Vanderbilt University Law School
Touro Law Center
University of British Columbia and Canadian Institute for Advanced Research
University of Maryland Francis King Carey School of Law
University of Florida Levin College of Law
University of Nevada, Las Vegas -- William S. Boyd School of Law
Cornell Law School
Liberty University
James Oakes's Treatment Of The First Confiscation Act In Freedom National: The Destruction Of Slavery In The United States, 1861-1865,
2023
American University Washington College of Law
James Oakes's Treatment Of The First Confiscation Act In Freedom National: The Destruction Of Slavery In The United States, 1861-1865, Angi Porter
Articles in Law Reviews & Other Academic Journals
In his work, Freedom National: The Destruction of Slavery in the United States, 1861-1865, James Oakes provides an overview of several Civil War era legal instruments regarding enslavement in the United States. One of the statutes he examines is An Act to Confiscate Property Used for Insurrectionary Purposes, passed by the Thirty Seventh Congress in August, 1861. This law, popularly known as the First Confiscation Act (FCA), is one of the several "Confiscation Acts" that contributed to the weakening of legal enslavement during the War. Fortunately, scholars have contextualized and deemphasized President Lincoln's role as the "Great Emancipator" by examining …
The Gross Injustices Of Capital Punishment: A Torturous Practice And Justice Thurgood Marshall’S Astute Appraisal Of The Death Penalty’S Cruelty, Discriminatory Use, And Unconstitutionality,
2023
University of Baltimore School of Law
The Gross Injustices Of Capital Punishment: A Torturous Practice And Justice Thurgood Marshall’S Astute Appraisal Of The Death Penalty’S Cruelty, Discriminatory Use, And Unconstitutionality, John D. Bessler
Washington and Lee Journal of Civil Rights and Social Justice
Through the centuries, capital punishment and torture have been used by monarchs, authoritarian regimes, and judicial systems around the world. Although torture is now expressly outlawed by international law, capital punishment—questioned by Quakers in the seventeenth century and by the Italian philosopher Cesare Beccaria and many others in the following century—has been authorized over time by various legislative bodies, including in the United States. It was Beccaria’s book, Dei delitti e delle pene (1764), translated into French and then into English as An Essay on Crimes and Punishments (1767), that fueled the still-ongoing international movement to outlaw the death penalty. …
Shooting To Minimize Gender Discrimination As An Unintended Consequence Of Title Ix,
2023
Penn State Dickinson Law
Shooting To Minimize Gender Discrimination As An Unintended Consequence Of Title Ix, Alexa Potts
Dickinson Law Review (2017-Present)
Title IX is a federal law prohibiting sex-based discrimination in any education program or activity that receives federal funding. Congress initially passed Title IX out of concern for sexbased equality in academia. However, Title IX has had significant impacts on athletics, resulting in increased athletic opportunities for females. To be Title IX compliant, institutions must provide equality in athletic participation for both sexes. The Office of Civil Rights provided a three-part test to measure equality in athletic participation. Institutions must satisfy at least one of the three prongs to meet Title IX requirements as they pertain to equality in athletic …
Policy’S Place In Pedestrian Infrastructure,
2023
Penn State Dickinson Law
Policy’S Place In Pedestrian Infrastructure, Michael L. Smith
Dickinson Law Review (2017-Present)
Angie Schmitt’s Right of Way: Race, Class, and the Silent Epidemic of Pedestrian Deaths in America delves into the complex, multi-layered phenomenon of how traffic infrastructure and policies systematically disadvantage pedestrians and contribute to thousands of deaths and injuries each year. Despite the breadth of the problem and its often-technical aspects, Schmitt presents the problem in an engaging and approachable manner through a step-by-step analysis combining background, statistics, and anecdotes. While Right of Way tends to focus on infrastructure design, it offers much for legal scholars, lawyers, and policymakers. Schmitt addresses several policy issues at length in the book. But …
Table Of Contents,
2023
Washington and Lee University School of Law
Table Of Contents
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Editor's Note,
2023
Washington and Lee University School of Law
Editor's Note, Peyton Holahan
Washington and Lee Journal of Civil Rights and Social Justice
To commemorate the accomplishment of abolition and to look back at Virginia’s long and complicated history with the death penalty, the Journal of Civil Rights and Social Justice’s 2021–2022 Symposium titled Revoking Irrevocable Punishment centered around Virginia’s long, complex, and sorrowful path toward abolition. From February 10 to February 11 of 2021, the Journal organized and moderated seven panels that addressed various components of the death penalty discourse in Virginia, past and present.
