Justiciability Of State Law School Segregation Claims, 2018 Mitchell Hamline School of Law
Justiciability Of State Law School Segregation Claims, Will Stancil, Jim Hilbert
Mitchell Hamline Law Review
No abstract provided.
Race And Representation Revisited: The New Racial Gerrymandering Cases And Section 2 Of The Vra, Guy-Uriel Charles, Luis Fuentes-Rohwer
No abstract provided.
Rethinking The Boundaries Of "Criminal Justice", 2018 University of Colorado Law School
Rethinking The Boundaries Of "Criminal Justice", Benjamin Levin
This review of The New Criminal Justice Thinking (Sharon Dolovich & Alexandra Natapoff, eds.) tracks the shifting and uncertain contours of “criminal justice” as an object of study and critique.
Specifically, I trace two themes in the book:
(1) the uncertain boundaries of the “criminal justice system” as a web of laws, actors, and institutions; and
(2) the uncertain boundaries of “criminal justice thinking” as a universe of interdisciplinary scholarship, policy discourse, and public engagement.
I argue that these two themes speak to critically important questions about the nature of criminal justice scholarship and reform efforts. Without a firm understanding of what constitutes the “criminal justice system,” it is difficult to agree on the proper targets of critique or to determine what legal, social, and political problems are properly the province of “criminal justice thinking.” And, deciding which voices to accept and privilege in these ...
Crossing The Thin Blue Line: Protecting Law Enforcement Officers Who Blow The Whistle, 2018 University of Richmond
Crossing The Thin Blue Line: Protecting Law Enforcement Officers Who Blow The Whistle, Ann C. Hodges
Law Faculty Publications
Law enforcement makes headline news for shootings of unarmed civilians, departmental corruption, and abuse of suspects and witnesses. Also well-documented is the code of silence, the thin blue line, which discourages officers from reporting improper and unlawful conduct by fellow officers. Accordingly, accountability is challenging and mistrust of law enforcement abounds. There is much work to be done in changing the culture of police departments and many recommendations for change. One barrier to transparency that has been largely ignored could be eliminated by reversal of the Supreme Court’s 2006 decision in Garcetti v. Ceballos. Criticism of the decision has ...
Leveraging Social Science Expertise In Immigration Policymaking, 2018 University of Colorado Law School
Leveraging Social Science Expertise In Immigration Policymaking, Ming H. Chen
The longstanding uncertainty about how policymakers should grapple with social science demonstrating racism persists in the modern administrative state. This Essay examines the uses and misuses of social science and expertise in immigration policymaking. More specifically, it highlights three immigration policies that dismiss social scientific findings and expertise as part of presidential and agency decision-making: border control, crime control, and extreme vetting of refugees to prevent terrorism. The Essay claims that these rejections of expertise undermine both substantive and procedural protections for immigrants and undermine important functions of the administrative state as a curb on irrationality in policymaking. It concludes ...
Equal Work, 2018 University of Florida Levin College of Law
Equal Work, Stephanie Bornstein
UF Law Faculty Publications
Most Americans have heard of the gender pay gap and the statistic that, today, women earn on average eighty cents to every dollar men earn. Far less discussed, there is an even greater racial pay gap. Black and Latino men average only seventy-one cents to the dollar of white men. Compounding these gaps is the “polluting” impact of status characteristics on pay: as women and racial minorities enter occupations formerly dominated by white men, the pay for those occupations goes down. Improvement in the gender pay gap has been stalled for nearly two decades; the racial pay gap is actually ...
Indefinite Detention, Colonialism, And Settler Prerogative In The United States, 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 ...
Racial Justice And Federal Habeas Corpus As Postconviction Relief From State Convictions, 2018 Florida A&M University College of Law
Racial Justice And Federal Habeas Corpus As Postconviction Relief From State Convictions, Leroy Pernell
It is the purpose of this Article not to simply document the influence of race on our criminal system and its role in the current racial crisis of overrepresentation of minorities in our prisons, but rather to focus on the future and importance of a key tool in the struggle for racial equity – federal habeas corpus as a postconviction remedy. By looking first at the racial context of several “landmark” criminal justice reform decisions, this Article considers how race serves as the root of the procedural due process reform that began in earnest during the Warren Court. This Article then ...
Douglass’ Reply To A. C. C. Thompson’S ‘Letter From Frederick Douglass,’ As Reprinted In The Anti-Slavery Bugle: A Critical Edition Of Both Letters, With A Summary Of Maryland’S Fugitive Slave Laws, 2018 University of Akron
Douglass’ Reply To A. C. C. Thompson’S ‘Letter From Frederick Douglass,’ As Reprinted In The Anti-Slavery Bugle: A Critical Edition Of Both Letters, With A Summary Of Maryland’S Fugitive Slave Laws, Kayla Hardy-Butler
Nineteenth-Century Ohio Literature
Kayla Hardy-Butler presents a famous letter by Frederick Douglass, as it was published in Ohio, with the letter that prompted it. This edition also includes a summary of Maryland slave statutes from the time to better explain the day-to-day experience of slavery debated in this correspondence.
