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Articles 1 - 23 of 23
Full-Text Articles in Law
Dawinder S. Sidhu On Hate Crimes, Terrorism, And Sikhs, Dawinder S. Sidhu, Benjamin Wittes
Dawinder S. Sidhu On Hate Crimes, Terrorism, And Sikhs, Dawinder S. Sidhu, Benjamin Wittes
Faculty Scholarship
Dawinder S. Sidhu of the University of New Mexico School of Law writes in with the following comments on the fallout from the shooting at the Sikh Temple at Oak Creek, Wisconsin.
Oak Creek And The Future Of Sikhs In America, Dawinder S. Sidhu
Oak Creek And The Future Of Sikhs In America, Dawinder S. Sidhu
Faculty Scholarship
No abstract provided.
In The Wake Of The Temple Shootings, A New Call For Sikh Leadership, Dawinder S. Sidhu
In The Wake Of The Temple Shootings, A New Call For Sikh Leadership, Dawinder S. Sidhu
Faculty Scholarship
No abstract provided.
Violence Against Sikhs Stems From Ignorance And Fear, Dawinder S. Sidhu
Violence Against Sikhs Stems From Ignorance And Fear, Dawinder S. Sidhu
Faculty Scholarship
No abstract provided.
Call The Colorado Shootings What They Were: Terrorism, Dawinder S. Sidhu
Call The Colorado Shootings What They Were: Terrorism, Dawinder S. Sidhu
Faculty Scholarship
No abstract provided.
Families Of Color In Crisis: Bearing The Weight Of The Financial Market Meltdown, André Douglas Pond Cummings
Families Of Color In Crisis: Bearing The Weight Of The Financial Market Meltdown, André Douglas Pond Cummings
Faculty Scholarship
The financial market crisis of 2008 landed heaviest and hardest upon communities of color. In the minority communities that continue to bear the crushing weight of this crisis—which continues unrequited—women of color, and by extension, their families, are by far the group most devastated by the global market meltdown. In an ultimate irony, most economists, scholars, and commentators now agree that the collapse, which continues to ravage Main Street, was caused primarily by a select group of privileged white men–i.e., Wall Street executives, bankers, and the politicians purchased by Wall Street largess. The impact of Wall Street’s fascination with securitizing …
Religious Freedom And Inmate Grooming Standards, Dawinder S. Sidhu
Religious Freedom And Inmate Grooming Standards, Dawinder S. Sidhu
Faculty Scholarship
In this Article, I argue that the Eleventh Circuit's general legal approach to such religious freedom claims and its support for restrictive inmate grooming standards are no longer sustainable. That is, a substantial and increasing number of jurisdictions have been able to respond to their penological concerns-the same penological interests that undergird and justify the restrictive inmate grooming standards adopted by the states within the Eleventh Circuit-without abridging the rights of inmates to grow their hair in accordance with their respective faiths. Accordingly, I posit that the Eleventh Circuit's jurisprudence must not only be revisited, but replaced with a more …
Derrick Bell: Godfather Provocateur, André Douglas Pond Cummings
Derrick Bell: Godfather Provocateur, André Douglas Pond Cummings
Faculty Scholarship
Professor Derrick Bell, the originator and founder of Critical Race Theory, passed away on October 5, 2011 at the age of 80. Around the world he is considered a hero, mentor, friend and exemplar. Known as a creative innovator and agitator, Professor Bell often sacrificed his career in the name of principles and objectives, inspiring a generation of scholars of color and progressive lawyers everywhere. Bell resigned a tenured position on the Harvard Law School faculty to protest Harvard’s refusal to hire and tenure women of color onto its law school faculty. For the past twenty years, Professor Bell taught …
Disparately Seeking Jurors: Disparate Impact And The (Mis)Use Of Batson, Anna Roberts
Disparately Seeking Jurors: Disparate Impact And The (Mis)Use Of Batson, Anna Roberts
Faculty Scholarship
No abstract provided.
(Re)Forming The Jury: Detection And Disinfection Of Implicit Juror Bias, Anna Roberts
(Re)Forming The Jury: Detection And Disinfection Of Implicit Juror Bias, Anna Roberts
Faculty Scholarship
No abstract provided.
