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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 ...


Sound Recordings And Dignity Takings: Reflections On The Racialization Of Migrants In Contemporary Italy, Gianpaolo Chiriacò 2018 University of Salento

Sound Recordings And Dignity Takings: Reflections On The Racialization Of Migrants In Contemporary Italy, Gianpaolo Chiriacò

Chicago-Kent Law Review

In the field of ethnomusicology, it is possible to consider musical collaborations—such as traditional fieldwork or joint musical projects between artists of different background—as spaces where different individuals and subjectivities share their own artistic practices and products, as well as the musical cultures of which they are representative or bearers. Such collaborations raise an array of methodological questions with implications to social justice and power relations. The aim of this contribution is to use the notion of dignity takings and dignity restoration to tackle some of these questions. While relying strongly on my own fieldwork in Rome and ...


Urban Renewal And Sacramento’S Lost Japantown, Thomas W. Joo 2018 UC Davis School of Law

Urban Renewal And Sacramento’S Lost Japantown, Thomas W. Joo

Chicago-Kent Law Review

No abstract provided.


Dignity Contradictions: Reconstruction As Restoration, Taja-Nia Y. Henderson 2018 Rutgers Law School

Dignity Contradictions: Reconstruction As Restoration, Taja-Nia Y. Henderson

Chicago-Kent Law Review

No abstract provided.


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.


Poverty, The Great Unequalizer: Improving The Delivery System For Civil Legal Aid, Latonia Haney Keith 2018 Concordia University School of Law

Poverty, The Great Unequalizer: Improving The Delivery System For Civil Legal Aid, Latonia Haney Keith

Latonia Haney Keith

Civil justice issues in the United States bring with them no guarantee of legal counsel, yet the civil legal system is still designed to require an attorney in almost all situations. Given the ever-growing costs of legal representation, how then are the legal needs of the poor met? The author calls this phenomenon the “justice gap” and addresses the issue of an access to justice gap and proposes a potential solution.

This article examines the existence of the “justice gap,” wherein the poor face substantial barriers that hinder them from receiving the same legal protections as wealthier Americans. It goes ...


Champions For Justice 2018, Roger Williams University School of Law 2018 Roger Williams University

Champions For Justice 2018, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Thurgood Marshall Memorial Lecture Series: "The Race Card And The Trump Card: New Challenges And Familiar Frustrations" February 5, 2018, Roger Williams University School of Law 2018 Roger Williams University

Thurgood Marshall Memorial Lecture Series: "The Race Card And The Trump Card: New Challenges And Familiar Frustrations" February 5, 2018, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


A Painful History : Symbols Of The Confederacy: A Conversation About The Tension Between Preserving History And Declaring Contemporary Values 1-19-2018, Michael M. Bowden 2018 Roger Williams University School of Law

A Painful History : Symbols Of The Confederacy: A Conversation About The Tension Between Preserving History And Declaring Contemporary Values 1-19-2018, Michael M. Bowden

School of Law Conferences, Lectures & Events

No abstract provided.


Racism And Impeachment Power, John M. Greabe 2018 University of New Hampshire School of Law

Racism And Impeachment Power, John M. Greabe

Law Faculty Scholarship

[Excerpt] “Does racism constitute a legitimate basis for removing a president? More generally, what is the scope of Congress's removal power?

”In all but the most extraordinary circumstances, the remedy for incompetent political leadership -indeed, even abhorrent political leadership lies in the next election. But the Constitution does provide Congress with tools to remove certain federal officeholders between elections.”


Newsroom: A Painful History 1-19-2018, Roger Williams University School of Law 2018 Roger Williams University

Newsroom: A Painful History 1-19-2018, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


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