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Full-Text Articles in Law

White Supremacy, Police Brutality, And Family Separation: Preventing Crimes Against Humanity Within The United States, Elena Baylis Jan 2022

White Supremacy, Police Brutality, And Family Separation: Preventing Crimes Against Humanity Within The United States, Elena Baylis

Articles

Although the United States tends to treat crimes against humanity as a danger that exists only in authoritarian or war-torn states, in fact, there is a real risk of crimes against humanity occurring within the United States, as illustrated by events such as systemic police brutality against Black Americans, the federal government’s family separation policy that took thousands of immigrant children from their parents at the southern border, and the dramatic escalation of White supremacist and extremist violence culminating in the January 6, 2021 attack on the U.S. Capitol. In spite of this risk, the United States does ...


A Just And True Return: A Dataset Of Pennsylvania's Surviving County Slave Registries, Cory James Young Jul 2021

A Just And True Return: A Dataset Of Pennsylvania's Surviving County Slave Registries, Cory James Young

The Magazine of Early American Datasets (MEAD)

This dataset contains information on more than 6,000 Black people and their enslavers compiled from extant registries in twelve Pennsylvania counties: Adams, Allegheny, Bedford, Bucks, Centre, Chester, Cumberland, Dauphin, Fayette, Lancaster, Washington, and Westmoreland. Pennsylvania's 1780 gradual abolition law required enslavers to register with their county clerk any people they wished to continue holding in lifetime slavery. A 1788 law required that they do the same for any children they wished to hold in twenty-eight-year term slavery. Complete registries provide the name, place of residence, and occupation of enslavers; the date they filed their registration; and the name ...


Law Schools, Law Firms Must Share Responsibility For Diversity, A. Benjamin Spencer Jul 2021

Law Schools, Law Firms Must Share Responsibility For Diversity, A. Benjamin Spencer

Popular Media

No abstract provided.


"Not For Human Consumption": Prison Food's Absent Regulatory Regime, Amanda Chan, Anna Nathanson Jul 2021

"Not For Human Consumption": Prison Food's Absent Regulatory Regime, Amanda Chan, Anna Nathanson

William & Mary Bill of Rights Journal

Prison food is poor quality. The regulations which govern prison food are subpar and unenforceable by prisoners, due in large part to Sandin v. Conner and the Prison Litigation Reform Act. This Article aims to draw attention to the dire food conditions in prisons, explain the lax federal administrative law that permits these conditions, highlight the role of Sandin v. Conner and the Prison Litigation Reform Act in curtailing prisoners’ rights, and criticize the role of the private entity American Correctional Association in enabling mass neglect of prison food. The authors recommend that the Prison Litigation Reform Act be repealed ...


Foreword, Rebecca Odelson, Sharon Lui-Bettencourt Jul 2021

Foreword, Rebecca Odelson, Sharon Lui-Bettencourt

Hastings Race and Poverty Law Journal

No abstract provided.


Socratic Teaching And Learning Styles: Exposing The Pervasiveness Of Implicit Bias And White Privilege In Legal Pedagogy, Rory Bahadur, Liyun Zhang Jul 2021

Socratic Teaching And Learning Styles: Exposing The Pervasiveness Of Implicit Bias And White Privilege In Legal Pedagogy, Rory Bahadur, Liyun Zhang

Hastings Race and Poverty Law Journal

Legal educators who deny the efficacy of utilizing learning style theory inaccurately support their dismissal through misunderstanding and misrepresenting the science supporting such techniques. These erroneous conclusions are often the result of implicit bias and dysconscious racism favoring dominant white male norms and privileges. Such denial is not only disingenuous and inaccurate, but also highly detrimental to legal education, perpetuating a system that discourages and devalues the contributions and efforts of minority students.

Learning style preferences are a product of a student’s cultural background. Legal educators who recognize this and adapt their teaching methods to accommodate the modal preferences ...


