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Involuntary Sterilization Among Hiv-Positive Garifuna Women From Honduras Seeking Asylum In The United States: Two Case Reports, Holly G. Atkinson, Deborah Ottenheimer 2018 CUNY City College

Involuntary Sterilization Among Hiv-Positive Garifuna Women From Honduras Seeking Asylum In The United States: Two Case Reports, Holly G. Atkinson, Deborah Ottenheimer

Publications and Research

Voluntary sterilization is one of the most widely used forms of contraception by women worldwide; however, involuntary sterilization is considered a violation of multiple human rights and grounds for asylum in the United States. Women have been disproportionately affected by this practice. We report two cases of involuntary sterilization in HIV-positive Garifuna women from Honduras who sought asylum in America and were medically evaluated at the request of their attorneys. Key lessons can be drawn from these cases with regard to the importance of medical evaluations in establishing persecution. These include the need for a detailed account of the events ...


Reclaiming The Black Personhood: The Power Of The Hip-Hop Narrative In Mainstream Rap, Morgan Klatskin 2018 Brigham Young University, Provo

Reclaiming The Black Personhood: The Power Of The Hip-Hop Narrative In Mainstream Rap, Morgan Klatskin

Criterion: A Journal of Literary Criticism

Hip hop, as a cultural phenomenon, leverages rap as a narrative form in periods of acutely visible political unrest in the Black American community to combat pejorative narratives of Black America as revealed in the American criminal justice system’s treatment of Black Americans. Hip-hop themes were prevalent in golden-age rap of the 1980s in response Regan-era war-on-drugs policy, which severely disadvantaged the Black community and devalued the Black personhood. Hip hop used narrative to reclaim the Black personhood while it served to encourage political involvement in the Black community, urging Blacks to participate in rewriting the narrative of Black ...


Criminal Justice And The Mattering Of Lives, Deborah Tuerkheimer 2018 Northwestern University Pritzker School of Law

Criminal Justice And The Mattering Of Lives, Deborah Tuerkheimer

Michigan Law Review

A review of James Forman Jr., Locking Up Our Own: Crime and Punishment in Black America.


The Prison To Homelessness Pipeline: Criminal Record Checks, Race, And Disparate Impact, Valerie Schneider 2018 Howard University School of Law

The Prison To Homelessness Pipeline: Criminal Record Checks, Race, And Disparate Impact, Valerie Schneider

Indiana Law Journal

Study after study has shown that securing housing upon release from prison is critical to reducing the likelihood of recidivism,1 yet those with criminal records— a population that disproportionately consists of racial minorities—are routinely denied access to housing, even if their offense was minor and was shown to have no bearing on whether the applicant would be likely to be a successful renter. In April of 2016, the Office of General Counsel for the United States Department of Housing and Urban Development (HUD) issued much anticipated guidance dealing directly with the racially disparate impact of barring those with ...


Personhood Seeking New Life With Republican Control, Jonathan F. Will, I. Glenn Cohen, Eli Y. Adashi 2018 Mississippi College School of Law

Personhood Seeking New Life With Republican Control, Jonathan F. Will, I. Glenn Cohen, Eli Y. Adashi

Indiana Law Journal

Just three days prior to the inauguration of Donald J. Trump as President of the United States, Representative Jody B. Hice (R-GA) introduced the Sanctity of Human Life Act (H.R. 586), which, if enacted, would provide that the rights associated with legal personhood begin at fertilization. Then, in October 2017, the Department of Health and Human Services released its draft strategic plan, which identifies a core policy of protecting Americans at every stage of life, beginning at conception. While often touted as a means to outlaw abortion, protecting the “lives” of single-celled zygotes may also have implications for the ...


The Heat Of Passion And Blameworthy Reasons To Be Angry, Jonathan Witmer-Rich 2018 Cleveland-Marshall College of Law, Cleveland State University

The Heat Of Passion And Blameworthy Reasons To Be Angry, Jonathan Witmer-Rich

Law Faculty Articles and Essays

This article seeks to resolve a longstanding conceptual puzzle plaguing the "heat of passion" doctrine--how courts should determine which features, beliefs, or characteristics of a defendant are properly relevant to assessing whether the defendant was sufficiently provoked, and which of those features should be disregarded. This article argues that provocation is not adequate if the reason the defendant became extremely angry is due to some blameworthy belief or attribute of the defendant. A belief is blameworthy if it contradicts the fundamental values of the political community. The blameworthiness principle distinguishes those aspects of the defendant that cannot form a basis ...