The Court And Capital Punishment On Different Paths: Abolition In Waiting,
2023
Harvard Law School
The Court And Capital Punishment On Different Paths: Abolition In Waiting, Carol S. Steiker, Jordan M. Steiker
Washington and Lee Journal of Civil Rights and Social Justice
The American death penalty finds itself in an unusual position. On the ground, the practice is weaker than at any other time in our history. Eleven jurisdictions have abandoned the death penalty over the past fifteen years, almost doubling the number of states without the punishment (twenty-three). Executions have declined substantially, totaling twenty-five or fewer a year nationwide for the past six years, compared to an average of seventy-seven a year during the six-year span around the millennium (1997-2002). Most tellingly, death sentences have fallen off a cliff, with fewer the fifty death sentences a year nationwide over the past …
Severe Mental Illness And The Death Penalty: A Menu Of Legislative Options,
2023
rbonnie@virginia.edu
Severe Mental Illness And The Death Penalty: A Menu Of Legislative Options, Richard J. Bonnie
Washington and Lee Journal of Civil Rights and Social Justice
In 2003, the American Bar Association established a Task Force on Mental Disability and the Death Penalty to further specify and implement the Supreme Court’s ruling banning execution of persons with intellectual disability and to consider an analogous ban against imposing the death penalty on defendants with severe mental disorders. The Task Force established formal links with the American Psychological Association, the American Psychiatric Association, and the National Alliance on Mental Illness and the final report was approved by the ABA and the participating organizations in 2005 and 2006. This brief article focuses primarily on diminished responsibility at the time …
Does The Death Penalty Still Matter: Reflections Of A Death Row Lawyer,
2023
Washington and Lee University School of Law
Does The Death Penalty Still Matter: Reflections Of A Death Row Lawyer, David I. Bruck
Washington and Lee Journal of Civil Rights and Social Justice
This talk was given by Professor David Bruck for the Frances Lewis Law Center at Washington and Lee University School of Law, April, 2002. It is a follow-up to “Does the Death Penalty Matter?,” given by Professor Bruck as the 1990 Ralph E. Shikes Lecture at Harvard Law School.
Elderly Or Disabled Registered Sex Offenders: Are They Experiencing Cruel And Unusual Punishment Under Ohio Sex Offender Classification And Registration Laws?,
2023
University of Cincinnati College of Law
Elderly Or Disabled Registered Sex Offenders: Are They Experiencing Cruel And Unusual Punishment Under Ohio Sex Offender Classification And Registration Laws?, Susana Tolentino
University of Cincinnati Law Review
No abstract provided.
A Vision Of The Anti-Racist Public Corporation,
2023
University of Cincinnati College of Law
A Vision Of The Anti-Racist Public Corporation, Steven A. Ramirez
University of Cincinnati Law Review
No abstract provided.
Brief Of Amici Curiae Fred T. Korematsu Center For Law And Equality, Teamchild, And Washington Association Of Criminal Defense Lawyers In Support Of Petitioner,
2023
Seattle University School of Law
Brief Of Amici Curiae Fred T. Korematsu Center For Law And Equality, Teamchild, And Washington Association Of Criminal Defense Lawyers In Support Of Petitioner, Jessica Levin, Melissa R. Lee, Robert S. Chang, Fred T. Korematsu Center For Law And Equality, Teamchild, Washington Association Of Criminal Defense Lawyers
Fred T. Korematsu Center for Law and Equality
In re the Personal Restraint of Keonte Smith, Petitioner.
