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Reflections On Presumed Incompetent: The Intersections Of Race And Class For Women In Academia Symposium - The Plenary Panel, Maritza I. Reyes, Angela Mae Kupenda, Angela Onwuachi-Willig, Stephanie M. Wildman, Adrien Katherine Wing 2017 Florida Agricultural and Mechanical University

Reflections On Presumed Incompetent: The Intersections Of Race And Class For Women In Academia Symposium - The Plenary Panel, Maritza I. Reyes, Angela Mae Kupenda, Angela Onwuachi-Willig, Stephanie M. Wildman, Adrien Katherine Wing

Angela Onwuachi-Willig

No abstract provided.


Inseparable: Perspective Of Senator Daniel Webster, Ernest M. Oleksy 2017 Cleveland State University

Inseparable: Perspective Of Senator Daniel Webster, Ernest M. Oleksy

The Downtown Review

Considering the hypersensitivity that their nation has towards race relations, it is often ineffable to contemporary Americans as to how anyone could have argued against abolition in the 19th century. However, by taking the perspective of Senator Daniel Webster speaking to an audience of disunionist-abolitionists, proslaveryites, and various shades of moderates, numerous points of contention will be brought to light as to why chattel slavery persisted so long in the U.S. Focal points of dialogue will include the Narrative of Frederick Douglass, the "positive good" claims of Senator John C. Calhoun, the disunionism of William Lloyd Garrison, and the ...


Bowraville And Phoebe’S Fall: Award-Winning Australian Podcasts From The Media Formerly Known As Print., Wendy Carlisle 2017 University of Wollongong

Bowraville And Phoebe’S Fall: Award-Winning Australian Podcasts From The Media Formerly Known As Print., Wendy Carlisle

RadioDoc Review

Digital technology has democratised the audio storytelling space in a quite profound way. This article compares two major podcast investigations produced by established Australian newspaper mastheads: Bowraville by The Australian, and Phoebe’s Fall by The Age. Bowraville examines the unsolved murders of three Aboriginal children in the 1990s – all of whom came from the same small town. Phoebe’s Fall investigates the bizarre death in a garbage chute of a luxury Melbourne apartment building of 24-year-old Phoebe Handsjuk and her troubled relationship with her much older boyfriend.

In depicting what have been described as the three essential ingredients of ...


United States V. Osage Wind, Llc, Summer Carmack 2017 Alexander Blewett III School of Law at the University of Montana

United States V. Osage Wind, Llc, Summer Carmack

Public Land and Resources Law Review

The Osage Nation, as owner of the beneficial interest in its mineral estate, issues federally-approved leases to persons and entities who wish to conduct mineral development on its lands. After an energy-development company, Osage Wind, leased privately-owned surface lands within Tribal reservation boundaries and began to excavate minerals for purposes of constructing a wind farm, the United States brought suit on the Tribe’s behalf. In the ensuing litigation, the Osage Nation insisted that Osage Wind should have obtained a mineral lease from the Tribe before beginning its work. In its decision, the Tenth Circuit applied one of the Indian ...


Judges, Racism, And The Problem Of Actual Innocence, Stephen J. Fortunato Jr. 2017 University of Maine School of Law

Judges, Racism, And The Problem Of Actual Innocence, Stephen J. Fortunato Jr.

Maine Law Review

The facts and data are in and the conclusion they compel is bleak: the American criminal justice system and its showpiece, the criminal trial, harbor at their core a systemic racism. For decades, criminologists, law professors, sociologists, government statisticians, and others have been collecting and collating data on crime, punishment, and incarceration in the United States. These intrepid scholars have looked at crime, criminals, and the justice system from all angles—the race of defendants and victims; the relationship of poverty to criminality; severity of crime; severity of punishment; incarceration rates for different racial groups; sentencing and sentence disparities; and ...


Continuing Derrick Bell's Devotion In Creative Action, Angela Mae Kupenda 2017 Mississippi College School of Law

Continuing Derrick Bell's Devotion In Creative Action, Angela Mae Kupenda

Journal Articles

I remember my first time seeing Derrick Bell in person and hearing him speak, just a few years before he passed away. I was in awe of him for many reasons, but primarily for two reasons. First, I noted from watching him with his devoted students, how mutual was the devotion coming from him—devotion to them as people and as those who would surely carry on his great work of seeking to forge equality in America and beyond. And second, I was in awe of him because of his devotion to the elimination of racism, while at the same ...


