Digital Commons Network^™

Does The Second Amendment Protect Firearms Commerce?, David B. Kopel

David B Kopel

The Second Amendment protects the operation of businesses which provide Second Amendment services, including gun stores. Although lower federal courts have split on the issue, the right of firearms commerce is demonstrated by the original history of the Second Amendment, confirmed by the Supreme Court in District of Columbia v. Heller, and consistent with the Court's precedents on other individual rights.

A Performative Model For Conducting Critical Race Analysis: Josephine Baker, Modern Dance, And Utilizing Narrative To Transform Legal Doctrine, Patrick C. Brayer

Seattle Journal for Social Justice

No abstract provided.

At-Large Municipal Elections Are Discriminatory: A Case Study Of Federal Way And Kent, Washington, Mónica Mendoza-Castrejón

Seattle Journal for Social Justice

No abstract provided.

Challenging The American Empire: A History Of Hypocrisy And Double Standards In Human Rights, Ikran J. Noor

Tapestries: Interwoven voices of local and global identities

Despite having played a significant role in the development and continuation of an international standard of human rights, the United States has a history of hypocrisy and double standards when it comes to protecting human rights both at home and abroad. This essay examines the connection between the United States and human rights in three key parts. Part I examines the concepts of manifest destiny and American exceptionalism that is prevalent in American society and how those concepts influence the United States engagement with foreign countries on human rights. Part II then, through the case studies of Israel and Afghanistan, …

The Story Of New York Times V. Sullivan: How Free Speech Rights Were Intertwined With The Civil Rights Movement, Samantha Barbas

ConLawNOW

This essay, delivered to the Law Library of Congress as the 2023 Constitution Day Lecture, tells the story of New York Times v. Sullivan, widely regarded as one the most important First Amendment decisions of all time. It is a decision that has profoundly affected the workings of the press and shaped the contours of public discourse in the United States. And it is a decision that continues to raise controversy because of the broad protections it gives to freedom of speech at the expense of other rights such as reputation and privacy. The essay summarizes the author’s work …

Lyndon Baines Johnson: A Case Study Of His Servant-Leadership And Its Historical And Modern Effects On Society Today, Jeffrey Coats

Servant Leadership: Theory & Practice

Lyndon Baines Johnson, LBJ, was one of the most influential servant-leaders of the 20th Century

and is considered controversial due to his involvement in Vietnam War, a war he inherited. Johnson was

the living embodiment of a servant-leader who wanted to help the poor, the disenfranchised and

lift them up, making them freer, healthier, wiser, and more autonomous. This is seen throughout

his presidency by pushing for the passage of the Civil Rights Act of 1964 and Voting Rights Act

of 1965 making African-Americans and other minorities equal citizens of society. His

commitment to serve others can also be seen …

Christopher “Chris” M. Beam, Interviewed By Doug Rawlings, Christopher M. Beam

MF087 Vietnam Veterans Oral History

Christopher “Chris” M. Beam, interviewed by Doug Rawlings, August 29, 2000. Beam reviews his early life, attending Williams College in Williamstown, Massachusetts, being invested in the “domino effect,” being disturbed about his fellow students seeking a way out of service, his gendered perspective of serving in the military, enlisting with the U.S. Marines feeling it was a prestigious branch of the military, feeling it was his patriotic duty to serve, signing up for three years of active duty and three year in an active reserve, his mother’s opposition to him entering the military, experiencing a change in heart as his …

Protecting The Promise To The Families Of Tuskegee: Banning The Use Of Persuasive Ai In Obtaining Informed Consent For Commercial Drug Trials, Jennifer S. Bard

San Diego Law Review

This is the first article to call for a ban on the use of AI technology designed to influence human decision-making, “Persuasive AI,” for the purpose of recruiting or enrolling human participants in drug trials sponsored by commercial entities. It does so from a perspective of precaution, not fear. Advances in Artificial Technology that can assist human decision-making have tremendous potential for good. It makes the case for doing so based on both the substantial risk of harm to the decision-making process and the ineffectiveness of intermediate regulatory measures. This Article looks directly at Persuasive AI, a type of AI …

