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Community Economic Development Strategies In The New Millennium: Key Advantages Of Community Benefits Agreements In Urban Mega-Projects, Andy Carr Jul 2019

Community Economic Development Strategies In The New Millennium: Key Advantages Of Community Benefits Agreements In Urban Mega-Projects, Andy Carr

Hastings Race and Poverty Law Journal

No abstract provided.


The Real Anchor Babies: How Our Family Reunification Process Fails Refugee Women And Children & How We Can Do Better, Leanna Marie Sac Jul 2019

The Real Anchor Babies: How Our Family Reunification Process Fails Refugee Women And Children & How We Can Do Better, Leanna Marie Sac

Hastings Race and Poverty Law Journal

No abstract provided.


Death In The Shadows, Mary Campbell Dr., Lucille Jewel Jul 2019

Death In The Shadows, Mary Campbell Dr., Lucille Jewel

Hastings Race and Poverty Law Journal

This paper is about the law and visual culture. Its centerpiece is Parson Weems’ Fable (1939) (fig.1), a painting by the American artist Grant Wood (1891-1942) that depicts the apocryphal story of George Washington and the cherry tree. At first glance, Wood’s image appears to celebrate an enduring myth of American virtue, namely Washington’s precocious inability to tell a lie. Studying the picture more closely, however, one finds a pair of black figures, presumably two of the Washingtons’ slaves. Stationed beneath dark storm clouds and harvesting cherries from a second tree, these slaves invoke yet another national ...


Chinese American Responses To The Japanese American Internment And Incarceration, Jeremy Chan Jul 2019

Chinese American Responses To The Japanese American Internment And Incarceration, Jeremy Chan

Hastings Race and Poverty Law Journal

No abstract provided.


The Criminal Justice Standard For Determining Whether Police Officers Used Excessive Force: A Validation Of White Supremacy, María G. López Segoviano Jul 2019

The Criminal Justice Standard For Determining Whether Police Officers Used Excessive Force: A Validation Of White Supremacy, María G. López Segoviano

Hastings Race and Poverty Law Journal

No abstract provided.


The Brandeis Thought Experiment: A Reflection On The Elimination Of Racial Bias In The Legal System, Patrick C. Brayer Jul 2019

The Brandeis Thought Experiment: A Reflection On The Elimination Of Racial Bias In The Legal System, Patrick C. Brayer

Hastings Race and Poverty Law Journal

No abstract provided.


Necessary But Not Sufficient: Two Case Studies Of Government Apologies Failing To Bring Closure, Frank H. Wu Jul 2019

Necessary But Not Sufficient: Two Case Studies Of Government Apologies Failing To Bring Closure, Frank H. Wu

Hastings Race and Poverty Law Journal

No abstract provided.


Masthead Jul 2019

Masthead

Hastings Race and Poverty Law Journal

No abstract provided.


Legal Inequality: Law, The Legal System, And The Lessons Of The Black Experience In America, William Y. Chin Jul 2019

Legal Inequality: Law, The Legal System, And The Lessons Of The Black Experience In America, William Y. Chin

Hastings Race and Poverty Law Journal

No abstract provided.


Masthead Jan 2019

Masthead

Hastings Race and Poverty Law Journal

No abstract provided.


The Birth Of A Nation: A Study Of Slavery In Seventeenth-Century Virginia, Randolph M. Mclaughlin Jan 2019

The Birth Of A Nation: A Study Of Slavery In Seventeenth-Century Virginia, Randolph M. Mclaughlin

Hastings Race and Poverty Law Journal

No abstract provided.


“Helpfulness” Is A Two-Way Street: How The Commonwealth Of Virginia Can Support Undocumented Survivors Of Domestic Violence, J. Nicole Alanko Jan 2019

“Helpfulness” Is A Two-Way Street: How The Commonwealth Of Virginia Can Support Undocumented Survivors Of Domestic Violence, J. Nicole Alanko

Hastings Race and Poverty Law Journal

No abstract provided.


Revising Society Must Be Defended By Michel Foucault, Sam Holder Jan 2019

Revising Society Must Be Defended By Michel Foucault, Sam Holder

Hastings Race and Poverty Law Journal

No abstract provided.


“They Trespass Her Body Like They Trespass This Land” Civil And Criminal Jurisdictional Issues Involving Assaults On Tribal Lands By Non-Indians, Katie P. Gross Jan 2019

“They Trespass Her Body Like They Trespass This Land” Civil And Criminal Jurisdictional Issues Involving Assaults On Tribal Lands By Non-Indians, Katie P. Gross

Hastings Race and Poverty Law Journal

No abstract provided.


Class Houses: Fragility And Disunity In The Ranks Of Academe Or Democratizing The Future Of Legal Education According To The Vision Of Ivan Illich, Monica Teixeira De Sousa Jan 2018

Class Houses: Fragility And Disunity In The Ranks Of Academe Or Democratizing The Future Of Legal Education According To The Vision Of Ivan Illich, Monica Teixeira De Sousa

Hastings Race and Poverty Law Journal

No abstract provided.


