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Articles 1 - 30 of 42
Full-Text Articles in Law
The Religion Of Race: The Supreme Court As Priests Of Racial Politics, Audra Savage
The Religion Of Race: The Supreme Court As Priests Of Racial Politics, Audra Savage
Utah Law Review
The tumultuous summer of 2020 opened the eyes of many Americans, leading to a general consensus on one issue—racism still exists. This Article offers a new descriptive account of America’s history that can contextualize the zeitgeist of racial politics. It argues that the Founding Fathers created a national civil religion based on racism when they compromised on the issue of slavery in the creation of the Constitution. This religion, called the Religion of Race, is built on a belief system where whiteness is sacred and Blackness is profane. The sacred text is the Constitution, and it is interpreted by the …
Immigration And Racial Justice: Enforcing The Borders Of Blackness, Karla Mckanders
Immigration And Racial Justice: Enforcing The Borders Of Blackness, Karla Mckanders
Georgia State University Law Review
Black immigrants are invisible at the intersection of their race and immigration status. Until recently, conversations on border security, unlawful immigration, and national security obscured racially motivated laws seeking to halt the blackening and browning of America. This Article engages with the impact of immigration enforcement at the intersection of anti-Black racism and interrogates how foundational immigration laws that exist outside constitutional norms have rendered Black immigrants invisible. At this intersection, Black immigrants experience a double bind where enforcement of immigration laws and the criminal legal system have a disparate impact resulting in disproportionate incarceration and deportation.
First, the Article …
Pandemic Policing, Christian Sundquist
Pandemic Policing, Christian Sundquist
Georgia State University Law Review
No abstract provided.
The Continuing And Unlawful Exclusion Of Qualified Ex-Offenders From Jury Service In Ohio, Jordan Berman
The Continuing And Unlawful Exclusion Of Qualified Ex-Offenders From Jury Service In Ohio, Jordan Berman
Akron Law Review
Whether an Ohioan with a felony conviction can be considered for jury service may well depend on where he or she lives in the state or the judge presiding at trial, rather than the dictates of Ohio law. By statute, Ohio permits those with felony convictions to serve on juries upon the completion of any parole or community control sanctions that may have been imposed. This article is not concerned with this settled law but rather the dramatic unevenness of its implementation, as Ohio courts of common pleas, and even individual judges, vary widely in whether they abide by or …
Which America?: Judge Roger L. Gregory And The Tradition Of African-American Political Thought, Daniel Fryer
Which America?: Judge Roger L. Gregory And The Tradition Of African-American Political Thought, Daniel Fryer
Washington and Lee Law Review
In this Article, written in connection with a symposium honoring Chief Judge Roger L. Gregory’s twenty years on the bench, I place Judge Gregory’s jurisprudence within the tradition of African-American political thought. I suggest that, at bottom, Judge Gregory has a leveling-up jurisprudence that seeks to interpret the Constitution in a way that ensures the least well-off in society are granted the same rights as the most privileged. This brand of democratic theorizing approximates a mainstream position by Black political theorists optimistically seeking to have the least well-off integrated into a fully equal society. By comparing and contrasting his work …
Antiracist Remedial Approaches In Judge Gregory’S Jurisprudence, Leah M. Litman
Antiracist Remedial Approaches In Judge Gregory’S Jurisprudence, Leah M. Litman
Washington and Lee Law Review
This piece uses the idea of antiracism to highlight parallels between school desegregation cases and cases concerning errors in the criminal justice system. There remain stark, pervasive disparities in both school composition and the criminal justice system. Yet even though judicial remedies are an integral part of rooting out systemic inequality and the vestiges of discrimination, courts have been reticent to use the tools at their disposal to adopt proactive remedial approaches to address these disparities. This piece uses two examples from Judge Roger Gregory’s jurisprudence to illustrate how an antiracist approach to judicial remedies might work.
The Other Ordinary Persons, Fred O. Smith, Jr.
The Other Ordinary Persons, Fred O. Smith, Jr.
Washington and Lee Law Review
If originalism aims to center the original public meaning of text, who constitutes “the public”? Are we doing enough to capture historically excluded voices: impoverished white planters; dispossessed Natives; silenced women; and the enslaved? If not, what more is required? And for those who are not originalists, how do we ensure that, as American law consults the wisdom of the ages, we do not sever entire sources of wisdom?
