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Articles 1 - 30 of 5553
Full-Text Articles in Law
Gen Y More Black Corporate Directors, Chaz Brooks
Gen Y More Black Corporate Directors, Chaz Brooks
Articles in Law Reviews & Other Academic Journals
Corporate diversity has been in the spotlight for decades. Recent efforts have followed years of legal scholarship, arguments on the business rationale for greater diversity, and more recently, the racial unrest during the summer of 2020. Called by some, a “racial reckoning,” the summer of 2020 catalyzed many corporate declarations on the importance of diversity, and more to the point of this article, the necessity of righting the economic disadvantages of Black Americans. This article looks specifically at one intervention by a corporate player following summer 2020, Nasdaq’s volley to increase corporate diversity through required disclosure. This article reviews the …
Liberation Chronicles: Reformulating Black Liberation In The Face Of Persistent Oppression, Nia P. Gadson
Liberation Chronicles: Reformulating Black Liberation In The Face Of Persistent Oppression, Nia P. Gadson
Honors College Theses
Liberation movements for Black people have been prominent throughout American history. Chattel slavery and Jim Crow laws caused centuries of anti-black oppression. They continuously evolved into other anti-black structures – mass incarceration, predatory loan companies, and healthcare inequalities, to name a few – that require us to address these issues still today. The most recent Black liberation movement, Black Lives Matter, experienced a brief uptick in support after George Floyd’s murder but, overall, failed to address these issues. This thesis outlines three approaches to Black liberation in the U.S. to determine the most effective. First, drawing on Frederick Douglass’ autobiographies, …
Of Race, Racism And Racially Motivated Offences: A Review Of The Hate Crime And Public Order (Scotland) Act 2021, Olufemi O. Ilesanmi, Danielle Mckandie
Of Race, Racism And Racially Motivated Offences: A Review Of The Hate Crime And Public Order (Scotland) Act 2021, Olufemi O. Ilesanmi, Danielle Mckandie
Class, Race and Corporate Power
A relationship of social and legal significance seems to exist between the prohibition of expressions or manifestations of racism and the society’s preservation of racial diversity. To discourage racial prejudice and thereby protect each race, the state must manage its diversity well by legislating against racist hate offences. In Scotland, for example, the government boldly accepted that hate crimes, including racially motivated offences, are a serious problem requiring closer attention. Through its Hate Crime and Public Order (Scotland) Act 2021, the state resolves to tackle related criminality.
Focusing on the Act, this review examines whether or how race within the …
Racial Targets, Atinuke O. Adediran
Racial Targets, Atinuke O. Adediran
Northwestern University Law Review
It is common scholarly and popular wisdom that racial quotas are illegal. However, the reality is that since 2020’s racial reckoning, many of the largest companies have been touting specific, albeit voluntary, goals to hire or promote people of color, which this Article refers to as “racial targets.” The Article addresses this phenomenon and shows that companies can defend racial targets as distinct from racial quotas, which involve a rigid number or proportion of opportunities reserved exclusively for minority groups. The political implications of the legal defensibility of racial targets are significant in this moment in American history, where race …
Mass Incarceration, Violent Crimes, And Lengthy Sentences: Using The Race-Class Narrative As A Messaging Framework For Shortening Prison Sentences, Eric Petterson
St. Mary's Law Journal
No abstract provided.
Alan Dershowitz: The War Against The Jews In Israel And In The Diaspora, Cardozo Federalist Society
Alan Dershowitz: The War Against The Jews In Israel And In The Diaspora, Cardozo Federalist Society
Flyers 2023-2024
No abstract provided.
What The Trust? Overcoming Barriers To Renewable Energy Development In Indian Country, Malcolm M. Gilbert, Aspen B. Ward
What The Trust? Overcoming Barriers To Renewable Energy Development In Indian Country, Malcolm M. Gilbert, Aspen B. Ward
Public Land & Resources Law Review
No abstract provided.
Corner Crossing: Unlocking Public Lands Or Invading The Airspace Of Landowners?, Kevin Frazier
Corner Crossing: Unlocking Public Lands Or Invading The Airspace Of Landowners?, Kevin Frazier
Public Land & Resources Law Review
No abstract provided.
The Misguided Use Of The Harvard/Unc Ruling To Thwart Law Firm And Other Private Employer Dei Efforts, Ronald A. Norwood
The Misguided Use Of The Harvard/Unc Ruling To Thwart Law Firm And Other Private Employer Dei Efforts, Ronald A. Norwood
SLU Law Journal Online
This article explores the Harvard/UNC ruling and what, in the author’s view, is the misguided efforts by certain political and well-financed private actors to use that ruling to justify the eradication of private employers and law firm DEI efforts. It is the author’s firm belief that because the Supreme Court’s holding is limited to an analysis of the Constitution’s Equal Protection clause (limited to state actors) and Title VI (covering private actions receiving federal funding), that ruling should not be used by courts to quash DEI programs designed to level the employment playing field for minorities, women and other protected …
Rwu Law Alumni Newsletter April 2024, Roger Williams University School Of Law
Rwu Law Alumni Newsletter April 2024, Roger Williams University School Of Law
RWU Law
No abstract provided.
