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The Legal Needs Of Nonprofits: An Empirical Study Of Tax-Exempt Organizations And Their Access To Legal Services, Raymond H. Brescia, Bahareh Ansari, Hannah Hage Jul 2020

The Legal Needs Of Nonprofits: An Empirical Study Of Tax-Exempt Organizations And Their Access To Legal Services, Raymond H. Brescia, Bahareh Ansari, Hannah Hage

Hastings Race and Poverty Law Journal

This empirical study, using quantitative and qualitative techniques, attempts to assess the state of the legal needs of nonprofit organizations, with an emphasis on the ways in which nonprofit organizations are or are not accessing assistance addressing their legal services needs. While most research into the extent to which Americans may or may not be accessing legal services focuses on the legal needs of individuals and families, this study focuses on the legal needs of nonprofit groups. Our goal with this research project is to contribute to the growing literature on the scope of unmet legal needs in the United ...


Masthead Jul 2020

Masthead

Hastings Race and Poverty Law Journal

No abstract provided.


Editor In Chief: Foreword, Virginia Millacci Jul 2020

Editor In Chief: Foreword, Virginia Millacci

Hastings Race and Poverty Law Journal

No abstract provided.


The Case For A Federal Statute Authorizing Compensation For Legally Imposed Segregation, Thomas B. Stoel Jr. Jul 2020

The Case For A Federal Statute Authorizing Compensation For Legally Imposed Segregation, Thomas B. Stoel Jr.

Hastings Race and Poverty Law Journal

This article, “The Case for a Federal Statute Authorizing Compensation for Legally Imposed Segregation,” proposes enactment of a law to provide reparations to the African Americans who suffered economic, physical, and psychological harm because they were victims of legally imposed racial segregation.

In 1973, Yale Law School Professor Boris Bittker published The Case for Black Reparations, a perceptive, legally rigorous analysis of the issue. Bittker concluded that a focus on reparations for slavery was likely to prove unproductive, and concentrated instead on the prospect for achieving broad- scale reparations for legally imposed segregation. Bittker reached no definitive conclusions; he ended ...


Mistreating Central American Refugees: Repeating History In Response To Humanitarian Challenges, Bill Ong Hing Jul 2020

Mistreating Central American Refugees: Repeating History In Response To Humanitarian Challenges, Bill Ong Hing

Hastings Race and Poverty Law Journal

In the 1980s, tens of thousands of Central Americans fled to the United States seeking refuge from civil unrest that ravaged their countries. In a largely geopolitical response, the Reagan administration labeled those fleeing Guatemala and El Salvador as “economic migrants,” detained them, and largely denied their asylum claims. The illegal discrimination against these refugees was exposed in a series of lawsuits and through congressional investigations. This led to the reconsideration of thousands of cases, the enlistment of a corps of asylum officers, and an agreement on the conditions under which migrant children could be detained.

Unfortunately, the lessons of ...


Teaching Professional Responsibility Through Theater, Michael Millemann, Elliott Rauh, Robert Bowie Jr. Jul 2020

Teaching Professional Responsibility Through Theater, Michael Millemann, Elliott Rauh, Robert Bowie Jr.

Hastings Race and Poverty Law Journal

This article is about ethics-focused, law school courses, co-taught with a theater director, in which students wrote, produced and performed in plays. The plays were about four men who, separately, were wrongfully convicted, spent decades in prison, and finally were released and exonerated, formally (two) or informally (two).

The common themes in these miscarriages of justice were that 1) unethical conduct of prosecutors (especially failures to disclose exculpatory evidence) and of defense counsel (especially incompetent representation) undermined the Rule of Law and produced wrongful convictions, and 2) conversely, that the ethical conduct of post-conviction lawyers and law students helped to ...


Muslims And Islam In U.S. Public Schools: Cases, Controversies And Curricula, Engy Abdelkader Jul 2020

Muslims And Islam In U.S. Public Schools: Cases, Controversies And Curricula, Engy Abdelkader

Hastings Race and Poverty Law Journal

In recent years, controversies surrounding curriculum and instruction about Muslims and Islam in U.S. public schools have become more common. In some instances, Muslim American parents and students have challenged representations that spread and reinforce denigrating stereotypes and misconceptions about their faith and co-religionists. In a seemingly growing trend, however, some non-Muslim students and parents are objecting to courses and programs due to perceived favorable or neutral treatment of the Islamic faith. Such cases, controversies and curricula illustrate how popular anxieties surrounding the integration of immigrant populations, particularly Muslims, are increasingly infecting classrooms, school districts and communities. They also ...


Law, Race, And The Epistemology Of Ignorance, George A. MartíNez Jul 2020

Law, Race, And The Epistemology Of Ignorance, George A. MartíNez

Hastings Race and Poverty Law Journal

Philosophers and other theorists have developed the field of epistemology which is the study of human knowledge. Critical race theorists have begun to explore how epistemological theory and insights may illuminate the study of race, including the analysis of race and the law. Such use of epistemology is appropriate because theoretical work on knowledge can be used to advance one of the key goals of critical race theory which is to understand how a regime of white supremacy and its subordination of people of color have been created and maintained in America. In this regard, philosophers and other theorists have ...


Korean Americans, The Protestant Christian Church, And The Future Of Asian American Lgbtq Rights, Josiah Pak Jul 2020

Korean Americans, The Protestant Christian Church, And The Future Of Asian American Lgbtq Rights, Josiah Pak

Hastings Race and Poverty Law Journal

This paper focuses on the Korean American Protestant Christian church and their past, present, and future support for LGBTQ rights. It explores both first-generation Korean American immigrants and their children, native-born second-generation Korean Americans. Specifically, it recounts the process of emigration for many first-generation Korean American immigrants and how it carried over the conservative, traditionalist, and religious frameworks that contribute to stonewalling future LGBTQ equality rights. Additionally, this paper addresses second- generation Korean Americans swinging between ideologies and social underpinnings of the older generation and a new “American” identity. By recounting Korean immigration to the United States, the role of ...


