Open Access. Powered by Scholars. Published by Universities.®

Law and Race Commons

Open Access. Powered by Scholars. Published by Universities.®

4,721 Full-Text Articles 3,340 Authors 2,825,324 Downloads 195 Institutions

All Articles in Law and Race

Faceted Search

4,721 full-text articles. Page 1 of 159.

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 ...


Systemic Racism In The U.S. Immigration Laws, Kevin R. Johnson 2022 UC Davis

Systemic Racism In The U.S. Immigration Laws, Kevin R. Johnson

Indiana Law Journal

This Essay analyzes how aggressive activism in a California mountain town at the tail end of the nineteenth century commenced a chain reaction resulting in state and ultimately national anti-Chinese immigration laws. The constitutional immunity through which the Supreme Court upheld those laws deeply affected the future trajectory of U.S. immigration law and policy.

Responding to sustained political pressure from the West, Congress in 1882 passed the Chinese Exclusion Act, an infamous piece of unabashedly racist legislation that commenced a long process of barring immigration from all of Asia to the United States. In upholding the Act, the Supreme ...


Masthead, 2022 University of California, Hastings College of the Law

Masthead

Hastings Race and Poverty Law Journal

No abstract provided.


Foreword, Ritchie Lee 2022 University of California, Hastings College of the Law

Foreword, Ritchie Lee

Hastings Race and Poverty Law Journal

No abstract provided.


Asian And Muslim Americans Intersections, Solidarity And Striving Ahead, Khaled A. Beydoun 2022 University of California, Hastings College of the Law

Asian And Muslim Americans Intersections, Solidarity And Striving Ahead, Khaled A. Beydoun

Hastings Race and Poverty Law Journal

No abstract provided.


Poetry Matters, Russell C. Leong 2022 University of California, Hastings College of the Law

Poetry Matters, Russell C. Leong

Hastings Race and Poverty Law Journal

No abstract provided.


The Racialization Of Asian-Americans In The United States, Michael Omi 2022 University of California, Hastings College of the Law

The Racialization Of Asian-Americans In The United States, Michael Omi

Hastings Race and Poverty Law Journal

No abstract provided.


Immigration Judge Independence Under Attack: A Call To Re-Evaluate The Current Method Of Ij Appointment And Create A Separate Immigration Court System, Nicole Sequeira Tashovski 2022 University of California, Hastings College of the Law

Immigration Judge Independence Under Attack: A Call To Re-Evaluate The Current Method Of Ij Appointment And Create A Separate Immigration Court System, Nicole Sequeira Tashovski

Hastings Race and Poverty Law Journal

No abstract provided.


Keynote Address: “Asian Americans At A Crossroads”, Frank H. Wu 2022 University of California, Hastings College of the Law

Keynote Address: “Asian Americans At A Crossroads”, Frank H. Wu

Hastings Race and Poverty Law Journal

No abstract provided.


We Can't Talk About Race Unless We Also Talk About Art, Lavinia Liang 2022 Duke Law

We Can't Talk About Race Unless We Also Talk About Art, Lavinia Liang

Duke Law Journal Online

No abstract provided.


Treaty-Based Climate Change Claims: Litigation Pathways In The Face Of Cultural Devastation, Kirsten D. Gerbatsch 2022 University of Montana

Treaty-Based Climate Change Claims: Litigation Pathways In The Face Of Cultural Devastation, Kirsten D. Gerbatsch

Public Land & Resources Law Review

No abstract provided.


Do It For The Kids: Protecting Future Generations From Climate Change Impacts And Future Pandemics In Maryland Using An Environmental Rights Amendment, Johanna Adashek 2022 University of Montana

Do It For The Kids: Protecting Future Generations From Climate Change Impacts And Future Pandemics In Maryland Using An Environmental Rights Amendment, Johanna Adashek

Public Land & Resources Law Review

No abstract provided.


Youth And Indigenous Voices In Climate Justice: Leveraging Best Practices From U.S. And Canadian Litigation, Randall S. Abate 2022 University of Montana

Youth And Indigenous Voices In Climate Justice: Leveraging Best Practices From U.S. And Canadian Litigation, Randall S. Abate

Public Land & Resources Law Review

No abstract provided.


Water Justice Under The Big Sky: Locating A Human Right To Water In Montana Law, Abigail R. Brown 2022 University of Montana

Water Justice Under The Big Sky: Locating A Human Right To Water In Montana Law, Abigail R. Brown

Public Land & Resources Law Review

No abstract provided.


A Judicial Duty: Interpreting And Enforcing Montanan's Inalienable Right To A Clean And Healthful Environment, Nate Bellinger, Roger Sullivan 2022 University of Montana

A Judicial Duty: Interpreting And Enforcing Montanan's Inalienable Right To A Clean And Healthful Environment, Nate Bellinger, Roger Sullivan

Public Land & Resources Law Review

No abstract provided.


Letter To The Reader, 2022 University of Montana

Letter To The Reader

Public Land & Resources Law Review

No abstract provided.


Table Of Contents, 2022 University of Montana

Table Of Contents

Public Land & Resources Law Review

No abstract provided.


Editors And Staff Members, 2022 University of Montana

Editors And Staff Members

Public Land & Resources Law Review

No abstract provided.


Policing By Proxy: Interrogating Big Tech's Role In Law Enforcement, Claire Elizabeth 2022 Portland State University

Policing By Proxy: Interrogating Big Tech's Role In Law Enforcement, Claire Elizabeth

University Honors Theses

Predictive policing, sometimes referred to as data-driven or actuarial policing, is a method of policing that uses a risk-based approach to law enforcement. For-profit technology companies market proprietary risk assessment algorithms to law enforcement organizations as tools meant to proactively mitigate crime. Using data collected from a vast array of sources, both personal and public, police are able to "predict" the likelihood of criminal activity in a given area using these algorithms. Proponents claim that risk assessment tools have the potential to fight crime with unbiased accuracy and speed by predicting when, where, and whom to police by relying on ...


Actively Achieving Greater Racial Equity In Law School Classrooms, Catherine Bramble, Rory Bahadur 2022 J. Reuben Clark Law School, BYU

Actively Achieving Greater Racial Equity In Law School Classrooms, Catherine Bramble, Rory Bahadur

Cleveland State Law Review

2020 illustrated the ongoing pervasiveness of implicit and explicit racism in our society. Less well-acknowledged and recognized is the extent to which Socratic pedagogy also reflects those pervasive racist realities while simultaneously resulting in inferior learning based on a teaching method invented 150+ years ago. Despite this racist and outdated reality, the legal academy has been reluctant to alter the traditional method of teaching. Tangible, empirical evidence obtained from data-driven cognitive learning science research demonstrates that active learning not only improves learning outcomes for all students, but also mitigates the structural effects of racism in the classroom thereby increasing racial ...


Digital Commons powered by bepress