The Power To Destroy: Discriminatory Property Assessments And The Struggle For Tax Justice, 2013 Marquette University
The Power To Destroy: Discriminatory Property Assessments And The Struggle For Tax Justice, Andrew W. Kahrl
Studio for Law and Culture
High assessments on African American-owned land became a common, if often invisible, feature of Jim Crow governance. Discriminatory modes of property taxation served as a weapon of social control, an instrument of land speculation and redevelopment, and a vehicle for the unequal distribution of public services. This essay traces the strange career of the property tax from the period of Reconstruction to the age of Jim Crow, situating racial differentials in the assessment and collection of ad valorem taxes within the broader framework of white supremacist governance, and provides a case study of property tax discrimination in civil rights-era Mississippi. …
The Virtue Of Obscurity, 2013 University of Baltimore School of Law
The Virtue Of Obscurity, Colin Starger
All Faculty Scholarship
The critics have panned Justice Kennedy’s majority opinion in United States v. Windsor. Supporters and opponents of same-sex marriage have together bemoaned what may be called Kennedy’s “doctrinal obscurity” in Windsor. Doctrinal obscurity describes the opinion’s failure to justify striking down Section 3 of the Defense of Marriage Act (DOMA) using any discernable accepted test for substantive due process or equal protection. Specifically, Kennedy does not ask whether DOMA burdens a right “deeply rooted in this Nation’s history and tradition,” nor does he identify sexual orientation as a suspect or semi-suspect classification, nor does he subject DOMA to explicit rational …
Genetic Privacy & The Fourth Amendment: Unregulated Surreptitious Dna Harvesting, 2013 University of New Hampshire School of Law
Genetic Privacy & The Fourth Amendment: Unregulated Surreptitious Dna Harvesting, Albert E. Scherr
Georgia Law Review
Genetic privacy and police practices have come to the
fore in the criminal justice system. Case law and stories
in the media document that police are surreptitiously
harvesting the out-of-body DNA of putative suspects.
Some sources even indicate that surreptitious data
banking may also be in its infancy. Surreptitious
harvesting of out-of-body DNA by the police is currently
unregulated by the Fourth Amendment. The few courts
that have addressed the issue find that the police are free
to harvest DNA abandoned by a putative suspect in a
public place. Little in the nascent surreptitious harvesting
case law suggests that surreptitious …
'Baton Bullying': Understanding Multi-Aggressor Rotation In Anti-Harassment Cases, 2013 New York Law School
'Baton Bullying': Understanding Multi-Aggressor Rotation In Anti-Harassment Cases, Kris Franklin
Articles & Chapters
Schools are increasingly expected to intervene to prevent the sorts of bullying behavior that can interfere with education. If they do so inadequately, as a number of recent cases show, school districts may be held liable under Title IX for their “deliberate indifference” to harassment that effectively prevents the victim from receiving the benefits of public education. In popular imagination, “bullying” usually consists of one aggressor terrorizing one victim, sometimes with the assistance or tacit approval of other students. But least with respect to the many cases of students being targeted because they were, or were perceived to be, gay, …
Introduction: Trial By Jury Or Trial By Motion? Summary Judgment, Iqbal, And Employment Discrimination, 2013 New York Law School
Introduction: Trial By Jury Or Trial By Motion? Summary Judgment, Iqbal, And Employment Discrimination, Arthur S. Leonard
Articles & Chapters
No abstract provided.
Brief Amicus Curiae For The Honorable Congressman John Lewis In Support Of Respondents And Intervenor-Respondents, Shelby County V. Holder (No. 12-96), U.S. Supreme Court (January 2013) (With Deborah N. Archer, Tamara C. Belinfanti & Erika L. Wood)., New York Law School Racial Justice Project.
Racial Justice Project
No abstract provided.
