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The Problem Of Blackness In America: Becoming When The Being Never Comes To Be, Nkiru Anyaegbunam 2022 The Graduate Center, City University of New York

The Problem Of Blackness In America: Becoming When The Being Never Comes To Be, Nkiru Anyaegbunam

Dissertations, Theses, and Capstone Projects

The problem of Blackness in America is a consequence of the historical reality and continued legacies of colonialism, the triangular trade and chattel slavery that have been facilitated through violence and capitalism. This thesis will argue that this problem that is pronounced through racialized institutional systems of violence such as mass incarceration and housing inequality, which disproportionately negatively impacts Black Americans is part of a larger discourse on the human and (mis)recognition. This violence has created a quintessential incompleteness for Black Americans who neither are recognized as citizens nor human. The problem of Blackness will be continuously grounded in ...


Everything Is Bigger In Texas: Including The Horrendously Inadequate Attempts At Providing Special Education And Related Services To All Children With Disabilities, Alexandria R. Booterbaugh 2022 St. Mary's University School of Law

Everything Is Bigger In Texas: Including The Horrendously Inadequate Attempts At Providing Special Education And Related Services To All Children With Disabilities, Alexandria R. Booterbaugh

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

Without immediate action, the “corrections” made by the Texas legislature to meet the appropriateness requirement for special education will result in imminent peril for students with an autism spectrum disorder (ASD) as well as their parents. Tens of thousands of children fall between the cracks as a result of Texas’ illegalities and the lack of responsibility Texas’ lawmakers and Texas Education Agency (TEA) have for special education. If Texas does not fully devote itself to a significant overhaul of its special education practices, students will continue to be left behind.

Congress enacted the Individuals with Disabilities Education Act (IDEA) because ...


The Question Of The Purpose Of Anti-Miscegenation Laws, Tyler Dean 2022 Mississippi University for Women

The Question Of The Purpose Of Anti-Miscegenation Laws, Tyler Dean

Merge

Using The Hairstons: An American Family in Black and White, along with additional scholarly research and legal documentation for context, explores the ramifications and reasonings behind the creation and enforcement of anti-miscegenation laws. The primary individuals focused on suggest that anti-miscegenation laws were enacted for reasons outside of marriage's status as a union between two individuals. Social status, property inheritance, and even voting rights were denied to African Americans via the vehicle of anti-miscegenation laws. Just as other antebellum laws served to advance the agendas of the time, anti-miscegenation laws were no different. And the specific stories elaborated on ...


Justice For All: Examining Bostock V. Clayton County’S Impact On Louisiana Employment Discrimination Law, Lane Simon 2022 Louisiana State University Law Center

Justice For All: Examining Bostock V. Clayton County’S Impact On Louisiana Employment Discrimination Law, Lane Simon

LSU Journal for Social Justice & Policy

No abstract provided.


Louisiana’S Criminal Defense Dilemma: Working Toward A Disaster Resistant Future, Tyler Duffy 2022 Louisiana State University Law Center

Louisiana’S Criminal Defense Dilemma: Working Toward A Disaster Resistant Future, Tyler Duffy

LSU Journal for Social Justice & Policy

No abstract provided.


Voting Able: Accessible In-Person Voting For Persons With Disabilities, Keiara T. B. Fort 2022 Louisiana State University Law Center

Voting Able: Accessible In-Person Voting For Persons With Disabilities, Keiara T. B. Fort

LSU Journal for Social Justice & Policy

No abstract provided.


Faculty, 2022 Louisiana State University Law Center

Faculty

LSU Journal for Social Justice & Policy

No abstract provided.


Masthead, 2022 Louisiana State University Law Center

Masthead

LSU Journal for Social Justice & Policy

No abstract provided.


Table Of Contents, 2022 Louisiana State University Law Center

Table Of Contents

LSU Journal for Social Justice & Policy

No abstract provided.


Cover, 2022 Louisiana State University Law Center

Cover

LSU Journal for Social Justice & Policy

No abstract provided.


Front Matter And Table Of Contents, 2022 University of Miami Law School

Front Matter And Table Of Contents

University of Miami Race & Social Justice Law Review

No abstract provided.


The Influence Of Civil Rights And Anti-Discrimination Laws On Shaping Our Transportation System, Marc Brenman, Thomas W. Sanchez 2022 IDARE LLC

The Influence Of Civil Rights And Anti-Discrimination Laws On Shaping Our Transportation System, Marc Brenman, Thomas W. Sanchez

Journal of Comparative Urban Law and Policy

Regarding the title of this paper, “The Influence of Civil Rights and Anti-Discrimination Laws on Shaping Our Transportation System”, the reverse is also true—the transportation system has helped shape the civil rights laws in the U.S. The way bus lines in the South used to be segregated is one example, and fighting this helped shape the modern Civil Rights Movement. This influence goes back to include famous cases involving segregated train cars in the 1880s. In this article, we address the numerous ways in which civil rights and anti-discrimination laws shape our transportation system. We offer a suite ...


The Meaning And Malleableness Of Liberty From 1897-1945, Quentin E. Smith 2022 Purdue University

The Meaning And Malleableness Of Liberty From 1897-1945, Quentin E. Smith

The Purdue Historian

This paper covers how the substance and meaning of liberty changed during the ending years of the Gilded Age (1870-1900) through the beginning ages of the Civil Rights Movement (1954-1968). Economic liberty took shape in the cases Allegeyer v. Louisiana (1897) and Lochner v. New York (1905). Civil liberties would take several more years to come into the Supreme Court’s jurisdiction. The case Gitlow v. New York (1925) began the establishment of incorporation of the Bill of Rights to the states, otherwise known as our fundamental liberties (note: The Supreme Court used selective incorporation, however). In the case U ...


