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Articles 1 - 13 of 13
Full-Text Articles in Law
Qualified Immunity: The Court's Brain Child & License To Kill, Laisha Harris
Qualified Immunity: The Court's Brain Child & License To Kill, Laisha Harris
The Bridge: Interdisciplinary Perspectives on Legal & Social Policy
Qualified immunity, a defense created by the imagination of the Supreme Court, prevents citizens of their right to hold law enforcement officers liable when they clearly violate a citizens constitutionally protected right. Throughout this paper, I will describe the historical context of Supreme Court decisions regarding qualified immunity, clarifying the errs in logic that perpetuate a system of racial violence, while using the doctrine of stare decisis to justify the overturning of the decisions that created the defense of qualified immunity.
Report On The Texas Legislature, 87th Session: An Urban Perspective-Executive Summary, Sarah Guidry Esq., Zahra Buck Whitfield Esq., Sidikat Ishola Student, Jamal Garner Student
Report On The Texas Legislature, 87th Session: An Urban Perspective-Executive Summary, Sarah Guidry Esq., Zahra Buck Whitfield Esq., Sidikat Ishola Student, Jamal Garner Student
The Bridge: Interdisciplinary Perspectives on Legal & Social Policy
In Texas, the legislature meets every two years. At the end of a regular legislative session, hundreds of passed bills will have been sent to the governor for approval. The large number of bills and the wide range of topics they cover can make it difficult to gain an understanding of all the new laws that were passed, and this session there were three special sessions as well. At the close of each legislative session the Earl Carl Institute publishes, for the benefit of its constituents, highlights from the session in a bi-annual legislative report. In this year’s publication entitled …
Systemic Racism And Minority Disparities In Health Care, Constance Fain
Systemic Racism And Minority Disparities In Health Care, Constance Fain
The Bridge: Interdisciplinary Perspectives on Legal & Social Policy
Historically, racial discrimination in society has had an adverse effect on the health of African Americans. This type of inequality has also affected other persons of color, and it has been reported that racism has insidious effects on many White individuals, especially on their health as well. Four critical issues will be addressed in this paper: First, the impact of discrimination on the health care of African Americans and others. From slavery to lynching to incarceration, generations of African American families have endured trauma. Psychologist and other social scientists have said that these continuing experiences with racism may lie at …
Surviving Interlocutory Appeals: Trial Lawyer Edition, Grace Jun
Surviving Interlocutory Appeals: Trial Lawyer Edition, Grace Jun
The Bridge: Interdisciplinary Perspectives on Legal & Social Policy
This presentation provides an overview of Supreme Court caselaw regarding qualified immunity and government officials’ right to interlocutory appeal from denials of qualified immunity, and provides a brief discussion of ways trial lawyers can overcome interlocutory appeals to provide their injured plaintiffs with an opportunity to be heard and vindicated at trial by a jury.
Civil Rights And Protective Orders, Michael P. Doyle, Erin Brockway
Civil Rights And Protective Orders, Michael P. Doyle, Erin Brockway
The Bridge: Interdisciplinary Perspectives on Legal & Social Policy
“Open courts” are a bedrock principal of our judicial system, and court secrecy, including concealment of pretrial proceedings, poses a serious threat to public safety. Overbroad protective orders have concealed facts uncovered during litigation regarding some of the most important public harms, keeping them secret when the public needs protection. Protective orders routinely include provisions that allow parties to designate discovery material as “confidential” without further judicial review. These orders are often abused and result in unnecessary costs to litigants, the courts, and the public’s confidence in the court system. This is always a mistake because it harms the discovery …
Introduction To Re-Imagining “We The People" Part Two: Transcripts From The Aaj Education’S Civil Rights And Police Misconduct Litigation Seminar, Sarah Guidry
The Bridge: Interdisciplinary Perspectives on Legal & Social Policy
With this issue of The Bridge, we continue the discussions raised in our Spring 2021 issue: Police Misconduct & Qualified Immunity: Reimagining "We the People”, Vol.6, Issue 1. That issue shared the transcription of the virtual national conference by the same name, and featured an esteemed group of experts who discussed the state of racial unrest in this country, historically and currently. To promote further dialogue and support those who work to establish stronger protections against the use and misuse of police violence, we herein highlight several key sessions featured at the recent American Association for Justice Civil Rights and …
Panel Iii Discussion: The U.S. Constitution: Reimagining "We The People" As An Inclusive Construct, Joan Bullock, Constance Fain, Larry Weeden, Spearit
Panel Iii Discussion: The U.S. Constitution: Reimagining "We The People" As An Inclusive Construct, Joan Bullock, Constance Fain, Larry Weeden, Spearit
The Bridge: Interdisciplinary Perspectives on Legal & Social Policy
