Postracial Remedies, 2016 University of Michigan
Postracial Remedies, Derrick Darby, Richard E. Levy
University of Michigan Journal of Law Reform
The Supreme Court’s equal protection jurisprudence is decidedly postracial. The Court has restricted the Equal Protection Clause to intentional discrimination by the government, concluding that the Constitution does not prohibit private acts of discrimination and rejecting challenges based on disparate impact, even when rigorous statistical analysis indicates that race is likely a factor. It has held that remedying the effects of past societal discrimination is an insufficient basis for race-specific remedies such as affirmative action. It has also ended remedies of this sort designed to combat previous state-sponsored racial discrimination, such as court-ordered desegregation measures in the schools and the …
Black Boys Matter: Developmental Equality, 2016 University of Florida Levin College of Law
Black Boys Matter: Developmental Equality, Nancy E. Dowd
Hofstra Law Review
The life course of Black boys is a stark reminder of the realities of inequality. While recent attention to policing and high profile deaths of Black youth and adults has raised consciousness of life-threatening situations, this focus exposes the most visceral and deadly aspect of a much larger set of issues. Those issues begin at birth, and are powerfully framed before adulthood, creating inequality particularly when the individual is most vulnerable, in childhood. This Article confronts the inequalities of Black boys and their subordination, as a vehicle to expose inequalities more generally based on children’s identities. The life course of …
Reserved Election: Boost For Multiracialism?, 2016 Singapore Management University
Reserved Election: Boost For Multiracialism?, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Singapore is on the threshold of the most significant re-engineering to its constitutional architecture since the introduction of the Elected Presidency (EP) in 1991.
Education Rights And Wrongs: Publicly Funded Vouchers, State Consitutions, And Education Death Spirals, 2016 Cornell Law School
Education Rights And Wrongs: Publicly Funded Vouchers, State Consitutions, And Education Death Spirals, Michael Heise
Michael Heise
No abstract provided.
Colonialism And Constitutional Memory, 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 …
A Bronx Tale: Disposable People, The Legacy Of Slavery, And The Social Death Of Kalief Browder, 2016 University of Miami School of Law
A Bronx Tale: Disposable People, The Legacy Of Slavery, And The Social Death Of Kalief Browder, D. Marvin Jones
University of Miami Race & Social Justice Law Review
No abstract provided.
Law Enforcement And White Power: An F.B.I. Report Unraveled, 41 T. Marshall L. Rev. 103 (2015), 2016 John Marshall Law School
Law Enforcement And White Power: An F.B.I. Report Unraveled, 41 T. Marshall L. Rev. 103 (2015), Samuel Vincent Jones
Samuel V. Jones
Because of intensifying civil strife over the recent killings of unarmed Black men, women, and boys, many Americans are wondering, “What's wrong with our police?” Remarkably, one of the most compelling but unexplored explanations may rest with an FBI warning of October, 2006, which reported that “[W]hite supremacist infiltration of law enforcement” represented a significant national threat.
The Incongruous Intersection Of The Black Panther Party And The Ku Klux Klan, 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, 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, 2016 Drake University Law School
Branded: Trademark Tattoos, Slave Owner Brands, And The Right To Have "Free" Skin, Shontavia Johnson
Michigan Telecommunications & 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 …
Newsroom: Horwitz On Marijuana Legalization 7/15/2016, 2016 Wallethub
Newsroom: Horwitz On Marijuana Legalization 7/15/2016, John S. Kiernan, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
How We Move Beyond Dallas, 2016 William & Mary Law School
How We Move Beyond Dallas, Spencer Overton, Kami Chavis
Popular Media
Calls for healing and reconciliation in the wake of recent racial violence overlook the substantive, concrete steps that experts say would help forestall the next police tragedy.
Trending @ Rwu Law: Dean Yelnosky's Post: America's Cycle Of Violence 7-8-16, 2016 Roger Williams University School of Law
Trending @ Rwu Law: Dean Yelnosky's Post: America's Cycle Of Violence 7-8-16, Michael Yelnosky
Law School Blogs
No abstract provided.
