The Legacy Of Slavery And The Continued Marginalization Of Communities Of Color Within The Legal System, 2017 The Graduate Center, City University of New York
The Legacy Of Slavery And The Continued Marginalization Of Communities Of Color Within The Legal System, Julia N. Alvarez
All Graduate Works by Year: Dissertations, Theses, and Capstone Projects
The aim of this thesis paper is to demonstrate how the history of slavery in the United States continues to marginalize communities of color. The history of slavery in America was the result of various factors. Some of these factors included but were not limited to; economic, legal, and social. Slavery provided a reliable and self-reproducing workforce. The laws enacted during slavery ensured the continuation of the social order of the time. This social order was based on the generalized understanding that blacks were born into servitude. Those born into slavery were not given the same legal or economic status ...
Keep The Patels: How Culturally Competent Teamwork Can Alleviate The Law's Diversity Retention Problem, 2017 United States Bankruptcy Court
Keep The Patels: How Culturally Competent Teamwork Can Alleviate The Law's Diversity Retention Problem, Danisha Brar
Concordia Law Review
In the midst of an argument with law school classmates, I once remarked that I felt simultaneously invisible as a woman of color, or more specifically as a South Asian woman. A well-intentioned friend offered consolation in the form of an assurance: she had never viewed me as not-white, and in fact had always thought of me as white. This statement was not intended to insult me—in fact, I immediately knew what she meant: she had always thought of me as a person first—her vision of me was free of any overt racism. But I did not want ...
Marriage, Millennials, And Massive Student Loan Debt, 2017 Concordia University School of Law
Marriage, Millennials, And Massive Student Loan Debt, Victoria J. Haneman
Concordia Law Review
The purpose of this Essay is to explore the idea that the student loan indebtedness bearing down upon the majority of today’s college graduates creates economic insecurity that forces borrowers to reject or significantly delay marriage, and that burden, taken together with an already lukewarm Millennial attitude, may not bode well for the future of the institution. Record numbers of Millennials have rejected the traditional path of marriage-homeownership-children, and the percentage of Millennials who will marry by age 40 is projected to fall lower than the figure for any previous generation of Americans. To the extent that marriage is ...
The Crisis Inside Crisis Pregnancy Centers: How To Stop These Facilities From Depriving Women Of Their Reproductive Freedom, 2017 Boston College Law School
The Crisis Inside Crisis Pregnancy Centers: How To Stop These Facilities From Depriving Women Of Their Reproductive Freedom, Brittany A. Campbell
Boston College Journal of Law & Social Justice
Since the late 1960s, pro-life activists have been flooding the United States with crisis pregnancy centers (CPCs), facilities disguised as legitimate reproductive health clinics but, in reality, are mostly unlicensed centers that do not provide contraception or abortion services. These facilities deprive women of their reproductive freedom when they engage in deceptive practices to coerce women out of terminating their pregnancies. This Note examines recent unsuccessful attempts to curb CPC practices and highlights the destructive impacts of CPCs, particularly on young, low-income, and minority women. Misleading CPC tactics bar women from exercising their constitutional right to command their reproductive decisions ...
“Hurdling” Gender Identity Discrimination: The Implications Of State Participation Policies On Transgender Youth Athletes’ Ability To Thrive, Kayla L. Acklin
Boston College Journal of Law & Social Justice
The number of students, in grades kindergarten through high school, who identify as transgender has steadily increased during the last decade. These students seek the same opportunities as their cisgender peers, but are often denied participation in athletic activities because of their non-conforming gender-behavior. Currently, there is no federal law governing transgender participation in sports, which has resulted in an inconsistency among state athletic associations’ participation policies; the vast majority of states restricts participation. These states are limiting transgender students’ ability to receive the benefits that sports provide. To solve this inconsistency and provide equal opportunity for transgender students, this ...
The Uneven Scales Of Lady Justice, 2017 Georgia College and State University
The Uneven Scales Of Lady Justice, Jessica H. Shepard
Georgia College Student Research Events
For centuries, women have been assigned a specific gender role, and men hold them accountable to stay within this role. When these roles are broken, severe punishment or dismissal can be the result. From the Demonic age to today, as well as the different schools of criminology, the way women have been treated has been documented. The evil woman theory introduces the idea that when women commit a crime, they are no longer acting in the stereotypical way of a woman; therefore, punishment should be more severe. On the other side, some men treat women with chivalry, seeing them as ...