Building A Fair And Just New York: Decriminalize Transactional Sex, Frankie Herrmann Jan 2018

Building A Fair And Just New York: Decriminalize Transactional Sex, Frankie Herrmann

Hastings Race and Poverty Law Journal

No abstract provided.


Moving Forward After Daca: Student Stories And Town Hall, Hastings Race And Poverty Law Journal Jan 2018

Moving Forward After Daca: Student Stories And Town Hall, Hastings Race And Poverty Law Journal

Hastings Race and Poverty Law Journal

No abstract provided.


Masthead Jan 2018

Masthead

Hastings Race and Poverty Law Journal

No abstract provided.


Killing Two Achievements With One Stone: The Intersectional Impact Of Shelby County On The Rights To Vote And Access High Performing Schools, Steven L. Nelson Jul 2016

Killing Two Achievements With One Stone: The Intersectional Impact Of Shelby County On The Rights To Vote And Access High Performing Schools, Steven L. Nelson

Hastings Race and Poverty Law Journal

The Civil Rights Movement sought to ensure access to the right to vote and to quality education. Although these two pursuits are historically inseparable, scholars have addressed education and voting rights as separate struggles within one movement. This Article addresses the intersection of educational equity and voting rights by assessing the role of the Supreme Court’s decision in Shelby County v. Holder on Black voters’ ability to participate in the politics of education and educational policy via school board selection processes. This Article argues that the Court’s decision in Shelby County restricted access to political participation for Black ...


Fortitude In The Face Of Adversity: Delta Sigma Theta’S History Of Racial Uplift, Gregory S. Parks, Marcia Hernandez Jul 2016

Fortitude In The Face Of Adversity: Delta Sigma Theta’S History Of Racial Uplift, Gregory S. Parks, Marcia Hernandez

Hastings Race and Poverty Law Journal

The common narrative about the African-American quest for social justice and civil rights during the 20th century consists, largely, of men and women working through

organizations to bring about change. The typical list of organizations includes, inter alia, the National Association for the Advancement of Colored People, the National Urban League, the Southern Christian Leadership Conference, and the Student Nonviolent Coordinating Committee. African- American collegiate-based sororities are almost never included in this list. Nevertheless, at the turn of the 20th century, a small group of organizations founded on personal excellence sparked the development and sustaining of fictive-kinship ties and racial ...


The Fourth Sector: Creating A For-Profit Social Enterprise Sector To Directly Combat The Lack Of Social Mobility In Marginalized Communities, Carlos Jurado Jul 2016

The Fourth Sector: Creating A For-Profit Social Enterprise Sector To Directly Combat The Lack Of Social Mobility In Marginalized Communities, Carlos Jurado

Hastings Race and Poverty Law Journal

The United States is currently facing record high rates of income inequality and, as a result, there is a general lack of social mobility. This is troublesome for Americans because of the potential disastrous implications for the United States economy. The current state of the American market has enabled an environment where a few elite continue to hoard large amounts of the profits generated by the economy while the lower class has experienced a substantial growth in population with incomparable economic growth. In addition, the middle class has significantly diminished and can soon be rendered ineffective in its role as ...


Niños, Niñas Y Adolescentes In Guatemala: Reflections On The Implementation Of The Ley Pina, Stacy Kowalski Jul 2016

Niños, Niñas Y Adolescentes In Guatemala: Reflections On The Implementation Of The Ley Pina, Stacy Kowalski

Hastings Race and Poverty Law Journal

This Note examines Guatemala’s Ley de Protección Integral de la Niñez y Adolescencia (Law for the Comprehensive Protection of Children and Adolescents, or Ley PINA) and analyzes why this law has not effectively protected the rights of children and adolescents, within the context of historical and structural violence, which contribute to a lack of prioritization of youth in Guatemala. In 2014, the United States experienced a large influx of unaccompanied minors fleeing primarily from Guatemala, Honduras, and El Salvador. A delegate of attorneys and law students traveled to Guatemala to interview child advocates, including government officials, and representatives of ...


Integrate And Reactivate The 1968 Fair Housing Mandate, Courtney L. Anderson Jan 2016

Integrate And Reactivate The 1968 Fair Housing Mandate, Courtney L. Anderson

Hastings Race and Poverty Law Journal

The Fair Housing Act of 1968 (“FHA”) was created to eliminate discrimination in the sale, rental and financing of housing, and to mandate affirmative actions be taken to develop fair housing throughout the United States. Numerous scholars and practitioners have lamented both the failure of the FHA to enforce its sections calling for government entities to affirmatively further fair housing, and the narrow interpretation of the FHA. This narrow interpretation has effectively rendered the FHA useless when a plaintiff claims that environmental ills have reduced the value and livability of homes, because these “non‐housing” claims are too far removed ...


La Gran Lucha: Latina And Latino Lawyers, Breaking The Law On Principle, And Confronting The Risks Of Representation, Marc‐Tizoc González Jan 2016

La Gran Lucha: Latina And Latino Lawyers, Breaking The Law On Principle, And Confronting The Risks Of Representation, Marc‐Tizoc González

Hastings Race and Poverty Law Journal

In a time when people in the United States have been taking to the streets en masse to protest unjust socio‐legal conditions like police brutality and the draconian enforcement of immigration laws, the time is ripe to reconceptualize what it means to break the law on principle. Twenty five years ago, Harvard Law Dean Martha L. Minow conceptualized “the risks of representation” for lawyers whose clients “entertain breaking the law as one of their strategies for achieving social change.” Responding substantively to Minow’s ideas, Houston Law Professor Michael A. Olivas presented three case studies to illuminate the risks ...


