Digital Commons Network^™

Exiling The Poor: The Clash Of Redevelopment And Fair Housing In Post-Katrina New Orleans, Anita Sinha, Judith Browne-Dianis

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Healing The Trauma Of America's Past: Restorative Justice, Honest Patriotism, And The Legacy Of Ethnic Cleansing, Howard J. Vogel

Buffalo Law Review

No abstract provided.

Paying For The Sins Of Their Clients The Eeocs Position That Staffing Firms Can Be Liable When Their Clients Terminate An Assigned Employee For A Discriminatory Reason, Daniel P. O'Gorman

Faculty Scholarship

No abstract provided.

Reforming, Reclaiming Or Reframing Womanhood: Reflections On Advocacy For Women In Custody, Brenda V. Smith

Project on Addressing Prison Rape - Articles

Brenda V. Smith was asked to present one of the keynote addresses for the symposium, Behind Bars: The Impact of Incarceration on Women and Their Families, sponsored by the Women's Rights Law Reporter at Rutgers University School of Law in Newark. She then wrote the introductory essay for the publication which arose from that symposium. This essay addresses why it is imperative to reclaim the discourse about women in prison and discusses how the other papers that appear in this issue aid in that project.

Why Student Religious Speech Is Speech, John E. Taylor

West Virginia Law Review

No abstract provided.

Katrina’S Window: Localism, Re-Segregation And Equitable Regionalism, David D. Troutt

Rutgers Law School (Newark) Faculty Papers

The worst national disaster in United States history also showcased the dire consequences of localism as the cultural and legal successor to de jure segregation. Long before Hurricanes Katrina and Rita devastated the Gulf Coast, New Orleans’ status as an exceptional city had been lost to Americanizing trends. Its resistance to the conventional racial binary was overcome after Reconstruction; its unique densities and accommodation of the physical landscape were transformed into sprawling divisions by technology and suburbanization. From the Brown decision forward, New Orleans and the metropolitan area around it developed much like the rest of the nation. Localist tendencies …

"Balancing Your Strengths Against Your Felonies": Considerations For Military Recruitment Of Ex-Offenders, Michael Boucai

Journal Articles

Existing work on ex-offenders’ access to military employment too narrowly represents both the Armed Forces’ and the public’s interests in the issue. This Article proposes to shift the conversation from ex-offenders’ usefulness to the Armed Forces to the reciprocal responsibilities and benefits involved for these potential recruits, the military, and society at large. Part One reviews the rules, policies, and procedures governing the “moral waivers” that allow thousands of individuals with criminal histories to enlist each year, and it shows that that the waiver system nonetheless often fails to detect the criminal backgrounds of many recruits. Part Two reviews some …

Session 10 - Risk Education: Teaching (And Learning) About Technology And Uncertainty In Society, Julian Kilker

International Symposium on Technology and Society

Recently heightened concerns about governmental and corporate surveillance, coupled with long-term social and psychological research on privacy, present both an opportunity and a challenge for discussions about risks and risk assessments related to national security and civil liberties, as well as discussions about the social implications of technology in general. These issues include ethics, assessing uncertainty, balancing risks, and negotiating multidisciplinary expertise. This paper contextualizes the planning, implementing, and responses to several iterations of the Honors course “Who’s watching? Media, privacy, and surveillance,” within the larger topic of pedagogical practices appropriate for examining important, but controversial, topics related to technology …

Immigration And Language Rights: The Evolution Of Private Racist Attitudes Into American Public Law And Policy, Lupe S. Salinas

Nevada Law Journal

No abstract provided.

Unconstitutional Conditional Release: A Pyrrhic Victory For Arrestees' Privacy Rights Under United States V. Scott, Andrew J. Smith

William & Mary Law Review

No abstract provided.

Outlawed And Exiled: Zero Tolerance And Second Generation Race Discrimination In Public Schools, Frances P. Solari, Julienne E.M. Balshaw

North Carolina Central Law Review

No abstract provided.

