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James Oakes's Treatment Of The First Confiscation Act In Freedom National: The Destruction Of Slavery In The United States, 1861-1865, Angela Porter 2023 American University Washington College of Law

James Oakes's Treatment Of The First Confiscation Act In Freedom National: The Destruction Of Slavery In The United States, 1861-1865, Angela Porter

Articles in Law Reviews & Other Academic Journals

In his work, Freedom National: The Destruction of Slavery in the United States, 1861-1865, James Oakes provides an overview of several Civil War era legal instruments regarding enslavement in the United States. One of the statutes he examines is An Act to Confiscate Property Used for Insurrectionary Purposes, passed by the Thirty Seventh Congress in August, 1861. This law, popularly known as the First Confiscation Act (FCA), is one of the several "Confiscation Acts" that contributed to the weakening of legal enslavement during the War. Fortunately, scholars have contextualized and deemphasized President Lincoln's role as the "Great Emancipator" by ...


The Paradox Of Plenty: Why Guyana’S Local Content Law Needs A Reality Check, Vivian M. Williams 2022 CUNY Bernard M Baruch College

The Paradox Of Plenty: Why Guyana’S Local Content Law Needs A Reality Check, Vivian M. Williams

Publications and Research

The effectiveness of coercive local content requirements to the development of resource rich developing countries is an area attracting increasing global attention. Local content requirements are especially popular in the extractive sector though empirical studies show that they do not fulfill their intended purpose. Now recognized as the world's fastest growing economy after becoming an oil producing country, Guyana has passed a local content law. The real concern is not merely whether local content requirements fail to fulfill their objectives but whether they create market distortions that lead to the resource curse. This issue was addressed by Baruch's ...


An Examination Of Differences In Race, Gender, And Age In Processing And Outcomes Within The U.S. Criminal Justice System, Teliyah Cobb 2022 East Tennessee State University

An Examination Of Differences In Race, Gender, And Age In Processing And Outcomes Within The U.S. Criminal Justice System, Teliyah Cobb

Electronic Theses and Dissertations

Demographic factors can influence criminal justice system outcomes. We examine legal system processing in 12 U.S. states from 1976-1991. Variables included: 1) race, age, and gender; 2) violent, sexual, and drug- and alcohol-related charges; 3) level of charge; 4) charges at arrest, trial, and final disposition; 5) time-lengths between each stage; 6) dismissal, plea bargaining, and conviction; and 7) final sentencing length. Significant differences in arrest, prosecution, plea bargaining, charge severity, and final sanctioning were observed dependent on race, gender, age, and the intersectionality of these characteristics. Implications for research policy to reduce the impact of disparities are discussed.


Predictors Of College Student Support Toward Colin Kaepernick’S National Anthem Protests, Brooke Coursen, Nicole Peiffer, Sakira Coleman, Philip Lucius 2022 James Madison University

Predictors Of College Student Support Toward Colin Kaepernick’S National Anthem Protests, Brooke Coursen, Nicole Peiffer, Sakira Coleman, Philip Lucius

VA Engage Journal

Racial discrimination and inequality have perpetuated within the U.S. since its inception. In 2016, Colin Kaepernick initiated the national anthem protests to oppose the oppression of people of color in America. This study was developed in 2018 to identify social determinants of health underlying discriminatory beliefs and behaviors. The objective was to investigate the impacts of college students’ race, gender, political ideology, socio-economic status [SES], NFL interest, patriotism, and general protest support on support for the national anthem protests. We administered paper-and-pencil surveys across locations on the James Madison University campus using a convenience sample. There were 408 participants ...


Integrating Doctrine And Diversity Speaker Series: Teaching Diversity Skills In Bar Tested Classes, Roger Williams University School of Law 2022 Roger Williams University

Integrating Doctrine And Diversity Speaker Series: Teaching Diversity Skills In Bar Tested Classes, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Reimagining Public Safety, Brandon Hasbrouck 2022 Northwestern Pritzker School of Law

Reimagining Public Safety, Brandon Hasbrouck

Northwestern University Law Review

In the aftermath of George Floyd’s murder, abolitionists were repeatedly asked to explain what they meant by “abolish the police”—the idea so seemingly foreign that its literal meaning evaded interviewers. The narrative rapidly turned to the abolitionists’ secondary proposals, as interviewers quickly jettisoned the idea of literally abolishing the police. What the incredulous journalists failed to see was that abolishing police and prisons is not aimed merely at eliminating the collateral consequences of other social ills. Abolitionists seek to build a society in which policing and incarceration are unnecessary. Rather than a society without a means of protecting ...


