Digital Commons Network^™

From Little Rock To Seattle And Louisville: Is "All Deliberate Speed" Stuck In Reverse?, Charles J. Ogletree Jr., Susan Eaton

University of Arkansas at Little Rock Law Review

More than 50 years after Brown v. Board of Education, in Parents Involved in Community Schools v. Seattle School District, the Supreme Court issued a much anticipated, sharply divided opinion concerning the conscious use of a student’s "race" in plans to desegregate now de facto segregated public schools. The Court found unconstitutional the race-inclusive methods used by the Seattle and Louisville public school officials who were attempting to create racially integrated schools.

In order to understand the full impact of the Supreme Court’s recent decisions regarding school desegregation, an analysis of the Seattle and Louisville plans and the Court’s reasoning …

Don't Count Them Out Just Yet: Toward The Plausible Use Of Race-Preference Student Assignment Plans, Leslie Yalof Garfield

Elisabeth Haub School of Law Faculty Publications

Contrary to conventional wisdom, the Supreme Court's recent decision in Parents Involved in Community Schools v. Seattle School District No. 11 could serve to broaden the permissible use of race beyond the boundaries presently permitted by the Court. In this highly fractionalized decision, five justices ultimately agreed that the race-based student assignment plans before their review could not withstand judicial scrutiny. One of these justices, Justice Kennedy, agreed with the plurality's conclusion, but rejected the plurality's assessment that it is never permissible to use race-preference student assignment plans absent evidence of de jure segregation. His concurrence, when read together with …

Rent Concessions And Illegal Contract Penalties In Texas, James P. George

Faculty Scholarship

Rent concessions--in theory a foregoing of money--ironically have become a new income source for Texas landlords. Although there is nothing wrong with discounting prices, there is something wrong with re-imposing that discount on a breaching tenant. The reimposed rent concession is a penalty that the landlord would not have collected in the routine performance of the contract and as a penalty, violates one of the oldest edicts in Anglo-American contract law.

This article arose from advice given and brief services rendered to clients in a landlord-tenant matter. Using the facts and documents from that dispute, this article reviews the history …

Rent Concessions And Illegal Contract Penalties In Texas, James P. George

Faculty Scholarship

Rent concessions-in theory a foregoing of money-ironically have become a new income source for Texas landlords. Although there is nothing wrong with discounting prices, there is something wrong with re-imposing that discount on a breaching tenant. The reimposed rent concession is a penalty that the landlord would not have collected in the routine performance of the contract and as a penalty, violates one of the oldest edicts in Anglo-American contract law.

This article arose from advice given and brief services rendered to clients in a landlord-tenant matter. Using the facts and documents from that dispute, this article reviews the history …

Public Health Law As Administrative Law: Example Lessons, Edward P. Richards

Journal of Health Care Law and Policy

No abstract provided.

Rent Concessions And Illegal Contract Penalties In Texas, James P. George

ExpressO

This article discusses penalty damages in residential leases in Texas. The sales pitch is a rent concession which is later reimposed if the buyer breaches. In contracts where the reimposed penalty reimburses the seller well beyond the consideration anticipated in the normal performance of the agreement, the reimposed discount is an illegal penalty. These contracts are pervasive but for the most part go unchalllenged.

The Double-Edged Sword Of Indian Gaming, Joshua L. Sohn

Tulsa Law Review

No abstract provided.

