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National Security Lawyering in the Post-War Era: Can Law Constrain Power?

Abstract Do we face a rule of law crisis in U.S. national security law? The rule of law requires that people and institutions are subject and accountable to law that is fairly applied and enforced. Among other things, this requires that those bound by the law not be the judges in their own case. Does national security lawyering meet this standard? And if not, what should be done about that? This...

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. By recovering the efforts of the Global South to...

The Civil Rights of Health: A New Approach to Challenging Structural Inequality

An emerging literature on the social determinants of health reveals that subordination is a major driver of public health disparities. This body of research makes possible a powerful new alliance between public health and civil rights advocates: an initiative to promote the “civil rights of health.” Understanding health as a matter of justice, and civil rights law as a health intervention, has...

“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...

“You Write in Cursive, I Write in Graffiti”: How #BlackLivesMatter Reorients Social Movement Legal Theory

This Comment compares and contrasts: (1) analyses and recommendations posited by longstanding Constitutional scholars discussing social movements, with (2) the efforts and achievements by the Black Lives Matter movement. Using the scholarship of Jack Balkin and Reva Siegel as examples, this Comment argues that their prescriptions for social movements that seek to affect changes in constitutional...

How Not to Lie About Affirmative Action

This Article empirically examines the six primary deficiencies impacting extant research on affirmative action in law schools and highlights how inattention to—and sometimes outright disregard for—these issues continues to muddy the debate over affirmative action.