Civil Rights and Discrimination Commons^™

􏰀Enough􏰁S Enough􏰂: Protest Law And The Tradition Of Chilling Indigenous Free Speech, Alix H. Bruce

American Indian Law Journal

Indigenous peoples in the United States were not granted the full scope of their rights as citizens under the Constitution until the enactment of the Indian Citizenship Act of 1924. Before that—and after—several state and federal campaigns worked to stifle the civil rights of Indigenous peoples. Many of those unjust and unconstitutional policies were upheld by the Supreme Court. In the current era, the anti-pipeline protests on the edge of the Standing Rock Sioux Reservation in North Dakota sparked a new recognition of Indigenous resistance under the First Amendment—and vicious state and federal backlash against Indigenous free speech via the …

Voter, Jefferson S. Arak

Capstones

Ron Pierce, on parole in New Jersey, fights for a state bill that would re-enfranchise himself and 100,000 other New Jerseyans with criminal convictions.

Taught at a young age that voting is a duty to one's community, Ron works tirelessly to make sure that the fundamental right to vote does not leave New Jersey's neediest without a voice.

Meanwhile, state lawmakers may need to compromise their efforts to restore the right to vote in the face of political opposition.

Case Law On American Indians August 2018-2019, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.

Finding Justice, Hannah Miller

Capstones

Finding Justice tackles the devastation caused by wrongful conviction through the journey of Jeffrey Deskovic. After serving 16 years in prison for a murder he didn’t commit, Deskovic has strived to rebuild his life. The film follows him as he finishes law school and runs a foundation that frees the wrongfully convicted, all while dealing with lingering trauma.

Who Ya Gonna Call? An Analysis Of Paradigm Shifts And Social Harms As A Result Of Hyper-Viral Police Violence, Ariana H. Aboulafia

University of Miami Race & Social Justice Law Review

No abstract provided.

Front Matter And Table Of Contents

University of Miami Race & Social Justice Law Review

No abstract provided.

John Hervey Wheeler, Black Banking, And The Economic Struggle For Civil Rights, Brandon K. Winford

Civil Rights

WINNER OF THE LILLIAN SMITH BOOK AWARD

John Hervey Wheeler (1908–1978) was one of the civil rights movement's most influential leaders. In articulating a bold vision of regional prosperity grounded in full citizenship and economic power for African Americans, this banker, lawyer, and visionary would play a key role in the fight for racial and economic equality throughout North Carolina.

Utilizing previously unexamined sources from the John Hervey Wheeler Collection at the Atlanta University Center Robert W. Woodruff Library, this biography explores the black freedom struggle through the life of North Carolina's most influential black power broker. After graduating from …

Let Locked-Up People Vote: Prisoners Are Still Citizens And Should Be Able To Exert Their Civic Rights, Rachel Landy

Online Publications

The Constitution does not guarantee all citizens the right to vote. Rather, the right to vote is implied through a patchwork of amendments that restrict how voting rights may be limited. For example, the 15th Amendment reads “[t]he right of citizens of the United States to vote shall not be denied or abridged...on account of race, color, or previous condition of servitude.” Subsequent amendments added gender, failure to pay poll taxes, literacy, and age over 18 to the list of characteristics for which denying the right to vote may not be based.

The Taxation Without Representation Of Undocumented Immigrants: Counting Unlawfully Earned Tax Dollars While Intentionally Ignoring Unlawful Presence, María Fernanda Alfaro

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

Federal law mandates that wage earning undocumented immigrants pay taxes. Like all U.S. citizens and legal permanent residents, undocumented immigrants are not exempt from tax obligations solely because of their immigration status in the country. It seems like federal immigration laws are punishing undocumented immigrants for their unlawful presence in the United States, while federal tax laws praise and encourage their continued tax reporting. The Supreme Court’s opinion in Department of Commerce v. New York effectively ended the attempt to get a citizenship question on the 2020 Census, but it by no means closed the door on future attempts. Even …

Dignity Takings In Leviathanic Immigration Proceedings, Christopher Mendez

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

Current immigration law in the United States is rife with racially motivated biases necessitating immediate correction. Among the many problems with current law, constitutional rights are withheld from a large populace. This article reflects upon the history of immigration law in the United States, noting key decisions which have formed the status quo. This article also proposes remedies such as the cessation of infringement by government agents on the property rights that affected immigrants have on their own bodies and a modern-day amnesty reflective of the Immigration Reform and Control Act of 1986. This article also introduces Bernadette Atuahene’s concept …

Law School News: Broadening The Perspective 12/04/2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Day Worker Center: Employer And Client Engagement, Anayeli Avalos

Capstone Projects and Master's Theses

The Day Worker Center of Santa Cruz County is a component of the Community Action Board (CAB), a non-profit organization that has been providing services to eliminate poverty. CAB offers the program, administrative, and fiscal oversight to the Day Worker Center. The County of Santa Cruz is facing a high rate of unemployment, which is affecting the community. What contributes to the problem is low awareness of community knowledge about employment services. Also, the undocumented community that finds it hard to trust services because they think they can get deported. In addition, the issue can cause consequences such as health …

