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Colonizing Queerness
Get PDFThis Article investigates how and why the cultural script of inequality persists for queer identities despite major legal advancements such as marriage, anti-discrimination, and employment protections. By regarding LGBTQ legal advancements as part of the American settler colonial project, I conclude that such victories are not liberatory or empowering but are attempts at colonizing queer identities. American settler colonialism’s structural promotion of a normative sexuality illustrates how our settler colonialist legacy is not just a race project (as settler colonialism is most widely studied) but also a race-gender-sexuality project. Even in apparent strokes of progress, American settler colonialism’s eliminationist motives continually privilege White heteropatriarchal structures that dominate non-heteronormative sexualities. By placing covert demands upon queer identities to assimilate with the status quo, such settler colonialist motivations are traceable to the way Supreme Court gay rights advancements have facilitated a conditional but normative path to mainstream citizenship for queer identities. By employing concepts from critical race theory, queer studies, and settler colonial theory, this Article illuminates how the Court’s cases are indeed part of American settler colonialism’s sexuality project and answers why such legal advancements always appear monumental but ultimately remain in the control of a discriminatory status quo. Only if queer legal advancements are accompanied by essential shifts from the normative structures of White settler heteropatriarchy will such victories live up to their liberatory claims. Otherwise, such apparent progress will continually attempt to marginalize—indeed, colonize—queernes
Rethinking Antebellum Bankruptcy
Get PDFBankruptcy law has been repeatedly reinvented over time in response to changing circumstances. The Bankruptcy Act of 1841—passed by Congress to address the financial ruin caused by the Panic of 1837—constituted a revolutionary break from its immediate predecessor, the Bankruptcy Act of 1800, which was the nation’s first bankruptcy statute. Although Congress repealed the 1841 Act in 1843, the legislation lasted significantly longer than recognized by scholars. The repeal legislation permitted pending bankruptcy cases to be finally resolved pursuant to the Act’s terms. Because debtors flooded the judicially understaffed 1841 Act system with over 46,000 cases, the Act’s administration continued into the 1860s, thereby allowing further development of the law. Importantly, the system operated at a time when the role of the business of slavery in the national economy was increasingly expanding. This Article focuses on two postrepeal episodes involving legal innovation under the Act to demonstrate how an expanded periodization of its duration yields fresh insights into understanding the interaction between federal bankruptcy law and slavery: (1) the judicial constitutional settlement of voluntary bankruptcy relief, part of which occurred through a case involving a bankrupt enslaver; and (2) the practice pursuant to which some federal district courts empowered assignees—the federal court officials appointed to administer property surrendered by bankrupts in 1841 Act cases—to operate a bankrupt’s business before liquidating it, as evidenced by certain cases involving plantation owners who sought relief under the Act
Last Call: The Limitations of New Mexico\u27s Existing Water Management Framework in the Face of Reduced Colorado River Water Deliveries
Get PDFInvestment Crowdfunding: Anarchy in the U.K.?
Get PDFInvestment crowdfunding is a new type of venture capital market open to the broad public--\u27the crowd\u27--and the United States and United Kingdom adopted rather different legal regimes to govern and police it. In order to protect investors, the United States enacted an extensive set of laws and regulations, while the United Kingdom took a \u27liberal\u27 approach to investment crowdfunding, imposing few legal rules and relying primarily on private ordering.
A decade has now passed, allowing us to see whether the liberal U.K. market has devolved into anarchy and failure in the absence of heavy regulation. Recently published data reflects well on the liberal model: The U.K. has the largest and most successful investment crowdfunding market in the world by far, generating one billion dollars in startup finance each year with practically no fraud, and providing investors with competitive financial returns
Introduction to the Symposium on Rabiat Akande, An Imperial History of Race-Religion in International Law
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House Journal Seventy-Fourth General Assembly State of Colorado Second Extraordinary Session
No full texthttps://scholar.law.colorado.edu/colorado-house-and-senate-journals/1610/thumbnail.jp
