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Proposed Federal Osha Standards For Wildfire Smoke, Keenan Layton 2020 Seattle University School of Law

Proposed Federal Osha Standards For Wildfire Smoke, Keenan Layton

Seattle Journal of Technology, Environmental & Innovation Law

No abstract provided.


Cowboys And Indians: Settler Colonialism And The Dog Whistle In U.S. Immigration Policy, Hannah Gordon 2020 University of Miami Law School

Cowboys And Indians: Settler Colonialism And The Dog Whistle In U.S. Immigration Policy, Hannah Gordon

University of Miami Law Review

The nineteenth-century Indian problem has become the twenty-first century border crisis. While the United States fancies itself a nation of immigrants, this rhetoric is impossible to square with the reality of the systematic exclusion of migrants of color. In particular, the Trump administration has taken the exclusion of migrants descended from the Indigenous inhabitants of Mexico and Central America to a reductio ad absurdum. This Note joins a body of scholarship that centers the history of genocide in the United States to examine what our settler colonial history means for today’s immigration law and policy. It concludes that the ...


Revitalizing Fourth Amendment Protections: A True Totality Of The Circumstances Test In § 1983 Probable Cause Determinations, Ryan Sullivan 2020 University of Nebraska-Lincoln

Revitalizing Fourth Amendment Protections: A True Totality Of The Circumstances Test In § 1983 Probable Cause Determinations, Ryan Sullivan

College of Law, Faculty Publications

The Article analyzes claims of police misconduct and false arrest, specifically addressing the issue of whether a police officer may ignore evidence of an affirmative defense, such as self-defense, when determining probable cause for an arrest. The inquiry most often arises in § 1983 civil claims for false arrest where the officer was aware of some evidence a crime had been committed, but was also aware of facts indicating the suspect had an affirmative defense to the crime observed. In extreme cases, the affirmative defense at issue is actually self-defense in response to the officer’s own unlawful conduct. As police ...


Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang 2020 University of Pennsylvania Law School

Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang

Faculty Scholarship at Penn Law

This article draws on novel data and presents the results of the first empirical analysis of how potentially salient characteristics of Court of Appeals judges influence precedential lawmaking on class certification under Rule 23. We find that the partisan composition of the panel (measured by the party of the appointing president) has a very strong association with certification outcomes, with all-Democratic panels having more than double the certification rate of all-Republican panels in precedential cases. We also find that the presence of one African American on a panel, and the presence of two females (but not one), is associated with ...


Who Tells Your Story: The Legality Of And Shift In Racial Preferences Within Casting Practices, Nicole Ligon 2020 William & Mary Law School

Who Tells Your Story: The Legality Of And Shift In Racial Preferences Within Casting Practices, Nicole Ligon

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


The Effects Of Rejecting Mind-Body Dualism On U.S. Law, Matthew W. Lawrence 2020 William & Mary Law School

The Effects Of Rejecting Mind-Body Dualism On U.S. Law, Matthew W. Lawrence

William & Mary Journal of Race, Gender, and Social Justice

While neuroscience continues to make it clearer that mental processes, effects, disorders, and states can be described through physical observation, the metaphysical notion of mind-body dualism still pervades the U.S. legal system. In this Article, I discuss many areas where mind-body dualism holds fast, and others where mind-body dualism has already been explicitly or impliedly rejected. I argue that in most areas, the dualist distinction would have little to no impact on the values the law already describes. However, I argue that rejecting dualism would have an impact on fundamental rights analyses. First Amendment free speech rights, fundamental rights ...


Stripped: Speech, Sex, Race, And Secondary Effects, Lisa Crooms-Robinson 2020 William & Mary Law School

Stripped: Speech, Sex, Race, And Secondary Effects, Lisa Crooms-Robinson

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Introduction, Dania Matos 2020 William & Mary Law School

Introduction, Dania Matos

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


In West Philadelphia Born And Raised Or Moving To Bel-Air? Racial Steering As A Consequence Of Using Race Data On Real Estate Websites, Nadiyah J. Humber 2020 University of California, Hastings College of the Law

In West Philadelphia Born And Raised Or Moving To Bel-Air? Racial Steering As A Consequence Of Using Race Data On Real Estate Websites, Nadiyah J. Humber

Hastings Race and Poverty Law Journal

Current fair housing laws are not entirely equipped to deal with issues of housing discrimination on the internet, particularly the practice of racial steering, where a homebuyer is directed away from certain communities based on racial demographics. Courts interpret these kind of steering claims as requiring a showing of discriminatory intent, yet the way people search for and buy homes online have changed how steering manifests in real estate transactions. Contemporary practices do not fit neatly within the current legal framework, which is why we must revolutionize the way we think about housing law.

This article examines real estate websites ...


Masthead, 2020 University of California, Hastings College of the Law

Masthead

Hastings Race and Poverty Law Journal

No abstract provided.


