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The Economic Justice Imperative For Lawyers In Trump Country, Priya Baskaran

Scholarly Articles in Law Reviews & Journals

This article serves as a call to action for rural law schools to meaningfully incorporate economic justice into transactional legal education, and in doing so, train much needed rural advocates, legal experts, and local leaders. Rural areas are continuously portrayed as “Trump Country” in today’s mainstream media coverage, which largely focuses on socio-cultural differences between urban and rural areas. Many rural scholars and activists are troubled by the “Trump Country” label as it masks the structural poverty issues that lead to housing insecurity, water insecurity, poor public health indicators, unemployment, underemployment, troubled public education systems, and environmental degradation impacting both …

To Actually Give A Fair Chance: "Ban The Box" Law And The "Rationale Relationship" Standard, Stephanie Leacock

American University Business Law Review

No abstract provided.

Religious Liberty For A Select Few, Sharita Gruberg, Frank J. Bewkes, Elizabeth Reiner Platt, Katherine M. Franke, Claire Markham

Faculty Scholarship

This report discusses how the Department of Justice’s guidance opens the door to an extreme rewriting of the concept of religious liberty. The guidance — and the numerous agency rules, enforcement actions, and policies that it is influencing — will shift the balance of individual religious protections across the federal government toward a new framing that allows religious beliefs to be used as a weapon against minority groups.

Sanctuary And Harboring In Trump's America, John Medeiros, Philip Steger

Mitchell Hamline Law Review

No abstract provided.

The Legacy Of Civil Rights And The Opportunity For Transactional Law Clinics, Lynnise E. Pantin

Faculty Scholarship

At the end of the historic march from Selma to Montgomery in 1965, Reverend Dr. Martin Luther King Jr. famously paraphrased abolitionist and Unitarian minister Theodore Parker stating, “the arc of the moral universe is long, but it bends towards justice.” The implication of the phrase is that the social justice goals of the Civil Rights Movement would eventually be achieved. His prayer was that servants of justice would be rewarded in due time. In other words, that the goals of the Civil Rights Movement would be achievable at some point in the future. President Obama resurrected the phrase throughout …

Alternative Spring Break 2018 Report, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

New Takes On Jim Crow: A Review Of Recent Scholarship, Anders Walker

All Faculty Scholarship

More than half a century has passed since C. Vann Woodward penned his iconic monograph, The Strange Career of Jim Crow, and legal segregation continues to compel. Recent works have reassessed Jim Crow’s birth, its life, and its aftermath, suggesting that the system was at once more implicated in the reproduction of racist ideas than had been previously assumed, and also more fluid: a variegated landscape of rules and norms that lent themselves to various forms of political, legal, and cultural resistance.

Socioeconomic Status Discrimination, Danieli Evans

Articles

This Article makes the case for protecting socioeconomic status (SES) under discrimination statutes that govern employment, housing, education, voting, public accommodations, and credit/lending. While others have argued that poverty should be a protected class under the Fourteenth Amendment, the courts have rejected this idea. The possibility of protecting SES under discrimination statutes has received little consideration. I argue that this idea deserves more serious attention. I advance four arguments in favor of adding SES to the list of protected traits. Two moral, one political, and one legal.

First and most straightforward, the values animating discrimination law apply to poverty: Existing …

Walking While Trans: Profiling Of Transgender Women By Law Enforcement, And The Problem Of Proof, Leonore F. Carpenter, R. Barrett Marshall

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Motion Of Fred T. Korematsu Center For Law And Equality, Columbia Legal Services, And Washington Defender Association For Leave To File Amicus Curiae Brief In Support Of Respondent, Fred T. Korematsu Center For Law And Equality, Washington Defender Association, Columbia Legal Services

Fred T. Korematsu Center for Law and Equality

State of Washington v. Marvin Leo

Defense Counsel And Public Defence, Eve Brensike Primus

Book Chapters

Public-defense delivery systems nationwide are grossly inadequate. Public defenders are forced to handle caseloads that no one could effectively manage. They often have no funding for investigation or expert assistance. They aren’t adequately trained, and there is little to no oversight of their work. In many jurisdictions, the public-defense function is not sufficiently independent of the judiciary or the elected branches to allow for zealous representation. The result is an assembly line into prison, mostly for poor people of color, with little check on the reliability or fairness of the process. Innocent people are convicted, precious resources are wasted, and …

