Dealing with the World As it Is: Reimagining Collective International Responsibility

This Article first argues for recognizing not just the legal and political right to engage in humanitarian intervention, but also a legal obligation or duty on the part of the international community to respond with armed force when necessary to ameliorate massive human tragedies or threats of such calamities even where the acquiescence of national governments or those in effective control of the area may be lacking. The argument for a duty adopts a more prescriptive sense of responsibility than the international consensus that is emerging with the “responsibility to protect” doctrine. Secondly, the Article argues that the legal and political legitimacy of humanitarian intervention—or its current iteration, the responsibility to protect—should be predicated upon the international community’s acceptance of a broader collective responsibility, better stated as a duty, to assist those who are imperiled under less spectacular conditions of misery. The analysis is informed by critical concerns such as the indeterminacy and incoherence of legal principles and policies

Reaffirming Faith in the Dignity of Each Human Being: The United Nations, NGOs, and Apartheid

This Article explores serious questions that remain about the U.N. role in human rights struggles following the South African elections. Are there structural barriers that prevent the United Nations from acting more rapidly and decisively on human rights matters? What role does the United Nations have in the human rights struggle beyond the mechanics of electoralism and attainment of formal political equality? How can human rights non-governmental organizations (“NGOs”) help the United Nations become more effective in its human rights work? The fifty-year global campaign against state-directed racial oppression in South Africa provides lessons that help answer such questions. This Article is divided into two parts. Part One reviews five decades of the U.N.-centered global campaign for human rights in South Africa. The campaign was built around dismantling apartheid and replacing it with a new political order, legitimized through elections. The review reveals the general inadequacy of the formal United Nations structure and processes and highlights the effectiveness of the international anti-apartheid movement, human rights NGOs who employed U.N. resources to reach across sovereign boundaries and mobilize popular support against apartheid. This Article\u27s evaluation focuses on the enduring nature and comprehensiveness of the global response to apartheid and suggests that the campaign should be used as a standard for judging global responses to other human rights violations. Part Two of this Article identifies the domestic and international aspects of the global campaign against apartheid that can effectively be applied in other human rights struggles. Part Two of the Article critiques the institutional deficiencies of U.N. intervention, which involved little effort to deal with the underlying socio-economic disparities that pervade South Africa. Part Two also explores how the United Nations\u27 lack of influence on international economic matters undermines the efficacy of popular efforts to address vast economic disparities that characterize societies like South Africa. This Article concludes by discussing how human rights NGOs could further the human rights mission of the United Nations by interpreting their work in light of ideas developed in the critique and defense of rights-discourse. In particular, it discusses the promise of the “jurisprudence of reconstruction,” which is committed to both a radical and critical posture toward power even as it seeks to transform power relationships by appealing to ideas like truth and justice

Unbound by Law: Keith Aoki as Our Avatar

Introducing the memorial symposium in the Oregon Law Review for the late Professor Keith Aoki, who taught at Oregon from 1993 to 2006, we frame the contributions of invited scholars who address Keith’s impact on the law and legal academy through his prolific work on diverse areas of law — intellectual property, local government, critical geography, Asian American jurisprudence, immigration and critical Latina/o jurisprudence. Collectively, the pieces evidence a scholar armed with an unwavering commitment to critical analysis and social justice, while wielding a vast array of cultural and intellectual influences from his career as an artist. Given Keith’s legacy as a beloved mentor to scholars junior and senior and his record as selfless, abundantly generous, courageous, tireless, and creative, we pose the question in this introduction of whether it is possible for someone with all these values and virtues to even exist in academia

Foreword: Citizenship and Its Discontents - Centering the Immigrant in the Inter/National Imagination (Part II)