The Difference Narrows: A Reply To Kurt Lash, Randy E. Barnett, Evan D. Bernick

Notre Dame Law Review

We thank the Notre Dame Law Review for allowing us to respond to Kurt Lash’s reply to our critique of his interpretation of the Privileges or Immunities Clause. We could forgive readers for having difficulty adjudicating this dispute. When Lash argues, evidence always comes pouring forth, and the sheer volume can overwhelm the senses. We sometimes have a hard time following his arguments, and we are experts in the field. We can only imagine how it seems to those who are otherwise unfamiliar with this terrain.

So, in this reply—with a few exceptions—we will avoid piling up any new evidence …

Racial Prejudice In The Criminal Justice System, Tori Cooper

Jessie O'Kelly Freshman Essay Award

Racial prejudice against African Americans has been the leading cause of high incarceration rates amongst the African American community. Within the United States, the census reported that African Americans make up about 17.9 percent of the population, with one-third of the people making up the incarcerated population in America. The disparity in those numbers highlights the current situation that is plaguing the nation. Blatant cases of racial profiling that have received media attention are a true testament of the broken law enforcement system from coast to coast. Racial prejudice cases have affected the black American community since the beginning of …

“Disturbing Schools” Laws: Disturbing Due Process With Unconstitutionally Vague Limits On Student Behavior, Rachel Smith

Journal of Law and Policy

For over a century, the United States Supreme Court has held, in sum and substance, that students do not “shed their constitutional rights . . . at the schoolhouse gate.” In practice, however, while not shed entirely, many of those rights have been increasingly limited. “Disturbing Schools” Laws subject students to criminal charges for behaving in a distracting or obnoxious manner on campus—behavior which can easily be conceptualized as typical adolescent behavior. Challenges to Disturbing Schools Laws have resulted in opposing outcomes across Circuit Courts. This Note discusses how students may use the Fourth Circuit case Kenny v. Wilson to …

Narrowing The Trapdoor Of The Government Employee Rights Act, Henry Leaman

Notre Dame Law Review

We should revisit what protections are available to these state workers and push for reforms that further sexual equality. One way to do so is to decrease the size of Title VII’s trapdoor. This Note aims to fight sexual harassment in politics by advocating for a narrower understanding of the trapdoor, such that more plaintiffs are eligible to bring Title VII actions rather than Government Employee Rights Act of 1991 (GERA) actions. Specifically, this Note explains why the “personal staff” trapdoor should be narrowed and then provides a method for how to do so—by settling a circuit split on the …

The Privileges Or Immunities Clause, Abridged: A Critique Of Kurt Lash On The Fourteenth Amendment, Randy E. Barnett, Evan D. Bernick

Notre Dame Law Review

In earlier writings, both of us have expressed sympathy for the view that the Privileges or Immunities Clause affords absolute protection to unenumerated rights, such as those contained in the Civil Rights Act of 1866, and authorizes Congress to enact protective legislation. Neither of us, however, has engaged with Kurt Lash’s most recent and unique two-class interpretation of the original meaning of the Privileges or Immunities Clause in the depth that it deserves. Nor have we evaluated his recent efforts to demonstrate that the Fourteenth Amendment’s Due Process of Law Clause empowers the federal courts and Congress to protect unenumerated …

The Enumerated-Rights Reading Of The Privileges Or Immunities Clause: A Response To Barnett And Bernick, Kurt T. Lash

Notre Dame Law Review

In their new article, The Privileges or Immunities Clause, Abridged: A Critique of Kurt Lash on the Fourteenth Amendment, Randy Barnett and Evan Bernick insist that this historical evidence does not support the enumerated-rights reading. Instead, Barnett and Bernick embrace what I call the “fundamental-rights” reading of the Privileges or Immunities Clause. This view maintains that the Clause should be understood as protecting a set of absolute rights nowhere expressly enumerated in the text of the Constitution, for example the unenumerated economic right to contract or to pursue a trade.

Rather than agreeing with John Bingham, Barnett and Bernick …

Rediscovering Corfield V. Coryell, Gerard N. Magliocca

Notre Dame Law Review

This Article reveals new details about Corfield v. Coryell based on archival research. In 2017, the author found Justice Washington’s original notes on Corfield in the Chicago History Museum. The most important revelation about Corfield is that the Justice was initially inclined to hold that the state law his decision upheld was, in fact, unconstitutional under the Privileges and Immunities Clause. The notes also say that he saw Livingston v. Van Ingen as the leading precedent on the Privileges and Immunities Clause and backed Chancellor Kent’s view in that case that the Clause articulated a nondiscrimination rule for out-of-state citizens …

The Torch (December 2019), Crtp

Torch: The Civil Rights Team Project Newsletter

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