This brief symposium Article engages these themes, offering two modest, interrelated claims. The first is that important informational, ethical, and democratic benefits accrue when American legal doctrine includes the voices and …
Antiracism In Action, Daniel Harawa, Brandon Hasbrouck
Antiracism In Action, Daniel Harawa, Brandon Hasbrouck
Washington and Lee Law Review
Racism pervades the criminal legal system, influencing everything from who police stop and search, to who prosecutors charge, to what punishments courts apply. The Supreme Court’s fixation on colorblind application of the Constitution gives judges license to disregard the role race plays in the criminal legal system, and all too often, they do. Yet Chief Judge Roger L. Gregory challenges the facially race-neutral reasoning of criminal justice actors, often applying ostensibly colorblind scrutiny to achieve a color-conscious jurisprudence. Nor is he afraid of engaging directly in a frank discussion of the racial realities of America, rebuking those within the system …
Fulfilling Porter's Promise, Danielle Allyn
Fulfilling Porter's Promise, Danielle Allyn
William & Mary Journal of Race, Gender, and Social Justice
Despite the Porter court’s reference to a “long tradition of according leniency to veterans,” in the criminal legal system, veterans are overrepresented on death rows across America, including Georgia’s. Most of these veterans come to death row with experiences of marginalization due to other aspects of their identity, such as race or mental disability.
This Article examines the cases of six men executed in Georgia, each with a history of military service, and each with experiences of disenfranchisement based on race and/or mental disability. At trial, each confronted legal risks that disproportionately place Black people and people with mental disabilities …
Remediating Racism For Rent: A Landlord’S Obligation Under The Fha, Mollie Krent
Remediating Racism For Rent: A Landlord’S Obligation Under The Fha, Mollie Krent
Michigan Law Review
The Fair Housing Act (FHA) is an expansive and powerful piece of legislation that furthers equal housing in the United States by ferreting out discrimination in the housing market. While the power of the Act is well recognized by courts, the full contours of the FHA are still to be refined. In particular, it remains unsettled whether and when a landlord can be liable for tenant-on-tenant harassment. This Note argues, first, that the FHA does recognize liability in such a circumstance and, second, that a landlord should be subject to liability for her negligence in such a circumstance. Part I …
Pandemic Emotions: The Good, The Bad, And The Unconscious —Implications For Public Health, Financial Economics, Law, And Leadership, Peter H. Huang
Pandemic Emotions: The Good, The Bad, And The Unconscious —Implications For Public Health, Financial Economics, Law, And Leadership, Peter H. Huang
Northwestern Journal of Law & Social Policy
Pandemics lead to emotions that can be good, bad, and unconscious. This Article offers an interdisciplinary analysis of how emotions during pandemics affect people’s responses to pandemics, public health, financial economics, law, and leadership. Pandemics are heart-breaking health crises. Crises produce emotions that impact decision-making. This Article analyzes how fear and anger over COVID-19 fueled anti-Asian and anti-Asian American hatred and racism. COVID-19 caused massive tragic economic, emotional, mental, physical, and psychological suffering. These difficulties are interconnected and lead to vicious cycles. Fear distorts people’s decision readiness, deliberation, information acquisition, risk perception, and thinking. Distortions affect people’s financial, health, and …
White Tape And Indian Wards: Removing The Federal Bureaucracy To Empower Tribal Economies And Self-Government, Adam Crepelle
White Tape And Indian Wards: Removing The Federal Bureaucracy To Empower Tribal Economies And Self-Government, Adam Crepelle
University of Michigan Journal of Law Reform
American Indians have the highest poverty rate in the United States, and dire poverty ensnares many reservations. With no private sector and abysmal infrastructure, reservations are frequently likened to third-world countries. Present-day Indian poverty is a direct consequence of present-day federal Indian law and policy. Two-hundred-year-old laws premised on Indian incompetency remain a part of the U.S. legal system; accordingly, Indian country is bound by heaps of federal regulations that apply nowhere else in the United States. The federal regulatory structure impedes tribal economic development and prevents tribes from controlling their own resources.
This Article asserts the federal regulatory “white …
“We” The Jury: The Problem Of Peremptory Strikes As Illustrated By Flowers V. Mississippi, Kayley A. Viteo
“We” The Jury: The Problem Of Peremptory Strikes As Illustrated By Flowers V. Mississippi, Kayley A. Viteo
St. Mary's Law Journal
Abstract forthcoming.
