Abstract The right to abortion was established in Roe v. Wade in 1973. Abortions have nevertheless been systemically inaccessible to vulnerable individuals and communities for generations, and anti-abortion state legislatures and the United States federal judiciary have continued to further obstruct abortion access. This effort to undercut reproductive rights has taken on a new sense of...
Reversal Rates in Capital Cases in Texas, 2000–2020
A death row inmate who challenges either his conviction or sentence in postconviction proceedings can be said to succeed if he obtains either a new guilt-phase trial, a new sentencing-phase trial, or a commutation of his death sentence. This Article reports on the success rates of death row inmates in Texas for those who arrived on death row on or after January 1, 2000, up until December 31, 2019...
Season 5, Episode 4: The Information Imbalance: How privacy laws are tipping the scales of justice against defendants.
March 10, 2020 In this episode, we sit down with Professor Rebecca Wexler to discuss the intersection of privacy laws and the criminal justice system. States around the country are adopting new, stricter privacy laws, in response to a growing awareness of just how much personal and important data companies are keeping about consumers, and how vulnerable that data is. But those privacy laws have...
Introduction: Indigenous Peoples, Sustainability and Climate Change
Regents Professor of Law, University of Arizona; Visiting Professor of Law and American Indian
Unmasking Western Science: Challenging the Army Corps of Engineer’s Rejection of the Isle de Jean Charles Tribal Environmental Knowledge under APA Arbitrary and Capricious Review
Introduction The law masks as natural what is chosen; it obscures the consequences of social selection as inevitable. The result is that the distortions in social relations are immunized from truly effective intervention, because the existing inequities are obscured and rendered nearly invisible. The existing state of affairs is considered neutral and fair, however unequal and unjust it is in...
Kānāwai: Using Ancient Hawaiian Law to Prepare for the Future
Kānāwai: Using Ancient Hawaiian Law to Prepare for the Future Introduction The Kingdom of Hawaiʻi and its people have been wrought with turmoil since their first contact with Western civilization. From systematic land taking to the overthrow of the Kingdom, Kanaka Maoli[1] have encountered colonization, militarism, and imperialism at almost every turn. However, with ea (life) and aloha (love)...
Sacchi v. Argentina: Fighting for Indigenous Children’s Climate Rights
Sacchi v. Argentina: Fighting for Indigenous Children’s Climate Rights Introduction On September 23, 2019, a group of sixteen children from twelve countries, ages ranging eight to eighteen, filed an official petition against five countries[1] under the United Nations Convention on the Rights of the Child (UNCRC). [2] Sacchi v. Argentina[3] represents the first time in history where children have...
Conservation, Co-Management, and Power-Balancing in Haida Gwaii
Introduction Canadian legal precedent dictates that First Nations with a prima facie claim to Aboriginal title are owed a duty of consultation and accommodation by the government. Moreover, the fulfillment of Aboriginal rights generally is motivated, in the view of the courts, by the desire for reconciliation between Indigenous groups and the colonial government. Co-management of lands and...