CategoryLaw Meets World

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...

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...

Blockchain-based Digital Assets and the Case for Revisiting Copyright’s First Sale Doctrine

Various concerns about the reproducibility of intangible items have kept digital files from receiving the protections provided by the first sale doctrine of the Copyright Act of 1976. This piece breaks down blockchain technology and discusses how the new technology may alleviate some of lawmakers' concerns in extending the first sale doctrine.