Classcrits Time?: Building Institutions, Building Frameworks, 2021 University at Buffalo School of Law
Classcrits Time?: Building Institutions, Building Frameworks, Athena D. Mutua
Journal Articles
This essay chronicles the development of ClassCrits, an organization of US legal scholars that seeks to ground economic analyses in progressive legal jurisprudence. Today, ClassCrits ideas may resonate with a broader audience. I attribute this institutional success partly to ClassCrits’ commitment to: an interdisciplinary “big tent” openness, safe and responsive space, and praxis and collaboration. I then explore three key topics in a selection of ClassCrits writings on class and law: (1) neoliberal entrenchment and preservation; (2) class oppression; and (3) the intersecting oppression of class and race. I argue that ClassCrits scholarship on law and neoliberalism is productively viewed …
The Battle Of Brandy Creek: How One Black Community Fought Annexation, Tax Revaluation, And Displacement, 2021 FAMU College of Law
The Battle Of Brandy Creek: How One Black Community Fought Annexation, Tax Revaluation, And Displacement, Mark Dorosin
Journal Publications
The Brandy Creek community is a working class, Black neighborhood located just east of I-95, south of Weldon, North Carolina.' In 2005, this rural neighborhood and its surrounding land were legislatively annexed into the city of Roanoke Rapids as part of a planned economic development project. The decision to pursue legislative annexation allowed city officials to bypass the statutory notice and municipal service requirements of a city-initiated, involuntary annexation. Residents were never informed of Roanoke Rapids' intent to annex the community and had no opportunity to voice their opinions on the issue to town officials. In fact, the community first …
Fair Questions: A Call And Proposal For Using General Verdicts With Special Interrogatories To Prevent Biased And Unjust Convictions, 2021 University of Pennsylvania Carey Law School
Fair Questions: A Call And Proposal For Using General Verdicts With Special Interrogatories To Prevent Biased And Unjust Convictions, Charles Eric Hintz
All Faculty Scholarship
Bias and other forms of logical corner-cutting are an unfortunate aspect of criminal jury deliberations. However, the preferred verdict system in the federal courts, the general verdict, does nothing to counter that. Rather, by forcing jurors into a simple binary choice — guilty or not guilty — the general verdict facilitates and encourages such flawed reasoning. Yet the federal courts continue to stick to the general verdict, ironically out of a concern that deviating from it will harm defendants by leading juries to convict.
This Essay calls for a change: expand the use of a special findings verdict, the general …
(Im)Mutable Race?, 2021 Emory University School of Law
(Im)Mutable Race?, Deepa Das Acevedo
Faculty Articles
Courts rarely question the racial identity claims made by parties litigating employment discrimination disputes. But what if this kind of identity claim is itself at the core of a dispute? A recent cluster of “reverse passing” scandals featured individuals—Rachel Dolezal and Jessica Krug among them—who were born white, yet who were revealed to have lived as members of Black, Indigenous, or Person of Color (BIPOC) communities. These incidents suggest that courts will soon have to make determinations of racial identity as a threshold matter in disputes over employment discrimination and contract termination. More specifically, courts will have to decide whether …
An Analysis Of Domestic And Foreign Legal Mechanisms To Counter The Rise Of White Nationalism, 2021 American University Washington College of Law
An Analysis Of Domestic And Foreign Legal Mechanisms To Counter The Rise Of White Nationalism, John C. Jankosky Ii
American University National Security Law Brief
No abstract provided.
Consequences Of Police In Schools: The Criminalization Of Children In An Era Of Mass Incarceration, 2021 UC Law SF
Consequences Of Police In Schools: The Criminalization Of Children In An Era Of Mass Incarceration, Katherine Elizabeth Holloway
UC Law Journal of Race and Economic Justice
No abstract provided.
Reconstructing The Voting Rights Act: Subnational Action And Voting Rights Post-1965, 2021 Colby College
Reconstructing The Voting Rights Act: Subnational Action And Voting Rights Post-1965, Sean M. Holly
Honors Theses
The discussion of suffrage and the development of the U.S. electorate is misguidedly based solely around federal action; constitutional amendments and federal legislation are commonly revered as primary determinants of the right to vote. This tendency poses a specific problem with contemporary discussions of the Voting Rights Act of 1965. Specifically, discussions of the VRA ignores the ability of subnational actors to innovate politically and readjust their vehicles of political development in the wake of federal supposition of state powers. The Voting Rights Act did not destroy state authority regarding the right to vote; it merely disrupted their vehicles of …
The New Redeemers, 2021 Georgia State University College of Law
The New Redeemers, Anthony M. Kreis
Georgia Law Review
This Article is about the long arc of a Second Redemption. A
new life to the politics of racial grievance surfaced in the wake
of a diversifying polity, a decline of rural power, and a Black
man’s rise to the American presidency. And that reinvigorated
force was the linchpin of Donald Trump’s ascendency to power.
Trump was a part of a broader conservative governing
coalition, which held its center of gravity in rural, white
America. Leading members of that coalition feverishly eroded
democratic norms to entrench minoritarian power. They
justified their pernicious work by claiming to be the true heirs …
Foreword, 2021 Touro Law Center
Going Beyond Rule 8.4(G): A Shift To Active And Conscious Efforts To Dismantle Bias, 2021 Touro Law Center
Going Beyond Rule 8.4(G): A Shift To Active And Conscious Efforts To Dismantle Bias, Meredith R. Miller
Journal of Race, Gender, and Ethnicity
No abstract provided.