California Policy Recommendations For Realizing The Promise Of Medication Abortion: How The Covid-19 Public Health Emergency Offers A Unique Lens For Catalyzing Change, Kerri Pinchuk Jul 2021

California Policy Recommendations For Realizing The Promise Of Medication Abortion: How The Covid-19 Public Health Emergency Offers A Unique Lens For Catalyzing Change, Kerri Pinchuk

Hastings Race and Poverty Law Journal

While the new composition of the United States Supreme Court has raised speculation about the fate of Roe v. Wade, for millions in America the promise of a patient’s right to choose an abortion is already a distant illusion.** Decades of work by anti-abortion policymakers has resulted in prohibitive state and federal funding restrictions and widespread clinic closures. But clinicians, advocates, and researchers are optimistic about one way to expand access: medication abortion. Known colloquially as “the abortion pill,” medication abortion is poised to significantly increase access for patients everywhere, and particularly for low-income patients and those who live ...


Operating Within Systems Of Oppression, Karissa Provenza Jul 2021

Operating Within Systems Of Oppression, Karissa Provenza

Hastings Race and Poverty Law Journal

No abstract provided.


Masthead Jul 2021

Masthead

Hastings Race and Poverty Law Journal

No abstract provided.


El Salvador: Root Causes And Just Asylum Policy Responses, Karen Musalo Jul 2021

El Salvador: Root Causes And Just Asylum Policy Responses, Karen Musalo

Hastings Race and Poverty Law Journal

Throughout the course of United States history, there has often been a chasm between our ideals as a country, and our actions. Our foreign policy and immigration policy have been no exception – frequently betraying our stated commitment to democracy, respect for human rights, and protection of the persecuted. This article takes a close look at El Salvador, whose nationals make up a significant number of asylum seekers at our border. Our foreign and immigration policies towards El Salvador are illustrative of that gap between ideals and reality. We supported a brutal military during that country’s civil war, and adopted ...


Maximizing #Metoo: Intersectionality & The Movement, Jamillah Bowman Williams Jun 2021

Maximizing #Metoo: Intersectionality & The Movement, Jamillah Bowman Williams

Boston College Law Review

Although women of color experience high rates of harassment and assault, the #MeToo movement has largely left them on the margins in terms of (1) the online conversation, (2) the traditional social movement activity occurring offline, and (3) the consequential legal activity. This Article analyzes how race shapes experiences of harassment and how seemingly positive legal strides continue to fail women of color thirty years beyond Kimberlé Crenshaw’s initial framing of intersectionality theory. I discuss the weaknesses of the reform efforts and argue for more tailored strategies that take into account the ineffectiveness of our current Title VII framework ...


Law School News: Rwu Law Introduces Required Course On Race And The Law 06/28/2021, Michael M. Bowden Jun 2021

Law School News: Rwu Law Introduces Required Course On Race And The Law 06/28/2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Free, Prior, And Informed Consent: A Struggling International Principle, Emily M. Mcculloch Jun 2021

Free, Prior, And Informed Consent: A Struggling International Principle, Emily M. Mcculloch

Public Land & Resources Law Review

No abstract provided.


Localizing Energy Independence: How Purpa And Community Power Legislation Can Drive Development Of Resilient And Reliable Local Clean Energy Projects, Lowell J. Chandler Jun 2021

Localizing Energy Independence: How Purpa And Community Power Legislation Can Drive Development Of Resilient And Reliable Local Clean Energy Projects, Lowell J. Chandler

Public Land & Resources Law Review

No abstract provided.


Science Under Assault - Reflections On "The War On The Epa: America's Endangered Environmental Protections", Sara A. Colangelo Jun 2021

Science Under Assault - Reflections On "The War On The Epa: America's Endangered Environmental Protections", Sara A. Colangelo

Public Land & Resources Law Review

No abstract provided.


Bridges To A New Era: A Report On The Past, Present, And Potential Future Of Tribal Co-Managment On Federal Public Lands, Monte Mills, Martin Nie Jun 2021

Bridges To A New Era: A Report On The Past, Present, And Potential Future Of Tribal Co-Managment On Federal Public Lands, Monte Mills, Martin Nie

Public Land & Resources Law Review

No abstract provided.


