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Trading Police For Soldiers: Has The Posse Comitatus Act Helped Militarize Our Police And Set The Stage For More Fergusons?, Arthur Rizer 2016 West Virginia University College of Law

Trading Police For Soldiers: Has The Posse Comitatus Act Helped Militarize Our Police And Set The Stage For More Fergusons?, Arthur Rizer

Arthur Rizer

No abstract provided.


What's Wrong With Sentencing Equality?, Richard A. Bierschbach, Stephanos Bibas 2016 Cardozo Law School

What's Wrong With Sentencing Equality?, Richard A. Bierschbach, Stephanos Bibas

Faculty Scholarship

Equality in criminal sentencing often translates into equalizing outcomes and stamping out variations, whether race-based, geographic, or random. This approach conflates the concept of equality with one contestable conception focused on outputs and numbers, not inputs and processes. Racial equality is crucial, but a concern with eliminating racism has hypertrophied well beyond race. Equalizing outcomes seems appealing as a neutral way to dodge contentious substantive policy debates about the purposes of punishment. But it actually privileges deterrence and incapacitation over rehabilitation, subjective elements of retribution, and procedural justice, and it provides little normative guidance for punishment. It also has unintended ...


Colonialism And Constitutional Memory, Aziz Rana 2016 Cornell Law School

Colonialism And Constitutional Memory, Aziz Rana

Aziz Rana

The United States shares a number of basic traits with various British settler societies in the nonwhite world. These include longstanding histories in which colonists and their descendants divided legal, political, and economic rights between insiders and subordinated outsiders, be they expropriated indigenous groups or racial minorities. But Americans rarely think of themselves as part of an imperial family of settler polities and instead generally conceive of the country as quintessentially anti-imperial and inclusive. What explains this fact and what are its political consequences?

This Article offers an initial response, arguing that a significant reason is the symbolic power of ...


The Incongruous Intersection Of The Black Panther Party And The Ku Klux Klan, Angela A. Allen-Bell 2016 Seattle University School of Law

The Incongruous Intersection Of The Black Panther Party And The Ku Klux Klan, Angela A. Allen-Bell

Seattle University Law Review

When, in 2015, a Louisiana prison warden publically likened the Black Panther Party to the Ku Klux Klan, I was stunned. The differences between the two groups seemed so extreme and so obvious I could not imagine ineptness of this magnitude. Not long after this, a Georgia legislator unashamedly express that the Ku Klux Klan was not a racist, terrorist group, but merely a vigilante group trying to keep law and order. After initial dismay, each of these instances evoked thoughts of the far-reaching implications of officials making operational and policy decisions around such a flawed appreciation of history. These ...


Confronting Race And Collateral Consequences In Public Housing, Ann Cammett 2016 Seattle University School of Law

Confronting Race And Collateral Consequences In Public Housing, Ann Cammett

Seattle University Law Review

Access to affordable housing is one of the most critical issues currently facing low-income families. In many urban areas, rising costs, dwindling economic opportunity, and gentrification have foreclosed access to previously available rental stock and contributed to a crisis in housing. For African Americans lingering economic disparities arising from generations of forced racial segregation and the disproportional impact of mass incarceration have magnified these problems. In this Article I explore legal barriers to publicly subsidized housing, a “collateral consequence” of criminal convictions that increasingly serves as a powerful form of housing discrimination. Evictions, denial of admission, and permanent exclusion of ...


Branded: Trademark Tattoos, Slave Owner Brands, And The Right To Have "Free" Skin, Shontavia Johnson 2016 Drake University Law School

Branded: Trademark Tattoos, Slave Owner Brands, And The Right To Have "Free" Skin, Shontavia Johnson

Michigan Telecommunications and Technology Law Review

Though existing for several millennia in various cultures, body modification through tattooing is becoming more popular in the United States. Twenty percent of Americans have at least one tattoo, and among Millennials this number grows to almost forty percent. As the popularity of tattoos has increased in recent years, so too have questions revolving around concepts of intellectual property and the plausible limitations of any rights stemming therefrom. This Article addresses the implications, for both the tattooist and the tattooed, of using trademarked designations as tattoos. Neither the courts nor Congress have definitively answered the question of how traditional trademark ...


Societal Connection Between Blackness And Criminality Leads To Violence Against Innocent, Casey Bohrman 2016 West Chester University of Pennsylvania

Societal Connection Between Blackness And Criminality Leads To Violence Against Innocent, Casey Bohrman

Casey Bohrman

No abstract provided.


The Stereotyped Offender: Domestic Violence And The Failure Of Intervention [Batterer Intervention Program (Bip) Standards Data, As Of 2015], Carolyn B. Ramsey 2016 University of Colorado Law School

The Stereotyped Offender: Domestic Violence And The Failure Of Intervention [Batterer Intervention Program (Bip) Standards Data, As Of 2015], Carolyn B. Ramsey

Research Data

These 19 comparative data tables relating to state and local certification standards for batterer intervention programs (BIPs), as of 2015, are electronic Appendices B-T to Carolyn B. Ramsey, The Stereotyped Offender: Domestic Violence and the Failure of Intervention, 120 Penn. St. L. Rev. 337 (2015). Appendix A is not reproduced here because it simply contains citations to the state and local standards, but it is published with the journal article.


Editors' Introduction, Melanie O'Brien, JoAnn DiGeorgio-Lutz, Lior Zylberman, Christian Gudehus, Douglas Irvin-Erickson, Randle DeFalco, Hilary Earl 2016 University of Queensland

Editors' Introduction, Melanie O'Brien, Joann Digeorgio-Lutz, Lior Zylberman, Christian Gudehus, Douglas Irvin-Erickson, Randle Defalco, Hilary Earl

Genocide Studies and Prevention: An International Journal

No abstract provided.


