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Table Of Contents, 2019 DePaul University

Table Of Contents

DePaul Journal for Social Justice

No abstract provided.


Recent Developments, Raelynn J. Hillhouse 2019 University of Arkansas, Fayetteville

Recent Developments, Raelynn J. Hillhouse

Arkansas Law Review

No abstract provided.


The Thirteenth Amendment, Prison Labor Wages, And Interrupting The Intergenerational Cycle Of Subjugation, Josh Halladay 2019 Seattle University School of Law

The Thirteenth Amendment, Prison Labor Wages, And Interrupting The Intergenerational Cycle Of Subjugation, Josh Halladay

Seattle University Law Review

This Comment argues that meager or no compensation for prisoners, who are disproportionately black and other persons of color, entraps them and their children in a cycle of subjugation that dates back to the days of slavery, and this Comment proposes to interrupt this cycle by setting a minimum wage for prisoners and creating college savings accounts for their children. As part of the cycle, when people enter prisons and the doors behind them close, so do their families’ bank accounts and the doors to their children’s schools. At the same time, the cells next to them open, ready ...


When A Tent Is Your Castle: Constitutional Protection Against Unreasonable Searches Of Makeshift Dwellings Of Unhoused Persons, Evanie Parr 2019 Seattle University School of Law

When A Tent Is Your Castle: Constitutional Protection Against Unreasonable Searches Of Makeshift Dwellings Of Unhoused Persons, Evanie Parr

Seattle University Law Review

This Note will argue that all jurisdictions should follow the Washington State Court of Appeals, Division II in validating makeshift dwellings used by people experiencing homelessness as spaces protected from unwarranted police intrusions by shifting evaluations of “reasonable expectations of privacy” to a more equitable standard that appreciates the realities of economic disparity. This approach to constitutional protections against unreasonable searches and seizures is imperative to protect the rights of people experiencing homelessness, given that such individuals are regularly subjected to invasions of privacy and heightened exposure to the criminal justice system.


Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


"Black Lives Matter" As A Claim Of Fundamental Law, David B. McNamee 2019 University of Massachusetts School of Law

"Black Lives Matter" As A Claim Of Fundamental Law, David B. Mcnamee

University of Massachusetts Law Review

In this Article, I argue that we should understand #BlackLivesMatter as a claim on the Constitution—a very special kind of constitutional claim, on the Constitution as fundamental law. It is a paradigmatic contemporary example of this category of constitutional law for citizens, one that reaches back past the roots of the American Revolution and underlies the logic of popular sovereignty at the core of our system. Section I develops a conceptual sketch of fundamental law and its features. Section II then turns to the content of “Black Lives Matter” as a constitutional principle and traces its position in the ...


President Trump's Big Beautiful Wall: Discrimination, Eminent Domain, And The Public Use Requirement, Meghan K. Tierney 2019 Chicago-Kent College of Law

President Trump's Big Beautiful Wall: Discrimination, Eminent Domain, And The Public Use Requirement, Meghan K. Tierney

Chicago-Kent Law Review

At a press conference held in Trump Tower New York City on June 16, 2015, Donald Trump announced his candidacy for President of the United States by promising to expand the border wall along the Southern United States. President Trump has insisted that his only reasons behind completely separating the United States from Mexico are to curtail illegal immigration and curb drug cartel activity, but many argue that his statements indicate a much more sinister motive based in racial discrimination. The public use requirement of the Fifth Amendment Takings Clause allows the federal government to take private land for the ...