The Public Trust Doctrine Fifty Years After Sax And Some Thoughts On Its Future, Michael C. Blumm, Zachary A. Schwartz Jun 2021

The Public Trust Doctrine Fifty Years After Sax And Some Thoughts On Its Future, Michael C. Blumm, Zachary A. Schwartz

Public Land & Resources Law Review

No abstract provided.


Fulfilling Porter's Promise, Danielle Allyn Jun 2021

Fulfilling Porter's Promise, Danielle Allyn

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

Despite the Porter court’s reference to a “long tradition of according leniency to veterans,” in the criminal legal system, veterans are overrepresented on death rows across America, including Georgia’s. Most of these veterans come to death row with experiences of marginalization due to other aspects of their identity, such as race or mental disability.

This Article examines the cases of six men executed in Georgia, each with a history of military service, and each with experiences of disenfranchisement based on race and/or mental disability. At trial, each confronted legal risks that disproportionately place Black people and people ...


A Government Of Laws That Is A Government Of Men And Women, Mark Tushnet Jun 2021

A Government Of Laws That Is A Government Of Men And Women, Mark Tushnet

Arkansas Law Review

I take Mark Killenbeck’s “provocative” article as an occasion for some informal comments about what Korematsu and Trump v. Hawaii tell us about the saying, “a government of laws, not a government of men and women.” My basic thought is that the “not” in the saying has to be replaced “but also.” And, in some sense we have always had to have known that the saying was wrong as stated. Whatever the laws are, they don’t make themselves. Nor do they administer themselves, nor interpret themselves. Men and women appear at the stages of enactment, application, and adjudication ...


A Proper Burial, Robert L. Tsai Jun 2021

A Proper Burial, Robert L. Tsai

Arkansas Law Review

In his article, Professor Mark Killenbeck defends both Korematsu v. United States and Trump v. Hawaii on their own terms, albeit on narrow grounds. He goes on to conclude that comparisons of the two decisions don’t hold up. Killenbeck has authored a thoughtful and contrarian paper, but I’m not sold. In my view, Korematsu simply isn’t worth saving; in fact, a more complete repudiation of the internment decisions is overdue. Trump v. Hawaii, too, must also be revisited at the earliest opportunity and its more alarming features that abet presidential discrimination against non-citizens rejected. Moreover, I believe ...


Tainted Precedent, Darrell A.H. Miller Jun 2021

Tainted Precedent, Darrell A.H. Miller

Arkansas Law Review

We have a common law system of constitutional adjudication, at least in the sense that constitutional practice in the United States relies on prior rulings rather than reasoning from first principles in each case. If there’s controlling precedent on point, it’s binding. Neither “inferior courts” in the federal system, nor state courts adjudicating federal law, are permitted to start anew with the “original public meaning” of the First Amendment or pronounce a fresh Dworkinian “moral reading” of the Fourth. Even the highest court in the land, the Supreme Court of the United States, for reasons of reputation, stability ...


There Was Nothing "Neutral" About Executive Order 9066, Eric L. Muller Jun 2021

There Was Nothing "Neutral" About Executive Order 9066, Eric L. Muller

Arkansas Law Review

There is no more appropriate place to discuss the Japanese American cases of World War II than in the pages of the Arkansas Law Review. This is not only because Arkansas was the only state outside the Western Defense Command to host not one but two of the War Relocation Authority’s (WRA) concentration camps for Japanese Americans. It is because one of the most important lawyers to oversee the development and administration of all the WRA camps was the dean under whose leadership this law review was founded: Robert A. Leflar. Leflar’s is not a name that constitutional ...


Korematsu, Hawaii, And Pedagogy, Sanford Levinson Jun 2021

Korematsu, Hawaii, And Pedagogy, Sanford Levinson

Arkansas Law Review

I begin with some reflections on my own career in teaching—or, perhaps, attempting to teach—American constitutional law to generations of students from 1975 to the present. Or, more accurately, until about three years ago, when I taught introductory constitutional law for the last time. I am quite happy to no longer be teaching that course, whatever joys it did provide me in the past, for a very simple reason: I became more and more frustrated by the demands of coverage, i.e., the duty to take up a variety of topics—including attendant cases and collateral materials—and ...


