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

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.


Racial Indirection, Yuvraj Joshi Apr 2019

Racial Indirection, Yuvraj Joshi

Yuvraj Joshi

Racial indirection describes practices that produce racially disproportionate results without the overt use of race. This Article demonstrates how racial indirection has allowed — and may continue to allow — efforts to desegregate America’s universities. By analyzing the Supreme Court’s affirmative action cases, the Article shows how specific features of affirmative action doctrine have required and incentivized racial indirection, and how these same features have helped sustain the constitutionality of affirmative action to this point. There is a basic constitutional principle that emerges from these cases: so long as the end is constitutionally permissible, the less direct the reliance on ...


Reassessing American Democracy: The Enduring Challege Of Racial Exclusion, Johanna Kalb, Didi Kuo Jan 2018

Reassessing American Democracy: The Enduring Challege Of Racial Exclusion, Johanna Kalb, Didi Kuo

Michigan Law Review Online

American democracy is in trouble. Since the 2016 election, a sizable literature has developed that focuses on diagnosing and assessing the state of American democracy, most of which concludes that our system of government is in decline.[2] These authors point to the rise in party polarization, the increasingly bipartisan abandonment of the norms of the democratic process, the rise of populism, the degradation of the public sphere, and the proliferation of gerrymandered districts and voting restrictions to illustrate the breakdown. And while attributing varying levels of significance to these factors, a common theme is that American democracy, once stable ...


Newsroom: The Violence In Charlottesville 08-14-2017, Michael J. Yelnosky Aug 2017

Newsroom: The Violence In Charlottesville 08-14-2017, Michael J. Yelnosky

Life of the Law School (1993- )

No abstract provided.


Trending @ Rwu Law: Deborah Gonzalez's Post: Why I Marched... 1-25-2017, Deborah Gonzalez Jan 2017

Trending @ Rwu Law: Deborah Gonzalez's Post: Why I Marched... 1-25-2017, Deborah Gonzalez

Law School Blogs

No abstract provided.


Trending @ Rwu Law: Deborah Johnson's Post: Now "Defamation" Matters More Than Ever 11-16-2016, Deborah Johnson Nov 2016

Trending @ Rwu Law: Deborah Johnson's Post: Now "Defamation" Matters More Than Ever 11-16-2016, Deborah Johnson

Law School Blogs

No abstract provided.


Myth: Hard Work And Credentials Determine Employment Opportunities Feb 2016

Myth: Hard Work And Credentials Determine Employment Opportunities

Alev Dudek

"The way one's career develops has little to do with what one went to school for, envisioned, or carefully planned. Careers generally result from coincidence. Regardless of these facts, job seekers are told to endure extensive career testing and planning, or they are asked to create artificial networks that seldom lead to more than frustration. They are given tests that allegedly determine which careers a particular individual would excel in and be a good fit for based on his or her skills and interests, as if the individual would not excel in other careers as much, or as if ...


Newsroom: Reeves Urges: 'Be Citizen Soldiers', Roger Williams University School Of Law Jan 2016

Newsroom: Reeves Urges: 'Be Citizen Soldiers', Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Newsroom: Judge Keynotes Mlk Week, Roger Williams University School Of Law Jan 2016

Newsroom: Judge Keynotes Mlk Week, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Australians' "Right" To Be Bigoted: Protecting Minorities' Rights From The Tyranny Of The Majority, Jillian Rudge Jan 2016

Australians' "Right" To Be Bigoted: Protecting Minorities' Rights From The Tyranny Of The Majority, Jillian Rudge

Brooklyn Journal of International Law

Australia’s Racial Discrimination Act (RDA) is a federal statute prohibiting behavior that offends, insults, humiliates, or intimidates people based on their race, nationality, ethnicity, or immigration status. It appropriately limits the right to freedom of expression where the exercise of that right encroaches on other, equally fundamental rights to equality and freedom from discrimination. The RDA is one of Australia’s few human rights laws focused on fighting racism. It is especially important for protecting the rights of minorities since Australia lacks a constitutional or federal bill of rights. Unfortunately, in 2014 and 2015, conservative politicians called for a ...


All Americans Not Equal: Mistrust And Discrimination Against Naturalized Citizens In The U.S., Alev Dudek Aug 2015

All Americans Not Equal: Mistrust And Discrimination Against Naturalized Citizens In The U.S., Alev Dudek

Alev Dudek

Approximately 13 percent of the U.S. population — nearly 40 million — is foreign-born, of which about 6 percent are naturalized U.S. citizens. Given the positive image associated with immigrants — the “nation of immigrants” or “the melting pot” — one would assume that all Americans in the U.S.A., natural born or naturalized, have equal worth as citizens. This, however, is not necessarily the case. Despite U.S. citizenship, naturalized Americans are seen less than equal to natural born Americans. They are often confused with “foreign nationals.” Moreover, their cultural belonging, allegiance, English-language skills, as well as other qualifications, are ...


