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Articles 1 - 30 of 30
Full-Text Articles in Law
The Father Of Modern Constitutional Liberalism, John Lawrence Hill
The Father Of Modern Constitutional Liberalism, John Lawrence Hill
William & Mary Bill of Rights Journal
No abstract provided.
The Torch (December 2018), Crtp
The Torch (December 2018), Crtp
Torch: The Civil Rights Team Project Newsletter
Description
Civic and Community Engagement | Civil Rights and Discrimination | Education | Gender and Sexuality | Inequality and Stratification | Politics and Social Change | Public Policy | Race and Ethnicity
Recommended Citation
Baldwin, Brandon and Civil Rights Team Project, "Torch (August 2013)" (2013). Torch: The Civil Rights Team Project Newsletter. 58. http://digitalcommons.usm.maine.edu/torch/58
The New Jim Crow’S Equal Protection Potential, Katherine Macfarlane
The New Jim Crow’S Equal Protection Potential, Katherine Macfarlane
William & Mary Bill of Rights Journal
In 1954, the Supreme Court’s Brown v. Board of Education opinion relied on social science research to overturn Plessy v. Ferguson’s separate but equal doctrine. Since Brown, social science research has been considered by the Court in cases involving equal protection challenges to grand jury selection, death penalty sentences, and affirmative action. In 2016, Justice Sotomayor cited an influential piece of social science research, Michelle Alexander’s The New Jim Crow: Mass Incarceration in the Age of Colorblindness, in her powerful Utah v. Strieff dissent. Sotomayor contended that the Court’s holding overlooked the unequal racial impact of suspicionless …
Eroding Immigration Exceptionalism: Administrative Law In The Supreme Court's Immigration Jurisprudence, Kate Aschenbrenner
Eroding Immigration Exceptionalism: Administrative Law In The Supreme Court's Immigration Jurisprudence, Kate Aschenbrenner
Faculty Scholarship
No abstract provided.
The Torch (October 2018), Crtp
The Torch (October 2018), Crtp
Torch: The Civil Rights Team Project Newsletter
Civic and Community Engagement | Civil Rights and Discrimination | Education | Gender and Sexuality | Inequality and Stratification | Politics and Social Change | Public Policy | Race and Ethnicity
Recommended Citation
Baldwin, Brandon and Civil Rights Team Project, "Torch (August 2013)" (2013). Torch: The Civil Rights Team Project Newsletter. 58. http://digitalcommons.usm.maine.edu/torch/58
Kevin Vallier And Michael Weber: Religious Exemptions, Edward A. Zelinsky
Kevin Vallier And Michael Weber: Religious Exemptions, Edward A. Zelinsky
Faculty Articles
No abstract provided.
Section 7: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School
Section 7: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
הורות משפטית מן הדין ומן הצדק - Legal Parenthood - Law And Justice, Yehezkel Margalit
הורות משפטית מן הדין ומן הצדק - Legal Parenthood - Law And Justice, Yehezkel Margalit
Hezi Margalit
Ida B. Wells: Fearless Journalist From Memphis Who Changed The World, David L. Hudson Jr.
Ida B. Wells: Fearless Journalist From Memphis Who Changed The World, David L. Hudson Jr.
Law Faculty Scholarship
"Today's climate features hostility toward freedom of the press and negative attitudes toward journalists ... [T]here was a time when journalists were admired for their fearless pursuit of the truth and their exposure of corruption." This article provides an overview of the life and work of Ida B. Wells, particularly her work as a journalist and activist.
The Torch (June 2018), Crtp
The Torch (June 2018), Crtp
Torch: The Civil Rights Team Project Newsletter
Civic and Community Engagement | Civil Rights and Discrimination | Education | Gender and Sexuality | Inequality and Stratification | Politics and Social Change | Public Policy | Race and Ethnicity
Recommended Citation
Baldwin, Brandon and Civil Rights Team Project, "Torch (August 2013)" (2013). Torch: The Civil Rights Team Project Newsletter. 58. http://digitalcommons.usm.maine.edu/torch/58
Speech: An Authentic Theology, Desmond Tutu
Speech: An Authentic Theology, Desmond Tutu
Archbishop Desmond Tutu Collection Textual
Archbishop Tutu's writings on black theology. Typed with a few handwritten notes.
Personal Notes On A Sheraton Hotels And Resorts Notepad, Desmond Tutu
Personal Notes On A Sheraton Hotels And Resorts Notepad, Desmond Tutu
Archbishop Desmond Tutu Collection Textual
Archbishop Tutu's handwritten notes.
