Law Commons^™

Michael Vick, Robert Byrd, And The Case For Redemption, Vinay Harpalani

Faculty Scholarship

At the 2020 Pro Bowl, former NFL quarterback Michael Vick will be honored as one of the legends captains. Vick’s selection has sparked controversy, because in 2007, he was convicted of operating a dog fighting ring. Vick has served his prison sentence, and beyond that, he has sought redemption. We should extend forgiveness and let the NFL honor Michael Vick.

The Harvard Crimson Interviews Vinay Harpalani (Justice Department Continues Investigation Into Harvard Admissions), Vinay Harpalani, Camille G. Caldera

Faculty Scholarship

A Department of Justice investigation into alleged discrimination in Harvard’s race-conscious admissions policies remains ongoing. Harpalani believes the existence of this investigation supports Students for Fair Admissions (SFFA), which knows that the Trump Administration is sternly behind eliminating race-conscious admissions policies. He believes the real purpose of the investigation is to pressure other universities with race-conscious admissions policies to reduce or eliminate the use of race as an admissions factor.

Still Writing At The Master’S Table: Decolonizing Rhetoric In Legal Writing For A “Woke” Legal Academy, 21 The Scholar 255 (2019), Teri A. Mcmurtry-Chubb

UIC Law Open Access Faculty Scholarship

No abstract provided.

In Search Of The Common Law Inside The Black Female Body, 114 Nw. U.L. Rev. Online 187 (2019), Teri A. Mcmurtry-Chubb

UIC Law Open Access Faculty Scholarship

No abstract provided.

Addiction-Informed Immigration Reform, Rebecca Sharpless

Articles

Immigration law fails to align with the contemporary understanding of substance addiction as a medical condition. The Immigration and Nationality Act regards noncitizens who suffer from drug or alcohol substance use disorder as immoral and undesirable. Addiction is a ground of exclusion and deportation and can prevent the finding of "good moral character" needed for certain immigration applications. Substance use disorder can lead to criminal behavior that lands noncitizens, including lawful permanent residents, in removal proceedings with no defense. The time has come for immigration law to catch up to today's understanding of addiction. The damage done by failing to …

The Daily Work Of Fitting In As A Marginalized Lawyer, Kim Brooks

Articles, Book Chapters, & Popular Press

Despite increased public dialogue about the need for inclusion, marginalized lawyers adjust their behaviour to “fit” in their legal workplaces. In this article, the author presents the results of interviews with lawyers in Canada who self-identify as belonging to a marginalized group based on race, ethnicity, Indigeneity, gender or sexual identity, working-class background, and/or disability. Based on these interviews, the author advances a taxonomy of the five strategies employed by these lawyers to fit in to their workplaces: covering strategies, compensating strategies, mythologizing strategies, passing strategies, and exiting strategies. Marginalized lawyers employ covering strategies, which may be appearance-, affiliation-, advocacy-, …

Pay Now, Play Later?: Youth And Adolescent Collision Sports, Vivian E. Hamilton

Faculty Publications

The routine and repeated head impacts experienced by athletes in a range of sports can inflict microscopic brain injuries that accumulate over time, even in the absence of concussion. Indeed, cumulative exposure to head impacts—not number of concussions—is the strongest predictor of sports-related degenerative brain disease in later life. The observable symptoms of disease appear years or decades after initial injury and resemble those of other mental-health conditions such as depression and dementia. The years-long interval between earlier, seemingly minor, head impacts and later brain disease has long obscured the connection between the two.

Risk of injury differs across demographics, …

Law School News: Tough Talk On Asylum 11/22/2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Law Symposium: Adjudicating Sexual Misconduct On Campus: Title Ix And Due Process In Uncertain Times, Roger Williams University School Of Law, Michael M. Bowden

School of Law Conferences, Lectures & Events

No abstract provided.

Lawyers Weekly Newsmaker Reception : November 20, 2019, Roger Williams University School Of Law, Michael M. Bowden

School of Law Conferences, Lectures & Events

No abstract provided.

Law School News: Meet Rwu Laws New Director Of Diversity, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

So You Want To Talk About Race By Ijeoma Oluo, Nicole P. Dyszlewski

Law Faculty Scholarship

No abstract provided.