Section 2 After Section 5: Voting Rights And The Race To The Bottom, Ellen D. Katz 2018 University of Michigan Law School

Section 2 After Section 5: Voting Rights And The Race To The Bottom, Ellen D. Katz

Articles

Five years ago, Shelby County v. Holder released nine states and fifty-five smaller jurisdictions from the preclearance obligation set forth in section 5 of the Voting Rights Act (VRA). This obligation mandated that places with a history of discrimination in voting obtain federal approval—known as preclearance—before changing any electoral rule or procedure. Within hours of the Shelby County decision, jurisdictions began moving to reenact measures section 5 had specifically blocked. Others pressed forward with new rules that the VRA would have barred prior to Shelby County.


The Changing Tides Of Adoption: Why Marriage, Race, And Family Identity Still Matter, Jessica Dixon Weaver 2018 Southern Methodist University

The Changing Tides Of Adoption: Why Marriage, Race, And Family Identity Still Matter, Jessica Dixon Weaver

SMU Law Review

This essay expounds on the shifting motivation for adoption in the United States using a critical race feminist theory lens to explore how adoption remains wedded to marriage, the control of wealth, and family identity. These three elements have been historically and legally tied to race in that the law was intentionally written to exclude certain persons of color from being able to access marriage or wealth, thereby diminishing their ability to establish family identity.

This essay proceeds in three parts. Part II sets forth an overview of the evolution of adoption by exploring the breakdown of formal adoption and ...


Scrapbook: Jacksonville Sit-Ins, Freedom Riders, Ax Handle Saturday And Naacp Youth Council Meetings., 2018 University of North Florida

Scrapbook: Jacksonville Sit-Ins, Freedom Riders, Ax Handle Saturday And Naacp Youth Council Meetings.

Textual material from the Rodney Lawrence Hurst, Sr. Collection

This compilation by Hurst includes articles related to sit-ins, Ax Handle Saturday, desegregating hiring policies, freedom riders and other events related to civil rights in Jacksonville, Florida. Circa 1957-1965


Schuette And Antibalkanization, Samuel Weiss, Donald Kinder 2018 College of William & Mary Law School

Schuette And Antibalkanization, Samuel Weiss, Donald Kinder

William & Mary Bill of Rights Journal

In Schuette v. Coalition to Defend Affirmative Action, Justice Kennedy’s controlling plurality revised the political process doctrine and ended the practice of affirmative action in Michigan. In this opinion, Kennedy followed in the Court’s tradition of invoking antibalkanization values in equal protection cases, making the empirical claims both that antibalkanization motivated the campaign to end affirmative action in Michigan and that the campaign itself would, absent judicial intervention, have antibalkanizing effects.

Using sophisticated empirical methods, this Article is the first to examine whether the Court’s claims on antibalkanization are correct. We find they are not. Support for ...


The Grand Jury: A Shield Of A Different Sort, R. Michael Cassidy, Julian A. Cook III 2018 Boston College Law School

The Grand Jury: A Shield Of A Different Sort, R. Michael Cassidy, Julian A. Cook Iii

R. Michael Cassidy

According to the Washington Post, 991 people were shot to death by police officers in the United States during calendar year 2015, and 957 people were fatally shot in 2016. A disproportionate percentage of the citizens killed in these police-civilian encounters were black. Events in Ferguson, Missouri; Chicago, Illinois; Charlotte, North Carolina; Baton Rouge, Louisiana; and Staten Island, New York - to name but a few affected cities - have now exposed deep distrust between communities of color and law enforcement. Greater transparency is necessary to begin to heal this culture of distrust and to inform the debate going forward about police ...


Global Intersections: Critical Race Feminist Human Rights And Inter/National Black Women, Hope Lewis 2018 University of Maine School of Law

Global Intersections: Critical Race Feminist Human Rights And Inter/National Black Women, Hope Lewis

Maine Law Review

In this brief essay, I illustrate how Critical Race Feminist analysis could reconceptualize the human rights problems facing “Inter/national Black women” --in this case, Black women who migrate between the United States and Jamaica. This focus on Jamaican American migrants is very personal as well as political; I was raised by Jamaican American women. However, I have begun to focus on such women in my research not only in a search for “home” but also because there are important lessons to be learned from those who are the least visible in the legal literature. I draw the framework for ...