Shelby V. Holder: Brief Of Professor Patricia A. Broussard And Famu College Of Law Students As Amici Curiae In Support Of Respondents, 2013 Florida A & M University College of Law
Shelby V. Holder: Brief Of Professor Patricia A. Broussard And Famu College Of Law Students As Amici Curiae In Support Of Respondents, Patricia A. Broussard, Sabrina Collins, Stacy Hane, Akunna Olumba
Amicus Briefs
Shelby County, Alabama v. Eric H. Holder, Jr., In the Supreme Court of the United States, Brief of Professor Patricia A. Broussard, Sabrina Collins, Stacy Hane, Akunna Olumba and Named Students and Organizations of Florida A & M University College of Law as Amici Curiae in Support of Respondents
Muscogee Constitutional Jurisprudence: Vhakv Em Pvtakv (The Carpet Under The Law), 2013 Mitchell Hamline School of Law
Muscogee Constitutional Jurisprudence: Vhakv Em Pvtakv (The Carpet Under The Law), Sarah Deer, Cecilia Knapp
Faculty Scholarship
In 1974, a group of Mvskoke citizens from Oklahoma sued the federal government in federal court. Hanging in the balance was the future of Mvskoke self-determination. The plaintiffs insisted that their 1867 Constitution remained in full effect, and that they still governed themselves pursuant to it. The United States argued that the constitution had been nullified by federal law passed in the early 1900s.
To find in favor of the plaintiffs, the court would have to rule that the United States had been ignoring the most basic civil rights of Mvskoke citizens and flouting the law for over seventy years. …
Review Of Stoltzfus, Pacifists In Chains: The Persecution Of Hutterites During The Great War, 2013 University of South Dakota
Review Of Stoltzfus, Pacifists In Chains: The Persecution Of Hutterites During The Great War, Carol A. Leibiger
Faculty Publications
No abstract provided.
Removing The Presumption Of Innocence: A Constitutional Analysis Of The Ogden Trece Gang Injunction, 2013 SJ Quinney College of Law, University of Utah
Removing The Presumption Of Innocence: A Constitutional Analysis Of The Ogden Trece Gang Injunction, Megan K. Baker
Utah OnLaw: The Utah Law Review Online Supplement
Gang activity poses a substantial problem in many communities. The city of Ogden, Utah, is home to many gangs, and law enforcement is constantly looking for a way to decrease gang violence. In an attempt to reduce gang violence in Ogden, Judge Ernie Jones issued the Ogden Trece gang injunction on September 27, 2010, in Weber County, Utah. The injunction, based on several similar injunctions in California, affects hundreds of alleged Ogden Trece gang members and spans an area including virtually the entire city of Ogden. The injunction prohibits those enjoined from engaging in various illegal activities as well as …
Transsexual And Intersex Athletes, 2013 Western New England University School of Law
Transsexual And Intersex Athletes, Erin Buzuvis
Faculty Scholarship
In her chapter, the Author examines the impact of both past and present policies enacted by many sport organizations, such as the International Olympic Committee (IOC) on intersex and transsexual athletes. At the root of many of these policies, and therefore the issues, are the binary gender system and the concern that fraudulent competitors could gain an advantage relative to the rest of the field. While no longer mandatory, women athletes are still subject to varying degrees of sex verification testing on a case-by-case basis, as evidenced by the 2009 testing of South African runner, Caster Semenya.
Recent policies point …
Securing Equal Access To Sex-Segregated Facilities For Transgender Students, 2013 National Center for Transgender Equality
Securing Equal Access To Sex-Segregated Facilities For Transgender Students, Harper Jean Tobin, Jennifer L. Levi
Faculty Scholarship
If Title IX is to have any real meaning for transgender students, it must protect a student's ability to live and participate in school as a member of the gender with which they identify. This means that students must be permitted to use gender-segregated spaces, including restrooms and locker rooms, consistent with their gender identity, without restriction. Denial of equal access to facilities that correspond to a student's gender identity singles out and stigmatizes transgender students, inflicts humiliation and trauma, interferes with medical treatment, and empowers bullies. A student subjected to these conditions is, by definition, deprived of an equal …
A History Of Struggle: Nccu Law Library, 2013 North Carolina Central University School of Law
A History Of Struggle: Nccu Law Library, Debroah Mayo Jefferies
A History of Struggle: NCCU Law Library
No abstract provided.
