The Political Economy of Conservatorship
Abstract Conservatorship, though viewed as a private law device, has always operated as a tool of public governance, social control, and resource extraction through the manipulation of the legal category of disability. This Article places a well-accepted Anglo-American history of conservatorship in probate law in conversation with its historical deployment by states, the federal government, and...
More Than a “Mere Paper Guarantee”: Looking to the Bottom for an Expansive Thirteenth Amendment
Abstract This Comment analyzes the racist origins and consequences of contemporary reproductive justice schemes. Specifically, it situates contemporary debates surrounding reproductive justice within the context of the Thirteenth Amendment. It examines three specific features of the contemporary landscape for reproductive rights and justice, hoping to highlight their connections to a much longer...
Fair Use Defenses in Disruptive Technology Cases
Abstract The fair use limitation on the scope of authorial exclusive rights is expected to be the main defense in lawsuits charging generative artificial intelligence (AI) developers with copyright infringement. These lawsuits—brought by and on behalf of some authors, artists, and copyright industry rights holders—challenge the legality of the unauthorized use of in-copyright works for purposes...
“We Can Only Guess”—Uncertainty and Family Reunification in the West Bank Including East Jerusalem
Abstract This Article explores the processes of family reunification through marriage in the West Bank and East Jerusalem under their two different legal systems, where one spouse is a Palestinian resident of the West Bank or East Jerusalem, and the other spouse is a foreign national. It argues that Israeli state institutions produce uncertainty through purposefully malfunctional, unclear, and...
Palestine Studies: An Activist Academic Field
Abstract This Article follows the emergence and development of Palestine Studies. Palestine Studies today is a recognized academic pathway in many universities around the world. This Article argues that Palestine Studies was born from the twin impulses of activism and scholarship which still characterizes the area of study today. Palestine Studies benefitted considerably from the developments in...
Nativity
Challenging the Rhetoric of Elimination: A Call for Recognition, Justice, and Shared Safety in the Wake of October 7
Abstract As Jewish Israelis, members of the Zochrot community, and people who have lost loved ones in the Hamas attack, our work insists that history did not begin on October 7, 2023. Despite Israeli authorities’ attempts to frame October 7 as an isolated incident, we recognize the decades of direct, administrative, and legal violence that culminated in this moment and refuse to examine it in a...
Defending Jews From the Definition of Antisemitism
Abstract The 2023 Israel-Gaza conflict has ignited an intense legal and ethical debate over the definition of antisemitism, leaving deep scars on communities and college campuses. This debate clashes over one major question: does sharp criticism of Israel amount to antisemitic speech? Through various legal instruments, U.S. law has accepted this premise. This Article argues against such...
Kite
A Cautious Note of Hope: The International Criminal Court’s Office of the Prosecutor, the Global South/Third World, and Palestine
Abstract In May 2024, the Prosecutor of the International Criminal Court (“ICC” or “Court”) requested arrest warrants against five individuals—three Palestinians and two Israelis. These included arrest warrants against Israeli Prime Minister Benjamin Netanyahu and Minister of Defense Yoav Gallant for international crimes dating back to October 7, 2023, the date of an armed attack by Palestinian...
Special Issue Editors' Note
Silencing the Sex Worker
Abstract This Article argues that sex workers are silenced when they attempt to contribute to lawmaking processes. As a result, they are unable to contribute their knowledge in a meaningful way. The consequence is that laws reflect only one perspective of life in the sex trades: the prostitution abolitionist position that all sex work is inherently a form of violence against women. Without the...
Corporate Law as Decolonization
Abstract After centuries of colonial subordination, Black and Brown former colonies are still fighting to achieve the fruits of decolonization. The traditional theory is that former colonies will emerge from the colonial period with the legal mandate and international recognition needed to chart their own futures. But, for those Black and Brown British colonies that achieved political...