Mercury’S Toxic Process: How Bad Science And Bad Decisions Caused A Public Health Crisis, 2017 Boston College Law School
Mercury’S Toxic Process: How Bad Science And Bad Decisions Caused A Public Health Crisis, Cameryn Mercurio
Boston College Environmental Affairs Law Review
Since 1998, ethylmercury, a vaccine preservative, has often been confused with methylmercury, a dangerous neurotoxin, by the government and public. This confusion has led to a decrease in vaccination rates and an increase in the spread of preventable disease. Despite significant efforts to educate the public on the inaccuracy of studies linking ethylmercury to autism, the public health agencies have been unsuccessful in demonstrating to the public that the substance is safe. This Note analyzes the actions taken by the public health agencies responding to public concerns about ethylmercury’s use in vaccines and recommends that the agencies undertake a ...
Rwu First Amendment Blog: David Logan's Blog: Donald Trump And The Full-Employment-For-Lawyers Presidency, 2017 Roger Williams University School of Law
Rwu First Amendment Blog: David Logan's Blog: Donald Trump And The Full-Employment-For-Lawyers Presidency, David A. Logan
Law School Blogs
No abstract provided.
Discriminatory Intent And Implicit Bias: Title Vii Liability For Unwitting Discrimination, 2017 Boston College Law School
Discriminatory Intent And Implicit Bias: Title Vii Liability For Unwitting Discrimination, Amelia M. Wirts
Boston College Law Review
Studies consistently show that African Americans face more employment scrutiny and negative employment actions than their white coworkers. Recognizing that much of the explicit racism of the twentieth century has given way to subtle and often unconscious discriminatory biases, this Note argues that current Title VII jurisprudence contains the tools and legal distinctions to provide legal redress for this implicit bias. Discriminatory intent, a requisite showing for plaintiffs bringing Title VII disparate treatment claims, should not be understood to require proof of a particular mental state. Instead, the current law should—and could—simply require that plaintiffs demonstrate a causal ...
The Racialization Of Juvenile Justice And The Role Of The Defense Attorney, 2017 Yale Law School
The Racialization Of Juvenile Justice And The Role Of The Defense Attorney, Tamar R. Birckhead
Boston College Law Review
The existence of structural racism is not new. In fact, as the second decade of the twenty-first century comes to a close, there is evidence of a national political openness to acknowledging the phenomenon. This Article seizes upon this openness as it seeks to provide a fuller understanding of how structural racism operates within a branch of the criminal justice system that is often overlooked—the juvenile justice system. The Article offers a definition of racialization that acknowledges its multi-dimensional and fluid nature and the ways it is perpetuated via juvenile court rhetoric, processing, and procedure. It demonstrates how the ...
Race And Justice Outcomes: Contextualizing Racial Discrimination And Ferguson, 2017 Montclair State University
Race And Justice Outcomes: Contextualizing Racial Discrimination And Ferguson, Jason M. Williams
Ralph Bunche Journal of Public Affairs
While scores of literature may hint at the tumultuous relationship between the criminal justice system and Blacks, such literature, however, fail to assess, comprehensively, the intersectional purpose of present criminal justice processes and race. This paper will examine contemporary applications of justice along racial lines. It is argued that current justice outcomes are advantageous to the status quo. It is no secret that the American system of justice has a race problem; however, if the goal is to administer justice then, as this paper argues, the current system needs to be seriously examined and rebuilt. The paper also argues that ...
The Puzzle Of Deflategate: Private Agreements And The Possibility Of Biased Justice, 2017 Boston College Law School
The Puzzle Of Deflategate: Private Agreements And The Possibility Of Biased Justice, Alfred C. Yen
Boston College Law School Faculty Papers
In this Article, I study the implications of National Football League Management Council v. National Football League Players Association, the recent decision in which the United States Court of Appeals for the Second Circuit dealt New England Patriots star quarterback Tom Brady a stinging defeat in his so-called "Deflategate" case against the National Football League ("NFL"). I do so because, although most of the court's opinion follows well-established doctrine, a crucial portion of decision quickly glosses over important unanswered questions about federal arbitration law and the enforceability of pre-dispute arbitration agreements that contemplate the appointment of an evidently partial ...
An Invisible Crisis In Plain Sight: The Emergence Of The "Eviction Economy," Its Causes, And The Possibilities For Reform In Legal Regulation And Education, 2017 Northwestern University School of Law
An Invisible Crisis In Plain Sight: The Emergence Of The "Eviction Economy," Its Causes, And The Possibilities For Reform In Legal Regulation And Education, David A. Dana
Michigan Law Review
Review of Evicted: Poverty and Profit in the American City by Matthew Desmond.
