AuthorLRIRE

Monuments of American Sorrow

Abstract The COVID-19 pandemic not only exposed the socio-political and economic hardships that plague vulnerable communities across the United States, but it also challenged academicians with caregiving responsibilities.  Teaching from home threatened the very notion of work-life balance.  Compounding these pressures, faculty members were tasked with teaching online amidst the traumas of the...

Remaking Appalachia: Ecosocialism, Ecofeminism, and Law: A Conversation With Author Nicholas F. Stump and Professor Priya Baskaran

Abstract We are living in a moment of nearly constant, cascading ecological crises.  In the United States alone, we have witnessed record-breaking heat waves in the Pacific Northwest, increased forest fires in California, worsening hurricanes in the Gulf Coast, and massive flooding in the Midwest and on the East Coast—all in the summer of 2021.  The need for transformative ecological...

From Academic Freedom to Cancel Culture: Silencing Black Women in the Legal Academy

ABSTRACT In 1988, Black women law professors formed the Northeast Corridor Collective of Black Women Law Professors, a network of Black women in the legal academy. They supported one another’s scholarship, shared personal experiences of systemic gendered racism, and helped one another navigate the law school white space. A few years later, their stories were transformed into articles that...

Children as Bargaining Chips

ABSTRACT The parent-child relationship is one of the most valued and protected relationships in constitutional and family law. At the same time, the state has custodial power over children: a power that is necessary in some cases to protect vulnerable children from danger, neglect, and abandonment. But because the parent-child bond is so powerful, state actors can be tempted to exploit it for...

Business Secrecy Expansion and FOIA

ABSTRACT Expansive trade secrecy claims (such as those regarding voting machine software and government contractor pricing) can negatively impact government transparency and democratic accountability. In one important context—Freedom of Information Act (FOIA) cases—courts have addressed these concerns by imposing constraints on the definition of “trade secrets” and “confidential” commercial...

Alaska Native Hunting and Fishing Rights in a Changing Climate: Katie John, Sturgeon, and a Path Forward

Abstract Climate change creates a worldwide threat that is distributed unequally across the globe. Alaska Natives are uniquely vulnerable to climate change, both because it is impacting the Arctic more than other regions and because of the importance of traditional hunting and fishing practices to Alaska Native culture. The fact that climate change is impacting them so severely, however, is not...

When Does Questioning Related to Immigration Status Constitute a Miranda Interrogation?

Abstract This Essay puts forward a two-element argument that noncitizen defendants can use to establish that they have been interrogated for Miranda purposes when they have been questioned about their immigration status by Immigration and Customs Enforcement (ICE) officers.  I examine the briefing and decision in one defendant’s case to illustrate why this two-element argument matters, and why it...