Civil Rights and Discrimination Commons^™

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.

American Legion V. American Humanist Association, Seth T. Bonilla

Public Land & Resources Law Review

The separation of church and state is a key element of American democracy, but its interpretation has been challenged as the country grows more diverse. In American Legion v. American Humanist Association, the Supreme Court adopted a new standard to analyze whether a religious symbol on public land maintained by public funding violated the Constitution’s Establishment Clause.

Ethics And Methods Of Human Rights Work: Exploring Both Theoretical And Practical Approaches, Shayna Plaut, Maritza Felices Luna, Christina Clark Kazak, Neil Bilotta, Lara Rosenoff Gauvin

Biennial Conference: The Social Practice of Human Rights

This workshop will explore both theoretical and practical approaches to methodologies and ethics as it relates to human rights work.

The goal of the workshop is to create a dynamic space that encourages participants to share and learn from our own experiences navigating the messiness of human rights ethics and methods. We specifically address formal education and systems and structures so that we may all design, do and teach research and practice related to human rights in a more critical and sustainable manner. We recognize the tensions of creating research, programs and advocacy that is seen as “legitimate” to educational …

Making Democracy Count: The Seemingly Technical Procedures That Can Make Or Break A Census, Charlotte Schwartz, Jeffrey Zalesin, Rachel Brown

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming

Challenging Voting Rights And Political Participation In State Courts, Irving Joyner

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming

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

The Scholar: St. Mary's Law Review on Race and Social Justice

When the author wrote Writing At the Master’s Table: Reflections on Theft, Criminality, and Otherness in the Legal Writing Profession almost 10 years ago, her aim was to bring a Critical Race Theory/Feminism (CRTF) analysis to scholarship about the marginalization of White women law professors of legal writing. She focused on the convergence of race, gender, and status to highlight the distinct inequities women of color face in entering their ranks. The author's concern was that barriers to entry for women of color made it less likely that the existing legal writing professorate, predominantly White and female, would problematize the …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Law And Society: The Criminalization Of Latinx In The United States, Gabriela Groenke

Dissertations, Theses, and Capstone Projects

The United States leads the world in incarceration with just over 2.2 million people in state or federal prisons or local jails in 2014 (Bureau of Justice Statistics 2016). Although the number of incarcerated individuals has declined by about .5 percent since its peak in 2008 (Bureau of Justice Statistics 2016), the fact remains that mass incarceration is an epidemic in the United States. Over the last decade much has been written about the effects of mass incarceration on people of color, with many analysts pointing to the fear of crime as contributing to the formulation of current policies, which …

Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang

Sean Farhang

This article draws on novel data and presents the results of the first empirical analysis of how potentially salient characteristics of Court of Appeals judges influence precedential lawmaking on class certification under Rule 23. We find that the partisan composition of the panel (measured by the party of the appointing president) has a very strong association with certification outcomes, with all-Democratic panels having more than double the certification rate of all-Republican panels in precedential cases. We also find that the presence of one African American on a panel, and the presence of two females (but not one), is associated with …

Book Review (Reviewing Louis Fisher's Congress: Protecting Individual Rights), Adeen Postar

Adeen Postar

Fisher is currently the Scholar in Residence at the Constitution Project, and is well known for his many years as Senior Specialist on Separation of Powers at the Congressional Research Service and as Specialist in Constitutional Law at the Law Library of Congress. He has extensive experience testifying before Congress on topics that include Congress and the constitution, war powers, executive power and privilege, and several aspects of the federal budget and its processes. He has written numerous books on these topics, including (to name only a few) The President and Congress: Power and Policy (1972); Defending Congress and the …

An Instrument At The Forefront Of Social Change: The Legacy Of Joaquin G. Ávila, Steven W. Bender

Seattle Journal for Social Justice

No abstract provided.

The Shaw Claim: The Rise And Fall Of Colorblind Jurisprudence, Molly P. Matter

Seattle Journal for Social Justice

No abstract provided.

“We Are Still Citizens, Despite Our Regrettable Past” Why A Conviction Should Not Impact Your Right To Vote, Jaime Hawk, Breanne Schuster

Seattle Journal for Social Justice

No abstract provided.

Conversation With Jody Raphael About "Decriminalization Of Prostitution: The Soros Effect", Heather Brunskell-Evans

Dignity: A Journal of Analysis of Exploitation and Violence

George Soros and Open Society Foundation are supporting the decriminalization of prostitution by funding organizations around the world to advocate for this legal change. Heather Brunskell-Evans (FiLiA podcasts, London) interviews Jody Raphael, Senior Research Fellow, Schiller DuCanto & Fleck Law Center, DePaul University College of Law, Chicago, Illinois, USA, about her research on this topic and discusses her article "Decriminalization of Prostitution: The Soros Effect."

Does The Decriminalization Of Prostitution Reduce Rape And Sexually Transmitted Disease? A Review Of Cunningham And Shah Findings, Lily Lachapelle, Clare Schneider, Melanie Shapiro, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

In 2013, research findings by Cunningham and Shah claimed that rape and sexually transmitted diseases were reduced by decriminalized prostitution in Rhode Island. The original unpublished claims have received wide media coverage which have gone unexamined. This review finds errors in their analyses. One error is the date when prostitution was decriminalized in Rhode Island. Cunningham and Shah claim that prostitution was decriminalized in 2003. Our analysis finds the date of decriminalization of prostitution was 1980. The change in the start date of decriminalization significantly alters the analysis and the findings. Another error results from Cunningham and Shah using an …

What Fema Should Do After Puerto Rico: Toward Critical Administrative Constitutionalism, Yxta Maya Murray