Talking About Black Lives Matter And #Metoo, Bridget J. Crawford, Linda S. Greene, Lolita Buckner Inniss, Mehrsa Baradaran, Noa Ben-Asher, I. Bennett Capers, Osamudia R. James, Keisha Lindsay

Elisabeth Haub School of Law Faculty Publications

This essay explores the apparent differences and similarities between the Black Lives Matter and the #MeToo movements. In April 2019, the Wisconsin Journal of Gender, Law and Society hosted a symposium entitled “Race-Ing Justice, En-Gendering Power: Black Lives Matter and the Role of Intersectional Legal Analysis in the Twenty-First Century.” That program facilitated examination of the historical antecedents, cultural contexts, methods, and goals of these linked equality movements. Conversations continued among the symposium participants long after the end of the official program. In this essay, the symposium’s speakers memorialize their robust conversations and also dive more deeply into the phenomena, …

The Diversity Imperative Revisited: Racial And Gender Inclusion In Clinical Law Faculty, G. S. Hans, D. N. Archer, Et Al.

Vanderbilt Law School Faculty Publications

The demographics of clinical law faculties matter. As Professor Jon Dubin persuasively argued nearly twenty years ago in his article Faculty Diversity as a Clinical Legal Education Imperative, clinical faculty of color entering the legal academy in the 1980s and 1990s expanded the communities served by law school clinics and the lawyering methods used to serve clients in significant ways that enriched legal education and the profession. They also broadened clinical scholarship to include deconstructions and reconstructions of clinical teaching, offered crucial role modeling and mentorship to students of color, and helped to elevate cross-cultural communication and multiracial collaboration as …

The Second International Conference On Climate, Nature, And Society: Selected Conference Excerpts, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.

Teaching Social Justice Through “Hip Hop And The Law”, André Douglas Pond Cummings

Faculty Scholarship

This article queries whether it is possible to teach law students about social justice through a course on hip hop and its connection to and critique of the law. We argue, in these dedicated pages of the North Carolina Central Law Review, that yes, hip hop and the law offer an excellent opportunity to teach law students about social justice. But, why publish an article advocating that national law schools offer a legal education course on Hip Hop and the Law, or more specifically, Hip Hop & the American Constitution? Of what benefit might a course be that explores hip …

Dehumanization, Immigrants, And Equal Protection, Reginald Oh

Law Faculty Articles and Essays

This article is divided into three parts. Part I explores the concept of dehumanization and its central role in the subordination of marginalized groups. Part II discusses the equal protection doctrine of suspect classes by analyzing key decisions by the Court and its reasoning for whether or not to consider a particular group as a suspect class. Part II also argues that the decision in Brown v. Board of Education regards racial segregation in public schools as a form of racial dehumanization and provides the doctrinal basis to consider dehumanization a central factor in determining suspect class status. Part III …

New Textualism And The Thirteenth Amendment, Leah Litman

Articles

Michele Goodwin’s piece raises important questions about whether troubling modern-day labor practices in jails and prisons are consistent with the Thirteenth Amendment. In Goodwin’s telling, the ratification of the Thirteenth Amendment formally ended the institution of slavery, but the Amendment allowed practices resembling slavery to continue, perhaps reflecting the extant stereotypes and racism that formally amending the Constitution cannot root out. Indeed, Goodwin excavates historical materials that suggest the people who drafted and ratified the Amendment understood and expected that it would allow the perpetuation of slavery in another form. As Goodwin explains, most historians have argued that the Thirteenth …

Documenting Legal Protection Of Indigenous Forests In Realizing Indigenous Legal Community Rights In Jambi Province, Helmi Helmi, Hafrida Hafrida, Fitria Fitria, Johni Najwan

Library Philosophy and Practice (e-journal)

Inauguration for the establishment of customary forests is a form of legal protection for the right management of indigenous people in Indonesia included in Jambi Province. The Forestry Law and government regulations as derivative products do not mention the legal form of establishing customary forests in Indonesia. While the Minister of Environment and Forestry's Regulation on Social Forestry, Forest Rights, Recognition and Protection of Local Wisdom in the Management of Natural Resources and the Environment confirms the legal form are called as the minister's decree. When it is associated with the nature of regional autonomy in accordance with the 1945 …

Dorothy R. Crockett Classroom Dedication September 10, 2019, Roger Williams University School Of Law, Lorraine Lalli, Bre'anna Metts-Nixon, Michael M. Bowden

School of Law Conferences, Lectures & Events

No abstract provided.

