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Articles 1 - 8 of 8
Full-Text Articles in Law
Toward Racially Equitable And Accountable Tech, Andrea Giampetro-Meyer, Janae James, Sydney Brooke
Toward Racially Equitable And Accountable Tech, Andrea Giampetro-Meyer, Janae James, Sydney Brooke
Marquette Law Review
This Article examines three distinct areas to consider how we might move
toward racially equitable and accountable tech. The three distinct areas are:
(1) fair housing, (2) surveillance, and (3) social media. Fair housing raises
questions about where today’s racially biased algorithms fit within the context
of historical, racist government housing policy. Surveillance raises questions
about how some tech tools render Black faces invisible, while others render
Black faces dangerously conspicuous. Social media highlights the clash
between civil rights and civil liberties, especially when racial justice conflicts
with freedom of speech. Our analysis leads us to consider the extent to …
Is The Legal Profession Too Independent?, Limor Zer-Gutman, Eli Wald
Is The Legal Profession Too Independent?, Limor Zer-Gutman, Eli Wald
Marquette Law Review
Faced with mounting pressure to permit national law practice and increase
access to legal services for those who cannot afford to pay for them and
critiques about growing inequality and its failure to lead the battles for greater
gender and racial justice, the legal profession’s response has been to resist
reform proposals by invoking its independence. Lawyers and lawyers alone,
asserts the profession, ought to determine the pace and details of nationalizing
law practice, set the conditions under which nonlawyers and artificial
intelligence can offer legal services, and respond to growing inequality among
lawyers and concerns about the role lawyers …
Dying Constitutionalism And The Fourteenth Amendment, Ernest A. Young
Dying Constitutionalism And The Fourteenth Amendment, Ernest A. Young
Marquette Law Review
None
The Living Constitution And Moral Progress: A Comment On Professor Young's Boden Lecture, David A. Strauss
The Living Constitution And Moral Progress: A Comment On Professor Young's Boden Lecture, David A. Strauss
Marquette Law Review
None
The Plot To Overthrow Genocide: State Laws Mandating Education About The Foulest Crime Of All
The Plot To Overthrow Genocide: State Laws Mandating Education About The Foulest Crime Of All
Marquette Law Review
This Article shines a light on a little noticed phenomenon in American law: the promulgation of ten state statutes and one state regulation, each requiring education about genocide in elementary and/or secondary schools. The mandates, adopted from 1989 through 2018, appear to be only the beginning inasmuch as in 2017 another nineteen states publicly pledged to pass such mandates as well.
The Article describes each of the existing mandates and compares them to each other, including an analysis of the laws’ respective strong and weak points. This exposition, of interest in itself, also sets the stage for proposals to improve …
Embracing Race-Conscious College Admissions Programs: How Fisher V. University Of Texas At Austin Redefines "Affirmative Action" As A Holistic Approach To Admissions That Ensures Equal, Not Preferential, Treatment, Nancy L. Zisk
Marquette Law Review
In Fisher v. University of Texas at Austin, the United States Supreme Court affirmed well-established Supreme Court doctrine that race may be considered when a college or university decides whom to admit and whom to reject, as long as the consideration of race is part of a narrowly tailored holistic consideration of an applicant's many distinguishing features. The Court's latest decision heralds a new way of thinking about holistic race-conscious admissions programs. Rather than considering them as "affirmative action" plans that prefer any one applicant to the disadvantage of another, they should be viewed as the Court has described …
Taking A Dip In The Supreme Court Clerk Pool: Gender-Based Discrepancies In Clerk Selection, John J. Szmer, Erin B. Kaheny, Robert K. Christensen
Taking A Dip In The Supreme Court Clerk Pool: Gender-Based Discrepancies In Clerk Selection, John J. Szmer, Erin B. Kaheny, Robert K. Christensen
Marquette Law Review
Former U.S. Supreme Court clerks are heavily recruited by select law firms, and many eventually find their way to policy “elite” positions in the government or in the legal academy. A number of former clerks have returned to the Court as litigators, and a subset has returned to the Court as Justices. We are interested in clerk selection for two reasons. First, clerks influence key aspects of the judicial process while serving in their clerkship capacity, and second, many seem to be in a good position to influence legal policy well after their clerkships have ended. With this in mind, …
Diversity And Supreme Court Law Clerks, Tony Mauro