Race, Media Consolidation, And Online Content: The Lack Of Substitutes Available To Media Consumers Of Color, Leonard M. Baynes

University of Michigan Journal of Law Reform

In its 2003 media ownership proceedings, the FCC relied on the existence of the Internet to provide justification for radically relaxing the FCC ownership rules. These rules limited the national audience reach of the broadcast licensees and the cross-ownership of different media properties by broadcasters and newspapers. In relaxing these rules, the FCC failed to recognize that a media submarket for African Americans and Latinos/as existed. This separate market is evidenced by the different television viewing habits of African Americans and Latinos/as as compared to Whites and Billboard magazine's delineation of R&B/urban music radio stations as a separate radio station …

Challenging Standard Conceptions Of Tradition, Science And Technology In 2006: Why Laws Prohibiting The Sale Of Violent Video Games To Minors Should Be Ultimately Upheld, Ilana Lubin

Cardozo Journal of Equal Rights & Social Justice

The note argues that regulating the sale of violent video games to minors is constitutionally justifiable, supported by scientific evidence on adolescent brain development and legal precedents. It critiques the lack of a clear legal standard in court decisions and advocates for a nuanced approach that balances First Amendment rights with public safety concerns.

Immigrant Entrepreneurs And Neighborhood Revitalization: Studies Of The Allston Village, East Boston And Fields Corner Neighborhoods In Boston, Ramon Borges-Mendez, Michael Liu, Paul Watanabe

Institute for Asian American Studies Publications

Although somewhat later than other major urban areas, Boston has been experiencing fundamental demographic changes. The 2000 Census reported that for the first time non-Hispanic whites constitute a minority of the city’s population. Subsequent Census estimates confirm an even stronger trend toward a rapidly diversifying population.

Immigration has been a major factor in this growth and diversification. A recent report shows that over the last 15 years more than 22,000 new immigrants have annually settled in Massachusetts. The foreign-born as a percentage of the population has grown from 9.4 percent in 1980 to 14.3 percent in 2004.

Cultural Displacement: Is The Glbt Community Gentrifying African American Neighborhoods In Washington, D.C.?, Chris Mcchesney

The Modern American

No abstract provided.

Long-Term Outcomes In Animal Hoarding Cases, Colin Berry, Gary Patronek, Randall Lockwood

Animal Law Review

Animal hoarding is a form of abuse that affects thousands of animals each year, yet little is known about how cases are best resolved, the effectiveness of prosecution, and how sentences relate to the severity of the offense. This lack of information has hampered effective resolution and the prevention of recidivism. This study obtained information about the hoarder, animals, charges, prosecution, sentencing, and recidivism for fifty-six cases identified through media reports.

Unlv Magazine, Holly Ivy De Vore, Nancy Syzdek, Patrice E.M. Hollrah, Douglas Unger, Eugene Moehring, Gillian Silver, John F. Gallagher, Lori Bachand, Gian Galassi, Hal Rothman, Mark Hoversten, Phil Hagen, Donna Mcaleer, Suzan Dibella

UNLV Magazine

No abstract provided.

Rethinking Racial Profiling: A Critique Of The Economics, Civil Liberties, And Constitutional Literature, And Of Criminal Profiling More Generally, Bernard E. Harcourt

Articles

No abstract provided.

Mothers Who Kill: Coming To Terms With Modern American Infanticide, Michelle Oberman

Faculty Publications

No abstract provided.

Rethinking Racial Profiling: A Critique Of The Economics, Civil Liberties, And Constitutional Literature, And Of Criminal Profiling More Generally, Bernard Harcourt

Faculty Scholarship

New reporting requirements and data collection efforts by over four hundred law enforcement agencies across the country – including entire states such as Maryland, Missouri, and Washington – are producing a continuous flow of new evidence on highway police searches. For the most part, the data consistently show disproportionate searches of African-American and Hispanic motorists in relation to their estimated representation on the road. Economists, civil liberties advocates, legal and constitutional scholars, political scientists, lawyers, and judges are poring over the new data and reaching, in many cases, quite opposite conclusions about racial profiling.

