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1221 full-text articles. Page 1 of 41.

The Legacy Of Slavery And The Continued Marginalization Of Communities Of Color Within The Legal System, Julia N. Alvarez 2017 The Graduate Center, City University of New York

The Legacy Of Slavery And The Continued Marginalization Of Communities Of Color Within The Legal System, Julia N. Alvarez

All Graduate Works by Year: Dissertations, Theses, and Capstone Projects

The aim of this thesis paper is to demonstrate how the history of slavery in the United States continues to marginalize communities of color. The history of slavery in America was the result of various factors. Some of these factors included but were not limited to; economic, legal, and social. Slavery provided a reliable and self-reproducing workforce. The laws enacted during slavery ensured the continuation of the social order of the time. This social order was based on the generalized understanding that blacks were born into servitude. Those born into slavery were not given the same legal or economic status ...


Difficult Definitional Problems In Tax Administration: Religion And Race, Jerome Kurtz 2017 St. John's University School of Law

Difficult Definitional Problems In Tax Administration: Religion And Race, Jerome Kurtz

The Catholic Lawyer

No abstract provided.


Keep The Patels: How Culturally Competent Teamwork Can Alleviate The Law's Diversity Retention Problem, Danisha Brar 2017 United States Bankruptcy Court

Keep The Patels: How Culturally Competent Teamwork Can Alleviate The Law's Diversity Retention Problem, Danisha Brar

Concordia Law Review

In the midst of an argument with law school classmates, I once remarked that I felt simultaneously invisible as a woman of color, or more specifically as a South Asian woman. A well-intentioned friend offered consolation in the form of an assurance: she had never viewed me as not-white, and in fact had always thought of me as white. This statement was not intended to insult me—in fact, I immediately knew what she meant: she had always thought of me as a person first—her vision of me was free of any overt racism. But I did not want ...


Revenue Procedure On Racial And Ethnic Discrimination In Schools, Charles W. Rumph 2017 St. John's University School of Law

Revenue Procedure On Racial And Ethnic Discrimination In Schools, Charles W. Rumph

The Catholic Lawyer

No abstract provided.


In Solidarity, Musselman Library, Salma Monani, Sarah M. Principato, Dave Powell, Brent C. Talbot, Charles L. Weise, Bruce A. Larson, Scott Hancock, McKinley E. Melton, David S. Walsh, Jennifer Q. McCary, Kristina G. Chamberlin 2017 Gettysburg College

In Solidarity, Musselman Library, Salma Monani, Sarah M. Principato, Dave Powell, Brent C. Talbot, Charles L. Weise, Bruce A. Larson, Scott Hancock, Mckinley E. Melton, David S. Walsh, Jennifer Q. Mccary, Kristina G. Chamberlin

Next Page

This edition of Next Page is a departure from our usual question and answer format with a featured campus reader. Instead, we asked speakers who participated in the College’s recent Student Solidarity Rally (March 1, 2017) to recommend readings that might further our understanding of the topics on which they spoke.


Discriminatory Intent And Implicit Bias: Title Vii Liability For Unwitting Discrimination, Amelia M. Wirts 2017 Boston College Law School

Discriminatory Intent And Implicit Bias: Title Vii Liability For Unwitting Discrimination, Amelia M. Wirts

Boston College Law Review

Studies consistently show that African Americans face more employment scrutiny and negative employment actions than their white coworkers. Recognizing that much of the explicit racism of the twentieth century has given way to subtle and often unconscious discriminatory biases, this Note argues that current Title VII jurisprudence contains the tools and legal distinctions to provide legal redress for this implicit bias. Discriminatory intent, a requisite showing for plaintiffs bringing Title VII disparate treatment claims, should not be understood to require proof of a particular mental state. Instead, the current law should—and could—simply require that plaintiffs demonstrate a causal ...


The Racialization Of Juvenile Justice And The Role Of The Defense Attorney, Tamar R. Birckhead 2017 Yale Law School

The Racialization Of Juvenile Justice And The Role Of The Defense Attorney, Tamar R. Birckhead

Boston College Law Review

The existence of structural racism is not new. In fact, as the second decade of the twenty-first century comes to a close, there is evidence of a national political openness to acknowledging the phenomenon. This Article seizes upon this openness as it seeks to provide a fuller understanding of how structural racism operates within a branch of the criminal justice system that is often overlooked—the juvenile justice system. The Article offers a definition of racialization that acknowledges its multi-dimensional and fluid nature and the ways it is perpetuated via juvenile court rhetoric, processing, and procedure. It demonstrates how the ...


Race And Justice Outcomes: Contextualizing Racial Discrimination And Ferguson, Jason M. Williams 2017 Montclair State University

Race And Justice Outcomes: Contextualizing Racial Discrimination And Ferguson, Jason M. Williams

Ralph Bunche Journal of Public Affairs

While scores of literature may hint at the tumultuous relationship between the criminal justice system and Blacks, such literature, however, fail to assess, comprehensively, the intersectional purpose of present criminal justice processes and race. This paper will examine contemporary applications of justice along racial lines. It is argued that current justice outcomes are advantageous to the status quo. It is no secret that the American system of justice has a race problem; however, if the goal is to administer justice then, as this paper argues, the current system needs to be seriously examined and rebuilt. The paper also argues that ...


Slaves As Plaintiffs, Alfred L. Brophy 2017 University of North Carolina, Chapel Hill

Slaves As Plaintiffs, Alfred L. Brophy

Michigan Law Review

Review of Redemption Songs: Suing for Freedom Before Dred Scott by Lea VanderVelde.


