Search Results for state of law

... . “ Between Law and Action: Assessing the State of Knowledge on Indigenous Law, UNDRIP and Free, Prior and Informed Consent with Reference to Fresh Water Resources .” West Coast Environmental Law . wcel.org/sites/default/files/publications/betweenlawandaction-undrip-fpic-freshwater-report-wcel-ubc.pdf...

...Arthur Ludington Copyright © 1910 by Duke University Press 1910 Ballot Laws in the Southern States By Arthur Ludington At the present time, a little more than twenty years since the adoption of the first Australian ballot laws in the United States, forty-one states and the territory...

...-making between private extraction companies and First Nations, but in fact affords the state a key role in setting the terms. Ultimately, it is not only that the settler state law sets the context for what can be negotiated between the parties, but also that state actors actively facilitate the agreement...

... political organizing and cultural persistence in the face of countless arbitrary enactments of colonial state laws seeking to undermine Indigenous sovereignty. In highlighting the culturally sovereign practices associated with Idle No More as fundamental to a resumptive pedagogy, interlaced by cultural...

... with an income less than $70,000, undocumented college students could not benefit from these proposals due to restrictions in state laws. To the contrary, one out of five undocumented students dropped out of UCLA in the quarter following the implementation of the tuition hikes. Despite the direct impacts...

...” claim possible—and show how it is ultimately not accurate. As crucial tools in the legal arsenal of settler-colonial states, injunctions and the subsequent use of contempt charges carve out a distinctly colonial space within Canadian law for the criminalization of Indigenous resistance, facilitating...

... and European Court of Human Rights case law, this article argues that in authorizing the state to intervene in what appear to be mere expressions of religious belief the right to religious liberty in fact involves the state in making substantive judgments about religion, a domain toward which it claims...

...Veena Dubal As the COVID-19 pandemic ravaged human bodies and economies across the world, millions of app-deployed drivers in the United States—primarily immigrants and subordinated racial minorities—faced a dangerous and perplexing paradox created by law. Simultaneously treated as independent...

... laws” push the limits of American tolerance for increased state authority that is rooted in the logic of the security state. Recent protests can be read as American resistance against the use of the language of austerity that is cynically used to increase antidemocratic state power. © 2012 Duke...

... consequences to abortion seekers over and beyond the restricted access to care. As this article argues, helping abortion seekers, and those who would assist them, parse the changing state of the law and understand the threats in the legal landscape is a critical way that activist attorneys can help reduce harm...

... and our laws to survive this disconnection? And what is it we survive as? We are engulfed, inside a state that maintains its claim to sovereignty over Aboriginal lands and lives. This essay will explore the continuing connections to country from a place inside the “sovereign” space of the state, a space...

... that is on the verge of rupture. Such acts of construction necessarily entail an engagement with—and a contestation over—the state; and they play out, in no small part, on the terrain of law. The article’s focus is on the ways in which recent political economic, organizing, and legal developments in New York City’s...

... as a causal factor, but also in terms of its effects. Copyright © 2019 by Duke University Press 2019 law authoritarianism emergency state of exception neoliberal capitalism Turkey References Agamben Giorgio . 2005 . State of Exception . Translated by Attell Kevin . Chicago...

...Paul B. Preciado The “marriage for all” law, passed by the French Parliament in 2013, could be thought of as a sign of social progress. But if we observe its terms from the viewpoint of contemporary relationships between biotechnologies and sexuality, we can conclude instead that the law has...

... the project of civil rights. Civil rights are, by definition, fundamentally about equality under the law: equal protection, equal access, and equal opportunity. Because the fight for civil rights in the United States was led by Afri- can Americans, many white Americans and others still often reduce...

... about violations of international law by the United States and Canada. Conspicuous as the four dissenting votes in 2007 were Australia, Canada, New Zealand, and the United States. Stri- dent opposition...

... of sovereignty and biopolitics. While democratic autonomy involves the institutionalization of radical democracy, radical democracy needs to be defended against attacks of capital, state, and patriarchy. The question of how such defense can be organized without reproducing the “magic” of the state and law...

...Catherine Mills This essay examines the notion of “playing with law” that Giorgio Agamben proposes in State of Exception and, more broadly, his understanding of “play” as developed in works such as Infancy and History . In this latter text, Agamben provides his most extended discussion of play...

...—a conservative and religious political movement seeking to set up India as a Hindu state—on shaping the contours of secularism in contemporary law. The struggle over the meaning of secularism came to a head in an Indian High Court decision in 2010. The case involved a dispute over the legal title to a piece...

...Colin Dayan This article seeks to make sense of the diverse and contradictory materials of law that intervene in everyday life through strategies of containment, exclusion, and extermination. The prison is now the central public institution in the United States. Though hidden from sight, it defines...