Abstract Although there is a long history of prejudice and discrimination against Latinxs within the U.S. legal system, there is a dearth of research seeking to understand the causal underpinnings of the biased decisionmaking that works against them. While this Article discusses the experience of those who identify as Latinx broadly, in several areas it pays special attention to the experience of...
The Last Resort: Tourism Development on Garífuna Territories in Honduras Through the Lens of Structural-Dynamic Intersectionality
Abstract This Comment analyzes the gaps in protection the Garífuna have experienced both in the Inter-American Court of Human Rights (IACHR) and the U.S. asylum system, taking two cases as case studies. It argues that, in the face of increasing tourism development, the Afroindigenous Garífuna community is positioned at an intersection between the structures of a neoliberal economic model on one...
Supremacy, Inc.!
This Article opens a new area of study at the intersection of federalism and privatization. The Supremacy Clause was designed to resolve inevitable conflicts between two sovereign powers. It was not designed for the triangulated clashes amassing in our privatized era—between states and private actors doing federal work.
Abandoning Presidential Administration: A Civic Governance Agenda to Promote Democratic Equality and Guard Against Creeping Authoritarianism
Abstract Upon assuming the presidency, Joe Biden is likely to enjoy limited congressional support for his legislative agenda. Democrats believe they have a good playbook for this situation: “presidential administration.” Coined by now–Justice Kagan, presidential administration endorses the use of unilateral executive action to advance the president’s policy priorities. We argue that...
Deploying Race, Employing Force: ‘African Mercenaries’ and the 2011 NATO Intervention in Libya
This Article reflects on the ongoing synergies between international law, race, and empire, as they are articulated in the regulation of mercenarism. It does so by examining the role of the racialized and gendered narratives about “African mercenaries” in the context of the UN Security Council authorization of the 2011 NATO intervention in Libya.
The Wrongful Death of an Indian: A Tribe’s Right to Object to the Death Penalty
Abstract This Essay responds to the execution of Lezmond Mitchell, the only American Indian on federal death row. The execution was carried out on August 26, 2020 over the objection of both members of the victims’ family and the Navajo Nation. This Essay takes the clear position that because the Federal Death Penalty Act of 1994 requires tribal consent to seek the death penalty for murder, or...
#SoWhiteMale: Federal Procedural Rulemaking Committees
Abstract Of the 630 members of a specialized set of committees responsible for drafting the federal rules for civil and criminal litigation, 591 of them have been white. That is 94 percent of the committee membership. Of that same group, 513—or 81 percent—have been white men. Decisionmaking bodies do better work when their members are diverse; these rulemaking committees are no exception. The...
“Blurred Lines” to “Stairway to Heaven”: Applicability of Selection and Arrangement Infringement Actions in Musical Compositions
In 2015, the “Blurred Lines” verdict catapulted the issue of music copyright infringement into the news. The Ninth Circuit upheld the jury verdict in favor of the Marvin Gaye estate in 2018, shocking the legal and music communities who worry that songwriters can now copyright a vibe. Typically, copyright infringement occurs if someone copies a “substantial” amount of original and protected...