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The Legacy Of Slavery, Cognitive Shortcuts, And Biased News: The Mass Media’S Vilification Of Black Males And The Resulting “Reasonableness” Of Excessive Force By Law Enforcement, Janyl Relling Smith 2018 University of Miami Law School

The Legacy Of Slavery, Cognitive Shortcuts, And Biased News: The Mass Media’S Vilification Of Black Males And The Resulting “Reasonableness” Of Excessive Force By Law Enforcement, Janyl Relling Smith

University of Miami Race & Social Justice Law Review

No abstract provided.


A Monumental Undertaking – Tackling Vestiges Of The Confederacy In The Florida Landscape, Juanita Solis 2018 University of Miami Law School

A Monumental Undertaking – Tackling Vestiges Of The Confederacy In The Florida Landscape, Juanita Solis

University of Miami Race & Social Justice Law Review

Symbols of the Confederacy have been a volatile topic across the country as recent events have spurred new resistance to their display. Part I of this note provides a brief introduction into the current controversy surrounding Confederate monuments in the United States, with a particular emphasis on the erected memorials in the Florida landscape. Part II argues that Confederate monuments were mainly erected with the intention of advancing racial subordination during time periods in American history where black Americans resisted white supremacy. As shown by the events that followed right–wing violence in both South Carolina and Virginia, this note ...


Section 5'S Forgotten Years: Congressional Power To Enforce The Fourteenth Amendment Before Katzenbach V. Morgan, Christopher W. Schmidt 2018 Northwestern Pritzker School of Law

Section 5'S Forgotten Years: Congressional Power To Enforce The Fourteenth Amendment Before Katzenbach V. Morgan, Christopher W. Schmidt

Northwestern University Law Review

Few decisions in American constitutional law have frustrated, inspired, and puzzled more than Katzenbach v. Morgan. Justice Brennan’s 1966 opinion put forth the seemingly radical claim that Congress—through its power, based in Section 5 of the Fourteenth Amendment, to “enforce, by appropriate legislation,” the rights enumerated in that Amendment—shared responsibility with the Court to define the meaning of Fourteenth Amendment rights. Although it spawned a cottage industry of scholarship, this claim has never been fully embraced by a subsequent Supreme Court majority, and in City of Boerne v. Flores, the Supreme Court rejected the heart of the ...


Digging Them Out Alive, Michael Millemann, Rebecca Bowman Rivas, Elizabeth Smith 2018 University of Maryland Francis King Carey School of Law

Digging Them Out Alive, Michael Millemann, Rebecca Bowman Rivas, Elizabeth Smith

Faculty Scholarship

From 2013-2018, we taught a collection of interrelated law and social work clinical courses, which we call “the Unger clinic.” This clinic was part of a major, multi-year criminal justice project, led by the Maryland Office of the Public Defender. The clinic and project responded to a need created by a 2012 Maryland Court of Appeals decision, Unger v. State. It, as later clarified, required that all Maryland prisoners who were convicted by juries before 1981—237 older, long-incarcerated prisoners—be given new trials. This was because prior to 1981 Maryland judges in criminal trials were required to instruct the ...


Rwu Law News: The E-Newsletter Of Roger Williams University School Of Law September 2018, Roger Williams University School of Law 2018 Roger Williams University

Rwu Law News: The E-Newsletter Of Roger Williams University School Of Law September 2018, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


The Politics Of Wounds, Jonathan Nash 2018 The University of Western Ontario

The Politics Of Wounds, Jonathan Nash

Electronic Thesis and Dissertation Repository

What configuration of strategies and discourses enable the white male and settler body politic to render itself as simultaneously wounded and invulnerable? I contextualize this question by reading the discursive continuities between Euro-America’s War on Terror post-9/11 and Algeria’s War for Independence. By interrogating political-philosophical responses to September 11, 2001 beside American rhetoric of a wounded nation, I argue that white nationalism, as a mode of settler colonialism, appropriates the discourses of political wounding to imagine and legitimize a narrative of white hurt and white victimhood; in effect, reproducing and hardening the borders of the nation-state. Additionally ...


Intellectual Property, Income Inequality, And Societal Interconnectivity In The United States: Social Calculus And The Historical Distribution Of Wealth, Brenda Reddix-Smalls 2018 North Carolina Central University School of Law

Intellectual Property, Income Inequality, And Societal Interconnectivity In The United States: Social Calculus And The Historical Distribution Of Wealth, Brenda Reddix-Smalls

North Carolina Central University Science & Intellectual Property Law Review

Scant attention has been paid to the historical trajectory and effect of the United States’ intellectual property regimes—patenting, copyrighting, and trademarking—as devices which implement racialized property grants and further income and social inequality. This article focuses on just that and argues that the United States Constitution was designed as a property-based and economically-driven social compact which identifies intellectual property interests through a racialized lens. From this view, it is further argued that the Intellectual Property Clause, which itself was designed to incentivize invention and innovation, protected the racialized property interests of the governing elites of the newly established ...


The Legal Foundations Of White Supremacy, Erika Wilson 2018 University of North Carolina at Chapel Hill

The Legal Foundations Of White Supremacy, Erika Wilson

DePaul Journal for Social Justice

No abstract provided.