The Racist Algorithm?, Anupam Chander 2017 University of California, Davis School of Law

The Racist Algorithm?, Anupam Chander

Michigan Law Review

Review of The Black Box Society: The Secret Algorithms That Control Money and Information by Frank Pasquale.


Post-Racialism And The End Of Strict Scrutiny, David Schraub 2017 University of California, Berkeley

Post-Racialism And The End Of Strict Scrutiny, David Schraub

Indiana Law Journal

In recent years, a growing social consensus has emerged around the aspiration of a “post-racial” America: one where race is no longer a fault line for social strife or, perhaps, a morally significant trait whatsoever. This ambition, however, lies in tension with the most basic constitutional principle governing our treatment of race in the public sphere: that of “strict scrutiny.” Post-racialism seeks to diminish the salience of race to near negligibility. The strict scrutiny of racial classifications, by contrast, significantly enhances the salience of race by treating it differently from virtually every other personal attribute or characteristic—including hair or ...


Bringing Racial Justice To The Courtroom And Community: Race Matters For Juvenile Justice And The Charlotte Model, Susan McCarter, Elisa Chinn-Gary, Louis A. Trosch, Jr., Ahmed Toure, Abraham Alsaeedi, Jennifer Harrington 2017 University of North Carolina Charlotte

Bringing Racial Justice To The Courtroom And Community: Race Matters For Juvenile Justice And The Charlotte Model, Susan Mccarter, Elisa Chinn-Gary, Louis A. Trosch, Jr., Ahmed Toure, Abraham Alsaeedi, Jennifer Harrington

Washington and Lee Law Review Online

This article describes regional institutional organizing efforts to bring racial justice to the Charlotte courts and community through a collaborative called Race Matters for Juvenile Justice (RMJJ). The authors explain community and institutional organizing in-depth using the example of minority overrepresentation in the juvenile justice system, but recognize the pervasiveness of racial and ethnic disparities. Moreover, as the Race Matters for Juvenile Justice-Charlotte Model has gained national prominence, many jurisdictions seek to replicate the collaborative and the authors, therefore, provide RMJJ’s history as well as strategies for changing the narrative through communication and education, workforce development, data and research ...


The Extraordinary Judicial Rebukes Of Trump's Travel Ban, John M. Greabe 2017 University of New Hampshire School of Law

The Extraordinary Judicial Rebukes Of Trump's Travel Ban, John M. Greabe

Legal Scholarship

[Excerpt] "President Trump's two executive orders suspending travel to the United States by refugees and foreign nationals from several Muslim-majority countries have been put on hold by a number of lower court federal judges.

Whatever might be said about the merits of these rulings, and regardless of whether they will be upheld in future appeals, they are extraordinary judicial rebukes of a sitting president."


The Negative Ramifications Of Hate Crime Legislation: It’S Time To Reevaluate Whether Hate Crime Laws Are Beneficial To Society, Briana Alongi 2017 Elisabeth Haub School of Law at Pace University

The Negative Ramifications Of Hate Crime Legislation: It’S Time To Reevaluate Whether Hate Crime Laws Are Beneficial To Society, Briana Alongi

Pace Law Review

Supporters of hate crime legislation suggest that the primary reason for the codification of hate crime laws is “to send a strong message of tolerance and equality, signaling to all members of society that hatred and prejudice on the basis of identity will be punished with extra severity.” However, hate crime laws may actually be accomplishing the opposite effect of tolerance and equality because they encourage U.S. citizens to view themselves, not as members of our society, but as members of a protected group. The enactment of hate crime legislation at the federal and state levels has led to ...


The Role Of The Courts And The Bar In Implementing Social Change, Hubert H. Humphrey 2017 St. John's University School of Law

The Role Of The Courts And The Bar In Implementing Social Change, Hubert H. Humphrey

The Catholic Lawyer

No abstract provided.


Test Case Litigation As A Source Of Significant Social Change, Richard A. Daynard 2017 St. John's University School of Law

Test Case Litigation As A Source Of Significant Social Change, Richard A. Daynard

The Catholic Lawyer

No abstract provided.


Bail Nullification, Jocelyn Simonson 2017 Brooklyn Law School

Bail Nullification, Jocelyn Simonson

Michigan Law Review

This Article explores the possibility of community nullification beyond the jury by analyzing the growing and unstudied phenomenon of community bail funds, which post bail for strangers based on broader beliefs regarding the overuse of pretrial detention. When a community bail fund posts bail, it can serve the function of nullifying a judge’s determination that a certain amount of the defendant’s personal or family money was necessary to ensure public safety and prevent flight. This growing practice—what this Article calls “bail nullification”—is powerful because it exposes publicly what many within the system already know to be ...


Newroom: Do Lord Remember Me: Black Church In Ri 02-21-2017, Roger Williams University School of Law 2017 Roger Williams University

Newroom: Do Lord Remember Me: Black Church In Ri 02-21-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Increased Franchising Opportunities For Minorities: Some Legal Options, Philip Harris, Frank J. Macchiarola 2017 St. John's University School of Law

Increased Franchising Opportunities For Minorities: Some Legal Options, Philip Harris, Frank J. Macchiarola

The Catholic Lawyer

No abstract provided.


Discrimination In Employment, Housing, And Education: Constitutional Concepts And Social Theories, Frederick D. Braid 2017 St. John's University School of Law

Discrimination In Employment, Housing, And Education: Constitutional Concepts And Social Theories, Frederick D. Braid

The Catholic Lawyer

No abstract provided.


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