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The Social Construction Of Race: Some Observations On Illusion, Fabrication, And Choice, Ian F. Haney-Lopez 2017 Berkeley Law

The Social Construction Of Race: Some Observations On Illusion, Fabrication, And Choice, Ian F. Haney-Lopez

Ian F. Haney-López

No abstract provided.


Race, Ethnicity, Erasure: The Salience Of Race To Latcrit Theory, Ian F. Haney-López 2017 Berkeley Law

Race, Ethnicity, Erasure: The Salience Of Race To Latcrit Theory, Ian F. Haney-López

Ian F. Haney-López

No abstract provided.


Retaining Race: Latcrit Theory And Mexican American Identity In Hernandez V. Texas, Ian F. Haney Lopez 2017 Berkeley Law

Retaining Race: Latcrit Theory And Mexican American Identity In Hernandez V. Texas, Ian F. Haney Lopez

Ian F. Haney-López

No abstract provided.


Institutional Racism: Judicial Conduct And A New Theory Of Racial Discrimination, Ian F. Haney-Lopez 2017 Berkeley Law

Institutional Racism: Judicial Conduct And A New Theory Of Racial Discrimination, Ian F. Haney-Lopez

Ian F. Haney-López

No abstract provided.


Post-Racial Racism: Racial Stratification And Mass Incarceration In The Age Of Obama, Ian F. Haney-López 2017 Berkeley Law

Post-Racial Racism: Racial Stratification And Mass Incarceration In The Age Of Obama, Ian F. Haney-López

Ian F. Haney-López

The 2008 election of Barack Obama to the U.S. presidency is racially momentous. Few would gainsay that the elevation of an African American to the most powerful and most public position in our national life signals a remarkable step toward racial equality. But what exactly does Obama's election portend for race in America? This Essay uses the tremendous racial disparities in the American crime control system to assess race and racism as key features of contemporary society. The Essay begins by considering a compelling thesis that racialized mass incarceration stems from backlash to the civil rights movement. If ...


Protest, Repression, And Race: Legal Violence And The Chicano Movement, Ian F. Haney-Lopez 2017 Berkeley Law

Protest, Repression, And Race: Legal Violence And The Chicano Movement, Ian F. Haney-Lopez

Ian F. Haney-López

Examines the role played by legal violence in contributing to the emergence of a non-White identity among Mexicans in Los Angeles, California. Discussion on the social movement theory; Emphasis on the African-American struggle for equality as an initiator movement; Variations in human physiognomy.


Protest, Repression, And Race: Legal Violence And The Chicano Movement, Ian F. Haney-Lopez 2017 Selected Works

Protest, Repression, And Race: Legal Violence And The Chicano Movement, Ian F. Haney-Lopez

Ian F. Haney-López

No abstract provided.


The Effects Of Promising To Tell The Truth, The Putative Confession, And Recall And Recognition Questions On Maltreated And Non-Maltreated Children's Disclosure Of A Minor Transgression, Jodi A. Quas, Stacia N. Stolzenberg, Thomas D. Lyon 2017 Arizona State University

The Effects Of Promising To Tell The Truth, The Putative Confession, And Recall And Recognition Questions On Maltreated And Non-Maltreated Children's Disclosure Of A Minor Transgression, Jodi A. Quas, Stacia N. Stolzenberg, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

This study examined the utility of two interview instructions designed to overcome children’s reluctance to disclose transgressions: eliciting a promise from children to tell the truth and the putative confession (telling children that a suspect “told me everything that happened and wants you to tell the truth”). The key questions were whether the instructions increased disclosure in response to recall questions and in response to recognition questions that were less or more explicit about transgressions, and whether instructions were differentially effective with age. Two-hundred and seventeen 4- to 9-year-old maltreated and comparable non-maltreated children played with a stranger. This ...


Child Witnesses, Thomas D. Lyon, Kelly McWilliams, Shanna Williams 2017 University of Southern California

Child Witnesses, Thomas D. Lyon, Kelly Mcwilliams, Shanna Williams

University of Southern California Legal Studies Working Paper Series

In this chapter we provide an overview of psychological issues involving children’s capacities as witnesses. First, we discuss the kinds of cases in which children are usually involved. Across different courts, one most often sees children describing abuse at the hands of familiar adults. Second, we describe the difficulties children encounter in disclosing abuse, particularly when it is perpetrated by adults close to them. These dynamics lead most children to remain silent, and only the most forthcoming children to disclose. Third, we suggest a framework for assessing children’s allegations, in which child-generated and adult-generated information lie on opposite ...


Collaborative Gatekeepers, Stavros Gadinis 2017 Berkeley Law

Collaborative Gatekeepers, Stavros Gadinis

Stavros Gadinis

No abstract provided.


From Independence To Politics In Financial Regulation, Stavros Gadinis 2017 Berkeley Law

From Independence To Politics In Financial Regulation, Stavros Gadinis

Stavros Gadinis

Independent agencies have long dominated the institutional structure of financial regulation. But after the 2007-08 crisis, this Article argues, the independent agency paradigm is under attack. To monitor financial institutions more thoroughly and address future failures more effectively, the United States and other industrialized nations redesigned the framework of financial regulation. Post-2008 laws allocate new powers not to independent bureaucrats, but to elected politicians and their direct appointees. To document this global paradigm shift, the Article examines the laws of fifteen key jurisdictions for international banking: the United States, the United Kingdom, France, Germany, Japan, Spain, Switzerland, Belgium, Ireland, Italy ...


