Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (790)
- Selected Works (361)
- University of New Mexico (225)
- University of California, Hastings College of the Law (188)
- University of Colorado Law School (173)
-
- University of Miami Law School (163)
- Roger Williams University (127)
- Columbia Law School (126)
- Seattle University School of Law (109)
- Boston University School of Law (91)
- UIC School of Law (86)
- University of Pittsburgh School of Law (85)
- American University Washington College of Law (84)
- Touro University Jacob D. Fuchsberg Law Center (77)
- University of Pennsylvania Carey Law School (74)
- University of Montana (72)
- William & Mary Law School (72)
- Fordham Law School (67)
- Florida A&M University College of Law (66)
- Northwestern Pritzker School of Law (62)
- University of Maryland Francis King Carey School of Law (61)
- St. Mary's University (60)
- Maurer School of Law: Indiana University (59)
- New York Law School (59)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (55)
- University of Arkansas at Little Rock William H. Bowen School of Law (52)
- University of Richmond (51)
- Boston College Law School (48)
- North Carolina Central University School of Law (48)
- Washington and Lee University School of Law (48)
- Keyword
-
- Race (639)
- Race and law (499)
- Discrimination (436)
- Racism (392)
- Civil rights (327)
-
- Minorities (260)
- Human rights (217)
- African Americans (201)
- Environmental justice (196)
- Race discrimination (195)
- Affirmative action (194)
- Diversity (182)
- Equal Protection (176)
- International law (176)
- Environmental racism (160)
- Inter-American Commission on Human Rights (156)
- American exceptionalism (154)
- Cold War (154)
- Right to a healthy environment (153)
- Racial discrimination (152)
- Right to privacy and family life (152)
- Supremacy Clause (152)
- United States Supreme Court (152)
- Slavery (139)
- Segregation (135)
- Gender (132)
- Equality (120)
- History (108)
- Equal protection (106)
- Police (96)
- Publication Year
- Publication
-
- Faculty Scholarship (527)
- Articles (293)
- Michigan Journal of Race and Law (272)
- Michigan Law Review (263)
- Hastings Race and Poverty Law Journal (185)
-
- Carmen G. Gonzalez (170)
- Publications (153)
- Tribal Law Journal (82)
- Public Land & Resources Law Review (68)
- Journal of Race, Gender, and Ethnicity (65)
- Faculty Scholarship at Penn Carey Law (64)
- University of Michigan Journal of Law Reform (64)
- Articles in Law Reviews & Other Academic Journals (62)
- Life of the Law School (1993- ) (61)
- Seattle University Law Review (57)
- University of Miami Race & Social Justice Law Review (57)
- UIC Law Review (54)
- Scholarly Works (51)
- Journal Articles (45)
- The Scholar: St. Mary's Law Review on Race and Social Justice (45)
- North Carolina Central Law Review (44)
- UC Irvine Law Review (42)
- Fordham Law Review (41)
- Faculty Publications (40)
- University of Richmond Law Review (40)
- Law Faculty Research Publications (38)
- Textual material from the Rodney Lawrence Hurst, Sr. Papers (38)
- Georgetown Law Faculty Publications and Other Works (37)
- Journal Publications (37)
- Northwestern University Law Review (36)
- Publication Type
Articles 1 - 30 of 5018
Full-Text Articles in Law
James Oakes's Treatment Of The First Confiscation Act In Freedom National: The Destruction Of Slavery In The United States, 1861-1865, Angela Porter
James Oakes's Treatment Of The First Confiscation Act In Freedom National: The Destruction Of Slavery In The United States, 1861-1865, Angela Porter
Articles in Law Reviews & Other Academic Journals
In his work, Freedom National: The Destruction of Slavery in the United States, 1861-1865, James Oakes provides an overview of several Civil War era legal instruments regarding enslavement in the United States. One of the statutes he examines is An Act to Confiscate Property Used for Insurrectionary Purposes, passed by the Thirty Seventh Congress in August, 1861. This law, popularly known as the First Confiscation Act (FCA), is one of the several "Confiscation Acts" that contributed to the weakening of legal enslavement during the War. Fortunately, scholars have contextualized and deemphasized President Lincoln's role as the "Great Emancipator" by examining …
Foreword, John Akinwole
“Free Speech, Academic Freedom, And Racial Justice On Campus: An Aclu Lawyer’S Perspective”, Emerson Sykes
“Free Speech, Academic Freedom, And Racial Justice On Campus: An Aclu Lawyer’S Perspective”, Emerson Sykes
Hastings Race and Poverty Law Journal
No abstract provided.