Who Bleeds When The Wolves Bite? A Flesh-And-Blood Perspective On Hedge Fund Activism And Our Strange Corporate Governance System, 2017 University of Pennsylvania
Who Bleeds When The Wolves Bite? A Flesh-And-Blood Perspective On Hedge Fund Activism And Our Strange Corporate Governance System, Leo E. Strine Jr.
This paper examines the effects of hedge fund activism and so-called wolf pack activity on the ordinary human beings—the human investors—who fund our capital markets but who, as indirect of owners of corporate equity, have only limited direct power to ensure that the capital they contribute is deployed to serve their welfare and in turn the broader social good.
Most human investors in fact depend much more on their labor than on their equity for their wealth and therefore care deeply about whether our corporate governance system creates incentives for corporations to create and sustain jobs for them ...
Twenty Reasons To Publish In Dignity, 2017 University of Rhode Island
Twenty Reasons To Publish In Dignity, Donna M. Hughes
Dignity: A Journal on Sexual Exploitation and Violence
No abstract provided.
Response To The Influence Of Exile: Three Stories, 2017 University of Maryland Francis King Carey School of Law
Response To The Influence Of Exile: Three Stories, Bill Quigley
When I read Professor Sara Rankin’s article, The Influence of Exile,[I was reminded of three recent stories of how law, government, and business worked together to try to exile the homeless in our community. Though all parties continuously profess to be concerned only with the well-being of homeless people themselves, the laws transparently marginalize them. Though the following three stories about the impact of these laws are local to New Orleans, Louisiana, I am absolutely sure there are similar stories of similar happenings in most communities across the nation.
Professor Rankin’s article examines the very big picture ...
A Left Of Liberal Interpretation Of Trump's "Big" Win, Part One: Neoliberalism, 2017 Harvard Law School
A Left Of Liberal Interpretation Of Trump's "Big" Win, Part One: Neoliberalism, Duncan Kennedy
Nevada Law Journal Forum
The question of interpreting Donald Trump’s election, in liberal discourse, is mainly “how can he have won, given that he is racist and sexist?” The answer of many of my friends is that he won because his racism and sexism appealed to a shockingly large part of the electorate, confirming that “our whole society is sexist and racist.” According to the liberal conception, this is particularly true of the non-college part of the electorate, which had more “traditional” (racist and sexist) values and less cognitive ability to figure out that he was going to screw them. If they were ...
Bringing Racial Justice To The Courtroom And Community: Race Matters For Juvenile Justice And The Charlotte Model, 2017 University of North Carolina Charlotte
Bringing Racial Justice To The Courtroom And Community: Race Matters For Juvenile Justice And The Charlotte Model, Susan Mccarter, Elisa Chinn-Gary, Louis A. Trosch, Jr., Ahmed Toure, Abraham Alsaeedi, Jennifer Harrington
Washington and Lee Law Review Online
This article describes regional institutional organizing efforts to bring racial justice to the Charlotte courts and community through a collaborative called Race Matters for Juvenile Justice (RMJJ). The authors explain community and institutional organizing in-depth using the example of minority overrepresentation in the juvenile justice system, but recognize the pervasiveness of racial and ethnic disparities. Moreover, as the Race Matters for Juvenile Justice-Charlotte Model has gained national prominence, many jurisdictions seek to replicate the collaborative and the authors, therefore, provide RMJJ’s history as well as strategies for changing the narrative through communication and education, workforce development, data and research ...
Newsroom: Panel: The Press & The President 3-28-2017, 2017 Roger Williams University
Newsroom: Panel: The Press & The President 3-28-2017, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Obergefell’S Impact On Functional Families, 2017 The Catholic University of America, Columbus School of Law
Obergefell’S Impact On Functional Families, Raymond C. O'Brien
Catholic University Law Review
More than forty percent of children born in America are born to unmarried parents and only half of all cohabitating adults in America are currently married. While many children are born to single parents, others are part of the two-person unmarried cohabiting functional family paradigm. What is the status of these children?
This article examines the changing paradigm of parental status, specifically vis-à-vis homosexual couples with children, and the rights of the non-biological parent after separation. This article examines the changes in law in regards to unmarried parents leading up to the Uniform Parentage Act. It describes the equitable remedies ...