A Call For An Intersectional Feminist Restorative Justice Approach To Addressing The Criminalization Of Black Girls, 2021 University of Miami School of Law
A Call For An Intersectional Feminist Restorative Justice Approach To Addressing The Criminalization Of Black Girls, Donna Coker, Thalia Gonzalez
Articles
No abstract provided.
Race In America 2021: A Time To Embrace Beauharnais V. Illinois?, 2021 Loyola Universtity Chicago School of Law
Race In America 2021: A Time To Embrace Beauharnais V. Illinois?, Steven A. Ramirez
Loyola University Chicago Law Journal
Hate crimes and racially motivated violence spiked in the United States over the past few years. Our foreign adversaries seek to inflame racial divisions in our nation and turn American against American. This now forms a major threat to our national security and domestic tranquility. Indeed, in light of the attempted insurrection of January 6, 2021, the costs of our festering racial hierarchy now threaten our constitutional republic. The soaring costs of the American racial hierarchy now demands aggressive legal response. This Essay demonstrates that the process of racial formation undergirding the hierarchy relies upon group libel to propagate racial …
Getting Real About Procedure: Changing How We Think, Write And Teach About American Civil Procedure, 2021 University of Colorado Law School
Getting Real About Procedure: Changing How We Think, Write And Teach About American Civil Procedure, Suzette M. Malveaux
Publications
No abstract provided.
Our Collective Work, Our Collective Strength, 2021 St. John's University School of Law
Our Collective Work, Our Collective Strength, Renee Nicole Allen
Faculty Publications
This essay considers the collective strength of women of color in two contexts: when we are well represented on law school faculties and when we contribute to accomplishing stated institutional diversity goals. Critical mass is broadly defined as a sufficient number of people of color. Though the concept has been socially appropriated, its origins are scientific. While much of the academic literature encourages diversity initiatives designed to reach a critical mass, social change is not a science. Diversity in numbers may positively benefit individual experiences for women of color, however, diversity alone will not change social norms at the root …
Rage Of Innocence: A Book Talk With Professor Kristin Henning, 2021 Golden Gate University School of Law
Rage Of Innocence: A Book Talk With Professor Kristin Henning, Golden Gate University School Of Law
GGU Race and Justice Task Force
Event is October 1, 2021. Register here.
Golden Gate University School of Law and the Pacific Juvenile Defender Center (PJDC) are very pleased to host Professor Kristin Henning and her new book: Rage of Innocence: How America Criminalizes Black Youth. This talk will be moderated by GGU Law Professor Jyoti Nanda with introductions from PJDC President Patricia Soung.
Drawing upon twenty-five years of experience representing Black youth in Washington, D.C.’s juvenile courts, Kristin Henning confronts America’s irrational, manufactured fears of these young people and makes a powerfully compelling case that the crisis in racist American policing begins with …
Rejecting Honorary Whiteness: Asian Americans And The Attack On Race-Conscious Admissions, 2021 St. John's University School of Law
Rejecting Honorary Whiteness: Asian Americans And The Attack On Race-Conscious Admissions, Philip Lee
Faculty Publications
Since the 1960s, Asian Americans have been labeled by the dominant society as the “model minority.” This status is commonly juxtaposed against so-called “problem” minorities such as African Americans and Latinx Americans. In theory, the model minority narrative serves as living proof that racial barriers to social and economic development no longer exist in America. If Asians can succeed against all odds, the reasoning goes, so can everyone else. Further, if a member of a minority group fails, it is because of their own lack of diligence and ambition, and not some supposed systemic unfairness. However, the model minority narrative …
Prohibiting The Punishment Of Poverty: The Abolition Of Wealth-Based Criminal Disenfranchisement, 2021 University of Michigan Law School
Prohibiting The Punishment Of Poverty: The Abolition Of Wealth-Based Criminal Disenfranchisement, Amy Ciardiello
University of Michigan Journal of Law Reform
The majority of U.S. states disenfranchise formerly incarcerated individuals because of their poverty by conditioning re-enfranchisement on the full payment of legal financial obligations. This Note discusses the practice of wealth-based criminal disenfranchisement where the inability to pay legal financial obligations, including fines, fees, restitution, interest payments, court debts, and other economic penalties, prohibits low-income, formerly incarcerated individuals from voting. This Note argues this issue has not been adequately addressed due to unsuccessful legislative reforms and failed legal challenges. An examination of state policies, federal and state legislative reforms, and litigation shows that a more drastic state legislative solution is …
Legal Legacy: Taunya Banks, 2021 University of Maryland Francis King Carey School of Law
“A Very Great Penalty”: Mexican Immigration, Race, And 8 U.S.C § 1326, 2021 University of Maryland Francis King Carey School of Law
“A Very Great Penalty”: Mexican Immigration, Race, And 8 U.S.C § 1326, Benjamin Gonzalez O'Brien
Maryland Journal of International Law
No abstract provided.
Measuring Environmental Justice: Analysis Of Progress Under Presidents Bush, Obama, And Trump, 2021 University of Maryland Francis King Carey School of Law
Measuring Environmental Justice: Analysis Of Progress Under Presidents Bush, Obama, And Trump, Mollie Soloway
Student Articles and Papers
No abstract provided.