Remediating Discrimination Against African American Females At The Intersection Of Title Ix And Title Vi, Alfred Dennis Mathewson
Remediating Discrimination Against African American Females At The Intersection Of Title Ix And Title Vi, Alfred Dennis Mathewson
Faculty Scholarship
In Part I, I present a brief treatment of intersectionality in anti-discrimination law focusing on the distinction between cause of action and remedy. Harm caused by gender or racial discrimination may give rise to causes of action based on equal protection principles." In Part II, I go further and argue that the primary intersectionality problem presented by Title IX is one of remedy. I conclude that the differences in the remedial effects of Title IX result, in part, from unremedied racial discrimination, a conclusion that begins with Professor Jerome Dees's argument that Brown v. Board of Education and anti-discrimination laws …
Achieving Reproductive Justice In The International Surrogacy Market, Seema Mohapatra
Achieving Reproductive Justice In The International Surrogacy Market, Seema Mohapatra
Faculty Scholarship
Men and women are increasingly seeking surrogacy arrangements outside of their home country, mainly due to legal restrictions or the high cost of surrogacy in their home countries. Global surrogacy raises numerous issues including the economic status of women involved in surrogacy arrangements, poverty, issues related to what motherhood means and how women from different ethnic, socioeconomic, class, and national backgrounds interact in the global surrogacy market. This essay analyzes whether reproductive justice exists in the current international surrogacy market. Reproductive justice refers to the normative concept that all women, regardless of their ethnic, racial, national, social, or economic backgrounds, …
Foreword: Doing The Hard Work, Jose R. "Beto" Juarez
Foreword: Doing The Hard Work, Jose R. "Beto" Juarez
Faculty Scholarship
No abstract provided.
Defusing Implicit Bias, Jonathan Feingold, Karen Lorang
Defusing Implicit Bias, Jonathan Feingold, Karen Lorang
Faculty Scholarship
The February 2012 killing of Trayvon Martin has slowly reignited the national conversation about race and violence. Despite the sheer volume of debate arising from this tragedy, insufficient attention has been paid to the potentially deadly mix of guns and implicit bias. Evidence of implicit bias, and its power to alter real-world behavior, is stronger now than ever. A growing body of research on “shooter bias” reveals that, as a result of implicit bias, White and Black Americans are more likely to shoot unarmed Black men than unarmed White men. The problem has been diagnosed. What remains to be determined …
Legal Education, Social Justice And The Law School Dean: Latinas At The Center, Margaret E. Montoya
Legal Education, Social Justice And The Law School Dean: Latinas At The Center, Margaret E. Montoya
Faculty Scholarship
The opening of LatCrit XVI in San Diego, CA, on October 9, 2011, coincided with the events that are identified as the start of the global expression of the Occupy Movement. The Occupy Movement began to gain media attention on September 17, 2011, in Zuccotti Park in New York City. By October 9, protests had taken place or were ongoing in eighty-two countries and over 600 communities in the United States. The broad theme for LatCrit XVI was "Global Justice" and the conference was billed as "an opportunity to explore theories, histories, and futures of global justice. Of particular importance …
Beyond Best Practices For Legal Education: Reflections On Cultural Awareness - Exploring The Issues In Creating A Law School And Classroom Culture, Antoinette M. Sedillo Lopez
Beyond Best Practices For Legal Education: Reflections On Cultural Awareness - Exploring The Issues In Creating A Law School And Classroom Culture, Antoinette M. Sedillo Lopez
Faculty Scholarship
If law schools are to prepare students for the reality of practice, it is useful to help students become aware of cultural issues that can affect client representation by examining the culture that the law school creates. The culture created by faculty, students, administration, and staff will affect the law student's acculturation as a legal professional as well as the law student's psychological well-being. This issue was addressed briefly in Best Practices for Legal Education (Best Practices), but not developed. This essay explores some of the challenges and opportunities of bringing cross-cultural issues into a law school classroom and some …
Out Of Sight, Out Of Legal Recourse: Interpreting And Revising Title Vii To Prohibit Workplace Segregation Premised On Religion, Dawinder S. Sidhu
Out Of Sight, Out Of Legal Recourse: Interpreting And Revising Title Vii To Prohibit Workplace Segregation Premised On Religion, Dawinder S. Sidhu
Faculty Scholarship
The purpose of this article is to argue that the federal courts’ prevailing interpretation of Title VII with respect to religious attire in the workplace is inconsistent with the law. I maintain that Title VII prohibits employers from either placing employees in the back or refusing to hire individuals with conspicuous articles of faith due to any actual or perceived social discomfort with the employee’s religion-based appearance. I am persuaded of this for two independent reasons. First, placing an employee out of public view does not constitute a “reasonable accommodation” under Title VII because the statute’s general anti-discrimination provision expressly …
Brief For Thirteenth Amendment Scholars, United States V. Hatch As Amicus Curiae, Dawinder S. Sidhu
Brief For Thirteenth Amendment Scholars, United States V. Hatch As Amicus Curiae, Dawinder S. Sidhu
Faculty Scholarship
Like the district court, we conclude that Congress has power under the Thirteenth Amendment to enact § 249(a)(1). Although the Thirteenth Amendment by its terms applies to slavery and involuntary servitude, Supreme Court precedent confirms Congress’s authority to legislate against slavery’s “badges and incidents” as well. In particular, the Supreme Court held in Jones v. Alfred H. Mayer Co., 392 U.S. 409 (1968)—a case permitting a federal private right of action against private individuals for housing discrimination—that Congress itself has power to determine those badges and incidents.
