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Diversity As A Trade Secret, Jamillah Bowman Williams 2019 Georgetown University Law Center

Diversity As A Trade Secret, Jamillah Bowman Williams

Georgetown Law Faculty Publications and Other Works

When we think of trade secrets, we often think of famous examples such as the Coca-Cola formula, Google’s algorithm, or McDonald’s special sauce used on the Big Mac. However, companies have increasingly made the novel argument that diversity data and strategies are protected trade secrets. This may sound like an unusual, even suspicious, legal argument. Many of the industries that dominate the economy in wealth, status, and power continue to struggle with a lack of diversity. Various stakeholders have mobilized to improve access and equity, but there is an information asymmetry that makes this pursuit daunting. When potential ...


The Challenges Of Multiplicity, Jennifer Nedelsky 2019 Selected Works

The Challenges Of Multiplicity, Jennifer Nedelsky

Jennifer Nedelsky

A Review of Inessential Woman: Problems of Exclusion in Feminist Thought by Elizabeth V. Spelman


Windsor, Surrogacy, And Race, Khiara M. Bridges 2019 Selected Works

Windsor, Surrogacy, And Race, Khiara M. Bridges

Khiara M Bridges

Scholars and activists interested in racial justice have long been opposed to surrogacy arrangements, wherein a couple commissions a woman to become pregnant, give birth to a baby, and surrender the baby to the couple to raise as its own. Their fear has been that surrogacy arrangements will magnify racial inequalities inasmuch as wealthy white people will look to poor women of color to carry and give birth to the white babies that the couples covet. However, perhaps critical thinkers about race should reconsider their contempt for surrogacy following the Supreme Court’s recent decision in United States v. Windsor ...


Excavating Race-Based Disadvantage Among Class-Privileged People Of Color, Khiara Bridges 2019 Boston Univeristy School of Law

Excavating Race-Based Disadvantage Among Class-Privileged People Of Color, Khiara Bridges

Khiara M Bridges

The aim of this article is to begin to theorize the fraught space within which class-privileged racial minorities exist — the disadvantage within their privilege. The article posits that the invisibility of the racial subordination of wealthier people of color (that is, their marginalization on account of their race) is fertile soil for the germination of post-racialism — the sense that we, as a nation, have overcome our racial problems. The dramatic visibility of the minority poor’s suffering, combined with the relative invisibility of the suffering of those minorities who are not poor, breeds the belief that class is now the ...


Class-Based Affirmative Action, Or The Lies That We Tell About The Insignificance Of Race, Khiara Bridges 2019 Boston Univeristy School of Law

Class-Based Affirmative Action, Or The Lies That We Tell About The Insignificance Of Race, Khiara Bridges

Khiara M Bridges

This Article conducts a critique of class-based affirmative action, identifying and problematizing the narrative that it tells about racial progress. The Article argues that class-based affirmative action denies that race is a significant feature of American life. It denies that individuals - and groups - continue to be advantaged and disadvantaged on account of race. It denies that there is such a thing called race privilege that materially impacts people’s worlds. Moreover, this Article suggests that at least part of the reason why class-based affirmative action has been embraced by those who oppose race-based affirmative action is precisely because it denies ...


“I Almost Quit”: Exploring The Prevalence Of The Ferguson Effect In Two Small Sized Law Enforcement Agencies In Rural Southcentral Virginia, Joshua L. Adams 2019 Liberty University

“I Almost Quit”: Exploring The Prevalence Of The Ferguson Effect In Two Small Sized Law Enforcement Agencies In Rural Southcentral Virginia, Joshua L. Adams

The Qualitative Report

Recent negatively publicized police-citizen interactions in the media, followed by a subsequent de-policing of police in the United States, has been named the Ferguson Effect. The Ferguson Effect has been explored by prominent scholars in the criminal justice community; however, little is known about how police officers in small rural police agencies perceive the Ferguson Effect. The purpose of this qualitative phenomenological study was to explore the perceptions and lived experiences of police officers regarding the Ferguson Effect in small rural police agencies, as well as police officers’ perceptions of their own organizational justice. Organizational justice theory was utilized as ...


Community Economic Development Strategies In The New Millennium: Key Advantages Of Community Benefits Agreements In Urban Mega-Projects, Andy Carr 2019 University of California, Hastings College of the Law

Community Economic Development Strategies In The New Millennium: Key Advantages Of Community Benefits Agreements In Urban Mega-Projects, Andy Carr

Hastings Race and Poverty Law Journal

No abstract provided.


The Real Anchor Babies: How Our Family Reunification Process Fails Refugee Women And Children & How We Can Do Better, Leanna Marie Sac 2019 University of California, Hastings College of the Law

The Real Anchor Babies: How Our Family Reunification Process Fails Refugee Women And Children & How We Can Do Better, Leanna Marie Sac

Hastings Race and Poverty Law Journal

No abstract provided.


Death In The Shadows, Mary Campbell Dr., Lucille Jewel 2019 University of California, Hastings College of the Law

Death In The Shadows, Mary Campbell Dr., Lucille Jewel

Hastings Race and Poverty Law Journal

This paper is about the law and visual culture. Its centerpiece is Parson Weems’ Fable (1939) (fig.1), a painting by the American artist Grant Wood (1891-1942) that depicts the apocryphal story of George Washington and the cherry tree. At first glance, Wood’s image appears to celebrate an enduring myth of American virtue, namely Washington’s precocious inability to tell a lie. Studying the picture more closely, however, one finds a pair of black figures, presumably two of the Washingtons’ slaves. Stationed beneath dark storm clouds and harvesting cherries from a second tree, these slaves invoke yet another national ...