Critical Black Protectionism, Black Lives Matter, And Social Media: Building A Bridge To Social Justice, Katheryn Russell-Brown 2017 University of Florida Levin College of Law

Critical Black Protectionism, Black Lives Matter, And Social Media: Building A Bridge To Social Justice, Katheryn Russell-Brown

Katheryn Russell-Brown

This Article provides a detailed, contemporary examination and critique of the practice of Black protectionism. The discussion focuses on how Black protectionism has evolved over the decades, and whether the changes make it a more useful tool for community empowerment than its applications in previous eras. Its latest iteration, herein labeled Critical Black Protectionism, is assessed and evaluated in light of the increasing use of social media.This Article is divided into five parts. Part I provides an overview of Black protectionism, its roots and evolution. As well, this Part examines how African Americans have used protectionism. Part II sets ...


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 ...


The Fallacy Of A Colorblind Consent Search Doctrine, Beau C. Tremitiere 2017 Northwestern Pritzker School of Law

The Fallacy Of A Colorblind Consent Search Doctrine, Beau C. Tremitiere

Northwestern University Law Review

Most searches conducted by police officers are “consensual” and thus beyond the reach of the Fourth Amendment. However, such searches violate the Fourth Amendment when, under the totality of circumstances, consent appears to be a product of coercion—that is, when the consent was involuntary. In 1980, in Mendenhall v. United States, the Supreme Court identified race as a relevant factor courts should consider but failed to explain precisely why race was relevant. After decades of mistreatment and state-sanctioned violence, distrust of law enforcement was rampant in communities of color, and the Mendenhall Court correctly intuited (but failed to describe ...


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 ...


Constitution Day Lecture: Constitutional Law And Tort Law: Injury, Race, Gender, And Equal Protection, Jennifer B. Wriggins 2017 University of Maine School of Law

Constitution Day Lecture: Constitutional Law And Tort Law: Injury, Race, Gender, And Equal Protection, Jennifer B. Wriggins

Maine Law Review

The focus of today’s annual Constitution Day lecture at the University of Maine School of Law is on the Fourteenth Amendment and specifically how the Equal Protection Clause relates to tort law. First, I will talk about the Equal Protection Clause in general—what it says, and some of what it has been held to mean—particularly where government makes distinctions based on race and gender. Second, I will discuss two historical tort cases that violate equal protection on the basis of race. In doing so, I uncover the racial history of tort law that has been hidden in ...


Embracing Our First Responder Role As Academics - With Inspiration From Langston Hughes, Angela Mae Kupenda 2017 Mississippi College School of Law

Embracing Our First Responder Role As Academics - With Inspiration From Langston Hughes, Angela Mae Kupenda

Journal Articles

In the midst of the post-2016 political crisis, our role as academics is that of First Responders. In physical crises, like a fire, First Responders play an important role. They intentionally put themselves in harm’s way to fulfill an overarching purpose of helping others, even at their own risk. They strategically prepare, train, and work for years to prepare for this role in the midst of crisis. As academics who care about equality, we are First Responders.


"Sharing The Wealth": What Minorities Can Do To Help Themselves, Honorable Frank Torres 2017 St. John's University School of Law

"Sharing The Wealth": What Minorities Can Do To Help Themselves, Honorable Frank Torres

The Catholic Lawyer

No abstract provided.


Looking At Justice Through A Lens Of Healing And Reconnection, Annalise Buth, Lynn Cohn 2017 Northwestern Pritzker School of Law

Looking At Justice Through A Lens Of Healing And Reconnection, Annalise Buth, Lynn Cohn

Northwestern Journal of Law & Social Policy

No abstract provided.


Panel Discussion: Expanding Our Conception Of Justice, 2017 Northwestern University School of Law

Panel Discussion: Expanding Our Conception Of Justice

Northwestern Journal of Law & Social Policy

No abstract provided.


Police In America: Ensuring Accountability And Mitigating Racial Bias Feat. Professor Destiny Peery, 2017 Northwestern University School of Law

Police In America: Ensuring Accountability And Mitigating Racial Bias Feat. Professor Destiny Peery

Northwestern Journal of Law & Social Policy

No abstract provided.


Litigating Police Misconduct: Does The Litigation Process Matter? Does It Work?, 2017 Northwestern University School of Law

Litigating Police Misconduct: Does The Litigation Process Matter? Does It Work?

Northwestern Journal of Law & Social Policy

No abstract provided.


Police In America: Ensuring Accountability And Mitigating Racial Bias Feat. Paul Butler, 2017 Northwestern University School of Law

Police In America: Ensuring Accountability And Mitigating Racial Bias Feat. Paul Butler

Northwestern Journal of Law & Social Policy

No abstract provided.


Reforming The Ranks: Policy Initiatives To Ensure Police Accountability & Improve Police And Community Relations, 2017 Northwestern University School of Law

Reforming The Ranks: Policy Initiatives To Ensure Police Accountability & Improve Police And Community Relations

Northwestern Journal of Law & Social Policy

No abstract provided.


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