the U.S.A. not only undermines the creativity and livelihoods of designers but also fosters the fast fashion industry, contributing to global resource unsustainability and human rights concerns in overseas manufacturing facilities. As Artificial Intelligence (“AI”) advances rapidly, there is a growing concern that its deployment in the fashion industry could accelerate these issues. This paper explores the impact of AI on the fashion industry, highlighting the shortcomings of the existing U.S. intellectual property framework in protecting designers from AI-driven design replication and counterfeiting. Drawing insights from the EU design protection model, it underscores the urgency of action to preserve the sector’s creative vitality and economic sustainability
Interesting Intersections of Immigration and First Amendment Law
Full text linkThis essay identifies four areas of immigration law in which pressing First Amendment claims play a prominent and dominant role. The first area involves denial of admission or deportation based on pure or symbolic speech. At various times, Congress has enacted grounds of inadmissibility and deportability that squarely fall within the purview of the First Amendment. The second area involves so-called retaliatory deportations, when the government initiates or accelerates removal proceedings against a noncitizen who is in violation of immigration laws allegedly for the non-citizen’s activism, protest activity, or other First Amendment speech or expressive conduct. The third area involves First Amendment-based challenges to a provision of federal immigration law that prohibits even the encouragement of illegal immigration – an issue that has reached the U.S. Supreme Court. The fourth area concerns immigration issues arising in the ability or lack thereof to participate meaningfully in the electoral process
Sabbath Accommodations as a Civil Right: History, Title VII, and the Path to Groff v. DeJoy
Full text linkIn Groff v. DeJoy, which concerned a Christian Sabbath observer, Jewish groups were vindicated by the Court’s overturning Hardison v. Transworld Airlines and strengthening Title VII’s protections for religion, particularly around employees’ Sabbath observance. This article positions Groff within the history of Jewish efforts to secure employment protections for Sabbath worship. Efforts to secure Sabbath accommodations were an outgrowth and expansion of early twentieth-century efforts to ensure Jews were protected by public accommodation laws and a product of attempts by litigators such as Leo Pfeffer to end mandatory Sunday closing laws in the mid-twentieth century. Sabbath accommodations became a critical way to strike at covert antisemitic employment discrimination because refusal to accommodate the Sabbath had enabled employers to discriminate against observant Jews. Based on this history, the article argues that the efforts to secure employment protections for Sabbath worshipers were not just attempts to secure a form of religious accommodation but need to be understood as a critical civil rights protection for a minority group. Conceiving of Sabbath accommodations as connected with Jewish civil rights provides a way for political progressives, who are increasingly hostile to religious accommodations, to embrace a more expansive reading of Title VII’s religious protections. These measures also provide one legal avenue to counter rising antisemitism
Legalist Realism
Full text linkThis article explores the scholarly footprint of Professor Megan Fairlie. This is a footprint of \u27legalist realism\u27. Professor Fairlie was greatly concerned with legalism, in other words, the centrality of due process, the rights of the defendant, and human dignity in trials of individuals accused of the most heinous crimes. She was committed to put the law in international criminal law. And her view was one of realism, notably, that the structure of international institutions must be mindful of power politics, and expectations and ambitions ought to recognize the limitations and possibilities of politics in order to retain legitimacy and activate accountability. Hence, her work roots in realism at the same time. This appears in her work exploring how the International Criminal Court should speak to the United States so as, to create reciprocity in which the United States might support the Court
Beyond Policy: Overcoming Challenges in Prosecuting Gender Persecution at the International Criminal Court
Full text linkProvisional Release at International Criminal Courts and Tribunals – Lessons Learned?
Full text linkThis article builds on Professor Meghan Fairlie’s earlier critique of pre-trial detention practices at the International Criminal Tribunal for the Former Yugoslavia (ICTY). Fairlie identified significant shortcomings in safeguarding the right to liberty and the presumption of innocence of detainees, arguing that the Tribunal’s approach was inconsistent with international human rights law (IHRL). Fifteen years later, how has the International Criminal Court (ICC) addressed these concerns? While the Rome Statute introduces notable improvements, including an explicit commitment to IHRL, the Court’s practice still heavily favors detention over liberty. A key issue remains the ICC’s reliance on State cooperation for provisional release, which effectively undermines detainees’ right to liberty. However, as the ICC continues to shape the future of international criminal justice, a more robust human rights protection is essential for safeguarding its legitimacy and credibility