The First Justice Harlan By The Numbers: Just How Great Was "The Great Dissenter?", Gabriel J. Chin Jul 2015

The First Justice Harlan By The Numbers: Just How Great Was "The Great Dissenter?", Gabriel J. Chin

Akron Law Review

Considering these kinds of evidence together may offer an informed picture of a judge’s disposition. By these measures, Harlan cannot be regarded as a defender of Asian civil rights. Based on his voting record, he was the most ardent defender of African American civil rights. By contrast, his record in Asian cases was one of the worst. His votes in favor of African American civil rights were in critical cases. In most of the critical cases with respect to Asian litigants, he voted against them.


Faculty Insights On Educational Diversity, Meera E. Deo May 2015

Faculty Insights On Educational Diversity, Meera E. Deo

Fordham Law Review

Twice in the past two years, the U.S. Supreme Court has approved educational diversity as a compelling state interest that justifies the use of race in higher education admissions decisions. Nevertheless, it remains on somewhat shaky ground. Over the past decade, the Court has emphasized that its acceptance of diversity stems from the expectation that a diverse student body will enhance the classroom environment, with students drawing on their diverse backgrounds during classroom conversations that ultimately bring the law to life. Yet, the Court provides no support for its assumption that admitting and enrolling diverse students actually result in ...


Critical Race Science And Critical Race Philosophy Of Science, Paul Gowder May 2015

Critical Race Science And Critical Race Philosophy Of Science, Paul Gowder

Fordham Law Review

Over several decades, feminist philosophy of science has revealed the ways in which much of science has proceeded from “mainstream” assumptions that privilege men and other hierarchically superordinate groups and existing socially constructed conceptions of gender. In doing so, it has produced a research program that, while rooted in the post- Kuhnian philosophy and sociology of science that has been taken up by many students of scientific method more generally, has been used to critique great swathes of modern science and to reveal both the biases of the mainstream, and the transformative potential of a science that proceeds from the ...


Legal Professional De(Re)Regulation, Equality, And Inclusion, And The Contested Space Of Professionalism Within The Legal Market In England And Wales, Lisa Webley Apr 2015

Legal Professional De(Re)Regulation, Equality, And Inclusion, And The Contested Space Of Professionalism Within The Legal Market In England And Wales, Lisa Webley

Fordham Law Review

This Article aims to examine equality and inclusion in legal services from the perspectives of would-be lawyers and would-be clients. It begins by examining the state and solicitors’ changing relationship regarding access to justice, professional independence, and the rule of law. It then considers the changes that the LSA 2007 wrought, and whether this neoliberal turn can deliver equality and inclusion within the profession and by the profession for those seeking redress with legal help. It also explores whether de(re)regulation may be altering the legal profession(s)’s ability to act as gatekeeper to the profession(s) and ...


Bicultural Experience In The Legal Profession: A Developmental Network Approach, Jonathan Ashong-Lamptey Apr 2015

Bicultural Experience In The Legal Profession: A Developmental Network Approach, Jonathan Ashong-Lamptey

Fordham Law Review

A developmental network refers to the egocentric network of individuals who take an active interest in and concerted actions toward advancing a protégé’s career. In Part I of this Article, I draw upon the literature to outline the lived experiences of black lawyers, highlighting the need for them to manage their working identity. In Part II, I further develop bicultural experience as a construct for exploring racial minority experience in a professional context with recent developments from the acculturation literature. In Part III, I introduce the developmental network as a vehicle for understanding developmental relationships. Part IV summarizes the ...


Difference Blindness Vs. Bias Awareness: Why Law Firms With The Best Of Intentions Have Failed To Create Diverse Partnerships, Russell G. Pearce, Eli Wald, Swethaa S. Ballakrishnen Apr 2015

Difference Blindness Vs. Bias Awareness: Why Law Firms With The Best Of Intentions Have Failed To Create Diverse Partnerships, Russell G. Pearce, Eli Wald, Swethaa S. Ballakrishnen

Fordham Law Review

This Article uses the example of BigLaw firms to explore the challenges that many elite organizations face in providing equal opportunity to their workers. Despite good intentions and the investment of significant resources, large law firms have been consistently unable to deliver diverse partnership structures—especially in more senior positions of power. Building on implicit and institutional bias scholarship and on successful approaches described in the organizational behavior literature, we argue that a significant barrier to systemic diversity at the law firm partnership level has been, paradoxically, the insistence on difference blindness standards that seek to evaluate each person on ...


