Illinois Law professor Lesley M. Wexler comments on a decision by the Massachusetts Supreme Judicial Court affirming Harvard’s ownership over slave daguerreotypes, but allowing causes of action for negligent infliction of emotional distress and for reckless inflection of emotional distress to move forward. Professor Wexler explains how the majority opinion and each of the two concurrences—one of which invites future plaintiffs to submit novel claims to seek ownership and the other which proposes a cause of action for descendants of slaves to receive ownership of wrongfully attained property—might fit within transitional justice.
Illinois Law professor Lesley M. Wexler comments on a case in which a Massachusetts court affirmed Harvard’s ownership over several slave daguerreotypes despite the horrific and now criminal conditions under which the pictures were taken. Professor Wexler argues that the double injustice of mistreating enslaved people and using them to prove a theory of their lesser-than status calls for application of transitional justice principles, not ordinary law.
In this fourth in a series of columns about the U.S. military drone strike in Kabul that killed ten civilians (including seven children), Illinois Law professor Lesley M. Wexler considers whether the United States has now satisfactorily provided the recommended amends and discusses what more ought to be done. As to what more is needed, Professor Wexler suggests congressional review of the incident, chain of command accountability decisions, and a broader review of drone strikes.
Illinois Law professor Lesley M. Wexler argues that a just society should not punish unvaccinated persons in the allocation of even scarce medical care and resources, despite the exceptional circumstances of a global pandemic. In support of this position, Professor Wexler analogizes to the exceptional circumstances of war, pointing out that the laws of war also emphatically reject status discrimination in medical decision-making.
In this third and final part of a series of columns on the Kabul drone strike in August that killed numerous civilians, Illinois Law professors Lesley M. Wexler and Jennifer K. Robbennolt suggest a robust approach to making amends for the victims of lawful harm imposed during drone strikes and other military uses of force. Professors Wexler and Robbennolt note the substantial support for various aspects of amends from many key stakeholders, including the victims and their families, members of the military who suffer moral injury as a result of the killings, and even the U.S.’s military objectives, which often rely on winning the hearts and minds of local populations.
In this second of a three-part series of columns on the Kabul drone strike in August that killed numerous civilians, Illinois Law professor Lesley M. Wexler addresses the U.S. approach to voluntary condolence and solatia payments. Professor Wexler explains what these payments require and how they often fall short, and she points out the gulf between commitments to making condolence and solatia payments and payments actually made.
In this first of a three-part series of columns on the Kabul drone strike in August that killed numerous civilians, Illinois Law professor Lesley M. Wexler raises two key concerns: that civil society rather than the government brought the mistake to light, and that there is no legal requirement to pay reparations. Professor Wexler describes the reasons behind our reliance on journalists and civil society to investigate problems like this strike and explains the relevant laws of war that allow the victims’ families to go uncompensated.
Illinois Law professor Lesley M. Wexler comments on Britney Spears’s petition to end her conservatorship and explains how her situation reflects general attitudes about believing women. Professor Wexler argues that the #FreeBritney movement may shape emerging norms of believability, which is often a precondition to convincing judges, jurors, co-workers, friends, and others in society about both the existence of abuse and its impact on its victims.
Illinois Law professor Lesley M. Wexler comments on the recent overhaul of the Vatican’s Code of Canon law, pointing out areas in which it shows promise and also its possible shortcomings. Despite some features that warrant skepticism, Professor Wexler argues that the reforms reflect a serious reckoning with past scandals, evolving understandings of consent, and an attempt to use the criminal code to deter bad behavior both by sexual abusers and those who would protect them, rather than their victims.
In this second of a series of columns on military sexual harassment and sexual assault, Illinois Law professor Lesley M. Wexler compares and contrasts the U.S. military’s efforts to address the problem with how the Canadian military is addressing the same issue. Professor Wexler notes that Canada’s government has adopted several tools to address sexual harassment and misconduct that the United States has not yet accepted, and while the two militaries are not identically situated, we should pay close attention their efforts and see whether lessons may be learned.
