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Full-Text Articles in Law
A "Meaningful" Seat At The Table: Contemplating Our Ongoing Struggle To Access Democracy, James M. Binnall
A "Meaningful" Seat At The Table: Contemplating Our Ongoing Struggle To Access Democracy, James M. Binnall
SMU Law Review Forum
In recent years, felon-voter disenfranchisement has received considerable attention from academics, policymakers, and the media. In turn, a number of jurisdictions have eased record-based voter restriction statutes. And while those efforts represent a significant step toward full civic reintegration for those with a felony criminal history, they are far from comprehensive, as they regularly omit citizens with certain types of felony convictions and typically address only one form of civic marginalization. Focusing on recent reform in the area of civic restrictions, this Article suggests that incomplete civic restoration comes with significant consequences that ought to be considered during legislative negotiations. …
Erasing Race, Llezlie L. Green
Erasing Race, Llezlie L. Green
SMU Law Review Forum
Low-wage workers frequently experience exploitation, including wage theft, at the intersection of their racial identities and their economic vulnerabilities. Scholars, however, rarely consider the role of wage and hour exploitation in broader racial subordination frameworks. This Essay considers the narratives that have informed the detachment of racial justice from the worker exploitation narrative and the distancing of economic justice from the civil rights narrative. It then contends that social movements, like the Fight for $15, can disrupt narrow understandings of low-wage worker exploitation and proffer more nuanced narratives that connect race, economic justice, and civil rights to a broader anti-subordination …
Immigration Challenges Of The Past Decade And Future Reforms, Fatma Marouf
Immigration Challenges Of The Past Decade And Future Reforms, Fatma Marouf
SMU Law Review Forum
Over the past decade, immigrants have faced numerous challenges in the United States, including a dramatic increase in deportations, the expansion and privatization of immigration detention, major changes to the asylum system combined with drastic cutbacks in refugee admissions, and a new wave of racism and xenophobia. This Article discusses these challenges and explores possible ways to address them in 2020 and beyond.
Representing Veterans, Jennifer D. Oliva
Representing Veterans, Jennifer D. Oliva
SMU Law Review Forum
Federal law has long deprived American veterans of certain fundamental legal rights enjoyed by non-veterans and attributable to veteran sacrifice. Federal case law, for example, denies veterans the right to bring an action in tort against the federal government to vindicate in-service injuries. And the United States Code deprives veterans of their right to robust judicial oversight of Department of Veterans Affairs (VA) service-connected benefit decisions. This pair of due process deprivations is compounded by the federal statute that prohibits veterans from exercising the fundamental right to counsel during the initial stage of the VA claims process. This Article examines …
Identity: Obstacles And Openings, Osamudia R. James
Identity: Obstacles And Openings, Osamudia R. James
SMU Law Review Forum
Progress regarding equality and social identities has moved in a bipolar fashion: popular engagement with the concept of social identities has increased even as courts have signaled decreasing interest in engaging identity. Maintaining and deepening the liberatory potential of identity, particularly in legal and policymaking spheres, will require understanding trends in judicial hostility toward “identity politics,” the impact of status hierarchy even within minoritized identity groups, and the threat that white racial grievance poses to identitarian claims.
Suspended For Sexual Misconduct, Now What?--The Sixth Circuit Splits From The Second On A Pleading Standard For Reverse Title Ix Actions, Thomas Campbell
Suspended For Sexual Misconduct, Now What?--The Sixth Circuit Splits From The Second On A Pleading Standard For Reverse Title Ix Actions, Thomas Campbell
SMU Law Review Forum
No abstract provided.