In the United States, Europe, and elsewhere, museums are in possession of cultural objects that were unethically taken from their countries and communities of origin under the auspices of colonialism. For many years, the art world considered such holdings unexceptional. Now, a longstanding movement to decolonize museums is gaining momentum, and some museums are reconsidering their collections. Presently, whether to return such looted cultural heritage...
CLR Forum
In March 2024, police killed Ryan Gainer, a Black teenager with autism, in his California home after his family sought help during a behavioral crisis. Several months later, police killed Sonya Massey, a Black woman experiencing a mental health crisis, in her Illinois home. This Comment examines the failure of U.S. privacy law to protect disabled people of color in their homes, using the deaths of Ryan Gainer and Sonya Massey as case studies. Through...
Engaging with the sociocultural dimensions of race and racism across U.S. history is essential when creating, critiquing, and reforming the law. Building on Robin West’s exploration of the law and culture movement, this Piece introduces a novel “hermeneutic” project that reads Black American culture throughout U.S. history to gain critical insights into the nature and function of law in America. Black American culture, deeply rooted in the...
This Piece operates at the intersection of comparative environmental law and legal history. It introduces a novel distinction between two paradigms of technology-based pollution standards: the first, uniform across all places and environmental conditions, and the second, tailored to local environmental and economic circumstances. It then compares the air pollution regimes of the United States and the European Union with an eye to the relative place...
Introduction In his compelling new book, Invisible Atrocities, Professor Randle DeFalco explores the function of the aesthetics of violence in international law. In particular, he questions international law’s preference for sanctioning spectacular demonstrations of violence rather than more banal, bureaucratic actions that cause massive scales of suffering and misery. The book resonated with us because […]
People routinely refer to copyright and trademark as “soft IP” to distinguish these practices from another area of intellectual property: patent. But the term reflects implicit biases against copyright and trademark doctrine and practitioners. “Soft IP” implies that patent law alone is hard, even though patents are no more physically, metaphorically, or intellectually hard than copyrights and trademarks. Despite stereotypes to the contrary,...
This Piece responds to recent critiques of litigation articulating a religious liberty right to access abortion. It argues that under current and expansive religious liberty doctrine, patients seeking a religious right to abortion have standing to sue even prior to pregnancy, their sincerity should not be unfairly disputed, and existing secular exemptions in abortion laws undermine the state’s alleged compelling government interest in prohibiting...
Social Security is funded by a regressive tax in which wages below the wage cap ($160,200 in 2023) are taxed at a flat rate but wages above the cap are taxed at zero. To address this normative shortcoming and make Social Security progressive, this Piece proposes eliminating the wage cap and using the resulting additional revenue to fund a zero-rate Social Security tax bracket analogous to the standard deduction of the federal income tax.
IRS...
A crucial path to legal status for immigrant victims of crimes is the U visa, which Congress established with strong bipartisan support to protect victims of particular crimes who are helpful to law enforcement. Because the U visa was intended to encourage reporting of crimes, the application requires a certification form to be completed by a federal, state, or local authority that is investigating or prosecuting the alleged offense. Arbitrary...
This Piece embraces a fictional narrative to illustrate deep flaws in our legal system. It borrows its basic structure and a few choice lines from George Orwell’s classic novel Nineteen Eighty-Four. Like Orwell’s novel, it is set in the not-too-distant future to comment on problems already emerging in the present. The footnotes largely provide examples of some of those problems and how courts have treated them in a constitutional law...