From Louisville To Liddell: Schools, Rhetorical Neutrality, And The Post-Racial Equal Protection Clause, Cedric Merlin Powell 2019 University of Louisville Brandeis School of Law

From Louisville To Liddell: Schools, Rhetorical Neutrality, And The Post-Racial Equal Protection Clause, Cedric Merlin Powell

Cedric M. Powell

As we commemorate the inspiring legacy of Minnie Liddell and countless liberation activists who struggled for substantive equality in education for generations, it is appropriate to reflect on the current state and future of urban education. The school desegregation (integration) movements in Louisville, Kentucky and St. Louis, Missouri can best be understood as two distinct permutations of the Process Theory. In Louisville, the process-orientation tilts toward individual choice—neighborhood schools are at the core of all of the discussions about student assignment plans. Conversely, in St. Louis, the seminal process initiative is charter schools. Neither processual outcome addresses the present ...


Rhetorical Neutrality: Colorblindness, Frederick Douglass, And Inverted Critical Race Theory, Cedric Merlin Powell 2019 University of Louisville School of Law

Rhetorical Neutrality: Colorblindness, Frederick Douglass, And Inverted Critical Race Theory, Cedric Merlin Powell

Cedric M. Powell

Rhetorical Neutrality refers to the middle ground approach adopted by the Supreme Court in its race jurisprudence. This Article examines rhetorical neutrality as evinced in the narratives espoused in the opinions of Justices O'Connor and Thomas. In Grutter, both Justices employ neutral approaches, rooted in colorblindness. However, the underlying rhetoric, or how their reasoning is expressed in their respective opinions, is strikingly distinct. Neither Justice advances a remedial approach; both Justices start with the premise that race is inherently suspect, but their approaches diverge because they view colorblind neutrality in fundamentally distinct ways.


The Rhetorical Allure Of Post-Racial Process Discourse And The Democratic Myth, Cedric Merlin Powell 2019 Selected Works

The Rhetorical Allure Of Post-Racial Process Discourse And The Democratic Myth, Cedric Merlin Powell

Cedric M. Powell

We are witnessing the power of distorted and neutral rhetoric that rings with deceptive clarity. This post-racial process discourse is advanced on many levels: in political discourse, by a distrustful citizenry energized by hateful rhetoric that appeals to their concerns of being “left behind” on the basis of “preferences” for minorities that diminish America’s “greatness,” and a Court that seeks to constitutionalize a mythic democracy that promises participation while implicitly endorsing structural exclusion.

Voter initiatives should not determine the substantive core of the Fourteenth Amendment. While democratic participation is essential to our Republic, decisions like Schuette perpetuate a democratic ...


Safe Streets, Inc. : The 'Hustle' To End Black Gang Violence In Philadelphia, 1969-1976, Menika Dirkson 2019 Temple University

Safe Streets, Inc. : The 'Hustle' To End Black Gang Violence In Philadelphia, 1969-1976, Menika Dirkson

Arlen Specter Center for Public Service Research Fellowship

From 1962 to 1968, gang stabbings and murders in Philadelphia drastically increased, inspiring Philadelphia District Attorney Arlen Specter (from 1965-1973) to establish Safe Streets, Inc. in August 1969 as a non-profit, anti-gang program designed to reduce gang violence, end turf wars between rival gangs, and provide social services like job training and academic tutoring to juveniles. Since the program came into existence amidst the Civil Rights Movement (1954-1968), numerous cases of police brutality, and over 200 race riots in post-industrial cities, the yearly Law Enforcement Assistance Administration (LEAA) grant from the federal government offered to cities under the Omnibus Crime ...


Constraint And Control, Patricia Ayres 2019 CUNY Hunter College

Constraint And Control, Patricia Ayres

School of Arts & Sciences Theses

I have long considered themes of the body. Drawing on my knowledge as a fashion designer, I bring materials and hardware from the fashion industry into my artwork transforming and rendering them non-functional. My sculptures relate to stories of isolation, separation, and confinement. The following pages will analyze how the United States penal system controls, constrains and restricts the body through physical and psychological wounds. Furthermore, they will examine how the Catholic Church controls people’s minds and behavior through a ritualistic belief system.