Capital Punishment For Latine Populations, Morgan Zamora
Capital Punishment For Latine Populations, Morgan Zamora
Hastings Race and Poverty Law Journal
No abstract provided.
Felines In Carceral Facilities: A Call To Introduce Cat Visitation Rooms In Prisons, Nora Sullivan
Felines In Carceral Facilities: A Call To Introduce Cat Visitation Rooms In Prisons, Nora Sullivan
Hastings Race and Poverty Law Journal
No abstract provided.
Hiring Criteria And Title Vii: How One Manifestation Of Employer Bias Evades Judicial Scrutiny, Max Londberg
Hiring Criteria And Title Vii: How One Manifestation Of Employer Bias Evades Judicial Scrutiny, Max Londberg
University of Cincinnati Law Review
No abstract provided.
Ethnic Economies, Cultural Resources, And The African American Question, Lan Cao
Ethnic Economies, Cultural Resources, And The African American Question, Lan Cao
University of Cincinnati Law Review
No abstract provided.
The Paradox Of Plenty: Why Guyana’S Local Content Law Needs A Reality Check, Vivian M. Williams
The Paradox Of Plenty: Why Guyana’S Local Content Law Needs A Reality Check, Vivian M. Williams
Publications and Research
The effectiveness of coercive local content requirements to the development of resource rich developing countries is an area attracting increasing global attention. Local content requirements are especially popular in the extractive sector though empirical studies show that they do not fulfill their intended purpose. Now recognized as the world's fastest growing economy after becoming an oil producing country, Guyana has passed a local content law. The real concern is not merely whether local content requirements fail to fulfill their objectives but whether they create market distortions that lead to the resource curse. This issue was addressed by Baruch's Adjunct Assistant …
An Examination Of Differences In Race, Gender, And Age In Processing And Outcomes Within The U.S. Criminal Justice System, Teliyah Cobb
An Examination Of Differences In Race, Gender, And Age In Processing And Outcomes Within The U.S. Criminal Justice System, Teliyah Cobb
Electronic Theses and Dissertations
Demographic factors can influence criminal justice system outcomes. We examine legal system processing in 12 U.S. states from 1976-1991. Variables included: 1) race, age, and gender; 2) violent, sexual, and drug- and alcohol-related charges; 3) level of charge; 4) charges at arrest, trial, and final disposition; 5) time-lengths between each stage; 6) dismissal, plea bargaining, and conviction; and 7) final sentencing length. Significant differences in arrest, prosecution, plea bargaining, charge severity, and final sanctioning were observed dependent on race, gender, age, and the intersectionality of these characteristics. Implications for research policy to reduce the impact of disparities are discussed.
Native America: Universities As Quasi-Cities, Sovereignty And The Power To Name, Victoria Sutton
Native America: Universities As Quasi-Cities, Sovereignty And The Power To Name, Victoria Sutton
American Indian Law Journal
Universities as quasi-cities have an obligation to reflect on their educational mission, and public universities have a responsibility to Native America through the unique federal trust responsibility owed to Native Nations by the federal government. The naming of buildings and transitioning to responsible adulthood requires universities, administrators, and students to reflect on who we were, who we are now, and whom we hope to be. Collaborative efforts to work with Native Nations should be undertaken with regard to naming issues.