Abolition Economics, Jessica Wolpaw Reyes, René Reyes
Abolition Economics, Jessica Wolpaw Reyes, René Reyes
Michigan Journal of Race and Law
Over the past several decades, Law & Economics has established itself as one of the most well-known branches of interdisciplinary legal scholarship. The tools of L&E have been applied to a wide range of legal issues and have even been brought to bear on Critical Race Theory in an attempt to address some of CRT’s perceived shortcomings. This Article seeks to reverse this dynamic of influence by applying CRT and related critical perspectives to the field of economics. We call our approach Abolition Economics. By embracing the abolitionist ethos of “dismantle, change, and build,” we seek to break strict …
The Right To Violence, Sean Hill
The Right To Violence, Sean Hill
Utah Law Review
Scholars have long contended that the state has a monopoly on the use of violence. This monopoly is considered essential for the state to assure the safety and security of its citizens. Whereas public officers have the broadest authority to deploy violence, in order to make arrests or to inflict punishment, private citizens allegedly have severe restrictions on their use of force. Specifically, the state is said to only authorize private violence when civilians face an imminent threat of unlawful force or when civilians are attempting to prevent a crime.
Yet the state explicitly authorized private violence against enslaved people …
Critical Race Theory & The Need To Have A Race Perspective In Public Service Law, Cardozo Public Service Scholars Program
Critical Race Theory & The Need To Have A Race Perspective In Public Service Law, Cardozo Public Service Scholars Program
Flyers 2023-2024
No abstract provided.
Law School News: Rwu School Of Law Launches Institute For Race And The Law And Celebrates Champions For Justice 3-22-2022, Roger Williams University School Of Law
Law School News: Rwu School Of Law Launches Institute For Race And The Law And Celebrates Champions For Justice 3-22-2022, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Champions For Justice 2024, Roger Williams University School Of Law
Champions For Justice 2024, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Free Exercise, The Respect For Marriage Act, And Some Potential Surprises, Mark Strasser
Free Exercise, The Respect For Marriage Act, And Some Potential Surprises, Mark Strasser
Cleveland State Law Review
Congress recently passed the Respect for Marriage Act to assure that certain marriages would remain valid even if the Supreme Court were to overrule past precedent and hold that the Constitution does not protect the right to marry a partner of the same sex or of a different race. However, the Act, as written, may not offer protection for certain same-sex or interracial marriages and may open the door to the federal protection of plural marriages, congressional intent notwithstanding, because of the Court’s increasingly robust free exercise jurisprudence.
A New Private Law Of Policing, Cristina Carmody Tilley
A New Private Law Of Policing, Cristina Carmody Tilley
Brooklyn Law Review
American law and American life are asymmetrical. Law divides neatly in two: public and private. But life is lived in three distinct spaces: pure public, pure private, and hybrid middle spaces that are neither state nor home. Which body of law governs the shops, gyms, and workplaces that are formally accessible to all, but functionally hostile to Black, female, poor, and other marginalized Americans? From the liberal midcentury onward, social justice advocates have treated these spaces as fundamentally public and fully remediable via public law equity commands. This article takes a broader view. It urges a tort law revival in …
Community Responsive Public Defense, Alexis Hoag-Fordjour
Community Responsive Public Defense, Alexis Hoag-Fordjour
Fordham Law Review
This colloquium asks us to consider how social change is influencing the legal profession and the legal profession’s response. This Essay applies these questions to organizing around criminal injustice and the response from public defenders. This Essay surfaces the work of four innovative indigent defense organizations that are engaged with and duty-bound to the communities they represent. I call this “community responsive public defense,” which is a distinct model of indigent defense whereby public defenders look to their clients and their clients’ communities to help shape advocacy, strategy, and representation.
Methodologically, this Essay relies primarily on qualitative interviews with leaders …
(How) Can Litigation Advance Multiracial Democracy?, Olatunde C.A. Johnson
(How) Can Litigation Advance Multiracial Democracy?, Olatunde C.A. Johnson
Fordham Law Review
Can rights litigation meaningfully advance social change in this moment? Many progressive or social justice legal scholars, lawyers, and advocates would argue “no.” Constitutional decisions issued by the U.S. Supreme Court thwart the aims of progressive social movements. Further, contemporary social movements often decenter courts as a primary domain of social change. In addition, a new wave of legal commentary urges progressives to de-emphasize courts and constitutionalism, not simply tactically but as a matter of democratic survival.