Brief For National Congress Of American Indians Supporting Plaintiffs-Appellants Motion For Rehearing En Banc, Knight V. Thompson As Amicus Curiae, Dawinder S. Sidhu
Brief For National Congress Of American Indians Supporting Plaintiffs-Appellants Motion For Rehearing En Banc, Knight V. Thompson As Amicus Curiae, Dawinder S. Sidhu
Faculty Scholarship
Statement of Issues: Whether a prison system may deprive American Indians of their fundamental right to exercise their religion where the prison system has not demonstrated that the policy actually furthers its asserted compelling government interest. Whether a prison system may deprive American Indians of their fundamental right to exercise their religion where the prison system has not even considered less restrictive means of furthering its asserted compelling interest.
The Unconstitutionality Of Urban Poverty, Dawinder S. Sidhu
The Unconstitutionality Of Urban Poverty, Dawinder S. Sidhu
Faculty Scholarship
This Article argues that the Thirteenth Amendment is a proper federal vehicle for correcting the conditions of the urban underclass. The Amendment, I posit, contemplates federal intervention in the state and local governments' handling of its most troubled areas. Such federal involvement is appropriate because those responsible for these physical areas have not ensured that their residents have the necessary predicates for full and independent participation in society. The Thirteenth Amendment, in other words, supports the federal government's establishment of a minimum floor of economic and educational conditions such that the urban underclass may possess meaningful horizontal and vertical liberty, …
From Private Violence To Mass Incarceration: Thinking Intersectionally About Women, Race, And Social Control, Kimberlé W. Crenshaw
From Private Violence To Mass Incarceration: Thinking Intersectionally About Women, Race, And Social Control, Kimberlé W. Crenshaw
Faculty Scholarship
The structural and political dimensions of gender violence and mass incarceration are linked in multiple ways. The myriad causes and consequences of mass incarceration discussed herein call for increased attention to the interface between the dynamics that constitute race, gender, and class power, as well as to the way these dynamics converge and rearticulate themselves within institutional settings to manufacture social punishment and human suffering. Beyond addressing the convergences between private and public power that constitute the intersectional dimensions of social control, this Article addresses political failures within the antiracism and antiviolence movements that may contribute to the legitimacy of …
Race And Selective Enforcement In Public Housing, Jeffrey Fagan, Garth Davies, Adam Carlis
Race And Selective Enforcement In Public Housing, Jeffrey Fagan, Garth Davies, Adam Carlis
Faculty Scholarship
Drugs, crime and public housing are closely linked in policy and politics, and their nexus has animated several intensive drug enforcement programs targeted at public housing residents. In New York City, police systematically conduct “vertical patrols” in public housing buildings, making tens of thousands of Terry stops each year. During these patrols, both uniformed and undercover officers systematically move through the buildings, temporarily detaining and questioning residents and visitors, often at a low threshold of suspicion, and usually alleging trespass to justify the stop. We use a case-control design to identify the effects of living in one of New York …
Crime And Enforcement In Immigrant Neighborhoods: Evidence From New York City, Garth Davies, Jeffrey Fagan
Crime And Enforcement In Immigrant Neighborhoods: Evidence From New York City, Garth Davies, Jeffrey Fagan
Faculty Scholarship
Immigration and crime have received much popular and political attention in the past decade, and have been a focus of episodic social attention for much of the history of the U.S. Recent policy and legal discourse suggests that the stigmatic link between immigrants and crime has endured, even in the face of evidence to the contrary. This study addresses the relationship between immigration and crime in urban settings, focusing on areal units where immigrants tend to cluster spatially as well as socially. We ask whether immigration creates risks or benefits for neighborhoods in terms of lower crime rates. The question …