Chinese American Responses To The Japanese American Internment And Incarceration, Jeremy Chan 2019 University of California, Hastings College of the Law

Chinese American Responses To The Japanese American Internment And Incarceration, Jeremy Chan

Hastings Race and Poverty Law Journal

No abstract provided.


The Criminal Justice Standard For Determining Whether Police Officers Used Excessive Force: A Validation Of White Supremacy, María G. López Segoviano 2019 University of California, Hastings College of the Law

The Criminal Justice Standard For Determining Whether Police Officers Used Excessive Force: A Validation Of White Supremacy, María G. López Segoviano

Hastings Race and Poverty Law Journal

No abstract provided.


The Brandeis Thought Experiment: A Reflection On The Elimination Of Racial Bias In The Legal System, Patrick C. Brayer 2019 University of California, Hastings College of the Law

The Brandeis Thought Experiment: A Reflection On The Elimination Of Racial Bias In The Legal System, Patrick C. Brayer

Hastings Race and Poverty Law Journal

No abstract provided.


Necessary But Not Sufficient: Two Case Studies Of Government Apologies Failing To Bring Closure, Frank H. Wu 2019 University of California, Hastings College of the Law

Necessary But Not Sufficient: Two Case Studies Of Government Apologies Failing To Bring Closure, Frank H. Wu

Hastings Race and Poverty Law Journal

No abstract provided.


Complicated Lives: Free Blacks In Virginia, 1619-1865, Sherri L. Burr 2019 University of New Mexico School of Law

Complicated Lives: Free Blacks In Virginia, 1619-1865, Sherri L. Burr

Faculty Book Display Case

Would the United States have developed differently if Virginia had not passed a law in 1670 proclaiming all subsequently arriving Africans as servants for life, or slaves? What if the state had not stripped all Free Blacks and Indians of voting rights in 1723, or outlawed interracial sex for 337 years?

Complicated Lives upends the pervasive belief that all Africans landing on the shores of Virginia beginning in late August 1619, became slaves. In reality, many of these kidnap victims received the status of indentured servants. Indeed, hundreds of thousands of free African Americans in the South and North owned ...


Masthead, 2019 University of California, Hastings College of the Law

Masthead

Hastings Race and Poverty Law Journal

No abstract provided.


Legal Inequality: Law, The Legal System, And The Lessons Of The Black Experience In America, William Y. Chin 2019 University of California, Hastings College of the Law

Legal Inequality: Law, The Legal System, And The Lessons Of The Black Experience In America, William Y. Chin

Hastings Race and Poverty Law Journal

No abstract provided.


Roots Of Revolution: The African National Congress And Gay Liberation In South Africa, Joseph S. Jackson 2019 Brooklyn Law School

Roots Of Revolution: The African National Congress And Gay Liberation In South Africa, Joseph S. Jackson

Brooklyn Journal of International Law

South Africa’s post-apartheid constitutions were the first in the world to contain an explicit prohibition of discrimination on grounds of sexual orientation, and that prohibition established the foundation for marriage equality and broad judicial and legislative protection of gay rights in South Africa. The source of this gay rights clause in the South African Constitution can be found in the African National Congress’s decision to include such a clause in the ANC’s A Bill of Rights for a New South Africa, published when the apartheid government of South Africa was still in power. This article traces the ...


Measuring Diversity In The Adr Field: Some Observations And Challenges Regarding Transparency, Metrics And Empirical Research, Maria R. Volpe 2019 Pepperdine University

Measuring Diversity In The Adr Field: Some Observations And Challenges Regarding Transparency, Metrics And Empirical Research, Maria R. Volpe

Pepperdine Dispute Resolution Law Journal

This article, which will address some observations and challenges of measuring diversity in the dispute resolution field, grows out of an invitation from Nancy Welsh to give a presentation at Texas A&M University Law School’s conference focusing on transparency, metrics, and empirical research. The theme of the conference provided a reminder not only about the necessity but also the urgency to deepen our thinking regarding diversity and inclusivity among dispute resolution neutrals by giving greater attention to the metrics needed for transparency and a better understanding of the field. What this article will illustrate is that the search ...


Embracing Race-Conscious College Admissions Programs: How Fisher V. University Of Texas At Austin Redefines "Affirmative Action" As A Holistic Approach To Admissions That Ensures Equal, Not Preferential, Treatment, Nancy L. Zisk 2019 Charleston School of Law

Embracing Race-Conscious College Admissions Programs: How Fisher V. University Of Texas At Austin Redefines "Affirmative Action" As A Holistic Approach To Admissions That Ensures Equal, Not Preferential, Treatment, Nancy L. Zisk

Nancy L. Zisk

In Fisher v. University of Texas at Austin, the United States Supreme Court affirmed well-established Supreme Court doctrine that race may be considered when a college or university decides whom to admit and whom to reject, as long as the consideration of race is part of a narrowly tailored holistic consideration of an applicant's many distinguishing features. The Court's latest decision heralds a new way of thinking about holistic race-conscious admissions programs. Rather than considering them as "affirmative action" plans that prefer any one applicant to the disadvantage of another, they should be viewed as the Court has ...


Shelby County And Local Governments: A Case Study Of Local Texas Governments Diluting Minority Votes, Sydnee Fielkow 2019 Northwestern Pritzker School of Law

Shelby County And Local Governments: A Case Study Of Local Texas Governments Diluting Minority Votes, Sydnee Fielkow

Northwestern Journal of Law & Social Policy

No abstract provided.


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