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Sheikh D: Lawful Repair

Lawful Repair

Reimagining Law Through Queer Dissent

Americans take it for granted that the states of the union make up an economic common market. But that is the case only because early in the nation's history the Supreme Court ruled that the Commerce Clause of the Constitution establishes a principle--sometimes called the "dormant Commerce Clause" principle--that blocks individual states from cutting off the free flow of cross-border trade. From the 1820s onward the Court has issued hundreds of rulings applying this doctrine to prevent the states from imposing tariff-like taxes, local processing requirements, and other restrictions on the free movement of goods and services across state lines. The result for the nation has been, as Justice Robert Jackson once observed, a "material success that . . . has been the most impressive in the history of commerce." After joining the Court in 1986 Justice Antonin Scalia challenged the dormant Commerce Clause principle as an illegitimate judicial innovation at odds with a proper "originalist" interpretation of the Constitution. This critique, moreover, quickly picked up steam as other prominent jurists and commentators--most notably, Justice Clarence Thomas--gave it their enthusiastic support. Is the originalist challenge to the dormant Commerce Clause rule well-founded? In The Common-Market Constitution, Coenen argues that the answer is no. Like Justice Scalia, Coenen focuses on discovering the original public meaning of the Commerce Clause. According to Coenen, however, the text and history of that clause compel a conclusion that is the direct opposite of the one that Justice Scalia reached. As Coenen demonstrates, a proper originalist assessment of the dormant Commerce Clause principle requires consideration of a sweeping body of text- and history-based evidence that ranges far beyond what critics of that principal rule have focused on in the past. A full and fair appraisal of that evidence, Coenen argues, leaves no doubt that the constitutional rule that the Court has long applied to safeguard the American common market does reflect the original public meaning of the Commerce Clause.

Text, History, and the "Dormant Commerce Clause" Rule

The Common-Market Constitution

The Office of Hawaiian Affairs is a semi-autonomous government agency established at the height of the Hawaiian cultural and political renaissance to expend public funds for the benefit of Native Hawaiians. In The Sword of History Troy Andrade offers a legal and political history of this agency in order to excavate its role in the ongoing struggle for Native Hawaiian self-determination. Andrade demonstrates how the framing of past events in connection with present-day lawmaking perpetuates narratives of either justice or injustice, which in turn support or undermine the legal bases for reparative action. He sheds light on how history becomes a metaphorical sword that is wielded by those with power to control reconciliation efforts. &nbsp;&nbsp;Using legal records, archival materials, and personal interviews, this manuscript expands on legal-historical understandings of the use of collective memory in different legal institutions, such as through state constitution building, legislation, and court opinions. Andrade deftly weaves a compelling narrative out of these complex and often fraught legal battles, which often had implications far beyond the Hawaiian state. Ultimately this book offers a novel perspective on the complicated legal politics surrounding indigeneity in the U.S. writ large.

The Office of Hawaiian Affairs and the Struggle for Reparative Justice

The Sword of History

Speech has become an increasingly central feature of international criminal proceedings, particularly in cases involving senior political or military leaders. The PJI Guidelines are grounded in extensive jurisprudence, empirical research, and scholarly analysis, drawing on decisions from international courts and tribunals as well as broader interdisciplinary insights. Anchored on the fundamental right to freedom of expression, the Guidelines conveys guidelines for securing criminal accountability. In doing so, the book addresses cutting edge issues including disinformation, interpretation, social media, and AI propagated inflammatory and hateful speech, among other topics. It proposes 10 Key Guidelines, including an amendment to Article 25(3)(e) to criminalise intentional, direct and public incitement to any atrocity crime under the Rome Statute. Contributors are: Katharina Braun, Juan Manuel Klein, Damla Yasemin Ipek, and Manuel J. Ventura.

The Peace and Justice Initiative Guidelines

Speech Crimes in the Digital Era

Asian Yearbook of International Law, Volume 30 (2024)

For the last thirty years, Eric Francis has covered crime in Vermont, the state with, according to the statistics, the lowest crime rate in the nation. But statistics are statistics and people are people, and Eric, who calls himself the last of the living dinosaurs, is out there day after day reporting on robberies, assaults, car accidents, and the rising tide of drug overdoses due to fentanyl. It's far from quiet in the safest state in the US. Every day brings something new and more often than not strange (in a Vermont way). As recently as six years ago, there would have been other reporters and photographers covering these stories. Now, in the Upper Valley of Vermont and New Hampshire, Eric is the only local journalist on the scene, any scene. This book chronicles the life and times of one of the very last people paying attention to what's really going on in a rural New England that only seems tranquil... Dispatches from individual lives, as they happen: Each short book originates in short confidences recorded by individuals during borrowed moments from their interesting lives. Set amidst some of our most pressing contemporary predicaments and edited by award-winning writers Peter Orner and Laura Lampton Scott, Dispatches captures some of the highs and lows of daily human endurance.

The Life and Days of Eric Francis (Dispatches #3)

Covering Crime in the Safest State in the Nation

Choosing tenants, raising the rent, returning deposits, and maintaining rental property--these are just a few of the things landlords do that are strictly regulated by California law. To avoid problems and hefty legal fees, rental property owners and managers need to know and comply with federal, state, and local rules, and use the proper legal forms. Fortunately, everything you need is in this book. Rent control and eviction protections are blossoming throughout California; alongside statewide protections, even small municipalities are enacting local ordinances that affect rent, terminations, and notices. This book contains a unique rent control chart that explains key provisions and gives information on how to learn more. No California landlord can afford to do business without checking for local ordinances and following them.