Law Library Blog (February 2019): Legal Beagle's Blog Archive, Roger Williams University School of Law 2019 Roger Williams University

Law Library Blog (February 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


The Torch (February 2019), crtp 2019 University of Southern Maine

The Torch (February 2019), Crtp

Torch: The Civil Rights Team Project Newsletter

Civic and Community Engagement | Civil Rights and Discrimination | Education | Gender and Sexuality | Inequality and Stratification | Politics and Social Change | Public Policy | Race and Ethnicity

Recommended Citation

Baldwin, Brandon and Civil Rights Team Project, "Torch (August 2013)" (2013). Torch: The Civil Rights Team Project Newsletter. 58. http://digitalcommons.usm.maine.edu/torch/58


The New Impartial Jury Mandate, Richard Lorren Jolly 2019 University of California, Berkeley, School of Law

The New Impartial Jury Mandate, Richard Lorren Jolly

Michigan Law Review

Impartiality is the cornerstone of the Constitution’s jury trial protections. Courts have historically treated impartiality as procedural in nature, meaning that the Constitution requires certain prophylactic procedures that secure a jury that is more likely to reach verdicts impartially. But in Peña- Rodriguez v. Colorado, 137 S. Ct. 855 (2017), the Supreme Court recognized for the first time an enforceable, substantive component to the mandate. There, the Court held that criminal litigants have a Sixth Amendment right to jury decisions made without reliance on extreme bias, specifically on the basis of race or national origin. The Court did not ...


A Study Of Factors Influencing Hiring Decisions In The Context Of Ban The Box Policies, Ronald F. Day 2019 The Graduate Center, City University of New York

A Study Of Factors Influencing Hiring Decisions In The Context Of Ban The Box Policies, Ronald F. Day

All Dissertations, Theses, and Capstone Projects

This dissertation investigates whether NYC employers adhered to Ban the Box by removing the question about criminal history from employment forms, by refraining from inquiring about an applicant’s criminal record during the interview process, and by complying with other aspects of the policy. The study also documents employer perspectives on Ban the Box and on the hiring of individuals with criminal convictions, and examines whether more individuals with a criminal record were hired after the policy was implemented.

Using a mixed-methods approach, surveys were administered to companies in the nonprofit and private sectors, and semi-structured interviews were conducted with ...


Big Data Discrimination: Maintaining Protection Of Individual Privacy Without Disincentivizing Businesses’ Use Of Biometric Data To Enhance Security, Lauren Stewart 2019 Boston College Law School

Big Data Discrimination: Maintaining Protection Of Individual Privacy Without Disincentivizing Businesses’ Use Of Biometric Data To Enhance Security, Lauren Stewart

Boston College Law Review

Biometric identification technology is playing an increasingly significant role in the lives of consumers in the United States today. Despite the benefits of increased data security and ease of consumer access to businesses’ services, lack of widespread biometric data regulation creates the potential for commercial misuse. Of particular concern is the use of biometric data by businesses, such as those within the data broker industry, to enable opaque discrimination against consumers. Although some states, such as Illinois, Texas, and Washington, have adopted comprehensive biometric data regulation statutes, the statutes do not offer a consistent approach. This Note argues that Congress ...


Free Speech On The Law School Campus: Is It The Hammer Or The Wrecking Ball That Speaks?, Christopher J. Roederer 2019 University of St. Thomas, Minnesota

Free Speech On The Law School Campus: Is It The Hammer Or The Wrecking Ball That Speaks?, Christopher J. Roederer

University of St. Thomas Law Journal

No abstract provided.


The Anti-Coddling Narrative And Campus Speech, Rob Kahn 2019 University of St. Thomas School of Law

The Anti-Coddling Narrative And Campus Speech, Rob Kahn

University of St. Thomas Law Journal

No abstract provided.


Law School News: A Mandate For Change 01-24-2019, Michael M. Bowden 2019 Roger Williams University School of Law

Law School News: A Mandate For Change 01-24-2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


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