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Undocumented Citizens Of The United States: The Repercussions Of Denying Birth Certificates, Anna L. Lichtenberger 2018 St. Mary's University School of Law

Undocumented Citizens Of The United States: The Repercussions Of Denying Birth Certificates, Anna L. Lichtenberger

St. Mary's Law Journal

Abstract forthcoming


Finality Of A Conviction: A Noncitizen's Right To Procedural Due Process, Daniela Mondragon 2018 St. Mary's University

Finality Of A Conviction: A Noncitizen's Right To Procedural Due Process, Daniela Mondragon

St. Mary's Law Journal

Abstract forthcoming


Excavating Race-Based Disadvantage Among Class-Privileged People Of Color, Khiara Bridges 2018 Boston Univeristy School of Law

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

Faculty Scholarship

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 Houses: Fragility And Disunity In The Ranks Of Academe Or Democratizing The Future Of Legal Education According To The Vision Of Ivan Illich, Monica Teixeira de Sousa 2018 University of California, Hastings College of the Law

Class Houses: Fragility And Disunity In The Ranks Of Academe Or Democratizing The Future Of Legal Education According To The Vision Of Ivan Illich, Monica Teixeira De Sousa

Hastings Race and Poverty Law Journal

No abstract provided.


Building A Fair And Just New York: Decriminalize Transactional Sex, Frankie Herrmann 2018 University of California, Hastings College of the Law

Building A Fair And Just New York: Decriminalize Transactional Sex, Frankie Herrmann

Hastings Race and Poverty Law Journal

No abstract provided.


Moving Forward After Daca: Student Stories And Town Hall, Hastings Race and Poverty Law Journal 2018 University of California, Hastings College of the Law

Moving Forward After Daca: Student Stories And Town Hall, Hastings Race And Poverty Law Journal

Hastings Race and Poverty Law Journal

No abstract provided.


How Defendant Characteristics Affect Sentencing And Conviction In The Us, Payton Kuenzli 2018 University of Central Florida

How Defendant Characteristics Affect Sentencing And Conviction In The Us, Payton Kuenzli

Honors in the Major Theses

This research study analyzes whether or not there is any relationship between sentencing and conviction and certain defendant characteristics in the US legal system. In the midst of a time where the nation is strongly divided politically, the topic is often the center of research projects and discussions in academic journals. Specifically, this research explores the 3 characteristics- race, gender, and socioeconomic status. Within this article, multiple case studies from other journals are cited in which research and experiments have suggested that these factors do have influence on both whether or not a defendant gets convicted or for how long ...


Indefinite Detention, Colonialism, And Settler Prerogative In The United States, Natsu Taylor Saito 2018 Georgia State University College of Law

Indefinite Detention, Colonialism, And Settler Prerogative In The United States, Natsu Taylor Saito

Faculty Publications By Year

The primacy accorded individual civil and political rights is often touted as one of the United States' greatest achievements. However, mass incarcerations of indefinite duration have occurred consistently throughout U.S. history and have primarily targeted people of color. The dominant narrative insists that the United States is a political democracy and portrays each instance of indefinite detention in exceptionalist terms. This essay argues that the historical patterns of indefinite detention are better explained by recognizing the United States as a settler colonial state whose claimed prerogative to expand its territorial reach and contain/control populations over which it exercises ...


Review Of The Fight For Fair Housing: Causes, Consequences And Future Implications Of The 1968 Federal Fair Housing Act, Tim Iglesias 2017 University of San Francisco, School of Law

Review Of The Fight For Fair Housing: Causes, Consequences And Future Implications Of The 1968 Federal Fair Housing Act, Tim Iglesias

Tim Iglesias

This is a book review of The Fight for Fair Housing: Causes, Consequences and Future Implications of the 1968 Federal Fair Housing Act  ed. Gregory D. Squires (Routledge 2018).
In addition to summarizing and evaluating all 15 chapters this review highlights the two major contributions of the volume: (1) Some chapters (especially chapters 10, 11, 13, and 15) begin to articulate an argument that effective implementation of fair housing law is not just good for members of protected classes but valuable for everyone because it can help markets work better, promote democracy, and expand opportunity for all; (2) the chapters ...


Threading The Needle Of Fair Housing Law In A Gentrifying City With A Legacy Of Discrimination, Tim Iglesias 2017 University of San Francisco, School of Law

Threading The Needle Of Fair Housing Law In A Gentrifying City With A Legacy Of Discrimination, Tim Iglesias

Tim Iglesias

This essay tells the story of an extended and complex conflict between San Francisco and HUD and the creative solution that emerged from their negotiations. The conflict concerned the application of a community preference to a proposed senior housing development that would be located in a traditional African American neighborhood in San Francisco and its potential violation of federal fair housing law. After a brief background discussion of some of the policy and legal issues raised by community preferences, the essay tells the story of the conflict and its resolution. The essay concludes with reflections on the potential value of ...


Reflections On Presumed Incompetent: The Intersections Of Race And Class For Women In Academia Symposium - The Plenary Panel, Maritza I. Reyes, Angela Mae Kupenda, Angela Onwuachi-Willig, Stephanie M. Wildman, Adrien Katherine Wing 2017 Florida Agricultural and Mechanical University

Reflections On Presumed Incompetent: The Intersections Of Race And Class For Women In Academia Symposium - The Plenary Panel, Maritza I. Reyes, Angela Mae Kupenda, Angela Onwuachi-Willig, Stephanie M. Wildman, Adrien Katherine Wing

Angela Onwuachi-Willig

No abstract provided.