Legal Work And The Glass Cliff: Evidence That Women Are Preferentially Selected To Lead Problematic Cases, Julie S. Ashby, Michelle K. Ryan, S. Alexander Haslam

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

Recent archival and experimental research by Ryan and Haslam has revealed the phenomenon of the glass cliff whereby women are more likely than men to be appointed to risky or precarious leadership positions in problematic organizational circumstances. This paper extends research on the glass cliff by examining the precariousness of the cases women are assigned in a legal context. An experimental study conducted with law students (N = 114) investigated the appointment of a candidate to lead a legal case that was defined as either low-risk or high-risk. Commensurate with patterns observed in other domains, results indicated that a male …

Coping With Lasting Social Injustice, Jonathan R. Cohen

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

When 2 Or 3 Come Together, Tracey L. Meares, Kelsi Brown Corkan

William & Mary Law Review

This Article investigates policies that are responsive to crime in disadvantaged, urban neighborhoods from a community-based context. The vehicle is an analysis of a community-wide prayer vigil held in Chicago in May of 1997. The vigil resulted from a collaboration between the Chicago Police Department and hundreds of mostly African-American churches on Chicago's West Side. Strikingly, the local police district's commander facilitated the vigil. The Article explains the sociological and political significance of this collaboration by drawing on the "Chicago School" of urban sociology, and demonstrating theoretically and empirically the potential for collaboration, through the integration of key community institutions, …

Time To Step Up: Modeling The African American Ethnivestor For Self Help Entrepreneurship In Urban America, Roger M. Groves

ExpressO

Almost $6 billion in taxes paid by the American people have been rather ubiquitously placed in the hands of a federal subsidy program for investors in low income communities. The subsidy is in the form of a tax credit. The program is entitled the New Markets Tax Credit (“NMTC”) initiative. Under the program, the tax credit is used to lure investors to provide equity capital into low income areas, urban and/or rural (i.e. a new market for equity funding). According to my companion law review article (Florida Tax Review, Spring, 2007; The Florida Tax Review was ranked 1st among tax …

Civil Liberties Advocacy Organizations In Canada: A Survey And Critique, Jeremy Patrick

ExpressO

Civil Liberties Advocacy Organizations in Canada: A Survey and Critique.” This article explores the structure and activities of modern civil liberties groups in Canada through a comparative look with the ACLU in the United States. The thesis of the article is that the Canadian model of having fragmented and isolated groups in some provinces is not as effective as the American model of having a single, national organization with affiliates in each state.

Interrogation Of Detainees: Extending A Hand Or A Boot?, Amos N. Guiora

ExpressO

The so called “war on terror” provides the Bush administration with a unique opportunity to both establish clear guidelines for the interrogation of detainees and to make a forceful statement about American values. How the government chooses to act can promote either an ethical commitment to the norms of civil society, or an attitude analogous to Toby Keith’s “American Way,” where Keith sings that “you’ll be sorry that you messed with the USofA, ‘Cuz we’ll put a boot in your ass, It’s the American Way.”

No aspect of the “war on terrorism” more clearly addresses this balance than coercive interrogation. …

The Dirty Little Secrets About Pay-To-Stay, Laurie L. Levenson, Mary Gordon

Michigan Law Review First Impressions

The dirty little secret is out: people with more money get a better deal in our criminal justice system. Anyone who has spent more than a nanosecond in this system knows it to be true, yet that does not make it right. It is an abomination to divert our attention to pay-to-stay programs instead of finding the resources to improve our general jail facilities to make them tolerable for every inmate. Don’t get us wrong—if we suffered the misfortune of being arrested, we would dearly love the opportunity to pay for a private jail facility. However, the pay-to-stay initiative is …

Undermining Individual And Collective Citizenship: The Impact Of Exclusion Laws On The African-American Community, S. David Mitchell

Faculty Publications

The purpose of this article is to expose felon exclusion laws as a method for undermining the individual and collective citizenship rights of the African-American community, and to call for their abolition.