Justice For All: Demanding Accessibility For Underrepresented Communities In The Law: A Roger Williams University Law Review, Roger Williams University School of Law 2022 Roger Williams University

Justice For All: Demanding Accessibility For Underrepresented Communities In The Law: A Roger Williams University Law Review, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Two Approaches To Equality, With Implications For Grutter, Keith N. Hylton 2022 Boston University School of Law

Two Approaches To Equality, With Implications For Grutter, Keith N. Hylton

Faculty Scholarship

The question “what is equality?”, applied to the distribution of resources across races, suggests the following answer: when there appears to be no need for a policy that focuses on improving the welfare of one race relative to another. There is another way to approach the same question: equality is when traditionally-recognized paths to advancement do not give preference to or disadvantage an individual because of his race. Notice the difference here is between end-state and process-based notions of equality, a distinction Nozick emphasized in his examination of justice in distribution. Nozick rejected end-state theories of justice in distribution. I ...


The Particle Problem: Using Rcra Citizen Suits To Fill Gaps In The Clean Air Act, Kurt Wohlers 2022 University of Michigan Law School

The Particle Problem: Using Rcra Citizen Suits To Fill Gaps In The Clean Air Act, Kurt Wohlers

Michigan Law Review

While the Clean Air Act has done a substantial amount for the environment and the health of individuals in the United States, there is still much to be done. For all its complexity, the Act has perpetuated systemic inequities and allowed harms to fall more heavily on low-income communities and communities of color. This is no less true for particulate matter pollution, which is becoming worse by the year and is a significant cause of illness and premature death. This Note argues that particulate pollution, traditionally only regulated on the federal level within the ambit of the Clean Air Act ...


A Butterfly In Covid: Structural Racism And Baltimore's Pretrial Legal System, Doug Colbert, Colin Starger 2022 University of Maryland Francis King Carey School of Law

A Butterfly In Covid: Structural Racism And Baltimore's Pretrial Legal System, Doug Colbert, Colin Starger

All Faculty Scholarship

Summer of 2020 represented a potentially pivotal moment in the movements against mass incarceration and for racial justice. The authors commenced a study of Baltimore’s pretrial legal system just as the convergence of the COVID-19 pandemic and urgent cries of Black Lives Matter appeared to present a once-in-a-generation opportunity for meaningful decarceration. Over forty-four weekdays in June and July, the team observed bail review hearings in 509 cases and collected extensive data from the arguments and recommendations offered by the pretrial agency and prosecuting and defense attorneys. Unfortunately, the hoped-for reform failed to materialize as judges held nearly 62 ...


Integrating Doctrine And Diversity Speaker Series: Integrating Content On American Indian Law And Indigenous Identities, Roger Williams University School of Law 2022 Roger Williams University

Integrating Doctrine And Diversity Speaker Series: Integrating Content On American Indian Law And Indigenous Identities, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Machine Learning-Based Medical Devices: The Fda’S Regulation, Requirements, And Restrictions, Charli Beam 2022 Cleveland State University

Machine Learning-Based Medical Devices: The Fda’S Regulation, Requirements, And Restrictions, Charli Beam

Journal of Law and Health

The FDA should create functional regulations for the growing number of machine learning medical devices. The healthcare system is increasingly using these devices for diagnosis. Machine learning devices trained on biased data sets are susceptible to furthering certain types of bias and generating flawed outcomes. The FDA should require ML medical devices to include a label that describes the demographics of the tested population. If manufacturers fail to include this information, the FDA could determine the label false or misleading under §502 of the FD&C Act and stop sales of the device. After approval, the FDA should use §814 ...


Transcript: Presentation On Artificial Intelligence And Discrimination In Healthcare, Sharona Hoffman 2022 Case Western Reserve University School of Law

Transcript: Presentation On Artificial Intelligence And Discrimination In Healthcare, Sharona Hoffman

Journal of Law and Health

The following is a transcription from The Digital Health and Technology Symposium presented at Cleveland-Marshall College of Law by The Journal of Law & Health on Friday, April 8, 2022. This transcript has been lightly edited for clarity.