More Than Just The Numbers: Fisher V. Texas And The Practical Impact Of Texas’S Top Ten Percent Law, Shakira D. Pleasant 2016 University of Miami Law School

More Than Just The Numbers: Fisher V. Texas And The Practical Impact Of Texas’S Top Ten Percent Law, Shakira D. Pleasant

University of Miami Business Law Review

No abstract provided.


It’S Not About Race: The True Purpose Of The University Of Texas’ Holistic Admissions System Is To Give Preferences To Well-Connected White Applicants, Not To Disadvantaged Minorities, Jonathan R. Zell 2016 University of Miami Law School

It’S Not About Race: The True Purpose Of The University Of Texas’ Holistic Admissions System Is To Give Preferences To Well-Connected White Applicants, Not To Disadvantaged Minorities, Jonathan R. Zell

University of Miami Business Law Review

No abstract provided.


Diversity Is Dead. Long Live Diversity: The Racial Isolation Prong Of Kennedy’S Pics Concurrence In Fisher And Beyond., Francisco M. Negrón Jr. 2016 University of Miami Law School

Diversity Is Dead. Long Live Diversity: The Racial Isolation Prong Of Kennedy’S Pics Concurrence In Fisher And Beyond., Francisco M. Negrón Jr.

University of Miami Business Law Review

No abstract provided.


The More Things Change, The More They Stay The Same: Why Fisher V. University Of Texas At Austin Will Not Fundamentally Alter The Affirmative Action Landscape, Adam Lamparello 2016 University of Miami Law School

The More Things Change, The More They Stay The Same: Why Fisher V. University Of Texas At Austin Will Not Fundamentally Alter The Affirmative Action Landscape, Adam Lamparello

University of Miami Business Law Review

No abstract provided.


Getting Real About Race And Class: An Evaluation Of The Constitutionality Of Class-Based, Socioeconomic Affirmative Action Without Grutter, Junis L. Baldon 2016 University of Miami Law School

Getting Real About Race And Class: An Evaluation Of The Constitutionality Of Class-Based, Socioeconomic Affirmative Action Without Grutter, Junis L. Baldon

University of Miami Business Law Review

No abstract provided.


Fisher V. University Of Texas At Austin: The Incoherence And Unseemliness Of State Racial Classification, Jay Alan Sekulow, Walter M. Weber 2016 University of Miami Law School

Fisher V. University Of Texas At Austin: The Incoherence And Unseemliness Of State Racial Classification, Jay Alan Sekulow, Walter M. Weber

University of Miami Business Law Review

No abstract provided.


It Is Time To End Race-Based "Affirmative Action", Ward Connerly 2016 University of St. Thomas, Minnesota

It Is Time To End Race-Based "Affirmative Action", Ward Connerly

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Violence And Police Diversity: A Call For Research, 2016 Brigham Young University Law School

Violence And Police Diversity: A Call For Research

BYU Law Review

No abstract provided.


From The Desire To Mark Essex: The Catalysts Of Militarization For The New Orleans Police Department, Derrick W.A. Martin 2016 University of New Orleans

From The Desire To Mark Essex: The Catalysts Of Militarization For The New Orleans Police Department, Derrick W.A. Martin

University of New Orleans Theses and Dissertations

Abstract

The ultimate goal in the South was to end segregation, but nationwide equal-rights were the common goal of all African-Americans. Nonviolent protests and over aggressive police departments became the norm within the African-American community. Understated in the history of the Civil Rights Era is the role of armed resistance and Black Nationalism. Marcus Garvey, Stokely Carmichael, Huey P. Newton, and Malcolm X were Black Nationalists that led the charge of Black Nationalism worldwide. The Deacons of Defense, the Lowndes County Freedom Organization (LCFO) and the Black Panther Party for Self Defense transformed the social makeup of the country and ...


Access Versus Success: An Examination Of The Effectiveness Of The Summer Developmental Program In Mississippi Higher Education, Amanda Susanne King 2016 University of Southern Mississippi

Access Versus Success: An Examination Of The Effectiveness Of The Summer Developmental Program In Mississippi Higher Education, Amanda Susanne King

Dissertations

Historical racial segregation within Mississippi’s public universities and colleges has led to litigation that spanned 25 years and eventually led to sweeping changes in policies and practices. Among these changes were the standardization of admission criteria and the creation of the Summer Developmental Program (SDP). This study sought to better understand the intentions and motives behind the creation and implementation of the SDP at all of the four-year public institutions in Mississippi stemming from the United States v. Fordice (1992) higher education desegregation case. This study compared retention and graduation rates of SDP participants to non-SDP participants from the ...


Black Marriage, White People, Red Herrings, Melissa Murray 2016 University of California, Berkeley, School of Law

Black Marriage, White People, Red Herrings, Melissa Murray

Melissa Murray

Ralph Richard Banks's Is Marriage for White People? is worlds away from Agatha Christie's novels. Decidedly a work of nonfiction, Banks's book considers the plight of middle-class African Americans who, according to statistics, are the least likely of any demographic group to get and stay married. Despite these obvious differences, Is Marriage for White People? shares some important commonalities with Agatha Christie's mysteries. Banks seeks to solve a mystery, but red herrings draw attention away from the true issue that should be the subject of Banks's concern. The mystery, of course, is the black marriage ...


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