Law School News: Rwu Law Will Dedicate Classroom To Ri's First African-American Woman Lawyer 9-4-2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

The Changing Student Body At The University Of Michigan Law School, David L. Chambers

Bibliography of Research Using UMLS Alumni Survey Data

Most of the content of the memo that follows has been previously published in the article "Who We Were and Who We Are: How Michigan Law Students Have Changed Since the 1950s: Findings from 40 Years of Alumni Surveys." T. K. Adams, co-author. Law Quad. Notes 51, no. 1 (2009): 74-80, available through this website. This memo provides more detail about changing entry credentials and about the great expansion beginning in the 1970s in the numbers of women students and of racial/ethnic minority students. It also provides information not in the article about the patterns over time in students’ …

Diversity As A Trade Secret, Jamillah Bowman Williams

Georgetown Law Faculty Publications and Other Works

When we think of trade secrets, we often think of famous examples such as the Coca-Cola formula, Google’s algorithm, or McDonald’s special sauce used on the Big Mac. However, companies have increasingly made the novel argument that diversity data and strategies are protected trade secrets. This may sound like an unusual, even suspicious, legal argument. Many of the industries that dominate the economy in wealth, status, and power continue to struggle with a lack of diversity. Various stakeholders have mobilized to improve access and equity, but there is an information asymmetry that makes this pursuit daunting. When potential plaintiffs and …

Ice Raids Bear A Disturbing Resemblance To The “Pass Raids” Of Apartheid, Penelope Andrews

Other Publications

No abstract provided.

The Past As Present, Unlearned Lessons And The (Non-) Utility Of International Law, Susan M. Akram

Faculty Scholarship

The contemporary moment provides an acute illustration of the dangers of historical amnesia—as if the Trump Administration’s policies of exclusion, extremist nationalism, and presidential imperialism were singular to ‘now,’ and entirely reversible in the next election. This Article argues to the contrary; that we have been down this road before, and the current crisis in immigration and refugee policies is the inevitable development of trends of racism, including anti-Arab, anti-Muslim racism and xenophobia, that have only become normalized by the populist resurgence of Trumpism. If this premise is correct—that we are experiencing a culmination of a historical trajectory—what lessons from …

Bias In, Bias Out, Sandra G. Mason

AI-DR Collection

Police, prosecutors, judges, and other criminal justice actors increasingly use algorithmic risk assessment to estimate the likelihood that a person will commit future crime. As many scholars have noted, these algorithms tend to have disparate racial impact. In response, critics advocate three strategies of resistance: (1) the exclusion of input factors that correlate closely with race, (2) adjustments to algorithmic design to equalize predictions across racial lines, and (3) rejection of algorithmic methods altogether.

This Article’s central claim is that these strategies are at best superficial and at worst counterproductive, because the source of racial inequality in risk assessment lies …

Historic Partition Law Reform: A Game Changer For Heirs’ Property Owners, Thomas W. Mitchell

Faculty Scholarship

Over the course of several decades, many disadvantaged families who owned property under the tenancy-in-common form of ownership—property these families often referred to as heirs’ property—have had their property forcibly sold as a result of court-ordered partition sales. For several decades, repeated efforts to reform State partition laws produced little to no reform despite clear evidence that these laws unjustly harmed many families. This paper addresses the remarkable success of a model State statute named the Uniform Partition of Heirs Property Act (UPHPA), which has been enacted into law in several States since 2011, including in five southern States. The …

Abolitionist Feminism As Prisons Close: Fighting The Racist And Misogynist Surveillance “Child Welfare” System, Venezia Michalsen

Department of Justice Studies Faculty Scholarship and Creative Works

The global prison industrial complex was built on Black and brown women’s bodies. This economy will not voluntarily loosen its hold on the bodies that feed it. White carceral feminists traditionally encourage State punishment, while anti-carceral, intersectional feminism recognizes that it empowers an ineffective and racist system. In fact, it is built on the criminalization of women’s survival strategies, creating a “victimization to prison pipeline.” But prisons are not the root of the problem; rather, they are a manifestation of the over-policing of Black women’s bodies, poverty, and motherhood. Such State surveillance will continue unless we disrupt these powerful systems …

Law School News: A Fond Farewell To Deborah Johnson 6-7-2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Concerns About Ice Detainee Treatment And Care At Four Detention Facilities, John V. Kelly

Department of Homeland Security

In response to concerns raised by immigrant rights groups and complaints to the Office of Inspector General (OIG) Hotline about conditions for detainees held in U.S. Immigration and Customs Enforcement (ICE) custody, we conducted unannounced inspections of four detention facilities to evaluate their compliance with ICE detention standards.

Overall, our inspections of four detention facilities revealed violations of ICE’s 2011 Performance-Based National Detention Standards, which set requirements for facilities housing detainees. This report summarizes findings on our latest round of unannounced inspections at four detention facilities housing ICE detainees. Although the conditions varied among the facilities and not every problem …