Criminal Employment Law, 2018 University of Colorado Law School
Criminal Employment Law, Benjamin Levin
This Article diagnoses a phenomenon, “criminal employment law,” which exists at the nexus of employment law and the criminal justice system. Courts and legislatures discourage employers from hiring workers with criminal records and encourage employers to discipline workers for non-work-related criminal misconduct. In analyzing this phenomenon, my goals are threefold: (1) to examine how criminal employment law works; (2) to hypothesize why criminal employment law has proliferated; and (3) to assess what is wrong with criminal employment law. This Article examines the ways in which the laws that govern the workplace create incentives for employers not to hire individuals with ...
Undocumented Citizens Of The United States: The Repercussions Of Denying Birth Certificates, 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
Finality Of A Conviction: A Noncitizen's Right To Procedural Due Process, 2018 St. Mary's University
Finality Of A Conviction: A Noncitizen's Right To Procedural Due Process, Daniela Mondragon
St. Mary's Law Journal
Radical Feminist Harms On Sex Workers, 2018 California Western School of Law
Radical Feminist Harms On Sex Workers, I. India Thusi
Sex work has long been a site for contesting womanhood, sexuality, race, and patriarchy. Its very existence forces us to examine how we think about two very dirty subjects-money and sex. The radical feminist literature highlights the problems with sex work and often describes it as a form of "human trafficking" and violence against women. This influential philosophy underlies much of the work in human trafficking courts, was evident in a letter signed by several Hollywood starlets in opposition to Amnesty International's support for decriminalization, and is the premise of several movies and documentaries about "sex slavery." Radical feminists ...
Asilo Para Las Mujeres: The Hesitation To Recognize Women As A Particular Social Group Under U.S. Asylum Legislation And Its Effects On The Central American Migrant Crisis Of Women, Yamilet Eliezet Cortes Gil
Senior Projects Spring 2018
Under U.S. Asylum Law a person can seek protection by proving that they have been subject to persecution on account of their : 1) political opinion 2) race 3) religion 4) nationality 5) membership in a particular social group (Nexus). The Board of Immigration Appeals (BIA), Federal Circuit Courts, and the Supreme Court continue to hesitate to establish “women” as a particular social group that faces persecution. The current Central American migrant crisis of women is the first challenge of this magnitude to U.S. asylum law rethinking its stance on qualifying women as a particular social group. I ...
The Loving Story: Using A Documentary To Reconsider The Status Of An Iconic Interracial Married Couple, 2018 University of Pennsylvania Law School
The Loving Story: Using A Documentary To Reconsider The Status Of An Iconic Interracial Married Couple, Regina Austin
Faculty Scholarship at Penn Law
The Loving Story (Augusta Films 2011), directed by Nancy Buirski, tells the backstory of the groundbreaking U.S. Supreme Court case, Loving v. Virginia, that overturned state laws barring interracial marriage. The article looks to the documentary to explain why the Lovings should be considered icons of racial and ethnic civil rights, however much they might be associated with marriage equality today. The film shows the Lovings to be ordinary people who took their nearly decade long struggle against white supremacy to the nation’s highest court out of a genuine commitment to each other and a determination to live ...
Multiracial Malaise: Multiracial As A Legal Racial Category, 2018 University of Maryland - Baltimore
Multiracial Malaise: Multiracial As A Legal Racial Category, Taunya L. Banks
One byproduct of increased interracial marriages post Loving is a growing number of multiracial children. This cohort of multiracials tends to overshadow older and larger generations of multiracial people whose genealogical mixture is more distant. Some interracial couples, their multiracial children and others support a multiracial category on the U.S. Census. Proponents argued that multiracial individuals experience a unique type of discrimination that warrants treating them as a separate racial category. This article concedes that multiracial individuals should enjoy the freedom to self-identify as they wish, and like others, be protected by anti-discrimination law. It concludes, however, that current ...
Charter Schools And School Desegregation Law, 2018 Mitchell Hamline School of Law
Charter Schools And School Desegregation Law, Will Stancil
Mitchell Hamline Law Review
No abstract provided.
Diversity As A Trade Secret, 2018 Georgetown University Law Center
Diversity As A Trade Secret, Jamillah Bowman Williams
Georgetown Law Faculty Publications and Other Works
Throughout history, women and racial minorities have been excluded and marginalized in the United States workforce. Many of the industries that dominate the economy in wealth, status, and power continue to struggle with a lack of diversity. Various stakeholders have been mobilizing to improve access and equity, but there is an information asymmetry that makes this pursuit daunting. When potential plaintiffs and other diversity advocates use FOIA and discovery requests to access relevant employment information, many companies have responded with virulent attempts to maintain secrecy. To conceal this information, companies have increasingly made the novel argument that diversity data and ...
How Defendant Characteristics Affect Sentencing And Conviction In The Us, 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 ...
Excavating Race-Based Disadvantage Among Class-Privileged People Of Color, 2018 Boston Univeristy School of Law
Excavating Race-Based Disadvantage Among Class-Privileged People Of Color, Khiara Bridges
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 ...