Article

Desegregating Teachers

Wendy Parker
Our public schools are more segregated than is commonly recognized. Through an original empirical study of 157 school districts, this Article uncovers that teachers are resegregating, just as students are. Many educators, policymakers, and legal scholars would find no fault with this resegregation because they disconnect integration from quality of education. The consequences of teacher segregation, however, remain uncharted territory in this debate over the value of school integration. The…
Article

Beyond Indigenous Property Rights: Exploring the Emergence of a Distinctive Connection Doctrine

Human rights law has begun to offer normative protection for what remains of indigenous lands. Yet territory now better defended from conquest and encroachment is increasingly threatened by their byproducts. Water scarcity, food security, waste deposition, climate change — in short, the multiple impacts of industrial development — pose a new territorial challenge to indigenous communities that will test the reach and capacity of the human rights regime. This Article…
Article

The Wreckage of Recklessness

Geoffrey Christopher Rapp
“Recklessness” is one of the oldest concepts in Anglo-American tort law, and it is also one of the most poorly understood. Often identified as a tort falling somewhere between “negligence” and “intentional misconduct,” recklessness has evaded precise judicial interpretation for two hundred years. The Restatement of Torts defines recklessness as conscious disregard of a substantial risk of serious harm, but courts have been unable to interpret consistently the key elements…
Note

Thar Be Treasure Here: Rights to Ancient Shipwrecks in International Waters—A New Policy Regime

David Curfman