Racecraft And Identity In The Emergence Of Islam As A Race, Cyra Akila Choudhury 2022 University of Cincinnati College of Law

Racecraft And Identity In The Emergence Of Islam As A Race, Cyra Akila Choudhury

University of Cincinnati Law Review

Can a religion, over time and through its social and legal resignification, come to be a race? Drawing on Critical Race Theory (“CRT”), Critical Discourse Theory, the work of Karen E. and Barbara J. Fields and Cedric Robinson, this article argues that Islam has emerged as a race and Muslims as a racial group. To support the claim, Part I examines the theoretical basis for the argument. Applying the concept of “racecraft,” the article theorizes that racism produces both the racial group and race. As many have already argued, race is not based in biology; it is not a fact ...


Law School News: Should Prison Be Abolished? 10-6-2022, Michael M. Bowden 2022 Roger Williams University School of Law

Law School News: Should Prison Be Abolished? 10-6-2022, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Intellectual Property Liberation: An Essay, Kali Murray 2022 University of St. Thomas, Minnesota

Intellectual Property Liberation: An Essay, Kali Murray

University of St. Thomas Law Journal

No abstract provided.


Street And Graffiti Art Between Augmented Reality And Artificial Intelligence: A Copyright Perspective, Enrico Bonadio, Siri-Helen Egeland 2022 University of St. Thomas, Minnesota

Street And Graffiti Art Between Augmented Reality And Artificial Intelligence: A Copyright Perspective, Enrico Bonadio, Siri-Helen Egeland

University of St. Thomas Law Journal

No abstract provided.


Revisiting The Ox-Bow Incident: The Almost Forgotten Western Classic About The Lynching Of Three Innocent Men Is As Relevant As Ever, Marc Bookman 2022 Atlantic Center for Capital Representation

Revisiting The Ox-Bow Incident: The Almost Forgotten Western Classic About The Lynching Of Three Innocent Men Is As Relevant As Ever, Marc Bookman

Washington and Lee Journal of Civil Rights and Social Justice

The concept of lynching, several hundred years old and unclear in its origins, has never really left the lexicon. The word itself, however, has taken on different meanings over the years, from a mob’s taking the law into its own hands, to an organized utilization of racial violence as a means of societal control and intimidation; and finally to the more casual and defensive use of the word (“high tech lynching”) by current Supreme Court justices Thomas and Kavanaugh and others after being questioned about their past behaviors. Many academics have opined that the modern system of capital punishment ...


Check Your Bank Account First: Examining Copyright Formalities And Remedies Through A Race Conscious Lens, Emma Burri 2022 Washington and Lee University School of Law

Check Your Bank Account First: Examining Copyright Formalities And Remedies Through A Race Conscious Lens, Emma Burri

Washington and Lee Journal of Civil Rights and Social Justice

This Note examines copyright formalities through a race conscious lens and concludes that further change is necessary given the legacy of economic inequality that communities of color experience. It examines the history of copyright formalities in the United States and the disenfranchisement of Black musical creators through the theft of their intellectual property. In exploring the relationship between race, wealth, and musical copyright protection this Note explains why considering the economic inequality is relevant to ensure copyright protection for Black creators. This Note proposes abolishing the registration timeline for certain remedies and altering the filing fee structure of the copyright ...


Managing Judicial Discretion: Qualified Immunity And Rule 12(B)(6) Motions, Zachary R. Hart 2022 Indiana University Maurer School of Law

Managing Judicial Discretion: Qualified Immunity And Rule 12(B)(6) Motions, Zachary R. Hart

Indiana Law Journal

Qualified immunity is a judicially created doctrine that shields government officials from personal liability for civil damages. Courts applying the doctrine, which is heavily dependent on the facts of the case, must determine whether the government officials’ conduct violated a clearly established statutory or constitutional right of which a reasonable person would have known. This inquiry is discretionary as judges must determine if the alleged violation was “clearly established,” a term that the Supreme Court has defined in conflicting ways. Moreover, when federal judges conduct the qualified immunity inquiry at the Rule 12(b)(6) motion to dismiss stage, their ...


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