Editor In Chief: Foreword, Virginia Millacci 2020 University of California, Hastings College of the Law

Editor In Chief: Foreword, Virginia Millacci

Hastings Race and Poverty Law Journal

No abstract provided.


The Company Store And The Literally Captive Market: Consumer Law In Prisons And Jails, Stephen Raher 2020 University of California, Hastings College of the Law

The Company Store And The Literally Captive Market: Consumer Law In Prisons And Jails, Stephen Raher

Hastings Race and Poverty Law Journal

The growth of public expense associated with mass incarceration has led many carceral systems to push certain costs onto the people who are under correctional supervision. In the case of prisons and jails, this frequently takes the form of charges and fees associated with telecommunications, food, basic supplies, and access to information. Operation of these fee-based businesses (referred to here as “prison retail”) is typically outsourced to a private firm. In recent years, the dominant prison retail companies have consolidated into a handful of companies, mostly owned by private equity firms.

This paper explores the practices of prison retailers, and ...


And When Does The Black Church Get Political?: Responding In The Era Of Trump And Making The Black Church Great Again, Jonathan C. Augustine 2020 University of California, Hastings College of the Law

And When Does The Black Church Get Political?: Responding In The Era Of Trump And Making The Black Church Great Again, Jonathan C. Augustine

Hastings Race and Poverty Law Journal

The November 2018 midterm elections engaged more voters than any midterm election since World War I. Moreover, from a Black Church perspective, the midterm elections arguably engaged more constituent members in secular politics than any time since the Civil Rights Movement and the historic passage of the Voting Rights Act of 1965. If the axiom is true that, “For every action there is a reaction,” the series of actions that have been part of Donald J. Trump’s “Make America Great Again” narrative have been met with a reaction that is “Making the Black Church Great Again!”

This interdisciplinary Article ...


Transgender Rights: Shifting Strategies In A Changing Nation, Alex Binsfeld 2020 University of California, Hastings College of the Law

Transgender Rights: Shifting Strategies In A Changing Nation, Alex Binsfeld

Hastings Race and Poverty Law Journal

Transgender rights have only come to the forefront of public consciousness and US jurisprudence in the past couple of decades. During this time, the transgender rights movement has made large strides and was rapidly working toward the enshrinement of federal non-discrimination protections for the transgender community. However, recent political changes in the US have led to a federal effort to undo the decades of progress that transgender activists have made in advocating for the recognition of their rights.1 As a result of this changing political climate, the strategies used by transgender rights advocates must change if the movement is ...


Reevaluating Politicized Identity & Notions Of An American Political Community In The Legal & Political Process, Marvin L. Astrada JD, PhD 2020 New York University - Washington, D.C.

Reevaluating Politicized Identity & Notions Of An American Political Community In The Legal & Political Process, Marvin L. Astrada Jd, Phd

Indiana Journal of Law and Social Equality

No abstract provided.


O Brother Where Art Thou? The Struggles Of African American Men In The Global Economy Of The Information Age, Kenneth G. Dau-Schmidt 2020 Indiana University Maurer School of Law

O Brother Where Art Thou? The Struggles Of African American Men In The Global Economy Of The Information Age, Kenneth G. Dau-Schmidt

Indiana Journal of Law and Social Equality

No abstract provided.


Redefining Tribal Sovereignty For The Era Of Fundamental Rights, Michael Doran 2020 University of Virginia

Redefining Tribal Sovereignty For The Era Of Fundamental Rights, Michael Doran

Indiana Law Journal

This Article explains a longstanding problem in federal Indian law. For two centuries, the U.S. Supreme Court has repeatedly acknowledged the retained, inherent sovereignty of American Indian tribes. But more recently, the Court has developed the implicit-divestiture theory to deny tribal governments criminal and civil jurisdiction over nonmembers, even with respect to activities on tribal lands. Legal scholars have puzzled over this move from a territorial-based definition of tribal sovereignty to a membership-based definition; they have variously explained it as the Court’s abandonment of the foundational principles of Indian law, the product of the Court’s indifference or ...


Race, Rights, And The Representation Of Children, Barry Feld, Perry Moriearty 2020 University of Minnesota Law School

Race, Rights, And The Representation Of Children, Barry Feld, Perry Moriearty

American University Law Review

No abstract provided.


Do Abolitionism And Constitutionalism Mix?, Aya Gruber 2020 University of Colorado Law School

Do Abolitionism And Constitutionalism Mix?, Aya Gruber

Articles

No abstract provided.


Bibliography Of Journal And Law Review Articles Discussing Virgil Hawkins And His Legal And Social Impact, Paul J. McLaughlin 2020 Florida A&M University College of Law

Bibliography Of Journal And Law Review Articles Discussing Virgil Hawkins And His Legal And Social Impact, Paul J. Mclaughlin

Documents

No abstract provided.


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