Lone Wolf Terrorism: Types, Stripes, And Double Standards, Khaled A. Beydoun 2018 Northwestern Pritzker School of Law

Lone Wolf Terrorism: Types, Stripes, And Double Standards, Khaled A. Beydoun

Northwestern University Law Review

The recent spike in mass shootings, topped by the October 1, 2017, Las Vegas massacre, dubbed the “deadliest mass shooting in modern U.S. history,” has brought newfound urgency and attention to lone wolf violence and terrorism. Although a topic of pressing concern, the phenomenon—which centers on mass violence inflicted by one individual—is underexamined and undertheorized within legal literature. This scholarly neglect facilitates flat understandings of the phenomenon and enables the racial and religious double standards arising from law enforcement investigations and prosecutions of white and Muslim lone wolves.

This Essay contributes a timely reconceptualization of the phenomenon ...


Whitewashing Expression: Using Copyright Law To Protect Racial Identity In Casting, Brandon Johnson 2018 Northwestern Pritzker School of Law

Whitewashing Expression: Using Copyright Law To Protect Racial Identity In Casting, Brandon Johnson

Northwestern University Law Review

Porchlight Music Theatre, a non-equity theatre company in Chicago, decided to capitalize on the popularity of Lin-Manuel Miranda’s smash hit Hamilton by producing one of Miranda’s earlier works, In the Heights. This earlier work tells the story of a predominantly Latinx community in New York’s Washington Heights neighborhood. Porchlight’s production, however, received significant negative attention when it was revealed that the lead character—Usnavi, an immigrant from the Dominican Republic—would be played by a white actor. While casting white actors in nonwhite roles is nothing new and has been a persistent (and persistently criticized) practice ...


Intersectionality As An Institution: Changing The Definition Of Feminism, Holly Sanchez Perry Esq. 2018 DePaul University

Intersectionality As An Institution: Changing The Definition Of Feminism, Holly Sanchez Perry Esq.

DePaul Journal of Women, Gender and the Law

No abstract provided.


Angry Employees: Revisiting Insubordination In Title Vii Cases, Susan Carle, Susan D. Carle 2018 American University Washington College of Law

Angry Employees: Revisiting Insubordination In Title Vii Cases, Susan Carle, Susan D. Carle

Susan D. Carle

In too many Title VII cases, employees find themselves thrown out of court because they reacted angrily to reasonable perceptions of employer discrimination. In the race context, supervisors repeatedly call employees the n-word and use other racial epithets, order African American employees to perform work others in the same job classification do not have to do, and impose discipline white employees do not face for the comparable conduct. In the gender context, courts throw out plaintiffs’ cases even where supervisors engage in egregious sexual harassment. Employees who react angrily to such demeaning treatment—by cursing, shouting, refusing an order or ...


No Need For Cities To Despair After Bank Of America Corporation V. City Of Miami: How Patent Law Can Assist In Proving Predatory Loans Directly Cause Municipal Blight Under The Fair Housing Act, Jesse D.H. Snyder 2018 University of Maine School of Law

No Need For Cities To Despair After Bank Of America Corporation V. City Of Miami: How Patent Law Can Assist In Proving Predatory Loans Directly Cause Municipal Blight Under The Fair Housing Act, Jesse D.H. Snyder

Maine Law Review

Lack of sanguinity for cities was manifest after the Supreme Court’s May 1, 2017, opinion in Bank of America Corporation v. City of Miami. Although Bank of America recognized that cities have Article III standing to sue for economic injuries suffered from predatory lending, the Supreme Court rejected the Eleventh Circuit’s more lenient causation standard, favoring proof of “some direct relation between the injury asserted and the injurious conduct alleged.” Doubtless the result could have been worse for cities suing on the premise that racially discriminatory lending caused municipal blight. The courthouse doors could have closed if the ...


Newsroom: Have We Outgrown Brown? 02-06-2018, Michael M. Bowden 2018 Roger Williams University School of Law

Newsroom: Have We Outgrown Brown? 02-06-2018, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


From Dog-Whistle To Megaphone: The Trump Regime’S Cynical Assault On Affirmative Action, Mark S. Brodin 2018 Boston College Law School

From Dog-Whistle To Megaphone: The Trump Regime’S Cynical Assault On Affirmative Action, Mark S. Brodin

Mark S. Brodin

No abstract provided.


Newsroom: 'You Can't Help Being In Awe' 1-30-2018, Michael M. Bowden, Edward Fitzpatrick 2018 Roger Williams University School of Law

Newsroom: 'You Can't Help Being In Awe' 1-30-2018, Michael M. Bowden, Edward Fitzpatrick

Life of the Law School (1993- )

No abstract provided.


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