Guest Editors' Introduction To The Special Issue, Diversity In Aquatics, Angela K. Beale-Tawfeeq, Steven N. Waller Ph.D., Austin Anderson 2018 Rowan University

Guest Editors' Introduction To The Special Issue, Diversity In Aquatics, Angela K. Beale-Tawfeeq, Steven N. Waller Ph.D., Austin Anderson

International Journal of Aquatic Research and Education

This is the introductory editorial leading off the special issue, "Diversity in Aquatics."


Sanctuary Cities And The Trump Administration: The Practical Limits Of Federal Power, Joshua W. Dansby 2018 The George Washington University Law School

Sanctuary Cities And The Trump Administration: The Practical Limits Of Federal Power, Joshua W. Dansby

The Scholar: St. Mary's Law Review on Race and Social Justice

On January 25, 2017, President Donald J. Trump signed an executive order with the supposed purpose of enhancing public safety of the interior of the United States. Part of the Administration’s plan includes threatening “sanctuary jurisdictions,” also known as “sanctuary cities,” with the loss of federal funds for failing to comply with federal law, specifically 8 U.S.C. § 1373.

There are several problems with this plan: (1) there is no solid definition for what makes a city a “sanctuary;” (2) if we accept the Administration’s allusion that a sanctuary jurisdiction is one that “willfully” refuses to comply ...


Effects Of Senate Bill 4 On Wage-Theft: Why All Workers Are At Risk In Low-Income Occupations, Daniella Salas-Chacon 2018 St. Mary's University School of Law

Effects Of Senate Bill 4 On Wage-Theft: Why All Workers Are At Risk In Low-Income Occupations, Daniella Salas-Chacon

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming


Undocumented Crime Victims: Unheard, Unnumbered, And Unprotected, Pauline Portillo 2018 St. Mary's University School of Law

Undocumented Crime Victims: Unheard, Unnumbered, And Unprotected, Pauline Portillo

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming


The Wealth Gap And The Racial Disparities In The Startup Ecosystem, Lynnise E. Pantin 2018 Boston College Law School

The Wealth Gap And The Racial Disparities In The Startup Ecosystem, Lynnise E. Pantin

Boston College Law School Faculty Papers

Although much attention has been given to structural inequality as it manifests in the criminal justice context, little has been said about economic inequality as it relates to the startup ecosystem. This Article details how the historic creation of the wealth gap affects entrepreneurship, highlighting how the wealth gap adversely impacts entrepreneurs of color. Entrepreneurship is a compelling solution to wealth inequality, but wealth inequality can be an impediment to success in entrepreneurship. This Article explains how the United States’ history of bolstering wealth creation for some, while inhibiting wealth creation for people of color, matters for understanding the startup ...


Straddling The Liminal Space Section 810.01(3) Recognizance: Preventative Justice Or Preventing Justice, Rebecca L. Louis 2018 McGill University Faculty of Law

Straddling The Liminal Space Section 810.01(3) Recognizance: Preventative Justice Or Preventing Justice, Rebecca L. Louis

Western Journal of Legal Studies

This paper inquires into the constitutionality of the section 810.01 "fear of terrorism" offence that was introduced into the Criminal Code under the Anti-Terrorism Act, 2015 amendments. Ordinarily, criminal justice and sentencing intersect at the punishment of offenders for crimes they have committed. However, post 9/11, in reaction to the fear of terrorism, the focus has shifted from punishing past crimes to crime prevention. That is, certain preventative measures may be imposed in the absence of a charge, trial or conviction. Arguably, the power to detain or control the movements of persons without charging them challenges the so-called ...


Segregation Now, Segregation Tomorrow, Segregation Forever?, Elizabeth K. Julian 2018 University of Minnesota Law School

Segregation Now, Segregation Tomorrow, Segregation Forever?, Elizabeth K. Julian

Law & Inequality: A Journal of Theory and Practice

No abstract provided.


Does The African American Need Separate Charter Schools?, Julian Vasquez Heilig, Steven Nelson, Matt Kronzer 2018 University of Minnesota Law School

Does The African American Need Separate Charter Schools?, Julian Vasquez Heilig, Steven Nelson, Matt Kronzer

Law & Inequality: A Journal of Theory and Practice

No abstract provided.


The Persistence Of Segregation In The 21st Century, Paul A. Jargowsky 2018 University of Minnesota Law School

The Persistence Of Segregation In The 21st Century, Paul A. Jargowsky

Law & Inequality: A Journal of Theory and Practice

No abstract provided.


The Summit For Civil Rights: Mission, Structure, And Initial Outcomes, Myron Orfield, William Stancil 2018 University of Minnesota Law School

The Summit For Civil Rights: Mission, Structure, And Initial Outcomes, Myron Orfield, William Stancil

Law & Inequality: A Journal of Theory and Practice

No abstract provided.


50 Years Later—The State Of Civil Rights And Opportunity In America, Catherine E. Lhamon 2018 University of Minnesota Law School

50 Years Later—The State Of Civil Rights And Opportunity In America, Catherine E. Lhamon

Law & Inequality: A Journal of Theory and Practice

Abridged Transcript, The Summit for Civil Rights, November 9, 2017


A Conversation On Learning From The History Of The Civil Rights Movement, Walter F. Mondale 2018 University of Minnesota Law School

A Conversation On Learning From The History Of The Civil Rights Movement, Walter F. Mondale

Law & Inequality: A Journal of Theory and Practice

Introduction & Abridged Transcript, The Summit for Civil Rights, November 10, 2017


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