Arkansas Law Review

The 200th anniversary of the 1819 Supreme Court decision McCulloch v. Maryland offers scholars a special opportunity to study the shortcomings of the federal The Robert T. Stafford Disaster Relief and Emergency Assistance Act, as they were revealed by FEMA’s failures in Puerto Rico during and after Hurricane Maria. Under Article I, Section 8 of the Constitution, as it has been interpreted by McCulloch, a law passed by Congress must be necessary and proper for executing its powers. In light of the expansive capacities allotted for disaster relief under the Stafford Act, and the catastrophic failure of FEMA to provide …

Roots Of Revolution: The African National Congress And Gay Liberation In South Africa, Joseph S. Jackson

Brooklyn Journal of International Law

South Africa’s post-apartheid constitutions were the first in the world to contain an explicit prohibition of discrimination on grounds of sexual orientation, and that prohibition established the foundation for marriage equality and broad judicial and legislative protection of gay rights in South Africa. The source of this gay rights clause in the South African Constitution can be found in the African National Congress’s decision to include such a clause in the ANC’s A Bill of Rights for a New South Africa, published when the apartheid government of South Africa was still in power. This article traces the story of that …

Safeguarding Democracy In Europe: A Bulwark Against Hungary’S Subversion Of Civil Society, Hannah J. Sarokin

Brooklyn Journal of International Law

Spurred in large part by a mounting humanitarian crisis in Syria, the 2015 migrant crisis exposed deeply rooted fractures within the European Union regarding refugee resettlement. While the European Union worked to develop a synchronized response to the influx of refugees and asylees, Hungary defiantly sought to close its borders. In doing so, the Hungarian government targeted not only those seeking refuge, but its own civil society. In a series of opaque and overtly punitive legislative acts passed in the summer of 2018, Hungary criminalized any civil society activities that facilitate or assist with immigration. This Note will analyze the …

Shelby County And Local Governments: A Case Study Of Local Texas Governments Diluting Minority Votes, Sydnee Fielkow

Northwestern Journal of Law & Social Policy

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 …

Rwu Law News: The E-Newsletter Of Roger Williams University School Of Law (June 2019), Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

'Race, Racism, And American Law': A Seminar From The Indigenous, Black, And Immigrant Legal Perspectives, Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills

The Scholar: St. Mary's Law Review on Race and Social Justice

Flagrant racism has characterized the Trump era from the onset. Beginning with the 2016 presidential campaign, Trump has inflamed long-festering racial wounds and unleashed White supremacist reaction to the nation’s first Black President, in the process destabilizing our sense of the nation’s racial progress and upending core principles of legality, equality, and justice. As law professors, we sought to rise to these challenges and prepare the next generation of lawyers to succeed in a different and more polarized future. Our shared commitment resulted in a new course, “Race, Racism, and American Law,” in which we sought to explore the roots …

Management Alert -- Dhs Needs To Address Dangerous Overcrowding Among Single Adults At El Paso Del Norte Processing Center (Redacted), John V. Kelly

Department of Homeland Security

During the week of May 6, 2019, we visited five Border Patrol stations and two ports of entry in the El Paso area, including greater El Paso and eastern New Mexico, as part of our unannounced spot inspections of CBP holding facilities. We reviewed compliance with CBP’s Transport, Escort, Detention and Search (TEDS) standards, which govern CBP’s interaction with detained individuals, and observed dangerous holding conditions at the El Paso Del Norte Processing Center (PDT) Border Patrol processing facility, located at the Paso Del Norte Bridge, that require immediate attention. Specifically, PDT does not have the capacity to hold the …

Immigration Politics: Shifting Norms, Policies And Practices, Felicia Escobar, Annie Lai, Hiroshi Motomura, Karen Tumlin, Kathleen Kim

Loyola of Los Angeles Law Review

No abstract provided.

Law School News: 'Hate And Bigotry Have No Place In America' April 18, 2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

The Impact Of H.B. 214: A Critical Analysis Of The Texas "Rape Insurance" Bill, Lucie Arvallo

St. Mary's Law Journal

Texas House Bill 214 (H.B. 214) is subject to challenge under the Supreme Court precedent protecting a woman’s right to choose. Passed in 2017, H.B. 214 regulates Texas insurance markets by prohibiting coverage for an elective abortion unless a woman affirmatively opts into such coverage through a separate contract and pays a separate premium. Similar restrictions on insurance coverage for elective abortion in other states have been met with mixed results in the courts. What sets H.B. 214 apart from other regulations of insurance coverage for abortion is that it does not include any exceptions for abortions in cases of …

2nd Annual Stonewall Lecture 04-16-2019, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Creative Lawyering For Social Change, Raymond H. Brescia

Georgia State University Law Review

Lawyers have long played an integral part in efforts to bring about social change. With an increasing desire to see change in the world, regardless of one’s political perspective, there is a growing interest in understanding the role that lawyers can play in bringing about such change. This type of lawyering is complex, however, and faces far more challenges than those the traditional lawyer faces in his or her work. Although all lawyers solve problems on behalf of their clients, the role of the social-change lawyer is more complex because the problems she seeks to address are more complex, mostly …

Responsibility In Building Rule Of Law: Kosovo Challenges, Avdullah Robaj, Sabiha Shala

International Journal on Responsibility

The principle of the rule of law is one of the most important and essential principles for any state and for democratic society. Its fullest realization in everyday life is the best guarantee for development of democracy and recognition and enforcement of citizens' fundamental rights and freedoms. To this end, the general principles of the rule of law today occupy a special place and are fixed explicitly in contemporary constitutions and democratic legislation. The well-known countries of Western democracies have long established a rich and valuable legacy in this regard. When exploring the contours and details about establishing the rule …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.