Inseparable: Perspective Of Senator Daniel Webster, Ernest M. Oleksy 2017 Cleveland State University

Inseparable: Perspective Of Senator Daniel Webster, Ernest M. Oleksy

The Downtown Review

Considering the hypersensitivity that their nation has towards race relations, it is often ineffable to contemporary Americans as to how anyone could have argued against abolition in the 19th century. However, by taking the perspective of Senator Daniel Webster speaking to an audience of disunionist-abolitionists, proslaveryites, and various shades of moderates, numerous points of contention will be brought to light as to why chattel slavery persisted so long in the U.S. Focal points of dialogue will include the Narrative of Frederick Douglass, the "positive good" claims of Senator John C. Calhoun, the disunionism of William Lloyd Garrison, and the ...


United States V. Osage Wind, Llc, Summer Carmack 2017 Alexander Blewett III School of Law at the University of Montana

United States V. Osage Wind, Llc, Summer Carmack

Public Land and Resources Law Review

The Osage Nation, as owner of the beneficial interest in its mineral estate, issues federally-approved leases to persons and entities who wish to conduct mineral development on its lands. After an energy-development company, Osage Wind, leased privately-owned surface lands within Tribal reservation boundaries and began to excavate minerals for purposes of constructing a wind farm, the United States brought suit on the Tribe’s behalf. In the ensuing litigation, the Osage Nation insisted that Osage Wind should have obtained a mineral lease from the Tribe before beginning its work. In its decision, the Tenth Circuit applied one of the Indian ...


A Growing Consensus: State Sponsorship Of Confederate Symbols Is An Injury-In-Fact As A Result Of Dylann Roof’S Killing Blacks In Church At A Bible Study, L. Darnell Weeden 2017 Brigham Young University Law School

A Growing Consensus: State Sponsorship Of Confederate Symbols Is An Injury-In-Fact As A Result Of Dylann Roof’S Killing Blacks In Church At A Bible Study, L. Darnell Weeden

Brigham Young University Journal of Public Law

No abstract provided.


Toward A Fundamental Right To Evade Law? The Rule Of Power In Shelby County And State Farm, Martha T. McCluskey 2017 Selected Works

Toward A Fundamental Right To Evade Law? The Rule Of Power In Shelby County And State Farm, Martha T. Mccluskey

Martha T. McCluskey

No abstract provided.


Judges, Racism, And The Problem Of Actual Innocence, Stephen J. Fortunato Jr. 2017 University of Maine School of Law

Judges, Racism, And The Problem Of Actual Innocence, Stephen J. Fortunato Jr.

Maine Law Review

The facts and data are in and the conclusion they compel is bleak: the American criminal justice system and its showpiece, the criminal trial, harbor at their core a systemic racism. For decades, criminologists, law professors, sociologists, government statisticians, and others have been collecting and collating data on crime, punishment, and incarceration in the United States. These intrepid scholars have looked at crime, criminals, and the justice system from all angles—the race of defendants and victims; the relationship of poverty to criminality; severity of crime; severity of punishment; incarceration rates for different racial groups; sentencing and sentence disparities; and ...


The Pre-Furman Juvenile Death Penalty In South Carolina: Young Black Life Was Cheap, Sheri Lynn Johnson, John H. Blume, Hannah L. Freedman 2017 Cornell Law School

The Pre-Furman Juvenile Death Penalty In South Carolina: Young Black Life Was Cheap, Sheri Lynn Johnson, John H. Blume, Hannah L. Freedman

Sheri Lynn Johnson

Capital punishment in this country, and in South Carolina, has its roots in racial subjugation, stereotype, and animosity. The extreme disparities we report here have dampened due to the combined effects of decreasing levels of open racial antagonism, the reforms of the modem death penalty, including categorical exemptions for juveniles and person with intellectual disabilities and prohibition of the imposition of the death penalty for the crime of rape, and the (small) increase in diversity in capital juries. But dampened does not mean eradicated. Significant disparities in the administration of capital punishment persist today. The color of a defendant's ...


The Violent State: Black Women's Invisible Struggle Against Police Violence, Michelle S. Jacobs 2017 College of William & Mary Law School

The Violent State: Black Women's Invisible Struggle Against Police Violence, Michelle S. Jacobs

William & Mary Journal of Women and the Law

No abstract provided.


Pink Hats And Black Fists: The Role Of Women In The Black Lives Matter Movement, Jessica Watters 2017 College of William & Mary Law School

Pink Hats And Black Fists: The Role Of Women In The Black Lives Matter Movement, Jessica Watters

William & Mary Journal of Women and the Law

No abstract provided.


Continuing Derrick Bell's Devotion In Creative Action, Angela Mae Kupenda 2017 Mississippi College School of Law

Continuing Derrick Bell's Devotion In Creative Action, Angela Mae Kupenda

Journal Articles

I remember my first time seeing Derrick Bell in person and hearing him speak, just a few years before he passed away. I was in awe of him for many reasons, but primarily for two reasons. First, I noted from watching him with his devoted students, how mutual was the devotion coming from him—devotion to them as people and as those who would surely carry on his great work of seeking to forge equality in America and beyond. And second, I was in awe of him because of his devotion to the elimination of racism, while at the same ...


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