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The Progressives: Racism And Public Law, Herbert J. Hovenkamp 2017 University of Pennsylvania Law School

The Progressives: Racism And Public Law, Herbert J. Hovenkamp

Faculty Scholarship

American Progressivism inaugurated the beginning of the end of American scientific racism. Its critics have been vocal, however. Progressives have been charged with promotion of eugenics, and thus with mainstreaming practices such as compulsory housing segregation, sterilization of those deemed unfit, and exclusion of immigrants on racial grounds. But if the Progressives were such racists, why is it that since the 1930s Afro-Americans and other people of color have consistently supported self-proclaimed progressive political candidates, and typically by very wide margins?

When examining the Progressives on race, it is critical to distinguish the views that they inherited from those that ...


Defense Counsel And Public Defence, Eve Brensike Primus 2017 University of Michigan Law School

Defense Counsel And Public Defence, Eve Brensike Primus

Book Chapters

Public-defense delivery systems nationwide are grossly inadequate. Public defenders are forced to handle caseloads that no one could effectively manage. They often have no funding for investigation or expert assistance. They aren’t adequately trained, and there is little to no oversight of their work. In many jurisdictions, the public-defense function is not sufficiently independent of the judiciary or the elected branches to allow for zealous representation. The result is an assembly line into prison, mostly for poor people of color, with little check on the reliability or fairness of the process. Innocent people are convicted, precious resources are wasted ...


Addressing Utah’S School To Prison Pipeline, Tyler B. Bugden 2017 SJ Quinney College of Law, University of Utah

Addressing Utah’S School To Prison Pipeline, Tyler B. Bugden

Utah Law Review

Utah’s STTP problem needs to be resolved. Zero tolerance policies, the limited constitutional rights of students, the police power of school administrators, the injection of SROs into our schools without clear job responsibilities and training, and the imbalance of power between students and state actors all contribute to Utah’s biased STPP. To address the STPP, researchers encourage: the expansion of legal protections for juveniles; the re-training of SROs and employment contracts that clearly define SROs’ responsibilities; the use of restorative justice practices and other evidence-based alternatives to the juvenile justice system; and reforming the discretionary power of state ...


Algorithmic Jim Crow, Margaret Hu 2017 Washington and Lee University School of Law

Algorithmic Jim Crow, Margaret Hu

Fordham Law Review

This Article contends that current immigration- and security-related vetting protocols risk promulgating an algorithmically driven form of Jim Crow. Under the “separate but equal” discrimination of a historic Jim Crow regime, state laws required mandatory separation and discrimination on the front end, while purportedly establishing equality on the back end. In contrast, an Algorithmic Jim Crow regime allows for “equal but separate” discrimination. Under Algorithmic Jim Crow, equal vetting and database screening of all citizens and noncitizens will make it appear that fairness and equality principles are preserved on the front end. Algorithmic Jim Crow, however, will enable discrimination on ...


Brief Of Amici Curiae Corporate Law Professors In Masterpiece Cakeshop, Ltd. V. Colorado Civil Rights Commission, Harold Kent Greenfield, Daniel A. Rubens 2017 Boston College Law School

Brief Of Amici Curiae Corporate Law Professors In Masterpiece Cakeshop, Ltd. V. Colorado Civil Rights Commission, Harold Kent Greenfield, Daniel A. Rubens

Boston College Law School Faculty Papers

Professor Greenfield was the principal author of an amicus brief on behalf of 33 corporate law professors in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, argued in December 2017. The brief argues that shareholders’ religious and political beliefs should not be projected onto a corporation for purposes of First Amendment accommodation.


Racial And Ethnic Profiling: Statutory Discretion, Constitutional Remedies, And Democratic Accountability, Sujit Choudhry, Kent Roach 2017 Selected Works

Racial And Ethnic Profiling: Statutory Discretion, Constitutional Remedies, And Democratic Accountability, Sujit Choudhry, Kent Roach

Sujit Choudhry

Given the prominence of the issue of racial, ethnic, and religious profiling in the public debate about terrorism, it is significant that Canada's two legislative responses to September 11 - the Anti-terrorism Act and the proposed Public Safety Act - are silent on the issue, neither explicitly authorizing profiling nor expressly banning it. In this article, we focus on the constitutional remedies available for profiling in the face of these statutory silences, and the implication that the choice of remedies holds for both remedial efficacy and democratic accountability. Contrary to the position held by the majority of the Supreme Court in ...


