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Policing Wage Theft In The Day Labor Market, Stephen Lee 2014 UC Irvine School of Law

Policing Wage Theft In The Day Labor Market, Stephen Lee

UC Irvine Law Review

No abstract provided.


Expressive Enforcement, Avlana Eisenberg 2014 Florida State University College of Law

Expressive Enforcement, Avlana Eisenberg

Scholarly Publications

Laws send messages, some of which may be heard at the moment of enactment. But much of a law’s expressive impact is bound up in its enforcement. Although scholars have extensively debated the wisdom of expressive legislation, their discussions in the context of domestic criminal law have focused largely on enactment-related messaging, rather than on expressive enforcement. This Article uses hate crime laws—the paradigmatic example of expressive legislation—as a case study to challenge conventional understandings of the messaging function of lawmaking. The Article asks: How do institutional incentives shape prosecutors’ enforcement decisions, and how do these decisions ...


Dismissing Deterrence, Ellen D. Katz 2014 University of Michigan Law School

Dismissing Deterrence, Ellen D. Katz

Articles

The proposed Voting Rights Amendment Act of 20144 (VRAA)[...]’s new criteria defining when jurisdictions become subject to preclearance are acutely responsive to the concerns articulated in Shelby County[ v. Holder]. The result is a preclearance regime that, if enacted, would operate in fewer places and demand less from those it regulates. This new regime, however, would not only be more targeted and less powerful, but, curiously, more vulnerable to challenge. In fact, the regime would be more vulnerable precisely because it is so responsive to Shelby County. Some background will help us see why.


Truth Stories: Credibility Determinations At The Illinois Torture Inquiry And Relief Commission, 45 Loy. U. Chi. L.J. 1085 (2014), Kim D. Chanbonpin 2014 John Marshall Law School

Truth Stories: Credibility Determinations At The Illinois Torture Inquiry And Relief Commission, 45 Loy. U. Chi. L.J. 1085 (2014), Kim D. Chanbonpin

Faculty Scholarship

This is the first scholarly Article to investigate the inner workings of the Illinois Torture Inquiry and Relief Commission (“TIRC”). The TIRC was established by statute in 2009 to provide legal redress for victims of police torture. Prisoners who claim that their convictions were based on confessions coerced by police torture can utilize the procedures available at the TIRC to obtain judicial review of their cases. For those who have exhausted all appeals and post-conviction remedies, the TIRC represents the tantalizing promise of justice long denied. To be eligible for relief, however, the claimant must first meet the TIRC’s ...


Cultivating Inclusion, Patrick S. Shin, Mitu Gulati 2014 Suffolk University Law School

Cultivating Inclusion, Patrick S. Shin, Mitu Gulati

Michigan Law Review First Impressions

Twenty-five years ago, law schools were in the developing stages of a pitched battle for the future of legal education and academia. Faculties fought over the tenure cases of minority candidates, revealing deep divisions within legal academia on questions about the urgency of racial diversification and the merits of critical race scholarship. The students in charge of the law reviews where this scholarship was emerging engaged in their own battles, arguing over the use of affirmative action in the selection of law review editors and then, as neophyte editors, staking their own positions in the "What is legal scholarship?" debates ...


Let's Talk About Race, Ronald Wheeler 2014 Boston Univeristy School of Law

Let's Talk About Race, Ronald Wheeler

Faculty Scholarship

Despite other scholars’ suggestions that law librarianship and the American Association of Law Libraries lack diversity, Mr. Wheeler examines numerical and anecdotal data indicating that efforts to promote racial and ethnic diversity within AALL and the profession are beginning to show positive results.


Retaining Color, Veronica Root 2014 Notre Dame Law School

Retaining Color, Veronica Root

University of Michigan Journal of Law Reform

It is no secret that large law firms are struggling in their efforts to retain attorneys of color. This is despite two decades of aggressive tracking of demographic rates, mandates from clients to improve demographic diversity, and the implementation of a variety of diversity efforts within large law firms. In part, law firm retention efforts are stymied by the reality that elite, large law firms require some level of attrition to function properly under the predominant business model. This reality, however, does not explain why firms have so much difficulty retaining attorneys of color — in particular black and Hispanic attorneys ...


The Art Of Racial Dissent: African American Political Discourse In The Age Of Obama, Kareem U. Crayton 2014 Chicago-Kent College of Law

The Art Of Racial Dissent: African American Political Discourse In The Age Of Obama, Kareem U. Crayton

Chicago-Kent Law Review

What does the art of dissent from a group look like in the context of race and politics? How does this element of political discourse resemble dissent in the more typical settings, such as the courts? And how might this brand of dissent be distinguished from the more common forms of the enterprise? In this piece, I develop a thesis of “racial dissent,” defined here as the act of speaking against a prevailing norm or principle within a given racial group. I outline a general argument for how racial dissent operates, including the review of structural pressures that racial dissenters ...