A Road To Resolution For Federal Whistleblowers' Mixed Case Claims,
2023
West Virginia University College of Law
A Road To Resolution For Federal Whistleblowers' Mixed Case Claims, Devin Redding
West Virginia Law Review
Since the birth of the United States, whistleblowers have held our nation’s government accountable for illegal, fraudulent, and harmful behavior. The triumphs and failures of whistleblowers are deeply entwined with our nation’s struggle for independence, civil rights, and economic freedom. Nevertheless, employees who bravely expose misdeeds at all levels of our federal government are often bullied and discriminated against on the basis of sex, gender, age, disability, and more. In recent decades, and despite improved whistleblower protections, federal whistleblowers increasingly suffer from adverse employment actions and discrimination as reprisal for their disclosures. Employees looking toward our administrative law systems and …
An Employment Discrimination Class Action By Any Other Name,
2023
South Texas College of Law Houston
An Employment Discrimination Class Action By Any Other Name, Ryan H. Nelson
Fordham Law Review
In a few years, four out of every five nonunion workers in America will have been forced by their employers to sign an individual arbitration agreement as a condition of employment. This new reality, coupled with the U.S. Supreme Court’s fealty to compelled arbitration and cramped reading of Rule 23 of the Federal Rules of Civil Procedure (“Rule 23”), has killed the employment discrimination class action. But that does not imply the death of collective redress for workers suffering from discrimination. In that spirit, this Article engages in two analyses to keep equal employment opportunity alive at scale.
First, it …
The Reality Of Materiality: Why A Heightened Adversity Standard Has No Place In Title Vii Discrimination Claims,
2023
Fordham University School of Law
The Reality Of Materiality: Why A Heightened Adversity Standard Has No Place In Title Vii Discrimination Claims, Abigail Mccabe
Fordham Law Review
Title VII of the Civil Rights Act of 1964 forbids discrimination in the workplace. Except, according to certain lower courts’ limiting interpretations, for when it does not. Circuit courts have spent decades imposing an extratextual materiality requirement onto Title VII in contravention of its broad remedial purpose. Accordingly, countless victims of discrimination are unable to seek recourse because their alleged harm was purportedly too insignificant to constitute actionable discrimination under Title VII. This materiality requirement not only presents an additional substantive hurdle for plaintiffs, but also leads to inconsistency and unpredictability, as each circuit fumbles to define what conduct is …
Shielded Book Launch,
2023
Yeshiva University, Cardozo School of Law
Shielded Book Launch, Cardozo Center For Rights And Justice
Event Invitations 2023
Professor Alexander Reinert, Director of the Center for Rights and Justice, will moderate a discussion on Shielded: How the Police Became Untouchable. He will be joined by the author, Joanna Schwartz, Professor of Law at the University of California, Los Angeles. Schwartz is one of the country's leading scholars on policing.
In Shielded, Schwartz explores how the legal system protects the police from being held accountable, with insightful analyses about subjects ranging from qualified immunity to no-knock warrants. By weaving true stories of people seeking restitution for violated rights, cutting across race, gender, criminal history, tax bracket, and …
In The Shadow Of Supply Chains: The Eu Draft Due Diligence Directive, Corporate Enslavement, And The Case For The Inclusion Of Corporate Reparations,
2023
DePaul University
In The Shadow Of Supply Chains: The Eu Draft Due Diligence Directive, Corporate Enslavement, And The Case For The Inclusion Of Corporate Reparations, Simone Haines
DePaul Journal for Social Justice
No abstract provided.
Illinois: A State-Of-The-Art Model For State Immigration Rulemaking,
2023
DePaul University
Illinois: A State-Of-The-Art Model For State Immigration Rulemaking, Camilla Mroczkowski
DePaul Journal for Social Justice
No abstract provided.
Outdated, Archaic, And Stereotypical: Current Medicaid Income And Asset Limits Discriminate Against Working Individuals With Disabilities,
2023
DePaul University
Outdated, Archaic, And Stereotypical: Current Medicaid Income And Asset Limits Discriminate Against Working Individuals With Disabilities, Megan Parker
DePaul Journal for Social Justice
No abstract provided.
Letter To The Readers,
2023
DePaul University
Letter To The Readers, Brita Jelen, Kaylee De Tender
DePaul Journal for Social Justice
No abstract provided.