Former Congresswoman Barbara Jordan of Texas, a graduate of Texas Southern University, on July 25, 1974, in a speech to the House Judiciary Committee said, “Earlier today, we heard the beginning of the Preamble to the Constitution of the United States, “We, the people.” It is a very eloquent beginning. But when the document was completed on the seventeenth of September 1787, I was not included in that “We, the people.” I felt somehow for many years that George Washington and Alexander Hamilton just left me out by mistake. But through the process of amendment, interpretation, and court decision I …
Panel Ii Discussion: The Anatomy Of 1983 Litigation: Best Practices In Successful Civil Rights Litigation, Gary Bledsoe, Bhavani Raveendran, Brian Dunn, Honorable Ken Hoyt, Larry Taylor
Panel Ii Discussion: The Anatomy Of 1983 Litigation: Best Practices In Successful Civil Rights Litigation, Gary Bledsoe, Bhavani Raveendran, Brian Dunn, Honorable Ken Hoyt, Larry Taylor
The Bridge: Interdisciplinary Perspectives on Legal & Social Policy
The Civil Rights Act of 1871 is a federal statute, numbered 42 U.S.C. § 1983, that allows people to sue the government for civil rights violations. It applies when someone acting “under color of” state-level or local law has deprived a person of rights created by the U.S. Constitution or federal statutes. It is often the basis for relief when someone has been the victim of excessive use of force or other police misconduct, ostensibly while under the authority generally vested by the state or municipality. The Qualified Immunity defense in 42 U.S.C. § 1983 claims often make them difficult …
Legal Punishment As Civil Ritual: Making Cultural Sense Of Harsh Punishment, Professor Spearit
Legal Punishment As Civil Ritual: Making Cultural Sense Of Harsh Punishment, Professor Spearit
The Bridge: Interdisciplinary Perspectives on Legal & Social Policy
This article is an excerpt American Prisons: A Critical Primer on Culture and Conversion to Islam. The central aim of this chapter is to examine the post-civil rights push toward harsh punishment through the cultural lens of ritual. The United States is one of the most punitive countries on the planet--the country is the world leader in imprisonment and is one of the top five that executes capital defendants. However, determining the catalysts of this turn to harsh punishment has proved vexing. Scholars have adequately explained how the end of the welfare state, followed by a proliferation of drug laws, …
Report On The Texas Legislature, 85th Session: An Urban Perspective-Criminal Justice Edition, Sarah R. Guidry, Zahra Buck Whitfield, Amber K. Walker, Marshaun Williams, Grady Paris
Report On The Texas Legislature, 85th Session: An Urban Perspective-Criminal Justice Edition, Sarah R. Guidry, Zahra Buck Whitfield, Amber K. Walker, Marshaun Williams, Grady Paris
The Bridge: Interdisciplinary Perspectives on Legal & Social Policy
In Texas, the legislature meets every 2 years and at the end of a regular legislative session, hundreds of passed bills will have been sent to the governor for approval. The large number of bills and the wide range of topics they cover can make it difficult to gain an understanding of all the new laws that were passed. At the close of each legislative session the Earl Carl Institute publishes, for the benefit of its constituents, highlights from the session in a bi-annual legislative report. In this year’s publication entitled Report on the Texas Legislature, 85th Session: An Urban …
Education Reform And The Political Safeguards Of Federalism, Elizabeth J. Sharma
Education Reform And The Political Safeguards Of Federalism, Elizabeth J. Sharma
The Bridge: Interdisciplinary Perspectives on Legal & Social Policy
The passage of the No Child Left Behind Act (NCLB) in 2001 sparked widespread controversy over the federal government’s proper role in public education. Opponents criticized the legislation as an unprecedented federal intrusion on state and local governments’ policymaking authority. Whereas previous incarnations of the Elementary and Secondary Education Act (ESEA) required local schools and districts to comply with detailed rules about how to spend categorical funds, federal moneys were never before made contingent on a rigorous testing and accountability regime. By requiring annual testing and tying federal funding to student outcomes, the new legislation signaled a shift in the …
How (And Why) Nclb Failed To Close The Achievement Gap:Evidence From North Carolina, 1998-2004, Roslyn Mickelson, Jason Giersch, Elizabeth Stearns, Stephanie Moller
How (And Why) Nclb Failed To Close The Achievement Gap:Evidence From North Carolina, 1998-2004, Roslyn Mickelson, Jason Giersch, Elizabeth Stearns, Stephanie Moller
The Bridge: Interdisciplinary Perspectives on Legal & Social Policy
Recent state and national policy changes for public education are premised upon the idea that high-stakes tests can improve student outcomes and close achievement gaps. Opponents maintain that such policies fail on both counts. Using a unique longitudinal dataset from North Carolina, we find that high-stakes tests have failed to close achievement gaps associated with social class and race, and that the persistence of these gaps is related, at least in part, to academic tracking. Such findings add to the questions being raised about such policies as No Child Left Behind.
Proposal To Reduce Recidivism Rates In Texas - 2010 Update, Marcia Johnson Professor, Katherine Bauer, Elizabeth Tagle
Proposal To Reduce Recidivism Rates In Texas - 2010 Update, Marcia Johnson Professor, Katherine Bauer, Elizabeth Tagle
The Bridge: Interdisciplinary Perspectives on Legal & Social Policy
No abstract provided.