Racial Templates, Richard Delgado, Juan F. Perea 2014 University of Alabama School of Law

Racial Templates, Richard Delgado, Juan F. Perea

Michigan Law Review

This riveting tale of greed, international skullduggery, and behind-the-scenes heroism recounts the events that led up to America’s “wicked war” with Mexico. It depicts how expansionist ambitions in high circles fueled jingoistic propaganda (pp. 25, 34–35, 58), fed a public eager for national muscle flexing (pp. 57, 103, 108), and set the stage for a military skirmish in a disputed region between two rivers (pp. 75–77, 95, 100, 138) that provided the pretext for a savage and short-lived military campaign against the weak new nation of Mexico in which the U.S. Army, under General Scott, marched ...


Law As Temporality: Colonial Politics And Indian Settlers, Renisa Mawani 2014 University of British Columbia

Law As Temporality: Colonial Politics And Indian Settlers, Renisa Mawani

UC Irvine Law Review

No abstract provided.


Standing On Shaky Ground: Criminal Jurisdiction And Ecclesiastical Immunity In Seventeenth-Century Lima, 1600–1700, Michelle A. McKinley 2014 University of Oregon

Standing On Shaky Ground: Criminal Jurisdiction And Ecclesiastical Immunity In Seventeenth-Century Lima, 1600–1700, Michelle A. Mckinley

UC Irvine Law Review

No abstract provided.


Property, Law, And Race: Modes Of Abstraction, Brenna Bhandar 2014 University of London

Property, Law, And Race: Modes Of Abstraction, Brenna Bhandar

UC Irvine Law Review

No abstract provided.


Hargrave’S Nightmare And Taney’S Dream, Michael Meranze 2014 UCLA

Hargrave’S Nightmare And Taney’S Dream, Michael Meranze

UC Irvine Law Review

No abstract provided.


The Islamic Influence In (Pre-)Colonial And Early America: A Historico-Legal Snapshot, Nadia B. Ahmad 2014 Barry University

The Islamic Influence In (Pre-)Colonial And Early America: A Historico-Legal Snapshot, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.


Following Fisher: Narrowly Tailoring Affirmative Action, Eang L. Ngov 2014 Barry University

Following Fisher: Narrowly Tailoring Affirmative Action, Eang L. Ngov

Faculty Scholarship

No abstract provided.


Tribal Disruption And Indian Claims, Matthew L.M. Fletcher, Kathryn E. Fort, Dr. Nicholas J. Reo 2014 Michigan State University College of Law

Tribal Disruption And Indian Claims, Matthew L.M. Fletcher, Kathryn E. Fort, Dr. Nicholas J. Reo

Michigan Law Review First Impressions

Legal claims are inherently disruptive. Plaintiffs' suits invariably seek to unsettle the status quo. On occasion, the remedies to legal claims can be so disruptive-that is, impossible to enforce or implement in a fair and equitable manner-that courts simply will not issue them. In the area of federal Indian law, American Indian tribal claims not only disrupt the status quo but may even disrupt so-called settled expectations of those affected by the claims. The U.S. Court of Appeals for the Second Circuit has dismissed a round of Indian land claims at the pleading stage, includingOnondaga Nation v. New York ...


Zero Tolerance Policies: Criminalizing Childhood And Disenfranchising The Next Generation Of Citizens, S. David Mitchell 2014 University of Missouri - Columbia

Zero Tolerance Policies: Criminalizing Childhood And Disenfranchising The Next Generation Of Citizens, S. David Mitchell

Faculty Publications

A juvenile adjudication of guilt has far more drastic consequences than existed just ten years ago ... Some of these consequences may not be apparent for a number of years, but their possibility should be anticipated, fully considered, and planned for, wherever possible. Under zero tolerance, students are suspended, expelled, or referred to juvenile authorities or some combination thereof for specified offenses. Zero tolerance policies punish students harshly regardless of the severity of the infraction, the existence of mitigating circumstances, or the context in which the conduct occurred. Part II discusses the origin and evolution of zero tolerance policies, as well ...


Trafficking For Organ Removal, Anne T. Gallagher AO 2014 Independent

Trafficking For Organ Removal, Anne T. Gallagher Ao

Anne T Gallagher

No abstract provided.


A Defense Of Stand Your Ground Legislation, Jarrett Field '14 2014 Ursinus College

A Defense Of Stand Your Ground Legislation, Jarrett Field '14

Richard T. Schellhase Essay Prize in Ethics

No abstract provided.


Race And The Reference Librarian, Mary Whisner 2014 University of Washington School of Law

Race And The Reference Librarian, Mary Whisner

Librarians' Articles

Ms. Whisner examines how race arises in the day-to-day work of law librarians, and discusses how law librarians can foster cultural competence and create more welcoming environments in diverse institutions.


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