Introduction This Essay charts a new course for the health justice model for health law scholarship, advocacy, and reform I have developed in a series of prior publications[1] and in conversation with other health law scholars.[2] The health justice model emphasizes collective problem-solving to secure distinctively public interests in access to health care and healthy living conditions. This...
Questioning Questions in the Law of Democracy: What the Debate Over Voter ID Laws’ Effects Teaches About Asking the Right Questions
ABSTRACT Voter identification laws (“voter ID laws”), laws that require voters to present identification when voting, launched the modern Voting Wars. After the Supreme Court blessed Indiana’s voter ID law in Crawford v. Marion County, voter ID laws proliferated across the country. Their prevalence belies their notoriety. They remain one of the most hotly contested category of election laws and...
Episode 8.1: Desert Flower: Bibi Barba, Aboriginal Art Theft, and the IGC
In this episode of dialectic, Australian Aboriginal artist Bibi Barba shares her personal story of how she became an artist and how her grandmother inspired her to capture her culture through art. The episode explores the challenges that Indigenous artists like Bibi face in protecting their intellectual property and cultural heritage, as well as the importance of the work being done by the IGC to...
What the World Can Teach Us About Supreme Court Reform
Introduction Judicial review remains more controversial in the United States than in other democracies, despite its far longer history.[1] This is sometimes explained by the unique lack of express textual authorization for the power,[2] even though it is not as if inclusion in the constitutional text immunizes a provision from widespread criticism and contestation.[3] To my mind, a more...
The ICE Trap: Deportation Without Due Process
Introduction Since 2014, an unprecedented surge of in absentia removal orders has resulted in the deportation of tens of thousands of noncitizens, often at the expense of due process.[1] The Immigration and Nationality Act (INA) permits an immigration judge to order a noncitizen removed in absentia—that is, “in the absence” of the noncitizen—if the government establishes by clear, unequivocal...
Sexual Privacy and Persecution
Abstract As women and members of marginalized communities across the globe are increasingly the targets of online sexual violence and threats, future asylum claims are likely to involve allegations of online sexual privacy violations. This Essay proposes a framework for conceptualizing sexual privacy-threatening online acts, such as deepfake sex videos and nonconsensual pornography, as past...
Learning From My Teachers
Abstract
Each year, the UCLA School of Law presents the Rutter Award for Excellence in Teaching to an outstanding law professor. On April 12, 2022, this honor was given to Professor Aslı Ü. Bâli. UCLA Law Review Discourse is proud to continue its tradition of publishing a modified version of the ceremony speech delivered by the award recipient.
Tribal Sovereignty, Decolonization, and Abolition: Why Tribes Should Reconsider Punishment
ABSTRACT This Comment outlines the intersections of abolition theory and decolonization theory, and then proposes that Tribal Nations become leaders in reconsidering systems of punishment and instead create systems of care and liberation. It argues that because abolition is a decolonial project, tribes should adopt abolitionist practices in their own communities. Part I provides an overview of...