A couple of years ago, the Immigration and Naturalization Service (INS) swept through several southern states to round up and deport undocumented workers. The sweep was called Operation SouthPAW, PAW standing for Protecting America\u27s Workers. The roundup occurred in two phases, which curiously took place mostly before and after the harvest. The operation was celebrated by the INS and mainstream media as hugely successful in protecting America\u27s workers (and thus America) from encroachment by unauthorized workers. But who gains ideologically and materially from such policing actions? Who loses? These questions of material profit and ideological benefit lie at the heart of this Symposium. The papers in this Symposium investigate the aporetic relations among the nation-state, liberal understandings of citizenship, and problematic constructions of race and ethnicity as they are applied to immigrants. By centering the immigrant in a discussion of citizenship, we aim to highlight the links between the international and intranational spheres. Focusing on the Inter/national demonstrates that the traditional enlightenment-based liberal vision of a world composed of bounded and sovereign nation- states conceals as much as it purports to reveal about the movements of people, citizens and otherwise, across the nation-states\u27 bounded peripheries. The Symposium participants address three overlapping clusters of issues and ideas: (1) the interaction of citizenship, immigration, and race from a U.S. vantage point; (2) a refraining of race, slavery, and the colonial encounter both inside and outside of the U.S. context; and (3) the interrelationship of transnational flows of capital and information and the increasing flow of persons across national boundaries. At the close of the twentieth century, increasing migrations of persons are straining traditional concepts of the imagined community of the nation-state as well as the imagined community among nation-states. Each piece in this Symposium attempts to center the immigrant by examining individual and group agency within these changing communities

Tort Law and Practice

Tort Law and Practice provides a rich context for the study of Tort Law. Teachers and students consistently rate this book highly. This innovative casebook thoroughly develops the core torts principles, and has many unique features, such as: Emphasis on contemporary cases while retaining the classic cases; Use of problems (with model answers for teachers) to facilitate learning and application; Variety of negligence duty issues to select from for classroom focus; Balanced presentation of alternative points of view; Inclusion of substantive and damages issues reflecting the diversity of U.S. society; Summary of contents at the beginning of each chapter to help students keep the concepts in focus; Boxed outline summaries and flow charts to facilitate learning; Ethical issues in personal injury cases discussed in context; and practice materials included to help students understand the process. The Fifth Edition of Tort Law and Practice represents the authors\u27 continued efforts to humanize the subject matter of torts and to include issues reflecting the diversity of our society where relevant. Highlights of the new edition include: Chapter 3: Duty — Tarasoff doctrine: Estates of Morgan v. Fairfield Family Counseling Center Chapter 6: Damages — extensively reworked, and with a new section on Racial, Gender, Cohabitation & Class Fairness in Tort Chapter 8: Intentional Torts — New Cases: The Meaning of Intent (Doe v. Johnson) and Emotional Distress in Discrimination Cases (Graham v. Guilderland Central School District) Chapter 10: Products Liability — New Case on Deviation from Design Specs: Welge v. Planters Lifesavers Co. Chapter 12: Privacy — New Case on Intrusion: Stengart v. Loving Care Agency The comprehensive Teacher\u27s Manual provides insights to the analysis of the cases, suggested teaching techniques, and model answers to the many problems in the casebook.https://scholarlycommons.pacific.edu/facultyteaching/1021/thumbnail.jp

DMTs and Covid-19 severity in MS: a pooled analysis from Italy and France

We evaluated the effect of DMTs on Covid-19 severity in patients with MS, with a pooled-analysis of two large cohorts from Italy and France. The association of baseline characteristics and DMTs with Covid-19 severity was assessed by multivariate ordinal-logistic models and pooled by a fixed-effect meta-analysis. 1066 patients with MS from Italy and 721 from France were included. In the multivariate model, anti-CD20 therapies were significantly associated (OR = 2.05, 95%CI = 1.39–3.02, p < 0.001) with Covid-19 severity, whereas interferon indicated a decreased risk (OR = 0.42, 95%CI = 0.18–0.99, p = 0.047). This pooled-analysis confirms an increased risk of severe Covid-19 in patients on anti-CD20 therapies and supports the protective role of interferon

Jon Jacobson and the Law of the Sea: An Imaginative and Disciplined Brilliance

8 pagesA tribute to Emeritus Professor Jon Jacobso

Unbound by Law: Keith Aoki as Our Avatar

14 page