Section 1983 Is Born: The Interlocking Supreme Court Stories Of Tenney And Monroe, 2013 IIT Chicago-Kent College of Law
Section 1983 Is Born: The Interlocking Supreme Court Stories Of Tenney And Monroe, Sheldon Nahmod
All Faculty Scholarship
No abstract provided.
Procedural Hurdles And Thwarted Efficiency: Immigration Relief In Wage And Hour Collective Actions, 2013 American University Washington College of Law
Procedural Hurdles And Thwarted Efficiency: Immigration Relief In Wage And Hour Collective Actions, Llezlie Green
Articles in Law Reviews & Other Academic Journals
Wage theft and its frequent exploitative companions, trafficking and involuntary servitude, have seen substantial increases in recent years. Low-wage workers often bear the brunt of these practices. Vulnerable populations, such as immigrant workers, and more specifically, undocumented workers, experience wage theft and other forms of workplace-related exploitation at alarmingly high rates. Individual adjudications of these claims are neither efficient nor, in many cases, feasible, given attorneys’ aversion to shouldering the risks and costs in cases that may yield only limited attorneys’ fees. The collective adjudication of Fair Labor Standards Act (FLSA) claims, however, largely resolves these challenges and provides an …
Advocating For Equality, 2013 American University Washington College of Law
Advocating For Equality, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Reflections On The History And Future Of The Voting Rights Act In The Wake Of Shelby County, 2013 CUNY School of Law
Reflections On The History And Future Of The Voting Rights Act In The Wake Of Shelby County, Frank Deale
Publications and Research
No abstract provided.
"Give Us Free": Addressing Racial Disparities In Bail Determinations, 2013 American University Washington College of Law
"Give Us Free": Addressing Racial Disparities In Bail Determinations, Cynthia E. Jones
Articles in Law Reviews & Other Academic Journals
This article considers racial disparities that occur nationally in the bail determination process, due in large part to the lack of uniformity, resources, and information provided to officials in bail proceedings. It argues that the almost unbridled decision making power afforded to bail officials is often influenced by improper considerations such as the defendant's financial resources or the race of the defendant. As a result of these failures, the bail determination process has resulted not only in racial inequalities in bail and pretrial detention decisions, but also in the over-incarceration of pretrial defendants and the overcrowding of jails nationwide. The …
Empowering Women Through Recognition Of Rights To Land: Mechanisms To Strengthen Women's Rights In Vanuatu, 2013 University of San Francisco
Empowering Women Through Recognition Of Rights To Land: Mechanisms To Strengthen Women's Rights In Vanuatu, Vijaya Nagarajan, Therese Macdermott
Theology & Religious Studies
Although the pluralist system of land tenure in Vanuatu does not directly discriminate against women, the operation of the system and contemporary interpretations of custom are increasingly marginalizing women from decision-making processes regarding land management and control. Commitment to the principles of gender equality through constitutional guarantees and the ratification of relevant international treaty obligations, while providing an appropriate legal framework for equality, have only had limited success in addressing discriminatory practices. This article analyzes alternative ways to overcome the barriers faced by women that are currently under consideration in many Pacific Island countries, including recording and registration, as well …
Cold Comfort: Sec. 1983 As The Exclusive Damages Remedy For Violations Of Sec. 1918 By State Actors, 2013 Louisiana State University Law Center
Cold Comfort: Sec. 1983 As The Exclusive Damages Remedy For Violations Of Sec. 1918 By State Actors, Darlene Goring
All Scholarship
No abstract provided.