Sovereigns possess power to control historical narratives and outcomes through their sovereign power to (1) name geographical places; (2) protect …
Predictors Of College Student Support Toward Colin Kaepernick’S National Anthem Protests, Brooke Coursen, Nicole Peiffer, Sakira Coleman, Philip Lucius
Predictors Of College Student Support Toward Colin Kaepernick’S National Anthem Protests, Brooke Coursen, Nicole Peiffer, Sakira Coleman, Philip Lucius
VA Engage Journal
Racial discrimination and inequality have perpetuated within the U.S. since its inception. In 2016, Colin Kaepernick initiated the national anthem protests to oppose the oppression of people of color in America. This study was developed in 2018 to identify social determinants of health underlying discriminatory beliefs and behaviors. The objective was to investigate the impacts of college students’ race, gender, political ideology, socio-economic status [SES], NFL interest, patriotism, and general protest support on support for the national anthem protests. We administered paper-and-pencil surveys across locations on the James Madison University campus using a convenience sample. There were 408 participants included, …
Integrating Doctrine And Diversity Speaker Series: Teaching Diversity Skills In Bar Tested Classes, Roger Williams University School Of Law
Integrating Doctrine And Diversity Speaker Series: Teaching Diversity Skills In Bar Tested Classes, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Reimagining Public Safety, Brandon Hasbrouck
Reimagining Public Safety, Brandon Hasbrouck
Northwestern University Law Review
In the aftermath of George Floyd’s murder, abolitionists were repeatedly asked to explain what they meant by “abolish the police”—the idea so seemingly foreign that its literal meaning evaded interviewers. The narrative rapidly turned to the abolitionists’ secondary proposals, as interviewers quickly jettisoned the idea of literally abolishing the police. What the incredulous journalists failed to see was that abolishing police and prisons is not aimed merely at eliminating the collateral consequences of other social ills. Abolitionists seek to build a society in which policing and incarceration are unnecessary. Rather than a society without a means of protecting public safety, …
Law School News: From Classroom To Courtroom 11-10-2022, Michelle Choate
Law School News: From Classroom To Courtroom 11-10-2022, Michelle Choate
Life of the Law School (1993- )
No abstract provided.
Before Yesterday We Could Fly: Reimagining Law For The Afro-Future, Norinda Brown Hayat, Roger Williams University School Of Law
Before Yesterday We Could Fly: Reimagining Law For The Afro-Future, Norinda Brown Hayat, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Justice For All: Demanding Accessibility For Underrepresented Communities In The Law: A Roger Williams University Law Review, Roger Williams University School Of Law
Justice For All: Demanding Accessibility For Underrepresented Communities In The Law: A Roger Williams University Law Review, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Two Approaches To Equality, With Implications For Grutter, Keith N. Hylton
Two Approaches To Equality, With Implications For Grutter, Keith N. Hylton
Faculty Scholarship
The question “what is equality?”, applied to the distribution of resources across races, suggests the following answer: when there appears to be no need for a policy that focuses on improving the welfare of one race relative to another. There is another way to approach the same question: equality is when traditionally-recognized paths to advancement do not give preference to or disadvantage an individual because of his race. Notice the difference here is between end-state and process-based notions of equality, a distinction Nozick emphasized in his examination of justice in distribution. Nozick rejected end-state theories of justice in distribution. I …
A Butterfly In Covid: Structural Racism And Baltimore's Pretrial Legal System, Doug Colbert, Colin Starger
A Butterfly In Covid: Structural Racism And Baltimore's Pretrial Legal System, Doug Colbert, Colin Starger
All Faculty Scholarship
Summer of 2020 represented a potentially pivotal moment in the movements against mass incarceration and for racial justice. The authors commenced a study of Baltimore’s pretrial legal system just as the convergence of the COVID-19 pandemic and urgent cries of Black Lives Matter appeared to present a once-in-a-generation opportunity for meaningful decarceration. Over forty-four weekdays in June and July, the team observed bail review hearings in 509 cases and collected extensive data from the arguments and recommendations offered by the pretrial agency and prosecuting and defense attorneys. Unfortunately, the hoped-for reform failed to materialize as judges held nearly 62% of …
The Particle Problem: Using Rcra Citizen Suits To Fill Gaps In The Clean Air Act, Kurt Wohlers
The Particle Problem: Using Rcra Citizen Suits To Fill Gaps In The Clean Air Act, Kurt Wohlers
Michigan Law Review
While the Clean Air Act has done a substantial amount for the environment and the health of individuals in the United States, there is still much to be done. For all its complexity, the Act has perpetuated systemic inequities and allowed harms to fall more heavily on low-income communities and communities of color. This is no less true for particulate matter pollution, which is becoming worse by the year and is a significant cause of illness and premature death. This Note argues that particulate pollution, traditionally only regulated on the federal level within the ambit of the Clean Air Act, …
Integrating Doctrine And Diversity Speaker Series: Integrating Content On American Indian Law And Indigenous Identities, Roger Williams University School Of Law
Integrating Doctrine And Diversity Speaker Series: Integrating Content On American Indian Law And Indigenous Identities, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Machine Learning-Based Medical Devices: The Fda’S Regulation, Requirements, And Restrictions, Charli Beam
Machine Learning-Based Medical Devices: The Fda’S Regulation, Requirements, And Restrictions, Charli Beam
Journal of Law and Health
The FDA should create functional regulations for the growing number of machine learning medical devices. The healthcare system is increasingly using these devices for diagnosis. Machine learning devices trained on biased data sets are susceptible to furthering certain types of bias and generating flawed outcomes. The FDA should require ML medical devices to include a label that describes the demographics of the tested population. If manufacturers fail to include this information, the FDA could determine the label false or misleading under §502 of the FD&C Act and stop sales of the device. After approval, the FDA should use §814.89(2) and …
Transcript: Presentation On Artificial Intelligence And Discrimination In Healthcare, Sharona Hoffman
Transcript: Presentation On Artificial Intelligence And Discrimination In Healthcare, Sharona Hoffman
Journal of Law and Health
The following is a transcription from The Digital Health and Technology Symposium presented at Cleveland-Marshall College of Law by The Journal of Law & Health on Friday, April 8, 2022. This transcript has been lightly edited for clarity.