Newsroom: Seeking A Balance: Judicial Diversity In Ri 7/7/2016, 2016 Roger Williams University School of Law
Newsroom: Seeking A Balance: Judicial Diversity In Ri 7/7/2016, Michael M. Bowden, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Killing Two Achievements With One Stone: The Intersectional Impact Of Shelby County On The Rights To Vote And Access High Performing Schools, 2016 UC Law SF
Killing Two Achievements With One Stone: The Intersectional Impact Of Shelby County On The Rights To Vote And Access High Performing Schools, Steven L. Nelson
UC Law Journal of Race and Economic Justice
The Civil Rights Movement sought to ensure access to the right to vote and to quality education. Although these two pursuits are historically inseparable, scholars have addressed education and voting rights as separate struggles within one movement. This Article addresses the intersection of educational equity and voting rights by assessing the role of the Supreme Court’s decision in Shelby County v. Holder on Black voters’ ability to participate in the politics of education and educational policy via school board selection processes. This Article argues that the Court’s decision in Shelby County restricted access to political participation for Black voters in …
The Fourth Sector: Creating A For-Profit Social Enterprise Sector To Directly Combat The Lack Of Social Mobility In Marginalized Communities, 2016 UC Law SF
The Fourth Sector: Creating A For-Profit Social Enterprise Sector To Directly Combat The Lack Of Social Mobility In Marginalized Communities, Carlos Jurado
UC Law Journal of Race and Economic Justice
The United States is currently facing record high rates of income inequality and, as a result, there is a general lack of social mobility. This is troublesome for Americans because of the potential disastrous implications for the United States economy. The current state of the American market has enabled an environment where a few elite continue to hoard large amounts of the profits generated by the economy while the lower class has experienced a substantial growth in population with incomparable economic growth. In addition, the middle class has significantly diminished and can soon be rendered ineffective in its role as …
Fortitude In The Face Of Adversity: Delta Sigma Theta’S History Of Racial Uplift, 2016 UC Law SF
Fortitude In The Face Of Adversity: Delta Sigma Theta’S History Of Racial Uplift, Gregory S. Parks, Marcia Hernandez
UC Law Journal of Race and Economic Justice
The common narrative about the African-American quest for social justice and civil rights during the 20th century consists, largely, of men and women working through
organizations to bring about change. The typical list of organizations includes, inter alia, the National Association for the Advancement of Colored People, the National Urban League, the Southern Christian Leadership Conference, and the Student Nonviolent Coordinating Committee. African- American collegiate-based sororities are almost never included in this list. Nevertheless, at the turn of the 20th century, a small group of organizations founded on personal excellence sparked the development and sustaining of fictive-kinship ties and racial …
Niños, Niñas Y Adolescentes In Guatemala: Reflections On The Implementation Of The Ley Pina, 2016 UC Law SF
Niños, Niñas Y Adolescentes In Guatemala: Reflections On The Implementation Of The Ley Pina, Stacy Kowalski
UC Law Journal of Race and Economic Justice
This Note examines Guatemala’s Ley de Protección Integral de la Niñez y Adolescencia (Law for the Comprehensive Protection of Children and Adolescents, or Ley PINA) and analyzes why this law has not effectively protected the rights of children and adolescents, within the context of historical and structural violence, which contribute to a lack of prioritization of youth in Guatemala. In 2014, the United States experienced a large influx of unaccompanied minors fleeing primarily from Guatemala, Honduras, and El Salvador. A delegate of attorneys and law students traveled to Guatemala to interview child advocates, including government officials, and representatives of non-governmental …
On Empathy, 2016 Boston University School of Law
On Empathy, Ronald E. Wheeler
Faculty Scholarship
Professor Wheeler discusses the deadly mass shooting of June 12, 2016, in Orlando, Florida, and his belief that more empathy is needed in the world. Wheeler then relates, through personal anecdotes, his own journey toward empathy. He concedes that there is no recipe for empathy, but believes that sharing personal stories can spur conversation, thinking, and collective action.
Societal Connection Between Blackness And Criminality Leads To Violence Against Innocent, 2016 West Chester University of Pennsylvania
Societal Connection Between Blackness And Criminality Leads To Violence Against Innocent, Casey Bohrman
Casey Bohrman
No abstract provided.