Undermining Individual And Collective Citizenship: The Impact Of The Exclusion Laws On The African-American Community, S. David Mitchell

Fordham Urban Law Journal

The purpose of this Article is to demonstrate that felon exclusion laws are not race neutral and that the application of the laws has a racially discriminatory effect, and to call for their abolition. The laws contribute to the erosion of citizenship rights for the individual African-American ex-felon, and the undermining of the collective citizenship rights of the larger African-American community. Part II discusses the conceptualization of citizenship that underscores the premise of the Article. Part III discusses the exclusions that ex-felons encounter and the resulting impact on the individual and the community. Using Alabama as a case study, Part …

Falling To Pieces: New York State Civil Legal Remedies Available To Lesbian, Gay, Bisexual, And Transgender Survivors Of Domestic Violence, Sharon Stapel

NYLS Law Review

No abstract provided.

Rocks, Hard Places, And Unconventional Domestic Violence Victims: Expanding Availability Of Civil Orders Of Protection In New York, Sarah E. Warne

NYLS Law Review

No abstract provided.

Blackthink's™ Acting White Stigma In Education And How It Fosters Academic Paralysis In Black Youth, Kimberly Jade Norwood

Scholarship@WashULaw

Black students who attend school regularly, participate in the classroom experience — by either participating in class and/or turning in homework, take “AP” classes, and who perform well on tests are, not uncommonly, accused of “acting white.” This happened to me as a child, it has happened to my children and it has happened to black youth I have interviewed throughout the country. This Article explores the practice within the black community of blacks who attack — verbally and sometimes physically — other blacks simply because the latter perform well in school. The Article explores the ironies of this attack …

Transcript: Conference Participants Biographies, American University Washington College Of Law Disability Rights Law Clinic

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The Modern-Day Poll Tax: How Economic Sanctions Block Access To The Polls, Erika L. Wood, Neema Trivedi

Articles & Chapters

No abstract provided.

A Reader's Companion To Against Prediction: A Reply To Ariela Gross, Yoram Margalioth, And Yoav Sapir On Economic Modeling, Selective Incapacitation, Governmentality, And Race, Bernard E. Harcourt

Faculty Scholarship

From parole prediction instruments and violent sexual predator scores to racial profiling on the highways, instruments to predict future dangerousness, drug-courier profiles, and IRS computer algorithms to detect tax evaders, the rise of actuarial methods in the field of crime and punishment presents a number of challenging issues at the intersection of economic theory, sociology, history, race studies, criminology, social theory, and law. The three review essays of "Against Prediction" by Ariela Gross, Yoram Margalioth, and Yoav Sapir, raise these challenges in their very best light. Ranging from the heights of poststructuralist and critical race theory to the intricate details …

At The Intersection Of Race And History: The Unique Relationship Between The Davis Intent Requirement And The Crack Laws, Christopher J. Tyson

Journal Articles

No abstract provided.

Rights As A Functional Guide For Service Provision In Homeless Advocacy Creating Healthy Communities: Ending Homelessness, Nestor M. Davidson

Faculty Scholarship

Rights-based approaches to advocacy on behalf of homeless persons have long sought to vindicate important dignitary, liberty, and equality interests, as well as establish to entitlements to housing, mental health, substance abuse, and other services. This advocacy has had some success in shaping the systems that define the interaction between homeless persons and the state. Rights paradigms, however, can be undermined by the day-to-day reality of the lives of homeless individuals and families that are often shaped by profound need less for protection from the state than for meaningful support, and entitlement advocacy remains circumscribed by the reality of severely …

Criminal Justice And The 1967 Detroit 'Riot', Yale Kamisar

Articles

Forty years ago the kindling of segregation, racism, and poverty burst into the flame of urban rioting in Detroit, Los Angeles, Newark, and other U.S. cities. The following essay is excerpted from a report by Professor Emeritus Yale Kamisar filed with the National Advisory Commission on Civil Disorders (the Kerner Commission) regarding the disorders that took place in Detroit July 23-28, 1967. The report provided significant material and was the subject of one article in the series of pieces on the anniversary of the disturbances that appeared last summer in The Michigan Citizen of Detroit. Immediately after the disturbances ended, …

Bibliography Of Law Review Articles On Disability Law, Ann Puckett

Scholarly Works

Bibliography of law review articles discussing legal issues pertaining to disabilities, originally presented as a continuously updated online database.