Racecraft And Identity In The Emergence Of Islam As A Race, Cyra Akila Choudhury
Racecraft And Identity In The Emergence Of Islam As A Race, Cyra Akila Choudhury
University of Cincinnati Law Review
Can a religion, over time and through its social and legal resignification, come to be a race? Drawing on Critical Race Theory (“CRT”), Critical Discourse Theory, the work of Karen E. and Barbara J. Fields and Cedric Robinson, this article argues that Islam has emerged as a race and Muslims as a racial group. To support the claim, Part I examines the theoretical basis for the argument. Applying the concept of “racecraft,” the article theorizes that racism produces both the racial group and race. As many have already argued, race is not based in biology; it is not a fact …
Law School News: Should Prison Be Abolished? 10-6-2022, Michael M. Bowden
Law School News: Should Prison Be Abolished? 10-6-2022, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Intellectual Property Liberation: An Essay, Kali Murray
Intellectual Property Liberation: An Essay, Kali Murray
University of St. Thomas Law Journal
No abstract provided.
Street And Graffiti Art Between Augmented Reality And Artificial Intelligence: A Copyright Perspective, Enrico Bonadio, Siri-Helen Egeland
Street And Graffiti Art Between Augmented Reality And Artificial Intelligence: A Copyright Perspective, Enrico Bonadio, Siri-Helen Egeland
University of St. Thomas Law Journal
No abstract provided.
Revisiting The Ox-Bow Incident: The Almost Forgotten Western Classic About The Lynching Of Three Innocent Men Is As Relevant As Ever, Marc Bookman
Washington and Lee Journal of Civil Rights and Social Justice
The concept of lynching, several hundred years old and unclear in its origins, has never really left the lexicon. The word itself, however, has taken on different meanings over the years, from a mob’s taking the law into its own hands, to an organized utilization of racial violence as a means of societal control and intimidation; and finally to the more casual and defensive use of the word (“high tech lynching”) by current Supreme Court justices Thomas and Kavanaugh and others after being questioned about their past behaviors. Many academics have opined that the modern system of capital punishment is …
Check Your Bank Account First: Examining Copyright Formalities And Remedies Through A Race Conscious Lens, Emma Burri
Check Your Bank Account First: Examining Copyright Formalities And Remedies Through A Race Conscious Lens, Emma Burri
Washington and Lee Journal of Civil Rights and Social Justice
This Note examines copyright formalities through a race conscious lens and concludes that further change is necessary given the legacy of economic inequality that communities of color experience. It examines the history of copyright formalities in the United States and the disenfranchisement of Black musical creators through the theft of their intellectual property. In exploring the relationship between race, wealth, and musical copyright protection this Note explains why considering the economic inequality is relevant to ensure copyright protection for Black creators. This Note proposes abolishing the registration timeline for certain remedies and altering the filing fee structure of the copyright …
Systemic Racism In The U.S. Immigration Laws, Kevin R. Johnson
Systemic Racism In The U.S. Immigration Laws, Kevin R. Johnson
Indiana Law Journal
This Essay analyzes how aggressive activism in a California mountain town at the tail end of the nineteenth century commenced a chain reaction resulting in state and ultimately national anti-Chinese immigration laws. The constitutional immunity through which the Supreme Court upheld those laws deeply affected the future trajectory of U.S. immigration law and policy.
Responding to sustained political pressure from the West, Congress in 1882 passed the Chinese Exclusion Act, an infamous piece of unabashedly racist legislation that commenced a long process of barring immigration from all of Asia to the United States. In upholding the Act, the Supreme Court …