Speech: Madiba The Man, Desmond Tutu
Speech: Madiba The Man, Desmond Tutu
Archbishop Desmond Tutu Collection Textual
Archbishop Tutu’s speech about Nelson Mandela.
The Exceptional Negro: Racism, White Privilege And The Lie Of Respectability Politics, Traci Ellis
The Exceptional Negro: Racism, White Privilege And The Lie Of Respectability Politics, Traci Ellis
Publications & Research
Overwhelmingly, black folks have close encounters on a regular basis with being marginalized, insulted, dismissed and discriminated against. It is the natural consequence of still being considered little more than a Negro in this country. Especially for the “Exceptional Negroes.” But, as we will see, the truth is that even with our exceptionalism, we are still just “Negroes” to white America and in case we forget that, they will swiftly remind us.
Suing For Spanish: Puerto Ricans, Bilingual Voting, And Legal Activism In The 1970s, Ariel Arnau
Suing For Spanish: Puerto Ricans, Bilingual Voting, And Legal Activism In The 1970s, Ariel Arnau
Dissertations, Theses, and Capstone Projects
This dissertation examines how the legal activism of a Puerto Rican group of activist-lawyers and community members contributed to the reshaping of voting law and language policy during the 1970s. The Puerto Rican Legal Defense and Education Fund (PRLDEF) coordinated a series of lawsuits in Chicago, New York City, and Philadelphia during the early 1970s. The decisions in these lawsuits provided the legal framework to rewrite federal voting rights law during the Voting Rights Act (VRA) reauthorization hearings in 1975. These cases resulted in vastly expanded opportunity to vote for all language minorities in the United States. These civil rights …
The Torch (April 2018), Crtp
The Torch (April 2018), Crtp
Torch: The Civil Rights Team Project Newsletter
Civic and Community Engagement | Civil Rights and Discrimination | Education | Gender and Sexuality | Inequality and Stratification | Politics and Social Change | Public Policy | Race and Ethnicity
Fucking With Dignity: Public Sex, Queer Intimate Kinship, And How The Aids Epidemic Bathhouse Closures Constituted A Dignity Taking, Stephen M. Engel, Timothy S. Lyle
Fucking With Dignity: Public Sex, Queer Intimate Kinship, And How The Aids Epidemic Bathhouse Closures Constituted A Dignity Taking, Stephen M. Engel, Timothy S. Lyle
Chicago-Kent Law Review
In the name of public health, authorities in San Francisco and New York City pursued the closure of gay bathhouses in 1984 and 1985, respectively. We challenge the dominant historical narrative that justified these closings, and through that challenge, we argue that these closures constituted a dignity taking against gay and queer-identified men. Bathhouses were not simply dens of impersonal anonymous sex. They were critical sites of community development and queer kinship. Many governing authorities neither considered the value of these institutions nor grappled with queer understandings of space, contact, intimacy, and belonging. The debates and the closures that followed …
Dignity And Discrimination: Employment Civil Rights In The Workplace And In Courts, Laura Beth Nielsen, Ellen C. Berrey, Robert L. Nelson
Dignity And Discrimination: Employment Civil Rights In The Workplace And In Courts, Laura Beth Nielsen, Ellen C. Berrey, Robert L. Nelson
Chicago-Kent Law Review
Employment civil rights and the litigation associated with enforcing them are a complex interplay of public and private employers, regulatory agencies, and federal courts. When an employee loses a job or their position in an employing organization, the financial effects are very real. If the employee makes a claim of discriminatory treatment using the employer’s human resources complaint processes or with the EEOC or state equivalent, they often face workplace retaliation and even termination. Using interviews conducted with parties to employment civil rights lawsuits, this article argues that the regime of employment civil rights in the United States can be …
Dignity Contradictions: Reconstruction As Restoration, Taja-Nia Y. Henderson
Dignity Contradictions: Reconstruction As Restoration, Taja-Nia Y. Henderson
Chicago-Kent Law Review
No abstract provided.
On Margaret Montoya & Jerome Culp: An Appreciation, Angela P. Harris
On Margaret Montoya & Jerome Culp: An Appreciation, Angela P. Harris
Seattle Journal for Social Justice
No abstract provided.
“Who Is A Latcrit?”: Jerome Culp And Angela Harris Provide Answers And Ways Of Being, Margaret Montoya
“Who Is A Latcrit?”: Jerome Culp And Angela Harris Provide Answers And Ways Of Being, Margaret Montoya
Seattle Journal for Social Justice
No abstract provided.
