LATEST SCHOLARSHIP

The Welfarist Approach to Human Rights Treaties: A Critique

This Essay provides analysis and some criticism of the argument that international human rights treaties should focus more on development and welfare and less on basic negative rights. It argues that “welfarist” treaties that completely ignore human...

Property and Transitional Justice

Transitional justice is the study of the mechanisms employed by communities, states, and the international community to promote social reconstruction by addressing the legacy of systematic human rights abuses and authoritarianism. The transitional...

The Death of Twentieth-Century Authority

The case of Bush v. Gore stands out as the seminal decision that decided the disputed presidential election of 2000. For legal researchers, it was a herald of a different sort. With the citation in the per curiam opinion to an online newspaper...

Trademark Intersectionality

Even though most scholars and judges treat intellectual property law as a predominantly content-neutral phenomenon, trademark law contains a statutory provision, section 2(a), that provides for the cancellation of marks that are “disparaging,”...