A Different Type Of Property: White Women And The Human Property They Kept, Michele Goodwin
A Different Type Of Property: White Women And The Human Property They Kept, Michele Goodwin
Michigan Law Review
A Review of Incidents in the Life of a Slave Girl. by Harriet A. Jacobs, and They Were Her Property: White Women as Slave Owners in the American South. by Stephanie E. Jones-Rogers.
Relentless Pursuits: Reflections Of An Immigration And Human Rights Clinician On The Past Four Years, Sarah H. Paoletti
Relentless Pursuits: Reflections Of An Immigration And Human Rights Clinician On The Past Four Years, Sarah H. Paoletti
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Dear Courts: I, Too, Am A Reasonable Man, Marvel L. Faulkner
Dear Courts: I, Too, Am A Reasonable Man, Marvel L. Faulkner
Pepperdine Law Review
There has been an ongoing debate regarding police-on-Black violence since the dawn of the United States police force. At every stage, the criminal justice system has had a monumental impact on the plight of the Black American community. The historical roots of racism within the criminal justice system have had adverse effects on the Black American psyche. Emerging research suggests that the upsurge in reporting police-on-Black violence—including videos shot from pedestrian camera phones and uploaded to multimedia platforms and historical accounts of the agonizing treatment Black Americans have experienced beginning with Slave Patrols—has affected individualized behavior during interactions with police …
The Soul Savers: A 21st Century Homage To Derrick Bell’S Space Traders Or Should Black People Leave America?, Katheryn Russell-Brown
The Soul Savers: A 21st Century Homage To Derrick Bell’S Space Traders Or Should Black People Leave America?, Katheryn Russell-Brown
Michigan Journal of Race and Law
Note: Narrative storytelling is a staple of legal jurisprudence. The Case of the Speluncean Explorers by Lon Fuller and The Space Traders by Derrick Bell are two of the most well-known and celebrated legal stories. The Soul Savers parable that follows pays tribute to Professor Bell’s prescient, apocalyptic racial tale. Professor Bell, a founding member of Critical Race Theory, wrote The Space Traders to instigate discussions about America’s deeply rooted entanglements with race and racism. The Soul Savers is offered as an attempt to follow in Professor Bell’s narrative footsteps by raising and pondering new and old frameworks about the …
“We Are Asking Why You Treat Us This Way. Is It Because We Are Negroes?” A Reparations-Based Approach To Remedying The Trump Administration’S Cancellation Of Tps Protections For Haitians, Sarah E. Baranik De Alarcón, David H. Secor, Norma Fuentes-Mayorga
“We Are Asking Why You Treat Us This Way. Is It Because We Are Negroes?” A Reparations-Based Approach To Remedying The Trump Administration’S Cancellation Of Tps Protections For Haitians, Sarah E. Baranik De Alarcón, David H. Secor, Norma Fuentes-Mayorga
Michigan Journal of Race and Law
This Article places the Trump Administration’s decision to cancel TPS for Haitians within the longer history of U.S. racism and exclusion against Haiti and Haitians, observes the legal challenges against this decision and their limitations, and imagines a future that repairs the harms caused by past and current racist policies. First, this Article briefly outlines the history of exclusionary, race-based immigration laws in the United States, and specifically how this legal framework, coupled with existing anti-Black ideologies in the United States, directly impacted Haitians and Haitian immigrants arriving in the United States. Next, the Article provides an overview of the …
Ethics In An Echo Chamber: Legal Ethics & The Peremptory Challenge, Kayley A. Viteo
Ethics In An Echo Chamber: Legal Ethics & The Peremptory Challenge, Kayley A. Viteo
St. Mary's Journal on Legal Malpractice & Ethics
Abstract forthcoming.
On Period Poverty, Victoria J. Haneman
On Period Poverty, Victoria J. Haneman
Journal of Race, Gender, and Ethnicity
No abstract provided.
Hair Goes Nothing: Proposing The Uniform Enactment Of The Crown Act Across The United States, Alexandra Halbert
Hair Goes Nothing: Proposing The Uniform Enactment Of The Crown Act Across The United States, Alexandra Halbert
Journal of Race, Gender, and Ethnicity
No abstract provided.
Sexual Exploitation Of Black Women From The Years 1619-2020, Dominique R. Wilson
Sexual Exploitation Of Black Women From The Years 1619-2020, Dominique R. Wilson
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Capitol Riot, Racism And The Future Of American Democracy, Ryan T. Williams
The Capitol Riot, Racism And The Future Of American Democracy, Ryan T. Williams
American University National Security Law Brief
No abstract provided.