Korematsu Overruled? Far From It: The Supreme Court Reloads The Loaded Weapon, Lorraine Bannai
Korematsu Overruled? Far From It: The Supreme Court Reloads The Loaded Weapon, Lorraine Bannai
Seattle Journal for Social Justice
No abstract provided.
The Torch (February 2018), Crtp
The Torch (February 2018), Crtp
Torch: The Civil Rights Team Project Newsletter
Civic and Community Engagement | Civil Rights and Discrimination | Education | Gender and Sexuality | Inequality and Stratification | Politics and Social Change | Public Policy | Race and Ethnicity
Recommended Citation
Baldwin, Brandon and Civil Rights Team Project, "Torch (August 2013)" (2013). Torch: The Civil Rights Team Project Newsletter. 58. http://digitalcommons.usm.maine.edu/torch/58
Police Executive Opinions Of Legal Regulation, Stephen Rushin, Roger Michalski
Police Executive Opinions Of Legal Regulation, Stephen Rushin, Roger Michalski
Faculty Publications & Other Works
By conducting a national survey, this Article empirically assesses how American police leaders perceive external legal regulation.
At various times, policymakers have decried external police regulations as too expensive, too complicated, or too difficult to apply to different factual scenarios. Critics have also alleged that police regulations change too frequently, inadequately consider input from the law enforcement community, and unduly risk the safety of officers or the broader community.
These complaints underscore an uncomfortable but unavoidable reality: efforts to regulate police behavior often require policymakers to make compromises. A rule that promotes one goal may necessarily compromise another important goal. …
Categorizing Student Speech, Alexander Tsesis
Categorizing Student Speech, Alexander Tsesis
Faculty Publications & Other Works
No abstract provided.
The Ecology Of Transparency Reloaded, Seth F. Kreimer
The Ecology Of Transparency Reloaded, Seth F. Kreimer
All Faculty Scholarship
As Justice Stewart famously observed, "[t]he Constitution itself is neither a Freedom of Information Act nor an Official Secrets Act." What the Constitution's text omits, the last two generations have embedded in "small c" constitutional law and practice in the form of the Freedom of Information Act and a series of overlapping governance reforms including Inspectors General, disclosure of political contributions, the State Department’s “Dissent Channel,” the National Archives Information Security Oversight Office, and the publication rights guaranteed by New York Times v. United States. These institutions constitute an ecology of transparency.
The late Justice Scalia argued that the …
The Right To Public Education And The School To Prison Pipeline, Areto A. Imoukuede
The Right To Public Education And The School To Prison Pipeline, Areto A. Imoukuede
Journal Publications
The school-to-prison. pipeline is a controversial concept and a disappointing reality. It refers to the draconian disciplinary "trend of schools directly referring students to law enforcement or creating conditions under which students are more likely to become involved in the justice system-such as suspending or expelling them." Public schools are intended to primarily be institutions for public education. It is clear that serving as a pipeline to prison is not the central purpose of the public school. The purpose of public education is to provide students an opportunity to develop their capabilities and grow as individuals. Public education is intended …
A Tribute To Douglas Scherer, Howard A. Glickstein
A Tribute To Douglas Scherer, Howard A. Glickstein
Scholarly Works
No abstract provided.
The Economic Justice Imperative For Lawyers In Trump Country, Priya Baskaran
The Economic Justice Imperative For Lawyers In Trump Country, Priya Baskaran
Articles in Law Reviews & Other Academic Journals
This article serves as a call to action for rural law schools to meaningfully incorporate economic justice into transactional legal education, and in doing so, train much needed rural advocates, legal experts, and local leaders. Rural areas are continuously portrayed as “Trump Country” in today’s mainstream media coverage, which largely focuses on socio-cultural differences between urban and rural areas. Many rural scholars and activists are troubled by the “Trump Country” label as it masks the structural poverty issues that lead to housing insecurity, water insecurity, poor public health indicators, unemployment, underemployment, troubled public education systems, and environmental degradation impacting both …
A Prudential Take On A Prudential Takings Doctrine, Katherine Mims Crocker
A Prudential Take On A Prudential Takings Doctrine, Katherine Mims Crocker
Faculty Scholarship
The Supreme Court is set to decide a case requesting reconsideration of a doctrine that has long bedeviled constitutional litigants and commentators. The case is Knick v. Township of Scott, and the doctrine is the “ripeness” rule from Williamson County Regional Planning Commission v. Hamilton Bank that plaintiffs seeking to raise takings claims under the Fifth Amendment must pursue state-created remedies first — the so-called “compensation prong” (as distinguished from a separate “takings prong”). This Essay argues that to put the compensation prong in the best light possible, the Court should view the requirement as a “prudential” rule rather than …