Diversity In The Legal Profession: Perspectives From Managing Partners And General Counsel, Deborah L. Rhode, Lucy Buford Ricca Apr 2015

Diversity In The Legal Profession: Perspectives From Managing Partners And General Counsel, Deborah L. Rhode, Lucy Buford Ricca

Fordham Law Review

Within the American legal profession, diversity is widely embraced in principle but seldom realized in practice. Women and minorities are grossly underrepresented at the top and overrepresented at the bottom. What accounts for this disparity and what can be done to address it are the subjects of this Article. It provides the first comprehensive portrait of the problem from the vantage of leaders of the nation’s largest legal organizations. Through their perspectives, this Article seeks to identify best practices for diversity in law firms and in-house legal departments, as well as the obstacles standing in the way.

Part I ...


Race And Rapport: Homophily And Racial Disadvantage In Large Law Firms, Kevin Woodson Apr 2015

Race And Rapport: Homophily And Racial Disadvantage In Large Law Firms, Kevin Woodson

Fordham Law Review

This Article calls attention to a different, heretofore unacknowledged source of racial disadvantage in these firms, one that is neither dependent upon these inferences of racial bias, nor incompatible with them. Cultural homophily, the tendency of people to develop rapport and relationships with others on the basis of shared interests and experiences, profoundly and often determinatively disadvantages many black attorneys in America’s largest law firms. Although not intrinsically racial, cultural homophily has decidedly racial consequences in this context because of the profound social and cultural distance that separates black and white Americans, evident in pronounced racial patterns in a ...


Foreword: Diversity In The Legal Profession: A Comparative Perspective, Deborah L. Rhode Apr 2015

Foreword: Diversity In The Legal Profession: A Comparative Perspective, Deborah L. Rhode

Fordham Law Review

In principle, the legal profession in the United States and United Kingdom is deeply committed to diversity and inclusion. In practice, it lags behind. This colloquium explores what stands in the way. Leading scholars from both countries look at the gap between aspirations and achievement, and suggest some concrete strategies for change.


Shaping Diversity And Inclusion Policy With Research, Julie Ashdown Apr 2015

Shaping Diversity And Inclusion Policy With Research, Julie Ashdown

Fordham Law Review

The legal profession in England and Wales is perceived as pale, male, and stale (that is, white, male, and older), but is that actually the case? And, if it is, what could or should a representative body like the Law Society do about it? This Article considers the situation from the perspective of solicitors. It reviews the research that the Law Society has commissioned over the last twenty years and how the findings have impacted policymaking. This Article looks at the main initiatives resulting from the research and considers whether they have made a difference and what the continuing challenges ...


Busy Doing Nothing: An Exploration Of The Disconnect Between Gender Equity Issues Faced By Large Law Firms In The United Kingdom And The Diversity Management Initiatives Devised To Address Them, Savita Kumra Apr 2015

Busy Doing Nothing: An Exploration Of The Disconnect Between Gender Equity Issues Faced By Large Law Firms In The United Kingdom And The Diversity Management Initiatives Devised To Address Them, Savita Kumra

Fordham Law Review

The Article has three parts: the first reviews the data showing women’s increased participation in the legal sector and assesses why increased participation has not led to inclusion at senior levels. The main barriers are macro and micro processes of social reproduction, poor access to mentors and influential business networks, and gender bias in society at large.

In the second part, the response by large law firms is assessed. This has largely consisted of “business case” approaches to diversity management. The key characteristics of these approaches are presented, as is an overview of key practices adopted by large law ...


Going Public: Diversity Disclosures By Large U.K. Law Firms, Steven Vaughan Apr 2015

Going Public: Diversity Disclosures By Large U.K. Law Firms, Steven Vaughan

Fordham Law Review

The Legal Services Board (LSB) has been the parent regulator of legal services in England and Wales since 2009. Born of the wide-ranging reforms introduced by the Legal Services Act 2007 (LSA), the LSB is tasked with promoting the regulatory objectives contained within the LSA, including “encouraging an independent, strong, diverse and effective legal profession.” In July 2011, the LSB introduced a rule requiring the collection of data on workforce diversity and the publication of that data by the legal profession. This was the first—and indeed, is the only—direct regulatory intervention taken with regard to diversity in the ...


