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...
Sikh Sovereignty as Food Sovereignty: Toward a Sikh Jurisprudence to Fight Climate Change in Punjab
Punjab is the land of the five rivers: An agriculturally rich and fertile region in South Asia divided by the modern-day international border of India and Pakistan. It was among the last regions in South Asia to succumb to colonization by the British Empire in the mid-1800s. Sikhs are a religious minority community who follow the religious and spiritual tradition of Sikhi, which originated in...
Episode 5.3: They Walked the Line: Teacher Strikes and the Fight for Public Education
February 28, 2020 In this episode, we interview Anne Busacca-Ryan. Anne is a former teacher and a UCLA Law alumna who is currently a staff attorney with Public Counsel who works on issues surrounding children’s rights and education. In her interview, Anne gives us the legal context and background to understand the wave of teacher strikes around the country in the last year. Anne was also a...
Can Fourteen- and Fifteen-Year-Olds Be Transferred to Adult Court in California?: A Conceptual Roadmap to the Senate Bill 1391 Litigation
California Legislature amended Prop. 57 with California Senate Bill 1391, which prohibited the transfer of fourteen- and fifteen-year-olds beyond narrow exceptions. In response, the California courts have faced a series of cases brought by district attorneys challenging the constitutionality of SB 1391. This Article describes the sources of disagreement throughout this litigation and makes the...
Aspiring Americans Thrown Out in the Cold: The Discriminatory Use of False Testimony Allegations to Deny Naturalization
This Article looks closely at the good moral character clause and its potential to enable individual and institutional bias through a subsection that allows United States Citizen and Immigration Service (USCIS) to deny a naturalization petition when USCIS finds that the applicant offers “false testimony” and thus lacks requisite “good moral character.”
The Properties of Integration: Mixed-Income Housing as Discrimination Management
This Article argues that mixed- income housing is implemented as a surreptitious form of racial and economic integration that accommodates and replicates prevailing race and class assumptions detrimental to the needs and interests of low to moderate-income individuals in need of housing.
Shoveling a Path After Star Athletica
This Article explains some of the challenges presented by the opinion of Star Athletica and argues that clearer attention to the differences between design patent and copyright could have helped—and might still be useful going forward.