Culture And Custom In Nation-Building: Law In Afghanistan, Thomas Barfield 2017 University of Maine School of Law

Culture And Custom In Nation-Building: Law In Afghanistan, Thomas Barfield

Maine Law Review

Afghanistan’s restoration of the rule of law has set in motion a renewed debate about fundamental legal principles that has not been seen in the West since the time of the Enlightenment: Who is justice for? Who has the right to seek compensation or justice? Does the state or the individual have priority in seeking justice and delivering punishment? Is law a human creation or is it rooted in divine authority? But it is a debate without an audience in the international community that is assisting the Afghan government in restoring its judicial system because the answer appears so ...


Human Rights And Nation-Building In Cross-Cultural Settings, Burns H. Weston 2017 University of Maine School of Law

Human Rights And Nation-Building In Cross-Cultural Settings, Burns H. Weston

Maine Law Review

Values are preferred events, “goods” we cherish; and the value of respect, “conceived as the reciprocal honoring of freedom of choice about participation in value processes,” is “the core value of human rights.” In a world of diverse cultural traditions that is simultaneously distinguished by the widespread universalist claim that “human rights extend in theory to every person on earth without discriminations irrelevant to merit,” the question thus unavoidably arises: when, in human rights decision-making, are cultural differences to be respected and when are they not? The question arises early in the nation-building enterprise where demands to preserve cultural traditions ...


Analyzing Sexual Harassment In The Workplace, Herbert G. Keene, Jr. 2017 St. John's University School of Law

Analyzing Sexual Harassment In The Workplace, Herbert G. Keene, Jr.

The Catholic Lawyer

No abstract provided.


The Crossroads Of A Legal Fiction And The Reality Of Families, Andrew L. Weinstein 2017 University of Maine School of Law

The Crossroads Of A Legal Fiction And The Reality Of Families, Andrew L. Weinstein

Maine Law Review

In Adoption of M.A., the Maine Supreme Judicial Court, sitting as the Law Court, held that an unmarried, same-sex couple could file a joint petition for adoption of two foster children in their care. This recent decision is only a fraction of a story that originated a long time ago when same-sex couples began raising children. This Comment begins by examining the role of the state courts and the United States Supreme Court in their exposition of family law relating to adoption by same-sex couples. The United States Supreme Court has periodically weighed in on family law and parenting ...


The Role Of The State Attorney General In Preventing And Punishing Hate Crimes Through Civil Prosecution: Positive Experiences And Possible First Amendment Potholes, Amy Dieterich 2017 University of Maine School of Law

The Role Of The State Attorney General In Preventing And Punishing Hate Crimes Through Civil Prosecution: Positive Experiences And Possible First Amendment Potholes, Amy Dieterich

Maine Law Review

On July 3, 2006, Lewiston, Maine resident Brent Matthews threw a pig's head as "a joke" into the town's only mosque, frequented primarily by Somali refugees, during evening services. Because of Matthews' "joke," members of the mosque were required by Islamic law to clean the desecrated area seven times, attendance at the mosque decreased, and some members said they feared physical harm. Unfortunately for Matthews, Maine is one of eight states that has given its Attorney General the authority to seek a civil remedy for a violation of a citizen's civil rights, which can be pursued concurrently ...


Recollections Of My Time In The Civil Rights Movement, Melvyn H. Zarr 2017 University of Maine School of Law

Recollections Of My Time In The Civil Rights Movement, Melvyn H. Zarr

Maine Law Review

A while back, in November 2007, some students came down after class and asked me why I never told any personal stories during class. I gave them my standard reply that class time was too valuable for the telling of "war stories." "Well," they countered, "would you be willing to tell your 'back story' after class?" I had no objection to that, as long as they would set it up. I half-expected nothing further to come of it, but the students did set it up, publicizing it to the whole law school community. On the appointed day, an overflow crowd ...