The Tragic Costs Of ‘Protecting’ Trans Youth, Kimberly Jade Norwood, Jaimie Hileman

Scholarship@WashULaw

In the past few decades, our nation has made substantial progress on the rights of LGBTQ+ people. The legalization of gay marriage in Obergefell v. Hodges in 2015 was transformative for our nation. Just five years later, another huge victory was scored in Bostock v. Clayton County, Georgia, when the U.S. Supreme Court ruled that Title VII of the Civil Rights Act of 1964 protected gay and transgender people.

With every gain, backlash often follows. Three years after Bostock, a tsunami of anti-LGBTQ+ bills, and more specifically, anti-Trans bills, littered the nation. Hundreds of bills have been filed since Bostock, …

Aequitas: Seeking Equilibrium In Title Ix, Raymond Trent Cromartie

Sturm College of Law: Faculty Scholarship

Over the past two decades, the scope of Title IX has expanded drastically and now includes the investigation and adjudication of sexual misconduct cases through campus tribunals. Beginning in 2011, the Obama Administration, through a “Dear Colleague Letter” and subsequent guidance, initiated this process by establishing guidelines that required schools to develop and implement policies and procedures for the handling of sexual misconduct cases. Following the publication of the Obama-era guidance, schools scrambled to ensure compliance with the federal guidance, which led to a myriad of applications by universities. Unfortunately, the fallout from the 2011 guidance was widespread litigation initiated …

No Apology Until Abolition: Redressing The Ongoing Atrocity Of Slavery, Brandee Mcgee

San Diego Law Review

There are currently more Black adults under correctional control than there were enslaved at the height of slavery. Despite Black Americans making up only 12% of the domestic population, states imprison them at more than five times the rate of White Americans. In California, the ratio is even higher: the “Black/‌white disparity [is] larger than 9:1.” Although many White Americans are also imprisoned, Michelle Alexander in The New Jim Crow argues that these White prisoners are “collateral damage” to mask a racialized prison-industrial complex (PIC)—with mass incarceration as the main feature.

In 1865, after decades of activism by the abolitionist …

Book Review: Schooling The Movement: The Activism Of Southern Black Educators From Reconstruction Through The Civil Rights Era, Sherry V. Neal

South Carolina Libraries

No abstract provided.

2023 Robert Talbot Civil Rights Speaker Series, University Of Maine Alumni Association, Greater Bangor Area Branch Naacp

Social Justice: Diversity, Equity, & Inclusion

Promotional email for "Maine's Path to Inclusion and Equity: Navigating the Challenges and Opportunities Ahead." The 2023 Robert Talbot Civil Rights Speaker is Rachel Talbot Ross, a highly respected, Maine-based Civil Rights advocate and leader. Talbot Ross is the first Black woman to serve in the Maine Legislature, and has been the Speaker of the Maine House of Representatives since December 2022, making her the highest ranking African-American politician in Maine history.

Title Seven Ate Nine? Extending Bostock's Meaning Of "Sex" From Title Vii To Title Ix, Julia L. Shea

St. John's Law Review

(Excerpt)

When JayCee Cooper walked out onto the platform at a women’s powerlifting competition for the first time, “everything else fell away: her years-long internal struggle over her gender identity, her decision to leave men’s sports when she began transitioning, her doubts that she would ever feel safe if she returned to competitions.” Powerlifting was JayCee’s way of feeling empowered in her own life, but after signing up for more competitions, she was told she could no longer compete because of a discriminatory policy that barred transgender women. Transgender athletes play sports for the same reasons as anyone else, including …

Colored Lawyer, Topeka: The Legend And Legacy Of Elisa Scott, Jeffery Scott Williams