The Obergefell Marriage Equality Decision, With Its Emphasis On Human Dignity, And A Fundamental Right To Food Security, Maxine D. Goodman Jan 2016

The Obergefell Marriage Equality Decision, With Its Emphasis On Human Dignity, And A Fundamental Right To Food Security, Maxine D. Goodman

Hastings Race and Poverty Law Journal

Today, the welfare rights movement has faltered. However, the Supreme Court’s recent marriage equality decision, with its emphasis on human dignity, lends hope to the notion that the Court should also acknowledge a right to food security. This Article identifies the role human dignity has served in the Court’s constitutional analysis to acknowledge and protect, for example, rights to privacy, to travel, to be heard, to self‐representation, to marry, to speak freely, and to preserve bodily integrity. According to the Court, these rights are all a part of liberty. Arguably, and as FDR said, “[i]f, as ...


Police Terror And Officer Indemnification, Allyssa Villanueva Jan 2016

Police Terror And Officer Indemnification, Allyssa Villanueva

Hastings Race and Poverty Law Journal

Police accountability has quickly pressed to the forefront of national conversations and subsequently, the national political agenda. Increasing prevalence of excessive and lethal use of force by police officers induced this attention. President Obama convened a Task Force on 21st Century Policing, after the Department of Justice conducted several pattern and practice investigation of misconduct following the high‐profile deaths of unarmed Michael Brown and Eric Garner. Their deaths both resulted in no criminal charges against responsible officers. Civil suit was the only option left for officer accountability. This Note addresses the use of 42 U.S.C. §1983 as ...


After The Hurricane: The Legacy Of The Rubin Carter Case, Judith L. Ritter Jan 2015

After The Hurricane: The Legacy Of The Rubin Carter Case, Judith L. Ritter

Hastings Race and Poverty Law Journal

Rubin "Hurricane" Carter died in the spring of 2014 at the age of seventy-six. He was a top middleweight boxing contender in the early 1960s, twice convicted of a triple homicide, but then freed by a federal court in 1985 after he served nineteen years in prison. This Article recalls his life, the homicide trials, and the constitutional issues that led to his release. The Article makes the point that had Rubin Carter's federal habeas corpus petition been adjudicated under current law, he would have remained behind bars. Congress enacted the Antiterrorism and Effective Death Penalty Act in 1996 ...


Equal Protection: Immigrants' Access To Healthcare And Welfare Benefits, Mel Cousins Jan 2015

Equal Protection: Immigrants' Access To Healthcare And Welfare Benefits, Mel Cousins

Hastings Race and Poverty Law Journal

The introduction of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 has led to considerable litigation on the rights of immigrants to healthcare and welfare benefits. There is significant divergence between the approaches adopted by different courts (both federal and state). This divergence is based, in part, on the different statutory schemes involved, as well as different approaches to Equal Protection. However, none of the cases have reached the United States Supreme Court, so the "correct" approach remains unclear. Following the fiscal crisis of 2008, several states moved for increased exclusion of certain immigrants, residing in the country ...


Can Local Governments Provide Protection To Vulnerable Communities In California A State Which Has Legalized Predatory Payday Lending And Failed To Pass Reform, Krista R. Granen Jan 2015

Can Local Governments Provide Protection To Vulnerable Communities In California A State Which Has Legalized Predatory Payday Lending And Failed To Pass Reform, Krista R. Granen

Hastings Race and Poverty Law Journal

The payday lending industry provides small dollar loans to persons across the United States. Although their product is marketed as temporary, the majority of borrowers cannot repay the underlying amount and exorbitant interest rates within the deceptively advertised time period. As a result, most borrowers remain indebted to payday lenders for approximately half of the year and must forgo basic necessities in order to extricate themselves from payday debt. This Note seeks to clarify the mechanics of payday lending, provide the surrounding historical and legal context, and explain the industry's especially negative impact on low-income and minority communities in ...


Effectively Implementing Civilian Oversight Boards To Ensure Police Accountability And Strengthen Police-Community Relations, Kevin King Jan 2015

Effectively Implementing Civilian Oversight Boards To Ensure Police Accountability And Strengthen Police-Community Relations, Kevin King

Hastings Race and Poverty Law Journal

The recent killings of Michael Brown and Eric Garner have reignited the debate over curbing police misconduct. Due to United States Supreme Court jurisprudence and the quality of internal affairs investigations there continues to be a void in police oversight. Local governments are often reactive, instead of proactive, when implementing strategies for overseeing police misconduct. On several occasions civilian oversight boards have only formed in reaction to tragic death. When implemented effectively, civilian oversight boards can both help create just police practices and better the civilian complaint process. Unfortunately, some of these boards fail to develop into more than symbols ...