Rethinking Racial Profiling: A Critique Of The Economics, Civil Liberties, And Constitutional Literature And Of Criminal Profiling More Generally, Bernard E. Harcourt

Public Law and Legal Theory Working Papers

New data on highway stops and searches from across the country have spawned renewed debate over racial profiling on the roads. The new data reveal consistently disproportionate searches of minority motorists, but, very often, an equal or lower general success rate—or “hit rate”—associated with those searches. Economists are developing new models of racial profiling to test whether the data are consistent with policing efficiency or racial prejudice, and argue that equal hit rates reflect that the police are maximizing the success rate of their searches. Civil liberties advocates are scrutinizing the same data and, in most cases, reaching opposite conclusions. …

The Price Of Education: What Local Control Is Costing American Children., Debra L. Ireland

The Scholar: St. Mary's Law Review on Race and Social Justice

Wealth and property are not equally distributed in America, and these inequities are exacerbated by the American school system. The current school system is community-centered, meaning children living in poorer districts do not have access to the same level of education as children living in wealthier districts. The comment discusses the impact that budgeting decisions have on community perceptions and expectations, as well as how community favoritism plays a role in the education financing equation. Finally, the author proposes eliminating what is essentially an “educational caste system,” and discusses how to change the attitudes of society and alter the ways …

A Call To Restructure Existing International Environmental Law In Light Of Africa's Renaissance: The United Nations Convention To Combat Desertification And The New Partnership For Africa's Development (Nepad), Leslie C. Clark

Seattle University Law Review

This Comment warns that recent, continent-wide economic development strategies have threatened the ability of Africa to combat desertification. Therefore, the existing desertification treaty, UNCCD, must be amended to ensure its ability to effectuate environmental protection.

Mothers Who Kill: Cross-Cultural Patterns In And Perspectives On Contemporary Maternal Filicide, Michelle Oberman

Faculty Publications

This article presents a brief cross-cultural review of maternal filicide, focusing specifically on the varying circumstances that surround the mothers who commit this crime. My goal is not to provide a comprehensive map of contemporary maternal filicide, but rather, to illustrate the manner in which a society’s structure of motherhood and women’s status contributes to maternal filicide. Special attention will be paid to the unwritten norms that govern women and motherhood, as well as to the manner in which distinct societies understand, rationalize, and punish maternal filicide. The article begins with a review of the patterned nature of maternal filicide …

Information Privacy And Internet Company Insolvencies: When A Business Fails, Does Divesture Or Bankruptcy Better Protect The Consumer?, Farah Z. Usmani

Fordham Journal of Corporate & Financial Law

No abstract provided.

A Review Of Frank Wu's Renegotiating America's Multi-Color Lines / Color Lines: Affirmative Action, Immigration And Civil Rights Options For America, Harvey Gee

City University of New York Law Review

No abstract provided.

Demystifying The Quest For Canaan: Observations On Mimesis In The New World And Holy Land, Steven Salaita

Faculty Journal Articles

No abstract provided.

Mouse-To-Mouse Resuscitation: Cybermedicine And The Need For Federal Regulation, Shira D. Weiner

Cardozo Law Review

No abstract provided.

The Educational Pipelinie For Women In Biology: No Longer Leaking?, Louise Luckenbill-Edds

ADVANCE Library Collection

Describing the past 30 years of progress toward gender equity in science, one observer wrote: "Although optimistic about future prospects, I must also point out some daunting toads and serpents lurking in the gardens of science. These challenge the rising generation of young scientists to be no less intrepid [that past activists who catalyzed change]" (Herschbach 1999, p. 66). The failure of the sciences to attract and retain women has meant a loss of diversity, as well as a loss of talent and creativity, that impoverishes research viewpoints and limits effective communication of science with diverse sectors of society.

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Religion And Education In Bosnia: Integration Not Segregation?, Charles J. Russo

BYU Law Review

No abstract provided.

The War On Crime Increases The Time: Sentencing Policies In The United States And South Africa, Bianca A. Poindexter

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

The Glass Ceiling For Women In Legal Education: Contract Positions And The Death Of Tenure, Marina Angel

Journal of Legal Education

No abstract provided.

Sexuality & Civil Rights: Re-Imagining Anti-Discrimination Laws, Nan D. Hunter

NYLS Journal of Human Rights

PANEL I: PERSPECTIVES ON PROGRESS