Going Beyond Rule 8.4(G): A Shift To Active And Conscious Efforts To Dismantle Bias, Meredith R. Miller
Going Beyond Rule 8.4(G): A Shift To Active And Conscious Efforts To Dismantle Bias, Meredith R. Miller
Journal of Race, Gender, and Ethnicity
No abstract provided.
Lawyers As Social Engineers: How Lawyers Should Use Their Social Capital To Achieve Economic Justice, Dana Thompson
Lawyers As Social Engineers: How Lawyers Should Use Their Social Capital To Achieve Economic Justice, Dana Thompson
Michigan Journal of Race and Law
The Michigan Business & Entrepreneurial Law Review (MBELR) has always strived to provide a platform for legal scholars, professionals, and students to publish business-related legal scholarship. Yet, little legal business scholarship focusing on the Black business community exists, despite the extraordinary impact that Black communities have in the U.S. business landscape. In a year of revolutionary social change, we are excited to feature in this special issue the work of Professor Dana Thompson, a Michigan Law alumna, in an effort to remedy this gap. Professor Thompson’s career, professional values, and day-to-day work demonstrate genuine, commanding, and inspiring commitment to social …
Looking Toward Restorative Justice For Redlined Communities Displaced By Eco-Gentrification, Helen H. Kang
Looking Toward Restorative Justice For Redlined Communities Displaced By Eco-Gentrification, Helen H. Kang
Michigan Journal of Race and Law
MJEAL chose to publish Helen Kang’s piece, Looking Toward Restorative Justice for Redlined Communities Displaced by Eco-Gentrification, because it offers a unique analytic approach for analyzing the roots of environmental racism and the appropriate tools to help rectify it. She offers an argument for why restorative justice needs to be the framework and explains how we can accomplish this in the context of a whole government solution. MJEAL is excited to offer what will be an influential approach for environmental restorative justice to the broader activist and academic community.
Excerpt Of Law And Anti-Blackness, Michele Goodwin
Excerpt Of Law And Anti-Blackness, Michele Goodwin
Michigan Journal of Race and Law
Professor Michele Goodwin’s essay here (and the article from which it came, to be published in full in our Winter issue) explicitly identifies the development of American law as a project of cementing racial caste. This piece is a call for conversation and asks us all to consider: “How has the failure to acknowledge and address the carnage and prurience of America’s racial origin story impacted life today?” For 26 volumes, we have attempted to answer that question. In publishing this story in this issue, we are excited to be joined by our peers in that effort.
No Voice, No Exit, But Loyalty? Puerto Rico And Constitutional Obligation, Guy-Uriel Charles, Luis Fuentes-Rohwer
No Voice, No Exit, But Loyalty? Puerto Rico And Constitutional Obligation, Guy-Uriel Charles, Luis Fuentes-Rohwer
Michigan Journal of Race and Law
The Michigan Law Review is honored to have supported Professors Charles and Fuentes-Rohwer's Essay on the subjugated status of Puerto Rico as an "unincorporated territory." This Essay contextualizes Puerto Rico not as an anomalous colonial vestige but as fundamentally a part of the United States' ongoing commitment to racial economic domination. We are thrilled to highlight this work, which indicts our constitutional complacence with the second-class status of Puerto Rican citizens and demands a national commitment to self-determination for Puerto Rico.
A Fare Share: A Proposed Solution To Address The Racial Disparity In Access To Public Transportation Funding In America, Michael Swistara
A Fare Share: A Proposed Solution To Address The Racial Disparity In Access To Public Transportation Funding In America, Michael Swistara
Michigan Journal of Race and Law
Black American households are up to six times less likely to own a car than white families and are four times more likely to rely on public transportation to meet their daily needs. Despite this, communities of color have seen consistent disinvestment in their transit infrastructure. Four hundred years of continued housing segregation combined with post-recession austerity policies and ongoing pro-automobile bias has exacerbated this disparity. This Note proposes a straightforward legislative tool to begin to combat this inequity. The proposed legislation would require that urbanized areas spend their public transit dollars according to the population density of the communities …
Uncle Sam’S Dilemma: Whether Prioritizing Confederate Memorials Over National Sentiment Is A Monumental Mistake, Hayley A. Valla
Uncle Sam’S Dilemma: Whether Prioritizing Confederate Memorials Over National Sentiment Is A Monumental Mistake, Hayley A. Valla
Touro Law Review
No abstract provided.