Theses and Dissertations

Attorney Elisha Scott’s reputation for fighting injustice grew so large he received letters addressed only, “Colored Lawyer, Topeka, Kansas.” He was born in obscurity in 1890, but his death made national news in 1963. Scott’s story may not be known at all if his name was not often listed as counsel in Brown v. Board of Education, the 1954 case that desegregated public schools. But it was his sons who filed the case and helped fight it from Topeka to the United States Supreme Court. He was never officially part of the legal team. He had, however, won a …

“A Freedom Rider Before Freedom Rides:” Jackie Robinson Beyond Baseball, Amy Elizabeth Cantrell

Gettysburg College Headquarters

This paper seeks to evaluate the historical discourse surrounding the narrative of Jackie Robinson. Famed for being the first African American player to break the long withstanding color barrier in professional sports, a vast majority of discussion surrounding his story has centered solely on his athletic prowess and triumphs. However, as this paper will explore, Jackie Robinson’s contributions to the wider framework of racial equality and civil rights within America extend far beyond the baseball diamond. Evaluating both his laurels as an activist and socio-political figure as well as how these merits have been depicted, or neglected, in media representations …

John F. Kennedy: Words Louder Than Actions In Newly-Independent Africa, Aidan Briney

Honors Theses

John F. Kennedy's polarizing relationship with newly independent African leaders in the middle of the 20th century is one of the lesser-told stories of his career. From an early age, Kennedy developed a strong compassion for the underprivileged and oppressed. In tandem, he became staunchly pragmatic regarding political decisions. This thesis argues that Kennedy's pragmatic Cold War agenda usually overruled his genuine moral compassion to assist newly-independent African countries. Each chapter analyzes an aspect of Kennedy's moral approach towards building relationships with African nationalists, only to show that his fiercely pragmatic Cold War policy prevented these relationships from reaching their …

The Intellectual And Diplomatic Discourse Of American Progressives And The Late Ottomans, 1830–1930, Brigitte Maricich Powell

Doctoral Dissertations and Projects

The American intellectual and diplomatic discourse with the late Ottoman Empire is an understudied field of history. Major works to date are primarily focused on the US relations with the Turkish Republic starting in 1924, which at best may highlight the Barbary Wars and the Treaties of 1830 and 1862 as a precursor. Few works offer, if any, a comprehensive insight into the diplomatic relationship that evolved between the US and the Near East from 1830 to 1930. This research is meant to fill the absence by probing into the service of key American diplomats and intellectuals who visited and …

When Claims Collide: Students For Fair Admissions V. Harvard And The Meaning Of Discrimination, Cara Mcclellan

All Faculty Scholarship

This term, the Supreme Court will decide Students for Fair Admissions v. President and Fellows of Harvard College (SFFA v. Harvard), a challenge to Harvard College’s race-conscious admissions program. While litigation challenging the use of race in higher education admissions spans over five decades, previous attacks on race-conscious admissions systems were brought by white plaintiffs alleging “reverse discrimination” based on the theory that a university discriminated against them by assigning a plus factor to underrepresented minority applicants. SFFA v. Harvard is distinct from these cases because the plaintiff organization, SFFA, brought a claim alleging that Harvard engages in intentional discrimination …

From Hellfighters To Tuskegee Airmen, Austin Teague

Capstone Projects and Master's Theses

The First and Second World Wars were enormous facilitators for drawing people from all over to enlist. Nowhere was this more the case than in the United States after it entered the war in 1916, and later in 1941. Although a vast majority of those who joined were white, a smaller percentage were African Americans. Due to the racial relations of the time, they were separated into their own black only regiments. The 369th Infantry Regiment would come to be known as the Harlem Hellfighters and were sanctioned to work in the French Army. The 99th Pursuit Squadron, also known …

The Role Of Palestinian Human Rights Organizations In Protecting Civil And Political Rights: The Case Of Ramallah And Albireh Governerate, Salsabeel Shilo, Ismail Iriqat