Collaborative Gatekeepers, Stavros Gadinis, Colby Mangels University of California - Berkeley 2017 University of California - Berkeley

Collaborative Gatekeepers, Stavros Gadinis, Colby Mangels University Of California - Berkeley

Stavros Gadinis

In their efforts to hold financial institutions accountable after the 2007 financial crisis, U.S. regulators have repeatedly turned to anti-money-laundering laws. Initially designed to fight drug cartels and terrorists, these laws have recently yielded billion-dollar fines for all types of bank engagement in fraud and have spurred an overhaul of financial institutions’ internal compliance. This increased reliance on anti-money-laundering laws, we argue, is due to distinct features that can better help regulators gain insights into financial fraud. Most other financial laws enlist private firms as gatekeepers and hold them liable if they knowingly or negligently engage in client fraud ...


Invisible Women: Syrian Victims Of Gender-Based Violence As A Particular Social Group In U.S. Asylum Law, Sarah Dávila-Ruhaak 2017 John Marshall Law School

Invisible Women: Syrian Victims Of Gender-Based Violence As A Particular Social Group In U.S. Asylum Law, Sarah Dávila-Ruhaak

Sarah Dávila-Ruhaak

In the midst of the worst humanitarian crisis of our time, in Syria, we have seen extreme suffering by millions who have been summarily executed, tortured, imprisoned, raped, starved, and bombed with chemical weapons. Specifically, we have seen that women have been the target of gender-based violence in the conflict by and with the acquiescence of the Assad regime forces and by opposition groups. Women have been human shields; hostages for the bargaining of prisoner release; and victims of sexual violence and exploitation, forced marriage, and other forms of violence such as honor killings. This gender-based violence has rendered women ...


Panel 1: "Shouldn't You Be Retiring Already?": Age Stereotypes In The Modern Era, Catherine Fisk, Sarah Barber, Helen Dennis, Dara Smith 2017 Berkeley Law

Panel 1: "Shouldn't You Be Retiring Already?": Age Stereotypes In The Modern Era, Catherine Fisk, Sarah Barber, Helen Dennis, Dara Smith

Catherine Fisk

No abstract provided.


19. Child Witnesses., Thomas D. Lyon, Kelly McWilliams, Shanna Williams 2017 John Jay College of Criminal Justice

19. Child Witnesses., Thomas D. Lyon, Kelly Mcwilliams, Shanna Williams

Thomas D. Lyon

In this chapter we provide an overview of psychological issues involving children’s capacities as witnesses. First, we discuss the kinds of cases in which children are usually involved. Across different courts, one most often sees children describing abuse at the hands of familiar adults. Second, we describe the difficulties children encounter in disclosing abuse, particularly when it is perpetrated by adults close to them. These dynamics lead most children to remain silent, and only the most forthcoming children to disclose. Third, we suggest a framework for assessing children’s allegations, in which child-generated and adult-generated information lie on opposite ...


Algorithmic Jim Crow, Margaret Hu 2017 Washington and Lee University School of Law

Algorithmic Jim Crow, Margaret Hu

Margaret Hu

This Article contends that current immigration- and security-related vetting protocols risk promulgating an algorithmically driven form of Jim Crow. Under the “separate but equal” discrimination of a historic Jim Crow regime, state laws required mandatory separation and discrimination on the front end, while purportedly establishing equality on the back end. In contrast, an Algorithmic Jim Crow regime allows for “equal but separate” discrimination. Under Algorithmic Jim Crow, equal vetting and database screening of all citizens and noncitizens will make it appear that fairness and equality principles are preserved on the front end. Algorithmic Jim Crow, however, will enable discrimination on ...


Foreign Bribery: Incentives And Enforcement, Jonathan Karpoff 2017 University of Washington

Foreign Bribery: Incentives And Enforcement, Jonathan Karpoff

Law, Economics, & Business Workshop

No abstract provided.


2nd Amendment In An Age Of Terror, Maloney Library 2017 Fordham Law School

2nd Amendment In An Age Of Terror, Maloney Library

Posters

Maloney Library lecture series, Behind the Book.


Rule Of Law In The Age Of The Drone: Requiring Transparency And Disqualifying Clandestine Actors—The Cia And The Joint Special Operations Command, Thomas Michael McDonnell 2017 University of Miami Law School

Rule Of Law In The Age Of The Drone: Requiring Transparency And Disqualifying Clandestine Actors—The Cia And The Joint Special Operations Command, Thomas Michael Mcdonnell

University of Miami Law Review

Since shortly after 9/11, weaponized drones have become part of the fabric of United States policy and practice in countering Islamic terrorist organizations and personnel. Although many diplomats, UN officials, and scholars have criticized the widespread use of this weapon system for “targeted killing,” drones are here to stay. But how much investigation and oversight must a democratic country carry out over such a program, and more critically, how can a country do so effectively when the Executive has handed primary responsibility for drone targeted killing attacks to its clandestine forces, the Central Intelligence Agency and the Joint Special ...


Contra Scalia, Thomas, And Gorsuch: Originalists Should Adopt A Living Constitution, R. Randall Kelso 2017 University of Miami Law School

Contra Scalia, Thomas, And Gorsuch: Originalists Should Adopt A Living Constitution, R. Randall Kelso

University of Miami Law Review

Two main approaches appear in the popular literature on constitutional interpretation: originalism and non-originalism. An originalist approach refers back to some aspect of the framers’ and ratifiers’ intent or action to justify a decision. A non-originalist approach bases the goal of constitutional interpretation in part on consideration of some justification independent of the framers’ and ratifiers’ intent or action.

What is often unappreciated in addressing the question of whether to adopt an originalist or non-originalist approach to constitutional interpretation is the complication that emerges if one concludes that the framing and ratifying generation believed in the model of a living ...


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