Korematsu As The Tribute That Vice Pays To Virtue, Jack M. Balkin Jun 2021

Korematsu As The Tribute That Vice Pays To Virtue, Jack M. Balkin

Arkansas Law Review

Mark Killenbeck wants to (partially) rehabilitate the reputation of one of the Supreme Court’s most despised legal decisions, Korematsu v. United States. He argues that “[w]e should accept and teach Korematsu as an exemplar of what thelaw regarding invidious discrimination on the basis of race, ethnicity, and national origin should be.” In both Korematsu (and Hirabayashi v. United States) the Court asserted that classifications based on race were subject to strict scrutiny. But “[t]he majority,” Killenbeck explains, “refused to heed their own mandate. In Hirabayashi they held that the government policy was ‘reasonable.’ In Korematsu, . . . they failed ...


Sober Second Thought? Korematsu Reconsidered, Mark R. Killenbeck Jun 2021

Sober Second Thought? Korematsu Reconsidered, Mark R. Killenbeck

Arkansas Law Review

How to best describe and treat Korematsu v. United States? A self-inflicted wound? It is certainly an exemplar of a case that in key respects tracks Justice Stephen Breyer’s caution about decisions that have “harm[ed] not just the Court, but the Nation.” Part of an “Anticanon,” resting on “little more than naked racism and associated hokum” and “embod[ying] a set of propositions that all legitimate constitutional decisions must be prepared to refute”? Perhaps. Or is it simply an opinion and result that “has long stood out as a stain that is almost universally recognized as a shameful ...


Law School News: Nava Wins Inaugural Judicial Fellowship 06/23/2021, Michael M. Bowden Jun 2021

Law School News: Nava Wins Inaugural Judicial Fellowship 06/23/2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Law School News: A Juneteenth Message From The Dean, Gregory W. Bowman Jun 2021

Law School News: A Juneteenth Message From The Dean, Gregory W. Bowman

Life of the Law School (1993- )

No abstract provided.


The Emerging Lessons Of Trump V. Hawaii, Shalini Bhargava Ray Jun 2021

The Emerging Lessons Of Trump V. Hawaii, Shalini Bhargava Ray

William & Mary Bill of Rights Journal

In the years since the Supreme Court decided Trump v. Hawaii, federal district courts have adjudicated dozens of rights-based challenges to executive action in immigration law. Plaintiffs, including U.S. citizens, civil rights organizations, and immigrants themselves, have alleged violations of the First Amendment and the equal protection component of the Due Process Clause with some regularity based on President Trump’s animus toward immigrants. This Article assesses Hawaii’s impact on these challenges to immigration policy, and it offers two observations. First, Hawaii has amplified federal courts’ practice of privileging administrative law claims over constitutional ones. For example, courts ...


Reshaping African American Women's Birthing Experience, Kiana Bulloch Jun 2021

Reshaping African American Women's Birthing Experience, Kiana Bulloch

Global Honors Theses

In the United States, African American women are two to three times more likely to die from pregnancy-related complications than any other race or ethnic group. The high maternal mortality rate has continued to be a global problem. The maternal mortality rate (MMR) is a universal measurement of registered maternal deaths due to birth or pregnancy-related complications. The U.S. has continued to have an MMR well above the global average despite establishing interventions in socio-economic gaps. In an effort to decrease MMR, the United Nations proposed a global plan to decrease maternal mortality by 75% as one of the ...


Fellow Citizens, James W. Fox Jr. Jun 2021

Fellow Citizens, James W. Fox Jr.

ConLawNOW

This article explores the idea of equal citizenship central to the reconstructed Constitution that originated in the crucible of African American experience and framed by the Black abolitionist movement of the antebellum North. It identifies some of the key concepts of this mid-nineteenth-century African American Constitutionalism embodied in the phrase used at the time of “Emancipate, Enfranchise, Educate.” These became the core principles of Black Reconstruction as Black leaders and their white allies sought to secure civil freedom, free labor, equal suffrage and political power, and access to education and economic and social advancement. The essay addresses primary source materials ...