An-Najah University Journal for Research - B (Humanities)

This study aimed to identify the role of Palestinian human rights organizations in protecting civil and political rights, by studying the efforts made by these organizations to reach their goals. The qualitative approach was adopted to carry out the study, and the interview was used as a tool for gathering information. A sample consisting of seven human rights organizations was selected, and eleven interviews were conducted with some of those working at these institutions. The results of the study revealed that human rights organizations contribute to right to life protection by (56%), Right to Physical Integrity by (53%) Right to …

Allen V. Milligan: Anticlassification And The Voting Rights Act, Graham Stinnett

Duke Journal of Constitutional Law & Public Policy Sidebar

The "crown jewel" of the Civil Rights Movement, the Voting Rights Act of 1965 has been called "one of the most effective statutes ever enacted." However, in 2013 the Supreme Court famously gutted the Voting Rights Act in Shelby County v. Holder. Nearly a decade later, in Allen v. Milligan, the Court is now signaling that Section 2, the last remaining core provision of the Voting Rights Act, could be on the chopping block. With Milligan, the Court may be preparing to inject race-neutrality into Section 2, which could destroy the vestiges of the onetime "super-statute."

This …

The Role Of Black Women In The American Civil Rights Movement, Ashley Levins

OUR Journal: ODU Undergraduate Research Journal

This essay examines the role of Black women in the American Civil Rights Movement. This is achieved through a review of literature, followed by an analysis of the First Wave of Feminism, prominent Black female leaders, and the issue of erasure of Black women. Ultimately, the essay argues that Black women were the spine of the American Civil Rights Movement, despite their historical erasure.

Social Construction Of Race Undergirds Racism By Providing Undue Advantages To White People, Disadvantaging Black People And Other People Of Color, And Violating The Human Rights Of All People Of Color, Adjoa A. Aiyetoro

University of Colorado Law Review

No abstract provided.

Shades Of Justice: Racial Profiling Then And Now, F. Michael Higginbotham

University of Colorado Law Review

No abstract provided.

Protection Or Control? – The History & Impact Of The Major Crimes Act On Native Americans And Its Future In Criminal Law, Cameron A. Garrow

Honors Undergraduate Theses

In this thesis, I traced the history of the Major Crimes Act of 1885, focusing on United States Supreme Court cases regarding the Act's enforcement and its constitutionality. In particular, analysis focused on how the USSC's decisions affected Native Americans within the field of criminal law, both as defendants and victims, and how these decisions prove to be contradictory or unjustly detrimental in nature. There is also focus on the ongoing issues in the state of Oklahoma resulting from the Major Crimes Act's enforcement that have begun to spread from a state-level crisis into a nationwide problem. The thesis concludes …

Higher Education Redress Statutes: A Preliminary Analysis Of States’ Reparations In Higher Education, Christopher L. Mathis

University of Colorado Law Review

No abstract provided.

Preceding Footsteps In Revolution: The History Of The Southern Negro Youth Congress, Donnae' Hampton

All ETDs from UAB

This thesis is a comprehensive history of the Southern Negro Youth Congress including the social circumstances that led to its formation, the work and people of the organization, and its impact and influence on future civil rights organizations and Black leftist movements of the late 1960s. The Southern Black communist organization was formed in 1937 and officially disbanded in 1949. SNYC committed itself to unionizing, educating, registering people to vote, and exposing racial horrors in the South for Black southerners. In 1939, SNYC moved its headquarters to Birmingham, Alabama. The segregated city of Birmingham in 1939 was the industrial center …

Slave Law, Race Law, Gabriel J. Chin

University of Colorado Law Review

No abstract provided.

Foreword: Looking Back To Move Forward: Exploring The Legacy Of U.S. Slavery, Suzette Malveaux

University of Colorado Law Review

No abstract provided.