Secure The Smartphone, Secure The Future: Biometrics, Boyd, A Warrant Denial And The Fourth And Fifth Amendments, Aaron Chase Jul 2020

Secure The Smartphone, Secure The Future: Biometrics, Boyd, A Warrant Denial And The Fourth And Fifth Amendments, Aaron Chase

Hastings Race and Poverty Law Journal

The growing use of biometric technology—fingerprints, facial recognition and beyond—for data safekeeping—particularly for smart phones, personal computers, and identification—has raised a number of questions for Constitutional scholars. What Constitutional protections, if any, does biometric information have? Does biometric information require a warrant for law enforcement officers to compel its production? Would compelling production of a biometric password effectively force defendants to testify against themselves? Should the growing use of biometric information, by both private third parties and law enforcement, lead courts to reexamine prior precedents regarding privacy interests in personal technology and personal physical characteristics? This ...


Building Social And Human Capital In The Black Community By Increasing Strategic Relationships, Cooperative Economics, The Black Marriage Rate, And The Level Of Educational Attainment And Targeted Occupational Training, W. Sherman Rogers Jul 2020

Building Social And Human Capital In The Black Community By Increasing Strategic Relationships, Cooperative Economics, The Black Marriage Rate, And The Level Of Educational Attainment And Targeted Occupational Training, W. Sherman Rogers

Hastings Race and Poverty Law Journal

This is a multi-disciplinary article that focuses on the power of strategic relationships and cooperative economics in strengthening the human and social capital of the black1 community. It involves studies emanating primarily from the fields of law, economics, history, political science, and sociology. The recommendations set-forth in this article, however, are relevant to all people in America. The central thesis that underlies the entirety of this article can be found in the simple exhortation of the African Proverb—“If you want to go fast, go alone. If you want to go far, go together .”

African Americans can significantly expand the ...


Masthead Jan 2020

Masthead

Hastings Race and Poverty Law Journal

No abstract provided.


Editor In Chief: Foreword, Virginia Millacci Jan 2020

Editor In Chief: Foreword, Virginia Millacci

Hastings Race and Poverty Law Journal

No abstract provided.


The Company Store And The Literally Captive Market: Consumer Law In Prisons And Jails, Stephen Raher Jan 2020

The Company Store And The Literally Captive Market: Consumer Law In Prisons And Jails, Stephen Raher

Hastings Race and Poverty Law Journal

The growth of public expense associated with mass incarceration has led many carceral systems to push certain costs onto the people who are under correctional supervision. In the case of prisons and jails, this frequently takes the form of charges and fees associated with telecommunications, food, basic supplies, and access to information. Operation of these fee-based businesses (referred to here as “prison retail”) is typically outsourced to a private firm. In recent years, the dominant prison retail companies have consolidated into a handful of companies, mostly owned by private equity firms.

This paper explores the practices of prison retailers, and ...


And When Does The Black Church Get Political?: Responding In The Era Of Trump And Making The Black Church Great Again, Jonathan C. Augustine Jan 2020

And When Does The Black Church Get Political?: Responding In The Era Of Trump And Making The Black Church Great Again, Jonathan C. Augustine

Hastings Race and Poverty Law Journal

The November 2018 midterm elections engaged more voters than any midterm election since World War I. Moreover, from a Black Church perspective, the midterm elections arguably engaged more constituent members in secular politics than any time since the Civil Rights Movement and the historic passage of the Voting Rights Act of 1965. If the axiom is true that, “For every action there is a reaction,” the series of actions that have been part of Donald J. Trump’s “Make America Great Again” narrative have been met with a reaction that is “Making the Black Church Great Again!”

This interdisciplinary Article ...


Transgender Rights: Shifting Strategies In A Changing Nation, Alex Binsfeld Jan 2020

Transgender Rights: Shifting Strategies In A Changing Nation, Alex Binsfeld

Hastings Race and Poverty Law Journal

Transgender rights have only come to the forefront of public consciousness and US jurisprudence in the past couple of decades. During this time, the transgender rights movement has made large strides and was rapidly working toward the enshrinement of federal non-discrimination protections for the transgender community. However, recent political changes in the US have led to a federal effort to undo the decades of progress that transgender activists have made in advocating for the recognition of their rights.1 As a result of this changing political climate, the strategies used by transgender rights advocates must change if the movement is ...


In West Philadelphia Born And Raised Or Moving To Bel-Air? Racial Steering As A Consequence Of Using Race Data On Real Estate Websites, Nadiyah J. Humber Jan 2020

In West Philadelphia Born And Raised Or Moving To Bel-Air? Racial Steering As A Consequence Of Using Race Data On Real Estate Websites, Nadiyah J. Humber

Hastings Race and Poverty Law Journal

Current fair housing laws are not entirely equipped to deal with issues of housing discrimination on the internet, particularly the practice of racial steering, where a homebuyer is directed away from certain communities based on racial demographics. Courts interpret these kind of steering claims as requiring a showing of discriminatory intent, yet the way people search for and buy homes online have changed how steering manifests in real estate transactions. Contemporary practices do not fit neatly within the current legal framework, which is why we must revolutionize the way we think about housing law.

This article examines real estate websites ...


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.


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.


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 ...


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 Jul 2019

Masthead

Hastings Race and Poverty Law Journal

No abstract provided.


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.


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.


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.


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.


Masthead Jan 2019

Masthead

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.


“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.