Racism, Juries, And Justice: Addressing Post-Verdict Juror Testimony Of Racial Prejudice During Deliberations, Andrew C. Helman 2017 University of Maine School of Law

Racism, Juries, And Justice: Addressing Post-Verdict Juror Testimony Of Racial Prejudice During Deliberations, Andrew C. Helman

Maine Law Review

From the beginning, race played a role in the prosecution of Christopher McCowen for the rape and murder of well-known fashion writer Christa Worthington. To some, the trial was even a spectacle and treated as “one of the most spectacular homicide cases in [Massachusetts'] history.” It quickly became a “made-for-cable-news tale of the heiress fashion writer and her lowly Portuguese fisherman lover, illicit sex, and an out-of-wedlock child,” all set in a seaside village. McCowen, an African-American garbage man, was right in the middle of it; police and prosecutors did not believe his assertions that he had consensual sex with ...


Foreword, Patricia A. McCoy 2017 Boston College Law School

Foreword, Patricia A. Mccoy

Patricia A. McCoy

In the wake of the financial crisis, mortgage lending to lower-income and minority borrowers overcorrected and has not recovered. Although homeownership is a riskier investment than previously realized, still it remains a proven path to increased wealth on balance for lower-income households. There are a number of reasonable reforms that could achieve greater access to credit while containing default risk. These include strategies to reduce down payments safely and to keep monthly payments manageable, combined with fixed-rate loans. Prepurchase counseling is important to preparing applicants for the financial demands of homeownership and strengthening their credit histories, while rapid foreclosure prevention ...


The “Right To Remain Here” As An Evolving Component Of Global Refugee Protection: Current Initiatives And Critical Questions, Daniel Kanstroom 2017 Boston College Law School

The “Right To Remain Here” As An Evolving Component Of Global Refugee Protection: Current Initiatives And Critical Questions, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.


The Costs Of Trumped-Up Immigration Enforcement Measures, Kari E. Hong 2017 Boston College Law School

The Costs Of Trumped-Up Immigration Enforcement Measures, Kari E. Hong

Kari E. Hong

Currently, our country spends $18 billion each year on immigration enforcement, which is nearly $4 billion more than the combined budgets of the FBI, DEA, Secret Service, and ATF. President Trump hopes to substantially increase that annual number with his proposed heightened enforcement measures that result in more arrests, more ICE officers roaming our streets, airports, and courtrooms, more detentions, more deportations, and more wall. This essay begins by examining each of these measures that were outlined in the new executive orders and concludes that all are expensive, ineffective, unnecessary, and inhumane. Just as being “Tough on Crime” was proven ...


Reflections On Forty Years Of Private Practice And Sustained Pro Bono Advocacy, Stephen H. Oleskey 2017 University of Maine School of Law

Reflections On Forty Years Of Private Practice And Sustained Pro Bono Advocacy, Stephen H. Oleskey

Maine Law Review

I am going to address two topics. The first is the one Judge Coffin asked me to address in October 2009, when I was invited to give the 2010 Coffin Lecture: how to combine the private practice of law with an active pro bono practice. The second topic is the one Dean Peter Pitegoff and I agreed to add: a brief discussion of legal developments in national security law since 9/11. My pro bono involvement in Guantanamo Habeas litigation began in 2004 and led directly to my interest in national security law and to my recognition of how difficult ...


Newsroom: Is Wall Between Church And State Crumbling? 10-10-2017, Diana Hassel 2017 Roger Williams University School of Law

Newsroom: Is Wall Between Church And State Crumbling? 10-10-2017, Diana Hassel

Life of the Law School (1993- )

No abstract provided.


Rowan Clerk In Romania To Discuss Same-Sex Marriage, The Morehead News 2017 Morehead State University

Rowan Clerk In Romania To Discuss Same-Sex Marriage, The Morehead News

Media Collection

No abstract provided.


Rwu First Amendment Blog: Diana Hassel's Blog: Is The Wall Between Church And State Crumbling? 10-07-2017, Diana Hassel 2017 Roger Williams University School of Law

Rwu First Amendment Blog: Diana Hassel's Blog: Is The Wall Between Church And State Crumbling? 10-07-2017, Diana Hassel

Law School Blogs

No abstract provided.


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