The Role Of The State Attorney General In Preventing And Punishing Hate Crimes Through Civil Prosecution: Positive Experiences And Possible First Amendment Potholes, Amy Dieterich

Maine Law Review

On July 3, 2006, Lewiston, Maine resident Brent Matthews threw a pig's head as "a joke" into the town's only mosque, frequented primarily by Somali refugees, during evening services. Because of Matthews' "joke," members of the mosque were required by Islamic law to clean the desecrated area seven times, attendance at the mosque decreased, and some members said they feared physical harm. Unfortunately for Matthews, Maine is one of eight states that has given its Attorney General the authority to seek a civil remedy for a violation of a citizen's civil rights, which can be pursued concurrently or exclusively of …

Recollections Of My Time In The Civil Rights Movement, Melvyn H. Zarr

Maine Law Review

A while back, in November 2007, some students came down after class and asked me why I never told any personal stories during class. I gave them my standard reply that class time was too valuable for the telling of "war stories." "Well," they countered, "would you be willing to tell your 'back story' after class?" I had no objection to that, as long as they would set it up. I half-expected nothing further to come of it, but the students did set it up, publicizing it to the whole law school community. On the appointed day, an overflow crowd …

Reflections On Forty Years Of Private Practice And Sustained Pro Bono Advocacy, Stephen H. Oleskey

Maine Law Review

I am going to address two topics. The first is the one Judge Coffin asked me to address in October 2009, when I was invited to give the 2010 Coffin Lecture: how to combine the private practice of law with an active pro bono practice. The second topic is the one Dean Peter Pitegoff and I agreed to add: a brief discussion of legal developments in national security law since 9/11. My pro bono involvement in Guantanamo Habeas litigation began in 2004 and led directly to my interest in national security law and to my recognition of how difficult it …

Master File, Masterpiece Cakeshop, Ltd. V. Colo. Civil Rights Comm., __ U.S. __ (2017): Legislative History Of Sb08-200, Matt Simonsen

Research Data

This Master File of the legislative history of a 2008 amendment to the Colorado Anti-Discrimination Act (CADA) was researched and compiled by Matt Simonsen, J.D. Candidate 2019, University of Colorado Law School, and submitted to law professors Craig Konnoth and Melissa Hart. The SB08-200 Master File is cited in Brief of Amici Curiae Colorado Organizations and Individuals in Support of Respondents, Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, __U.S.__ (2018) (No. 16-111).

449 p.

A Silent Struggle: Constitutional Violations Against The Hearing Impaired In New York State Prisons, Farina Barth

Journal Articles

No abstract provided.

The Five Stages Of Lgbtq Discrimination And Its Effects On Mass Incarceration, Michael D. Braunstein

University of Miami Race & Social Justice Law Review

Although the Supreme Court’s recent decision in Obergefell v. Hodges provided some indication of equality for members of the LBGTQ community, the sad truth is that discrimination against those who do not identify as “heterosexual” reaches far deeper than the right to marry. This discrimination is especially present with regards to biased treatment by law enforcement officers and a lack of accommodations or protections within the court and prison systems. In a nation that has seen various groups of people fight for and earn their equality over and over again, it is truly concerning that the LGBTQ community is still …

Fred T. Korematsu Center For Law And Equality's Motion For Leave To File Amicus Curiae Brief In Support Of Plaintiffs' Motion For Preliminary Injunction, Fred T. Korematsu Center For Law And Equality, Attorneys For Amicus Curiae

Fred T. Korematsu Center for Law and Equality

Northwest Immigrant Rights Project v. Sessions

Injustice Under Law: Perpetuating And Criminalizing Poverty Through The Courts, Judge Lisa Foster

Georgia State University Law Review

Money matters in the justice system. If you can afford to purchase your freedom pretrial, if you can afford to immediately pay fines and fees for minor traffic offenses and municipal code violations, if you can afford to hire an attorney, your experience of the justice system both procedurally and substantively will be qualitatively different than the experience of someone who is poor. More disturbingly, through a variety of policies and practices—some of them blatantly unconstitutional—our courts are perpetuating and criminalizing poverty. And when we talk about poverty in the United States, we are still talking about race, ethnicity, and …

Motion For Leave To File Brief Of Amici Curiae The Fred T. Korematsu Center For Law And Equality, Jay Hirabayashi, Holly Yasui, Karen Korematsu, Civil Rights Organizations, And National And Michigan Bar Associations Of Color In Support Of Plaintiffs, Fred T. Korematsu Center For Law And Equality, Robert Chang, Attorneys For Amicus Curiae

Fred T. Korematsu Center for Law and Equality

Arab American Civil Rights League et al. v. Donald Trump

Village Of Kotlik’S Complaint In Kotlik Et Al. V. Frontline Hospital Et Al., Alaska Legal Services Corporation, Fred T. Korematsu Center For Law And Equality

Fred T. Korematsu Center for Law and Equality

Kotlik et al. v. Frontline Hospital et al.