Rights & Responsibilities

The California Landlord's Law Book

If you want to know more about living trusts, this book is here to help. Make Your Living Trust gives you straightforward and easy-to-understand information about how living trusts: <ul> <li>compare to wills</li> <li>pass property to beneficiaries without probate</li> <li>provide for minor children, and</li> <li>help protect against unexpected incapacity.</li> </ul> You might have heard about living trusts and have a general sense that you should make one. But if you're like most people, you're not exactly sure why or how to do it. If this sounds like you, Make Your Living Trust provides the information and support you need to make informed estate planning decisions. For many people, living trusts are a useful tool to keep their property out of probate. This makes a lot of sense because probate often makes the process of wrapping up an estate more complicated and expensive than it needs to be. And there are other reasons to make a living trust -- a living trust allows you to authorize someone to take care of your property in case of incapacity, and (unlike wills) living trusts keep your personal business private. That said, not everyone needs a living trust. Many people need only a will and a durable power of attorney. Others might use those in conjunction with pay-on-death accounts or transfer-on-death deeds. Compared to other estate planning tools, living trusts can be more expensive to create and more complicated to live with. So, you don't want to go through the trouble and expense of making one if you don't need to. Make Your Living Trust helps you think through these and many other trust-related issues. For example, it helps you weigh the pros and cons of making a living trust yourself versus having an attorney draw one up. It also covers questions that might come up as you make a living trust (with or without a lawyer), like: <ul> <li>What types of property work well in a living trust?</li> <li>Can you and your spouse make a living trust together?</li> <li>What is the role of a successor trustee?</li> <li>Who decides when minor children receive their inheritance?</li> <li>How do you transfer property into your living trust?</li> <li>What makes a living trust legal?</li> <li>Where should you store your living trust?</li> <li>Do you have to register your trust or share it with your family?</li> <li>What other estate planning documents might you need?</li> </ul> Make Your Living Trust can help with all of this and more. It will be your steady companion as you learn about wills and trusts and start to craft your estate plan.

Make Your Living Trust

For decades, LGBTI people simply did not exist in the language of international human rights law. No treaty named them, and no UN body addressed their demands. They had been written out of the universal promise of human rights. Based on archival research in Amsterdam and London, three years of participant observation at the UN, and in-depth interviews with activists, diplomats, and UN officials, Queer International Activism tracks the strategies, coalitions, and creative advocacy efforts through which LGBTI activists gradually inserted themselves into the world's most powerful human rights institutions. &nbsp;&nbsp;The book traces five distinct ways in which queer civil society organizations worked to reshape human rights subjecthood: reframing the meaning of universality; drafting their own international legal instruments; forging coalitions inside UN bodies; confronting the colonial assumptions embedded in global sexuality politics; and leveraging personal relationships and individual identity to open doors that formal institutional rules kept closed. But this is not a straightforward victory narrative. The power queer activists have won is real but precarious, built on relationships and opportunity rather than on deep institutional change, and the influence activists have gained depends on conditions that can disappear. As opposition to LGBTI rights escalates across the globe, this book underscores the urgency of understanding how queer activist changed the trajectory of human rights law, and how fragile these victories remain.

Crafting New Subjects of Human Rights

Queer International Activism

This book gives the first in-depth assessment of how justification functions when women are claiming their right to equality. How can courts assess whether a proposed limit to women's equality is constitutionally justified? This question is rarely explicitly asked, with the assumption that well-established limitation frameworks, such as proportionality, are able to assess whether limits to women's rights are justified. However, delving into the theory and practice of justification reveals fracture points between the dominant approach to justification and women's rights to equality. One of its distinctive characteristics is the question of whether any analytical entwining or unwinding of equality and justification enhances the protection of women's rights to equality in constitutional democracies. It proposes a novel asymmetric relationship between equality and justification that requires innovative methodological approaches that enrich the task of adjudicating limits to women's equality. This is an intriguing, articulate and compelling examination of a question with real and applied significance to all those working on human rights and equality.

The Function of Justification in Achieving Women’s Equality

Hanging in the Balance

First-Time Landlord, a consistent customer favorite, shows how to start a landlording business and maintain it in one's spare time. Contains concise information on how to make money with a single-family home without getting into financial or legal hot water. Readers will learn how to rent out a property lawfully and safely, assess likely profitability in advance, find good tenants (or deal with difficult ones), prepare and sign the lease, handle repairs and maintenance, comply with state laws, and when the time is right, sell at a profit. With timely tips and true stories from successful landlords (including some who learned tough lessons along the way), First-Time Landlord is an indispensable book for property owners who want to rent out a single-family home.

Your Guide to Renting Out a Single-Family Home

First-Time Landlord

This book explores the global phenomenon of migration, transplantation, and borrowing of constitutional ideas. It combines conceptual and normative approaches to dissect a phenomenon which has been both praised and maligned in political and academic discourse. The book takes a broad view of the term 'constitutional'. Its contributors are drawn from the fields of comparative constitutional law, EU law, medieval history, political philosophy, international law, private law, and administration of justice. They consider constitutional transplantation as a specific case of the migration of ideas and place it within that broader intellectual framework of the movement of knowledge. The results of the movement of constitutional ideas can be found outside, as well as within, the law, and the implications of such movement go beyond it. The authors examine legal and constitutional systems in Asia, Europe, North and South America, as both sources and recipients of transplantations. The authors analyse, from historical, conceptual, and normative angles, the transplantation of constitutions and constitutional ideas from one state to another, and the role played by cultures and histories in the reception of constitutional provisions and ideas.

The Diffusion and Adoption of Constitutional Ideas

Constitutional Transplantations

A Cumulative Accountability Model for Transnational Arms Transfers

The Arms Trade, Corporate Accountability and International Law

Lawful Repair

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