Illinois Law professor Lesley M. Wexler comments on a recent announcement by the Army Forces Command that fformal sexual harassment complaints would be moved out of the direct chain of command, instead going to an investigating officer outside the accused’s brigade. Professor Wexler explains that, while this might read as a small procedural change, it is actually a meaningful step for an institution long committed to a commander-centric justice model.
In this second of a series of columns, Illinois Law professor Lesley M. Wexler continues analogizing Oprah’s interview with Meghan and Harry to a truth commission and describes some goals against which we might measure the success of a truth commission. Professor Wexler proposes such measures as (1) whether the commission finishes its mandate and widely disseminates its findings, (2) whether it establishes a definitive narrative of the relevant abuses, and (3) whether it serves as catharsis for individual victims. She suggests that although some initial facts on the ground are negative, reform and reconciliation are still possible.
Illinois Law professor Lesley Wexler explains how Oprah’s interview with Prince Harry and Meghan Markle might illuminate how a formal truth commission to deal with legacies of racism and colonialism might function in the British empire. Professor Wexler describes the purpose and function of state-operated truth commissions and notes the similarities and differences between those and the interview.
Illinois law professor Lesley Wexler explores the extent to which the role of famous, white, cis, heterosexual women as some of the most visible faces in the #MeToo movement helps or hinders the campaign. Professor Wexler proposes that conservation biology can help us understand the role of these celebrity women and harness their contributions to the #MeToo movement and also provide better assistance to other individuals and communities facing their own #MeToo struggles.
Illinois law professor Lesley M. Wexler and Nicola Sharpe discuss various corporate responses to the recent storming of Capitol Hill and consider whether such responses might constitute private transitional justice. Professors Wexler and Sharpe point out, however, that simply vocalizing a commitment to social justice, diversity, and inclusivity is not enough; corporations should diversify boards and leadership representation and take other quantifiable steps that transform corporate culture and processes.
Illinois law professor Lesley M. Wexler describes how Amanda Gorman’s The Hill We Climb and Jericho Brown’s Inaugural,’ an Original Poem—as two inaugural poems—fit within the call of transitional justice. Professor Wexler explains how, read together, the two poems provide a roadmap of the transitional justice terrain the government may choose to tread.
Illinois law professor Lesley M. Wexler discusses the possibility of and criteria for amend making, amid calls for national unity and moving forward after the violence at the Capitol on January 6. Professor Wexler focuses on Oklahoma Senator James Lankford’s recent apology after his call for an electoral commission, applauding Senator Lankford for his willingness to apologize but pointing out that these actions alone do not undertake much of the hard work demanded by restorative and transitional justice.
In light of the events of January 6, Illinois law professors Lesley M. Wexler and Colleen Murphy identify some preliminary questions raised by private actors sanctioning other private actors for the latter’s potentially criminal activities at the Capitol. In particular, Professors Wexler and Murphy explain why the event gives rise to transitional justice concerns, and through the transitional justice lens, they assess the advantages and disadvantages of private action in this context.
Illinois law professor Lesley Wexler comments on philosopher Kate Manne’s recent book, Entitled, in which Mann tackles “privileged men’s sense of entitlement” as a “pervasive social problem with often devastating consequences.” Wexler praises Manne’s work as “illuminating” and calls upon lawyers and law scholars to ask how such entitlements might best and safely be challenged and reallocated, and how new more egalitarian entitlements might be generated and enforced.
Illinois law professor Lesley Wexler comments on a recent report on Faculty Sexual Misconduct issued by a committee at the University of Illinois at Urbana-Champaign that calls for a sweeping overhaul of the University’s approach to sexual harassment. Wexler begins to explore the proposed reforms, describing the major changes and what they aim to address, and she raises some of the questions that the reforms present.