Evicted: The Socio-Legal Case For The Right To Housing, Lisa T. Alexander

Faculty Scholarship

Matthew Desmond's Evicted: Poverty and Profit in the American City is a triumphant work that provides the missing socio-legal data needed to prove why America should recognize housing as a human right. Desmond's masterful study of the effect of evictions on Milwaukee's urban poor in the wake of the 2008 U.S. housing crisis humanizes the evicted, and their landlords, through rich and detailed ethnographies. His intimate portrayals teach Evicted's readers about the agonizingly difficult choices that low-income, unsubsidized tenants must make in the private rental market. Evicted also reveals the contradictions between "law on the books" and "law-in-action." Its most …

The Negative Ramifications Of Hate Crime Legislation: It’S Time To Reevaluate Whether Hate Crime Laws Are Beneficial To Society, Briana Alongi

Pace Law Review

Supporters of hate crime legislation suggest that the primary reason for the codification of hate crime laws is “to send a strong message of tolerance and equality, signaling to all members of society that hatred and prejudice on the basis of identity will be punished with extra severity.” However, hate crime laws may actually be accomplishing the opposite effect of tolerance and equality because they encourage U.S. citizens to view themselves, not as members of our society, but as members of a protected group. The enactment of hate crime legislation at the federal and state levels has led to unintended …

Justice For Noncitizens: A Case For Reforming The Immigration Legal System, Anna Paden Carson

VA Engage Journal

The immigration legal system exists as a function of the executive branch rather than the judicial branch, and many of the constitutional rights guaranteed in a judicial court do not continue into the immigration legal sphere. Noncitizen defendants in the immigration court system are not guaranteed the same due process rights or right to appointed counsel as United States citizens, which severely limits their chance of a successful outcome. Moreover, while many noncitizens await their trials in these courts, they are often placed in one of the 234 immigration detention facilities across the nation, which further exacerbates the direness of …

Executive Disorder: The Muslim Ban, Emergency Advocacy, And The Fires Next Time, Abed Ayoub, Khaled Beydoun

Michigan Journal of Race and Law

On January 27, 2017, one week into his presidency, Donald Trump enacted Executive Order No. 13769, popularly known as the “Muslim Ban.” The Order named seven Muslim-majority nations and restricted, effective immediately, the reentry into the United States of visa and green card holders from these states. With the Muslim Ban, President Trump delivered on a central campaign promise, and as a result, injected Islamophobia into American immigration law and policy.

The Muslim Ban had an immediate impact on tens of thousands of Muslims, directly affecting U.S. visa and green card holders currently outside of the country, while exacerbating fear …

Newsroom: Ny Times: Refugee, Immigrant, And Citizen 02-27-2017, Alexandra S. Levine, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Brief Of The Fred T. Korematsu Center For Law And Equality, Jay Hirabayashi, Holly Yasui, Karen Korematsu, Civil Rights Organizations, And National And New York Bar Associations Of Color, As Amici Curiae In Support Of The Relief Sought By Petitioners And Intervenor-Plaintiff, Fred T. Korematsu Center For Law And Equality, Attorneys For Amicus Curiae

Fred T. Korematsu Center for Law and Equality

No abstract provided.

Social Justice And Legal Writing Collaborations: Promoting Student Engagement And Faculty Fulfillment, Kirsten Clement, Stephanie Roberts Hartung

DePaul Journal for Social Justice

No abstract provided.

A Silent Epidemic: Revisiting The 2013 Reauthorization Of The Violence Against Women Act To Better Protect American Indian Native Women, Rory Flay

American Indian Law Journal

No abstract provided.

“Meaningful Access” Demands Meaningful Efforts: The Need For Greater Access To Virginia State Courts For Limited English Proficient Litigants, Carolyn Harlamert

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.