This Essay considers the continuing role of rights litigation, using the litigation over race-conscious affirmative action as an illustration. Courts are a key …
Rereading Pico And The Equal Protection Clause, Johany G. Dubon
Rereading Pico And The Equal Protection Clause, Johany G. Dubon
Fordham Law Review
More than forty years ago, in Board of Education v. Pico, the U.S. Supreme Court considered the constitutionality of a school board’s decision to remove books from its libraries. However, the Court’s response was heavily fractured, garnering seven separate opinions. In the plurality opinion, three justices stated that the implicit corollary to a student’s First Amendment right to free speech is the right to receive information. Thus, the plurality announced that the relevant inquiry for reviewing a school’s library book removal actions is whether the school officials intended to deny students access to ideas with which the officials disagreed. …
A Critical Race Theory Analysis Of Critical Race Theory Bans, Caroline M. Corbin
A Critical Race Theory Analysis Of Critical Race Theory Bans, Caroline M. Corbin
UC Irvine Law Review
A majority of state legislatures have introduced bills prohibiting public schools from teaching certain “divisive concepts” attributed to critical race theory (CRT), with at least fifteen states successfully enacting them. This Article applies a critical race theory analysis to these critical race theory bans, finding that the bans embody white privilege and especially its companion, white fragility.
After providing a primer on critical race theory, Part I explains how the state bans profoundly misunderstand critical race theory, which focuses on how systems and institutions reproduce racial inequality. These bans, however, assume that racism is individual, intentional, and rare, and that …
Prior Racist Acts And The Character Evidence Ban In Hate Crime Prosecutions, Paul F. Rothstein, Ronald J. Coleman
Prior Racist Acts And The Character Evidence Ban In Hate Crime Prosecutions, Paul F. Rothstein, Ronald J. Coleman
Georgetown Law Faculty Publications and Other Works
The killing of unarmed African-American Ahmaud Arbery and others ignited a wave of public outrage and re-focused attention on race and the criminal justice system. During the recent federal hate crimes proceedings for Arbery’s death, the prosecution introduced evidence relating to the alleged past racist acts of the defendants. This type of evidence may be seen as highly probative and desperately needed to do justice in hate crimes cases. On its face, however, such type of evidence appears to be inadmissible owing to the well-known—but little understood— evidentiary ban on character evidence prescribed in Federal Rule of Evidence 404(b) and …
Cardozo’S Race And The Law Course Offerings Give Students A Unique Chance To Learn About How To Be An Anti-Racist Future Lawyer, Benjamin N. Cardozo School Of Law
Cardozo’S Race And The Law Course Offerings Give Students A Unique Chance To Learn About How To Be An Anti-Racist Future Lawyer, Benjamin N. Cardozo School Of Law
Cardozo News 2024
In fall of 2021, Cardozo Law announced new initiatives and expanded course offerings to acknowledge and work to eradicate systemic racism by ensuring that Cardozo graduates are culturally competent and well-educated on issues of discrimination. Since then, the law school has remained steadfast in its commitment to educating students in ways that center black, indigenous and other people of color (BIPOC).
Can We Really Be The Change We Wish To See? The Inherent Limitations Of Citizen Suits In Remedying Environmental Injustice Under The Clean Air Act, Alexandra M. George
Can We Really Be The Change We Wish To See? The Inherent Limitations Of Citizen Suits In Remedying Environmental Injustice Under The Clean Air Act, Alexandra M. George
Villanova Environmental Law Journal
No abstract provided.
Arizona V. Navajo Nation, Sarah K. Yarlott
Arizona V. Navajo Nation, Sarah K. Yarlott
Public Land & Resources Law Review
Arizona v. Navajo Nation clarified the United States’ trust duties to protect tribal water rights under the Winters doctrine and the 1868 Treaty with the Navajo. Under the Winters doctrine, Indian reservations are permanent homes that include an implicit reservation of water rights. However, Winters did not elaborate on the United States’ role in securing those rights. In Navajo Nation, the Court settled whether the United States has an implied duty under its trust obligations to take affirmative steps in securing water rights for tribes; the Court held no such implied duty exists.
Maurer Blsa Earns Midwest Chapter Of The Year, James Owsley Boyd
Maurer Blsa Earns Midwest Chapter Of The Year, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
The Black Law Students Association at the Indiana University Maurer School of Law has earned national recognition, taking home Medium Chapter of the Year honors at the 56th Midwest BLSA Regional Convention in early February.
The Midwest BLSA community includes dozens of chapters at law schools from Colorado to Ohio, including nearly all of the schools in the Big Ten conference.
“Our Black Law Students Association isn’t just one of the best in the Midwest, it’s one of the best in the country,” said Indiana Law Dean Christiana Ochoa. “Congratulations to Nashuba Hudson, the executive board, and all who have …
Critical Race Religious Literacy: Exposing The Taproot Of Contemporary Evangelical Attacks On Crt, Robert O. Smith, Aja Y. Martinez
Critical Race Religious Literacy: Exposing The Taproot Of Contemporary Evangelical Attacks On Crt, Robert O. Smith, Aja Y. Martinez
Journal of Critical Race and Ethnic Studies
No abstract provided.
Who’S Afraid Of Being Woke? – Critical Theory As Awakening To Erascism And Other Injustices, Berta E. Hernández-Truyol
Who’S Afraid Of Being Woke? – Critical Theory As Awakening To Erascism And Other Injustices, Berta E. Hernández-Truyol
Journal of Critical Race and Ethnic Studies
No abstract provided.
Law School News: From The Community, For The Community 1/21/24, Suzi Morales, Roger Williams University School Of Law
Law School News: From The Community, For The Community 1/21/24, Suzi Morales, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.