"The Special Favorite Of The Laws"? Black Lives Matter Moments In American Constitutional And Legal History, Dr. Yohuru Williams 2022 University of St. Thomas, Minnesota

"The Special Favorite Of The Laws"? Black Lives Matter Moments In American Constitutional And Legal History, Dr. Yohuru Williams

University of St. Thomas Law Journal

No abstract provided.


Equal Protection And Scarce Therapies: The Role Of Race, Sex, And Other Protected Classifications, Govind Persad 2022 University of Denver College of Law

Equal Protection And Scarce Therapies: The Role Of Race, Sex, And Other Protected Classifications, Govind Persad

SMU Law Review Forum

The allocation of scarce medical treatments, such as antivirals and antibody therapies for COVID-19 patients, has important legal dimensions. This Essay examines a currently debated issue: how will courts view the consideration of characteristics shielded by equal protection law, such as race, sex, age, health, and even vaccination status, in allocation? Part II explains the application of strict scrutiny to allocation criteria that consider individual race, which have been recently debated, and concludes that such criteria are unlikely to succeed under present Supreme Court precedent. Part III analyzes the use of sex-based therapy allocation criteria, which are also in current ...


Unequal Treatment: An Exploration Of Immigrant-Related Factors And Likelihood Of Discrimination In The United States, Sophia Woods 2022 University of Arkansas, Fayetteville

Unequal Treatment: An Exploration Of Immigrant-Related Factors And Likelihood Of Discrimination In The United States, Sophia Woods

Sociology and Criminology Undergraduate Honors Theses

Despite the rapid and considerable growth of the Latino population in the United States, the continual xenophobic rhetoric surrounding Latino immigration along with the nativist public policies set in place have led to higher rates of discrimination. Latino immigrant discrimination has shown to have consequences on mental health, social isolation, physical health, and trust of law enforcement. Using data from the Pew Research Center, I explored the specific factors associated with Latino immigrants that increase the likelihood of experiencing discrimination in the United States. In line with much of the prior literature, age, ethnic identity, English proficiency, Mexican origin, fear ...


Good For The Goose But Not For The Gander: Biden’S Promise To Appoint A Black Female To The Supreme Court And Title Vii Principles, Michael Conklin 2022 Angelo State University

Good For The Goose But Not For The Gander: Biden’S Promise To Appoint A Black Female To The Supreme Court And Title Vii Principles, Michael Conklin

Texas A&M Law Review

The 2022 retirement of Justice Stephen Breyer and President Joe Biden’s promise to exclude all non-Black females from consideration for his replacement has sparked controversy. Some have praised the decision as essential to ensuring diversity on the Court and point out that there are more than enough qualified Black women to select from. And some believe the decision will result in corporate leaders making similar calls for equity in their own companies. Others have criticized the decision, expressing a belief that discriminating on the basis of race and gender is “not a great start in selecting someone sworn to ...


Equitable Vaccine Access Within An Age-Based Framework, Alan B. Cobo-Lewis 2022 University of Maine

Equitable Vaccine Access Within An Age-Based Framework, Alan B. Cobo-Lewis

Developmental Disabilities Network Journal

Objectives: When vaccine supply was limited, several states adopted age-based prioritization for Covid-19 vaccine eligibility because it is simple (especially when age is quantized by decade) and age is strongly associated with Covid-19 mortality. But this approach raises equity concerns based in law and ethics. I propose data-driven solutions for equitable policy within an age-based framework. Methods: Using CDC and Census Bureau data, I analyzed 538,627 U.S. Covid-19 deaths by age and race-ethnicity through February 2021 and compared the risk ratios to published data on risk ratios for other conditions. Results: Covid-19 mortality rose 2.56-fold per decade ...


Amendment 4: A Movement To Reduce Ex-Felon Disenfranchisement In Florida, Hunter L. Harding 2022 Grand Valley State University

Amendment 4: A Movement To Reduce Ex-Felon Disenfranchisement In Florida, Hunter L. Harding

Masters Theses

The paper explores the foundations of Felon Disenfranchisement in the State of Florida and how the United States Constitution allowed for individual states to implement disenfranchisement measures. The historical foundations are necessary for understanding the implications of felon disenfranchisement and its disproportionate outcomes on minority communities. With previous attempts to change policy regarding the restoration of civil rights for those disenfranchised, a different approach was needed to solve the plagued restoration process in the State of Florida. Florida Rights Restoration Coalition, a group led by ex-felons, fostered the movement to create the ballot initiative of Amendment 4 in the 2018 ...


Importing Indian Intolerance: How Title Vii Can Prevent Caste Discrimination In The American Workplace, Brett Whitley 2022 University of Arkansas, Fayetteville

Importing Indian Intolerance: How Title Vii Can Prevent Caste Discrimination In The American Workplace, Brett Whitley

Arkansas Law Review

"If Hindus migrate to other regions on [E]arth, [Indian] Caste would become a world problem." - Dr. B.R. Ambedkar (1916) Imagine it is the year 2020. You are one of the more than 160 million people across India that are labeled as Dalits, formerly known as the “Untouchables." Most Hindus view Dalits as belonging to the lowest rung in the ancient system of social stratification that impacts individuals across the globe called the caste system. Your people have endured human rights abuses for centuries, but luckily, neither you nor a loved one have ever been the victim of one ...


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