How Diversity Can Redeem The Mcdonnell Douglas Standard: Mounting An Effective Title Vii Defense Of The Commitment To Diversity In The Legal Profession, Stacy Hawkins Apr 2015

How Diversity Can Redeem The Mcdonnell Douglas Standard: Mounting An Effective Title Vii Defense Of The Commitment To Diversity In The Legal Profession, Stacy Hawkins

Fordham Law Review

This Article undertakes an analysis, both quantitative and qualitative, of the developing body of Title VII diversity law. The jurisprudence of diversity was first developed by the U.S. Supreme Court in equal protection cases, but it has not been confined to that context. In particular, lower federal courts have been adjudicating cases asserting an interest in diversity as a means of challenging or justifying race/ethnicity- or gender-conscious policies and/or practices under Title VII. These cases have given rise to a body of Title VII diversity law that has remained largely unexplored in the scholarly literature. Because these ...


Biglaw Identity Capital: Pink And Blue, Black And White, Eli Wald Apr 2015

Biglaw Identity Capital: Pink And Blue, Black And White, Eli Wald

Fordham Law Review

This Article advances a new capital analysis, depicting BigLaw relationships not as basic labor-salary exchanges but rather as complex transactions in which BigLaw and its lawyers exchange labor and various forms of capital—social, cultural, and identity. Unlike the traditional Tournament Theory model, in which BigLaw and its lawyers come across as near hopeless pawns powerless to combat vicious exogenous societal forces outside of their control, the proposed capital model conceives of BigLaw and its lawyers as active players who are very much responsible for the outcomes of their exchanges. Moreover, exactly because the capital model describes the underrepresentation of ...


Reproduction And The Rule Of Law In Latin America, Michele Goodwin, Allison M. Whelan Apr 2015

Reproduction And The Rule Of Law In Latin America, Michele Goodwin, Allison M. Whelan

Fordham Law Review

When Carmen Guadalupe Vasquez was rushed to [the] hospital after giving birth to a stillborn baby boy, the doctors first treated her life-threatening bleeding and then called the police, who handcuffed her to the bed. In El Salvador, where all abortion is illegal and emergency wards are turned into crime scenes, the confused, weak, and desperately ill 18-yearold maid was placed under investigation for terminating her pregnancy and driven away in a police van.


U.S. Police Officers Kill Primarily Because They Are Attacked, Not To Disrupt Crime, Alev Dudek Mar 2015

U.S. Police Officers Kill Primarily Because They Are Attacked, Not To Disrupt Crime, Alev Dudek

Alev Dudek

In spite of the steady decline in violent crimes, law enforcement in the U.S.A. is becoming significantly more violent. Compared to other developed countries, such as Germany or Great Britain, disproportionately more arrest-related deaths occur in the U.S. Additionally, in the treatment of suspects, a racial disparity is evident; disproportionately more black males get killed by white police officers. Political exploitation of “crime” and militarization of law enforcement are factors that contribute to the status-quo and may explain why most arrest-related killings by the police are not a result of attempting to disrupt crime, but in defense ...


On Class-Not-Race, Samuel R. Bagenstos Jan 2015

On Class-Not-Race, Samuel R. Bagenstos

Book Chapters

Throughout the civil rights era, strong voices have argued that policy interventions should focus on class or socioeconomic status, not race. At times, this position-taking has seemed merely tactical, opportunistic, or in bad faith. Many who have opposed race-based civil rights interventions on this basis have not turned around to support robust efforts to reduce class-based or socioeconomic inequality. That sort of opportunism is interesting and important for understanding policy debates in civil rights, but it is not my focus here. I am more interested here in the people who clearly mean it. For example, President Lyndon Baines Johnson—who ...


Reynolds Reconsidered, Guy-Uriel E. Charles, Luis Fuentes-Rohwer Jan 2015

Reynolds Reconsidered, Guy-Uriel E. Charles, Luis Fuentes-Rohwer

Faculty Scholarship

No abstract provided.


The “Social Magic” Of Merit: Diversity, Equity, And Inclusion In The English And Welsh Legal Profession, Hilary Sommerlad Jan 2015

The “Social Magic” Of Merit: Diversity, Equity, And Inclusion In The English And Welsh Legal Profession, Hilary Sommerlad

Fordham Law Review

The discourse of merit is central to the “boundary” practices deployed by the white male elite of the English legal profession to exclude outsiders. The official discourse of government and regulatory body reports presents merit as an objectively verifiable and quantifiable property, synonymous with “excellence,” the salience of which in the recruitment process is indicative of the modernization of the profession. In this form it is mobilized to deflect criticism of the slow progress toward diversity. Critical interrogation of the discourse of merit reveals that it operates rather differently as a key structuring principle of the profession. The alternative meaning ...